Is there a GST Exemption on Operation and Maintenance of High Quality Treated Drinking Water Plant?

Case Title

 Unique Aqua Systems 

Court

Appellate Authority for Advance Ruling, Tamil Nadu

Honorable Judges

Member Thiru M.V.S Choudhary and Member Thiru M.A Siddique

Citation

2021 (10) GSTPanacea 63 HC Tamil nadu

TN/AAAR/19/2021(AR)

Judgement Date

13-October-2021

Council for Petitioner

Mr Tibrewal

Council for Respondent

Not applicable

In favour of

Assessee

Section

Classification of service and Section 11,101(3) and 102 of the CGST Act, 2017

The Appellate Authority for Advance Ruling, Tamil Nadu bench of Member Thiru M.V.S Choudharyu and Thiru M.A Siddique, held that No GST Exemption on Operation and Maintenance of High Quality Treated Drinking Water Plant for the “Amma Kudineer Project.

FACTS OF THE CASE

The Applicant, Unique Aqua System has stated that they have entered into a contract with the Greater Chennai Corporation based on which they have been awarded with the project of Operation and Maintenance of High Quality Treated Drinking Water Plant for the “Amma Kudineer (Drinking Water Plant) Project”.

As per the Contractual conditions of work order, they have supplied, installed and commissioned high quality drinking water plants at different locations as required by the Greater Chennai Corporation (GCC) on the land allotted to them. They have been provided with raw water and electricity free of cost for the operation and maintenance of the drinking water plant to dispense treated water to the General Public. The consideration for the above-mentioned service is paid based on the quantity of treated water dispensed to the General Public. The beneficiaries are identified by GCC based on their residential status of the Ward in which the water treatment plant is located. The treated water is distributed by way of smart cards issued to the beneficiaries by GCC.

The applicant has sought the advanced ruling on the issue whether the Services provided by the applicant to the recipient i.e. The Greater Chennai Corporation is a pure service provided to the local authority by way of activity in relation to functions entrusted to a Panchayat under article 243G and Municipality under article 243W of the Constitution and eligible for benefit of exemption provided under Serial No. 3 of Notification No. 12/2017- Central Tax (Rate) dated June 28, 2017.

COURT HELD

The Coram ruled that the Supply provided by the applicant to the recipient i.e. The Greater Chennai Corporation based on the agreement to provide RO Plant and undertake O&M of the same, being not a “Pure service” but a composite supply of goods & Services, they are not eligible for benefit of exemption provided at Serial No. 3 of Notification No. 12/2017- Central Tax (Rate) dated June 28, 2017. The Tamil Nadu Appellate Authority of Advance Ruling (AAAR) ruled that No GST Exemption on Operation and Maintenance of High Quality Treated Drinking Water Plant for the “Amma Kudineer Project.

ANALYSIS OF THE JUDGEMENT

As per the above case we analyse that there is No GST Exemption on Operation and Maintenance of High Quality Treated Drinking Water Plant for the “Amma Kudineer Project.

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Unique Aqua Systems

For Reference Visit:
AAAR Tamil Nadu

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