Page 197 - GSTL_6th August 2020_Vol 39_Part 1
P. 197

2020 ]       IN RE : CORE PROJECT ENGINEERS & CONSULTANTS PVT. LTD.  123
                       5.8  We agree with the submissions made by the jurisdictional officer,
               that the ‘pattern of renting’ in relation to usage of the property provides the con-
               text’ or ‘perspective’ in determination  of unit of  accommodation. In a hotel, a
               room constitutes ‘a unit’ whereas in a hostel, a bed may constitute ‘a unit’, as tar-
               iff is also declared accordingly. In the present case the applicant, themselves have
               mentioned that, rent is proposed to be offered to clients on per day basis for en-
               tire villa. The two different clients will  not be able to book the same villa and
               there will be no option of booking particular room of the villa. Interested clients
               need to book the entire villa. Thus, it is crystal clear that villa per say is ‘indivisi-
               ble unit’ in applicant’s business parlance, and the declared tariff is only for the
               villa as a whole. Hence, the expression “per unit” in the present case will be the
               entire villa.
                       6.  In view of the extensive deliberations as held hereinabove, we pass
               an order as follows :
                                                ORDER
                       7.  For reasons as discussed in the body of the order, the questions are
               answered thus -
                       Question 1.  What is the  meaning of  “Per  Unit” as specified under
                                   Chapter, Section or Heading-9963 under Entry No. 7 of the
                                   Notification  No.  11/2017-Central Tax (Rate), dated 28
                                   June, 2017?
                       Answer :-   In the applicant’s case the entire  Villa will be treated as
                                   “per unit” as specified under Entry No. 7 of the Notifica-
                                   tion No. 11/2017-C.T. (Rate), dated 28-6-2017.

                                                _______

                        2020 (39) G.S.T.L. 123 (A.A.R. - GST - Mah.)
                   BEFORE THE AUTHORITY FOR ADVANCE RULING UNDER GST,
                                           MAHARASHTRA
                  Ms. P. Vinitha Sekhar, Member (Central Tax) and Shri A.A. Chahure,
                                          Member (State Tax)
                                                IN RE : CORE PROJECT ENGINEERS & CONSULTANTS PVT. LTD.
                   IN RE : CORE PROJECT ENGINEERS & CONSULTANTS
                                             PVT. LTD.
                                                IN RE : CORE PROJECT ENGINEERS & CONSULTANTS PVT. LTD.
                       Order No. GST-ARA-32/2019-20/B-35-Mumbai, dated 17-3-2020
                                          in Application No. 32
                       Mapping services - Applicant doing map making activity to identify
               unpermitted construction areas and helps the Government or local authority to
               do Town Planning, Urban Planning  & Control  the Land use  by the general
               public,  etc. -  Services of applicant are  ‘pure  services’  covered under Article
               243W of Constitution of India, as functions entrusted to Municipality and ex-
               empt as per Sl. No. 3 of Notification No. 12/2017-C.T. (Rate) as amended. [paras
               5.7, 5.8, 5.9]
                                                             Ruling in favour of assessee

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