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GST on Repair of Govt Building.

SHIV KUMAR (Co-Founder of Sublime Associates) (245 Points)

03 October 2024

one person doing repair work under PWD and SADA( Local Authority).Where both authorties has been Duducted TDS under GST and IT as well.
How much rate of Tax applicable in this case?

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10 Replies

Rama chary Rachakonda (Master in Accounts & Lawyer email ID:ramachary64@gmail.com voice no:9989324294) (4826 Points)
Replied 03 October 2024

A person doing repair work for PWD (Public Works Department) and SADA (Local Authority) is considered a contractor. TDS (Tax Deducted at Source) is applicable under both GST (Goods and Services Tax) and IT (Income Tax). Assuming the person is an individual (not a company): - GST: 12% (standard rate for services) - IT: 1% to 5% (depending on the income slab) However, since both PWD and SADA are government authorities, the TDS rates might vary. For government contracts, the TDS rate is typically 2% to 5% under IT. To determine the applicable tax rate, consider the following: 1. GST: 12% (standard rate for services) 2. IT: - 2% to 5% (government contracts) - 1% to 5% (individual income tax slab) Consult a tax professional or chartered accountant to ensure accurate calculations and compliance with all regulations. Please note that tax rates are subject to change, and individual circumstances may affect the applicable tax rates.

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SHIV KUMAR (Co-Founder of Sublime Associates) (245 Points)
Replied 03 October 2024

Is there 12% or 18% GST. If 12% wheather ITC applicable

Khushbu Bansal (student) (48 Points)
Replied 04 October 2024

Tax Rate Summary for This Case:

GST Rate:
- 12% for works contract services provided to PWD/SADA.
- 18% for general repair and maintenance services.
TDS Under GST: 2% (1% CGST + 1% SGST) or 2% IGST.
TDS Under Income Tax (194C):
- 1% for individuals or HUF.
- 2% for companies or other entities.
- The supplier can then claim the GST TDS deducted in their GST returns and adjust the income tax TDS in their ITR filing.

SHIV KUMAR (Co-Founder of Sublime Associates) (245 Points)
Replied 05 October 2024

At the rate of 12% Am I eligible for utilise ITC ? Kindly suggest me HSN code as well.The contractor done work with PWD/SADA/Forest/Jal Shakti and MES as well all work are spacial repair of govt buildings.

Khushbu Bansal (student) (48 Points)
Replied 05 October 2024

Eligibility for Input Tax Credit (ITC):

You are eligible to avail Input Tax Credit (ITC) provided the following conditions are met:

GST Paid: The contractor should charge GST on the invoices for the services provided. ITC is available on the GST paid to the contractor.
Use in Furtherance of Business: The works should be used for business purposes or as part of business assets (as repairs of government buildings, this might not directly relate to your personal business use unless specified otherwise).
Taxable Supply: The services must be classified as taxable under the GST law, and you should be a registered person under GST.
12% GST Rate: The rate of 12% applies to works contracts for construction, repair, or maintenance of government buildings, as per GST Act under Section 2(119). If the services provided fall under this category, and you satisfy the conditions mentioned above, you should be eligible to claim ITC on the GST paid.

2. HSN Code for Special Repair Works (Government Buildings):

The appropriate HSN Code for these types of services is likely to fall under Chapter 9954, which covers construction services. For specific repair work like you mentioned:

HSN Code 9954 – This is applicable for construction services of buildings and civil engineering works.

Breakdown:
- 995421: General construction services of buildings.
- 995422: Repair and maintenance services for residential and non-residential buildings.

As this work involves repair of government buildings, HSN 995422 should be applicable.

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Rajendra Prasad (Employee Private) (1860 Points)
Replied 05 October 2024

The repairs and maintenance services provided to CPWD and SADA will be covered under GST rate @ 18% from 18/07/2022, with Input Credit.

SHIV KUMAR (Co-Founder of Sublime Associates) (245 Points)
Replied 05 October 2024

Thank so much all for your valuable comments. In this one point remains only the contractor filed all his GST returns for FY 22.23 and 23.24. But all returns are NIL whereas he has a liablity of GST how can I file all the data. thru DRC-03 or thru GSTR9 than DRC 03 and kindly suggest me the section as well.

Khushbu Bansal (student) (48 Points)
Replied 07 October 2024

Calculate the missed liability for FY 2022-23 and FY 2023-24.
Pay via DRC-03, if you wish to settle voluntarily before any notice.
File GSTR-9 to disclose the missed liabilities officially and pay via DRC-03.