No GST on fees paid to State government for change of land description

The AAR, Kerala, in the matter of IN RE: M/S. MANAPPURAM FINANCE LIMITED - 2023 (7) TMI 701 - AUTHORITY FOR ADVANCE RULING, KERALA  ruled that the payment made to state government for the change of land description does not attracts GST since, the service provided by the State government are covered is in relation to a function entrusted to Panchayat under Article 243G of the Constitution.

Facts:

M/s. Manappuram Finance Limited (“the Applicant”) is a non-banking financial company. The Applicant generates income from gold loans, money transfer business, purchase, and sale of foreign currency etc. and owns a land in Valapad village in Thrissur district which is a wetland as per the records of the village authorities.

The Applicant had paid the fees to the State government as per the provisions of Kerala Conservation of Paddy land and Wetland Act, 2018 for change in description of land from wetland to dry land in the village office records for the purpose of construction of office complex.

The Applicant filed an application before the AAR, Kerala, seeking the clarification whether payment made to the state government for change of land description attracts GST under reverse charges or not.

Issue:

Whether the payment made to the State government regarding the change of land description attract GST under reverse charge?

Held:

The AAR, Kerala, in IN RE: M/S. MANAPPURAM FINANCE LIMITED - 2023 (7) TMI 701 - AUTHORITY FOR ADVANCE RULING, KERALA  held as under:

• Noted that, the Applicant had deposited the payment to state government for the change of land description in which they wanted to do construction of office complex.
• Observed that, the activity being undertaken by the state government as a public authority in relation to a function entrusted to a panchayat under Article 243G of the Indian Constitution is neither a supply of goods nor a supply of services in terms of Notification No. 14/2017 Central Tax (Rate) dated June 28, 2017.
• Held that, the payment made to state government cannot be treated as supply of goods nor supply of service in terms of Notification No. 14/2017 Central Tax (Rate) dated June 28, 2017 thus it does not attracts GST under reverse charge.

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