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of <h1>GST Ruling on Advertising Services Classification & Tax Rates: Key Clarifications and Exemptions</h1> <h3>In Re: M/s. Harmilap Media (P) Limited</h3> In Re: M/s. Harmilap Media (P) Limited - TMI Issues Involved1. Classification and tax rate on various modes of agreements for advertising services.2. Classification and taxability when designing/fabrication/production is bundled with the services.3. Value of supply in case of trade discount/additional discount/agency commission.4. Taxability of cash discount received by the advertising agency.5. Taxability of value/volume-based discount received in the form of credit notes after the date of invoice.6. Exemption from GST for services provided to government entities under specified conditions.7. Exemption from GST for services provided by Radio/TV/Outdoor/Internet/Telecom/other advertisers to the advertising agency under specified conditions.Detailed Analysis1. Classification and Tax Rate on Various Modes of AgreementsThe judgment addresses the classification and tax rate on different modes of agreements for advertising services. The classification and rate of tax are determined based on Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017, which specifies the following:- Advertising services and provision of advertising space or time fall under Group 99836.- Different sub-categories include:- 998361: Advertising Services- 998362: Purchase or sale of advertising space or time, on commission- 998363: Sale of advertising space in print media (except on commission)- 998364: Sale of television and radio advertising time- 998365: Sale of internet advertising space- 998366: Sale of other advertising space or time (except on commission)2. Classification and Taxability When Designing/Fabrication/Production is BundledWhen designing/fabrication/production is bundled with the advertising services, it forms a composite supply. According to Section 2(30) and Section 8 of the CGST/SGST Act, 2017:- Composite supply is when two or more taxable supplies are naturally bundled.- The principal supply is the main service, and ancillary services are included.- The tax rate for the composite supply is the same as that of the principal supply, which is 'selling of space for advertisement'.3. Value of Supply in Case of Trade Discount/Additional Discount/Agency CommissionSection 15 of the CGST/SGST Act, 2017 deals with the value of taxable supply:- The value of supply is the transaction value, which is the price paid or payable.- The value includes any taxes, duties, incidental expenses, and subsidies linked to the price.- Discounts given before or at the time of supply and recorded in the invoice are excluded from the taxable value.- Discounts given after supply, if established by agreement and linked to relevant invoices, are also excluded, subject to the reversal of input tax credit by the recipient.4. Taxability of Cash DiscountThe taxability of cash discounts follows the same provisions as other discounts under Section 15. If the conditions for discounts are met, the cash discount is excluded from the taxable value.5. Taxability of Value/Volume-Based Discount in Form of Credit NotesSection 34(2) of the CGST/SGST Act, 2017 allows for the adjustment of tax liability through credit notes:- Credit notes must be declared in the return for the month they are issued, but not later than September following the end of the financial year or the date of the annual return, whichever is earlier.- The tax liability can be adjusted provided the incidence of tax has not been passed to any other person.6. Exemption from GST for Services Provided to Government EntitiesNotification No. 12/2017-Central Tax (Rate) dated 28.06.2017 exempts certain services from GST:- Pure services provided to the Central Government, State Government, UT, or local authority related to functions entrusted to Panchayats under Article 243G or Municipalities under Article 243W are exempt.- Composite supply of goods and services, where the value of goods does not exceed 25% of the total value, provided to government entities for specified functions, is also exempt.7. Exemption from GST for Services Provided by Other Advertisers to the Advertising AgencyThe exemption under Notification No. 12/2017-Central Tax (Rate) extends to services provided by Radio/TV/Outdoor/Internet/Telecom/other advertisers to the advertising agency if they meet the specified conditions.Conclusion- Selling of space for advertisement in print media attracts GST at 5%, while other cases attract 18%.- The classification of services follows the scheme outlined in Notification No. 11/2017-Central Tax (Rate).- Composite supplies involving designing/fabrication/production are taxed at the rate applicable to the principal supply.- Discounts are excluded from the taxable value if conditions are met.- Tax liability can be adjusted through credit notes as per Section 34(2).- Services provided to government entities for specified functions are exempt from GST.- Services provided by other advertisers to the advertising agency are also exempt under specified conditions.
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