Page 75 - CA Final GST
P. 75

Badlani Classes




                             Stage carriage v. Contract Carriage: In case of stage carriage, the person can get in or
                             get down at any stage of the journey (generally, local transport).  In contract carriage, the
                             person will have to buy the ticket for the whole journey i.e. starting point to ending point.
                                •  Leisure or charter vessels or cruise ship-Taxable: Services provided by leisure
                                    or charter vessels or a cruise ship, predominant purpose of which is tourism, would
                                    not be covered in exemption even if some of the passengers in such vessels are
                                    not tourists.
                                •  Transport of passengers, with or without accompanied belongings, by:
                                   - ropeway,
                                   - cable car or
                                   - aerial tramway
                                    is liable to GST.
                                •  Value shall include all taxes except GST i.e. Passenger Tax.
                                •  Services by way of giving on hire to a State transport undertaking, a motor vehicle
                                    meant to carry more than  12 passengers are exempt.(entry 22)
                 Que.        Transport  of  passengers  by  air:  Compute  value  of  taxable  services  of  transport  of
                             passengers of air from the following data relating to sums received exclusive of GST-
                             1-  Passengers embarking at Assam : `10 lakh;
                             2-  Passengers where journey terminated at Manipur: `4 lakh:
                             3-  Passengers embarking at a ‘Regional Connectivity Scheme Airport’: `40 lakh;
                             4-  Amount charged from passengers for flights starting from Dubai to Delhi:`400 lakh;
                             5-  Amount charged from passengers from flights starting from Delhi to Dubai:`540 lakh.
                                 this sum-
                                 •   includes  passenger  taxes  levied  by  government  and  shown  separately  on
                                     ticket:`140 lakh
                                 •   25% is towards economy class and balance is towards other classes.


                 Ans.                                  Computation of taxable value and gross GST
                                                       Particulars                              Value
                               Passengers embarking at Assam (Embarking at N/E state)             Exempt
                               Passenger journey terminated at Manipur (Terminating at N/E state)   Exempt
                               Passenger embarking at Regional Connectivity Scheme Airport        `40 lakh
                               Amount charged from passengers for flights starting from Dubai to   POS outside
                               Delhi [Place of embarkation is Dubai viz. Outside India; hence, place   India
                               of supply is outside India and not taxable]
                               Amount charged from passengers from flights starting from Delhi to
                               Dubai [As per section 15, all taxes except GST shall form part of
                               value.  Hence, passenger taxes shall form part of the value]
                               •   Economy Class value is 25% of`540 lakhs                       `135 lakh
                               •   75% of 540 lakh= 405 lakh is towards other classes           `405 lakhs
                               Total Tax                                                         580 lakhs

                 Que.        Compute taxable value of services of Indian railways-
                             1-  Transport of passengers by general class: `2,000 crores:
                             2-  Transport of passengers by sleeper class: `8,000 crores:
                             3-  Transport of passengers by AC: `12,000 crores:
                                                          st
                             4-  Transport of passengers by 1  Class: `8,000 crores.
                 Ans.                                          Computation of taxable value
                                                         Particulars                              Amount
                               Transport of passengers by general class                           Exempt
                               Transport of passengers by sleeper class                           Exempt          Page74
                               Transport of passengers by AC                                       12,000



                                   Central Goods & Services Tax Act, 2017
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