Nath Services Limited, registered under GST, is engaged in providing various services to Government. The company provides the following information…
CA Intermediate · Taxation · MTP · May 2024
Nath Services Limited, registered under GST, is engaged in providing various services to Government. The company provides the following information in respect of services provided during the month of April: S. No. Description of Services provided (i) Supply of manpower for cleanliness of roads not involving any supply of goods. (ii) Service provided by Fair Price Shops owned by Nath Services Limited by way of sale of sugar under Public Distribution System against consideration in the form of commission. (iii) Service of maintenance of street lights in a Municipal area involving replacement of defunct lights and other spares alongwith maintenance. Generally replacement of defunct lights and other spares constitutes 35% of the supply of service. (iv) Service of brochure distribution provided under a training programme for which 70% of the total expenditure is borne by the Government. Comment on the taxability or otherwise of the above transactions under GST law. Also state the correct legal provisions for the same.
Suggested Answer and Working Notes:
S. No. Particulars Taxability (i) Supply of manpower for cleanliness of roads not involving any supply of goods. [Pure services provided to Government are exempt.] Exempt (ii) Service provided by Fair Price Shops by way of sale of sugar under Public Distribution System [Service provided by Fair Price Shops to Government by way of sale of sugar under Public Distribution System against consideration in the form of commission is exempt.] Exempt (iii) Service of maintenance of street lights in a Municipal area involving replacement of defunct lights and other spares constituting 35% of the supply of service. [Composite supply of goods and services to Government in which the value of supply of goods constitutes not more than 25% of the value of the said composite supply is exempt. Since, in this case value of supply of goods constitutes 35% of the supply of composite service, same is taxable.] Taxable (iv) Service of brochure distribution provided under a training programme. [Services provided to the Government under any training programme for which 75% or more of the total expenditure is borne by the Government is exempt. Since in the given case, 70% of the total expenditure is borne by the Government, it is taxable.] Taxable
Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax
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