CLARIFICATION ON
CERTAIN SERVICES
The Goods and Services Tax Act,
2017 came into force with effect from 1.7.2017 in India.
The Central Government has issued
clarifications on certain services based on the recommendations of 48th
GST Council meeting and the relevant circular No. 190/2/2023 is given below for
ready reference:
F. No. CBIC-190354/316/2022-TRU Section-CBEC Government of India
Ministry of Finance Department of Revenue
(Tax Research Unit)
***
Circular No. 190/2/2023
North Block, New Delhi
Dated the –13th January, 2023
To,
The Principal
Chief
Commissioners/ Chief
Commissioners/
Principal
Commissioners/ Commissioner of
Central Tax (All)
/The Principal Director Generals/ Director Generals (All)
Subject: Clarifications regarding applicability of GST on certain services –
reg.
Madam/Sir,
Representations have been received seeking clarifications on the following issues:
1. Applicability of GST on accommodation services supplied by Air Force Mess to its
personnel;
2. Applicability of GST on incentive paid by Ministry of Electronics and Information Technology (MeitY) to acquiring banks under Incentive scheme for promotion of RuPay Debit Cards and low value BHIM-UPI transactions.
The above issues have been examined by GST Council in the 48th meeting held on 17th
December, 2022. The issue -wise clarifications are given below:
2. Applicability of GST on accommodation services supplied by Air Force Mess to its personnel:
2.1
Reference has been received requesting for clarification on whether GST
is payable on
accommodation services supplied by Air Force Mess to its personnel.
2.2 All services supplied by Central Government, State Government, Union Territory or local
authority to any person other than business entities (barring a few specified services such as services of postal department, transportation of goods and passengers etc.) are exempt from GST
vide Sl. No. 6 of notification No. 12/2017 – Central Tax (Rate) dated 28.06.2017. Therefore, as recommended by the GST Council, it is hereby clarified that accommodation services provided
by
Air Force Mess and other similar messes, such as, Army mess, Navy mess, Paramilitary and Police forces mess to
their personnel or any person other than a business entity
are covered by Sl.
No.
6 of notification No.
12/2017 – Central Tax (Rate)
dated
28.06.2017 provided the services supplied by such
messes qualify to be considered as services supplied
by Central Government, State Government, Union Territory or local authority.
3. Applicability of GST on incentive paid by MeitY to acquiring banks under Incentive
scheme for promotion of RuPay Debit Cards and low value BHIM-UPI transactions:
3.1 Representations have been received requesting for clarification on whether GST is
applicable on the incentive paid by MeitY to acquiring banks under the Incentive scheme
for
promotion of RuPay Debit Cards and low value BHIM-UPI transactions.
3.2 Under the Incentive scheme for promotion of RuPay Debit Cards and low value BHIM-
UPI transactions, the Government pays the acquiring banks an incentive as a percentage of value
of
RuPay Debit card transactions and low value BHIM-UPI transactions up to Rs.2000/-.
3.3 The Payments and Settlements Systems Act, 2007 prohibits banks and system providers from charging any amount from a person making or receiving a payment through RuPay Debit
cards or BHIM-UPI.
3.4 The service supplied by the acquiring banks in the digital payment system in case of
transactions through RuPay/BHIM UPI is the same as the service that they provide in case of
transactions through any other card
or
mode of digital payment.
The only difference is that the consideration for such services, instead of being paid by the merchant or the user of the card, is
paid by the central government in the form of incentive. However, it is not a consideration paid by the central government for any service supplied by the acquiring bank to the
Central
Government. The incentive is in the nature of a subsidy directly linked to the price of the service and the same does not form part of the taxable value of the transaction in view of the provisions
of
section 2(31) and section 15 of the CGST Act, 2017.
3.5 As recommended
by
the Council, it is
hereby clarified that incentives
paid by MeitY to acquiring banks under the Incentive scheme for promotion of RuPay Debit Cards and low value BHIM-UPI transactions are in the nature of subsidy and thus not taxable.
4. Difficulties, if any, in implementation of this circular may be brought to the notice of the
Board.
Yours faithfully,
(Anna Sosa Thomas)
Technical Officer, TRU II
Email: anna.thomas@gov.in
