2018 (8) TMI 1071 - AAAR - GST

Classification of UPS and Battery as Composite Supply under GST Act Upheld by Appellate Authority

In Re: M/s. Switching Avo Electro Power Limited

In Re: M/s. Switching Avo Electro Power Limited - 2018 (15) G.S.T.L. 636 (App. A. A. R. - GST) Issues:Classification of supply of UPS along with the battery as a mixed supply or composite supply under the GST Act.Detailed Analysis:The appeal was filed by a company manufacturing power solution products against the ruling of the West Bengal Authority for Advance Ruling, which classified the supply of UPS and Battery as a Mixed Supply under the GST Act. The core issue was whether the supply of UPS with an external storage battery constitutes a composite supply or a mixed supply. The definitions of composite supply, principal supply, and mixed supply under the GST Act were crucial in determining the classification.The appellant argued that UPS with an external battery falls under Tariff Head 8504 and should be taxed at 18% under item No. 375 of Schedule III of the GST Act. They contended that the battery is an integral part of UPS and is naturally bundled with it, making the supply a composite supply. The appellant cited various case laws to support their argument, emphasizing the essential nature of the battery for the UPS to function as an uninterrupted power supply system.The appellate authority examined the arguments and provisions of the GST Act. They agreed with the West Bengal Authority for Advance Ruling's observation that the UPS and battery are naturally bundled when supplied together, forming a composite supply under Tariff Head 8504. The authority highlighted that the battery's strength, make, or number can vary based on customer requirements, indicating that the battery has multiple uses and is not unique to UPS. Therefore, when supplied separately, the battery cannot be considered a composite supply.In conclusion, the appellate authority found no issue with the ruling of the West Bengal Authority for Advance Ruling and dismissed the appeal. The decision was based on the understanding that the UPS and external storage battery, when supplied together, constitute a composite supply under the GST Act. The appellant was informed of the decision through a copy of the order.This detailed analysis of the judgment highlights the legal arguments, case laws cited, relevant definitions under the GST Act, and the final decision reached by the appellate authority regarding the classification of the supply of UPS along with the battery.