Tax Ruling: Labor Supply Services to Govt Depts Taxable at 18% under SAC 9985 -KGST

The Authority ruled that labor supply services to Government Departments by the applicant attract tax at 18% (CGST @ 9% and KGST @ 9%) and are classified under SAC 9985. The exemption claimed was not applicable as the services were not related to functions entrusted to Panchayats or Municipalities as specified in the relevant notification. The question regarding the treatment of the dealer as a Contractor under the GST Act was deemed beyond the scope of the advance ruling sought.

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Issues involved:
1. Applicability of exemption from GST on labor supply to Government Departments.
2. Classification of services under "Pure Labour Services" as per SAC.
3. Treatment of dealer as a Contractor under GST Act.

Analysis:

Issue 1: Applicability of exemption from GST on labor supply to Government Departments
The applicant sought an advance ruling to determine if supplying labor to Government Departments, such as providing drivers, peons, housekeeping staff, and clerical personnel, is exempt from GST under specific notifications. The applicant contended that pure labor services to government entities are exempt under Notification No. 12/2017-Central Tax (Rate). The Assistant Commissioner's comments referenced a similar ruling from Gujarat, supporting the exemption for services provided to government entities. However, the Authority found that the applicant's services did not meet the conditions for exemption under the said notification as they were not related to functions entrusted to Panchayats or Municipalities under the Constitution.

Issue 2: Classification of services under "Pure Labour Services" as per SAC
The Authority examined whether the services provided by the applicant could be classified as "Pure Labour Services" under SAC Chapter No. 99. While the applicant argued for such classification, the Authority noted that there was no specific definition of "Pure Labour Services" under the GST Tariff. Consequently, the Authority determined that the services provided fell under SAC 9985, indicating that they were not eligible for the exemption claimed.

Issue 3: Treatment of dealer as a Contractor under GST Act
The applicant inquired about being treated as a Contractor under the GST Act, citing deductions made under the Income Tax Act for TDS. However, the Authority clarified that the question did not fall within the purview of Section 97(2) of the CGST/KGST Act, 2017, as it pertained to the classification of the dealer under the GST Act. The ruling did not address this aspect as it was outside the scope of the advance ruling sought.

In conclusion, the Authority ruled that labor supply services to Government Departments by the applicant attract tax at 18% (CGST @ 9% and KGST @ 9%) and are classified under SAC 9985. The exemption claimed by the applicant was not applicable due to the services not being related to functions entrusted to Panchayats or Municipalities as specified in the relevant notification. The question regarding the treatment of the dealer as a Contractor under the GST Act was deemed beyond the scope of the advance ruling sought.

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