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of <h1>GST Rates Clarified: IIT Bhubaneswar's Projects Assessed Separately; Different Rates for Educational vs. Residential Buildings.</h1> <h3>In Re: M/s. NBCC (INDIA) Limited,</h3> In Re: M/s. NBCC (INDIA) Limited, - 2021 (46) G. S. T. L. 438 (A. A. R. - GST - Odisha) Issues Involved:1. Classification of the nature of supply made by the Applicant to IIT, Bhubaneswar.2. Determination of IIT, Bhubaneswar as a 'Governmental Authority' or 'Government Entity'.3. Applicability of concessional tax rate for works contract service of construction of IIT Bhubaneswar Campus.4. Applicability of concessional tax rate under entry 3(vi)(a) of Notification No. 11/2017.5. Classification and tax rate for construction services related to sewerage project.6. Determination of applicable clause and GST rate if the works contract service is not covered under clause (vi) or clause (iii) of entry 3 of Notification No. 11/2017.Issue-wise Detailed Analysis:1. Classification of the nature of supply made by the Applicant to IIT, Bhubaneswar:The applicant argued that the supply is a composite supply of works contract service to IIT, Bhubaneswar, a Government Entity, and should be eligible for a concessional GST rate of 12% as per Serial Number 3(vi)(a) & (b) of Notification No. 11/2017-Central Tax (Rate), dated 28-6-2017. However, the authority found that the works entrusted under the contract are disjoint in character and cannot be considered as a composite supply. Each task has distinct value and is not naturally bundled, thus not qualifying as a composite supply under Section 2(30) of the CGST Act, 2017.2. Determination of IIT, Bhubaneswar as a 'Governmental Authority' or 'Government Entity':IIT, Bhubaneswar is established by the Government of India and is controlled by the Ministry of Human Resource Development. It qualifies as a 'Government Entity' as defined in Notification No. 11/2017-Central Tax (Rate) and Notification No. 31/2017-C.T. (Rate), dated 13-10-2017. The definition includes bodies set up by an Act of Parliament or established by the Government with 90% or more participation by way of equity or control.3. Applicability of concessional tax rate for works contract service of construction of IIT Bhubaneswar Campus:The works contract services such as construction of lecture halls, student activity centers, dispensaries, auditoriums, and central research facilities fall under sub-clause (b) of Clause (vi) of Serial No. 3 (heading 9954) of Notification No. 11/2017-C.T. (Rate) and are eligible for a concessional GST rate of 12%. However, pure consulting services provided by the applicant do not qualify for this concessional rate.4. Applicability of concessional tax rate under entry 3(vi)(a) of Notification No. 11/2017:The authority held that the construction of Directors Bungalow and staff/faculty quarters does not qualify for the concessional rate under Notification No. 11/2017-C.T. (Rate) as these are not the primary works entrusted to IIT, Bhubaneswar. These works attract a GST rate of 18%.5. Classification and tax rate for construction services related to sewerage project:The construction of sewerage disposal units and water works falls under Serial No. (iii)(c) of Notification No. 11/2017-C.T. (Rate) and is eligible for a concessional GST rate of 12%.6. Determination of applicable clause and GST rate if the works contract service is not covered under clause (vi) or clause (iii) of entry 3 of Notification No. 11/2017:The authority concluded that each supply under the contract should be treated separately for determining the applicable GST rate. Only those supplies that fall within the scope of work entrusted to IIT, Bhubaneswar by the Government of India qualify for the concessional rate under Serial No. 3(vi) of Notification No. 11/2017-C.T. (Rate).Ruling:1. The nature of supply made by the Applicant to IIT, Bhubaneswar is not a composite supply and does not qualify for a concessional GST rate as a whole.2. IIT, Bhubaneswar is a 'Government Entity'.3. Specific works contract services related to educational and research facilities qualify for a concessional GST rate of 12%.4. Construction of Directors Bungalow and staff/faculty quarters attracts a GST rate of 18%.5. Construction services related to sewerage projects qualify for a concessional GST rate of 12%.6. Each supply under the contract should be treated separately for determining the applicable GST rate.This ruling is valid subject to provisions under Section 103(2) until declared void under Section 104(1) of the GST Act. Appeals can be made to the Odisha State Appellate Authority for advance ruling within 30 days from the date of receipt of the ruling.
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