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2020 (10) TMI 811
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..... The Applicant is a private limited company rendering pure consultancy services like project management consultancy services including construction, supervision, quality control, rejuvenation and development of lakes. Further applicant also involved in the preparation of detailed project report for pumping treated water, scientific landfill at Bengaluru quarries, construction of Raja Nala and Other development civil works etc. The Applicant is providing these services mainly to the Municipalities, Corporations (i.e. local bodies) and also to Government Departments and only in a few cases, a pure consultancy service is being provided to private parties. 3. The Applicant presently is rendering the following consultancy services: a. Providing consultancy services for the preparation of DPR for the work of sewage treatment plant of Seegehalli Lake to BBMP. b. Preparation of DPR for the construction of Kanaka Nayakana Mandira to BBMP c. Preparation of DPR for construction of sports complex at Terrace level of PalikeSoudha in Ward No.128 Nagarabhavi to BBMP d. Providing the consultancy services for construction, supervision, project management and ....
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....the Central Government, State Government or Union territory or local authority or a Governmental authority 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" 6. From the above, the applicant submitted that any type of 'pure services' provided to Central Government or State Government or to a local authority in relation to any function entrusted to a Municipality under Article 243W of the Constitution is exempt from payment of tax. The applicant further submitted that the works undertaken by the applicant is neither works contract service nor composite supply involving any goods. The applicant is involved in the supply of 'pure services' only to the Corporations, Municipalities and Government Department falling under Article 243W read with Twelfth Schedule of the Constitution and falls under serial number 3 of the Notification referred to above and hence exempt from payment of GST. PERSONAL HEARING 7. Sri Y.C. Shivakumar, Advocate and Duly Authorized Representative of the applicant company, appeared for personal h....
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....o cannot afford exorbitant rent charged by private marriage halls and banquet halls. Thus, it falls under serial number 11 of the Twelfth Schedule and hence exempt from GST. 3. Preparation of Detailed Project Report (DPR) for construction of sports complex to BBMP. The Applicant is of the opinion that it falls under serial number 12 of the Twelfth Schedule which reads "Provision as of urban amenities and facilities such as parks, gardens and playgrounds". In this case the Applicant provides pure service, without involvement of goods, by preparing a DPR for construction of sports complex to BBMP. The BBMP being a local authority is mandated to provide urban amenities such as parks, gardens and playgrounds. The phrase "such as" indicates examples of urban amenities and not necessarily only those enumerated therein. The phrase "such as" is mentioned to introduce an example or series of examples. Hence, the Applicant is of the opinion that though 'sports complex' is not one of the entries under serial number 12 of the Twelfth Schedule, the construction of sports complex, among others, is included therein and hence exempt from GST. 4. Consultancy ....
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....s, about construction, supervision and quality control for the work of development of lakes. The main focus is on the development of lakes. Lake ecosystems are vital resources for aquatic wildlife, plants and microbes. It is also necessary for human needs since some of the lakes are drinking water source and for Inland fisheries to many. Therefore, It is very important to save our lakes to maintain ecological balance in the environment. Thus, it falls under serial number 8 of the Twelfth Schedule and hence from GST. 7. Preparation of DPR to BBMP, for Pumping treated water from one lake to another lake and so on. The Applicant is of the opinion that it falls under serial number 8 of the Twelfth Schedule which reads as "Urban forestry, Protection of the environment and promotional of ecological aspects". In this case the Applicant provides pure consultancy service to BBMP, for pumping treated water from one lake to another lake and so on without involvement of goods. Here again the main focus is to de-contaminate the lakes by pumping treated water from one lake to the other. Lake ecosystems are vital resources for aquatic wildlife, plants and microbes. It is al....
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....pment of civil work is concerned, such civil works are taken up for urban planning including town planning. Since the said civil work is taken up in Sindhanur Town Municipal limits, which is a local body, it falls under serial number 1 of the Twelfth Schedule and hence exempt from GST. 10 Consultancy Services to BBMP for preparation of Survey, Designs, Drawing, Estimate preparation etc. for the work of construction of Indoor Stadium. The Applicant is of the opinion that it falls under serial number 12 of the Twelfth Schedule to the Constitution which reads as - "Provision of urban amenities and facilities, such as, parks, gardens and playgrounds". In this case the Applicant provides pure consultancy service of preparation of survey, designs, drawing, estimate and preparation etc. for the work of construction of indoor stadium. The said work falls under serial number 12 of the Constitution. Though specific reference to "indoor stadium " is not mentioned in serial number 12, the Applicant is of the opinion that it is covered under that serial number. Indoor stadium are constructed to play some of the sports like, badminton, swimming, table tennis, kabaddi, umnastics....
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....of lakes. The applicant is also involved in the preparation of detailed project report for pumping treated water, scientific landfill at Bengaluru quarries, construction of Raja Nala and Other development civil works etc. The applicant provides these services mainly to the Municipalities, Corporations (i.e. local bodies) and to Government Departments and only in a few cases, a pure consultancy service is being provided to private parties. 13. The applicant presently rendering the following services : a. Providing consultancy services to BBMP for the preparation of DPR for the work of STP of Seegehalli Lake. b. Preparation of DPR for the construction of Kanaka Nayakana Mandira to BBMP. c. Preparation of DPR for construction of sports complex at Terrace level of Palike Soudha in Ward No.128 Nagarabhavi to BBMP. d. Providing the consultancy services for construction, supervision, project management and Quality Control for renovation of Auditorium near Hampinagar City Central Library building, Vijayanagara Division in Ward 133 to BBMP. e. Providing consultancy services for project management and quality assurance for the work of rejuvenat....
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.... (a) a "Panchayat" as defined in clause (d) of article 243 of the Constitution; (b) a "Municipality" as defined in clause (e) of article 243P of the Constitution; (c) a Municipal Committee, a Zilla Parishad, a District Board, and any other authority legally entitled to, or entrusted by the Central Government or any State Government with the control or management of a municipal or local fund; (d) a Cantonment Board as defined in section 3 of the Cantonments Act, 2006; (e) a Regional Council or a District Council constituted under the Sixth Schedule to the Constitution; (f) a Development Board constituted under article 371 of the Constitution; or (g) a Regional Council constituted under article 371A of the Constitution; Further clause (e) of article 243P of the Constitution defines Municipality means an institution of self-government constituted under Article 243Q of the Constitution of India. Further the Governmental authority defined in the notification 31/2017 dated 13/10/2017 Central Tax (Rate) as under; "(ix) "Governmental Authority" means an authority or a board or any other body, - (i) set up by an....
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....sections of society, including the handicapped and mentally retarded. 10. Slum improvement and upgradation. 11. Urban poverty alleviation. 12.Provision of urban amenities and facilities such as parks, gardens, playgrounds. 13. Promotion of cultural, educational and aesthetic aspects. 14.Burials and burial grounds, cremations, cremation grounds and electric crematoriums. 15. Cattle ponds; prevention of cruelty to animals. 16.Vital statistics including registration of births and deaths. 17.Public amenities including street lighting, parking lots, bus stops and public conveniences. 18.Regulation of slaughterhouses and tanneries. 17. The applicant has submitted details of the services provided to the BBMP and to the State Government. Analysis of each of the services provided by the applicant whether they are related to the functions entrusted to the Municipality under Article 243W of the Constitution is as under. Sl.No. Nature of work undertaken by the Applicant. Relatable to entry under the Twelfth Schedule of the Constitution. 1. Providing Consultancy Services to BBMP for the Preparatio....
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....bout construction, supervision, project management and quality control of Renovation of Auditorium. The Auditoriums built by BBMP are used for cultural activities, conduct of conferences, seminars and for Government functions etc. Examples of such auditoriums in Bengaluru are Town Halls, Ravindra Kalakshetra, Ambedkar Bhavan, etc. Thus Consultancy services for Construction, supervision, project management and Quality Control for Renovation of Auditorium is related to Provision of Urban Amenities under serial number 12 of the Twelfth Schedule to the Constitution of India. 6. Consultancy Services for Project management and quality assurance for the work of Rejuvenation and development of Lake to Forest Department. In this case the applicant provides pure consultancy service about project management and quality assurance for the work of Rejuvenation and development of lake to BBMP and to Forest Department without involvement of goods. It is very important to rejuvenate and development of lakes as these are source of ground water in the urban areas which maintain ecological balance in the environment. 7. Providing Project Management Consultancy Services including Constru....
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....ng including town planning. Since the said civil work is taken up in Sindhanur Town Municipal limits. which is a local body, it falls under serial number 1(Urban planning including town planning) of the Twelfth Schedule. 18. Thus from the above, it is seen that the services provided by the applicant are pure services, provided to the Local bodies and to the State Government Departments and are related to the functions entrusted under article 243W of the Constitution. However applicant has submitted only the work order issued by the BBMP and Department of Forestry and letter of acceptance filed by the applicant. The applicant has not submitted the copies of the agreements either entered with BBMP or Forest Department to know the any involvement of goods to carry out above said functions. Hence subject to the condition that the applicant is providing the only pure service to the Local bodies and Forest Department to carry out the function entrusted, the said service is exempted from GST as per Sl. No. 3 of Notification No.12/2017-Central Tax (Rate), dated 28th June 2017. 19. From the above it is observed that applicant providing pure services (without supply of goods) to ....