In respect of the port-related activity, the rate of GST is 18%.
It is to be noted that the Port provides various services such as berthing, pilotage, container handling, rental and leasing of premises etc., wherein, either CGST (9%) and SGST (9%) (Maharashtra State) OR IGST (18%) will be levied, depending on the place of supply provisions under the GST Act.
A broad list of services provided by JNPT has been listed herein, along with the applicable rate of tax and related place of supply.
A link containing the basic GST information of JNPT is available on the website and the suppliers/customers can also share their own basic GST related information in the link provided.
Please find below the link:- GST
For services provided in Territorial Waters, CGST and SGST (of Maharashtra State) will be levied, as per the provisions of the IGST Act.
For services provided other than in territorial waters, the general rule of the place of supply will be applicable, i.e. recipient based and accordingly, either:-
The above application will be done keeping mind provisions of the IGST Act and accordingly place of supply will be decided.
In terms of the place of supply provisions under the GST Act, in respect of immovable property-related services provided by JNPT, CGST and SGST (of Maharashtra State) will apply.
The ITC of the above will be available to the recipient, only if, such recipient is registered under GST in the state of Maharashtra.
It is not compulsory to take registration in the state of Maharashtra, but it is a decision to be taken by the recipient, as input tax credit relating to CGST and Maharashtra State SGST will only be available if the recipient is registered in Maharashtra state.
In case of services where the place of supply is within the state of Maharashtra, then CGST and SGST (Of Maharashtra) will apply to such transactions.
In other cases, the place of supply will be the location of the recipient of services.
The place of supply will be determined as per the provisions of the GST Act for each transaction and accordingly, the tax will be levied.
In case the recipient of services is registered in Maharashtra and other states also, then the registration of Maharashtra will be considered for purposes of a place of supply and GST will be levied accordingly.