2018 (4) TMI 809 - AAR - GST

Non-Profit Under Ministry of Steel Exempted from Mandatory GST Registration Based on Service Characteristics

In Re : Joint Plant Committee

In Re : Joint Plant Committee - 2018 (13) G.S.T.L. 89 (A. A. R. - GST) Issues:1. Whether the Applicant, a non-profit organization, is required to be registered under the CGST/WBGST Act, 2017.2. Whether the Applicant's income sources make it liable for registration under the GST Act.3. Whether the Applicant's supplies of services are taxable.4. Whether the Applicant is liable for registration under Section 24 of the GST Act even if it is not making any taxable supply.5. Whether the Applicant is required to pay tax under the Reverse Charge mechanism.Analysis:1. The Applicant, a non-profit organization under the Ministry of Steel, sought an advance ruling on its registration requirement under the GST Act. The Applicant's functions involve managing the Steel Development Fund and maintaining market data in the Iron & Steel sector. The composition and functions of the Applicant have been modified over time by the Government of India.2. The Applicant's income primarily comes from interest on deposits and loans, sale of journals, and renting accommodations. The aggregate turnover from these sources exceeds the threshold for registration under the GST Act unless exclusively dealing with non-taxable goods or services. The Applicant's supplies of journals are wholly exempt under specific notifications.3. The Applicant argues that its services are exempt under the Income Tax Act and should be treated similarly under the GST Act. However, the services provided by the Applicant do not fall under the categories eligible for exemption under the GST Act. The Applicant's income from services like extending deposits or loans is also wholly exempt under specific notifications.4. Section 24 of the GST Act mandates registration under certain circumstances, including when liable to pay tax under Reverse Charge. The Applicant, engaged in exclusively exempt supplies, is not liable for registration unless required to pay tax under the Reverse Charge mechanism.5. The Reverse Charge mechanism obliges the recipient to pay tax instead of the supplier under certain conditions. The Applicant, being unregistered and not liable for registration, is not subject to Reverse Charge provisions unless required to pay tax under specific sections of the GST Act or IGST Act.In conclusion, the ruling states that the Applicant is not required to be registered under the GST Act unless liable to pay tax under the Reverse Charge mechanism. This ruling is valid unless declared void under the provisions of the GST Act.