2020 (8) TMI 518 - AAR - GST

Input Tax Credit - financial institution or not - option provided under Section 17(4) of the CGST Act which prescribes to avail an amount equal to 50% of eligible credit of input tax on inputs, capital goods and input services in that month and the rest shall lapse - HELD THAT - The conditions to be fulfilled for exercising the option under sub-section (4) of Section 17 is that the supplier shall be engaged in supplying services by way of accepting deposits, extending loans or advances and the supplier shall be a banking company, a financial institution or a non-banking financial company. Both the conditions shall be simultaneously satisfied to be eligible to exercise the option as provided under sub-section (4) of Section 17 of the CGST Act, 2017. Admittedly, the applicant is engaged in supplying services by way of accepting deposits, extending loans or advances. Therefore, the issue to be determined is whether the applicant qualifies to be a banking company, a financial institution or a non-banking financial company. The terms banking company, a financial institution or a non-banking financial company are not defined under the CGST Act, 2017. However, the terms are defined in the explanation to subsection (8) of Section 13 of the Integrated Goods and Services Act, 2017. Even though, the definition in the explanation is for the purpose of that sub-section, the definition can be adopted in the instant case also as the terms are not elsewhere defined in the IGST Act or the CGST Act - On a conjoint reading of the provisions of clauses (c) and (e) of Section 45-1 of the Reserve Bank of India Act, 1934 it is evident that the applicant being a Co-operative Society registered with the Central Registrar of Co-operative Societies carrying on the business of financing whether by means of making loans or advances or otherwise, of any activity other than its own qualifies to be a financial institution as per the Reserve Bank of India Act, 1934 and consequently also under the CGST Act, 2017. The applicant satisfies both the conditions to be eligible for exercising the option provided under sub-section (4) of Section 17 of the Central / State GST Act, 2017.

Summary

Issues:
1. Whether the applicant qualifies as a financial institution under Section 17(4) of the CGST Act.
2. Whether the applicant can avail the option under Section 17(4) of the CGST Act for input tax credit.

Analysis:

Issue 1:
The applicant, a Co-operative society registered under the Central Registrar of Co-operative Societies, sought an advance ruling to determine if it qualifies as a financial institution under Section 17(4) of the CGST Act. The applicant engaged in providing both taxable and exempted services, availing input tax credit as per Section 17(2) of the CGST Act. The definition of "financial institution" under the RBI Act, 1934, includes non-banking institutions engaged in financing activities. As a Co-operative society involved in financing activities, the applicant meets the criteria to be classified as a financial institution.

Issue 2:
The applicant claimed eligibility to avail input tax credit under Section 17(4) of the CGST Act, which allows banking companies or financial institutions supplying services like accepting deposits or extending loans to avail 50% of eligible input tax credit monthly. The applicant's activities of accepting deposits and extending loans are exempt from GST concerning interest or discount. However, charges beyond interest or discount are taxable. The applicant is engaged in both taxable and exempted services, thus subject to Section 17(2) of the CGST Act. Nonetheless, under Section 17(4), the applicant, meeting the conditions of supplying services by accepting deposits or extending loans and being a financial institution, can opt to avail input tax credit as per the provision.

In conclusion, the applicant qualifies as a financial institution under Section 17(4) of the CGST Act and is eligible to exercise the option provided under the same section to avail 50% of the eligible input tax credit on inputs, capital goods, and input services monthly.