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Notification No. 09/2018 – UTGST Explained

by Shakshi Bharti | Apr 14, 2024 | GST, 2018 Notifications, Notifications, Union Territory Tax (Rate) 2018 Notifications | 0 comments

Important keyword: Notification 09/2018 UTGST, GST exemption research institutions India, UTGST amendment 45/2017, DSIR GST exemption India, IIT GST exemption India, Customs 51/96 GST alignment, University GST exemption India,

Words: 814 Read time: 5 minutes.

[F. No. 354/1/2018-TRU]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

New Delhi, the 25th January, 2018

Notification No. 09/2018 - Union Territory Tax (Rate): Seeks to amend Notification No.45/2017-UTGST (Rate).

GST: [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

G.S.R….(E).- In exercise of the powers conferred by sub-section (1) of section 8 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017) ( hereafter in this notification referred to as “the said Act”) read with sub-section (3) of section 8 of the said Act, the Central Government, on being satisfied that it is necessary in the public interest so to do , on the recommendations of the Council, makes the following amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 45/2017- Union Territory Tax (Rate), dated the 14th November, 2017, published in the Gazette of India,

Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.1401 (E), dated the 14th November, 2017, namely:-

In the said notification, -

  • in the Table, -
    • against serial number 1, -
    • in column (2), for the entry, the following entry shall be substituted, namely: -
      “Public funded research institution or a University or an Indian Institute of Technology or Indian Institute of Science, Bangalore or a Regional Engineering College, other than a hospital”;
  • in column (4), for the words “Department of Scientific and Research”, the words “Department of Scientific and Industrial Research”, shall be substituted;
    • against serial numbers 2 and 4, in column (4), for the words “Department of Scientific and Research”, the words “Department of Scientific and Industrial Research”, shall be substituted.
    • after the Table, the existing Explanation shall be numbered as Explanation 1 thereof and after Explanation 1 as so numbered, the following Explanation shall be inserted, namely: -

Explanation 2. - For the the purposes of this notification, exemption would be in line with the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 51/96- Customs, dated the 23rd July, 1996, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 303(E), dated the 23rd July, 1996 and is applicable with effect from the 15th November, 2017.”.

(Ruchi Bisht)
Under Secretary to the
Government of India

Note: The principal notification No. 45/2017- Union Territory Tax (Rate), dated the 14th November, 2017 was published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i), vide number G.S.R. 1401(E), dated the 14th November, 2017.


📚 Frequently Asked Questions (FAQs): Notification No. 09/2018 – Union Territory Tax (Rate)

Q1: What is Notification No. 09/2018 - Union Territory Tax (Rate)?

Answer:
It amends Notification 45/2017 regarding GST exemption for research institutions 9.

Q2: Which institutions are covered?

Answer:
Public funded research institutions, Universities, IITs, IISc Bangalore, Regional Engineering Colleges (excluding hospitals).

Q3: What department name was corrected?

Answer:
“Department of Scientific and Industrial Research” replaced earlier incorrect reference 9.

Q4: What is Explanation 2 about?

Answer:
Exemption aligns with Customs Notification 51/96 and applies from 15.11.2017.

Q5: Is this exemption automatic?

Answer:
No, institutions must meet prescribed conditions and certifications.

Q6: Does this apply to private colleges?

Answer:
Only if they qualify as public funded research institutions.

Q7: Is hospital covered?

Answer:
No, hospital is specifically excluded.

Q8: Is GST registration required?

Answer:
Depends on turnover and nature of supply.
👉 GST Registration support:
https://finodha.in/online-gst-registration/

Q9: Does this impact Input Tax Credit?

Answer:
Exempt supply may affect ITC eligibility.

Q10: What is effective date?

Answer:
Applicable from 15 November 2017 9.

Q11: Does this affect customs duty?

Answer:
It aligns GST exemption with Customs Notification 51/96.

Q12: Is this still valid today?

Answer:
Yes, unless amended further.

Q13: Should exempt turnover be reported in GST return?

Answer:
Yes, it must be disclosed properly.
👉 File GST returns correctly:
https://finodha.in/gst-return-filing/

Q14: Can institution claim refund if tax was paid earlier?

Answer:
Yes, subject to GST refund provisions and timelines.

Q15: Where can I read official notification?

Answer:
Refer to Gazette Notification No. 9/2018-UT Tax (Rate) dated 25 January 2018


Download PDF: Notification No. 09/2018 – Union Territory Tax (Rate)


More Information: https://taxinformation.cbic.gov.in/

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