GST on Works Contract & Other Construction/EPC Contracts Sudipta Bhattacharjee, Abhishek Garg, Rishabh Prasad-As amended by Finance Act 2023

This book covers a broad spectrum of aspects in the context of works contracts. It provides an understanding of the impact of GST as applicable to 'works contracts' vis-à-vis a wide range of construction and EPC/O&M contracts or concession agreements.

This book is a comprehensive and practical guide for tax specialists and generalist legal advisors.

The Present Publication is the 9th Edition and has been amended by the Finance Act 2023. This book is authored by Sudipta Bhattacharjee, Rishab Prasad & Abhishek Garg, with the following noteworthy features:

• [30+ Crisp, Easily Readable Chapters] each explaining the concepts with several case-studies
• [Evolution of Concepts from the Pre-GST Era] have also been touched upon in the book to provide a comprehensive understanding
• [Sector-wise Coverage] which includes the following:
• Oil & Gas Sector
• Real Estate Sector
• Road/Highway Projects
• Ports
• Thermal and Solar Power Generation
• Large Manufacturing Plants
• Large Urban Water Supply Projects
• [Guidance on Available Legal Arguments] on critical areas of dispute such as:
• What can qualify as immovable property?
• Input Tax Credit related aspects as applicable to 'works contracts'
• Impact on Advances/Security Deposits
• 'Free of Cost' Supplies
• Transitional Issues
• Anti-profiteering
• [Detailed Analysis] on the following topics:
• Analysis on the applicability of GST on liquidated damages with detailed reference to the updated legal position in the European Union/United Kingdom
• Practical Strategies vis-à-vis structuring various types of Construction/EPC Contracts
• Best practices for tax controversy management under GST

The detailed contents of the book are as follows:

• Introduction to the scheme of GST
• Evolution of 'Works Contract' Pre-GST
• Definition of 'Works Contract' under GST
• Overview of Treatment of Construction Contracts under International VAT/GST Regimes for a Comparative Perspective
• 'Works Contract' must pertain to 'Immovable Property' – What is 'Immovable Property'?
• For a contract to qualify as a 'Works Contract', it must involve 'Transfer of Property in Goods' – What is 'Transfer of Property in Goods'?
• 'Composite' and 'Mixed Supply' – Relevance under 'Works Contract'
• Interplay between Composite Supply, Mixed Supply and Works Contract
• Classification of Services under GST and 'Works Contract'
• Input Tax Credit for 'Works Contract'
• Case Studies to practically understand whether a contract would qualify as a 'Works Contract'
• Registration for Works Contractor under GST
• Time of Supply and Issuance of Invoice (Point of Taxation)
• Impact of GST on Advances/Security Deposits, etc.
• Valuation and 'Free of Cost' supplies by the customer
• Place of Supply
• Liquidated Damages under Works Contract & GST Implications
• GST Rates as Applicable on Various Types of Works Contracts
• Summarizing the Key Differences in 'Works Contract' in the Pre and Post-GST Era
• Transition provision under GST for Works Contract
• Tax Deduction at Source ('TDS')
• Works Contract and Implications in Oil & Gas Sectors
• Works Contract and Implications in Real Estate
• Works Contract and Implications for Roads/Highways
• Works Contracts and Implications on Ports
• Works Contracts and Implications on Thermal Power Generation
• Works Contract and Implications on Solar Power Generation
• Works Contract and Implications on Large Manufacturing Plants
• Works Contract Implications on Large Water Supply Projects
• GST and Anti-profiteering
• Practical Strategies vis-à-vis Structuring of Various Types of Works Contracts under GST
• What happens to the 'No-Income Tax' position for Offshore Supplies under a Single EPC Contract post-GST?
• Best Practices for Tax Controversy Management under GST