Government of India Ministry of Finance (Department of Revenue)
Notification No. 46/2017-Union Territory Tax (Rate)
New Delhi, the 14th November, 2017
G.S.R......(E).- In exercise of the powers conferred by sub-section (1) of
section 7, subsection (1) of section 8 and clause (iv) and clause (v) of section
21 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017) read
with sub-section (5) of section 15 and subsection (1) of section 16 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. 11/2017- Union Territory 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. 702(E), dated the 28th June,
2017, namely:-
In the said notification, in the Table,-
(i) against serial number 3, in item (vi), in column (3), for the words
“Services provided”, the words “Composite supply of works contract as defined in
clause (119) of section 2 of the Central Goods and Services Tax Act, 2017,
provided” shall be substituted;
(ii) against serial number 7,-
(a) for item (i) in column (3) and the entries relating thereto in columns
(3), (4) and (5), the following shall be substituted, namely:-
(3) |
(4) |
(5) |
“(i) Supply, by way of or as part of any service or in any other
manner whatsoever, of goods, being food or any other article for human
consumption or drink, where such supply or service is for cash, deferred
payment or other valuable consideration, provided by a restaurant,
eating joint including mess, canteen, whether for consumption on or away
from the premises where such food or any other article for human
consumption or drink is supplied, other than those located in the
premises of hotels, inns, guest houses, clubs, campsites or other
commercial places meant for residential or lodging purposes having
declared tariff of any unit of accommodation of seven thousand five
hundred rupees and above per unit per day or equivalent. Explanation.-
“declared tariff” includes charges for all amenities provided in the
unit of accommodation (given on rent for stay) like furniture, air
conditioner, refrigerators or any other amenities, but without excluding
any discount offered on the published charges for such unit.
and
above per unit per day or equivalent. Explanation.- “declared tariff”
includes charges for all amenities provided in the unit of accommodation
(given on rent for stay) like furniture, air conditioner, refrigerators
or any other amenities, but without excluding any discount offered on
the published charges for such unit. |
2.5 |
Provided that credit of input tax charged on goods and services used
in supplying the service has not been taken [Please refer to Explanation
no. (iv)].”; |
(b) for item (iii) in column (3) and the entries relating thereto in columns
(3), (4) and (5), the following shall be substituted, namely:-
(3) |
(4) |
(5) |
“(iii) Supply, by way of or as part of any service or in any other
manner whatsoever, of goods, being food or any other article for human
consumption or any drink, where such supply or service is for cash,
deferred payment or other valuable consideration, provided by a
restaurant, eating joint including mess, canteen, whether for
consumption on or away from the premises where such food or any other
article for human consumption or drink is supplied, located in the
premises of hotels, inns, guest houses, clubs, campsites or other
commercial places meant for residential or lodging purposes having
declared tariff of any unit of accommodation of seven thousand five
hundred rupees and above per unit per day or equivalent. Explanation.-
“declared tariff” includes charges for all amenities provided in the
unit of accommodation (given on rent for stay) like furniture, air
conditioner, refrigerators or any other amenities, but without excluding
any discount offered on the published charges for such unit. |
9 |
- |
(c) the item (iv) in column (3) and the entries relating thereto in columns
(3), (4) and (5), shall be omitted;
(d) in item (ix), in column (3), for the entry, the following entry shall be
substituted, namely:
“(ix) Accommodation, food and beverage services other than (ii), (iii), (v),
(vi), (vii) and (viii) above.
Explanation.- For the removal of doubt, it is hereby clarified that, supply,
by way of or as part of any service or in any other manner whatsoever, of goods,
being food or any other article for human consumption or drink, where such
supply or service is for cash, deferred payment or other valuable consideration,
provided by a restaurant, eating joint including mess, canteen, whether for
consumption on or away from the premises where such food or any other article
for human consumption or drink is supplied, other than those located in the
premises of hotels, inns, guest houses, clubs, campsites or other commercial
places meant for residential or lodging purposes having declared tariff of any
unit of accommodation of seven thousand five hundred rupees and above per unit
per day or equivalent shall attract Union territory tax @ 2.5% without any input
tax credit under item (i) above and shall not be levied at the rate as specified
under this entry.”;
(iii)against serial number 26, in column (3), in item (i), after sub-item
(h), the following shall be inserted, namely: -
‘(i) manufacture of handicraft goods.
Explanation. - The expression “handicraft goods” shall have the same meaning
as assigned to it in the notification No. 32/2017 -Central Tax, dated the 15th
September, 2017 published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), vide number G.S.R. 1158 (E), dated the 15th
September, 2017 as amended from time to time.’.
2. This notification shall come into force with effect from 15th of November,
2017.
(Ruchi Bisht) Under Secretary to the Government of India [F.
No.354/173/2017 -TRU]
Note: -The principal notification was published in the Gazette of India,
Extraordinary, vide notification
No. 11/2017 – Union Territory Tax(Rate), dated
the 28th June, 2017, vide number G.S.R. 702 (E), dated the 28th June, 2017 and
was last amended by notification No. 31/2017- Union Territory Tax (Rate) dated
the 13th October, 2017 vide number G.S.R. 1279(E), dated the 13th October, 2017.
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