State which of the following supply of service is a taxable service or exempt service for the financial year 2023-24, with reference to the provisions of CGST Act, 2017. (i) ABC Pvt. Ltd sold a division engaged in manufa

CS Executive · Tax Laws and Practice · PYQS · June 2024
State which of the following supply of service is a taxable service or exempt service for the financial year 2023-24, with reference to the provisions of CGST Act, 2017. (i) ABC Pvt. Ltd sold a division engaged in manufacture of cement as a going concern to XYZ Pvt. Ltd for ₹ 50 lakh on slump sale basis. (ii) Moon Pvt. Ltd paid ₹ 50,000 to Pandit for conducting Diwali pooja in the factory premises. (iii) Ajay Enterprises paid ₹ 2,00,000 to Kongu Incubate for the services rendered by it. The total turnover of Kongu Incubate was ₹ 93 lakh during the financial year 2022-23 and the agreement between the parties was entered into on 01.08.2021. (iv) Mahesh & Co availed services of Rishi & Co for fumigation in its warehouse (where it has stored agricultural produce) and paid ₹ 3 lakh during the financial year 2023-24. (v) Larry Ltd engaged an artist for performance in folk art theatre performance on the occasion of its founder's day celebration and paid ₹ 1.85 lakh as consideration to the artist group by name 'Megha Theatres'.

Answer & Explanation:

Determination of taxable or exempt supply S. No. Particulars (i) As per Notification No. 12/2017 dated 28th June, 2017 services by way of transfer of division as a going concern, as a whole or independent part is exempt from GST. (ii) Service rendered by person by way of conducting any religious ceremony is exempted service as per Notification No. 12/2017. (iii) Services provided by incubate is exempt if: its total turnover had not exceeded ₹ 50 lakhs during preceding financial year; and a period of 3 years has not been elapsed from the date of entering in to an agreement as an incubate. In the present case, since the turnover of the incubate exceeds ₹ 50 lakhs in the previous financial year, it would not satisfy the first condition, it is not exempt from GST. (iv) Service by way of fumigation in a warehouse of agricultural produce is taxable under GST. Earlier it used to be exempt but after amendment in Notification No.12/2017, it has become a taxable service. (v) Services by an artist by way of a performance in folk or classical art forms of theatre is not liable for GST if the consideration is not more than ₹ 1,50,000. In this case, the amount paid is more than the monetary limit of ₹ 1,50,000, hence it is not exempt from GST.

Topics: GST Laws

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