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Issue ID: 116591
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GST on NPV

Date 30 Jul 2020
Replies 9 Replies
Views 5514 Views
GST leviability on Net Present Value payments for forest diversion is contested between statutory charge and taxable consideration.
Whether GST is leviable on Net Present Value (NPV) paid for diversion of forest land is contested: NPV may be characterised either as a statutory compensatory charge outside GST or as consideration for a right to use natural resources (royalty/licence) and thus includible in the value of supply under valuation rules. Classification depends on statutory scheme and agreement terms, and carries administrative dispute risk; some advise paying GST and claiming input tax credit pending judicial or administrative resolution. (AI Summary)

For the developmental requirements, forests are diverted for non-forest purposes. To compensate for the loss , the law requires that the Net Present Value (NPV) of the diverted forest is calculated for a period of 50 years, and recovered from the “user agency” that is “diverting” the forests.

In this regard the lease holder of the mines pay NPV to the Govt. My query is whether GST is leviable on such NPV.

With Regards

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