Go AD-Free with CAclubindia Pro and Daily WhatsApp Updates. Subscribe Now!

What i have to charge IGST or SGSC CGST??

31 October 2018

I am a contactor from jaipur rajasthan. I got a order from a company of Chandigarh. the whole work will be executed in Barmer Rajasthan. Its a Works contract. its includes material supply and installation.

Reply
Follow
Share

9 Replies

CA Ankit R Momaya (Partner at Bhat Momaya & Associates) (2319 Points)
Replied 31 October 2018

Since this is work related to immovable property, the place of supply In such cases will be the location of immovable property.

Hence in your case CGST and SGST will be charged

Upgrade to CAclubindia Pro. Subscribe Now!

Kapil Goyal (5 Points)
Replied 31 October 2018

thanks ankit ji. The company in chandigarh is a Punjab Govt. Undertaking Company. in this case what will be tax rate???

MY Indians Tv (292 Points)
Replied 31 October 2018

services provided to an immovable property place of supply will be where the immovable property intended to be located.

In this case place of supplier in Rajasthan and supply of service in Chandigarh. so Igst legible. because both are in different states

1 Like

CA Ankit R Momaya (Partner at Bhat Momaya & Associates) (2319 Points)
Replied 31 October 2018

Dear Kapil,
Can you place elaborate the nature of works contract services.

Kapil Goyal (5 Points)
Replied 31 October 2018

we basically Contractor. this work is of Raiways Of jodhpur division. this work is alloted to Chandigarh Company. we take this work as sub contract from this company.

Upgrade to CAclubindia Pro. Subscribe Now!

Pankaj Rawat (GST Practitioner) (55057 Points)
Replied 31 October 2018

As per the SOP released on CBEC site , If the POS of Supplier & Location of supply is in same state (Rajasthan) but Recipent (Govt) is in other State (Chandigarh), it will be treated as INTRASTATE Supply & CGST/SGST will applicable. (Refer the Section 12(3) IGST Act )

Pankaj Rawat (GST Practitioner) (55057 Points)
Replied 31 October 2018

(As we basically Contractor. this work is of Raiways Of jodhpur division. this work is alloted to Chandigarh Company. we take this work as sub contract from this company.) As to above clarification given by you ,it means the The Recepient location & the Place of supply is same state (Rajasthan) & the supplier location is other state (Chd) So in this case it will be treated as IGST supply . Note : i assume that bill to Jodhpur railway will be Raise by Chandigarh Contractor

Pankaj Rawat (GST Practitioner) (55057 Points)
Replied 31 October 2018

As per Notification 2/2018 CT (r) ITs Exempted if 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 Govt. Hence its better if you can clarify the Exactly what kind of work contract is to done for Jodhpur Railway division , becuase the Gst rate vary in type of work contract services provided