GST on Works Contracts & Real Estate Transactions
11th Edition | 2025 | Updated with Finance Act 2025 Amendments
By Sudipta Bhattacharjee, Rishabh Prasad & Abhishek Garg

Specialised GST Analysis for Works Contracts, EPC Projects & Real Estate

This authoritative guide provides comprehensive legal, procedural, and sectoral analysis of the Goods and Services Tax (GST) as it applies to works contracts, construction services, and EPC (Engineering, Procurement & Construction) contracts. Now in its 11th Edition, the book has been thoroughly updated to incorporate the changes introduced by the Finance Act 2025 and features deep insights into litigation strategy, sector-specific implications, and contract structuring practices.

Written by seasoned indirect tax practitioners, this book offers in-depth legal interpretation backed by judicial precedents, practical case studies, and industry-focused examples. It is an essential resource for anyone involved in infrastructure, energy, real estate, or large-scale project execution under the GST regime.

Who Should Read This Book?

• Tax Professionals & Consultants
  For guidance on classification, valuation, and credit optimisation in works contracts and real estate transactions

• Legal Practitioners & Advocates
  For authoritative references, case law analysis, and strategic litigation insights

• Builders, EPC Contractors & Real Estate Developers
  For clarity on compliance, structuring, and sectoral obligations

• Finance Managers & Accountants
  For practical application of ITC provisions, time of supply rules, and treatment of security deposits, advances, and LDs

• Project Leaders & Procurement Officers
  For actionable understanding of GST nuances in project bids, vendor contracts, and cross-border supply chains

Key Features of the 2025 Edition

• [Latest Amendments Incorporated]
  Fully updated with Finance Act 2025 changes impacting GST compliance, rates, valuation, and dispute resolution

• [Exhaustive Legal Analysis]
  Detailed treatment of core terms such as ‘works contract’, ‘immovable property’, and ‘transfer of property’—along with interpretative notes from courts and CBIC

• [Sector-Specific Coverage]
  Industry-wise analysis of GST implications for real estate, oil & gas, thermal power, ports, roads, water supply, and manufacturing sectors

• [Strategic Litigation & Dispute Guidance]
  Covers major rulings (e.g., Safari Retreats, Bharti Airtel), along with tactics to address anti-profiteering, liquidated damages, ‘free of cost’ supplies, and contractual pricing

• [Practical Tools]
  Step-by-step analysis, flowcharts, checklists, and comparative tables that make it accessible to non-tax experts

• [International Comparisons]
  Discusses approaches under EU VAT, Middle Eastern VAT regimes, and relevance to cross-border EPC contracts

• [Supplementary Annexures]
  Includes rate schedules, key notifications, compliance guides, and FAQs for ready reference

Coverage at a Glance

Fundamentals of GST & Works Contracts

• Evolution from VAT/Service Tax to GST

• Scope and legal interpretation of ‘works contract’ under GST

• Special focus on immovable property, transfer of property in goods, and contract categorisation

Time of Supply, Valuation & ITC

• Point of taxation, invoicing timelines, treatment of advances, and security deposits

• Valuation issues including free-of-cost supplies, third-party goods, and liquidated damages

• Input tax credit (ITC) eligibility, reversals, and cross-charging nuances

Place of Supply & TDS

• State-wise contract implementation vs. place of supply

• TDS provisions under GST with sectoral implications

Sectoral Applications

• Real Estate & RERA compliance

• Oil & Gas Projects including offshore supply and cross-border contracts

• Ports & Infrastructure Projects

• Thermal & Solar Power Projects

• Road Construction, Irrigation, and Water Supply

Anti-Profiteering & Controversy Management

• Handling of anti-profiteering investigations

• Interpretation of pass-through benefits and pricing structures

• Best practices in drafting and structuring contracts under GST

Transitions & Comparative Insights

• Treatment of legacy contracts and transition clauses

• Comparisons with pre-GST regime and international best practices

Why This Book?

• Authored by leading indirect tax experts with real-time experience in litigation, advisory, and transaction structuring

• Balances statutory explanation with industry insights and court-tested strategies

• An essential reference for GST compliance in high-value capital and infrastructure projects