GST payable on composite supply of Work Contract involving earth work: Maharashtra AAR

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The Maharashtra Authority of Advance Ruling (AAR), consisting of members Ranji Magoo and T.R. Ramnani, has ruled that GST is payable on the composite supply of work contracts involving earth work.

The applicant, M/s. Mahalxmi BT Patil Honai Constructions JV, a GST registered company, is in the business of construction of infrastructure projects, was formed to undertake the construction of Jeur Tunnel Under Krishna Marathwada Irrigation Project. This is a work allotted by the Executive Engineer, Lift Irrigation Division, Osmanabad Project, awarded by Godavari Marathwada Irrigation Development Corporation (GMIDC), Aurangabad.

The work order consisted of earth work such as excavation for a tunnel, removing excavated stuff, fabrication, transporting, providing steel support, rock bolting, reinforcement, fixing of chain link, cement concreting, providing drainage arrangement, etc., of which total earth work was approximately 91% and construction work was around 9%, which involved the transfer of property.

The applicant sought an advance ruling on the issue of whether the contract under earth work is exempted under SI No. 3A-Chapter No. 9954 as per Notification No. 12/2017-C.T. (Rate) dated June 28, 2017, as amended by Notification No. 2/2018-C.T. (Rate) dated January 25, 2018, w.e.f. January 25, 2018.

Sr. No. 3A of Notification No. 12/2017-C.T. (Rate) dated June 28, 2017 covers composite supply of goods and services in which the value of supply of goods constitutes not more than 25 per cent, of the value of the composite supply provided to the Central Government, State Government or Union territory or local authority or a Governmental authority or a Government Entity by way of any activity in relation to any function entrusted to a Panchayat under article 243G of the Constitution or in relation to any function entrusted to a Municipality under article 243W of the Constitution.

The applicant submitted that the work order consists of earth work, such as excavation for a tunnel, removing of excavated stuff, fabrication, transporting, providing steel support, rock bolting, reinforcement, fixing of chain link, cement concreting, providing drainage arrangement, etc. wherein total earth work is around 91% and the remaining 9% is construction work wherein, transfer of property is involved. According to the applicant, the activity is a composite supply of works contract as defined in clause (119) of section 2 of the CGST Act, 2017, where such supply is to a governmental authority or government entity.

The AAR has ruled that the primary requirement under Sr. No. 3A is that the supply should be in the form of a “composite supply of goods and services”. However, the activity of earth work is a “composite supply of works contract” as defined in clause (119) of section 2 of the CGST Act, 2017. The activity cannot be covered by Sr. No. 3A because it is a composite supply work contract.

Applicant’s Name: Mahalakshmi Bt Patil Honai Construction

Source from: https://www.livelaw.in/tax-cases/maharashtra-aar-cgst-act-gst-godavari-marathwada-irrigation-development-corporation-gmidc-196667

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