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2021 (10) TMI 1370 - AAR - GSTExempt supply or not - service of repairs and maintenance of vehicles used for sewage and waste collection, treatment and disposal and other environmental protection services provided to Local Authorities - service of repairs and maintenance of JCBs and Mobile Toilets to the Government and Local Authorities - Sl. No. 3 of Notification No. 12/2017-Central Tax (Rate), dated June 28, 2017 - pure services or not - the services to be covered under Heading 9994 as per Serial Nos. 75 and 76 of the Notification No. 12/2017-Central Tax (Rate), dated June 28, 2017 or not - rate of GST - determination of time and value of supply of goods or services or both - HELD THAT - Entry No. 3 of the Notification No. 12/2017-Central Tax (Rate), dated 28-6-2017 exempts Pure Services (excluding works contract service or other composite supplies involving supply of any goods) provided to the Central Government, State Government or Union Territory or local authority or a Government Authority by way of any activity in relation to any function entrusted to a Panchayat under Article 243G of the Constitution or in relation to any function entrusted to a Municipality under Article 243W of the Constitution . The service of repairs and maintenance of vehicles used for sewage and waste collection, treatment and disposal and other environmental protection services and the service of repairs and maintenance of JCBs and Mobile Toilets involves supply of parts also as per Scope of Work mentioned in aforesaid paragraphs. As such, the services provided by the applicant are not pure services and the same are not covered in Entry No. 3 of Notification No. 12/2017-Central Tax (Rate), dated 28-6-2017 - the applicant had also submitted in Statement of Facts along with Form GST ARA-01 that they are engaged in business of providing works contract services. As such, the exemption is not admissible to the applicant on service of repairs and maintenance of vehicles used for sewage and waste collection, treatment and disposal and other environmental protection services and the service of repairs and maintenance of JCBs and Mobile Toilets under Entry No. 3 of the Notification No. 12/2017-Central Tax (Rate), dated 28-6-2017. The applicant is not engaged in providing services by way of public conveniences such as provision of facilities of bathroom, washrooms, lavatories, urinal or toilets. In fact, the applicant is engaged in providing services of repairs and maintenance of Mobile Toilets which is not covered in the entry services by way of public conveniences . As such, the exemption under Sl. No. 76 of the Notification No. 12/2017-Central Tax (Rate), dated June 28, 2017 is not admissible to the applicant - the exemption under Serial Nos. 75 and 76 of the Notification No. 12/2017-Central Tax (Rate), dated June 28, 2017 is available to SAC 9994 which covers Sewage and waste collection, treatment and disposal and other environmental protection services . The services of repairs and maintenance of vehicles used for sewage and waste collection, treatment and disposal and other environmental protection services and the service of repairs and maintenance of JCBs and Mobile Toilets are not covered in SAC 9994 as per the scheme of classification of service as appended with Notification No. 11/2017-C.T. (Rate), dated 28-6-2017 and Explanatory Notes to the Scheme of Classification of Services.
Issues Involved:
1. Exemption of services for repairs and maintenance of vehicles used for sewage and waste collection under Notification No. 12/2017-Central Tax (Rate). 2. Exemption of services for repairs and maintenance of JCBs and Mobile Toilets under Notification No. 12/2017-Central Tax (Rate). 3. Classification of the above services under Heading 9994 as per Serial Nos. 75 and 76 of Notification No. 12/2017-Central Tax (Rate). Issue-wise Detailed Analysis: Issue 1: Exemption of Services for Repairs and Maintenance of Vehicles Used for Sewage and Waste Collection The applicant sought a ruling on whether the service of repairs and maintenance of vehicles used for sewage and waste collection, treatment, and disposal provided to Local Authorities would be covered by Sl. No. 3 of Notification No. 12/2017-Central Tax (Rate), dated June 28, 2017, which exempts "Pure Services (excluding works contract service or other composite supplies involving supply of any goods)" provided to government entities in relation to functions entrusted under Articles 243G and 243W of the Constitution. The applicant argued that since the services are integral to the statutory duties of Municipalities and involve non-commercial vehicles customized for waste collection, they should be exempt from GST. However, the ruling concluded that the services provided by the applicant are not "pure services" as they involve the supply of parts, thus falling under works contract services. Therefore, they are not covered under Entry No. 3 of Notification No. 12/2017-Central Tax (Rate) and are not exempt. Issue 2: Exemption of Services for Repairs and Maintenance of JCBs and Mobile Toilets The applicant also sought a ruling on whether the service of repairs and maintenance of JCBs and Mobile Toilets provided to government entities would be exempt under the same notification. The applicant maintained that the logic applied to sewage and waste collection vehicles should also apply to JCBs and Mobile Toilets, as these are used by Municipalities for their core functions without any commercial element. The ruling similarly concluded that these services are not "pure services" due to the involvement of parts supply. Hence, they are not covered under Entry No. 3 of Notification No. 12/2017-Central Tax (Rate) and are not exempt. Issue 3: Classification Under Heading 9994 The applicant sought clarification on whether the services mentioned in Issues 1 and 2 would be covered under Heading 9994 as per Serial Nos. 75 and 76 of Notification No. 12/2017-Central Tax (Rate), which would attract a NIL rate of tax and be considered exempt supplies. The ruling examined the scope of services under Heading 9994, which includes services related to sewage and waste collection, treatment, and disposal, and other environmental protection services. However, it found that the applicant is not engaged in providing services by way of public conveniences or bio-medical waste treatment, which are the specific services exempt under Serial Nos. 75 and 76. Therefore, the services of repairs and maintenance of vehicles, JCBs, and Mobile Toilets do not fall under the specified categories in Heading 9994 and are not eligible for exemption under Serial Nos. 75 and 76 of Notification No. 12/2017-Central Tax (Rate). Conclusion: The ruling concluded that the services provided by the applicant are not exempt under Notification No. 12/2017-Central Tax (Rate) as they involve works contract services and are not classified under the specified exempt categories in Heading 9994. All questions raised by the applicant were replied to in the negative. This ruling is valid within the jurisdiction of the Authority for Advance Ruling Uttar Pradesh, subject to provisions under Section 103(2) and Section 104(1) of the CGST Act, 2017.
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