Fire protection installation as works contract service excludes concessional GST rate without predominant earthwork conditions.
Supply, erection, testing and commissioning of a fire protection system constitute a composite supply where equipment and related services are naturally bundled with a principal supply. Permanent installation through site preparation, RCC platforms, wiring, pipework and commissioning creates immovable property where removal requires substantial dismantling. Transfer of goods in creating that immovable infrastructure falls within works contract and is treated as a supply of services, classifiable under SAC 9954. The claimed concessional 12% works-contract rate does not apply where earthwork is negligible and the statutory predominant-earthwork condition is not met.
Issues: (i) Whether the supply, erection, testing and commissioning of fire protection system constitutes a composite supply; (ii) Whether the completed fire protection system is movable or immovable property for GST purposes; (iii) Whether the contract for supply, erection, testing and commissioning of fire protection system is a works contract classifiable under SAC 9954 and taxable at 12%.
Issue (i): Whether the supply, erection, testing and commissioning of fire protection system constitutes a composite supply.
Analysis: Section 2(30) of the Central Goods and Services Tax Act, 2017 requires two or more taxable supplies to be naturally bundled and supplied together in the ordinary course of business, with one principal supply. The equipment supply and the associated erection, testing and commissioning services formed an integrated and naturally bundled arrangement.
Conclusion: The supply is a composite supply. This issue is answered in favour of the assessee.
Issue (ii): Whether the completed fire protection system is movable or immovable property for GST purposes.
Analysis: The installation required site preparation, construction of RCC pedestals or platforms, electrical wiring, connection of pipes, valves and gauges, testing and commissioning. The completed system was intended as permanent fire-protection infrastructure and could not be removed or relocated without substantial dismantling.
Conclusion: The completed fire protection system is immovable property for GST purposes. This issue is answered against the assessee.
Issue (iii): Whether the contract for supply, erection, testing and commissioning of fire protection system is a works contract classifiable under SAC 9954 and taxable at 12%.
Analysis: Section 2(119) of the Central Goods and Services Tax Act, 2017 covers contracts involving transfer of property in goods in the erection, installation or commissioning of immovable property. Paragraph 6(a) of Schedule II treats such works contracts as supplies of services. The electrical fire-alarm work and firefighting water-piping, sprinkler and hydrant-network work fall under Heading 9954. The earthwork component was only a negligible part of the contract value and did not satisfy the predominant-earthwork requirement under Item 3(vii) of Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017.
Conclusion: The contract is a works contract classifiable under SAC 9954, but it is not taxable at 12%. This issue is answered partly in favour of the assessee.
Final Conclusion: The integrated supply and installation arrangement is treated as a works-contract service because it results in permanent immovable infrastructure, and it is ineligible for the claimed 12% rate.
Ratio Decidendi: A contract involving transfer of goods in the creation and installation of permanent immovable infrastructure is a works contract treated as a supply of services, and the concessional works-contract rate applies only where the statutory predominant-earthwork condition is met.