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uate Haha wa W owsodo & viet ¥ Prifrr sede far var &— ‘The
assessment of subsumed tax shall be submitted by the contractor along with copies of invoice and
statement of input taxes duly certified by the Chartered Accountant, It is responsibility of the
contractor to furnish correct details of the subsumed taxes”. SRRDAs to ensure that this may be
Sbtained from the contractor and duly verified by SRRDA/PIUs. It should be ensured that ITC for
inputs purchased for PMGSY project should be applied/caleulated in respect of such project, and
not for any other business/project of the contractor.
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‘National Rural Infrastructure Development Agency
(Ministry of Rural Development, Gort. of India)
* Flog 15-NBCC Tower, Bhilai Cama Pace, New Delh110066
peggy
NRRDA-Go2(17)/3/2017-FA Date: 12.04.2022
To,
|The ACS/ Principal Seretary/ Secretary of Nodal Departments of PMGSY/ RCPLWEA of
| States/UTs.
Subject: Implementation of Goods and Service tax in Works Contracts of PMGSY/ RCPLWEA.
Sir/ Madam,
‘leave refer to this office OM No NRRDA-Goas(17)/32017-FA. dated 06.06.2018 (copy attached)
con the aforesaid subject whereby comprehensive guidelines to enable the States to calculate the
stational tax implication, if any, on account of application of GST regime were circulated. On the
esis of information collected in NRIDA from various States/UTs it has been observed that only very
few States have reported any additional financial liability on account of implementation of
GST in PMGSY works, which leads to a conclusion that there might not be any additional
lability on account of GST. Therefore, in this regard, the following guidelines are reiterated to be
followed strictly by States/UTs (especially those reporting additional liability for GST) while
processing GST related claims /payments.
TAs per para A (vii) of NRIDA's circular dated 06:06 2038. “Once the value of work sanctioned
\ nd GST taxes are arrived, employer may enter into supplemental agreement with revised
agreement value... It may be ensured that the SRRDA's enters into supplemental agreement
‘with revised agreement value before making any additional payment on account of GST.
ji. Para A (vi) ofthe circular stipulates that, "The assessment of subsumed tax shall be submitted
by the contractor along with copies of invoices and statement of input taxes duly certified by
| the Chanered Accountant. Ici responsibility of the contractor to furnish correct deals of the
subsumed taxes”. SRRDAS to ensure that this may be obtained from the contractor and duly
vetiied by SRRDA/PIUs. Tt should be ensured that ITC for inputs purchased for PMGSY
project should be applied/ calculated in respect of such project, and not for any other
business/ project of the contractor.
‘Accordingly, the State/UT shall work out the impact of GST forall the works individually for
{all categories of works indicated in the OM dated 06.06.2018. Any cost escalation, after adjusting the
| project saving that may be required, shall be borne by MoRD and the state in the existing fund
sharing pattern of PMGSY, as may be applicable to the state, States/UTS are requested to take action
in this matter keeping in mind the above said instructions.
Yours sincerely
(Dey
Director (F&A)
Copy to: faye
*. PPS10,AS (RD) & DG. NRIDA. Krishi Bhawan, New Delhi,
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7345201 Natlonal Rural Infrastructure Development Agency ny ener FETS
ae Ministry of Rural Development, Government of Teas 06 I
* @ 1s Nace Tower, S Floor, Bhkali Cama Place, New Delhi
a Dated: 06.06.2018,
fie no, wanoa-co2s1a7)32017-46 199 20 (377 7 A>
To
tments of PMGSY (State/UT), Empowered
‘The Principal Secretary/ Secretary of Nodal Depart (NAS) (All State)
Officers/CEOs & Chilef Engineers of SRRDAS, General Managers Finance
Subject: Implementation of Goods and Service tax- Works Contract
Sir/Madam,
Government of india has enacted the Goods and Services Act 2017 throughout India
wef, 1.07.2017, The GST has subsumed various indirect Taxes of both the Central & State
Government, such as Central Excise Duty, Service Tax, Central Sales Tax (CST/ Works
Contract Tax (WCT)/ State Value Added Tax (VAT), Additional Custom Duty (CVD) and special
Additional Duty (SAD) apart from Entry Tax and Octroi Charges etc.
2. The Standard Bidding Document (SBD) makes provisions about the taxes which directly
related to Contract Value. It incorporates that whenever the tax structure is changed during.
the ongoing contract and new law comes into force then the contractor has to be refunded
the increased amount of taxes, if any and similarly, recovery is to be made from the
contractor ifthe taxes have decreased.
3. On request of various States, seeking clarifications of GST and issuance of guidelines for
future references, this office in consultation with Integrated Finance Division (IFD) of
Ministry of Rural Development (MoRD) has worked out comprehensive guidelines and
categorized all the projects under PMGSY into four different categories of A, B,C and D to
enable the States to calculate additional tax burden.
4, The adoption and the consequent implication of GST under PMGSY will be on the
following categories of works -
1. Works sanctioned, prior to 02.07.2017, under different phases of PMGSY and which
are ongoing le. subsisting contracts{ including the delayed projects, beyond the
original intended completion date) under various stages of physical and financial
progress -(Category A)
li, Works sanctioned, after 01.07.2017, under different phases of PMGSY wherein GST
hhas not been accounted for in the original proposal/sanction and wherein Tenders
have been completed-(Category 8)
|i Works sanctioned after 01.07.2017, under different phases of PMGSY wherein GST
hhas not been accounted for in the original proposal/Sanetion and for which tender
process has not been initiated - (Category C).
iv. All new works proposed and yet to be proposed le, works whic
. worl ich inthe
under PMGSY - (Category D). —
5. Following are the Guidelines suggested to be followed by all SRRDAs —
A. Category A
L
Ths new Goods and Services Tox (GS) lws requ that al ivoees should show the value
Of supply and GST separately, and the value of suppl wil therefore, Include nom-cST exe
main embedded inthe Input prices, such as taxes on petroleum products, :
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NRRDA-G021(17)/3/2017-FA
‘The Project components under different major heads (ike Earth, Sand, Aggregates, tee!
Bitumen etc) are to be intimated by the Contractor, checked and confirmed by the
‘competent authority.
‘The major issue under GST regime isto identify the portion ofthe existing contract that wil
Come under GST. Therefore, there Is a need to cull out GST component of the existing
contracts (i.e, the value of taxes subsumed under GST).
ta sett date for this purpose wil be 01.07.2017 Le, GST willbe applicable on the
portions of the contracts that are being paid from 02.07.2017.
aoe ef ahe portion ofthe work not completed or not ald for 2s on 01.07.2017 shall Be
divided into two components.
Value of work including taxes and duties such as Customs Duty, taxes on petroleum products
aad ether non-VAT taxes that have not been subsumed into GST should be worked out.
a catence wll be the value of taxes subsumed into GST such as Central Excise Duty and
vaT ie. GST component.
herefore, the value of subsumed taxes under GST needs to be separated ovt from the
‘contracted amount to arrive at the value of work
She key issue is to estimate the value of subsumed tax carefully and 3s accurately as
possible. For this purpose, an indicative Excel formatis annexe’ for guidance.
rose calcuatons are also attached herewith and states may workout similarly for all the
going works. Excel sheet incicates various project components which atract various types.
oan using ED, CST, VAT/WCT and other taxes which were already in the contract
price ae per the original contract. The same format can be used to compile the information
are a ngoing project, taking into consideration the GST input tax credit availabe For the
project. The assessment of subsumed shall be submitted by the contracioe along with
ares of invoices and statement of input taxes duly certified by a Chartered Accountant is
ecponsbilty of the contractor to furish correct details of the subsumed taxes,
ceeore value of work sanction and GST taxes are arrived, the employer may enter into
crmmtemental agreement with revised agreement value that wil be eriginal contracted value
are the value of subsumed tax arrived as above plus GST of 12%. ie., the cost of the
saevumed taxes factored inthe original contact value is required to be deducted from the
sriginal contract price to arrive at the actual amount of "cost of the project.
ae GST law allows the ITC (input Tax Credit) under the existing Acts (VAT ete) to be carried
Tesurard under their Tanstional Provisions. Therefore, Section 140 of the GST law in effect
Slow eredit of all subsumed taxes paid by a taxable person on his inputs, including the
Central Excise Duty embedded in the price of inputs.
Thus, the supplier gets ITC into the GST crecit ledger through Transitional Provisions
{including both the VAT and Central Excise Duty paid on the inputs).
{The contractor while raising their bill and tax invoice post-GST, will now collect GST as
Indicated above from the employer and will remit the same to the respective Government,
‘The entire GST of the supply will have to be finally borne by the employer.
‘The contractor will have to pay GST on the value of work, which he will pay to the respective
Government, partly using the ITC that represents the taxes that he has already paid through
the inputs, and partly using cash collected from the procuring entity concerned.
“Thwough this arrangement, the supplier also cannot claim to have incurred loss on account of
embeded taxes that has been paid on the Inputs.
. ategory B
‘The works sanctioned after 03.07.2017, may be treated upon status of their work, as here
under: °
For works, which hve been awarded and commenced onthe fl, at i
‘as detailed in the Category A above. eee
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For works, which have been awarded but
before commencement of the wor
In cases, where tenders are initlated as per,
norms, there should be no change In the eval
bids shall be evaluated based on the triterla mi
after identification of the lowest bidder,
GST are carefully deducted to arrive at t
agreements should provide for payment of value of
canny pyle
NRRDA-GO2 (17)73/2017-FA 4 J
5s pur got commenced may also be treated as above e
erienaeee
Document)
the existing SBD (Standard Bidding
uation crterla for selection of the bidders and
rentioried In the tender documents. However
‘ed that, all taxes subsumed under
it must be ensur
he value of works under the GST law, and the
‘works plus applicable GST-
Category C
In cases, where the sanctions have been obtained after OL.
the value offered by the
‘The SBD may be modified to the above extent.
‘The Bill of Quantities (800) shal also reflect prices offered by the
applicable GST separately.
‘The states shall work out the departmental cost
(07.2017 and tenders are yet to be
ated, the rates to be quoted shall be exclusive of GST and GST of 32% will be added to
Ider separately.
\e bidder without GST and
of the work without GST for the purpose of
evaluation and comparison with rates offered by the bidders.
Category D
In cases of all new works to be proposed under PMGSY, the states shall prepare Schedule of
Rate (SoR) after deducting the taxes subsumed under GST.
‘The Detailed Project Reports shall be prepared based on this revised SoR and the state may
add 12% GST to cost of the work to arrive at the overall cost of the work
Inall such cases approval of SoR may be obtained from NRRDA as per existing practice.
Revision of Cost
‘The states shall work out the impact of GST for all the works individually for all category of
works indicated above and shall submit detailed proposals based on the same. Any cost
excess that may be required shall be borne by MoRD and the state in the existing Fund
sharing pattern of PMGSY as may be applicable to the state.
‘These instructions will not apply to cases were the proposals have been made with
necessary GST component for which no revision of cost is required or permitted.
‘This has concurrence of IFD, MoRD vide diary dated 28.05.2018. w
Yours sincerely,
Director (f&A)
Copy to:
1, J5 (RC) & 0G, NRIDA, Krishi Bhawan, New Delhi
2, All Financial Controllers of Nodal Departments of PMGSY
3.
4
5.
Director (Tech.)/ Director (P-ll}/Director(P-t, Pll) NRIDA
Dy. Secretary (RC Division) MoRD, Krishi Bhavan, New Delhi
3. Dy. Secretary (IFD), MoRD, Krishi Bhavan, New Delhi.
sil’
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