The applicant i.e. Haryana Warehousing Corporation is not a 'Government entity' in light of the definition contained in Para 2 (zfa) in Notification No. 12/2017 Central Tax (Rate) dated 28.06.2017 as amended by Notification No. 32/2017- Central Tax (Rate) dated 13.10.2017.
Authority for Advance Ruling — Applicability of Government Entity – The applicant is incorporated under Section 18 of the Warehousing Corporations Act, 1962, which is an Act of Parliament. At present the equity of the Applicant is held equally by the Government of Haryana and Central Warehousing Corporation, which is established under Section 3 of the Warehousing Corporations Act, 1962. The applicant sought an advance ruling as to whether definition of Government Entity as defined in Para 2 (zfa) in Notification No. 12/2017 Central Tax (Rate) dated 28.06.2017 as amended by Notification No. 32/2017- Central Tax (Rate) dated 13.10.2017 is applicable on the applicant. The authority observed that equity share of Central Government is 55.02%. Therefore, the condition of 90% or more participation by way of equity is not fulfilled.
Held that:- The Hon’ble Authority ruled that the applicant Haryana Warehousing Corporation is not a ‘Government entity’ in light of the definition contained in Para 2 (zfa) in Notification No. 12/2017 Central Tax (Rate) dated 28.06.2017 as amended by Notification No. 32/2017- Central Tax (Rate) dated 13.10.2017.
The applicant i.e. Haryana Warehousing Corporation is not a 'Government entity' in light of the definition contained in Para 2 (zfa) in Notification No. 12/2017 Central Tax (Rate) dated 28.06.2017 as amended by Notification No. 32/2017- Central Tax (Rate) dated 13.10.2017.
Authority for Advance Ruling — Applicability of Government Entity – The applicant is incorporated under Section 18 of the Warehousing Corporations Act, 1962, which is an Act of Parliament. At present the equity of the Applicant is held equally by the Government of Haryana and Central Warehousing Corporation, which is established under Section 3 of the Warehousing Corporations Act, 1962. The applicant sought an advance ruling as to whether definition of Government Entity as defined in Para 2 (zfa) in Notification No. 12/2017 Central Tax (Rate) dated 28.06.2017 as amended by Notification No. 32/2017- Central Tax (Rate) dated 13.10.2017 is applicable on the applicant. The authority observed that equity share of Central Government is 55.02%. Therefore, the condition of 90% or more participation by way of equity is not fulfilled.
Held that:- The Hon’ble Authority ruled that the applicant Haryana Warehousing Corporation is not a ‘Government entity’ in light of the definition contained in Para 2 (zfa) in Notification No. 12/2017 Central Tax (Rate) dated 28.06.2017 as amended by Notification No. 32/2017- Central Tax (Rate) dated 13.10.2017.