AAR Karnataka
S.K. Swamy and Company, In re
Where applicant, a registered partnership, supplied ballast and loaded it into Railway wagons using JCB loaders without undertaking any building, construction, erection or activities connected with immovable property, such work did not meet statutory requirements for works contract and thus could not be classified as one under GST law. GST: Where applicant executed contract for supply of ballast and separate loading service with distinct pricing, sequential execution, separate invoices, and transfer of title to Railways before loading, such supplies were not naturally bundled or composite, but independent and liable to separate GST as per relevant classification and rate for each supply. GST: Where applicant provided loading services of Railway-owned ballast into wagons using mechanical loaders without engaging in transport or wagon movement, activity was essentially cargo handling, classifiable under SAC 996719, and attracted GST at 18 percent as per relevant rate notification