2019 (10) TMI 791 - AAR - GST

Classification of supply - Rate of GST - rough wood - cutting of live trees to obtain the logs and transfer of the timber logs - HELD THAT - On verification of the nature of activities carried out by the applicant, it is observed that applicant has obtained a work order from Social Forestry Department through the tender for cutting and removal of standing live trees. As per the work order issued by the Social Forestry Department some areas are allotted to the applicant to cut and remove standing live trees. Accordingly, the applicant is engaged in cutting standing live trees and removing the same from that place. Thus Forest Department has sold the standing live trees to the applicant to cut and remove the same without damaging any other trees. Here the job of cutting is undertaken by the applicant instead of Social Forestry Department that does not mean that the Department supplying standing live trees and further Department has directed the applicant to cut and remove the trees. The applicant is not allowed to leave the live trees intact in the area and hence is bound to cut and remove the wood from the area. What is appropriated by the applicant is the timber logs and not live trees as the contract is clearly mandating that the goods are to be cut and then appropriated to the contract. The Applicant is finally removing cut logs from that allotted area and not the live trees. Further, it is a composite contract of cutting of live trees to obtain the logs and transfer of the timber logs, with transfer of timber logs being the principal supply in the composite supply. By virtue of section 8 of the CGST Act, the entire supply would be deemed to be the supply of the principal supply i.e. supply of timber, which is covered under HSN 4403 and under the entry no. 134 of Schedule III of the Notification No 1/2017- Central Tax (Rate) dated 28/06/2017 and hence chargeable to tax @ 9%. Similarly the same is taxable under KGST Act at 9%.

Summary

Issues:
Rate of GST on live standing trees

Analysis:
The case involved an application for Advance Ruling by a registered dealer purchasing standing live trees from the Forest Department. The applicant questioned the rate of GST applicable to live standing trees. The applicant argued that even though live trees are exempt from GST as per specific notifications, the Forest Department was still demanding payment of GST at 18%. The applicant contended that they were only removing cut logs and not live trees, as they were directed by the Forest Department to cut and remove the trees. The Authority for Advance Ruling considered the nature of the activities carried out by the applicant, where the applicant obtained a work order to cut and remove standing live trees from specific areas allocated by the Forest Department. The Authority noted that the applicant was engaged in cutting and removing the trees without damaging other trees, and the Department sold standing live trees to the applicant for removal. The Authority determined that the applicant was involved in a composite contract of cutting live trees to obtain logs and transferring the timber logs, with the transfer of timber logs being the principal supply. As per section 8 of the CGST Act, the entire supply was deemed to be the supply of timber, which was taxable at 9% under the relevant notifications. Therefore, the Authority ruled that the transaction of the applicant removing rough wood after cutting the trees and appropriating the wood logs was taxable at 9% under both the CGST Act and the KGST Act.

This detailed analysis of the judgment provides a comprehensive overview of the issues involved, the arguments presented by the applicant, and the reasoning behind the Authority's ruling on the rate of GST applicable to live standing trees.