Opportunity to respond to jurisdictional reports is mandatory before customs settlement duty enhancement; connected applications require consistent ad...
Specific customs headings for scaffolding components prevail over general classification, invalidating misclassification proceedings and enabling with...
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
Income-tax exemption for specified regulatory fees and government grants applies subject to non-commercial activity and continuing compliance conditio...
Digital accessibility audit and remediation deadlines extended, while all other disability-compliance obligations for regulated entities remain unchan...
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The AAR held that the applicant, a commercial entity engaged in constructing metro stations, does not qualify as a "Government Authority" under Paragraph-2(zf) of Notification No. 12/2017-CT (Rate) dated 28.06.2017, as amended. The applicant neither performs functions entrusted to a Municipality under Article 243W nor to a Panchayat under Article 243G of the Constitution, nor has any agreement with the local municipal corporation (BBMP) to carry out such functions. The constructed metro stations remain the exclusive property of the applicant and do not constitute public amenities vested in the local government. Consequently, the grant of concession under the MOU dated 04.06.2018 to the concessionaire is not eligible for GST exemption under the relevant exemption notification, as the fundamental criterion of being a "Government Authority" is not satisfied.
The AAR held that the applicant, a commercial entity engaged in constructing metro stations, does not qualify as a "Government Authority" under Paragraph-2(zf) of Notification No. 12/2017-CT (Rate) dated 28.06.2017, as amended. The applicant neither performs functions entrusted to a Municipality under Article 243W nor to a Panchayat under Article 243G of the Constitution, nor has any agreement with the local municipal corporation (BBMP) to carry out such functions. The constructed metro stations remain the exclusive property of the applicant and do not constitute public amenities vested in the local government. Consequently, the grant of concession under the MOU dated 04.06.2018 to the concessionaire is not eligible for GST exemption under the relevant exemption notification, as the fundamental criterion of being a "Government Authority" is not satisfied.
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