Sarfaraj Ansari: GST Exemption: List of Items GOODS and Services exempted under GST

GST Exemption: List of Items GOODS and Services exempted under GST

In this Article we are going to explain the exemptions from GST. In order to determine the liability of tax on any supply of Goods or Services falling under the scope of charging section of GST, it is important to identify whether such supply of Goods or Services are exempt from tax.

Exempt from tax refers to the supplies which attracts the “Nil rate of Tax” or which may be wholly exempt from tax and also includes non – taxable supply.

Section II of the CGST Act and Section 6 of the IGST Act, gives the power to grant exemption from GST as well as the State Act consists the similar provisions relating to granting power to exempt SGST.

Under the previous Indirect Taxation regime, taxpayers were enjoying large tax exemptions which are now limited under GST.

The Central or State Government are empowered to grant exemption to the Goods or Services from tax either absolute or conditional, which should be in the public interest on recommendation from the council by way of issue of notification.

Under the previous Indirect Taxation regime, taxpayers were enjoying large tax exemptions which are now limited under GST.

List of Services exempt from GST

Exemptions from GST (Health Care Services)

1. Health care services provided by clinical establishments or medical practitioner or paramedics are exempted under GST

2. Services provided by way of transportation of patients in an ambulance, other than covered in (a).

3. Services provided by cord blood banks by way of preservation of stem cellsor any other services in relation to such preservation.

4. Services provided by operators of the common bio-medical waste treatment facility to a clinical establishment by way of treatment of disposal of bio-medical waste or the processes incidental thereto.

5. Services provided by Veterinary clinic in relation to health care of animals or birds.

Charitable and Religious Sector Exemptions from GST

1. Services by an entity registered under Section 12AA of the Income Tax Act, 1961 by way of Charitable activities.

2. Religious activities by way of –

(a) Conduct of Religious ceremony

(b) Renting of precincts of religious place meant for general public, owned or managed by an entity registered as a charitable or religious trust either under sec 12AA of the Income Tax act, 1961 or a Trust or an institution registered under sec 10(23C)(v) or a body or authority covered under sec 10(23BBA) of the Income Tax Act subject to some exceptions.

(c) Services provided by a specified organisation in respect of a religious pilgrimage facilitated by the Ministry of the External Affairs of the Govt of India. (Kailash Mansarovar and Haj Pilgrimage)

Exemptions from GST in Legal Sector

1. Services provided by an arbitral tribunal to any person other than a business entity or a business entity with an aggregate turnover upto 20 lakh rupees (10 lakh in special category states) in the preceding F.Y.

2. Services provided by a partnership firm of advocates or Individual as an advocate other than senior advocate by way of legal services to –

> An advocate or partnership firm of advocates providing legal services,

> Any person other than a business entity or

> A business entity with an aggregate turnover of Rs 20 Lakh rupees (10 Lakh in special category states) in the preceding F.Y.

3. A senior advocate by way of legal services to any person other than business entity or business entity with an aggregate turnover upto 20 lakh (10 Lakhs rupees in the case of special category states) in the preceding F.Y.

Exemptions related to Agriculture Services

1. Agriculture services which are exempt under GST are as follows –

(a) Cultivation of Plants

(b) Rearing of all life-forms of animals, for food, fibre, fuel, raw material, or other similar products

2. Or Agriculture produce by way of –

(a) Agricultural operations directly related to production of any agricultural produce including cultivation, harvesting, threshing, plant protection or testing.

(b) Supply of farm labour.

(c) Process carried out at an agriculture farm including tending, pruning, cutting, harvesting, drying, cleansing, trimming, sun drying, fumigating, curing, sorting, grading, cooling or bulk packaging and such like operations which do not alter essential characteristics of agricultural produce but make it only marketable for the primary market.

(d) Renting or Leasing of agro machinery or vacant land with or without a structure incidental to its use.

(e) Loading, Unloading, Packing, Storage or Warehousing of agriculture produce.

(f) Agricultural extension services i.e. research services.

(g) Services by any agricultural produce marketing committee or board of services provided by commission agent for sale or purchase of agricultural produce.

3. Services by way of Loading, unloading, packing, storage or warehousing of rice.

4. Services by way of Pre – conditioning, pre – cooling, Ripening, waxing, retail packing, labelling of fruits and vegetables which do not change or alter the essential characteristics of the said fruits or vegetables.

5. Carrying out an Intermediate Production process as job work in relation to cultivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material, or other similar products or agriculture produce.

Exemptions from Transport Sector

1. Services of transportation of passengers, with or without accompanied belongings by –

(a) Railway in a class other than First Class or Air Conditioned coach.

(b) Metro, Monorail or Tramway,

(c) Inland Waterways

(d) Public Transport other than predominantly for tourism purpose, in a vessel (e)between places located India; and

(f) Metered Cabs or Auto Rickshaws

2. Transport of Passengers with or without accompanied belongings by –

(a) Air Embarking from or terminating in an airport located in the state of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, or Tripura or at Bagdogra located in West Bengal.

(b) Non – AC coach carriage other than radio taxi, for transportation of passengers, excluding tourism, conducted tour, charter or hire or

Transportation of Goods Exemptions from GST

1. Services related to transportation of goods by road are exempt from tax except the services of GTA (Goods Transport Agency) or Courier Agency.

2. Services related to transportation by way of inland waterways.

3. Services by way of transportation of goods by an aircraft from a place outside India upto a custom station of clearance in India.

4. Transportation in relation of following goods by Rail, Vessel & GTA are –

(a)Agricultural Produce

(b)Milk, Salt and Food Grain, including floor, pulses, and rice

(c)Organic Manure

(d)Newspapers or Magazines registered with the registrar of Newspapers.

(e)Relief Material meant for the victims of natural or man-made disasters, calamities, accidents or mishap.

(f) Defence or military equipments.

5. Transportation services by a Goods Transport Agency in relation to the following goods are exempt from the tax –

(a)Goods where consideration charged for the transportation of goods on a consignment transported in a single carriage does not exceed one thousand five hundred rupees. or

(b)Goods, where consideration charged for transportation of all such goodsfor a single consignee does not exceed rupees seven hundred and fifty.

6. Services provided by GTA to an unregistered Person including an unregistered casual taxable person, other than the following recipients, namely –

(a) Any factory registered under or governed by the Factories Act, 1948.

(b) Any society registered under the Societies Registration Act, 1860 or under any other law for the time being in force in any part of India.

(d) Any body corporate established, by or under any law for the time being in force.

(e) Any partnership firm whether registered or not under any law including association of persons.

(f) Any casual taxable person registered under the Central Goods and Service Tax Act, or the Integrated Goods and Service Tax act or the State Goods and Service Tax Act or the Union Territory Goods and Service Tax Act.

Exemptions from GST relating to Renting of Immovable Property

Services by way of renting of residential dwelling for use as residence.
Services by way of a Hotel, inn, guest house, club or campsite by whatever name called for residential or loding purposes, having declared tariff of a unit of accommodation below Rs 1000/- per day or equivalent.

Exempted from GST related to Entertainment Sector

Services by an artist by way of performance in folk or classical art forms ofMusic, dance or theater if the consideration charged for such performance is not more than Rs 1,50,000 (Exemption not applicable to services provided by Brand Ambassador).
Services by way of right to admission to –
- Circus, dance or theatrical performance including drama or ballet,
- Award function, concert, pageant, musical performance or any sporting event other than recognised sporting event.

Where the consideration for admission is not more than Rs 250/- per person.

Services by way of admission to a museum, national park, wildlife sanctuary, or tiger reserve or zoo.
Services by way of training or coaching in recreational activities relating to –
- Arts or Culture, or
- Sports by Charitable entities registered under sec 12AA of the Income Tax Act.

Exemptions Related to Banking and Financial Sector

Services by way of –
- Extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount (other than interest in credit card services).
- Inter se sale or purchase of foreign currency amongst banks or authorised dealers of foreign exchange or amongst banks and such dealers.
Services by an acquiring bank, to any person in relation to settlement of an amount upto two thousand rupees in a single transaction transacted through credit card, debit card or charge card or other payment card service.

Education and Training Sector Exemptions from GST

Services provided by an educational institute to its students, faculty and staff.
Services provided to an educational institute by way of –
- Transportation of students, faculty and staff
- Catering including any mid day meals scheme sponsored by the Central Govt., State Govt., or Union Territory.
- Security or Cleaning or house-keeping services performed in such educational institution.
- Services relating to admission to, or conduct of examination by such institution; upto higher secondary.

Exemptions relating to Services Provided by Sportsman to Recognised Sports Body

Services provided to a recognised sports body by –
- An individual as a player, referee, umpire, coach, or team manager for participation in a sporting event organized by a recognised sports body.
- Another recognised sports body.
Services provided by and to FIFA (Federation Internationale de Football Association) and its subsidiaries directly or indirectly related to any of the events under FIFA U-17 World Cup 17 hosted in India.
Services by way of right to admission to the events organised under FIFA U-17 World Cup 2017.
Services by way of sponsorship of certain sporting events organised by prescribed bodies.

Exemptions from GST in Government Sector

Services by way of access to a road or bridge on payment of toll charges
Services by way of access to a road or a bridge on payment of annuity.
Services provided by Reserve Bank of India. (Services to RBI is taxable).
Services by a Foreign Diplomatic Mission located in India.

Exemptions from Services Provided by Government

Services provided by the Central Govt. or the State Govt. or Union territory or Local authority excluding the following services –
- Services provided by Department of Posts by way of speed post, express parcel post, life insurance, and agency services provided to a person other than CG, SG or Union territory.
- Services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport.
- Transport of goods or passengers or
- Any service other than the services covered under entries above, provided to any business entity.
Services by a CG, SG, Union Territory, Local Authority or Governmental Authority by way of any activity in relation to any function entrusted to a Panchayat.
Services provided by CG, SG, Union Territory or Local Authority to a business entity with an aggregate turnover of upto twenty lakh rupees (ten lakh rupees in special category state) in preceding F.Y.
Services provided by CG, SG, Union Territory or a local authority where the consideration for such services does not exceed Five thousand Rupees.
Services provided by CG, SG, Union territory, or local authority by way ofregistration or certification as prescribed.
Services provided by CG, SG, Union territory, or local authority by way of issuance of passport, Visa, driving license, birth certificate or death certificate.
Services provided by CG, SG, Union territory, or local authority by way of allowing a business entity to operate as a telecom service provider or use radio frequency spectrum prior to April 2016.
Services provided by CG, SG, Union territory, or local authority by way of assignment of right to use natural resources to an individual farmer for prescribed activities.
Services provided by CG, SG, Union territory, or local authority by way of assignment of right to use any natural resources where such right to use any natural resource was assigned before 1st April 2016.
Services provided by Govt. entity to CG, SG, Union Territory, Local Authority or ay person specified by CG, SG, Union territory or Local Authority against consideration received from CG, SG, Union territory or Local Authority.
Services provided by CG, SG, Union territory, or Local Authority to another CG, SG, Union territory or Local Authority.
Services provided by CG, SG, Union territory by way of MOT charges on Import / Export.
Services provided by the CG, SG, Union territory or Local Authority by way of tolerating non-performance of a contract for which consideration in the form of fines or liquidated damages are payable.

Exempted Services Provided to Government

Services provided by Fair Price Shops to CG by way of sale of wheat, rice and coarse grains under the Public Distribution System (PDS) against consideration in the form of commission or margin.
Services provided by Fair Price Shops to SG or Union territory by way of sale of Kerosene, Sugar, Edible Oil, etc under Public Distribution System against consideration in the form of commission or margin.
Services provided by the GSTN (Goods and Service Tax Network) to the Central Govt. or Union territory for implementation of GST.
Services provided to Govt. of article 243G in relation to any function entrusted to a Panchayat or article 243W to Municipality.
Services provided to the CG, SG, Union territory under any insurance schemefor which total premium is paid by the CG, SG or Union territory.
Services provided to the CG, SG, Union territory under any training programmefor which total expenditure is borne by the CG, SG, Union territory administration.
Services provided to the CG by way of transport of passengers with or without accompanied belongings, by air, embarking from or terminating at a regional connectivity scheme airport, against consideration in the form of viability gap funding.

Other Government Sector

Services provided by Employees State Insurance Corporation to persons governed under the Employees State Insurance Act, 1948.
Services provided by the Employees Provident Fund Organisation to the persons governed under the Employees Provident Fund.
Services provided by IRDA to the insurers under the IRDA of India Act, 1999.
Services provided by SEBI set up under the SEBI Act, 1992 by way of protecting the interest of investors in securities to promote the development of and to regulate the securities market.
Services by way of collection of contribution under any pension scheme of the State Governments.
Services of leasing of assets by Indian Railways.
Services provided by the National Centre for Cold Chain Development under the Ministry of Agriculture, Cooperation and Farmers welfare.
Services by way of giving on hire to a state transport undertaking, a motor vehicle meant to carry more than twelve passengers or to a goods transport agency, a means of transportation of goods.
Services by State Government Industrial Development Corporations.
Transmission or distribution of electricity by an electricity transmission or distribution utility.
Services by way of contribution under the Atal Pension Yojana.
Services by way of assessment under the Skill Development Initiative Scheme.
Training services under Deen Dayal Upadhyaya Grameen Kaushalya Yojana.
Services provided by the incubatee up to a total turnover of fifty lakh rupees in a F.Y. subject to the below mentioned conditions –
- The total turnover has not exceeded 50 lakh rupees during the preceding F.Y. and
- A period of 3 years has not elapsed from the date of entering into an agreement as an incubatee.

Exemptions from GST in Construction Sector

Services provided by way of pure labour contracts of Construction, Erection, Commissioning, installation, completion, fitting out, repair maintenance, renovation or alteration of –
- Civil Structure or
- Any other original works

Pertaining to the beneficiary-led individual house construction or enhancement under the Housing for All (Urban) Mission or Pradhan Mantri Awas Yojana.

Services of pure labour contracts of construction, erection, commissioning, installation of original work pertaining to a single residential unit otherwise than as a part of a residential complex.

Exemptions in Life / General Insurance Sector

Services of Life insurance business provided by way of annuity under the National Pension System regulated by the Pension Fund Regulatory and Development Authority of India under the Pension Fund Regulatory and Development Authority Act, 2013.
Services of Life insurance business provided or agreed to be provided by the Army, Naval and Air Force Group Insurance Funds to members of the Army, Navy and Air Force respectively under the Group Insurance Scheme of the Central Government.
Services of General Insurance Business under the prescribed schemes.
Services of Life Insurance Business under the prescribed schemes.

Exemption to SEZ

Exemption for goods or services or both imported by a unit or a developer in the Special Economic Zone from the whole of the integrated tax leviable thereon under sub section (7) of section 3 of the Customs tariff Act, 1975 for authorised operations.

(For the goods imported under SEZ, no IGST or Custom Duty will be levied on such).

Exemption for the Services wherein Location of service provider is in a non-taxable territory

Services received by a person from the service provider located in a Non-taxable territory by –

The CG, SG, Union territory, a Local Authority, a Governmental Authority, a commerce, industry or any other business or profession.
An entity registered under section 12AA of the Income Tax Act, 1961 (43 of 1961) for the purpose of providing charitable activities or
A person located in a Non-taxable territory but with below mention exceptions :-
- Online information and database access or retrieval services by persons specified in above two entries.
- Services by way of transportation of goods by a vessel from a place outside India upto the custom station in India received by persons specified in the entry.

Exemption received by RBI from outside India

Services received by RBI from outside India in relation to management of foreign exchange services.

Services Provided by Tour Operator

Services provided by a tour operator to a foreign tourist in relation to a tour conducted wholly outside India.

Other Goods and Services covered under Exemption from GST

Services by way of transfer of Going Concern as a whole or an independent part thereof.
Services by an organiser to any person in respect of a business exhibition held outside India.
Services by an unincorporated body or Non Profit Entity registered under any law for the time being in force, or to its own members by way of reimbursement of charges or share of contribution –
- As a trade union
- For the provision of carrying out any activities which is exempt from the levy of Goods and Service Tax or
- Upto an amount of 5000 rupees p.m. per member for sourcing of Goods or Service from a third person for the common use of its members in a housing society or a residential complex.
Services provided by the IIM (Indian Institute of Management) as per the guidelines of CG to their studies by way of prescribed educational programs.
Intermediary services by the following persons in respective capacities –
- Business facilitator or Business Correspondent to a banking company with respect to accounts in its rural areas branch.
- Any person as an intermediary to a business facilitator or a business correspondent with respect to services mentioned in above entry. Or
- Business facilitator or business correspondent to an insurance company in a rural area.
Services provided by Biotechnology Industry Research Assistance Council.
Services by way of collecting or providing news by an independent journalist, press trust of India or United News of India.
Services of Public Libraries by way of lending of books, publications or any other knowledge enhancing content or material.
Slaughtering of Animals services.
Services by way of public conveniences such as provision of facilities of bathroom, washroom, lavatories, urinal or toilets.
Supply of services associated with cargo to Nepal and Bhutan (landlocked countries).
Exemption from Intra state supply of heavy water and nuclear fuels by the Department of Atomic Energy to the NPCIL from the entire central tax under sec 9 of the Central Goods and Service Tax Act, 2017

Sarfaraj Ansari

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Monday 16 April 2018