TaxTMI 
TaxTMI 
Work contract under gst
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....ork contract under gst<br> Query (Issue) Started By: - satyanarayana korraprolu Dated:- 2-12-2017 Last Reply Date:- 5-12-2017 Goods and Services Tax - GST<br>Got 2 Replies<br>GST<br>Sir, My Client Operating Work Contract Business, We were register under GST and MSME and got licenses. Business Activity : JCB Machinery Equipment Renting and leasing of Earth Works ,construction and civil-engineerin....
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....g Works. While Register Under GST, We Choose Option SAC:00440410. We Charged GST Rate is 18%. Kindly Gudie us -- a) ITC is available for this work b) GST Returns(GSTR-3B) Not Yet Prepared From Aug 2017 to Till date. c) Business Operation Starting from Sep 2017. d) TDS to be deducted on this Work. e) GST Return(GSTR-3B,GSTR-1) Filling Process Flow . Reply By Rajagopalan Ranganathan: The Rep....
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....ly: Sir, According to Section 2 (119) of CGST Act, 2017 "works contract" means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execut....
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....ion of such contract. Therefore only construction will be called works contract provided transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract. Leasing and Renting of Earth works, JCB Machinery etc. will not be treated as works contract and they will be treated as supply of goods since according to Section 7 (1) of CGST Act, 2017 &qu....
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....ot;"supply" includes-- (a) all forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business." Reply By Rakesh Sarswat: The Reply: Only construction and civil engineering works will fall under the definition of works contract wherea....
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....s renting & leasing of JCB machinery shall amount to supply of service if you have just provided the right to use such goods but you have not transferred the title of such goods. Its depend on an agreement for the leasing of JCB machine whether it is a supply of goods or service.<br> Discussion Forum - Knowledge Sharing ....