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Microlesson · 5-min read

Time of Supply under HAM (Hybrid Annuity Model) Contracts

# Time of Supply under the HAM Model

The Hybrid Annuity Model (HAM) is used for road construction contracts awarded by NHAI. A concessionaire builds the road, NHAI pays part of the cost during construction and the balance as annuities (with interest) over the operation period along with O&M payments.

## Classification

The activity is treated as a continuous supply of service because the contract obligates the supplier to provide services on a recurring/continuing basis (construction + O&M) over a long period under a single agreement.

## Time of Supply

For a continuous supply of service of this nature, the time of supply is linked to the date of completion of an event as specified in the contract.

  • The HAM contract typically sets out milestone events (e.g., completion of a stretch, achievement of a project deliverable, scheduled annuity due dates).
  • GST liability arises on the date of completion of each such event.

## Why a circular was needed

HAM contracts mix construction, financing (interest on deferred annuities), and O&M into one continuous stream. The CBIC circular clarified that:

1. The supply is a continuous supply of service.

2. ToS is the date of completion of the event milestones identified in the contract.

3. Interest component on deferred annuity is also part of taxable value.

## Quick recall

  • HAM = NHAI + concessionaire + annuity-based payments.
  • Continuous supply of service → ToS = date of event completion per contract.

Worked example

### Example 1

Example — HAM milestone

A concessionaire enters into a HAM contract with NHAI. The contract specifies completion of stretch 1 as an event on 30 June (consideration ₹100 crore) and stretch 2 on 31 December (₹120 crore).

Time of supply for ₹100 crore = 30 June; for ₹120 crore = 31 December, being the dates of completion of the respective events specified in the contract.

⚠️ Common exam mistakes

  • Treating HAM construction as a one-time supply taxable on a single invoice — it is a continuous supply of service.
  • Ignoring the interest component on deferred annuity payments while computing taxable value.
  • Linking ToS to the date of payment of annuity instead of the contractually specified event completion date.
Reference: — CBIC Circular on HAM contracts under GST
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