Definition 119 - Works Contract
Finin2min Summary - Definition in 2 Minutes
Specified construction, installation, repair and similar contracts concerning immovable property where property in goods transfers in execution. PRACTICAL EXAMPLE A contract to construct or renovate an immovable building with transfer of materials is a works contract. Repair of a movable machine is not a works contract under this definition. EXCEPTION / PROFESSIONAL ALERT Restricted to immovable property. Separate movable-property supply/service analysis applies outside this definition.
Exact operative text
Paragraph-wise decode
Specified construction, installation, repair and similar contracts concerning immovable property where property in goods transfers in execution. PRACTICAL EXAMPLE A contract to construct or renovate an immovable building with transfer of materials is a works contract. Repair of a movable machine is not a works contract under this definition. EXCEPTION / PROFESSIONAL ALERT Restricted to immovable property. Separate movable-property supply/service analysis applies outside this definition.
Section-Rule-Form-Notification bridge
The mapping is a legal concordance, not a round-robin related-link list. It is limited to instruments certified in this phase.
Practical example
Apply the defined term to the transaction facts before moving to the charging, valuation, credit or procedural provision.
Professional alert
Definitions do not by themselves create a tax charge, exemption, credit or filing obligation.
Implementation checklist
- Fix the transaction, taxable period and jurisdiction.
- Read every subsection, proviso, explanation and omission marker.
- Open the mapped Rule, form, notification and circular.
- Test State/UT variation and portal version.
- Preserve evidence, approvals, working papers and acknowledgements.
- Record the conclusion, assumptions, source date and reviewer.
Evidence and retention checklist
- Contract, purchase order, invoice or underlying transaction document.
- Registration, return, ledger, challan and portal acknowledgement.
- Official Act/Rule/notification version used and effective date.
- Internal tax position paper, computation and management approval.
- Correspondence, notices, replies, orders and appeal papers where applicable.
Practical Q&A
- What does definition 119 regulate?
- It regulates works contract. Read the exact text, conditions, exceptions and transaction date together.
- Which subordinate law should be checked?
- No direct CGST Rule has been certified in this phase. Notifications, circulars, forms and the corresponding SGST/UTGST layer may also apply.
- What evidence should be retained?
- Preserve the contract or transaction record, invoice or form, portal acknowledgement, payment/ledger evidence, correspondence, legal working and the official source version used.
- Can portal behaviour override the statute?
- No. Portal functionality is operational evidence; legal entitlement and liability remain controlled by the Act, Rules, notifications and binding decisions.