Works contract for replacing bridge sleepers with H-Beam steel sleepers ruled ineligible for GST notification benefits

The AAR, West Bengal ruled that a works contract involving dismantling existing bridge sleepers and installing new H-Beam steel sleepers does not qualify as "original work" under GST notifications. The applicant was contracted to replace old sleepers with new ones, not construct a new bridge or lay new railway tracks. Since the work involved replacement rather than construction of new infrastructure or restoration of abandoned/damaged structures, it could not be considered original work eligible for beneficial tax rates under Notification No. 20/2017-Integrated Tax (Rate). The composite supply was deemed ineligible for the notification benefits.

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Issues Involved:
1. Whether dismantling of existing sleeper fixing and/or installation of new (H-Beam Steel sleepers) amounts to execution of original work and attracts IGST @12% as per Notification No. 20/2017-Integrated Tax (Rate) dated 22.08.2017.
2. Whether the applicant is eligible for the benefit of Notification No. 20/2017-Integrated Tax (Rate) dated 22.08.2017 by paying IGST @ 12% for construction, erection, commission, or installation of original works pertaining to Railways.

Issue-wise Detailed Analysis:

1. Whether dismantling of existing sleeper fixing and/or installation of new (H-Beam Steel sleepers) amounts to execution of original work and attracts IGST @12% as per Notification No. 20/2017-Integrated Tax (Rate) dated 22.08.2017:

The applicant was awarded a contract by East Coast Railways for dismantling existing bridge timber/steel channel sleepers and installing H-Beam steel sleepers. The applicant contends that this work is original work and not repair or maintenance, thus eligible for IGST @12% under Notification No. 20/2017-Integrated Tax (Rate) dated 22.08.2017.

The Authority examined whether the work qualifies as "original work" under clause 2 (zs) of Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017, which defines original works as:
- All new constructions;
- Additions and alterations to abandoned or damaged structures to make them workable;
- Erection, commissioning, or installation of plant, machinery, or equipment or structures.

The Authority found that the work involves replacing old sleepers with new ones, not constructing a new bridge or laying a new track. The work order specifies the unit as 'per sleeper,' indicating the contract is for replacement, not new construction. Therefore, the work doesn't qualify as "original work" under the given definition.

Ruling:
The supply is a composite supply of works contract as defined in clause (119) of section 2 of the GST Act but does not qualify as "original work" under clause 2 (zs) of Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017. Hence, it does not attract IGST @12% under Notification No. 20/2017-Integrated Tax (Rate) dated 22.08.2017.

2. Whether the applicant is eligible for the benefit of Notification No. 20/2017-Integrated Tax (Rate) dated 22.08.2017 by paying IGST @ 12% for construction, erection, commission, or installation of original works pertaining to Railways:

The applicant argued that the work is not repair or maintenance but new construction, thus eligible for the benefit of the said notification. However, the Authority determined that the work involves replacing existing sleepers, not new construction or significant alterations to abandoned or damaged structures.

Ruling:
The applicant is not eligible for the benefit of Notification No. 20/2017-Integrated Tax (Rate) dated 22.08.2017 by paying IGST @ 12% for the said works, as the work does not qualify as "original work."

Conclusion:
The Authority concluded that the work of dismantling and installing new sleepers does not amount to original work and does not attract IGST @12%. The applicant is not eligible for the benefits of Notification No. 20/2017-Integrated Tax (Rate) dated 22.08.2017.

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