AAR held that the Applicant and the Counterparty do not qualify...

AAR held that the Applicant and the Counterparty do not qualify as a Union territory or a local authority for GST purposes. Contracts initially fell under Notification cl. 3(vi) attracting concessional GST at 12%. Notification amendments effective 01.01.2022 removed governmental authorities/entities from cl. 3(vi), and cl. 3(vi) was omitted w.e.f. 18.07.2022, abolishing the concessional category. Consequently, works contract services supplied by the Applicant to the Counterparty are chargeable under the residual rate provision (cl. 3(xii)), attracting GST at 18% with effect from 01.01.2022 (and clearly from 18.07.2022). Operation and maintenance services furnished as part of installation and commissioning constitute a composite works contract and thus attract GST at 18% from the stated dates.