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2020 (7) TMI 527 - AAR - GSTMaintainability of application- Scope of Advance Ruling - Tax liability of supply - Marine / Pressure Tight Cables/ Non Pressure Tight Cables - goods manufactured designed especially for use for Defence Ministry in their Warship as Parts of Warship - rate of GST - applicability of Sr. No 252 of Schedule-I of the Notification No.1/2017 Integrated Tax (Rate) dated 28.06.2017 - Jurisdiction - HELD THAT - The situs of supply of goods is originating from Gujarat and all other legal provisions of GST Acts are also to be fulfilled in Gujarat. The Gujarat GST authorities have the jurisdiction to collect GST on this transaction. Applicant is not carrying out any supply from the State of Maharashtra. Hence, the jurisdiction of this transaction is covered under Gujarat and Maharashtra has no scope to levy GST thereon. Maintainability of application - HELD THAT - Considering the provisions of the Chapter XVII of the GST Act, this authority can only pass rulings on supplies being undertaken or proposed to be undertaken from Maharashtra State only. Therefore, this authority has no jurisdiction to entertain the subject application and to interfere in such activity of supply of goods , being carried out from another state. This authority has no jurisdiction to pass ruing on such matters pertaining to supply of goods or services or both which are being undertaken outside Maharashtra State by a different and distinct entity. We find no reason to entertain this application. Hence, without going into the merits of the case, the present application of the applicant seeking ruling on questions stated hereinabove is not maintainable and liable for rejection. Application dismissed as not maintainable.
Issues Involved:
1. Determination of tax liability on Marine/Pressure Tight Cables/Non Pressure Tight Cables supplied for use in warships. 2. Applicability of GST @5% under Sr. No. 252 of Schedule-I of Notification No.1/2017 Integrated Tax (Rate) dated 28.06.2017. 3. Jurisdiction of the Maharashtra Authority for Advance Ruling to entertain the application. Detailed Analysis: 1. Determination of Tax Liability on Marine/Pressure Tight Cables/Non Pressure Tight Cables: The applicant, M/s. APAR Industries Limited, sought an advance ruling on the tax liability for Marine/Pressure Tight Cables/Non Pressure Tight Cables designed for use in warships. The applicant argued that these cables, falling under Chapter 8544, are integral parts of warships and should attract a concessional GST rate of 5% as per Sr. No. 252 of Schedule-I of Notification No.1/2017 Integrated Tax (Rate). 2. Applicability of GST @5%: The applicant contended that the cables supplied to the Ministry of Defence (MOD) should be taxed at 5% GST as they are parts of warships, supported by an End User Certificate issued by the Rear Admiral of the Indian Navy. They referenced Notification No. 01/2017- I.T. (Rate) dated 28.06.2017, which categorizes goods used as parts of warships under a 5% GST rate. 3. Jurisdiction of the Maharashtra Authority for Advance Ruling: The core issue revolved around the jurisdiction of the Maharashtra Authority for Advance Ruling to entertain the application. The applicant's head office is in Maharashtra, but the goods are manufactured and supplied from their factory in Gujarat. The applicant argued that their centralized accounting system and receipt of purchase orders in Maharashtra justified the jurisdiction. The Authority examined the provisions of the CGST Act, particularly Sections 95 to 98 and 103 to 106, which outline the jurisdiction and functioning of the Authority for Advance Ruling. It was found that the supply of goods originates from Gujarat, and all GST-related formalities, including tax invoices and GSTR-1 returns, are handled in Gujarat. Therefore, the Gujarat GST authorities have jurisdiction over the transaction. The Authority concluded that it could only pass rulings on supplies undertaken or proposed to be undertaken from Maharashtra. Since the supply in question is from Gujarat, the application was deemed outside the jurisdiction of the Maharashtra Authority for Advance Ruling. Conclusion: The application for advance ruling was rejected on the grounds of jurisdiction. The Authority clarified that it could not entertain applications for supplies made outside Maharashtra by entities registered in other states. The applicant was advised to approach the appropriate jurisdictional authority in Gujarat for their ruling. The request to transfer the application or refund the fees was also denied, citing the absence of provisions in the GST Act for such actions.
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