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2019 (9) TMI 930 - AAR - GSTClassification of services - rate of tax - Leasing of Satellite Transponder - Whether Leasing of Satellite Transponder which is covered under SAC Code 997319 be charged at 5% GST as per HSN Code 8803 Parts Goods of Heading 8802 (Satellites)? - Notification No.8/2017 - Integrated Tax (Rate) dated 28.06.2017. HELD THAT - In the instant case satellite transponders had been leased out. Therefore the rate of tax applicable on the service of leasing of the satellite transponders shall be the same as the rate of tax as applicable on the supply of the satellite transponders. This brings us to the question of determination of the rate of tax on supply of satellite transponders which in turn requires us to determine the classification of the said goods. The transponder essentially is a repeater which receives the signal transmitted from earth station on the uplink, amplifies the signal, converts to a dissimilar frequency and retransmits the same on the downlink. Therefore the essential / significant features of amplification and frequency conversion are done by the key payload of the communication satellite i.e. the transponder. Therefore the transponder becomes an integral part of the communication satellite, without which the communication satellite becomes defunct. The Communication Satellite Transponders are appropriately classifiable under Tariff Heading 8803, more specifically under 8803 90 00. Transponders, being parts of communication satellites, are covered under 8803 90 00 and any leasing of such transponders would be covered under the Entry No. 17 of Notification No. 11/2017-Central Tax (Rate) dated 28th June 2017 at the rate applicable as on the supply of like goods involving the transfer of title in goods - Admittedly the transponders are goods and any transfer of right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration is covered under the clause (viii) of Entry No. 17 of the said Notification.
Issues Involved:
1. Classification of Satellite Transponders under GST. 2. Applicability of GST rate on leasing of Satellite Transponders. Issue-Wise Detailed Analysis: 1. Classification of Satellite Transponders under GST: The applicant, a private limited company wholly owned by the Government of India and under the administrative control of the Department of Space, sought an advance ruling on whether the leasing of satellite transponders falls under SAC Code 997319 and should be taxed at 5% GST as per HSN Code 8803 (Parts of Goods of Heading 8802 - Satellites). The applicant argued that transponders, being integral parts of communication satellites, should be classified under HSN Code 8803. They provided detailed descriptions of the satellite's components, emphasizing the role of transponders in receiving, amplifying, and retransmitting signals, making them essential for the satellite's operation. The applicant also discussed the classification of transponders under the Customs Tariff Act, referencing various judicial pronouncements and notifications to support their claim that transponders are not "Other Satellite Communication Equipment" under HSN 8525 60 92 but rather parts of satellites under HSN 8803. The Authority for Advance Ruling (AAR) examined the nature and characteristics of satellite transponders, noting that they are key payloads of communication satellites, performing essential functions such as amplification and frequency conversion. The AAR concluded that transponders are integral parts of communication satellites and thus fall under Tariff Heading 8803 as parts of spacecraft (including satellites) under Tariff Heading 8802. 2. Applicability of GST Rate on Leasing of Satellite Transponders: The AAR referred to Notification No. 08/2017-Integrated Tax (Rate) dated 28.06.2017, specifically Serial Number 17, Heading 9973, which pertains to leasing or rental services. The entry at sub-serial (viii) applies to the applicant, stating that the rate of tax shall be the same as that applicable on the supply of like goods involving the transfer of title in goods. Since transponders are classified under Tariff Heading 8803, the rate of tax on leasing them would be the same as the rate applicable on the supply of transponders. The AAR determined that transponders, as parts of communication satellites, are covered under 8803 90 00, and any leasing of such transponders falls under Entry No. 17 (viii) of the Notification No. 11/2017-Central Tax (Rate) dated 28th June 2017. Consequently, the leasing of satellite transponders is taxable at the rate of 5% IGST (i.e., 2.5% CGST and 2.5% KGST). Ruling: The service of leasing satellite transponders, covered under SAC 997319, falls under Entry No. 17 (viii) of Notification No. 8/2017 - Integrated Tax (Rate) dated 28th June 2017, as amended, and is taxable to GST at the rate of 5% IGST (i.e., 2.5% CGST and 2.5% KGST), as applicable on the supply of like goods (transponder part of communication satellite) involving the transfer of title in goods, covered under 8803 90 00, in terms of Entry No. 245 of Schedule I of Notification No. 1/2017 - Integrated Tax (Rate) dated 28th June 2017, as amended.
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