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of <h1>GST Exemption: Mumbai Port Trust payments from MMRDA for services to Govt. Entity under Notification No. 12/2017-CTR</h1> <h3>In Re: M/s. Mumbai Port Trust</h3> In Re: M/s. Mumbai Port Trust - 2022 (60) G.S.T.L. 489 (A. A. R. - GST - Mah.) Issues Involved:1. Exemption from GST on Way Leave Fees and Lease Rent.2. Exemption from GST on Compensation for Demolition of Sheds.3. Exemption from GST on Compensation for Decommissioning Jetty/Berth.4. Exemption from GST on Way Leave Agreement Charges.5. Exemption from GST on Refundable Security Deposit.6. Exemption from GST on Refundable Security Deposit for Damages.Detailed Analysis:1. Exemption from GST on Way Leave Fees and Lease RentThe applicant, Mumbai Port Trust (MbPT), sought an advance ruling to determine if they are entitled to GST exemption on Way Leave fees and Lease rent payable by Mumbai Metropolitan Region Development Authority (MMRDA) under Entry No. 3 of Notification No. 12/2017-CTR dated 28-06-2017. The ruling concluded that the lease of land and water areas by MbPT to MMRDA qualifies as 'pure services' and is exempt from GST as it is provided to a Government Entity (MMRDA) for activities related to functions entrusted to a Municipality under Article 243W of the Constitution.2. Exemption from GST on Compensation for Demolition of ShedsMbPT received compensation of Rs. 24.48 crores from MMRDA for the demolition of four existing sheds. The ruling determined that this compensation is also for obtaining the grant of way leave/lease, which qualifies as pure services. Hence, it is exempt from GST under the same notification.3. Exemption from GST on Compensation for Decommissioning Jetty/BerthCompensation of Rs. 64 crores was received by MbPT for the decommissioning of Old Pir Pau Jetty/Berth. The ruling found that this payment is similarly for obtaining the grant of way leave/lease, qualifying as pure services and thus exempt from GST.4. Exemption from GST on Way Leave Agreement ChargesMbPT received an amount equivalent to 15% of the Security Deposit from MMRDA as Way Leave Agreement Charges. The ruling clarified that this amount is for incurring expenses on behalf of MMRDA and does not constitute consideration for any service provided by MbPT. Therefore, it does not attract GST. Even if considered part of the lease agreement, it qualifies as pure services and is exempt from GST under the notification.5. Exemption from GST on Refundable Security DepositMbPT received a refundable security deposit equivalent to 12 months' Way Leave fee/Lease rent from MMRDA. The ruling stated that under Section 2(31) of the CGST Act, a deposit is not considered payment for supply unless applied as consideration. Since the deposit is refundable and not applied as consideration, it does not attract GST.6. Exemption from GST on Refundable Security Deposit for DamagesMbPT received a refundable deposit of Rs. 20 crores to cover potential damages during the execution of work. The ruling concluded that this deposit is also related to pure services provided to a Government Entity and is exempt from GST. The deposit is not considered consideration unless appropriated for supply, as per Section 2(31) of the CGST Act.Conclusion:The Authority for Advance Ruling, Maharashtra, concluded that all the payments received by MbPT from MMRDA under the Memorandum of Understanding (MOU) qualify as pure services provided to a Government Entity in relation to functions entrusted to a Municipality under Article 243W of the Constitution. Therefore, these payments are exempt from GST under Entry No. 3 of Notification No. 12/2017-CTR dated 28-06-2017.
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