2019 (7) TMI 975 - AAR - GST

Advance ruling application withdrawn after applicant drops proposed business model for repair services

The AAR-TN dismissed an advance ruling application as withdrawn after the applicant requested withdrawal, stating they opted to drop their proposed ... Permission for withdrawal of Advance Ruling Application - Classification of supply - supply of services or not - supply of repairing and replacement service - principal supply or composite supply - requirement of registration u/s 22 and section 25 of CGST Act, 2017 for the use of warehouses of ASP (the sub-contractor) - HELD THAT:- The applicant did not furnish the documents undertook to be submitted. However, the applicant was extended an opportunity to be heard finally on 21-05-2019. The authorised representatives of the applicant appeared and submitted a written letter requesting withdrawal of the application for Advance Ruling before the authority, since the company has opted to drop the proposed business model. The application filed by the applicant for Advance Ruling is dismissed as withdrawn. ISSUES PRESENTED AND CONSIDERED 1. Whether the supply of repairing and replacement services (with parts and monitor units provided in the course of rendering those services) constitutes a composite supply as defined under section 2(30) of the CGST Act / TNGST Act. 2. If the supply is composite, whether it is classifiable as 'supply of services' under GST. 3. Whether the Applicant is required to obtain registration under Sections 22 and 25 of the CGST Act in respect of use of warehouses owned/operated by the subcontracted Authorized Service Provider (ASP). ISSUE-WISE DETAILED ANALYSIS Issue 1 - Composite supply: legal framework Legal framework: Composite supply is defined in section 2(30) of the CGST Act / TNGST Act; central and State GST statutes are treated as same for purpose of interpretation unless specific differences exist. Precedent treatment: The Applicant referred to a decision of another Advance Ruling Authority (Maharashtra AAR) as analogous (applicant submitted a similar decision). Interpretation and reasoning: The Authority recorded detailed factual matrix of the proposed business model - master service agreement with client, sub-contracting of repair/replacement to ASP, classification of work as 'onsite support' (parts replacement) or 'whole unit exchange' (WUE), ownership and movement of goods (Applicant to stock parts/units at ASP warehouses while retaining ownership), treatment of warranty (pre-paid vs PayG models), billing flows between client, Applicant, ASP and OEM/ODM, and that Applicant determines whether a request is repair or replacement and supplies parts/units to ASP which executes repairs on customers' premises. Ratio vs. Obiter: No adjudication on the substantive legal question whether the supplies are composite; the Authority recorded the question but did not apply the composite supply test to reach a substantive tax conclusion. Conclusions: The question whether the transaction is a composite supply was presented for advance ruling, but no determination on the merits was made because the application was withdrawn by the Applicant; consequently the Authority did not issue a binding ruling on composite-supply classification. Issue 2 - Characterisation as 'supply of services' if composite Legal framework: Classification of composite supplies and whether principal element renders the composite as 'supply of services' (relevant thresholds and tests are those under the GST statute and associated definitions). Precedent treatment: Applicant relied on an external AAR decision in support of classification; the Authority recorded the reliance but did not adopt or distinguish that precedent on the merits. Interpretation and reasoning: The Authority documented the Applicant's contentions regarding pricing structure (different charges for onsite repair and whole unit exchange; separate considerations for pre-paid and PayG models), and the operational allocation of parts, ownership, and movement of goods - facts relevant to whether the supply is predominantly a service or a supply of goods. However, the Authority did not proceed to analyse these facts under the composite-supply and principal-supply tests. Ratio vs. Obiter: No ratio on classification as 'supply of services' was laid down; any discussion of relevant factual indicators in the record remains descriptive and not determinative. Conclusions: The Authority did not rule on whether the supply, if composite, would be classifiable as supply of services; the application was withdrawn before substantive adjudication. Issue 3 - Requirement of registration for use of ASP warehouses (Sections 22 & 25) Legal framework: Sections 22 and 25 of the CGST Act deal with registration threshold and persons required to be registered; registration obligations may arise depending on place and manner of business operations (including use of warehouses). Precedent treatment: No binding precedent or detailed statutory interpretation was applied by the Authority in the present record; the Applicant raised the question for advance ruling. Interpretation and reasoning: The Authority recorded the Applicant's business arrangement wherein the Applicant retains ownership of stocked goods at multiple ASP warehouses across India, while ASPs provide warehousing, logistics, onsite support and replacement/defective-return services and bill the Applicant for subcontracting services. These factual elements are relevant to registration analysis (e.g., place of business, stock points, taxable person carrying out business), but the Authority did not undertake a statutory analysis or reach a decision on whether registration under Sections 22/25 was required. Ratio vs. Obiter: No ratio on the registration issue; any factual descriptions in the order are not used to decide the question. Conclusions: The Authority did not determine whether registration under Sections 22 and 25 was required in respect of use of the ASP warehouses; the application was dismissed as withdrawn before a ruling on this issue could be given. Procedural disposition and effect Interpretation and reasoning: The Authority granted hearing opportunities and noted the Applicant's undertaking to furnish documents (agreements, billing details, AMC copies, etc.). The Applicant failed to supply the documents promised, thereafter requested withdrawal in writing, and informed the Authority that the proposed business model had been dropped. Ratio vs. Obiter: The Authority's order is procedural - dismissal of the application as withdrawn. This procedural disposition is the operative determination of the order and not a substantive ruling on the legal issues submitted. Conclusions: The application for Advance Ruling is dismissed as withdrawn. No substantive rulings were made on composite-supply classification, characterisation as supply of services, or registration requirements; the Authority simply recorded facts, received submissions, and accepted the Applicant's withdrawal, resulting in dismissal of the application without determination on the merits.