2019 (12) TMI 96

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....stered under the Goods & Services Tax. 2. The provisions of the CGST Act and APGST Act are identical, except for certain provisions. Therefore, unless a specific mention of the dissimilar provision is made, a reference to the CGST Act would also mean a reference to the same provision under the APGST Act. Further, henceforth, for the purposes of this Advance Ruling, a reference to such a similar provision under the CGST or AP GST Act would be mentioned as being under the GST Act. 1. Brief Facts of the case: M/S Vikram Solar (hereinafter referred to as the Applicant) having its Office at 11/87/A, 4T, 1st floor, Madanapalle, Opposite Government Hospital, Andhra Pradesh, is a registered firm, under GSTIN 37AABC15168D1ZN and engaged in ....

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....loading, storage, handling at site, Installation of the equipment, civil works, testing and commissioning including carrying out guarantee tests in respect of all equipment supplied for 200 MW (2X100 MW) grid connected solar PV power project at Talaricheruvu (V), Near Tadipatri, Ananthapuramu District in Andhra Pradesh. iii) O&M Contract: The scope outlined in para 2 of the O&M contract is for operation and Maintenance for five years of 200 MW grid connected solar PV Power Project at Talaricheruvu(V), Near Tadipatri, Anantapuramu District in Andhra Pradesh. On Verification of basic information of the applicant, it is observed that the applicant falls under Central jurisdiction, Superintendent, Madanapalle Range, CGST Division, T....

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.... of the Notification No. 1/2017-Integrated Tax (Rate) dated 28.06.2017, supply of 'Solar Power Generating System' will be subjected to a levy @5% IGST, falling under Chapter 84 or 85 of the GST Tariff. The applicant further states that, they have entered into a contract for supply of solar power generating system, which is a specific entry under Notification No. 1/2017 - Integrated Tax (Rate) dated 28.06.2017. Moreover, the applicant also would like to highlight the principle of classification which inter alia lays down that the specific entry always prevails over the general description. ii) Installation and Erection services: As per Section 2(102) of the CGST Act, 2017 services 'means anything other than goods... 'and is taxable at the....

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....e rate of 5%. Contract in respect of Installation and Erection Services: This contract would include all services for setting up the solar PV power project and would include loading, Inland Transportation for delivery at site, Inland Transit insurance, Unloading, Storage, handling at site, Installation of the equipment, civil works, testing and commissioning including carrying out guarantee tests in respect of all equipment supplied for 200 MW (2X100 MW) grid connected solar PV power project. This is purely in the nature of services rendered for construction under s.no.3 (xii) of Notification No. 11/2017- Central Tax (Rate) being a separate contract for service and taxable at 18%. O&M Contract: The operation and maintenance charges....