Manpower and Labour Supply Services Attract 18% GST: AAR
Live LawThe Telangana Authority of Advance Ruling has ruled that the manpower supply or labour supply services by the manpower supply agency fall under SAC 98519 and are taxable at the rate of 18%. The applicant sought an advance ruling on the issue of whether notification 4/2019 can be followed and GST be paid on an RCM basis for the share of the landlord as the project falls under "other than on-going Projects" as it can be considered as a new project. The applicant submitted that the customer is entering into two types of agreements at the time of selling the semi finished residential flat namely, "Sale Agreement" and completion of semi finished works called "Work Order". Finally, for residential apartments, GST is not payable on TDR, FSI, or payment of an upfront amount for a long-term lease of land if the supply occurs after April 1, 2019 and the residential apartment is sold before completion.However, for residential apartments remaining unsold after completion, a proportionate GST is payable on TDS, FSI or long-term lease of land by a developer-promoter under reverse charge.