Supplies on which tax is payable by ECO under RCM [Section 9(5) of CGST ACT]

Notification No. 17/2017 - Central...

Notification No. 17/2017 - Central Tax (Rate) dated 28-06-2017 [Supplies on which tax is payable by ECO under RCM]

Notification No. 17/2017-Central Tax (Rate) dt. 28-06-2017

In exercise of the powers conferred by section 9(5) of the CGST Act, 2017,

the Central Government, on the recommendations of the Council, hereby notifies that in case of the following categories of services, the tax on intra-State supplies shall be paid by the electronic commerce operator –

(i) services by way of transportation of passengers by a radio-taxi, motorcab, maxicab [1][, motor cycle, [2][or any other motor vehicle except omnibus]]

[3][(ia) services by way of transportation of passengers by an omnibus except where the person supplying such service through electronic commerce operator is a company.]

(ii) services by way of providing accommodation in hotels, inns, guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes, except where the person supplying such service through electronic commerce operator is liable for registration u/s 22(1) of the CGST Act.

[4][(iii) services by way of house-keeping, such as plumbing, carpentering etc, except where the person supplying such service through electronic commerce operator is liable for registration u/s 22(1) of the CGST Act.]

[5][(iv) supply of restaurant service other than the services supplied by restaurant, eating joints etc. located at specified premises.]

Explanation.- For the purposes of this notification,-

(a) “radio taxi” means a taxi including a radio cab, by whatever name called, which is in two-way radio communication with a central control office and is enabled for tracking using Global Positioning System (GPS) or General Packet Radio Service (GPRS);

(b) “maxicab”, “motorcab” [6][, motor cycle, motor vehicle and omnibus shall have the same meanings as assigned to them respectively in clauses (22), (25), (27), (28) and (29) of section 2 of the Motor Vehicle Act, 1988 (59 of 1988).]

[7][(c) specified premises means premises providing hotel accommodation service having declared tariff of any unit of accommodation above seven thousand five hundred rupees per unit per day or equivalent.]

[8][(d) “Company” has the same meaning as assigned to it in clause (20) of section 2 of the Companies Act, 2013(18 of 2013).]

 

[1] Substituted for words “and motor cycle” by Notification No. 17/2021-Central Tax (Rate) dt. 18-09-2021 wef 01-01-2022.

[2] Substituted for words “omnibus or any other motor vehicle” by Notification No. 16/2023-Central Tax (Rate) dt. 19-10-2023 wef 20-10-2023.

[3] Inserted by Notification No. 16/2023-Central Tax (Rate) dt. 19-10-2023 wef 20-10-2023.

[4] Inserted by Notification No. 23/2017-Central Tax (Rate) dt. 22-08-2017 wef 22-08-2017.

[5] Inserted by Notification No. 17/2021-Central Tax (Rate) dt. 18-09-2021 wef 01-01-2022.

[6] Substituted for words “and “motor cycle” shall have the same meanings as assigned to them respectively in clauses (22), (25) and (26) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988).” by Notification No. 17/2021-Central Tax (Rate) dt. 18-09-2021 wef 01-01-2022.

[7] Inserted by Notification No. 17/2021-Central Tax (Rate) dt. 18-09-2021 wef 01-01-2022.

[8] Inserted by Notification No. 16/2023-Central Tax (Rate) dt. 19-10-2023 wef 20-10-2023.

GST Gyaan | https://gstgyaan.in | CA Rajesh Ritolia - 9350171263

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