Supply of Farm Labour

 Exempt or Taxable

Mrs Manju Devi, In re (2020) AAR-Rajasthan

 

The applicant has sought a advance ruling to determine whether GST exemption on supply of farm labour services is available to the supplier of manpower falling under SAC 99851

 

SAC CodeDescriptionGST Rate
SAC 9985Employment services including personal search/referral service & labour Supply Service18%
SAC 998611Support Services to agriculture, hunting, forestry and fishing0%
SAC 9986 (998612,998613,998614,998615,Support Services to agriculture, hunting, forestry and fishing18%

 

Following Services are exempt from GST as per Notification No 12/2017 Central Tax Rate (Point No 54)

 

Service relating to cultivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other similar products or agricultural produce by way of—

 

(a) agricultural operations directly related to production of any agricultural produce including cultivation, harvesting, threshing, plant protection or testing;

 

(b) supply of farm labour;

 

(c) processes carried out at an agricultural farm including tending, pruning, cutting, harvesting, drying, cleaning, trimming, sun drying, fumigating, curing, sorting, grading, cooling or bulk packaging and such like operations which do not alter the essential characteristics of agricultural produce but make it only marketable for the primary market;

 

(d) renting or leasing of agro machinery or vacant land with or without a structure incidental to its use;

(e) loading, unloading, packing, storage or warehousing of agricultural produce;

(f) agricultural extension services;

(g) services by any Agricultural Produce Marketing Committee or Board or services provided by a commission agent for sale or purchase of agricultural Produce.

 

Decision:-

9985 is for support services other than agriculture and includes manpower supply for various works.

9986 covers the services relating to cultivation of plants and rearing of all life form of animals.

 

Therefore exemption from GST on supply of farm labour services is available when such services are classified under heading 9986 only.

 

Hence supplier of manpower services under SAC 99851 is not exempted from GST.

 

RG Comments

Hence when a invoice is raised and filed in GSTR-1 pertaning to farm labour 

Supplier as well as receiver should check the SAC Code to safeguard GST Liability.

9985 Taxable

9986 Exempt

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