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Clarification regarding applicability of GST on supply of food in Anganwadis and School
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GST exemption on catering to educational institutions ensures school and anganwadi meals remain tax-exempt regardless of funding source.
Catering services to educational institutions, including mid-day meal schemes and serving of food to pre-schools and schools, are exempt from GST. Anganwadis qualify as educational institutions by providing pre-school education and are covered. This exemption applies irrespective of funding source, whether government sponsorship or corporate donations.
Corrigendum to Order No. 01/WBGST/PRO/2021 dated 23.06.2021
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Designation correction in GST order revises the table entry from Senior Joint Commissioner to Joint Commissioner.
The State tax administration issued a corrigendum correcting the designation in the table against serial No. 7 of the earlier order. The words "Senior Joint Commissioner" were substituted with "Joint Commissioner". The correction is confined to that table entry and does not state any further substantive change.
Guidelines for officers posted in the Assessment Wing.
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Assessment Wing priorities shift to adjudication, registration expansion, and enforcement monitoring under state GST instructions.
Guidelines were issued for officers posted in the Assessment Wing after GST implementation and expiry of the period for final assessments. Officers were directed to focus on adjudication-related work, expand the registration base, and give priority to registration verification, cancellation, revocation and amendment. Priority also covered return monitoring, return scrutiny, refund scrutiny, enforcement alerts, high-value e-way bill work, disposal of SIB and audit cases, recovery of outstanding dues, and waiver of interest matters. Officers at check posts and similar formations were also required to assist in registration augmentation tasks under zonal directions.
Regarding monitoring through the module available on the departmental website.
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MIS monitoring through departmental modules mandated for officers at every level, with monthly review based on module reports.
Regular monitoring of MIS reports available on departmental website modules has been made mandatory for officers at every level in the Commercial Tax Department, Uttar Pradesh. The circular notes that different IT-based modules have been developed for departmental wings, but field officers were not regularly reviewing the reports. An enclosed chart prescribes the frequency of monitoring for various modules and officer levels, and headquarters review in monthly meetings is to be based strictly on the MIS generated through those modules.
Clarification regarding GST rate on laterals/parts of Sprinklers or Drip Irrigation System
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GST rate on laterals and parts for sprinklers and drip systems treated at the applicable tariff even when supplied separately.
Laterals and parts used solely or principally with sprinklers or drip irrigation systems and classifiable under the HSN heading for such systems attract GST at the composite rate of twelve percent even if supplied separately; parts of general use classified under other headings will attract the GST applicable to those respective headings according to Section and Chapter Notes to the HSN.
GST on service supplied by State Govt. to their undertakings or PSUs by way of guaranteeing loans taken by them
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Guarantee service exemption: government-issued loan guarantees to their undertakings or PSUs are not subject to GST.
Services supplied by Central or State Governments to their undertakings or PSUs by way of guaranteeing loans from banking companies and financial institutions are exempt from GST under Entry No. 34A of Notification No. 12/2017-Central Tax (Rate); the CBIC circular reiterates this exemption and the Maharashtra tax administration has directed that the circular be applied mutatis mutandis under the Maharashtra GST Act, 2017, inviting reports of implementation difficulties.
GST on milling of wheat into flour or paddy into rice for distribution by State Governments under PDS
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GST on milling services: exemption for composite supplies to State when goods value is limited; otherwise job work rate applies.
Clarification: milling of wheat into flour or paddy into rice for State distribution under PDS qualifies as a composite supply; exemption under entry No. 3A applies when the value of goods in the composite supply does not exceed the specified threshold, a factual determination. If the goods component exceeds that threshold, the supply to a registered person is to be treated as job work and attracts the concessional job work rate; persons registered solely for tax deduction purposes qualify as registered persons for this treatment.
Clarification regarding rate of tax applicable on construction services provided to a Government Entity, in relation to construction such as of a Ropeway on turnkey basis-reg.
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GST rate classification for ropeway construction: concessional rate not available; standard works-contract rate applies to government entities
Concessional GST under entry No. 3(vi) for composite supply of works contract to government entities applies only where the civil structure is meant predominantly for non commercial use; constructions like a ropeway for tourism do not qualify and therefore turnkey ropeway projects provided to a Government Entity must be classified under the general works-contract entry 3(xii) and attract the standard GST rate for such services.
Clarification regarding GST on supply of various services by Central and State Board (such as National Board of Examination)
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GST exemption on examination services confirms boards' exam fees and related input services are not taxable, accreditation attracts GST.
Boards that function as educational authorities and conduct examinations are treated as educational institutions for examination services; fees charged by such Boards for conducting examinations, including entrance examinations, are GST exempt. Input services supplied to these Boards relating to admission or conduct of examinations (such as online testing, result publication, printing of notifications, admit cards and question papers) are likewise exempt when provided to the Boards. Services of accreditation or registration provided by the Boards fall outside the examination exemption and are taxable at the standard rate.
Clarification regarding applicability of GST on the activity of construction of road where considerations are received in deferred payment (annuity)
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GST exemption scope: annuity for access to road/bridge covered, but annuities for road construction are not exempt.
Entry 23A exempts annuity payments only for services providing access to roads or bridges under the supporting-transport heading; it does not extend that exemption to services classified as general construction of roads. Therefore, deferred payments characterized as annuity for road construction remain taxable and are not covered by the annuity exemption applicable to access services.
Clarification regarding applicability of GST on supply of food in Anganwadis and Schools
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GST exemption for catering services to educational institutions applies regardless of government or corporate funding source.
Services consisting of serving food to educational institutions, including catering and mid-day meal schemes, are exempt from GST. The exemption covers pre-schools and schools and includes Anganwadi centres as educational institutions. The exemption applies regardless of funding source, whether by government sponsorship or corporate donations, and the CBIC clarification is to be implemented under the State GST law with implementation issues to be notified to tax authorities.
Clarification regarding GST rate on laterals/parts of Sprinklers or Drip Irrigation System
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GST classification on sprinkler and drip irrigation parts clarifies standalone laterals attract the same rate as irrigation systems.
Laterals and parts designed solely or principally for use with sprinklers or drip irrigation systems and classifiable under the HSN chapter for such systems are to be treated as part of that category and taxed at the same rate applicable to sprinklers and drip irrigation systems even when supplied separately; parts of general use that fall under other HSN headings must be taxed according to their respective headings.
GST on service supplied by State Govt. to their undertakings or PSUs by way of guaranteeing loans taken by them
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GST exemption on government loan guarantees affirmed for guarantees to undertakings and public sector undertakings.
Entry No. 34A exempts services supplied by Central Government, State Government or Union territory to their undertakings or Public Sector Undertakings by way of guaranteeing loans taken by such undertakings or PSUs from banking companies and financial institutions, and the circular reiterates that guaranteeing of loans by Central or State Government for their undertaking or PSU is specifically exempt under Entry No. 34A.
Clarifcation regarding GST on supply of various services by Central and State Board (such as National Board of Examination)
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GST exemption on board-conducted examinations confirmed; input services for exams exempt, accreditation and registration services remain taxable.
Services by Central or State Boards, including NBE, consisting of conduct of examinations for students, including entrance examinations, are exempt from GST; input services relating to admission or conduct of examinations provided to such Boards (such as online testing, result publication, printing of notifications, admit cards and question papers) are also exempt. Other services by these Boards, notably accreditation or registration/authorization of institutions or professionals, are taxable.
Clarification regarding GST rate on laterals/parts of Sprinklers or Drip Irrigation System
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GST on parts of sprinklers and drip irrigation systems follows classification; system-specific parts get the same tax treatment when sold separately.
Parts and laterals that are suitable for use solely or principally with sprinklers or drip irrigation systems and that are classifiable under the HSN heading for sprinklers shall attract the same GST rate as the systems even when supplied separately; parts of general use that classify under other HSN headings shall attract the GST applicable to those respective headings.
GST on service supplied by State Govt. to their undertakings or PSUs by way of guaranteeing loans taken by them
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Government guarantee service exemption affirmed: loan guarantees to undertakings and PSUs not subject to GST.
Supply of guarantee services by a State Government to its undertakings or PSUs in respect of loans from banks and financial institutions is exempt from GST under Entry No. 34A of the State Tax rate notification; this exemption for government-guaranteed loans to undertakings and PSUs is reaffirmed and to be implemented from the notified effective date, with officers to report any implementation difficulties to the issuing office.
GST on milling of wheat into flour or paddy into rice for distribution by State Governments under PDS
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GST exemption for composite supply to state governments clarified; milling for PDS exempt if goods value is a minor component.
The circular clarifies that milling of wheat into flour with fortification, or paddy into rice, supplied to a government for distribution under the Public Distribution System qualifies as a composite supply and is exempt under entry No. 3A if the value of goods in the composite supply does not exceed the prescribed threshold; otherwise, where the goods component exceeds that threshold the supply, when rendered as job work to a registered person, attracts the concessional job-work GST rate and persons registered only for tax deduction at source are treated as registered persons for this purpose.
Clarification regarding rate of tax applicable on construction services provided to a Government Entity, in relation to construction such as of a Ropeway on turnkey basis
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GST rate on construction services to government entities: ropeway turnkey projects attract the standard higher rate rather than concessional treatment.
Construction services supplied to a Government Entity for ropeway turnkey projects do not qualify for concessional GST treatment reserved for works contracts on structures meant predominantly for non commercial use; such ropeway constructions intended for commercial or tourism purposes must be classified under the general works contract category and taxed at the higher standard rate specified in the notification. The explanatory exclusion for government activities as public authorities does not extend concessional treatment to Governmental Authorities or Government Entities for commercially purposed structures.
Clarification regarding GST on supply of various services by Central and State Board (such as National Board of Examination)–reg.
Show AI Summary
GST exemption for examination services by central or state boards confirmed; accreditation and registration services remain taxable.
Services supplied by Central or State Boards by way of conduct of examination, including entrance examinations, and related input services for admission or conduct of examinations are exempt from GST; accreditation, registration or screening services supplied by such Boards to institutions or professionals are taxable under GST at the applicable rate.
Clarification regarding applicability of GST on the activity of construction of road where considerations are received in deferred payment (annuity)-reg.
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GST exemption scope for road access clarified: annuity for access can be exempt, but annuities for construction remain taxable.
Access to a road or bridge on payment of annuity is exempt under the exemption for supporting transport services, covering consideration in the form of tolls or annuities. Construction of roads is a separate general construction service and the access-by-payment exemption does not apply to construction services; annuities paid as consideration for construction of roads are not exempt from GST.

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