Concessional GST rate for water and sewerage works contracts remained applicable until its notified omission took effect.
Composite works-contract services supplied to the Government or a local authority for specified water supply, water treatment, sewerage treatment or disposal infrastructure attracted GST at 12%, comprising 6% CGST and 6% SGST, on 1 June 2022. The concessional rate entry remained operative until its omission took effect on 18 July 2022. Contractual recovery or reimbursement of an increased tax burden from the other contracting party falls outside the matters eligible for an advance ruling under the CGST Act. Consequently, the advance-ruling mechanism cannot determine entitlement to recover additional tax arising from a later rate change.
Issues: (i) Whether composite works-contract services for a pipeline, conduit or plant for water supply, water treatment, or sewerage treatment or disposal were taxable at 12% on 01.06.2022; (ii) Whether the Authority could decide the applicant's contractual entitlement to recover the additional 6% tax resulting from a subsequent rate change.
Issue (i): Whether composite works-contract services for a pipeline, conduit or plant for water supply, water treatment, or sewerage treatment or disposal were taxable at 12% on 01.06.2022.
Analysis: Entry No. 3(iii)(c) of Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017 covered composite works contracts supplied to the Government or a local authority for construction of a pipeline, conduit or plant for the specified water and sewerage purposes. The entry prescribed 6% CGST and remained in force on 01.06.2022; its subsequent omission by Notification No. 03/2022-Central Tax (Rate) dated 13.07.2022 took effect only from 18.07.2022.
Conclusion: The applicable GST rate on 01.06.2022 was 12% comprising 6% CGST and 6% SGST.
Issue (ii): Whether the Authority could decide the applicant's contractual entitlement to recover the additional 6% tax resulting from a subsequent rate change.
Analysis: Section 97(2) of the Central Goods and Services Tax Act, 2017 exhaustively specifies the matters on which an advance ruling may be sought. A claim for recovery or reimbursement of increased tax from the other contracting party concerns contractual allocation of tax burden and does not fall within those specified matters.
Conclusion: The Authority lacks jurisdiction to decide the contractual entitlement to recover the additional tax, and that question is not answered.
Final Conclusion: The ruling confirms the concessional rate applicable to the specified works-contract services on the stated date, while leaving contractual recovery of any subsequent tax increase outside the advance-ruling mechanism.
Ratio Decidendi: A works-contract service covered by the applicable concessional rate entry is taxable at that entry's rate while the entry remains in force, whereas contractual reimbursement of a tax increase is outside the statutory jurisdiction for advance rulings.