+91-8512-022-044 help@finodha.in

Claim your TDS Refund before it EXPIRE in

Day(s)

:

Hour(s)

:

Minute(s)

:

Second(s)

ITR Filing Starts Only

GST Return Filing Starts Only

Want to File ITR, GST Returns & Pvt. Ltd. Registration

Notification No. 17/2018 – Integrated Tax (Rate) Explained

by Shakshi Bharti | Apr 8, 2024 | GST, 2018 Notifications, Integrated Tax (Rate) 2018 Notifications, Notifications | 0 comments

Important Keyword: Notification 17/2018 IGST, amendment to 11/2017 IGST, Article 243W GST, municipal services GST exemption, Section 7(2) CGST clarification, IGST government services notification,

Words: 831 Read time: 4 minutes.

[F. No.354/13/2018 -TRU]
Government of India
Ministry of Finance
(Department of Revenue)

New Delhi, the 26th July, 2018

Notification No. 17/2018 - Integrated Tax (Rate): Seeks to amend notification No. 11/2017- Integrated Tax (Rate) to notify that services by way of any activity in relation to a function entrusted to a municipality under Article 243W shall be treated neither as a supply of good nor a service.

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

G.S.R......(E).- In exercise of the powers conferred by clause (i) of section 20 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017) read with sub-section (2) of section 7 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.11/2017- Integrated Tax (Rate), dated the 28th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 686(E), dated the 28th June, 2017, namely:-

In the said notification, in the first paragraph,-

  • after the words “State Government”, the words “or Union territory” shall be inserted;
  • after the word “Constitution”, the words “or to a Municipality under article 243W of the Constitution” shall be inserted.

2. This notification shall come into force with effect from 27th of July, 2018.

(Gunjan Kumar Verma)
Under Secretary to the
Government of India

Note: -The principal notification No. 11/2017 - Integrated Tax (Rate), dated the 28th June, 2017 was published in the Gazette of India, Extraordinary, vide number G.S.R. 686 (E), dated the 28th June, 2017.


📚 Frequently Asked Questions (FAQs): Notification No. 17/2018 – Integrated Tax (Rate)

Q1: What is Notification No. 17/2018 – Integrated Tax (Rate)?

Answer:
It clarifies that services relating to municipal functions under Article 243W are neither supply of goods nor services under IGST. 17

Q2: From when is this applicable?

Answer:
Effective from 27 July 2018. 17

Q3: Does this mean all municipal services are GST free?

Answer:
Only those relating to functions entrusted under Article 243W.

Q4: Is garbage collection taxable?

Answer:
If done as municipal function under Article 243W, it is outside GST scope.

Q5: What about water supply by municipality?

Answer:
Covered as municipal function; generally outside GST.

Q6: Does this affect private contractors?

Answer:
If contractor provides service to municipality for such function, GST implications depend on contract structure.

Q7: Under which law was this issued?

Answer:
Section 20 of IGST Act read with Section 7(2) of CGST Act. 17

Q8: Is this an exemption notification?

Answer:
No. It treats such activities as neither supply of goods nor services.

Q9: Does ITC apply on such activities?

Answer:
Generally, if activity is outside GST, ITC may not be available.

Q10: Is Union Territory included?

Answer:
Yes, the amendment inserted “or Union territory”. 17

Q11: Does this apply to Panchayats?

Answer:
Panchayat-related functions are covered separately under Article 243G.

Q12: What if municipality engages in commercial activity?

Answer:
Commercial activity may attract GST.

Q13: Should such transactions be shown in GST return?

Answer:
Depending on nature, they may be shown as non-GST supply.

Q14: How to verify whether activity falls under Article 243W?

Answer:
Refer to Twelfth Schedule of Constitution and relevant municipal laws.

Q15: Where can I get GST advisory?

Answer:
Consult Finodha GST Experts:
https://finodha.in/gst-compliance/

🏁 Conclusion

Notification No. 17/2018 – Integrated Tax (Rate) brought clarity by ensuring that core municipal functions under Article 243W are treated as neither supply of goods nor services under GST.


Download PDF: Notification No. 17/2018 – Integrated Tax (Rate)


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

Read more interesting articles: