Page 70 - GSTL_13th August 2020_Vol 39_Part 2
P. 70

156                           GST LAW TIMES                      [ Vol. 39
                                     cant in Contract Agreement - No component of supply of goods - Supply clas-
                                     sifiable as pure services - APPRED formulated by Government of Andhra Pra-
                                     desh and function directly under Ministry of Panchayat Raj & Rural Devel-
                                     opment - APPRED qualifies as to be a technical wing of Department of Pan-
                                     chayat Raj & Rural Development of State Government - Services rendered are
                                     covered under Eleventh Schedule to Constitution of India - Services provided
                                     exempted under Sl. No. 3 of Notification No. 12/2017-C.T. (Rate) as amended
                                     by Notification No. 32/2017-C.T.  (Rate) and Sl. No. 3  (Chapter  99) of Table
                                     mentioned in G.O. Ms. No. 588-(Andhra Pradesh) State Tax (Rate) - Articles
                                     243G and 243W of Constitution of India. [para 6]
                                                                                   Ruling in favour of assessee
                                            REPRESENTED BY :      M/s. Rajvanshi & Associates, for the Assessee.
                                            [Order]. - The present application has been filed u/s. 97 of the Central
                                     Goods & Services Tax Act, 2017 and AP Goods & Services Tax Act, 2017 (herein-
                                     after referred to CGST Act and APGST Act respectively) by M/s. Consulting En-
                                     gineers Group Limited,  (hereinafter referred to as  applicant), registered  under
                                     the Goods & Services Tax.
                                            2.  The provisions of the CGST Act and APGST Act are identical, except
                                     for certain provisions. Therefore, unless a specific mention of the dissimilar pro-
                                     vision is made, a reference to the CGST Act would also mean a reference to the
                                     same provision under the APGST Act. Further, henceforth, for the purposes of
                                     this Advance Ruling, a reference to such a similar provision under the CGST or
                                     APGST Act would be mentioned as being under the GST Act.
                                            3.  Brief facts of the case :
                                            (1)  M/s. Consulting Engineers Group Limited (hereinafter referred to as
                                                 ‘CEG’ or the ‘Applicant’) is a Company registered under the Compa-
                                                 nies Act, 1956 and registered with Registrar of Companies as “Con-
                                                 sulting  Engineering    Group    Limited”    vide   CIN    :
                                                 U74140RJ1991PLC006329 with its Registered Office at 7th Floor, B-
                                                 11(G), Industrial Area, Malviya Nagar, Jaipur-302017 and having its
                                                 Branch Office in Andhra Pradesh vide GSTIN 37AAACC7519B1ZZ,
                                                 having its Principle place of Business at Bye Pass Road, Door No.
                                                 76-13-99/5, Beside Bashyam School, Jojinagar, Vijayawada, Krishna,
                                                 Andhra Pradesh, 520012.
                                            (2)  Andhra Pradesh Panchayat Raj Engineering Department (hereinaf-
                                                 ter referred to as APPRED) set up by an act of Parliament and head-
                                                 ed by the Commissioner of Panchayat Raj, the Department of Pan-
                                                 chayat Raj and Rural Development is responsible for planning and
                                                 execution of programs for rural development. The main functions of
                                                 the Department are as follows :
                                                  •   Implement schemes for rural development
                                                  •   Improve the coverage and quality of infrastructure facilities
                                                      in rural areas
                                                  •   Make provision to provide clean drinking water
                                                  •   Execute minor irrigation and poverty alleviation programs
                                            (3)  The Department is implementing several schemes to improve living
                                                 conditions of people in rural areas and to create economic aware-
                                                 ness in rural areas. Some of these schemes include
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