ॐ असतो मा सद्गमय
Yes, serial no 11, 49 and 54 are missing in Notification 12/2017-Central Tax(Rate) compared to Notification 8/2017-Integrated Tax (Rate) dated June 28, 2017 because these entries relate to supplies that are always in the nature of inter-State and can never be intra-State supplies.
(ICAI FAQ PUBLICATION 06-09-2017 : Exemptions on Supply of Services – FAQ NO. 40)
GSTIN of the recipient must be provided to airline or hotel who will issue their invoice and file their GSTR-1 citing this GSTIN and credit will flow to the recipient, subject to section 17. Accordingly, travel agents who issue a consolidated invoice are causing loss of credit of taxes paid to airline or hotel and merely passing on credit of their taxes (5% as tour operator and 0.9%/1.8% on ticketing).
(ICAI FAQ PUBLICATION 06-09-2017 : Exemptions on Supply of Services – FAQ NO. 38)
Yes, as there is no exclusion from valuation as provided for special cases in Rule 32.
(ICAI FAQ PUBLICATION 06-09-2017 : Exemptions on Supply of Services – FAQ NO. 37)
Any reduction in ITC must arise under section 17 and this 1/3rd reduction in value that is explained in note 2 below the Notification 8/2017-Integrated Tax (Rate) dated June 28, 2017, it is not stated to be an ‘exempt supply’ for the purposes of section 17.
As such, though it appears logical to reverse ITC, there is no machinery provision to require this reversal of ITC.
(ICAI FAQ PUBLICATION 06-09-2017 : Exemptions on Supply of Services – FAQ NO. 36)
Health care is exempt to the extent it is not cosmetic in nature. Cosmetic treatment even if conducted in a hospital by a medical doctor would be taxable. Trails and opinions given by medical professionals on specimen or facts provided are taxable as the supply of services by the medical professional is not in respect of a patient or patient’s report for diagnosis or treatment.
(ICAI FAQ PUBLICATION 06-09-2017 : Exemptions on Supply of Services – FAQ NO. 35)
Entry 13 in the notification exempts ‘educational institution’ from tax on services provided ‘to student, faculty or staff’. As such any income flowing to the institution must bear a direct nexus to the relationship of ‘student, faculty or staff’ whatever may be the service that is provided. But, if the income is indicated to be otherwise than under this relationship, even though between same persons, exemption will abate. For example, payment towards building fund by a student admittedly is not in pursuance of that relationship because it is not towards tuition or any associated service.
(ICAI FAQ PUBLICATION 06-09-2017 : Exemptions on Supply of Services – FAQ NO. 34)
Yes, lease is liable to tax at the same rate at which the goods are liable. Once the goods are exempt, then by the same provision prescribing such a rate of tax for lease would also stand exempted
(ICAI FAQ PUBLICATION 06-09-2017 : Exemptions on Supply of Services – FAQ NO. 33)
Yes, but only land and building as per entry 6 in schedule III. Immovable property comprises of various other forms other than just land and buildings and they may not be exempt from GST. They could be taxable as ‘services’.
(ICAI FAQ PUBLICATION 06-09-2017 : Exemptions on Supply of Services – FAQ NO. 32)