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July 15, 2022

Rate Notification Recommended by GST Council

by CA Shivam Jaiswal in GST

Rate Notification Recommended by GST Council

GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 03/2022- Central Tax (Rate)

New Delhi, the 13th July, 2022

G.S.R……(E).- In exercise of the powers conferred by sub-section (1), sub-section (3) and sub-
section (4) of section 9, sub-section (1) of section 11, sub-section (5) of section 15, sub-section (1)

of section 16 and section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the
Central Government, on being satisfied that it is necessary in the public interest so to do, on the
recommendations of the Council, hereby makes the following further amendments in the
notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.
11/2017-Central 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. 690(E), dated the 28th June,
2017, namely:-
In the said notification, –
(A) in the Table, –
(I) against serial number 3, in column (3), –
(a) items (iii), (iv), (v), (va), (vi) and (ix) and the corresponding entries relating
thereto in columns (4) and (5) shall be omitted;
(b) against items (vii) and (x), for the entry in column (4), the entry “6” shall be
substituted;
(c) in item (xii), for the brackets and figures “(iii), (iv), (v), (va), (vi), (vii), (viii),
(ix)”, the brackets and figures “(vii), (viii),” shall be substituted

(II) against serial number 7, in column (3), in item (i), the words “above one thousand
rupees but” shall be omitted;

(III) against serial number 8, in column (3), –
(a) after item (vi) and the corresponding entries relating thereto in columns (4) and (5),
the following shall be inserted, namely: –

345
“(via) Transport of passengers, with or without accompanied belongings, by ropeways.  2.5The credit of input tax charged on goods used in supplying the service has not been taken. [Please refer to Explanation no. (iv)]”;  

(b) for item (vii) and the corresponding entries relating thereto in columns (4) and (5),
the following shall be substituted, namely: –

34 5
“(vii) Passenger transport services other than (i), (ii), (iii), (iv), (iva), (v), (vi) and (via) above.  9The credit of input tax charged on goods used in supplying the service has not been taken.[Please refer to Explanation no. (iv)]”;  

(IV) against serial number 9, in column (3), –
(a) for item (iii) and the corresponding entries relating thereto in columns (4) and (5),
the following shall be substituted, namely: –

345
“(iii) Services of Goods Transport Agency (GTA) in relation to transportation of goods (including used house hold goods for personal use) supplied by a GTA where
  (a) GTA does not exercise the option to itself pay GST on the services supplied by it;  
2.5The credit of input tax charged on goods used in supplying the service has not been taken.[Please refer to Explanation no. (iv)]”;  
(b) GTA exercises the
option to itself pay GST on
services supplied by it.
2.5


or



6
(1) In respect of supplies on which
GTA pays tax at the rate of 2.5%,
GTA shall not take credit of input
tax charged on goods and services
used in supplying the service.
[Please refer to Explanation no.
(iv)]
(2) The option by GTA to itself
pay GST on the services supplied
by it during a Financial Year shall
be exercised by making a
declaration in Annexure V on or
before the 15th March of the
preceding Financial Year:
Provided that the option for the
Financial Year 2022-2023 shall be
exercised on or before the 16th
August, 2022:
Provided further that invoice for
supply of the service charging
Central tax at the rates as
applicable to clause (b) may be
issued during the period from the
18th July,2022 to 16th August, 2022
before exercising the option for the
financial year 2022-2023 but in
such a case the supplier shall
exercise the option to pay GST on
its supplies on or before the 16th
August,2022.”;

(b) after item (vi) and the corresponding entries relating thereto in columns (4) and (5),
the following shall be inserted, namely: –

345
“(via) Transport of goods by ropeways.  9 The credit of input tax charged on goods used in supplying the service has not been taken.[Please refer to Explanation no. (iv)]”;  

(c) for item (vii) and the corresponding entries relating thereto in columns (4) and (5),

the following shall be substituted, namely: –

345
“(vii) Goods transport services other than (i), (ii), (iii), (iv), (v), (vi) and (via) above.  9The credit of input tax charged on goods used in supplying the service has not been taken.[Please refer to Explanation no. (iv)]”;  

(V) against serial number 10, in column (3), –

(a) after item (i) and the corresponding entries relating thereto in columns (4) and (5),

the following shall be inserted, namely: –

345
  “(ia) Renting of goods carriage where the cost of fuel is included in the consideration charged from the service recipient.  9The credit of input tax charged on goods used in supplying the service has not been taken.[Please refer to Explanation no. (iv)]”;  

(b) in item (iii), after the brackets and figure “(i)”, the brackets and figures “, (ia)” shall be inserted;

(VI) against serial number 11, in column (3), for items (i) and (ii) and the corresponding
entries relating thereto in columns (4) and (5), the following shall be substituted, namely:-

345
“Supporting services in transport. Explanation: This entry does not include goods transport service involving Goods Transport Agency (GTA) service, which falls under Heading 9965.    9The credit of input tax charged on goods used in supplying the service has not been taken.[Please refer to Explanation no. (iv)]”;  

(VII) against serial number 15, in column (3), –
(a)item (i) and the corresponding entries relating thereto in columns (4) and (5)
shall be omitted;


(b) in item (vii), the brackets and figures “(i),” shall be omitted;
(VIII) against serial number 26, in column (3), in item (i), sub-items (e), (ea) and (h) shall
be omitted;
(IX) after serial number 31 and the entries relating thereto, the following serial number and
entries shall be inserted, namely: –

12345
31AHeading 9993  Services provided by a clinical establishment by way of providing room [other than Intensive Care Unit (ICU)/Critical Care Unit (CCU)/Intensive Cardiac Care Unit (ICCU)/Neo natal Intensive Care Unit (NICU)] having room charges exceeding Rs. 5000 per day to a person receiving health care services.  2.5The credit of input tax charged on goods and services used in supplying the service has not been taken [Please refer to Explanation no. (iv)]”;  

(X) against serial number 32, in column (3), –

(a) after item (i) and the corresponding entries relating thereto in columns (4) and
(5), the following shall be inserted, namely: –

345
“(ia) Services by way of treatment or disposal of biomedical waste or the processes incidental thereto by a common bio-medical waste treatment facility to a clinical establishment.    6The credit of input tax charged on goods used in supplying the service has not been taken.[Please refer to Explanation no. (iv)]”;  

(b) in item (ii), after the brackets and figures “(i)”, the word, brackets and figure
“and (ia)” shall be inserted;

in paragraph 4, relating to Explanation, after clause (xxxvi), the following clauses shall be
inserted, namely: –
“(xxxvii) ‘print media’ means, —
(i) ‘book’ as defined in sub-section (1) of section 1 of the Press and Registration of
Books Act, 1867 (25 of 1867), but does not include business directories, yellow
pages and trade catalogues which are primarily meant for commercial purposes;
(ii) ‘newspaper’ as defined in sub-section (1) of section 1 of the Press and
Registration of Books Act, 1867 (25 of 1867);

(xxxviii) ‘clinical establishment’ means, –

a hospital, nursing home, clinic, sanatorium or any other institution by, whatever
name called, that offers services or facilities requiring diagnosis or treatment or
care for illness, injury, deformity, abnormality or pregnancy in any recognised
system of medicines in India, or a place established as an independent entity or a
part of an establishment to carry out diagnostic or investigative services of diseases;
(xxxix) ‘health care services’ means, –
any service by way of diagnosis or treatment or care for illness, injury, deformity,
abnormality or pregnancy in any recognised system of medicines in India and
includes services by way of transportation of the patient to and from a clinical
establishment, but does not include hair transplant or cosmetic or plastic surgery,
except when undertaken to restore or to reconstruct anatomy or functions of body
affected due to congenital defects, developmental abnormalities, injury or trauma;

(xxxx) ‘goods transport agency’ means, –
any person who provides service in relation to transport of goods by road and issues
consignment note, by whatever name called.”;

(C) After Annexure IV, following annexure shall be inserted, namely: –

“Annexure V

FORM

Form for exercising the option by a Goods Transport Agency (GTA) for payment of GST on
the GTA services supplied by him under forward charge before the commencement of any
financial year to be submitted before the jurisdictional GST Authority.
Reference No.-
Date: –

  1. I/We______________ (name of Person), authorised representative of
    M/s……………………. have taken registration/have applied for registration and do
    hereby undertake to pay GST on the GTA services in relation to transportation of goods
    supplied by us during the financial year……………under forward charge in accordance
    with section 9(1) of the CGST Act, 2017 and to comply with all the provisions of the CGST
    Act, 2017 as they apply to a person liable for paying the tax in relation to supply of any
    goods or services or both;
  2. I understand that this option once exercised shall not be allowed to be changed within a
    period of one year from the date of exercising the option and will remain valid till the end
    of the financial year for which it is exercised.
    Legal Name: –
    GSTIN: –
    PAN No.
    Signature of Authorised representative:
    Name of Authorised Signatory:
    Full Address of GTA
Rate-Notification-3-11

Notification-15-16-CT-Dated-13.07.2022

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