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        Case ID :

        2018 (11) TMI 400 - AAR - GST

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        Special Purpose Vehicle Granted Government Authority Status for Transport Consultancy Services The Advance Ruling Authority of Andhra Pradesh determined that the applicant, a Special Purpose Vehicle established by the Government of Andhra Pradesh, ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Special Purpose Vehicle Granted Government Authority Status for Transport Consultancy Services

                            The Advance Ruling Authority of Andhra Pradesh determined that the applicant, a Special Purpose Vehicle established by the Government of Andhra Pradesh, qualifies as a Government authority under specific notifications. Additionally, the consultancy services provided by the applicant for transport studies align with the functions of a Municipality under the Indian Constitution, making them eligible for exemption. This ruling clarifies the applicant's status and the scope of services covered under the exemption, ensuring compliance with relevant regulations.




                            Issues involved:
                            1. Whether the applicant is considered a Government authority as per specific notifications.
                            2. Whether the consultancy services provided by the applicant fall within the functions of a Municipality for exemption.

                            Issue 1: Applicant's status as a Government authority
                            The applicant, a Special Purpose Vehicle (SPV) set up by the Government of Andhra Pradesh, was deemed a Government authority based on its establishment, ownership, and accountability to the state government. The applicant's formation under a government order and its complete ownership by the state government solidified its classification as a Government authority as per the relevant notification.

                            Issue 2: Consultancy services and exemption
                            The consultancy services offered by the applicant for transport studies, including mobility plans and project reports, were assessed against the functions of a Municipality under Article 243W and the Twelfth Schedule of the Indian Constitution. The authority determined that urban planning, including urban transportation, is a responsibility of Municipalities. The services provided by the applicant, such as transit plans and public transport projects, were found to align with the functions listed in the Twelfth Schedule. Therefore, the consultancy services were considered within the purview of a Municipality's functions, making them eligible for exemption under the specified notification.

                            In conclusion, the Advance Ruling Authority of Andhra Pradesh ruled that the applicant is recognized as a Government authority as per the relevant notification. Additionally, the consultancy services offered by the applicant for transport studies were deemed to fall within the functions of a Municipality, making them eligible for exemption under the law. The ruling provided clarity on the applicant's status and the scope of services covered under the exemption, ensuring compliance with the applicable regulations.
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                            ActsIncome Tax
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