2018 (12) TMI 591 - AAR - GST

Ruling: CIDCO qualifies as 'Government Entity' under Notification 31/2017-Central Tax, eligible for 12% tax rate

In Re: Leena Power Tech Engineers Pvt. Ltd.

The case involved determining whether CIDCO qualifies as a 'Government Entity' under Notification No. 31/2017-Central Tax (Rate) and if a concessional tax ... Government Entity or not - N/N. 31/2017-Central Tax (Rate) dated 13 October 2017 - CIDCO is a Government Entity or not - rate of tax - whether taxable at the rate of 12% or not?. - Power Supply Infrastructure Development work. Held that:- CIDCO is constituted and established by the State Government of Maharashtra with 100% participation by way Of Equity or Control to carry out the function of development of new township of New Bombay and therefore CIDCO is clearly covered under the definition of ‘Government Entity’. Rate of tax - concessional rate of GST @ 12%, with effect from 13.10.2017, as effected by the amendment in Notification No. 11/2017 - Held that:- CIDCO is covered under the definition of ‘Government Entity’ inserted as an amendment in the original Notification No 11/2017-CT(Rate) dated 28.06.2017 vide Notification No. 31/2017-CT(Rate) dated 13.10.2017. Applicant in their application for advance ruling has stated that the contracts undertaken by them are original works, that the term original works has not been defined in GST Act, that as per the definition under the erstwhile Finance Act, 1994, i) All new constructions, ii) All types of additions and alterations to abandoned or damaged structures on land that are required to make them workable; iii) Erection, commissioning or installation of plant, machinery or equipment or structures, whether pre-fabricated or otherwise - As per para 1.3.1 of CPWD Manual, 2014, “original works” means (i) all new constructions, (ii) all types of additions, alterations and/ or special repairs to newly acquired assets, abandoned or damaged assets that are required to make them workable. (iii) major replacements or remodeling of a portion of an existing structure or installation or other works, which results in a genuine increase in the life and value of the property. Taking into consideration the nature of works contracts allotted to the applicant, it is found that the works to be undertaken by them can be considered as “original work”. Thus, the works undertaken by them are in the nature of original works. Whether they are fulfilling the conditions in respect of Government Entity as inserted vide Notification No. 31/ 2017 dated 13.10.2017? - Held that:- The application does not have any explanation/ evidence to substantiate the fulfillment of this condition. However in terms of paras 3 & 4 of Govt. of Maharashtra Resolution dated 25.06.2014, the work of rehabilitation and resettlement with respect to Navi Mumbai International Airport has been given to M/s. CIDCO. As such condition in Column 5 of the Table is fulfilled as far as the first contract (work order) dated 21.06.2017 is concerned - As regards other contract (work order) dated 11.01.2013, the same is to be completed in Ulwe Node. As per Notification dated 20.03.1971 issued by Government of Maharashtra Ulwe is notified as a site for development. In this case also, the condition in Column 5 of the Table is fulfilled - Therefore applicant is eligible for benefit of Sr. No. 3 of item no (vi)(a) of Notification No. 11/2017 - Central Tax read as amended. With effect from 14.11.2017 only such activity that is composite supply of works contract as defined in clause 119 of Section 2 of the Central Goods and Service Tax Act, 2017 would be eligible for benefit of the Notification against aforesaid Sr. No. and item No. in view of Notification No. 46/2017 - Central Tax (Rate) dtd. 14.11.2017. Ruling:- CIDCO is covered under the definition of the term ‘Government Entity’ as per Notification No. 31/2017 - Central Tax (Rate) dated 13 October 2017. Concessional rate of tax@ 12% would be applicable in respect of supply of goods/ services, after coming into effect of notification No. 31/2017 CT (Rate) dated 13.10.2017. Issues Involved:1. Whether CIDCO is covered under the definition of 'Government Entity' as per Notification No. 31/2017-Central Tax (Rate) dated 13 October 2017.2. If CIDCO falls under the definition of Government Entity, whether the tax rate of 12% (CGST 6% + SGST 6%) is applicable to the contract entered into by the Applicant with CIDCO.Issue-Wise Detailed Analysis:1. Whether CIDCO is covered under the definition of 'Government Entity' as per Notification No. 31/2017-Central Tax (Rate) dated 13 October 2017:The applicant, Leena Powertech Engineers Pvt. Ltd., engaged in electrification projects, sought clarification on whether CIDCO falls under the definition of 'Government Entity' as per Notification No. 31/2017-Central Tax (Rate) dated 13 October 2017. CIDCO, a 100% Government of Maharashtra owned Public Sector Undertaking, was established on 17 March 1970 under the Companies Act, 1956. CIDCO's establishment and operations were detailed through various resolutions and notifications by the Government of Maharashtra, highlighting its role in urban development and town planning.The definition of 'Government Entity' as per Notification No. 31/2017 is:“Government Entity” means an authority or a board or any other body including a society, trust, corporation,i) set up by an Act of Parliament or State Legislature; orii) established by any Government,with 90 percent or more participation by way of equity or control, to carry out a function entrusted by the Central Government, State Government, Union Territory or a local authority.Upon examining the resolutions and notifications, it was evident that CIDCO was established by the State Government of Maharashtra with 100% equity and control, to carry out functions such as urban development and town planning. Therefore, CIDCO meets the criteria of a 'Government Entity' as per the notification.2. If CIDCO falls under the definition of Government Entity, whether the tax rate of 12% (CGST 6% + SGST 6%) is applicable to the contract entered into by the Applicant with CIDCO:The applicant sought clarification on whether the concessional tax rate of 12% (CGST 6% + SGST 6%) is applicable to their contracts with CIDCO, as per Notification No. 24/2017-Central Tax (Rate) dated 21 September 2017, read with Notification No. 31/2017-Central Tax (Rate) dated 13 October 2017. The relevant part of the notification states:“(vi) Services provided to the Central Government, State Government, Union Territory, a local authority, a Governmental Authority or a Government Entity by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of -(a) a civil structure or any other original works meant predominantly for use other than for commerce, industry, or any other business or profession;(b) a structure meant predominantly for use as (i) an educational, (ii) a clinical, or (iii) an art or cultural establishment; or(c) a residential complex predominantly meant for self-use or the use of their employees or other persons specified in paragraph 3 of the Schedule III of the Central Goods and Services Tax Act, 2017.”The applicant’s contracts with CIDCO involved the development of power supply infrastructure, which qualifies as 'original works.' Additionally, CIDCO's projects, such as the rehabilitation and resettlement related to the Navi Mumbai International Airport, are for non-commercial purposes, fulfilling the conditions of the notification.The jurisdictional officer confirmed that CIDCO is a Government Entity and that the contracts in question are original works meant predominantly for non-commercial use. Therefore, the concessional tax rate of 12% (CGST 6% + SGST 6%) is applicable to the contracts entered into by the applicant with CIDCO.Order:Question 1: Whether CIDCO is covered under the definition of the term 'Government Entity' as per Notification No. 31/2017 - Central Tax (Rate) dated 13 October 2017Rs.Answer: Yes, CIDCO is covered by the definition of the term 'Government Entity' as per Notification No. 31/2017 - Central Tax (Rate) dated 13 October 2017.Question 2: If CIDCO falls under the definition of Government Entity, whether the tax rate of 12% (CGST 6% + SGST 6%) is applicable to the contract entered into by the Applicant with CIDCO, in pursuance of Notification No. 24/2017 - Central Tax (Rate) dated 21 September 2017 read with Notification No. 31/2017 - Central Tax (Rate) dated 13 October 2017Rs.Answer: Yes, the concessional rate of tax @ 12% would be applicable in respect of supply of goods/services, effective from the date of Notification No. 31/2017-CT (Rate) dated 13 October 2017.