Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

Comments

Print   |    |  Comment

PJ/Case Law/2016-2017/3455

Whether a contract for construction of power lines, erection of transmission towers and transformers would result in a divisible contract or an indivisible contract i.e.; works contract and if such contract attracts 12% rate of tax of GST.
Case:SKILLTECH ENGINEERS & CONTRACTORS PVT. LTD.
Citation:2018 (13) G.S.T.L. 251 (A.A.R. - GST)
Issue:Whether a contract for construction of power lines, erection of transmission towers and transformers would result in a divisible contract or an indivisible contract i.e.; works contract and if such contract attracts 12% rate of tax of GST.
Brief facts:M/s. Skilltech Engineers & Contractors Private Ltd. (hereinafter referred to as ‘applicant’) holding GSTIN Number 29AACCS5478F1Z0, having registered address at 2nd Floor, 2904 CH 67, Saraswathipuram, Mysuru - 570 009, are registered taxable person, have filed an application, on 5-12-2017, for advance ruling under Section 97 of CGST Act, 2017, KGST Act, 2017 & IGST Act, 2017 read with Rule 104 of CGST Rules, 2017 & KGST Rules, 2017, in form GST ARA-01. They enclosed copy of challan for Rs. 10,000/- bearing CIN Number ICIC17122900004271, dated 1-12-2017 towards the fee for advance ruling and hence the instant application is admitted.
2. The applicant is engaged in execution of works awarded by M/s. Karnataka Power Transmission Corporation Limited (hereinafter referred to as “KPTCL”), for   The contract with KPTCL is a single composite contract, but with three connected agreements for Supply of Materials, Erection and Civil Works respectively. All the three agreements were awarded to the applicant in response to a single tender notification and the general terms and conditions are commonly applicable to all the three agreements.
Appellant’s contention: Sri. L. Arun kumar, Executive Director of the applicant concern appeared and presented the case. The applicant stated that a single bid/tender was called for by KPTCL, for composite activities of supply of material, erection of the same and civil works associated with the erection. He further explained that three separate agreements were entered into for the three different activities, after identifying the successful bidder. Moreover, the question on which advance ruling has been sought for is with regard to divisibility of the contract into three agreements.            That the clarification is required as to whether KPTCL is a Government body or not so as to claim the concessional rate of GST @ 12% in pursuance of Notification No. 24/2017-Central Tax (Rate), dated 21-9-2017.
Respondent’s Contention and Reasoning of Judgement:The authority for Advance Ruling stated that it has considered the submissions made by the Applicant in their application for advance ruling as well as the submissions made by Sri L. Arun kumar, Executive Director, during the personal hearing. We also considered the questions/issues on which advance rulings have been sought for by the applicant, relevant facts having bearing on the questions/issues raised, and the applicant’s understanding/interpretation of law in respect of the issue. Section 2 Clause 119 of CGST Act, 2017 defines “works contract” as a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract.The composite supply of works contract as defined at Section 2 Clause 119 of CGST Act, 2017 is treated as supply of service in terms of Serial No. 6, Schedule II of CGST Act, 2017. In the instant case, the applicant, being the successful bidder, got the single composite contract, but with three connected agreements for Supply of Materials, Erection & Civil Works respectively. All the three agreements were awarded to the applicant in response to a single tender notification & the general terms and conditions are commonly applicable to all the three agreements. The applicant is supplying the material and providing the erection of towers service and also civil works service. Therefore the contract entered by the applicant is of the nature of ‘indivisible’ and squarely falls under the works contract, which is a service. The applicant at point II of Annexure A has reproduced a portion of the Notification No. 24/2017-Central Tax (Rate), dated 24-9-2017 and highlighted the words ‘State Government’. They also mentioned that “KPTCL is covered under the definition of State Government”. The applicant therefore contends that they are providing services to ‘State Government’ and are thus eligible for the tax rate enumerated in the aforesaid notification. A statutory body, corporation or an authority created by the Parliament or a State Legislature is neither ‘Government’ nor a ‘local authority’. Such statutory bodies, corporations or authorities are normally created by the Parliament or a State Legislature in exercise of the powers conferred under Article 53(3)(b) and Article 154(2)(b) of the Constitution respectively. It is a settled position of law (Agarwal v. Hindustan Steel - AIR 1970 Supreme Court 1150) that the manpower of such statutory authorities or bodies does not become officers subordinate to the President under Article 53(1) of the Constitution and similarly to the Governor under Article 154(1). Such a statutory body, corporation or an authority as a juridical entity is separate from the State and cannot be regarded as the Central or a State Government and also do not fall in the definition of ‘local authority’. Thus, regulatory bodies and other autonomous entities would not be regarded as the Government or local authorities for the purposes of the GST Acts. Therefore M/s. KPTCL cannot be a State Government. Further M/s. KPTCL, who awarded the contract to the applicant, are registered under Companies Act, 1956 as a company and is a separate entity. Therefore it cannot be considered as the State Government or a State Government Authority. Hence the applicant is not entitled for the benefit of the concessional rate of GST @ 12%, in terms of Notification No. 24/2017-Central Tax (Rate), dated 21-9-2017.
Decision:The contract entered by the applicant is of the nature of ‘indivisible’ and squarely falls under the works contract, which is a service. Moreover, the applicant is not entitled for the benefit of concessional rate of GST @ 12% in terms of Notification No. 24/2017-Central Tax (Rate), dated 21-9-2017.
Comment: The gist of this case is that the three connected agreements for supply of materials, erection and civil works respectively are of indivisible nature and thus it results in a works contract. Furthermore, the rate of tax under the GST Act for such services is 12%, if the construction has been done under the schemes prescribed by the government.
Prepared by:  Adit Gupta
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com