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Final rate of GST @12% on Government Works Contracts

CASanjay Kumawat
GST rate on government works contracts reduced for specified public and social infrastructure, affecting tax treatment and compliance. The notification amends GST rates for works contracts by prescribing reduced tax treatment for specified categories of construction and related services supplied to the Government or other recipients, including heritage conservation, irrigation and water treatment works, roads and bridges, certain urban housing and public infrastructure, railways, single residential units and specified agricultural storage and handling systems; contracts not falling within the listed categories remain subject to the general higher rate. The amendment applies to ongoing and new contracts and raises compliance questions on reverse charge liability for labour and input tax credit on materials. (AI Summary)

The Central Government vide Notification No. 20/2017-Integrated Tax (Rate) ,dt. 22-08-2017, has amended the GST rate on Government contracts to 12 percent from 18 percent. This rate would be applicable for ongoing as well as new contracts. Amended rate structure for construction and works contracts are as follows:

@18 Percent

(i) Construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certificate, where required, by the competent authority or after its first occupation, whichever is earlier. (Provisions of paragraph 2 of this notification shall apply for valuation of this service) 

@18 Percent

(ii) composite supply of works contract as defined in clause 119 of section 2 of Central Goods and Services Tax Act, 2017.

@12 Percent

“(iii) Composite supply of works contract as defined in clause (119) of section 2 of the Central Goods and Services Tax Act, 2017, supplied to the Government, a local authority or a Governmental authority by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of, -

(a) a historical monument, archaeological site or remains of national importance, archaeological excavation, or antiquity specified under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958);

(b) canal, dam or other irrigation works;

(c) pipeline, conduit or plant for (i) water supply (ii) water treatment, or (iii) sewerage treatment or disposal.

@12 Percent

(iv) Composite supply of works contract as defined in clause (119) of section 2 of the Central Goods and Services Tax Act, 2017, supplied by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of,-

(a) a road, bridge, tunnel, or terminal for road transportation for use by general public;

(b) a civil structure or any other original works pertaining to a scheme under Jawaharlal Nehru National Urban Renewal Mission or Rajiv Awaas Yojana;

(c) a civil structure or any other original works pertaining to the “In-situ rehabilitation of existing slum dwellers using land as a resource through private participation” under the Housing for All (Urban) Mission/Pradhan Mantri Awas Yojana, only for existing slum dwellers; (d) a civil structure or any other original works pertaining to the “Beneficiary led individual house construction / enhancement” under the Housing for All (Urban) Mission/Pradhan Mantri Awas Yojana;

(e) a pollution control or effluent treatment plant, except located as a part of a factory; or (f) a structure meant for funeral, burial or cremation of deceased.

@12 Percent

(v) Composite supply of works contract as defined in clause (119) of section 2 of the Central Goods and Services Tax Act, 2017, supplied by way of construction, erection, commissioning, or installation of original works pertaining to,-

(a) railways, excluding monorail and metro;

(b) a single residential unit otherwise than as a part of a residential complex;

(c) low-cost houses up to a carpet area of 60 square metres per house in a housing project approved by competent authority empowered under the 'Scheme of Affordable Housing in Partnership' framed by the Ministry of Housing and Urban Poverty Alleviation, Government of India;

(d) low cost houses up to a carpet area of 60 square metres per house in a housing project approved by the competent authority under- (1) the “Affordable Housing in Partnership” component of the Housing for All (Urban) Mission/Pradhan Mantri Awas Yojana; (2) any housing scheme of a State Government;

(e) post-harvest storage infrastructure for agricultural produce including a cold storage for such purposes; or

(f) mechanised food grain handling system, machinery or equipment for units processing agricultural produce as food stuff excluding alcoholic beverages.

@18 Percent

(vi) Construction services other than (i), (ii), (iii), (iv) and (v) above.

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ravi singh on Dec 6, 2017

sir

my question is about work contract

ravi singh on Dec 6, 2017

1. is rcm applicable on labour charge in worck contract service

2. can i take input of raw material purchse for construction work as a work contractor

3 what is the rate of gst on work contract , on commercial hotel for other person

NAVEEN CHHAPARWAL on Feb 18, 2018

RESPECTED SIR,

I RECEIVED WORK CONTRACT FOR WATER SUPPLY AND SEVERAGE TRATMENT PLANT FROM PWD DEPARTMENT. I WANT TO KNOW WHAT IS GST RATE APPLICABLE AND IF INPUT ITEM USED IN THIS CONTRACT CAN I TAKE INPUT ON SAME AND ALSO IF I RECEIVED CONTRACT FROM OTHER THEN GOVT. DEPT. WHAT IS GST RATE AND TRATMENT??

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