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GST is applicable on long term lease: Goa AAR

December 1, 2018[2018] 100 128 (AAR - GOA)

GST: The applicant State Tourism Development Corporation collected amount of Rs. 25.20 crores from a hotel Myrayash in the name of onetime upfront Concession Fees for a term of 60 years for use of their property through Private Investment mode on Design, Build, Finance, Operate and Transfer (DBFOT) Basis

Held that the service provided by the applicant not fall under the criterion mentioned at Sr. No. 41 of the Notification No. 12/2017-Central Tax (Rate), dated 28-6-2017 as amended by the Notification No. 32/2017-Central Tax (Rate), dated 13-10-2017. Therefore, the applicant is not entitled for the benefits of the said notification. The activity of long term lease by the applicant is liable to levy of GST.

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