https://www.taxtmi.com/css/info/rss_sitemap/rss_feed.css?v=1746094055 https://www.taxtmi.com Business/Tax/Law/GST/India/Taxation/Policies/Legal/Corporate Tax/Personal Tax/Vat Law/Legal Information/Tax Information/Legal Services/Tax Services Tax Management India. Com / MS Knowledge Processing Pvt. Ltd. All rights reserved. One stop solution for Direct Taxes and Indirect Taxes https://www.taxtmi.com/caselaws?id=300339 https://www.taxtmi.com/caselaws?id=300339 Exemption from CGST/SGST and IGST - outward supply for operation and maintenance of sewage treatment plant of 26 MLD capacity at LakkarGhat, Rishikesh, Dehradun, State of Uttarakhand, India to Uttarakhand Pay Jal Nigam (an entity working under the Ministry of Drinking Water Sanitation, Govt, of Uttarakhand as an undertaking of Uttarakhand Government) - N/N. 2/2018-Central Tax (Rate) dated 25.01.2018, 2/2018-Integrated Tax (Rate) dated 25.01.2018 and 138/2018/18(20)/ XXVH(8)/ 2017/ CTR-2, Dehradun dated 06.02.2018 - Whether the inward supplies directly received for above services by the applicant are also exempt from GST? HELD THAT:- The operation maintenance cost of Rs. 53,94,51,394.98 is not only for the operation maintenance of sewage treatment plant of 26 MLD capacity at LakkarGhat, Rishikesh as is claimed by the applicant but this cost includes the operation maintenance of the total contract as mentioned at first para of the said contract comprising works shown at part (A) part (B) whereas the applicant in their letter dated 19.11.2020 has shown this amount of Rs. 53,94,51,394.98 towards the operation maintenance of only sewage treatment plant of 26 MLD capacity at LakkarGhat, Rishikesh which is not correct and thus the bifurcation of the cost of each item including cost of goods given in their letter dated 19.11.2020 cannot be relied upon - as per contract, design build cost of Rs. 72,42,94,625/- is not only for the (A) part of the said contract but it also includes the cost of design build cost of sewage treatment plant of 26 MLD capacity at LakkarGhat, Rishikesh as shown at (B) part of the said contract. Besides Operation Maintenance of sewerage treatment plant of 26 MLD capacity at LakkarGhat, Rishikesh for 15 years, the applicant has also to design and build the same which is a composite supply for that particular work also and as per Contract, design build cost of Rs. 72,42,94,625/- and operation maintenance cost of Rs. 53,94,51,394.98 are inclusive of design build cost and O M cost of sewerage treatment plant of 26 MLD capacity at LakkarGhat, Rishikesh and therefore value of supply of goods in the outward supply for operation maintenance of sewerage treatment plant of 26 MLD capacity at LakkarGhat, Rishikesh cannot be justified below 25 per cent of the value of that particular composite supply. Whether the outward supply of operation maintenance of sewerage treatment plant of 26 MLD capacity at LakkarGhat, Rishikesh is being provided to the Central Government, State Government or Union territory or local authority or a Governmental authority or a Government Entity by way of any activity in relation to any function entrusted to a Panchayat under article 243G of the Constitution or in relation to any function entrusted to a Municipality under article 243W of the Constitution? - HELD THAT:- It is evident that UPJN has been entrusted with the function of all the necessary services in regard to sewerages which is an activity in relation to any function entrusted to a Municipality under article 243W of the Constitution - though outward supply of operation maintenance of sewerage treatment plant to UPJN is exempt under entry no.3A of the notification no. 2/2018-Central Tax (Rate) dated 25.01.2018 and 2/2018-Integrated Tax (Rate) dated 25.01.2018 yet this exemption is available only if value of supply of goods constitutes not more than 25 per cent, of the value of the said composite supply. In the instant case, the applicant could not bifurcate the operation maintenance cost particularly for their outward supply for operation maintenance of sewerage treatment plant of 26 MLD capacity at LakkarGhat, Rishikesh. Operation Maintenance cost mentioned in the contract dated 24.05.2018 (date as per stamp paper) is for the total contract mentioned at first para consisting the works mentioned at (A) (B) and thus value of supply of goods cannot be justified below 25 per cent, of the value of the said composite supply. Whether the in supplies directly received for the services by the applicant are also exempt from GST? - HELD THAT:- It is obvious that when the main supply is not exempt from GST then inward supplies directly received for the main supply of services are also not exempted. Case-Laws GST Fri, 19 Feb 2021 00:00:00 +0530