As per Clause 35% shall not be adjusted/deducted from the additional GST impact due to Changes in rates.

GST is applicable on Annuity Payments in the case of BOT (Annuity) projects at applicable rates. However, if any Input Tax Credit is availed by the concessionaire, the benefit of such ITC shall be passed on to NHAI.

with reference to the payment method provided under 2 (I) of Policy circular no. 3.3.21/2021 dated 01.09.2021, NHAI has received representations from stakeholders regarding of GST on change in law amount attributable to EPCC cost on completion of Construction work instead of Payment of such amount along with annuities.

This is without Prejudice to any other provision of the contract. The Executive Engineer shall assess the impact of the increase in GST on overall cost and submit RPE timely, wherever required.

As per recommendations of the 47th GST council meeting held on 28th & 29th June 2022, Ministry of Finance Department of Revenue, vide notification no. 03/2022 - CT(R) dated 13.07.2022, the rate Percent of CGST on "Composite supply of works contract as defined in Clause (119) of Section 2 of the Central Goods and Services Tax.