ca lovekesh sethi services under mega exemption notification 1.services provided to the united...

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CA Lovekesh Sethi Services under Mega Exemption Services under Mega Exemption Notification Notification 1. 1. Services provided to the United Nations or Services provided to the United Nations or a specified international organization; a specified international organization; 2. 2. Health care services by a clinical Health care services by a clinical establishment, an authorized medical establishment, an authorized medical practitioner or para-medics; practitioner or para-medics; 3. 3. Health care service of animals or birds by Health care service of animals or birds by a veterinary clinic. a veterinary clinic. 4. 4. Services by an entity registered under Services by an entity registered under section 12AA of the Income tax Act, 1961 by section 12AA of the Income tax Act, 1961 by way of charitable activities; way of charitable activities; 5. 5. Services by a person by way of- Services by a person by way of- (a) Renting of precincts of a religious (a) Renting of precincts of a religious place meant for general public; or place meant for general public; or (b) Conduct of any religious ceremony; (b) Conduct of any religious ceremony; Continued… Continued…

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Page 1: CA Lovekesh Sethi Services under Mega Exemption Notification 1.Services provided to the United Nations or a specified international organization; 2.Health

CA Lovekesh Sethi

Services under Mega Exemption Services under Mega Exemption NotificationNotification

1.1. Services provided to the United Nations or a Services provided to the United Nations or a specified international organization;specified international organization;

2.2. Health care services by a clinical establishment, Health care services by a clinical establishment, an authorized medical practitioner or para-an authorized medical practitioner or para-medics;medics;

3.3. Health care service of animals or birds by a Health care service of animals or birds by a veterinary clinic.veterinary clinic.

4.4. Services by an entity registered under section Services by an entity registered under section 12AA of the Income tax Act, 1961 by way of 12AA of the Income tax Act, 1961 by way of charitable activities;charitable activities;

5.5. Services by a person by way of-Services by a person by way of-(a) Renting of precincts of a religious place (a) Renting of precincts of a religious place meant for general public; ormeant for general public; or(b) Conduct of any religious ceremony; (b) Conduct of any religious ceremony;

Continued…Continued…

Page 2: CA Lovekesh Sethi Services under Mega Exemption Notification 1.Services provided to the United Nations or a specified international organization; 2.Health

CA Lovekesh Sethi

6.6. Services provided byServices provided by--(a) An arbitral tribunal to -(a) An arbitral tribunal to -(i) Any person other than a business entity; or(i) Any person other than a business entity; or(ii) A business entity with a turnover up to Rs.10 (ii) A business entity with a turnover up to Rs.10 lacs in the preceding financial year;lacs in the preceding financial year;(b) An individual as an advocate or a partnership (b) An individual as an advocate or a partnership firm of advocates by way of legal services to,-firm of advocates by way of legal services to,-(i) An advocate or partnership firm of advocates (i) An advocate or partnership firm of advocates providing legal services ;providing legal services ;(ii) Any person other than a business entity; or(ii) Any person other than a business entity; or(iii) A business entity with a turnover up to (iii) A business entity with a turnover up to Rs.10 lacsRs.10 lacs in the preceding financial year; or in the preceding financial year; or(c) A person represented on an arbitral tribunal (c) A person represented on an arbitral tribunal to an arbitral tribunal to an arbitral tribunal

Continued..Continued..

Page 3: CA Lovekesh Sethi Services under Mega Exemption Notification 1.Services provided to the United Nations or a specified international organization; 2.Health

CA Lovekesh Sethi

7.7. Technical testing services or analysis of newly Technical testing services or analysis of newly developed drugs, including vaccines and herbal developed drugs, including vaccines and herbal remedies, on human participants by a clinical remedies, on human participants by a clinical research organization approved to conduct clinical research organization approved to conduct clinical trials by the Drug Controller General of India;trials by the Drug Controller General of India;

8.8. Services by way of training in recreational Services by way of training in recreational activities relating to arts, culture or sports;activities relating to arts, culture or sports;

9.9. Services provided to or by an educational Services provided to or by an educational institution in respect of education exempted from institution in respect of education exempted from service tax, by way of,-service tax, by way of,-(a) Auxiliary educational services; or(a) Auxiliary educational services; or(b) Renting of immovable property;(b) Renting of immovable property;

10.10. Services provided to a recognized sports body by-Services provided to a recognized sports body by-(a) An individual as a player, referee, umpire, (a) An individual as a player, referee, umpire, coach or team manager for participation in a coach or team manager for participation in a sporting event organized by a recognized sports sporting event organized by a recognized sports body;body;(b) Another recognized sports body (b) Another recognized sports body

Continued..Continued..

Page 4: CA Lovekesh Sethi Services under Mega Exemption Notification 1.Services provided to the United Nations or a specified international organization; 2.Health

CA Lovekesh Sethi

11.11. Services by way of sponsorship of sporting events Services by way of sponsorship of sporting events organized,-organized,-(a) By a national sports federation, where the (a) By a national sports federation, where the participating teams or individuals represent any participating teams or individuals represent any district, state or zone;district, state or zone;(b) By Association of Indian Universities, Inter-(b) By Association of Indian Universities, Inter-University Sports Board, School Games Federation University Sports Board, School Games Federation of India, All India Sports Council for the Deaf, of India, All India Sports Council for the Deaf, Paralympic Committee of India or Special Olympics Paralympic Committee of India or Special Olympics Bharat;Bharat;(c) By Central Civil Services Cultural and Sports (c) By Central Civil Services Cultural and Sports Board;Board;(d) As part of national games, by Indian Olympic (d) As part of national games, by Indian Olympic Association; orAssociation; or(e) Under Panchayat Yuva Kreeda Aur Khel (e) Under Panchayat Yuva Kreeda Aur Khel Abhiyaan (PYKKA) Scheme;Abhiyaan (PYKKA) Scheme;

Continued…Continued…

Page 5: CA Lovekesh Sethi Services under Mega Exemption Notification 1.Services provided to the United Nations or a specified international organization; 2.Health

CA Lovekesh Sethi

12.12. Services provided to the Govt, a local authority or a Services provided to the Govt, a local authority or a govt authority by way of construction, erection, govt authority by way of construction, erection, commissioning, installation, completion, fitting out, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of -repair, maintenance, renovation, or alteration of -(a) A civil structure or any other original works (a) A civil structure or any other original works meant predominantly for use other than for meant predominantly for use other than for commerce, industry, or any other business or commerce, industry, or any other business or profession;profession;(b) A historical monument, archaeological site or (b) A historical monument, archaeological site or remains of national importance, archaeological remains of national importance, archaeological excavation, or antiquity specified under the Ancient excavation, or antiquity specified under the Ancient Monuments and Archaeological Sites and Remains Monuments and Archaeological Sites and Remains Act, 1958;Act, 1958;(c) A structure meant predominantly for use as (i) an (c) A structure meant predominantly for use as (i) an educational, (ii) a clinical, or (iii) an art or cultural educational, (ii) a clinical, or (iii) an art or cultural establishment;establishment;(d) Canal, dam or other irrigation works;(d) Canal, dam or other irrigation works;(e) Pipeline, conduit or plant for (i) water supply (ii) (e) Pipeline, conduit or plant for (i) water supply (ii) water treatment, (iii) sewerage treatment or water treatment, (iii) sewerage treatment or disposal; ordisposal; or(f) A residential complex predominantly meant for (f) A residential complex predominantly meant for self-use or the use of their employees or other self-use or the use of their employees or other persons specified in the section 65 B of the said Act;persons specified in the section 65 B of the said Act;

Continued…Continued…

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CA Lovekesh Sethi

13.13. Services provided by way of Services provided by way of construction, construction, erection, commissioning, installation, erection, commissioning, installation, completion, fitting out, repair, maintenance, completion, fitting out, repair, maintenance, renovation, or alteration renovation, or alteration of,-of,-(a) A road, bridge, tunnel, or terminal for road (a) A road, bridge, tunnel, or terminal for road transportation for use by transportation for use by general publicgeneral public;;(b) A (b) A civil structurecivil structure or any other original works or any other original works pertaining to a scheme underpertaining to a scheme underJawaharlal Nehru National Urban Renewal Mission Jawaharlal Nehru National Urban Renewal Mission or Rajiv Awaas Yojana;or Rajiv Awaas Yojana;(c) A building owned by an entity registered under (c) A building owned by an entity registered under section 12 AA of the Income tax Act, 1961 and section 12 AA of the Income tax Act, 1961 and meant predominantly for religious use by generalmeant predominantly for religious use by generalpublic;public;(d) A (d) A pollution controlpollution control or effluent treatment or effluent treatment plant, except located as a part of a factory; or a plant, except located as a part of a factory; or a structure meant for funeral, burial or cremation of structure meant for funeral, burial or cremation of deceased;deceased;

Continued..Continued..

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CA Lovekesh Sethi

14.14. Services by way of erection or construction of Services by way of erection or construction of original works pertaining to,-original works pertaining to,-(a) Airport, port or railways;(a) Airport, port or railways;(b) Single residential unit otherwise as a part of a (b) Single residential unit otherwise as a part of a residential complex;residential complex;(c) Low- cost houses up to a carpet area of 60 (c) Low- cost houses up to a carpet area of 60 square meters per house in a housing project square meters per house in a housing project approved by competent authority empowered approved by competent authority empowered under the ‘Scheme of Affordable Housing in under the ‘Scheme of Affordable Housing in Partnership’ framed by the Ministry of Housing Partnership’ framed by the Ministry of Housing and Urban Poverty Alleviation, Government of and Urban Poverty Alleviation, Government of India;India;(d) Post- harvest storage infrastructure for (d) Post- harvest storage infrastructure for agricultural produce including a cold storages for agricultural produce including a cold storages for such purposes; orsuch purposes; or(e) Mechanized food grain handling system, (e) Mechanized food grain handling system, machinery or equipment for units processing machinery or equipment for units processing agricultural produce as food stuff excluding agricultural produce as food stuff excluding alcoholic beverages;alcoholic beverages;

Continued…Continued…

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CA Lovekesh Sethi

15.15. Temporary transfer or permitting the use or Temporary transfer or permitting the use or enjoyment of a copyright covered under clause enjoyment of a copyright covered under clause (a) or (b) of sub-section (1) of section 13 of the (a) or (b) of sub-section (1) of section 13 of the Indian Copyright Act, 1957 (14 of 1957), Indian Copyright Act, 1957 (14 of 1957), relating to original literary, dramatic, musical, relating to original literary, dramatic, musical, artistic works or cinematograph films;artistic works or cinematograph films;

16.16. Services by a performing artist in folk or Services by a performing artist in folk or classical art forms of (i) music, or (ii) dance, or classical art forms of (i) music, or (ii) dance, or (iii) theatre, excluding services provided by (iii) theatre, excluding services provided by such artist as a brand ambassador;such artist as a brand ambassador;

17.17. Services by way of collecting or providing news Services by way of collecting or providing news by an independent journalist, Press Trust of by an independent journalist, Press Trust of India or United News of India;India or United News of India;

Continued…Continued…

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CA Lovekesh Sethi

18.18. Services by way of renting of a hotel, inn, guest Services by way of renting of a hotel, inn, guest house, club, campsite or other commercial house, club, campsite or other commercial places meant for residential or lodging places meant for residential or lodging purposes, having declared tariff of a room below purposes, having declared tariff of a room below rupees one thousand per day or equivalent;rupees one thousand per day or equivalent;

19.19. Services provided in relation to serving of food Services provided in relation to serving of food or beverages by a restaurant, eating joint or a or beverages by a restaurant, eating joint or a mess, other than those having mess, other than those having (i) The facility of air-conditioning or central air-(i) The facility of air-conditioning or central air-heating in any part of the establishment, at any heating in any part of the establishment, at any time during the year, and time during the year, and (ii) a license to serve alcoholic beverages;(ii) a license to serve alcoholic beverages;

Continued…Continued…

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CA Lovekesh Sethi

20.20. Services by way of transportation by rail or a vessel Services by way of transportation by rail or a vessel from one port in India to another of the following from one port in India to another of the following goods –goods –

(a) petroleum and petroleum products falling under (a) petroleum and petroleum products falling under Chapter heading 2710 and 2711 of the First Chapter heading 2710 and 2711 of the First Schedule to the Central Excise Tariff Act, 1985;Schedule to the Central Excise Tariff Act, 1985;

(b) Relief materials meant for victims of natural or (b) Relief materials meant for victims of natural or man-made disasters, calamities, accidents or man-made disasters, calamities, accidents or mishap;mishap;

(c) Defense or military equipments;(c) Defense or military equipments;

(d) Postal mail, mail bags or household effects;(d) Postal mail, mail bags or household effects;

(e) Newspaper or magazines registered with (e) Newspaper or magazines registered with Registrar of Newspapers;Registrar of Newspapers;

(f) Railway equipments or materials;(f) Railway equipments or materials;

(g) Agricultural produce;(g) Agricultural produce;

(h) Foodstuff including flours, tea, coffee, jaggery, (h) Foodstuff including flours, tea, coffee, jaggery, sugar, milk products, salt and edible oil, excluding sugar, milk products, salt and edible oil, excluding alcoholic beverages; oralcoholic beverages; or

(i) Chemical fertilizer and oilcakes;(i) Chemical fertilizer and oilcakes;

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CA Lovekesh Sethi

21.21. Services provided by a goods transport agency by Services provided by a goods transport agency by way of transportation of - way of transportation of -

(a) Fruits, vegetables, eggs, milk, food grains or (a) Fruits, vegetables, eggs, milk, food grains or pulses in a goods carriage;pulses in a goods carriage;

(b) Goods where gross amount charged on a (b) Goods where gross amount charged on a consignment transported in a single goods carriage consignment transported in a single goods carriage does not exceed one thousand five hundred rupees; does not exceed one thousand five hundred rupees; oror

(c) Goods, where gross amount charged for (c) Goods, where gross amount charged for transportation of all such goods for a single transportation of all such goods for a single consignee in the goods carriage does not exceed consignee in the goods carriage does not exceed rupees seven hundred fifty;rupees seven hundred fifty;

22.22. Services by way of giving on hire -Services by way of giving on hire -

(a) To a state transport undertaking, a motor vehicle (a) To a state transport undertaking, a motor vehicle meant to carry more than twelve passengers; ormeant to carry more than twelve passengers; or

(b) To a goods transport agency, a means of (b) To a goods transport agency, a means of transportation of goods;transportation of goods;

Continued…Continued…

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CA Lovekesh Sethi

23.23. Transport of passengers, with or without Transport of passengers, with or without accompanied belongings, by -accompanied belongings, by -

(a) air, embarking from or terminating in an (a) air, embarking from or terminating in an airport located in the state of Arunachal Pradesh, airport located in the state of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, or Tripura or at Bagdogra located in West Sikkim, or Tripura or at Bagdogra located in West Bengal;Bengal;

(b) A contract carriage for the transportation of (b) A contract carriage for the transportation of passengers, excluding tourism, conducted tour, passengers, excluding tourism, conducted tour, charter or hire; orcharter or hire; or

(c) Ropeway, cable car or aerial tramway;(c) Ropeway, cable car or aerial tramway;

24.24. Services by way of vehicle parking to general Services by way of vehicle parking to general public excluding leasing of space to an entity for public excluding leasing of space to an entity for

providing such parking facility;providing such parking facility;

Continued…Continued…

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CA Lovekesh Sethi

25.25. Services provided to Government, a local Services provided to Government, a local authority or a governmental authority by way of authority or a governmental authority by way of --(a) Carrying out any activity in relation to any (a) Carrying out any activity in relation to any function ordinarily entrusted to a municipality in function ordinarily entrusted to a municipality in relation to water supply, public health, sanitation relation to water supply, public health, sanitation conservancy, solid waste management or slum conservancy, solid waste management or slum improvement and upgradation; orimprovement and upgradation; or(b) Repair or maintenance of a vessel or an (b) Repair or maintenance of a vessel or an aircraft;aircraft;

26.26. Services of Services of general insurance businessgeneral insurance business provided under following schemes -provided under following schemes -(a) Hut Insurance Scheme;(a) Hut Insurance Scheme;(b) Cattle Insurance under Swarnajaynti Gram (b) Cattle Insurance under Swarnajaynti Gram Swarozgar Yojna;Swarozgar Yojna;(c) Scheme for Insurance of Tribals;(c) Scheme for Insurance of Tribals;(d) Janata Personal Accident Policy and Gramin (d) Janata Personal Accident Policy and Gramin Accident Policy; (e) Group Personal Accident Accident Policy; (e) Group Personal Accident Policy for Self-Employed Women;Policy for Self-Employed Women;

Continued…Continued…

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CA Lovekesh Sethi

(f) Agricultural Pumpset and Failed Well (f) Agricultural Pumpset and Failed Well Insurance;Insurance;

(g) premia collected on export credit insurance;(g) premia collected on export credit insurance;

(h) Weather Based Crop Insurance Scheme or (h) Weather Based Crop Insurance Scheme or the Modified National Agricultural Insurance the Modified National Agricultural Insurance Scheme, approved by the Government of India Scheme, approved by the Government of India and implemented by the Ministry of Agriculture;and implemented by the Ministry of Agriculture;

(i) Jan Arogya Bima Policy;(i) Jan Arogya Bima Policy;

(j) National Agricultural Insurance Scheme (j) National Agricultural Insurance Scheme (Rashtriya Krishi Bima Yojana);(Rashtriya Krishi Bima Yojana);

(k) Pilot Scheme on Seed Crop Insurance;(k) Pilot Scheme on Seed Crop Insurance;

(l) Central Sector Scheme on Cattle Insurance;(l) Central Sector Scheme on Cattle Insurance;

(m) Universal Health Insurance Scheme;(m) Universal Health Insurance Scheme;

(n) Rashtriya Swasthya Bima Yojana; or(n) Rashtriya Swasthya Bima Yojana; or

(o) Coconut Palm Insurance Scheme;(o) Coconut Palm Insurance Scheme;

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CA Lovekesh Sethi

27.27. Services provided by an incubatee up to a total Services provided by an incubatee up to a total turnover of Rs.50 lacs in a financial year.turnover of Rs.50 lacs in a financial year.

28.28. Service by a non- profit entity registered under Service by a non- profit entity registered under any law, to its own members by way of any law, to its own members by way of reimbursement of charges or share of reimbursement of charges or share of contribution -contribution -(a) As a trade union;(a) As a trade union;(b) For the provision of carrying out any activity (b) For the provision of carrying out any activity which is exempt from the levy of service tax; orwhich is exempt from the levy of service tax; or(c) Up to an amount of Rs.500 p.m. per (c) Up to an amount of Rs.500 p.m. per member for sourcing of goods or services from member for sourcing of goods or services from a third person for the common use of its a third person for the common use of its members in a housing society or a residential members in a housing society or a residential complex;complex;

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CA Lovekesh Sethi

29.29. Services by the following persons in respective Services by the following persons in respective capacities capacities

(a) sub-broker or an authorized person to a stock broker;(a) sub-broker or an authorized person to a stock broker;

(b) Authorized person to a member of a commodity (b) Authorized person to a member of a commodity exchange;exchange;

(c) Mutual fund agent to a mutual fund or asset (c) Mutual fund agent to a mutual fund or asset management company;management company;

(d) Distributor to a mutual fund or asset management (d) Distributor to a mutual fund or asset management company;company;

(e) Selling or marketing agent of lottery tickets to a (e) Selling or marketing agent of lottery tickets to a distributor or a selling agent;distributor or a selling agent;

(f) Selling agent or a distributor of SIM cards or recharge (f) Selling agent or a distributor of SIM cards or recharge coupon vouchers;coupon vouchers;

(g) Business facilitator or a business correspondent to a (g) Business facilitator or a business correspondent to a banking company or an insurance company, in a rural banking company or an insurance company, in a rural area; area;

(h) Sub-contractor providing services by way of works (h) Sub-contractor providing services by way of works contract to another contractor providing works contract contract to another contractor providing works contract services which are exempt; services which are exempt;

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30.30. Carrying out an intermediate production Carrying out an intermediate production process as process as job workjob work in relation to in relation to

(a) Agriculture, printing or textile processing;(a) Agriculture, printing or textile processing;

(b) Cut and polished diamonds and gemstones; (b) Cut and polished diamonds and gemstones; or plain and studded jewellery of gold and other or plain and studded jewellery of gold and other precious metals, falling under Chapter 71 of the precious metals, falling under Chapter 71 of the Central Excise Tariff Act, 1985;Central Excise Tariff Act, 1985;

(c) Any goods on which appropriate duty is (c) Any goods on which appropriate duty is payable by the principal manufacturer; orpayable by the principal manufacturer; or

(d) Processes of electroplating, zinc plating, (d) Processes of electroplating, zinc plating, anodizing, heat treatment, powder coating, anodizing, heat treatment, powder coating, painting including spray painting or auto black, painting including spray painting or auto black, during the course of manufacture of parts of during the course of manufacture of parts of cycles or sewing machines upto an aggregate cycles or sewing machines upto an aggregate value of taxable service of the specified value of taxable service of the specified processes of one hundred and fifty lakh rupees processes of one hundred and fifty lakh rupees in a financial year.in a financial year.

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31.31. Services by an organizer to any person in Services by an organizer to any person in respect of a business exhibition held outside respect of a business exhibition held outside India;India;

32.32. Services by way of making telephone calls from Services by way of making telephone calls from --

(a) Departmentally run public telephone;(a) Departmentally run public telephone;

(b) Guaranteed public telephone operating only (b) Guaranteed public telephone operating only for local calls; orfor local calls; or

(c) Free telephone at airport and hospital where (c) Free telephone at airport and hospital where no bills are being issued;no bills are being issued;

33.33. Services by way of Services by way of slaughtering of bovine slaughtering of bovine animalsanimals;;

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34.34. Services received from a provider of service Services received from a provider of service located in a non- taxable territory by -located in a non- taxable territory by -

(a) Government, a local authority, a govt (a) Government, a local authority, a govt authority or an individual in relation to any authority or an individual in relation to any purpose other than commerce, industry or any purpose other than commerce, industry or any other business or profession;other business or profession;

(b) an entity registered under section 12AA of (b) an entity registered under section 12AA of the Income tax Act, 1961 for the purposes of the Income tax Act, 1961 for the purposes of providing charitable activities; orproviding charitable activities; or

(c) A person located in a non-taxable territory;(c) A person located in a non-taxable territory;

35.35. Services of public libraries by way of lending of Services of public libraries by way of lending of books, publications or any other knowledge- books, publications or any other knowledge- enhancing content or material;enhancing content or material;

36.36. Services by Employees’ State Insurance Services by Employees’ State Insurance Corporation to persons governed under the Corporation to persons governed under the Employees’ Insurance Act, 1948 Employees’ Insurance Act, 1948

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37.37. Services by way of transfer of a going concern, Services by way of transfer of a going concern, as a whole or an independent part thereof;as a whole or an independent part thereof;

38.38. Services by way of public conveniences such as Services by way of public conveniences such as provision of facilities of bathroom, washrooms, provision of facilities of bathroom, washrooms, lavatories, urinal or toilets;lavatories, urinal or toilets;

39.39. Services by a government authority by way of Services by a government authority by way of any activity in relation to any function entrusted any activity in relation to any function entrusted to a municipality under article 243 W of the to a municipality under article 243 W of the Constitution Constitution