Untitled 1
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY,
PART II, SECTION 3,
SUBSECTION (i)]
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 15/2023- Integrated Tax
(Rate)
New Delhi, the 19 October, 2023
G.S.R......(E).-In exercise of the powers conferred by sub-sections (1), (3)
and (4) of section 5, subsection
(1) of section 6 and clauses (iii), (iv) and (xxv) of section 20 of the
Integrated Goods and Services Tax Act, 2017 (13
of 2017), read with sub-section (5) of section 15, sub-section (1) of section 16
and section 148 of the Central Goods
and Services Tax Act, 2017 (12 of 2017), the Central Government, on the
recommendations of the Council, and on
being satisfied that it is necessary in the public interest so to do, hereby
makes the following further amendments in
the notification of the Government of India, in the Ministry of Finance
(Department of Revenue), No. 8/2017-
Integrated Tax (Rate), dated the 28th June, 2017, published in the Gazette of
India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R. 683(E), dated the 28th June, 2017, namely:-
In the said notification, -
(A) in the Table,
(i) against serial number 8, in column (3), in item (vi), after the condition in
column (5) against
the rate of 5 percent, the following condition shall be inserted, namely:-
“Provided further that where the supplier of input service in the same line of
business
charges integrated tax at a rate higher than 5%, credit of input tax charged on
the input
service in the same line of business in excess of the tax paid or payable at the
rate of 5%,
shall not be taken.
Illustration: ‘A’ engages ‘B’ for transport from New Delhi to Jaipur in a motor
cab for Rs.
1000. ‘B’, for supplying the said service, hires a motor cab with operator from
‘C’ for Rs.
800. ‘C’ charges ‘B’ integrated tax at the rate of 12% (Rs. 96). If ‘B’ charges
‘A’
integrated tax at the rate of 5%, he shall be entitled to take input tax credit
on the input
service in the same line of business supplied by ‘C’ only to the extent of Rs.
40 (5% of Rs.
800) and not Rs. 96.”;
(ii) against serial number 10, in column (3), in item (i), after the
condition in column (5) against
the rate of 5 percent , the following condition shall be inserted, namely:-
“Provided further that where the supplier of input service in the same line of
business
charges integrated tax at a rate higher than 5%, credit of input tax charged on
the input
service in the same line of business in excess of the tax paid or payable at the
rate of 5%,
shall not be taken.
Illustration: ‘A’ engages ‘B’ for transport from New Delhi to Jaipur in a motor
cab for Rs.
1000. ‘B’, for supplying the said service, hires a motor cab with operator from
‘C’ for Rs.
800. ‘C’ charges ‘B’ integrated tax at the rate of 12% (Rs. 96). If ‘B’ charges
‘A’
integrated tax at the rate of 5%, he shall be entitled to take input tax credit
on the input
service in the same line of business supplied by ‘C’ only to the extent of Rs.
40 (5% of Rs.
800) and not Rs. 96.”;
(iii) against serial number 34,-
(a) in column (3), in item (iv), for the words “totalisator or a license to”
, the words
“licensing a” shall be substituted;
(b) in column (3), item (v) and the entries relating thereto shall be
omitted;
(B) in the Annexure: Scheme of Classification of Services,-
(i) serial number 696 and the entries relating thereto shall be omitted;
(ii) serial number 698 and the entries relating thereto shall be omitted.
2. This notification shall come into force with effect from the 20th day of
October, 2023.
[F.No. CBIC-190354/195/2023-TO (TRU-II)-CBEC]
(Rajeev Ranjan)
Under Secretary to the Government of India
Note: - The principal notification number 08/2017 - Integrated Tax (Rate),
dated the 28th June, 2017 was published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) ,
vide number G.S.R. 683 (E), dated the
28th June, 2017 and was last amended vide published in the Gazette of India, Extraordinary, Part II ,
Section 3 , Sub-section (i) vide number
G.S.R. 689(E), dated the 26th September, 2023.
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