Flow Meter Maintenance Charges Not Composite Supply with Recycled Water; Taxable at 18%

By | November 29, 2025

Flow Meter Maintenance Charges Not Composite Supply with Recycled Water; Taxable at 18%


Issue

  1. Whether the maintenance charges for flow meters installed to measure the supply of recycled water constitute a “Composite Supply” with the principal supply of water (which is exempt/nil-rated), or if they are a distinct, independent supply.

  2. If treated as an independent supply, what is the correct classification and GST rate for the maintenance charges.


Facts

  • The Applicant: A Special Purpose Vehicle (SPV) formed by the State Government and a Municipal Corporation to implement a sewerage and recycled water project.

  • The Agreement: A tripartite agreement exists between the Applicant, the Municipal Corporation (GVMC), and the End User (HPCL).

  • The Supply: The Applicant supplies recycled water to HPCL. The quantity of water supplied is measured using flow meters installed at HPCL’s premises.

  • The Charges:

    • Water Charges: Consideration for “product and clear water” is provided distinctly in the agreement.

    • Maintenance Charges: The agreement explicitly stipulates a separate charge levied on HPCL at the rate of 0.75% of the monthly bill value. This charge covers the maintenance of meters, instrumentation, and automation.

  • The Contention: The applicant sought clarity on whether this maintenance activity is merely ancillary to the water supply (making it a composite supply taxable at the rate of water, i.e., Nil) or a separate taxable service.


Decision (Ruling of the AAR)

  • The Authority for Advance Ruling (AAR) ruled in favour of the Revenue on both counts.

1. Not a Composite Supply:

  • Contractual Separation: The Authority noted that the agreement explicitly separates the maintenance charges from the water charges. The maintenance fee (0.75%) is not subsumed within the price of the water.

  • Independent Service: The contractual separation and the specific provision for revising these charges independently established that the maintenance of flow meters is being charged as an independent service, not as a package naturally bundled with the water supply.

  • Outcome: The concept of “Composite Supply” under Section 2(30) does not apply because the services are not naturally bundled in the ordinary course of business in this specific contractual setup.

2. Classification & Rate:

  • Standalone Service: Since it is not a composite supply, the maintenance activity is treated as a standalone supply of service.

  • Heading 9987: The service falls under Heading 9987 (Maintenance, repair and installation services (except construction)).

  • Tax Rate: It attracts GST at the standard rate of 18% (9% CGST + 9% SGST) as per Notification No. 11/2017-Central Tax (Rate).


Key Takeaways

  • Contract Drafting Determines Taxability: The manner in which a contract is drafted—specifically whether charges are bundled or separated—heavily influences GST treatment. Explicitly separating charges for “ancillary” activities often creates a separate tax liability.

  • “Naturally Bundled” Test: For a supply to be composite, it must be “naturally bundled” in the ordinary course of business. If the contract creates an artificial split or specific independent liability for maintenance, the bundle is broken.

  • Exemptions are Strict: The exemption available to the principal supply (Recycled Water) does not automatically extend to related services (Maintenance) unless they qualify strictly as a composite supply.

  • Service Accounting Code (SAC): Maintenance and repair services for machinery/equipment generally fall under SAC 9987 and attract 18% GST, distinct from the lower or nil rates applicable to water or utilities.

AUTHORITY FOR ADVANCE RULING, ANDHRA PRADESH
Greater Visakhapatnam Smart City Corporation Ltd., In re
K. Ravi Sankar and B. Lakshmi Narayana, Member
AAR No. 14/AP/GST/2025
OCTOBER  16, 2025

 

Category: GST

About CA Satbir Singh

Chartered Accountant having 12+ years of Experience in Taxation , Finance and GST related matters and can be reached at Email : Taxheal@gmail.com