2019 (3) TMI 920 - AAAR - GST

Appellate ruling: Solar Power Plant contract is a works contract under GST Act, taxed at 18%.

The appellate authority classified the contract for Erection, Procurement, and Commissioning (EPC) of a Solar Power Plant as a composite supply falling ... Composite supply - principal supply - works contract - immovable property - supply of services - Schedule II clause treating works contract as service - taxability at 18% (9% CGST + 9% RGST)Composite supply - principal supply - Turnkey EPC contract for supply and setting up of a Solar Power Generating System is a composite supply. - HELD THAT: - The Appellant's contract comprises bundled supplies of goods and services (design, procurement, supply, installation, testing and commissioning) which are naturally bundled, provided in conjunction with each other in the ordinary course of business and supplied for a single contract price. Applying the statutory definition and CBIC guidance indicators (consumer expectation, trade practice, single pricing and package character), the Authority concluded that the contract constitutes a single composite supply of goods and services rather than separate independent supplies. The Appellate Authority therefore differed with the AAR's conclusion that the contract was not a composite supply and held it to be a composite supply under Section 2(30). [Paras 6]Composite supply established; contract treated as a single composite supply of goods and services.Works contract - immovable property - supply of services - Schedule II clause treating works contract as service - taxability at 18% (9% CGST + 9% RGST) - The composite supply falls within the definition of a works contract (erection of an immovable Solar Power Generating System) and is to be treated as supply of services attracting the 18% rate. - HELD THAT: - Having found the contract to be a composite supply, the Authority examined whether the supply amounts to a 'works contract' as defined in Section 2(119). On factual review of the contract scope (site surveys, foundations, piling, detailed civil works, erection of module mounting structures, inverter rooms, trenches, transmission lines, approvals and tailoring of the system to site conditions) and relevant precedents, the Authority concluded that the transaction results in erection of a Solar Power Generating System that, by mode and object of annexation and the intention of the parties, constitutes immovable property. As Schedule II(6)(a) treats works contracts as supply of services, the composite supply falls within works contract services (SAC 9954) and is taxable as services, attracting the rate specified by the AAR (aggregate 18% - 9% CGST and 9% RGST or 18% IGST). The Authority accordingly affirmed the AAR's ultimate tax-rate conclusion while differing on the characterization as a composite supply. [Paras 6]Composite supply is a works contract resulting in erection of immovable Solar Power Generating System; treated as supply of services under Schedule II and taxable at 18% (9% CGST + 9% RGST or 18% IGST).Final Conclusion: The Appellate Authority allowed the appeal in part: the Turnkey EPC contract was held to be a composite supply which amounts to a works contract effecting erection of an immovable Solar Power Generating System, to be treated as supply of services under Schedule II and taxable at the rate of 18% (9% CGST + 9% RGST or 18% IGST); no separate determination of principal supply was required. Issues Involved:1. Classification of the contract for Erection, Procurement, and Commissioning (EPC) of Solar Power Plant as Supply of Goods or Supply of Services.2. Determination of the HSN classification and rate of tax if classified as Supply of Goods.3. Determination of the HSN classification and rate of tax if classified as Supply of Services.4. Whether the Solar Power Plant constitutes movable or immovable property.5. Determination of whether the contract is a composite supply and the principal supply therein.Detailed Analysis:1. Classification of the EPC Contract:The appellant argued that the contract for EPC of Solar Power Plant should be classified as a composite supply of goods and services, with the principal supply being the Solar Power Generating System (SPGS), thus taxable at 5%. The Authority for Advance Ruling (AAR) had earlier classified the contract as a Works Contract under Section 2(119) of the GST Act, attracting an 18% tax rate.The appellate authority examined the contract and concluded that it involved both goods and services, naturally bundled and supplied in conjunction with each other, fulfilling the definition of a composite supply under Section 2(30) of the CGST Act. However, it affirmed the AAR's decision that the contract falls under the definition of Works Contract as per Section 2(119) of the GST Act, thus taxable at 18%.2. HSN Classification and Rate of Tax if Supply of Goods:Since the contract was classified as a Works Contract and not purely as a supply of goods, this issue was not separately addressed in the judgment.3. HSN Classification and Rate of Tax if Supply of Services:The contract was classified under 'Works Contract Services' (SAC 9954) as per Notification No. 11/2017-Central Tax (Rate) dated 28 June 2017, attracting an 18% tax rate under the IGST Act or 9% each under the CGST and SGST Acts.4. Movable or Immovable Property:The appellate authority examined whether the SPGS constitutes movable or immovable property. It referred to various legal precedents and the nature of the installation process, which involves significant groundwork, soil surveys, and permanent structures. The authority concluded that the SPGS is immovable property due to its permanent nature and the impracticality of moving it without substantial damage.5. Composite Supply and Principal Supply:The appellate authority determined that the contract is a composite supply, as it involves multiple supplies of goods and services naturally bundled together. However, since the contract was classified as a Works Contract, which is treated as a supply of services under Schedule II of the CGST Act, there was no need to separately determine the principal supply.Ruling:1. The Turnkey EPC contract is classified as a composite supply under Section 2(30) of the CGST Act, 2017, falling within the definition of Works Contract under Section 2(119) of the CGST Act, 2017 (SAC 9954), attracting a tax rate of 18% (either 9% each under CGST and RGST Acts or 18% under IGST Act).2. Since the transaction is treated as a Works Contract and Schedule II of the CGST Act classifies Works Contracts as a supply of services, there is no need to determine the principal supply.