2021 (11) TMI 392

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....ction 97 of KGST Act, 2017 read with Rule 104 of KGST Rules, 2017, in FORM GST ARA-01 discharging the fee of Rs. 5,000/- each under the CGST Act and the KGST Act. 2. The Applicant is a Proprietary concern registered under the provisions of Central Goods and Services Tax Act, 2017 as well as Karnataka Goods and Services Tax Act, 2017 (hereinafter referred to as the CGST Act and KGST/SGST Act respectively). The applicant is registered PWD Civil Government contractor. 3. The applicant has sought advance ruling in respect of the following questions: a. Whether the subsidy from Government of Karnataka is to be reduced from the value of import of plant and machinery from China, for the purpose of levying GST? b. Whether va....

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....us, GST is to be charged only on the amount paid by the beneficiary/customer i.e., 10% of total invoice value, i.e. 90% GST should be waived as that is part of subsidy from the Government. PERSONAL HEARING / PROCEEDINGS HELD ON 08-09-2021 7. Shri M. Perumal, Chartered Accountant & Authorised Representative of the applicant appeared for personal hearing proceedings held on 08-09-2021 and reiterated the facts narrated in their application. FINDINGS & DISCUSSION 8. At the outset we would like to make it clear that the provisions of CGST Act, 2017 and KGST Act, 2017 are in pari-materia and have the same provisions in like matter and differ from each other only on a few specific provisions. Therefore, unless a mention is particularly....

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.... and the same is reproduced below: (3) The Government may, on the recommendations of the Council, by notification, specify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both. 14. Section 5(1) of IGST Act 2017 authorizes levy of IGST on goods imported into India in accordance with the provisions of section 3 of the Customs Tariff Act, 1975 on the value as determined under the said Act. Sub-section 1 of Section 5 is reproduced below: Subject to th....