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GST is applicable on One Time Concession Fees Charged in respect of long term lease

Shanti Prime Publication Pvt. Ltd.

Levy of GST—In the instant application the question before authority is that “Whether GST is applicable on One Time Concession Fees Charged by the applicant in respect of their property at Anjuna, Goa which is given to M/s. Myrayash Hotels Pvt. Ltd. for a long term lease of 60 years for development of infrastructure for financial business on Private Investment mode on DBFOT basis (Design Build, Finance, Operate and Transfer) providing exclusive right, license and authority to construct, operate and maintain the project.”

Ruling— The service provided by the applicant in the instant matter, is not falling under the criterion mentioned at Sr. No. 41 of the Notification No. 12/2017-Centra1 Tax (Rate), dated 28.06.2017 as amended by the Notification No. 32/2017-Centra1 Tax (Rate), dated 13.10.2017. Therefore, the applicant is not entitled for the benefits of the said notification and the activity of long term lease is liable for levy of GST.[AUTHORITY FOR ADVANCE RULING, GOA][2018] 5 TAXLOK.COM 020 (AAR-GOA)