Question25:
Please clarify rate of GST applicable on Work contract Service by Sub Contractor for Government contract.
As main contract is being awarded to another contractor and our contractor is doing Sub Contract and raise bills in the name of main contractor .
As total 5
number nos. of notification are issued in this regards as follows :
1. 11/2017 CT(Rate) dated 28/06/2017
2 20/2017-CT (Rate ) dated 22/08/2017.
3 24/2017-CT (Rate ) dated 21/09/2017.
4 31/2017-CT ( Rate ) dated 13/10/2017.
5 01/2018-CT (Rate ) dated 25/01/2018.
Notification number 01/2018
ct(rate ) dated 25/01/2018 clarify
that Item number (ix) inserted for sub contractor rate of tax as 12% if the main
contractor is a supplier of Govt WCT services. But the same is applicable only
for "Composite supply of work contract
as defined in clause (119) of section 2 of the Central Goods and Service Tax
Act,2017 provided by a sub contractor to the main contractor providing specified
in item (iii) or item (vi) above to government"
Our query is that is the same rate is applicable only for
Composite supply of work contract or only labor supplies work are also entitled
for GST rate @ 12%.
Answer
Rate of 12% in Item number (ix) inserted vide Notification No.
01/2018 ct(rate ) dated 25/01/2018 is applicable only for Composite supply of
work contract u/s 2(119) provided by a sub contractor to the main contractor
specified in item (iii) or item (vi) above to government.
Thus Labor service by sub-contractor to main contractor are under other
Construction services HSN 9954 @ 18%.(REPLY dt.
27-02-2018)