2022 (8) TMI 1237 - AAR - GST

Classification of services - rate of GST - Composite supply of works contract - construction, erection, commissioning or installation of original works pertaining to single residential unit otherwise than as a part of a residential complex - applicability of N/N. 11/2017 - HELD THAT - As per the Scheme of Classification of Services notified as Annexure to Notification No.11/2017-Central Tax (Rate) dated 28.06.2017 the Heading 9954 - Group 99541 - 995411 pertains to construction services of single dwelling or multi-dwelling or multi-storied residential buildings and the Heading 9954 - Group 99546 - 995466 pertains to lift and escalator installation services - As per the submissions of the applicant the work orders are given by clients for supply, erection and commissioning of lifts tailor-made as per customer specifications and hence the services are appropriately classifiable under SAC 995466 being the most specific description. Rate of GST - HELD THAT - The supply, erection, commissioning and installation of tailor/custom made lifts/elevators undertaken by the applicant falls under SAC 995466 and attracts GST at the rate of 18% as per the above entry irrespective of whether it is installed or intended to be used in a single dwelling or multi-dwelling or multi-storied residential or industrial or commercial buildings.

Summary

Issues involved:
Classification of service provided; Applicability of rate notification 11/2017 Central Tax (Rate)

Classification of service provided:
The applicant, a partnership firm engaged in the supply, erection, commissioning, and installation of elevators, sought an advance ruling on the classification of services provided. The applicant contended that the supply of elevators, tailor-made as per customer specifications, falls under Heading 8428 and is charged GST at 18%. They argued that the composite supply of works contract services under Heading 9954 should be charged at 18% as well. The applicant highlighted that for elevators installed in single residential units, a reduced GST rate of 12% applied as per Notification No. 11/2017 for works contract services. The jurisdictional officer, however, maintained that the GST rate for elevator services under SAC 995466 is 18%, irrespective of the installation location or usage. The applicant's contention was further supported by citing the case law of Kone Elevator India Pvt. Ltd. vs State of Tamil Nadu, emphasizing that the installation of lifts as permanent fixtures qualifies as a composite supply of works contract under the CGST Act, 2017.

Applicability of rate notification 11/2017 Central Tax (Rate):
Regarding the applicability of the rate notification 11/2017 Central Tax (Rate), the applicant argued that the supply, erection, and commissioning of tailor/custom-made lifts/elevators should be classified under SAC 995466 and attract GST at 18%, as per the entry in the notification. The ruling authority concurred with the applicant's argument, stating that the service provided falls under SAC 995466 - Installation services of lifts, escalators, etc., and is liable to GST at 18% [CGST - 9% + SGST - 9%] as per the specific entry in the notification. The ruling clarified that this rate applies regardless of whether the elevators are installed in single dwelling units, multi-dwelling buildings, or commercial structures, aligning with the specific description for classification purposes under the CGST Act, 2017.

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