2019 (8) TMI 1213 - AAR - GST

Refundable interest-free deposits of Rs. 2,500 by demat providers exempt from GST under Section 2(31) exclusion

AAR Gujarat ruled that refundable interest-free deposits of Rs. 2,500 received by demat service providers do not attract GST as they fall under the ... Supply or not - Refundable Interest Free Deposit received - whether refundable interest free deposit can be considered as “Consideration” for the services provided by RNSB to their demat account holders? - HELD THAT:- From the definition of Consideration under Section 2(31) of CGST & GGST Act, 2017, it can be said that deposit is excluded from definition of the consideration by the provisio to Section 2(31) of CGST & GGST Act, 2017 - However, the notional interest/monetary value of the act of providing refundable interest free deposit will be considered as consideration. Whether the amount of ₹ 2500/- being Refundable interest free deposit, which allows depositor some benefits, would attract GST? - HELD THAT:- It appears that the amount of ₹ 2500/- will not attract the GST being the deposit Unless the supplier applies such deposit as consideration. However the monetary value of the act of providing this deposit of ₹ 2500/- will attract GST. Value of taxable supply - Whether first 10 free transactions subject to maximum of rupees 5 Lakh allowed to the Demat account holder depositing Refundable interest free deposit would attract GST? - HELD THAT:- The first 10 free transaction allowed to the demat account holders are in the nature of discount and will not attract GST subject to the fulfillment of the conditions prescribed under Section 15(3) of the CGST & GGST Act. Issues Involved:1. Whether Refundable Interest Free Deposit received could be treated as Supply under the provisions of Goods and Services Tax Act, 2017, and chargeable to tax.2. Whether the amount of Rs. 2500/- being Refundable Interest Free Deposit, which allows depositor some benefits, would attract GST.3. Whether first 10 free transactions subject to a maximum of Rs. 5 Lakh allowed to the Demat account holder depositing Refundable Interest Free Deposit would attract GST.Issue-Wise Detailed Analysis:Issue 1: Refundable Interest Free Deposit as SupplyThe applicant, RNSB, questioned if the Refundable Interest Free Deposit could be treated as supply under the GST Act. The key point is whether this deposit can be considered 'Consideration' for the services provided by RNSB. As per Section 2(31) of CGST & GGST Act, 2017, deposits are excluded from the definition of consideration unless applied as consideration for the supply. However, the ruling clarified that the notional interest or monetary value of providing a refundable interest-free deposit is considered as consideration. This interpretation aligns with both limbs of the definition of consideration: 'any payment made or to be made, whether in money or otherwise' and 'the monetary value of any act or forbearance.' The ruling noted that such deposits serve as additional commercial consideration and are akin to collecting capital, thus making the services provided by RNSB taxable.Issue 2: Rs. 2500/- Refundable Interest Free DepositThe applicant sought clarity on whether a Rs. 2500/- Refundable Interest Free Deposit, which grants certain benefits to the depositor, would attract GST. According to the proviso to Section 2(31) of CGST & GGST Act, 2017, deposits are not considered as payment for supply unless applied as consideration. Therefore, the deposit itself does not attract GST. However, the monetary value of the act of providing this deposit is subject to GST. This distinction ensures that while the deposit remains non-taxable, the benefits derived from it are taxable.Issue 3: First 10 Free TransactionsThe applicant questioned if the first 10 free transactions up to Rs. 5 Lakh for Demat account holders who deposit a Refundable Interest Free Deposit would attract GST. The ruling clarified that these free transactions are in the nature of a discount and do not attract GST, provided they meet the conditions under Section 15(3) of the CGST & GGST Act, 2017. Specifically, the discount must be recorded in the invoice at the time of supply or established in an agreement before the supply, and any input tax credit attributable to the discount must be reversed by the recipient.Ruling:1. The monetary value of the act of providing a refundable interest-free deposit is considered as consideration, making the services provided by RNSB taxable.2. The Rs. 2500/- deposit itself does not attract GST, but the monetary value of the act of providing this deposit does.3. The first 10 free transactions are treated as a discount and do not attract GST, subject to conditions under Section 15(3) of the CGST & GGST Act, 2017.