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TMI BlogGST in electricity charges provided to ContractorsX X X X Extracts X X X X X X X X Extracts X X X X ..... GST in electricity charges provided to Contractors X X X X Extracts X X X X X X X X Extracts X X X X ..... nthly basis without charging GST due to electricity is "NON GST" product. Whether GST is applicable on electricity which is provided to contractors. Kindly advise. Regards Sanjoy Das Reply By KASTURI SETHI: The Reply: Is there any contract/agreement with the contractor ? If so, terms and conditions have to be seen. I am not aware of full facts of your issue. However, I am giving gen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eral information. General information for your knowledge Exemption from electricity is conditional. It is exempted only if transmitted or distributed by an electricity transmission or distribution Utility (i.e. Electricity Board, Central Electricity Authority, State Transmission Utility or Central Transmission Utility ). Read Serial no.25 of Notification No.12/17-CT(Rate) dated 28.6.17. No exemp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion is available to you. 996912 Electricity Distribution services This service code includes services involving distribution of electricity; maintenance of electric meters. Rate of tax is 18% vide Notification No.11/17-CT (Rate) dated dated 28.6.17 as amended up to 30.9.19. It may be composite supply. Reply By Sanjoy Das: The Reply: Thanks Sir, There is contract/agreement between manuf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acturer with contractor and there condition is that the manufacturer has to supply the electricity for running the contractual work on chargeable basis. Accordingly manufacturer has been debiting the electricity charges as per meter reading on monthly basis without charging GST. Kindly advise against this type of contract we would charge GST on electricity consumed by contractor. Regards Sanjo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Das Reply By KASTURI SETHI: The Reply: Yes. GST is applicable in this scenario. It is a composite supply. You will have to pay GST on the supply of electricity. Reply By KASTURI SETHI: The Reply: Also consult your C.A./Advocate as contracts/agreements are to be examined. Reply By SHARAD ANADA: The Reply: Refer AAR in case of E-SQUARE LEISURE PVT. LTD AUTHORITY FOR ADVANCE RULING, MAHARASHT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RA 2019 (4) TMI 421 Reply By KUNAL DESAI: The Reply: Agreed with the reply of Kasturiji. Reply By CAVenkataprasad Pasupuleti: The Reply: It can be said that the transaction is supply of electricity and exempted from GST vide sl. No. 104 of Notification no. 2/2017-C.T (R) dated 28.06.2017 as amended. Reply By KASTURI SETHI: The Reply: Electricity is a goods but here is the question of transmi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion or distribution of electricity.Supply of 'electrical energy' is exempt but in terms of Notification No. 2/2017-Central Tax (Rate), dated 28-6-2017 (serial no.104) but under the Notification No. 12/2017-Central Tax (Rate) dated 28.6.17 as amended the value attributable to 'transmission and distribution of electricity' shall be taxable as the same is being provided by the querist who is not co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vered under the definition of "electricity transmission or distribution utility". It appears that the querist is also not a pure agent in this scenario. Reply By KASTURI SETHI: The Reply: The issue before us to explore the admissibility of exemption under the supply of service (transmission or distribution of electricity) falling under SAC 9969 and NOT for manufacture and supply of goods i.e. el ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ectrical energy classified under Chapter/Heading/Sub-heading no. 2716 00 00. Electricity and electrical energy are not same things. Reply By CAVenkataprasad Pasupuleti: The Reply: The queriest is supplying the electricity and charging towards the sale of electricity, not for mere transmission & distribution charges. Hence, I opine that the transaction is pure supply of electricity and exempted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from GST. Reply By Ganeshan Kalyani: The Reply: Whether anybody can sell "Electricity"? Reply By KASTURI SETHI: The Reply: Sh.Ganeshan Kalyani Ji, Yes. Electricity is being manufactured and sold by companies e.g. Tata Power Solar Systems etc. Reply By KASTURI SETHI: The Reply: Sh.Ganeshan Kalyani Ji, Big companies are engaged in the manufacture, transmission or distribution of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... electricity. Big companies supply electricity to various Electricity Boards etc. But here it appears to me that the party is engaged in distribution of electricity. Moreover, composite supply is involved. During my service, I have dealt with such case . Pl. examine and give your independent opinion without any hiccup. Reply By Ganeshan Kalyani: The Reply: Whether anybody can sell "Electric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity"? By this question I meant whether manufacture, in this query, is an electricity transmission or distribution utility. If he is so then it would be supply of electricity energy and exempted from GST. Otherwise, it would to supply of service (transmission or electricity distribution) and would attract GST. The querist has to clarify the nature of manufacturing activity. Reply By KASTUR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I SETHI: The Reply: Sh.Ganeshan Kalyani Ji, I agree with you. In GST era, tax is leviable on 'supply' and not on 'manufacture' as it was in pre-GST era. There is a definition of 'manufacture' in CGST Act. Supply of goods and supply of service are different concepts. There is no change in the language mentioned in the respective tariff description and in service descripti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on in SAC.
Reply By YAGAY andSUN:
The Reply:
Please check the following Advance Ruling on this matter. This ruling connotes the very view of Kasturi Sir.
Inox Air Products Pvt Ltd. 2018 (6) TMI 518- Authority for Advance Rulings Gujarat. X X X X Extracts X X X X X X X X Extracts X X X X
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