In re West Bengal Agro Industries Corporation Limited (GST AAR West Bengal)
Supply by Project Implementing Agency to the State Govt. Department is required to issue tax invoice on the contract value
The AAR, West Bengal in the matter of M/s West Bengal Agro Industries Corporation Limited [Advance Ruling No. WBAAR 15 of 2022 dated December 22, 2022] has ruled that assessee acting as Project Implementing Agency, making supplies to the State Government Department is required to issue tax invoice on the contract value as determined by the Department in spite of the fact that there is no value addition in the supply.
Facts:
M/s West Bengal Agro Industries Corporation Limited (“the Applicant”) is a Government Undertaking under the administrative control of Water Resources Investigation & Development Department, Government of West Bengal, wherein, the Applicant under the Agri Engineering Division, undertakes civil works as ‟Executive Agency or Project Implementing Agency” entrusted by various Administrative Departments of Government of West Bengal in the development of rural infrastructure, which is done by the Applicant through various suppliers/contractors.
The Applicant submitted that while submitting utilisation certificate to the concerned Administrative Department to the extent of the value of the bill of contractor, no monetary value is being added by them and accordingly, no further Goods and Services Tax (“GST”) liability should accrue on them except the value of work executed by the contractor who issues tax invoice to the Applicant.
Further, the Applicant performs the functions as equivalent to works department of the State Government. Although, the property in goods used in the execution of works is directly transferred from contractor to concerned Department through principle of accretion, accession or blending and the Applicant neither holds, nor in a position to transfer the property in goods used thereon. Hence, the contract between the concerned Department and the Applicant should not be treated as “works contract” as defined in Section 2(119) of the Central Goods and Services Tax Act, 2017 (“the CGST Act”). Thus, the Applicant is not required to submit tax invoice to concerned department, for the works done by the Applicant as a Project Implementing Agency and is required to issue tax invoice only for agency fees along with the summary bill of the works done with the required certificate.
Issue:
Whether the Applicant is required to issue tax invoice to State Government Department/ Directorate on the contract value as determined by the department where the Applicant is working as a “Project Implementing Agency”?
Held:
The AAR, West Bengal in the matter of Advance Ruling No. WBAAR 15 of 2022 held as under:
