2022 (10) TMI 908 - AAR - GST

Bio-mining and scientific closure services for legacy waste qualify for GST exemption under Notification 12/2017

AAR Kerala ruled that bio-mining and scientific closure services for legacy waste at Kureepuzha dumpsite qualify for GST exemption under Notification No. ... Classification of services - Bio-Mining and Scientific Closure of Legacy wastes at the dumpsite in Kureepuzha, Kollarn - services to be provided by the Applicant to the Superintending Engineer, Kollarn Municipal Corporation - eligibility for exemption under SI.No.3 of Notification No. 12/2017 dated 28.06.2017 as amended - HELD THAT:- The activities undertaken by the applicant are containment of waste, temporary storage of hazardous and non-hazardous waste, treating and disposing of the waste by processing in a facility that meets the legal standards. The ultimate goal of the activity is the reclamation of the land after clearing the waste and the activity undertaken by the applicant is the removal of waste as per the norms of Solid Waste Management Rules 2016. The activity of the applicant merits classification under SAC 9994 - Sewage and waste collection, treatment and disposal and other environmental protection services - Group - 99943 - Waste treatment and disposal services as per Annexure to Notification No. 11/2017 CT (Rate) dated 28.6.2017. Whether the services rendered by the applicant are eligible for exemption as per entry at SL.No. 3 of the Notification No, 12/2017 CT (Rate) dated 28.6.2017? - HELD THAT:- In order to qualify for the exemption under the above entry, the following conditions are to be satisfied:- a. The services must be pure services b. It must be provided to the Central Government, State Government, Union Territory or local authority c. The pure services must be by way of any activity in relation to any function entrusted to a Panchayat under Article 243 G of the Constitution or in relation to any function entrusted to Municipality under article 243 W of the Constitution. As revealed from the records produced before this authority, the services rendered by the applicant are devoid of any incorporation of goods in the process of supply. Thereby the same is eligible to be classified as pure services excluding works contract service and other composite supplies involving the supply of any goods. Thereby the first condition is satisfied - the second condition is also satisfied - The Twelfth Schedule to the Constitution deals with the provisions that specify the powers, authority and responsibilities of Municipalities; it includes 18 matters. SI.No. 6 of the Twelfth Schedule to the Constitution under article 243W deals with Public health, sanitation conservancy and solid waste management. The services proposed to be extended by the applicant to the Kollam municipal corporation are Biomining and Scientific closure of existing waste at the dumpsite Kureepuzha, Kollam which is covered under this item. Thereby the 3rd condition is also satisfied. Thus, the services provided by the applicant are exempted under Si.No. 3 of Notification No. 12/2017 Central Tax (Rate) dated 28.06.2017 as amended. Issues Involved:1. Classification of the services 'Bio-Mining and Scientific Closure of Legacy wastes at the dumpsite in Kureepuzha, Kollam.'2. Whether the aforesaid services provided by the Applicant are exempted under SI.No.3 of Notification No. 12/2017 dated 28.06.2017 as amended.Issue-wise Detailed Analysis:1. Classification of Services:The applicant, a municipal solid waste management company, sought to classify the services 'Bio-Mining and Scientific Closure of Legacy wastes at the dumpsite in Kureepuzha, Kollam.' The applicant contended that these services fall under SAC Code No. 9994, specifically Group 99943 'Waste treatment and disposal services' as per Notification No. 11/2017 Central Tax (Rate) dated 28.06.2017. The authority examined the provisions and confirmed that the activities undertaken by the applicant, which include containment, temporary storage, treatment, and disposal of waste, ultimately aiming at land reclamation, merit classification under SAC 9994 - 'Sewage and waste collection, treatment and disposal and other environmental protection services' - Group 99943 'Waste treatment and disposal services.'2. Exemption under Notification No. 12/2017:The applicant claimed that the services provided are exempt under SI.No.3 of Notification No. 12/2017 Central Tax (Rate) dated 28.06.2017 as amended. This entry exempts pure services provided to the Central Government, State Government, Union territory, or local authority by way of any activity related to functions entrusted to a Panchayat under Article 243G or a Municipality under Article 243W of the Constitution. The authority examined the conditions for exemption:- The services must be pure services, excluding works contract service or other composite supplies involving the supply of any goods.- The services must be provided to the Central Government, State Government, Union Territory, or local authority.- The services must be related to any function entrusted to a Panchayat under Article 243G or a Municipality under Article 243W of the Constitution.The authority confirmed that the services rendered by the applicant are devoid of any incorporation of goods, thus qualifying as pure services. The Kollam Municipal Corporation was recognized as a local authority under Section 2(69) of the CGST Act, 2017. The services provided, which include Biomining and Scientific closure of existing waste, fall under public health, sanitation conservancy, and solid waste management, as specified in SI.No. 6 of the Twelfth Schedule to Article 243W of the Constitution. Therefore, all conditions for exemption were satisfied.Ruling:1. The services 'Bio-mining and scientific closure of legacy wastes at the dumpsite in Kureepuzha, Kollam' are classifiable under SAC 9994 as per the Annexure to Notification No. 11/2017-C.T. (Rate) dated 28.06.2017.2. The aforesaid services provided by the applicant are exempted under SI. No. 3 of the Notification No. 12/2017-C.T. (Rate) dated 28.06.2017 as amended.