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- Whether GST is leviable on license fee and spectrum usage charges paid to Government?
Whether GST is leviable on license fee and spectrum usage charges paid to Government?
Issue Favourable to Tax Payer ?:- no
Held- “Licensing services for right to use other natural resources including telecommunication spectrum” is specified in HSN sub-heading 997338, whereby taxability of said service has been fastened as per Notification No. 11/2017-Central Tax (Rate), dated 28-6-2017. Since, taxability of service in question has been specified in the Act, then it cannot be interpreted that it will not be taxed and refund will be issued for the GST payment in.....
Issue Favourable to Tax Payer ?:- no
Held - On reading the decree it emerges that ‘Price of a privilege’ was affirmed by the Constitution Bench in the case where fee is fixed but not in the cases where fee is fluctuating as per percentage share (LF & SUC) of revenue (AGR) like in the instant case. Therefore, the permission of granting of License by DoT for business activities of the appellant as it is directly nexed with their revenue - If no GST is leviable on grant of l.....
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