Ques-1 Whether the transfer
of business by the Airport Authority of India to M/s Adani Lucknow International Airport Limited be treated as Supply u/s. 7 0f the Central Goods and Service Tax Act, 2017(“UPGST”)?
Ans-1- The Subject Supply of ‘Transfer of Going Concern service’ is Supply under Section 7 CGST Act, 2017.
Ques-2- Whether the transfer of business by the Airport Authority of India to M/s Adani Lucknow International Airport Limited is treated as Supply as going concern and covered in clause 4 of schedule II of CGST Act viz-a-viz UPGST?
Ans-2 The Subject Supply is ‘Transfer of Going Concern service’ and the same is not covered in clause 4 of schedule II of CGST Act viz-a-viz UPGST.
Ques-3- Whether the transfer of business by the Airport Authority of India to M/s Adani Lucknow International Airport Limited is covered under the Entary No. 2 of the exemption notification No. 12/2017- Central Tax (Rate) dated 28-06-2017 issued u/s Section 11 of CGST Act 2017?
Ans-3- The Subject Supply is covered vide entary No. 2 of Notification 12/2017-Central Tax (Rate) dated 28.06.2017.
Ques-4 If the answer is negative, then whether GST is leviable on the transfer of Existing assets (“RAB”), Aeronautical Assets, non-aeronautical assets and Capital work in progress by M/s. Airport Authority of India to the M/s Adani Lucknow International Airport Limited?
Ans-4 Ruling not required, in pursuance to Ruling at serial no.3.
Ques-5- Whether the aforesaid transfer of asset be treated as services and the classification the same?
Ans-5- Ruling not required, in pursuance to Ruling at serial no.2 &3.
Ques-6 Whether the concession fees paid by M/s Adani Lucknow International Airport Limited to M/s. Airport Authority of India be treated as consideration for transfer of business?
Ans-6- No
Ques-7- Whether GST is applicable on Monthly/Annual concession fees charge by the Applicant on the M/s Adani Lucknow International Airport Limited? If yes at what rate?
Ans-7- No
Ques-8- Whether GST is leviable on the invoice raised by the Applicant for reimbursement of the salary/staff cost on M/s Adani Lucknow International Airport Limited? If yes at what rate?
Ans-8- Yes, at the rate of 18%(9% CGST and 9% SGST)
Ques-9 Whether GST is applicable on the reimbursement claimed of Municipal tax, Property Tax and Water Charges by the Applicant from M/s Adani Lucknow International Airport Limited? If yes at what rate?
Ans-9- NO
Ques-10- Whether any reversal is required in accordance with section 17(2)/(3) of CGST Act viz-a-viz UPGST Act?
Ans-10- Yes.