QUESTION

We are contractor and providing services of maintenance of Common Effluent Treatment plant to Government Agency `Delhi State Industrial and Infrastructure Development Corporation Ltd. (DSIIDC)`. Our Question is: 1. Whether same is exempt under S.No. 3 of Notification No. 12/2017 - Central Tax (Rate) dated 28.06.2017. 2. We are allowed and have engaged various sub-contractors to provide the same service. Whether services of sub-contractors, providing services to Government on our behalf is also exempt.


ANSWER

Facts of the case: Services of maintenance of Common Effluent Treatment plant are provided to Government Agency DSIIDC by contractor/sub contractor is exempt or not.

Law Applicable: Notification No. 12/2017- Central Tax (Rate)
(zf) 'Governmental Authority' means an authority or a board or any other body, -
(i) set up by an Act of Parliament or a State Legislature; or
(ii) established by any Government,
with 90per cent. or more participation by way of equity or control, to carry out any function entrusted to a Municipality under article 243 W of the Constitution or to a Panchayat under article 243 G of the Constitution.

(zfa) 'Government Entity' means an authority or a board or any other body including a society, trust, corporation,

(i) set up by an Act of Parliament or State Legislature; or
(ii) established by any Government,
with 90per cent. or more participation by way of equity or control, to carry out a function entrusted by the Central Government, State Government, Union Territory or a local authority.'
3 Chapter 99 Pure services (excluding works contract service or other composite supplies involving supply of any goods) 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. Nil Nil
3A Chapter 99 Composite supply of goods and services in which the value of supply of goods constitutes not more than 25 per cent. of the value of the said composite supply 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. Nil Nil

Interpretation: If DSIIDC is covered under the definition of Government Authority or Government Entity as defined above then the same service is exempt otherwise taxable.

Further there is no restriction regarding the supplier, therefore if the supply provided by contractor/sub contractor to Government and falls under s.no. 3/3A of Notifcation No. 12/2017 Central tax (Rate), then it is exempt irrespective of supplier of service.

Conclusion: In your case if your services falls under any of above situation then it is exempt otherwise it will be taxable.(Reply dt.
27-02-2020