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2022 (9) TMI 364 - AAR - GSTExemption from GST - Pure services - Activity in relation to function entrusted to Panchayat or Municipality under Article 243G or Article 243W respectively, of the Constitution of India or not - Project Development Service (i.e. Detailed Project Report Service/Beneficiary Document Preparation) and Project Management Consultancy services (PMCS)/Supervision Services provided by the applicant to the recipient under the Contract from State Urban Development Authority (SUDA) and the Project Management Consultancy services (PMC) under the Contract for PMAY - inclusion of cost of service rendered along with reimbursement of cost of procurement of goods for rendering such service or not - exemption from levy of CGST and UPGST or not. HELD THAT - As per Si. No. 3 of Notification No. 12/2017-CT (Rate) dated 28.06.2017 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 are exempt from tax. As SUDA has been established as a state level nodal agency, under the department for Urban Employment and Poverty Alleviation by Uttar Pradesh Government and as per the information contained in Memorandum of Association, it is clear that SUDA is a part of State Government of UP - Further, as per website of Pradhan Mantri Awas Yojana-Housing for All (Urban), Ministry of Housing and Urban Affairs, the PMAY is a Scheme to provide central assistance to Urban Local Bodies (ULBs) and other implementing agencies through States/UTs for Rehabilitation of existing slum dwellers using their land as a resource through private, participation, and affordable Housing in Partnership. As per the details available on website SUDA is the state level nodal agency for PMAY(U) in the state of Uttar Pradesh - the Consultancy services rendered by the Applicant under the contract with SUDA, and for PMAY are in relation to functions entrusted to Municipalities / Panchayats under Article 243W / 243G of the Constitution of India. Whether such services provided by the Applicant would qualify as Pure service or not? - HELD THAT - The services mentioned in the contract would qualify as Pure Service (excluding works contract service or other composite supplies involving supply of any goods) as provided in serial number 3 of Notification No. 12/2017- Central Tax (Rate) dated 28 June, 2017 issued under Central Goods and Services Tax Act, 2017 ('CGST') and corresponding Notifications No. - KA.N.I.-2-843/X1- 9 (47) / 17-UP. Act-1 - 2017 - Order - (10) - 2017 Lucknow, dated June 30, 2017 issued under Uttar Pradesh Goods and Service Tax Act, 2017 (UPGST Act). For qualifying exemption under the said entry, it is essential that specified services are provided to the Central Government, State Government or Union territory or local authority or a Governmental authority and there is no condition in the notification that the said services are provided directly to the Central Government, State Government or Union territory or local authority or a Governmental authority. Accordingly, the applicant is entitled for exemption if the specified services are provided to SUDA under sub-contract with main contractor.
Issues Involved:
1. Whether the Project Development Service and Project Management Consultancy services provided by the applicant to the recipient under the Contract from State Urban Development Authority (SUDA) and the Project Management Consultancy services under the Contract for PMAY qualify as an activity in relation to functions entrusted to Panchayat or Municipality under Article 243G or Article 243W respectively, of the Constitution of India. 2. If the answer to the first question is affirmative, whether such services provided by the applicant would qualify as Pure services (excluding works contract service or composite supplies involving supply of any goods) as provided in serial number 3 of Notification No. 12/2017-Central Tax (Rate) dated 28 June, 2017, and be eligible for exemption from levy of CGST and UPGST. Issue-wise Detailed Analysis: Issue 1: Qualification of Services under Article 243G or 243W of the Constitution of India - The applicant sought clarification on whether the services provided under the contract with SUDA and for PMAY are in relation to functions entrusted to Panchayats or Municipalities under Article 243G or 243W of the Constitution of India. - SUDA has been established as a state-level nodal agency under the department for Urban Employment and Poverty Alleviation by the Uttar Pradesh Government. Its main objectives include identifying urban poor, drawing up plans, implementing schemes for their benefit, and reviewing the progress of these activities. - The functions listed in the 11th and 12th schedules to the Constitution (related to Articles 243G and 243W) include urban planning, regulation of land use, construction of buildings, urban poverty alleviation, and slum improvement. - The services provided by the applicant, such as the preparation of Detailed Project Reports (DPR) and Project Management Consultancy (PMC) services, align with these functions. - The judgment concluded that the services rendered by the applicant under the contract with SUDA and for PMAY are indeed in relation to functions entrusted to Municipalities and Panchayats under Articles 243G and 243W of the Constitution of India. Issue 2: Qualification as Pure Services and Exemption from GST - The second issue was whether the services provided by the applicant qualify as Pure services (excluding works contract service or other composite supplies involving supply of any goods) as per Notification No. 12/2017-Central Tax (Rate) dated 28 June, 2017. - The scope of work under the contract included activities such as physical verification, data collection, preparation of architectural designs, project structuring, obtaining approvals, and supervision of construction work. - These services were deemed to qualify as Pure services, as they did not involve works contract services or composite supplies involving the supply of goods. - The judgment referenced similar cases and rulings, such as the Rajasthan Authority for Advance Ruling and the Appellate Authority for Advance Ruling, Maharashtra, which supported the exemption of such services provided by sub-contractors. - The ruling concluded that the services provided by the applicant qualify as Pure services and are exempt from GST under Sl. No. 3 of Notification No. 12/2017-Central Tax (Rate), dated 28 June, 2017. Ruling: 1. The services rendered under the contract with SUDA and for PMAY are in relation to functions entrusted to Municipalities under Article 243W and to Panchayats under Article 243G of the Constitution of India. 2. Such services qualify as Pure services (excluding works contract service or other composite supplies involving supply of any goods) and are accordingly exempt from the payment of GST under Sl. No. 3 of Notification No. 12/2017-Central Tax (Rate), dated 28 June, 2017. Validity: - This ruling is valid within the jurisdiction of the Authority for Advance Ruling Uttar Pradesh and subject to the provisions under Section 103(2) of the CGST Act, 2017, unless declared void under Section 104(1) of the Act.
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