Works contract for intelligent traffic management system services to local authority constitutes supply of services under CGST Schedule II(6)(a)

The AAR-Gujarat ruled that a works contract for intelligent traffic management system services provided to a local authority constitutes a supply of services under CGST Act Schedule II(6)(a). Since the recipient was Shahjahanpur Nagar Nigam (local authority) and involved inter-state supply, the transaction attracted 12% IGST under Notification 8/2017-IT(R) at Tariff 9954. The appropriate SAC code was determined to be 995468 (Other installation services n.e.c.) as it encompasses the original works installation project involving electrical, lighting, cabling infrastructure, and traffic management system implementation.

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Issues Involved:
1. Determination of the applicable rate of GST for services provided to Shahjahanpur Nagar Nigam.
2. Identification of the correct HSN/SAC code for the services provided.

Issue-wise Detailed Analysis:

1. Applicable Rate of GST:

M/s Amnex Infotechnologies Private Limited (M/s Amnex) was awarded a contract by Shahjahanpur Nagar Nigam for the implementation of an Intelligent Traffic Management System (ITMS). The scope of work included various activities such as assessment, supply, installation, testing, commissioning, and maintenance of ITMS components.

M/s Amnex argued that their contract constitutes a "composite supply" as defined under section 2(30) of the CGST Act, 2017. They further contended that the contract qualifies as a "works contract" under section 2(119) of the CGST Act, 2017, involving immovable property and thus should be taxed accordingly.

The Authority for Advance Ruling (AAR) examined the nature of the contract and found it to be a works contract involving the supply of goods and services for the ITMS project. The AAR referred to Schedule II(6)(a) of the CGST Act, which treats the supply of works contract as a supply of service. Given that Shahjahanpur Nagar Nigam is a local authority, the service is covered under Sr. No. 3(vi)(a) of Notification 8/2017-Integrated Tax (R) dated 28-6-17, attracting a 12% IGST rate. The AAR dismissed the relevance of Notification 24/2017-CT(R) dated 21-9-17, as it pertains to intra-state supply, whereas the subject supply is inter-state.

2. Correct HSN/SAC Code:

M/s Amnex sought a ruling on the appropriate HSN/SAC code for their services. The AAR noted that the ITMS project involves original works, including installation, commissioning, and maintenance. The AAR referred to Tariff 9954, specifically SAC 995468, which encompasses other installation services not elsewhere classified (n.e.c.). The AAR determined that SAC 995468 is appropriate for the ITMS project, given its comprehensive nature and the fact that it involves original works installation.

The AAR emphasized that this determination of the SAC code is specific to this case and should not be considered a general formula for other cases.

Ruling:

1. The supply is leviable to 12% IGST.
2. The SAC code for the services is 995468.

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