Page 146 - GSTL_13th August 2020_Vol 39_Part 2

232 GST LAW TIMES [ Vol. 39
(a) The said noitification was issued on dated 29-3-2019 and it
clearly mentions that it will be applicable for upfront amount
payable on or after 1-4-2019 but in the instant case the
amount of Rs. 15,86,57,105/- was deposited by the applicant
during the month of Feb., 2019 which is prior to the applica-
ble date 1-4-2019 of the said Notification.
(b) Further, as discussed in the para 9 above the ‘Time of Supply
of Services’ in cases of RCM viz. Section 13(3) of GST Act,
2017, which is applicable to applicant in the instant case is
“Feb., 2019” and as the applicant has deposited the lease
premium in “Feb., 2019” the GST liability, Time of Supply of
Service and Point of taxation are applicable in Feb., 2019.
Thus, the said Notification is not applicable in the instant
case.
Thus, we find that the contention made by the applicant regarding
applicability of Serial No. 41B of Notification 12/2017-C.T. (R), dat-
ed 28-6-2017 (as amended) is not tenable.
(14) Whereas, the applicant has also made a contention for applicability
of Serial No. 41 of Notification 12/2017-C.T. (R), dated 28-6-2017 (as
amended) read with Circular No. 101/20/2019-GST, dated 30-4-
2019. The relevant entry of the Notification is reproduced here -

Sl. Chapter, Description of Services Rate Con-
No. Section, (per dition
Heading, cent.)
Group or
Service
Code
(Tariff)
41 Heading “Upfront amount (called as premium, NIL NIL
9972 salami, cost, price, development
charges or by any other name) paya-
ble in respect of service by way of
granting of long term lease (of thirty
years, or more) of industrial plots or
plots for development of infrastruc-
ture for financial business, provided
by the State Government Industrial
Development Corporations or Under-
takings or by any other entity having
20 per cent, or more ownership of
Central Government, State Govern-
ment, Union territory to the industrial
units or the developers in any indus-
trial or financial business area.”

We find four essential conditions as discussed below :-
- service by way of granting of long term lease (of thirty years,
or more);
GST LAW TIMES  13th August 2020  146