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2022 (7) TMI 505 - AAR - GSTClassification of services - rate of GST - Pure services or not - Processing and disposal of the legacy municipal solid waste near Kakulamanu tippa, Tirumala through Bio- remediation Bio- mining as is where is bais to be provided by the applicant to the Superintending Engineer, Tirumala Tirupati Devasthanams, Tirupati - eligibility for exemption under SI.No.3 of Notification No.12/2017 dt 28.07.2017 as amended. HELD THAT - We concur with the opinion of the applicant after a thorough examination of the nature of the services of the applicant by classifying them under SI.No.32 of Heading 9994 of Notification No 11/2017 Central Tax (Rate) dt. 28.06.2017. Whether services provided by the applicant is exempted under SI.No.3 of Notification 12/2017 dated 28.07.2017 as amended? - HELD THAT - SI.No.3 of the above notification describes 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 Governmental 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 activity of M/s. Zigma Global falls under this exemption notification, but it has been amended further vide Notification No. 16/2021-Central Tax (Rate) dated November 18, 2021, w.e.f. January 1, 2022 - services provided by the Applicant are no longer exempted under SI.No.3 of Notification No.12/2017 dated 28.07.2017 as amended further by Notification No. 16/2021 - Central Tax (Rate), dated November, 18, 2021.
Issues Involved:
1. Classification of the services provided by the applicant. 2. Whether the services provided by the applicant are exempted under SI.No.3 of Notification No.12/2017 as amended. Detailed Analysis: 1. Classification of the Services: The applicant, M/s. Zigma Global Environ Solutions Private Limited, provides services related to the processing and disposal of legacy municipal solid waste through bio-remediation and bio-mining. The applicant contends that their services fall under SAC code No.9994, specifically Group 99943, which pertains to "sewage and waste collection, treatment and disposal and other environmental protection services" as per Notification No.11/2017 Central Tax (Rate) dated 28.06.2017. The Authority for Advance Ruling concurs with the applicant’s classification after examining the nature of the services provided. 2. Exemption under SI.No.3 of Notification No.12/2017: The applicant claims that their services should be exempt under SI.No.3 of Notification No.12/2017 Central Tax (Rate) dated 28.07.2017, which exempts "pure services" provided to the Central Government, State Government, Union Territory, local authority, or a Governmental authority by way of any activity related to functions entrusted to a municipality under Article 243W of the Constitution. a) Pure Services: The services rendered by the applicant do not involve the supply of any goods, thus qualifying as "pure services." The services include the complete reclamation of dumpsite land through bio-remediation and bio-mining, in compliance with Solid Waste Management Rules, 2016. b) Governmental Authority: The Tirumala Tirupati Devasthanam (TTD) is examined to determine if it qualifies as a "Governmental Authority." The TTD, established under the A.P. Charitable & Hindu Religious Institutions & Endowments Act (1987), meets the criteria of being set up by an Act of State Legislature. Additionally, the Board of Trustees of TTD is constituted by the government, with significant government participation and control, thus fulfilling the requirement of 90% or more participation by the government. c) Functions Entrusted to a Municipality: The functions carried out by TTD, such as public health, sanitation conservancy, and solid waste management, align with the functions entrusted to a municipality under Article 243W of the Constitution. Therefore, the services provided by the applicant to TTD fall under the scope of activities exempted under SI.No.3 of Notification No.12/2017. Amendment to Notification No.12/2017: However, Notification No. 16/2021-Central Tax (Rate) dated November 18, 2021, effective from January 1, 2022, amends the exemption. It omits the words "or a Governmental authority or a Government Entity" from Serial No. 3 and 3A, thereby excluding services provided to a Governmental Authority or Government Entity from the exemption. Consequently, the services provided by the applicant are no longer exempt from GST under SI.No.3 of Notification No.12/2017 as amended by Notification No. 16/2021. Ruling: - Classification: The services provided by the applicant fall under SAC code No.9994, specifically Group 99943 - Waste treatment and disposal services. - Exemption: The services provided by the applicant are not exempt under SI.No.3 of Notification No.12/2017 as amended by Notification No. 16/2021.
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