GST on Works Contract & Other Construction/EPC Contracts

by Sudipta Bhattacharjee, Rishabh Prasad, Abhishek Garg

GST on Works Contract & Other Construction/EPC Contracts

by Sudipta Bhattacharjee, Rishabh Prasad, Abhishek Garg

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Contents

About the Authors I-5
Preface to Ninth Edition I-7
Acknowledgement I-9

CHAPTER 1

INTRODUCTION TO THE SCHEME OF GST 1

CHAPTER 2

EVOLUTION OF ‘WORKS CONTRACT’ PRE-GST10
CHAPTER 3
DEFINITION OF ‘WORKS CONTRACT’ UNDER GST27
CHAPTER 4
OVERVIEW OF TREATMENT OF CONSTRUCTION CONTRACTS UNDER INTERNATIONAL VAT/GST REGIMES FOR A COMPARATIVE PERSPECTIVE33
CHAPTER 5
‘WORKS CONTRACT’ MUST PERTAIN TO ‘IMMOVABLE PROPERTY’ - WHAT IS ‘IMMOVABLE PROPERTY’?38
CHAPTER 6
FOR A CONTRACT TO QUALIFY AS ‘WORKS CONTRACT’, IT MUST INVOLVE ‘TRANSFER OF PROPERTY IN GOODS’ - WHAT IS ‘TRANSFER OF PROPERTY IN GOODS’? 50
CHAPTER 7
‘COMPOSITE’ AND ‘MIXED’ SUPPLY - RELEVANCE UNDER ‘WORKS CONTRACT’53
CHAPTER 8
INTERPLAY BETWEEN COMPOSITE SUPPLY, MIXED SUPPLY AND WORKS CONTRACTS 69
CHAPTER 9
CLASSIFICATION OF SERVICES UNDER GST AND ‘WORKS CONTRACTS’ 78
CHAPTER 10
INPUT TAX CREDIT FOR ‘WORKS CONTRACT’83
CHAPTER 11
CASE STUDIES TO PRACTICALLY UNDERSTAND WHETHER A CONTRACT WOULD QUALIFY AS ‘WORKS CONTRACT’ 114
CHAPTER 12
REGISTRATION FOR WORKS CONTRACTOR UNDER GST 127
CHAPTER 13
TIME OF SUPPLY AND ISSUANCE OF INVOICE (POINT OF TAXATION)133
CHAPTER 14
IMPACT OF GST ON ADVANCES/ SECURITY DEPOSITS ETC. 136
CHAPTER 15
VALUATION AND ‘FREE OF COST’ SUPPLIES BY THE CUSTOMER 142
CHAPTER 16
PLACE OF SUPPLY 148
CHAPTER 17
LIQUIDATED DAMAGES UNDER WORKS CONTRACTS & GST IMPLICATIONS 152
CHAPTER 18
GST RATES AS APPLICABLE ON VARIOUS TYPES OF WORKS CONTRACTS 167
CHAPTER 19
SUMMARIZING THE KEY DIFFERENCES IN ‘WORKS CONTRACT’ IN THE PRE AND POST GST ERA 183
CHAPTER 20
TRANSITION PROVISIONS UNDER GST FOR WORKS CONTRACT 187
CHAPTER 21
TAX DEDUCTION AT SOURCE (“TDS”) 195
CHAPTER 22
WORKS CONTRACT AND IMPLICATIONS IN OIL & GAS SECTOR 205
CHAPTER 23
WORKS CONTRACT AND IMPLICATIONS IN REAL ESTATE 212
CHAPTER 24
WORKS CONTRACT AND IMPLICATIONS FOR ROADS/HIGHWAYS 299
CHAPTER 25
WORKS CONTRACTS AND IMPLICATIONS ON PORTS 310
CHAPTER 26
WORKS CONTRACT AND IMPLICATIONS ON THERMAL POWER GENERATION 315
CHAPTER 27
WORKS CONTRACT AND IMPLICATIONS ON SOLAR POWER GENERATION 318
CHAPTER 28
WORKS CONTRACT AND IMPLICATIONS ON LARGE MANUFACTURING PLANTS 334
CHAPTER 29
WORKS CONTRACT AND IMPLICATIONS ON LARGE WATER SUPPLY PROJECTS 340
CHAPTER 30
GST AND ANTI-PROFITEERING 347
CHAPTER 31
PRACTICAL STRATEGIES VIS-A-VIS STRUCTURING OF VARIOUS TYPES OF WORKS CONTRACT UNDER GST 364
CHAPTER 32
WHAT HAPPENS TO ‘NO-INCOME TAX’ POSITION FOR OFFSHORE SUPPLIES UNDER A SINGLE EPC CONTRACT, POST GST? 375
CHAPTER 33
BEST PRACTICES FOR TAX CONTROVERSY MANAGEMENT UNDER GST 380

ANNEXURES

About the Author

Sudipta Bhattacharjee, Rishabh Prasad, Abhishek Garg

Sudipta Bhattacharjee Recognized in 2020 by the Businessworld Legal magazine amongst the top 40 of India's finest lawyers and legal influencers under the age of 40 [#BWLegal40under40], Sudipta is a Partner at a reputed Tier-1 law firm's Delhi-NCR office. He has 17 years of experience providing strategic tax and allied commercial-legal advisory services to clients in diverse sectors and structuring, drafting, reviewing, and negotiating various contracts.

Rishabh Prasad is an experienced tax lawyer working in the chambers of a highly reputed tax counsel and is based out of Delhi. He graduated from the prestigious National University of Juridical Sciences, Kolkata, in 2015 and has worked extensively in all areas of indirect tax, including GST, Service Tax, Customs, FTP and International Trade Laws. Rishabh has also been deeply involved with the GST transition in India and has regularly advised various corporate houses on strategic and typical day-to-day GST issues, including transaction structuring. Further, Rishabh has been a part of multiple transnational assignments for business conglomerates in relation to the impending transition to the VAT regime in the middle-east (Gulf Co-operation Council countries).

Abhishek Garg is a practising lawyer and holds dual professional qualifications of a Chartered Accountant and an Advocate. He is a Commerce Graduate from the prestigious Shri Ram College of Commerce and has done his Law at Campus Law Center, Faculty of Law, Delhi. He is a Fellow Member of the Institute of Chartered Accountants of India (ICAI).

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GST on Works Contract & Other Construction/EPC Contracts
Publisher: Taxmann
Pages: 438
Language: Hindi
ISBN: 9789357782678
975 Price : ₹ 1095
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ANNEXURE 1 - RELEVANT CGST RATE SCHEDULE FOR SERVICES 391
ANNEXURE 2- MAHARASHTRA GST ACT - NEW COMPOSITION SCHEME FOR BUILDER AND DEVELOPER 405
ANNEXURE 3- RELEVANT EXPLANATORY NOTES TO THE SCHEME OF CLASSIFICATION OF SERVICES 410