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07. Sec.2(119)- Works contract under GST
                                                                                           iii) No,  the activity of assembling units will not qualify as works contract as it is
            CCP 02.07.15.00                                                                   relation to a movable property.
     CH 2  Define the term 'Works Contract'                                                 iv) Yes,  the given activity is in relation to building which is immovable property &
           Answer: As per section 2(119) of CGST Act , “works contract”  means a contract for   thus qualifies as works contract.
         Charge of Tax & Concept of Supply
             building, construction, fabrication, completion, erection, installation, fitting out,
             improvement,  modification,  repair,  maintenance,  renovation,  alteration  or   08. Sec.7(1)- Meaning and scope of supply
             commissioning                                                                 CCP 02.08.17.00
                 Ø  of any immovable property                                             When does a particular activity attract GST? Explain the scope?
                 Ø  wherein transfer of property in goods  (whether as goods or in some other   Answer: As per section 9 of CGST act,  GST is leviable on supply of goods / services

                     form) is involved  in the execution of such contract                 or both& also
                                                                                          As per section 7 of CGST act, supply includes
            CCP 02.07.16.00                                                               (1) All forms of supply  of goods or services or both
           Aspire Ltd enters into contract with Beta Ltd for execution of works contract       Ø such as sale, transfer, barter, exchange, licence, rental, lease, or disposal
           for ` 50,00,000 excluding taxes for following activities pertaining to construction   Ø made or agreed to be made for a consideration  by a person
           of a complex. Determine whether the following activities fall under the ambit of    Ø in the course or furtherance of business
           'works contract'                                                               (2) import of services  for a consideration whether or not in course or furtherance of

             i) Erection & installation of structural designs to the complex which involved    business and
                material.                                                                 (3) the activities specified in Schedule I , made or agreed to be made without a
             ii) Fabrication works relating to the structure of complex no material is         consideration
                involved.                                                                                Thus, all the activities specified above falling under the scope of
             iii)  Assembling  of  units  pertaining  to  movable  property  which  involved   supply shall attract GST excluding
                material and goods.                                                            (a) those activities as specified in Schedule III.

             iv) Tiling & painting work of the entire building which involved material.        (b) such activities or transactions undertaken by the Central Government, a
           Answer: As per section 2(119) of CGST Act , defining the term works contract. Only if    State Government or any local authority in which they are engaged as public
           the activities fall under the definition it shall be considered as a works contract.     authorities, as may be notified by the Government on the recommendations
            I) Yes,  the given activity is in relation to an immovable property thus qualifies as a   of the Council,
              works contract                                                                       Ø Services by way of any activity in relation to a function entrusted to a
            ii) No,  even though the given activity of fabrication is in relation to immovable       Panchayat under article 243G OR to a Municipality under article 243W

              property thus it does not qualifies as works contract because material is not           of constitution.
              involved.                                                                           Ø Service by way of grant of alcoholic liquor licence, against consideration by


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        16    CA VISHAL BHATTAD          09850850800                                                                                           V’Smart Academy
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