• Taxability of exempt items included in work contract

Our company takes turnkey contract work of erecting extra high voltage electric transmission lines. The contract covers following three items :-

1. Cost of material i.e. towers, conductors and hardware
2. Land compensation/ land use right charges payable to farmers
3. Erection testing and commissioning work
4. 15% supervision charges (profit) on total cost of work including land compensation/ land use right charges

In respect of work at Sl. No. 3, following points are relevant 
(1) The land compensation charges / land use right charges is paid to those farmers whose piece of land is used for construction of tower and or covered under the overhead line. The land is not acquired but remains in the name of former but charges for "right to use of land" is paid as per government's guidelines. 

(2) The necessity of occurrence of work of land compensation charges / land use right charges depends on the main work of construction of lines i.e. if main work of erection of line does not take place, the work of providing land compensation does not occur.

in view of above, please give your opinion on taxability of the above contract answering the following question: -
(i) shall the whole work come under the "work contract" as defined under GST Act
(ii) Is the work of providing land compensation / charges for land use right exempt from GST
(iiI) If the work of providing land compensation / charges for land use right exempt form GST, can we separate this work from main contract and categorize it under pure agency work on no profit no loss basis.

Please give opinion
Asked 6 years ago in GST

Whatever the name is basically you are paying rent to such farmers and then recovering such rent from the government.

 

If you don't show it separately it would be covered under mixed supply and therefore it would be charged as per rates of works contract.

 

I dont think its exempt from GST as basically its rent paid for using a portion of land.

So if you show it separately and can take it as per definition of pure agent then you can save it from GST otherwise it would be covered under GST.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

Naman Maloo
CA, Jaipur
4306 Answers
101 Consultations

1.Only development of towers, conductors and hardware (i.e. plant and machinery embedded into the earth) would fall under the definition of the works contract and not the whole project.  

 

2. Sale of land is exempt subject to specified stipulations. The liability to charge GST on land use is on the owner of the land and not on the recipient. 

 

3. I don't think it is a valid option.

Vivek Kumar Arora
CA, Delhi
5031 Answers
1150 Consultations

Dear Sir,

 

1. No, the whole project will not be considered as work contract.

 

2. No, it is not exempt.

 

3.Yes, you can show it separately.

Payal Chhajed
CA, Mumbai
5189 Answers
303 Consultations

Hello,

 

1. No. Only point no. 1 would be covered under works contract i.e. Work on towers, conductors and hardware.

2. Compensation or charges for land use are not exempt from GST. Since you are reimbursing the charges from your customer, it is chargeable to GST.

3. Yes, as farmers won't be liable to charge GST on these charges for land use.

I hope this answer satisfies your requirement.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

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