watch_later 02/10/19

One person service provide  roads and repairs  works in   workcontract gst regular scheme registered in gst act.a person gst monthly returns gstr3b and gstr1 NIL returns filed total finicial year 2018.19.if  I.t. returns filed total works amount as per 26AS  received for 2018.19 year.

My doubt 

1.This works amount(as per 26 as)  show the monthly gst returns for 2018.19 

2.This works amount gst(tds) not deducted.

3.Purchases of iron and cement from registered dealers.purchases itc claim eligible or not.

1 Response | Latest response: 03/10/19 | Sort by Likes(thumb_up) Recent | GST Reply
watch_later 03/10/19

Desr Sir/Madam,

                          GST on works contract services is applicable The works contract GST rate has been fixed at 18%. It is to be noted, that the treatment of works contract under GST will be applicable only for immovable properties. In your case if it is for construction of road then 18% rate is applicable. 

                           For Small Taxpayers with annual turnover upto Rs 5 crore, will have the option to file returns quarterly. 

                          The rate of TDS applicable on contracts under section 194 C is 1% for Residential Individuals and HUF (Hindu Undivided Family). However, for resident other than individual or HUF are liable to pay 2%. Payee not possessing PAN card will be liable to pay at the rate of 20%.

                          Under GST, input tax credit is not available for works contract services when supplied for construction of immovable property (excluding plant and machinery), except where it is an input service for the further supply of works contract service – which means that contractor can avail the ITC in respect of services availed from the sub-contractor. Also, ITC will not be available for all goods or services accepted by a taxable person for constructing immovable property with his own account (you have to create works contract account).This excludes plant and machinery, even when used for use in the course or furtherance of business. Thus in your case if purchases of iron and cement from registered dealers is for construction of roads and not repairs then you are not eligible for the benefits of ITC. 


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