9911796707
TMI Blog2024 (8) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... e in rate of tax vide Notification No. 03/2022-CT (Rate) dated 13.07.2022 w.e.f. 18.07.2022) and no payment against price escalation has been made. Further, invoices are proposed to be issued. So, rate of tax can be decided in view of the provisions of Section 14(a) (i) of the CGST Act, 2017 which is 18%. - SRI ABHAY GUPTA AND SRI NIHAR RANJAN NAYAK, MEMBER Present for the Applicant in the Personal hearing : Chandan Ghosh, AR. Subject: Universal MEP Projects Engineering Services Ltd (herein after referred to as the 'Applicant') having principal place of business/registered office/corresponding address at B-15, 1st Floor, Arihant Tower, Saheed Nagar, Bhubaneswar, Odisha-751007 bearing GSTIN 21AAACR5512K1ZP has filed an application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Supply Project in Sudergarh District of Odisha. Subsequently, Water Management Business Division of Voltas Ltd. was transferred to the applicant-company by Voltas Ltd. the aforesaid contract has been executed by the applicant. 2.2 The Applicant sated that Clause no. 19.10 at page 80 to 83 of the aforesaid contract provided for price variation based on the formula stated therein for raw materials labour charges. 2.3 The Applicant has been executing the said contract submitted its invoices to the contractee RWSS charging CGST + SGST of 6% + 6% respectively (total 12%) under notification no. 24/2017-Central Tax (Rate) dt 21.09.2017 prior to 18/07/2022. The rate of tax on these invoices / services rendered is not the subject matter of the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion to the Applicant, the jurisdictional officer of State GST jurisdictional officer of Central GST (intimated through their respective Commissionerates along with a copy of the application and the written submission of the Applicant). The Applicant through its representative Shri Chandan Ghosh, AR appeared for personal hearing. Shri Ghosh re-iterated the submission already furnished in the application filed for advance ruling and requested to decide the issue accordingly. The Revenue has neither submitted its comments nor appeared for personal hearing. Discussion findings 4.0 We have gone through the advance ruling application, question on which advance ruling has been sought and the Applicant's interpretation of law and/or facts, as t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dt 21.09.2017 (as amended from time to time on aforesaid services was 12% (CGST@6% SGST@6%). However, as per the recommendations of 47th GST Council meeting held on 28th 29th June, 2022 and in view of notification No.03/2022-CT(R) dated 13.07.2022, the rate of CGST became 9% in place of 6% on Works contract supplied to Central and State Government, Local authorities for historical monuments, canals, pipelines, plant for water supply, educational institutions, hospitals etc., subcontractor thereof. 4.3 The moot issue before us to decide is the applicable rate of GST on supplementary invoice proposed to be issued, by the applicant for price escalation against the works contract services executed prior to 18.07.2022. To determine the rate of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the invoice has been issued and payment is received before the change in rate of tax, the time of supply shall be the date of receipt of payment or date of issue of invoice, whichever is earlier; or (iii) where the invoice has been issued after the change in rate of tax but the payment is received before the change in rate of tax, the time of supply shall be the date of issue of invoice: Provided that the date of receipt of payment shall be the date of credit in the bank account if such credit in the bank account is after four working days from, the date of change in the rate of tax. Explanation : For the purposes of this section, the date of receipt of payment shall be the date on which the payment is entered in the books of account of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2022-CT (Rate) dated 13.07.2022 w.e.f. 18.07.2022) and no payment against price escalation has been made. Further, invoices are proposed to be issued. So, rate of tax can be decided in view of the provisions of Section 14(a) (i) of the CGST Act, 2017 indicated at SI. No.l of Table 1, as above which is 18% ( CGST @ 9% SGST @ 9%) . 5.0 We pass the following order: Q.1 Whether the applicable rate of GST under the CGST SGST Act, 2017 will be 6%+6% respectively (total 12%) under Notification No. 24/2017-Central Tax (Rate) dated 21.09.2017 (as amended from time to time) or 9% + 9% respectively (total 18%) in view of the amendment to the said Notification No. 3/2022-CT (Rate) dated 13.07.2022 read with Section 14 of CGST SGST Acts, 2017 for price ..... X X X X Extracts X X X X X X X X Extracts X X X X
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