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Goods and Services Tax

GST on Services rendered under contract with State Urban Development Agency

Case Law Details

TaxGuru Citation
2020 taxguru.in 3026
Case Name
In re Snow Fountain Consultants (GST AAR Uttar Pradesh)
Date of Judgement/Order
Only available for paid members
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In re Snow Fountain Consultants (GST AAR Uttar Pradesh)

Whether the Project Development Service (i.e. Detailed Project Report Service) and Project Management Consultancy    services (PMCS)   provided   by the applicant to recipient under the contract from State Urban Development Authority (herein after referred as “SUDA”) and the PMC under the contract for Pradhan Mantri Awas Yojna (PMAY in short) would qualify as an activity in relation to function entrusted to Panchayat or Municipality under Article 243G or Article 243 W respectively, of the Constitution of India?

Ruling on Question 1. We hold that the Services rendered under the contract with State Urban Development Agency, Uttar Pradesh (SUDA), and for PMAY are in relation to functions entrusted to Municipalities under Article 243W and to Panchayats under Article 243G of the Constitution of India.

Ruling on Question 2. Such services would qualify as Pure Service (excluding works contract service or other composite supplies involving supply of any goods)” and accordingly exempt from the payment of GST duly covered in Sl. No 3 of Notification No. 12/2017- Central Tax (Rate) dated 28 June, 2017, (as amended from time to time) issued under Central Goods and Services Tax Act, 2017 (CGST/Act), and corresponding notifications issued under Uttar Pradesh Goods and Services Tax Act, 2017 (UPGST Act).

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