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No need for Separate GST Registration for executing Works Contract: AAR [Read Order]

GST Registration - AAR - Taxscan

The Authority of Advance Ruling (AAR) ruled there is no need for a separate Goods and Service Tax (GST) registration in another state for execution of the contract in that state.

The Applicant, M/s T & D Electricals is registered under the Goods and Services Act, 2017 and works as a contractor and wholesale supplier in Jaipur, Rajasthan. They have been awarded a contract by M/s Shree Cement Limited, Rajasthan for electrical, instrumentation, and IT jobs (works contract) at the township, Karnataka Cement Project, which is a unit of Shree Cement Ltd.

The applicant intends to supply goods or services or both from their principal place of business, which is located in Rajasthan. The applicant has only one principal place of business, for which registration has been obtained and does not have any other fixed establishment other than the principal place of business, as admitted by the applicant.

The applicant filed an application seeking clarification on the issue, whether separate GST registration is required in Karnataka state

The authority consisting of members, Dr. Ravi Prasad and Mashhood Ur Rehman ruled that the applicant need not obtain a separate GST  registration in Karnataka, to execute the project in Karnataka. However, they are at liberty to obtain the said registration, if they are able & intend to have a fixed establishment at the project site in Karnataka.

“The dealer in Rajasthan has to charge CGST & SGST when the goods, purchased by the applicant, are shipped to a project site in Karnataka, under the bill to ship to the transaction in terms of Section 10(1)(b) of the IGST Act 2017,” the authority ruled.

“The dealer in Karnataka has to charge IGST when the goods, purchased by the applicant, are shipped to a project site in Karnataka, under the bill to ship to the transaction in terms of Section 10(1)(b) of the IGST Act 2017,” the authority said.

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