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of <h1>Applicant's Work Contract Qualifies for Reduced GST Rate Under Notification No. 31/2017</h1> <h3>In Re: M/s. KSC Buildcon Private Limited</h3> In Re: M/s. KSC Buildcon Private Limited - 2021 (51) G.S.T.L. 347 (A. A. R. - GST - Haryana) Issues Involved:1. Nature of the work contract and its classification under GST.2. Applicability of Notification No. 31/2017-Central Tax (Rate) dated 13th October 2017.3. Determination of whether the applicant's work qualifies as predominantly earthwork.4. Identification of the recipient as a government entity.5. Applicability of TDS under GST and Income Tax Act.Issue-wise Detailed Analysis:1. Nature of the Work Contract and Its Classification under GST:The applicant, M/s KSC Buildcon Private Limited, is engaged in providing a composite supply of work contracts, including the mining of various stones and minerals. The work involves drilling, excavation, removal, and dumping of waste material, along with the supply of skilled and unskilled manpower, special purpose vehicles, and construction services. As per Section 2 Clause (119) of the CGST Act, 2017, a 'Works Contract' involves building, construction, fabrication, and other activities related to immovable property, where the transfer of property in goods is involved.2. Applicability of Notification No. 31/2017-Central Tax (Rate) dated 13th October 2017:The applicant sought an advance ruling on whether their work contract qualifies for the GST rate of 5% as per Serial No. 3 of Notification No. 31/2017-Central Tax (Rate). The notification specifies that a composite supply of work contracts involving predominantly earthwork (constituting more than 75% of the value of the work) provided to government entities attracts a GST rate of 5%.3. Determination of Whether the Applicant's Work Qualifies as Predominantly Earthwork:The nature of the work awarded to the applicant involves significant earthwork, including excavation, removal, and transportation of soil and rocks. The contract specifies that more than 75% of the work involves earthwork. Definitions from various sources, including Webster Dictionary and Collins Dictionary, were considered to conclude that the applicant's work qualifies as predominantly earthwork.4. Identification of the Recipient as a Government Entity:The Haryana State Industrial & Infrastructure Development Corporation Ltd (HSIIDC) is identified as a government entity. It is a company incorporated under the Companies Act, 1956, with 100% equity held by the State Government of Haryana. As per Section 2, Clause 53 of the HGST Act, 2017, and Section 617 of the Companies Act, 1956, HSIIDC qualifies as a government entity.5. Applicability of TDS under GST and Income Tax Act:Section 51 of the CGST Act, 2017, mandates TDS at the rate of 1% on payments exceeding Rs. 2,50,000 made to suppliers of taxable goods or services. HSIIDC, being a government entity, deducted TDS under GST, which is reflected in the applicant's Form GSTR-2A. Additionally, TDS under Section 194C of the Income Tax Act, 1961, was deducted for contractual payments, as confirmed by case law references.Conclusion:The applicant's work contract qualifies as a composite supply of work contracts involving predominantly earthwork provided to a government entity. Therefore, as per Serial No. 3 of Notification No. 31/2017-Central Tax (Rate) dated 13th October 2017, the applicable GST rate is 5% (2.5% CGST + 2.5% HGST). The ruling confirms that the applicant is eligible for this reduced GST rate.Ordered accordingly. To be communicated.
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