Claim of GST from Customers

[N Balachandran]

Sir

Contract for executing the project was enterred with Customer during the year 2012-13 and the same to be completed within 36 months . Due to various reasons, the project got delayed and continued till 31 03 2022. we have charged the GST on the billing done after 01 07 2017 and the customer is not agreeing to pay the GST as the GST has been implemented after the contract period is over. under this circumstances, is there any case law is available to substantiate our claim of GST amount beyond the contract delivery period as the project was continuing without Extension of contract period. Customer was paying the Basic amount along with applicable CST and VAT as per the original contract instead of paying GST.

[Shilpi Jain]

For the period where supply is made after 1-7-17, for a transaction where both ST and VAT are liable, section 142(11)(c) of CGST Act will be applicable and GST will be liable on works done after 30-6-17.

Even in case it is only a VAT liable transaction, where the levy on the transaction takes place in GST regime, GST only will have to be paid as per 142(11)(a) of CGST Act.

[Shilpi Jain]

Why is the customer adamant to pay only VAT and CCST and not GST?

Is GST not an eligible credit for him?

AI Summary

GST applicability on post-regime supplies requires GST payment despite pre-existing contract terms where performance continued beyond original delivery period. Where a works contract begun before the GST regime continued to be performed after the regime change, GST is chargeable on the portion of work executed during the GST period; transitional provisions treat supplies made in the GST period as subject to GST even if the original contract pre-dates the regime, and this applies whether the transaction earlier attracted multiple taxes or only VAT, with the recipient's input tax credit entitlement and willingness to pay GST being practical considerations.