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2023 (3) TMI 1254 - AAR - GSTClassification of services - rate of GST - applicant's tender of work contract under Chief Minister Jan Awas Yojna, is subjected to 9 % CGST and SGST each post 01.01.2022 or not - HELD THAT - The applicant filed their application before the Rajasthan Authority for Advance Ruling (RAAR) on 03.07.2022 i.e. much later from the execution of contract under CMJAY from dated 25.01.2021. We observe that the applicant is well aware about the type of supply, its notification, circular, discharging his GST tax liability and submitting his GST returns in accordance to them wef execution of contract. Thus it is observed that Rajasthan Authority for Advance Ruling should pronounce the decision in light of law situation arise after application come in process. Thus, in this case applicant is providing service to Rajasthan Housing Board, the applicant will be liable to pay GST @18% in light of Notification No. 03/2022- Central Tax (Rate) Dated 13th July, 2022.
Issues:
1. Interpretation of GST rates on work contract under Chief Minister Jan Awas Yojna. 2. Applicability of CGST and SGST at 9% post 01.01.2022. 3. Clarification on Notification 15/2021 and its impact on tax rates. 4. Jurisdictional officer's comments on GST liability payment. 5. Analysis of Notification No. 03/2022 and its implications. 6. Timing of application submission and its impact on the ruling. Detailed Analysis: 1. The applicant, engaged in construction services, sought an advance ruling on whether their work contract under Chief Minister Jan Awas Yojna is subject to 9% CGST and SGST each post 01.01.2022. The applicant highlighted discrepancies in the application of GST rates by Rajasthan Housing Board (RHB) after a specific amendment. 2. The Advance Ruling Authority acknowledged the applicant's confusion regarding RHB's charging of GST, clarifying that the service provider is liable to pay GST directly to the tax department. Despite this, the Authority admitted the application for ruling on the eligibility of the Notification on tax rates for the services provided. 3. The Authority observed that the applicant's services under the CMJAY scheme were related to the 'Housing for all' initiative. It noted the increase in GST rates for works contracts involving construction services to 18% as per Notification No. 03/2022 dated 13th July 2022, impacting the applicant's tax liability. 4. Considering the timing of the application submission, the Authority emphasized the applicant's awareness of tax obligations and the need to adhere to prevailing regulations. It highlighted the responsibility of the applicant to comply with tax laws from the contract execution date. 5. After thorough analysis, the Authority ruled that the services provided by the applicant to RHB post 13.07.2022 would attract a GST rate of 18%. The ruling clarified the applicable tax rate in light of the Notification No. 03/2022 and the nature of the services provided under the CMJAY scheme. This detailed analysis of the judgment provides insights into the interpretation of GST rates, the impact of specific notifications, and the timing considerations for seeking advance rulings in tax matters.
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