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Notification No. 23/2018 – UTGST Explained

by Shakshi Bharti | Apr 13, 2024 | GST, 2018 Notifications, Notifications, Union Territory Tax (Rate) 2018 Notifications | 0 comments

Important keyword: Notification 23/2018 UTGST clarification, 50% government ownership GST exemption, Serial No. 41 UTGST exemption, Government entity GST exemption UT, Section 8(3) UTGST explanation, Notification 12/2017 UTGST amendment,

Words: 876 Read time: 4 minutes.

[F. No.354/300/2018-TRU]
Government of India
Ministry of Finance
(Department of Revenue)

New Delhi, the 20th September, 2018

Notification No. 23/2018 - Union Territory Tax (Rate): Seeks to insert explanation in an entry in notification No. 12/2017-Union Territory Tax (Rate) by exercising powers conferred under section 8(3) of UTGST Act, 2017.

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 sub-section (3) of section 8 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017), the Central Government, on the recommendations of the Council, and on being satisfied that it is necessary so to do for the purpose of clarifying the scope and applicability of the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.12/2017- Union Territory 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. 703(E), dated the 28th June, 2017, hereby inserts the following Explanation in the said notification, in the Table, against serial number 41, in column (3), namely:-

Explanation.- For the purpose of this exemption, the Central Government, State Government or Union territory shall have 50 per cent. or more ownership in the entity directly or through an entity which is wholly owned by the Central Government, State Government or Union territory.”.

(Mohit Tewari)
Under Secretary to the
Government of India

Note: -The principal notification No. 12/2017 - Union Territory Tax(Rate) was published in the Gazette of India, Extraordinary, dated the 28th June, 2017, vide number G.S.R. 703 (E), dated the 28th June, 2017 and was last amended by notification No. 14/2018- Union Territory Tax (Rate), dated the 26th July, 2018 vide number G.S.R. 688 (E), dated the 26th July, 2018.


📚 Frequently Asked Questions (FAQs): Notification No. 23/2018 – Union Territory Tax (Rate)

Q1: What is Notification No. 23/2018 - Union Territory Tax (Rate)?

Answer:
It inserts an explanation in Serial No. 41 of Notification 12/2017 clarifying Government ownership requirement for exemption. 23

Q2: Under which section was this issued?

Answer:
Section 8(3) of the UTGST Act, 2017. 23

Q3: What is the minimum Government ownership required?

Answer:
50% or more ownership. 23

Q4: Can indirect ownership qualify?

Answer:
Yes, if through a wholly owned Government entity. 23

Q5: Does 49% Government share qualify?

Answer:
No. It must be 50% or more.

Q6: Does this apply to Central and State Government entities?

Answer:
Yes. Central Government, State Government or Union Territory ownership qualifies. 23

Q7: Is this applicable to Delhi?

Answer:
No. It applies to Union Territories without legislature.

Q8: If exemption wrongly claimed earlier, what happens?

Answer:
Department may demand tax with interest and penalty.
👉 File corrected returns here:
https://finodha.in/gst-return-filing/

Q9: Does this impact ITC eligibility?

Answer:
Yes. If exemption not available, output tax payable and ITC rules apply accordingly.

Q10: Is this a rate change?

Answer:
No. It is a clarification of eligibility for exemption.

Q11: Is Serial No. 41 a service exemption?

Answer:
Yes. It relates to exempt services under Notification 12/2017.

Q12: Does this affect Smart City SPVs?

Answer:
Yes. Many SPVs have mixed ownership. They must check 50% rule carefully.

Q13: Does this override earlier interpretations?

Answer:
Yes. It clarifies the scope and removes ambiguity. 23

Q14: Can private companies with Govt contracts claim exemption?

Answer:
No. Only entities meeting ownership criteria qualify.

Q15: How can Finodha help?

Answer:
Finodha assists with:
GST eligibility review
https://finodha.in/gst-compliance/
GST Registration
https://finodha.in/online-gst-registration/
Return Filing
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Business setup for Government entities
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🚀 Conclusion

Notification No. 23/2018 - Union Territory Tax (Rate) is a critical clarification regarding exemption eligibility under Serial No. 41 of Notification 12/2017.


Download PDF: Notification No. 23/2018 – Union Territory Tax (Rate)


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

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