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2023 (1) TMI 229 - AAR - GSTClassification of goods - rate of tax - civil works for the construction of Kusmunda S T work and other TMS Crew rest room at various five locations within 2.8Km length of siding area in connection with construction of rail infrastructure for providing Railways siding at SECL Kusmunda Project, District Korba, Chhattisgarh - S.No. 3 (v)(a) of Notification No. 11/2017 Central Tax(Rate) dated 28.06.2017 as amended, vide Notification 01/2018 Central Tax(Rate) dated 25.01.2018. HELD THAT - In the instant case under consideration, the applicant has furnished a sample copy of letter of acceptance dated 17.1.2020 issued by RITES LIMITED issued to the said third party / firm, for and behalf of SECL in respect of technical offer opened on 11.7.2019. From the submissions as put forth by the applicant and from the said sample letter of acceptance that RITES LIMITED for and on behalf of South Eastern Coalfields Limited, (SECL), Gevra awarded to the said party / firm it is seen that the work being awarded by RITES is the work of Construction of Kusmunda S T block cabin, East and West Panel buildings for S T work and other TMS Crew rest room at various five locations within 2.8Km length of siding area in connection with construction of rail infrastructure for providing Railways siding at SECL Kusmunda Project, District Korba, Chhattisgarh for dispatch of washed and raw coal - SAC 995421 covers 'General Construction services of highways, streets, roads, railways, airfield runways, bridges and tunnels' which by their very nature relates to work of civil engineering and there exists all plausible reasons to link the same to the aforementioned work awarded by RITES LIMITED, intended to be undertaken by the applicant. Therefore, the instant supply in question gets aptly covered under SAC 9954 in general. Accordingly, in the case in hand the basic requirement for eligibility to the said exemption as provided under S.no. 3 (v)(a) of Notification No. 11/2017 Central Tax (Rate) dated 28.06.2017 as amended, of getting covered under SAC 9954 stands fulfilled. Whether the instant supply is a Composite supply? - HELD THAT - For the instant supply of Civil works to be undertaken by the applicant to be categorized as composite supply there needs to be supply of goods and services and the same should be natural bundle of supply of both and supplied in conjunction with each other in the ordinary course of business. No such details of supply of goods for the intended civil works is forthcoming from the sample letter of acceptance furnished by the applicant. Thus without substantial evidence of the works contracted/undertaken like materials/ goods to be supplied, related schedules/detailed write-up on the civil works, etc., it is practically impossible for this authority to conclude or for that matter to hold that the works as is forthcoming form the letter of acceptance, undertaken is composite supply per se. Accordingly, this authority on the basis of records furnished and available on record, is not in a position to conclusively hold that the works, as is forthcoming form the letter of acceptance issued by RITES LIMITED, intended to be undertaken by the applicant qualifies being treated as Composite supply as per Section 2 (30) of CGST Act, 2017. Exemption as provided under S.No. 3(v) (a) of Notification No. 11/2017 Central Tax (Rate) dated 28.06.2017 as amended, vide Notification 01/2018 Central Tax (Rate) dated 25.01.2018 - HELD THAT - It would be appropriate to conclude that the benefit of the entry at SI.no. 3(v)(a) of Notification No. 11/2017 Central Tax (Rate) dated 28.06.2017 is amended, vide Notification 01/2018 Central Tax (Rate) dated 25.01.2018 and various other amendments from time to time, lastly amended vide Notification no. 22/2021-Central Tax (Rate) dated 31.12.2021 would be eligible to M/s Agrawal Buildcon, C/o Agrawal Traders, Main Road, Korba, Chhattisgarh, 495677 (GSTIN-22ASSPA1067D1Z7), the applicant, subject to the fact that the works undertaken by them are Composite supply and Works Contract as per Section 2 (119) of the Act and if so the applicable GST would be @ 12% effective from 25.01.2018. In cases other than above the same attracts GST @ 18% under the residual entry at Sr. no. 3 (xii) of Notification No. 11/2017 Central Tax (Rate) dated 28.06.2017 as amended. Change on the rate of tax since 1.1.2022 - HELD THAT - It is seen that there is no change in the rate of GST in such composite supply of works contract as defined in clause (119) of the Central Goods and Services Tax Act, 2017 supplied by way of construction, erection, commissioning, or installation of original works pertaining to railways.
Issues Involved:
1. Determination of the applicable tax rate on the construction work: 12% or 18%. 2. Whether there has been any change in the tax rate since January 1, 2022. Detailed Analysis: Issue 1: Determination of the Applicable Tax Rate on the Construction Work The applicant, engaged in construction work, sought clarity on the applicable tax rate for their project involving civil works for the construction of Kusmunda S&T block cabin, East and West Panel buildings, and other TMS & Crew rest rooms in connection with rail infrastructure at SECL Kusmunda Project. Legal Position and Analysis: - The relevant provisions of the CGST Act, 2017 and the Chhattisgarh GST Act, 2017 are similar, and references to the CGST Act also apply to the CGGST Act. - Section 97(2) of the CGST Act, 2017 allows advance ruling on issues such as classification of services, applicability of notifications, and determination of tax liability. - Section 103 of the CGST Act, 2017 states that an advance ruling is binding only on the applicant and the concerned officer. Applicable Notifications: - The key notification is Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017, as amended by various subsequent notifications, including Notification 01/2018 and Notification 22/2021. - The relevant entry is S.No. 3(v)(a) of Notification No. 11/2017, which pertains to composite supply of works contracts related to railways, including monorail and metro, attracting a GST rate of 12%. Conditions for Eligibility: - The service should fall under Heading 9954 (Construction Services). - It should be a "Composite Supply" as defined under Section 2(30) of the CGST Act, 2017. - It should qualify as a "Works Contract" as defined under Section 2(119) of the CGST Act, 2017. - The work should pertain to the construction, erection, commissioning, or installation of original works related to railways. Findings: - The applicant's work falls under SAC 995421, covering general construction services of railways. - The work must be a "Composite Supply," involving naturally bundled goods and services supplied together. However, the applicant did not provide sufficient details to confirm this. - The work must qualify as a "Works Contract," involving immovable property and transfer of property in goods. The applicant did not provide sufficient evidence to confirm this. - The work pertains to railways, as defined under Section 2(31) of the Railways Act, 1989, and includes construction of rail infrastructure for dispatching coal. Conclusion: - If the applicant's work qualifies as a "Composite Supply" and "Works Contract," the applicable GST rate would be 12% effective from January 25, 2018. - If the work does not meet these criteria, the applicable GST rate would be 18% under the residual entry at Sr. no. 3(xii) of Notification No. 11/2017. Issue 2: Change in Tax Rate Since January 1, 2022 Findings: - There has been no change in the GST rate for composite supply of works contracts related to railways since January 1, 2022. Conclusion: - The GST rate for such works contracts remains unchanged since January 1, 2022. Order: Ruling: 1. The benefit of the 12% GST rate under entry S.no. 3(v)(a) of Notification No. 11/2017 is available to the applicant if the work qualifies as a "Composite Supply" and "Works Contract." Otherwise, the GST rate is 18%. 2. There has been no change in the GST rate for such works contracts since January 1, 2022.
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