Circular No. 27/01/2018-CGST, (F. No. 354/107/2017-TRU), Clarifications regarding levy of GST on accommodation services, betting and gambling in casinos, horse racing, admission to cinema, homestays, printing, legal services etc. – Reg.


Circular No. 27/01/2018-GST
F. No. 354/107/2017-TRU
Government of India
Ministry of Finance
Department of Revenue
Tax research Unit
****
North Block, New Delhi
04th January 2018
To,
The Principal Chief Commissioners/ Chief Commissioners/ Principal
Commissioners/ Commissioner of Central Tax (All) /
The Principal Director Generals/ Director Generals (All)
Madam/Sir,
Subject: Clarifications regarding levy of GST on accommodation services, betting and
gambling in casinos, horse racing, admission to cinema, homestays, printing,
legal services etc. – Reg.
Representations were received from trade and industry for clarification on certain
issues regarding levy of GST on supply of services.
2. In this context, it is stated that the following clarifications, inter-alia, were published
as FAQ at http://www.cbec.gov.in/resources//htdocs-cbec/gst/om-clarification.pdf.
S.No. Questions/ Clarifications sought Clarifications
1 1. Will GST be charged on actual tariff
or declared tariff for accommodation
services?
2. What will be GST rate if cost goes
up (more than declared tariff) owing
to additional bed.
3. Where will the declared tariff be
published?
4. Same room may have different tariff
at different times depending on
season or flow of tourists as per
dynamic pricing. Which rate to be
used then?
5. If tariff changes between booking
and actual usage, which rate will be
used?
6. GST at what rate would be levied if
1. Declared or published tariff is relevant
only for determination of the tax rate
slab. GST will be payable on the actual
amount charged (transaction value).
2. GST rate would be determined
according to declared tariff for the
room, and GST at the rate so determined
would be levied on the entire amount
charged from the customer. For
example, if the declared tariff is Rs.
7000 per unit per day but the amount
charged from the customer on account
of extra bed is Rs. 8000, GST shall be
charged at 18% on Rs. 8000.
3. Tariff declared anywhere, say on the
websites through which business is
being procured or printed on tariff card
Circular No. 27/01/2018-GST
an upgrade is provided to the
customer at a lower rate?
or displayed at the reception will be the
declared tariff. In case different tariff is
declared at different places, highest of
such declared tariffs shall be the
declared tariff for the purpose of levy of
GST.
4. In case different tariff is declared for
different seasons or periods of the year,
the tariff declared for the season in
which the service of accommodation is
provided shall apply.
5. Declared tariff at the time of supply
would apply.
6. If declared tariff of the accommodation
provided by way of upgrade is Rs
10000, but amount charged is Rs 7000,
then GST would be levied @ 28% on
Rs 7000/-.
2 Vide notification No. 11/2017-Central
Tax (Rate) dated the 28th June 2017
entry 34, GST on the service of
admission into casino under Heading
9996 (Recreational, cultural and sporting
services) has been levied @ 28%. Since
the Value of supply rule has not specified
the method of determining taxable
amount in casino, Casino Operators have
been informed to collect 28% GST on
gross amount collected as admission
charge or entry fee. The method of levy
adopted needs to be clarified.
Relevant part of entry 34 of the said CGST
notification reads as under:
“Heading 9996 (Recreational, cultural and
sporting services) - …
(iii) Services by way of admission to
entertainment events or access to
amusement facilities including exhibition of
cinematograph films, theme parks, water
parks, joy rides, merry-go rounds, gocarting,
casinos, race-course, ballet, any
sporting event such as Indian Premier
League and the like. - 14%
(iv)…
(v) Gambling. - 14 %”
As is evident from the notification, “entry to
casinos” and “gambling” are two different
services, and GST is leviable at 28% on
both these services (14% CGST and 14%
SGST) on the value determined as per
section 15 of the CGST Act. Thus, GST @
28% would apply on entry to casinos as
well as on betting/ gambling services being
provided by casinos on the transaction value
of betting, i.e. the total bet value, in addition
to GST levy on any other services being
Circular No. 27/01/2018-GST
provided by the casinos (such as services by
way of supply of food/ drinks etc. at the
casinos). Betting, in pre-GST regime, was
subjected to betting tax on full bet value.
3 The provision in rate schedule
notification No. 11/2017-Central Tax
(Rate) dated the 28th June 2017 does not
clearly state the tax base to levy GST on
horse racing. This may be clarified.
GST would be leviable on the entire bet
value i.e. total of face value of any or all
bets paid into the totalisator or placed with
licensed book makers, as the case may be.
Illustration: If entire bet value is Rs. 100,
GST leviable will be Rs. 28/-.
4 1. Whether for the purpose of entries at
Sl. Nos. 34(ii) [admission to cinema]
and 7(ii)(vi)(viii) [Accommodation in
hotels, inns, etc.], of notification
11/2017-CT (Rate) dated 28th June
2017, price/ declared tariff includes
the tax component or not?
2. Whether rent on rooms provided to
in-patients is exempted? If liable to
tax, please mention the entry of
CGST Notification 11/2017-
CT(Rate)
3. What will be the rate of tax for
bakery items supplied where eating
place is attached - manufacturer for
the purpose of composition levy?
1. Price/ declared tariff does not include
taxes.
2. Room rent in hospitals is exempt.
3. Any service by way of serving of food
or drinks including by a bakery
qualifies under section 10 (1) (b) of
CGST Act and hence GST rate of
composition levy for the same would
be 5%.
5 Whether homestays providing
accommodation through an Electronic
Commerce Operator, below threshold
limit are exempt from taking
registration?
Notification No. 17/2017-Central Tax
(Rate), has been issued making ECOs liable
for payment of GST in case of
accommodation services provided in hotels,
inns guest houses or other commercial
places meant for residential or lodging
purposes provided by a person having
turnover below Rs. 20 lakhs (Rs. 10 lakhs in
special category states) per annum and thus
not required to take registration under
section 22(1) of CGST Act. Such persons,
even though they provide services through
ECO, are not required to take registration in
view of section 24(ix) of CGST Act, 2017.
6 To clarify whether supply in the
situations listed below shall be treated as
a supply of goods or supply of service: -
The supply of books shall be treated as
supply of goods as long as the supplier
owns the books and has the legal rights to
Circular No. 27/01/2018-GST
1. The books are printed/ published/ sold
on procuring copyright from the author
or his legal heir. [e.g. White Tiger
Procures copyright from Ruskin Bond]
2. The books are printed/ published/ sold
against a specific brand name. [e.g.
Manorama Year Book]
3. The books are printed/ published/ sold
on paying copyright fees to a foreign
publisher for publishing Indian edition
(same language) of foreign books. [e.g.
Penguin (India) Ltd. pays fees to
Routledge (London)] The books are
printed/ published/ sold on paying
copyright fees to a foreign publisher for
publishing Indian language edition
(translated). [e.g. Ananda Publishers Ltd.
pays fees to Penguin (NY)]
sell those books on his own account.
7 Whether legal services other than
representational services provided by an
individual advocate or a senior advocate
to a business entity are liable for GST
under reverse charge mechanism?
Yes. In case of legal services including
representational services provided by an
advocate including a senior advocate to a
business entity, GST is required to be paid
by the recipient of the service under reverse
charge mechanism, i.e. the business entity.
3. The above clarifications are reiterated for the purpose of levy of GST on supply of
services.
4. Difficulty if any, in the implementation ofthe circular should be brought to the notice
of the Board. Hindi version would follow.
Yours Faithfully,
Rachna
Technical Officer (TRU)

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