2021 (9) TMI 673 - AAAR - GST

Appellate Authority rules on supplies to BMRCL: Independent goods/services, applicable GST rates upheld.

In Re: M/s. BEML Limited

In Re: M/s. BEML Limited - TMI Issues Involved:1. Whether the supplies made by cost centres C, D, E, and G to BMRCL are independent supplies of goods and services or composite supplies.2. Determination of the applicable GST rates for the supplies made by the respective cost centres.Issue-wise Detailed Analysis:1. Independent Supplies vs. Composite Supplies:The core issue was whether the supplies made by Cost Centres C, D, E, and G should be treated as independent supplies of goods and services or as composite supplies. The Appellate Authority examined the contract between the Respondent Company and BMRCL, which involved the supply of Standard Gauge Intermediate Cars and related services. The Authority noted that the contract was divided into various activities handled by different cost centres, each with specific responsibilities and milestones.The Respondent Company argued that each cost centre's activities were independent, citing the contract's stipulations and separate invoicing for each milestone. The Appellate Authority agreed, emphasizing that each cost centre's activities were clearly demarcated and independently identifiable. The Authority found that the supplies from Cost Centres C, D, E, and G were not naturally bundled and did not meet the criteria for composite supply under Section 2(30) of the CGST Act, 2017. The Authority concluded that the supplies should be treated as independent transactions based on their nature and scope as outlined in the contract.2. Applicable GST Rates:The Appellate Authority also addressed the applicable GST rates for the supplies made by the respective cost centres. The Respondent Company had been charging GST at different rates for goods and services supplied by each cost centre. The Authority upheld this practice, noting that the contract specified the nature of each supply and the corresponding GST rates.The Authority provided a detailed breakdown of the applicable GST rates for each cost centre:- Cost Centre C (Delivery and Receipt of Indigenous Manufacturing): Supply of Goods, GST rate 5% up to 30-09-2019.- Cost Centre D (Commissioning and Acceptance of Trains/Cars in Depot): Supply of Service, GST rate 18%.- Cost Centre E (Taking Over of Unit/Train for Revenue Service): Supply of Service, GST rate 18%.- Cost Centre G (Supply of Unit Exchange Spares, Mandatory Spares, and Consumable Spares): Supply of Goods, GST rate 18%/28% as applicable.Conclusion:The Appellate Authority allowed the appeal filed by the Assistant Commissioner of Central Tax, Bangalore South Division-1, setting aside the ruling given by the Authority for Advance Ruling. The Authority held that the supplies made by Cost Centres C, D, E, and G to BMRCL are to be considered as independent supplies of goods and services, with the applicable GST rates as indicated. The appeal filed by the Department was disposed of on these terms.