TMI Blog2020 (3) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... he dumping station with the help of hook loaders mounted in compactor machine. There is, however, no reference to any supply of goods in the course of executing the work. The consideration to be paid measures the work only in terms of the quantity of the garbage lifted and removed. Based on the above documents, it may, therefore, be concluded that the Applicant's supply to HMC is a pure service. Furthermore, Article 243W of the Constitution that discusses the powers, authority and responsibilities of a Municipality, refers to the functions listed under the Twelfth Schedule as may be entrusted to the above authority. SI No. 6 of the Twelfth Schedule refers to public health, sanitation, conservancy and solid waste management. The Appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... munication of this Ruling, or within such further time as mentioned in the proviso to Section 100 (2) of the GST Act. Every such appeal shall be filed in accordance with Section 100 (3) of the GST Act and the Rules prescribed thereunder, and the Regulations prescribed by the West Bengal Authority for Advance Ruling Regulations, 2018. 1. Admissibility of the Application 1.1 The Applicant is stated to be providing solid waste management service to the Conservancy Department of the Howrah Municipal Corporation (hereinafter the HMC) and sewer cleansing service to the Sewerage and Drainage Department of HMC. The HMC is deducting TDS while paying consideration for the above supply in terms of Notification No. 50/2018 - Central Tax da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the value of supply of goods constitutes not more than 25 per cent of the value of the said composite supply. 2.2 The Applicant submits that the recipient, being a municipal corporation, is a local authority. He submits copies of the work orders issued, specification and terms and conditions of the work etc. to establish that he supplies pure service and, therefore, the exemption under SI No. 3 of the Exemption Notification applies to his supplies. 3. Observations and findings of the Bench 3.1 In its Circular No. 51/25/2018-GST dated 31/07/2018 the Central Government clarifies that the service tax exemption at serial No. 25(a) of Notification No. 25/2012 dated 20/06/2012 (hereinafter the ST Notification) has been substantiall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relation to any such function, the supply to the governments or governmental authorities/entities or local authorities is exempt from paying GST under SI No. 3 or 3A of the Exemption Notification, provided it is either a pure service or a composite supply, where supply of goods does not constitute more than 25% of the value. 3.3 The Applicant s eligibility under SI No. 3 or 3A of the Exemption Notification should, therefore, be examined from three aspects: (1) whether the supply being made is pure service or a composite supply, where supply of goods does not exceed more than 25% of the value of the supply, (2) whether the recipient is government, local authority, governmental authority or a government entity, and (3) whet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supply to HMC is a pure service. 3.6 Furthermore, Article 243W of the Constitution that discusses the powers, authority and responsibilities of a Municipality, refers to the functions listed under the Twelfth Schedule as may be entrusted to the above authority. SI No. 6 of the Twelfth Schedule refers to public health, sanitation, conservancy and solid waste management. The Applicant s supply to HMC is a function mentioned under SI No. 6 of the Twelfth Schedule. 3.7 The Applicant s service to HMC, therefore, is exempt under SI No. 3 of the Exemption Notification. 3.8 The TDS Notifications bring into force section 51 of the GST Act, specifying the persons under section 51 (1 )(d) of the Act and have mandated and laid down the mechan ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
