Work contract under gst

[satyanarayana korraprolu]

Sir,

My Client Operating Work Contract Business, We were register under GST and MSME and got licenses.

Business Activity : JCB Machinery Equipment Renting and leasing of Earth Works ,construction and civil-engineering Works.

While Register Under GST, We Choose Option SAC:00440410. We Charged GST Rate is 18%.

Kindly Gudie us --

a) ITC is available for this work

b) GST Returns(GSTR-3B) Not Yet Prepared From Aug 2017 to Till date.

c) Business Operation Starting from Sep 2017.

d) TDS to be deducted on this Work.

e) GST Return(GSTR-3B,GSTR-1) Filling Process Flow .
 

[Rajagopalan Ranganathan]

Sir,

According to Section 2 (119) of CGST Act, 2017 “works contract” means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract.

Therefore only construction will be called works contract provided transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract.

Leasing and Renting of Earth works, JCB Machinery etc. will not be treated as works contract and they will be treated as supply of goods since according to Section 7 (1) of CGST Act, 2017 "“supply” includes––

(a) all forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business."

[Rakesh Sarswat]

Only construction and civil engineering works will fall under the definition of works contract whereas renting & leasing of JCB machinery shall amount to supply of service if you have just provided the right to use such goods but you have not transferred the title of such goods.

Its depend on an agreement for the leasing of JCB machine whether it is a supply of goods or service.

AI Summary

Works contract classification determines whether construction or equipment leasing attracts GST and input tax credit implications. Works contract involves construction type activities where transfer of property in goods is involved; leasing and renting of JCB machinery were distinguished as separate supplies, with one view treating them as supply of goods and another treating leasing as a supply of service when only right to use is granted-classification depends on contractual terms and whether title or property in goods transfers in execution.