TaxTMI 
TaxTMI 
2018 (9) TMI 2101
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....ed to MHTL) having GSTN No- [20AAGCT3424Q1Z8] is a company registered under companies Act, 2013. The Company engaged in manufacturing and exporting of Readymade Garments having its manufacturing plant at Gurgaon. 1. To expand its operations, the Company has taken land from Ranchi Industrial Area Development Authority (RIADA) on lease for 30 years and is planning to set up an industrial unit for manufacturing of "Manufacturing of Garments". 2. As per the lease terms lessee is required to pay the upfront premium, which shall be total amount to be paid for lease. However, as per the terms of RIADA if the company is into mega IT industry/textile industry programme of RIADA then the company shall have option to pay land premium in 10 equal....
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....08.2021 Current Circle Rate + Applicable Tax 10^th installment 01.02.2022 Current Circle Rate + Applicable Tax iii. In addition to the land premium/upfront premium, annual rent shall be Rs. 5,000/-per acre per annum which amounts to Rs. 20,000 (Rupees Twenty Thousand Only) and annual maintenance charges of Rs. 7,000/- per acre per annum which amounts to Rs. 28,000 (Rupees Twenty Eight Thousand Only) which shall be revised from time to time by the authority and shall be payable by the company. 2. The applicant sought Advance Ruling on the following questions/issues 1. The applicant is seeking clarification on the imposition of the GST on the land premium to be payable to the RIADA. ....
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..... 5. The Applicant with regard to each questions has submitted that:- 5.1 Serial No 41 of notification 12/2017 dated 28-06-2017 was issued under the GST Act, whereby the Central Government, on recommendation of the Council, made exemption from payment of GST on the One time upfront amount (called as premium, salami, cost, price, development charges or by any other name) leviable in respect of the service, by way of granting long term (30 years, or more) lease of industrial plots provided by State Government Industrial Corporations. 5.2 Since the applicant as entered in to agreement with RIADA under the lease agreement for the period of 30 years for the lease of industrial plot provided by the state industrial development corporatio....
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....ication No. 41/2016. The said notification is produced by the Applicant as follows:- "In exercise of the powers conferred by sub - section (1) of section 93 of the finance Act. 19954(32 of 1994), the central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts taxable service provided by state Government industrial Development Corporations/ undertaking to industrial units by way of granting long term (thirty years, or more) lease of industrial plots from so much of service tax leviable thereon under section 66 B of the said Act as is leviable on the one time upfront amount (called as premium, salami, cost price, development charges or by any other name) payable for such lease." 5.5 The....
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....sdictional Officer was conducted and concluded on 02-08-2018 7.1 We have considered the submissions made by the Applicant in their application for Advance Ruling as well as the submissions made by the concerned Jurisdictional Officer during Personal Hearing. We also considered the questions/issues on which Advance Rulings have been sought for by the applicant, relevant facts having bearing on the questions/issues raised, the applicant's understanding/interpretation of law in respect of the issue. 7.2 The applicant sought Advance Ruling on the two questions i.e. - (i) The applicant is seeking clarification on the imposition of the GST on the land premium to be payable to the RIADA. (ii) What is the applicability o....