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declared room tariff, rate of GST for said services will be as under : (i)
Restaurants in hotel premises having room tariff of less than ` 7,500 per
unit per day will attract GST of 5% without ITC (ii) Restaurants in hotel
premises having room tariff of ` 7,500 and above per unit per day (even
for a single room) will attract GST of 18% with full ITC — In Re : Mangaldas
Mehta and Co. Limited (A.A.R. - GST - Guj.) ........................ 140
Surrender charges for Insurance plan - Demand - Management of
Investment under Unit Linked Insurance Plan (ULIP) Service - Taxability
of surrender charges deducted from fund value, as per policy provisions
for pre-mature withdrawal from scheme - HELD : Surrender charges
permitted to be levied by Insurance Regulatory and Development
Authority (IRDA), by way of penal charges towards recovery of initial
expenses incurred by insurer in marketing and distribution of policy - As
IRDA fixed limits as to recovery, to be made from time to time from
initial cost, accordingly, IRDA permitted to recover surrender charges in
case of premature policy, so as to enable insurer to recoup cost incurred -
Substitution of clause (ii) in Explanation to Section 65(105)(zzzzf) of
Finance Act, 1994 clarifying that Service Tax leviable only on
management fee or charges either fixed by IRDA or actually levied by
insurer, whichever is higher - Explanation meant for clarifying provision
of main section and accordingly having retrospective effect - Service Tax
not leviable on surrender charges - Section 65(105)(zzzzf) of Finance Act,
1994 — Max Life Insurance Co. India Ltd. v. Commr. of C.E. & S.T., LTU, New Delhi (Tri. -
Del.) .......................................... 62
— Liability to Service Tax for period 2011-12 - See under DEMAND ........ 62
Target based monetary and non-monetary incentives, ITC not admissible -
See under INPUT TAX CREDIT (ITC) ...................... 135
Tariff declared for rooms being different, GST leviable on highest of such
tariff - See under SUPPLY ............................. 140
Taxability of surrender charges for Insurance plan - See under SURRENDER
CHARGES FOR INSURANCE PLAN ........................ 62
Technical difficulties in filing of GST TRAN-1 electronically, ambit of - See
under INPUT TAX CREDIT ............................. 24
Technical Varnish/Medium - Liquid used in printing ink of packaging
material and also sold as independent product to printing industries - As
such, ‘Technical Varnish’/‘Medium’ and ‘Printing ink’ having separate
identity and, hence, both are distinct products - “Technical
Varnishes”/“Medium” manufactured as an intermediate product and
supplied by applicant merit classification under Heading 3208 of GST
Tariff in terms of HSN Explanatory Notes which includes “Varnishes”
but excludes ‘Printing inks’ — In Re : Flint Group India Private Limited (A.A.R. -
GST - Guj.) ....................................... 128
TRAN-1 - Electronic filing of GST TRAN-1, ambit of technical difficulties -
See under INPUT TAX CREDIT ........................... 24
Transitional credit on introduction of GST, scope of - See under INPUT TAX
CREDIT ........................................ 19
Transitional provisions - Vires of Rule 117 of Central Goods and Services
Tax Rules, 2017 - See under INPUT TAX CREDIT ................. 24
Transportation charges not includible in taxable value under Mining service
- See under VALUATION (SERVICE TAX)..................... 77
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