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2021 (4) TMI 929 - AAR - GSTSupply or not - supply of books from the warehouse located in USA (non-taxable territory) to the customers located in USA, UK and Canada (non-taxable territory) without such books entering into India - shipping charges collected by the applicant from the customers located in USA, UK and Canada (non-taxable territory) for the delivery of books from the warehouse located in USA (non-taxable territory) to the customer located in located in USA, UK and Canada (non-taxable territory) - printing charges for printing of books charged by the Printer located in USA (non-taxable territory) is taxable under Reverse Charge Mechanism under GST - services received by the applicant from Foreign service provider such as warehousing of printed books located in USA (non-taxable territory), under reverse charge mechanism - input tax credit. Whether the supply of books from the warehouse located in USA (non-taxable territory) to the customers located in USA, UK and Canada (non-taxable territory) without such books entering into India by the applicant are treated as supply under GST? - HELD THAT - Schedule III, relevant to Section 7 of the CGST Act 2017, at clause 7 specifies that Supply of goods from a place in the non-taxable territory to another place in the non-taxable territory without such goods entering into India shall be treated neither as a supply of goods nor a supply of services - supply of books from the warehouse located in USA (non-taxable territory) to the customers located in USA, UK and Canada (non-taxable territory) without such books entering into India does not amount to supply under GST, in terms of clause 7 of Schedule III, relevant to Section 7 of the CGST Act 2017. Whether GST is levied on the shipping charges collected by the applicant from the customers located in USA, UK and Canada (non-taxable territory) for the delivery of books from the warehouse located in USA (non-taxable territory) to the customer located in located in USA, UK and Canada (non-taxable territory)? - HELD THAT - The supplier providing the shipping services to the applicant is outside India, the recipient of the said service i.e. the applicant is within India and the place of supply is in India in terms of Section 13 of the IGST Act 2017. Thus the impugned service squarely qualifies to be an import of service, in terms of Section 2 (11) of the IGST Act 2017, in the hands of the applicant and hence the amount paid by the applicant towards the said shipment service is exigible to GST, under Reverse Charge Mechanism. Whether printing charges for printing of books charged by the Printer located in USA (non-taxable territory) is taxable under Reverse Charge Mechanism under GST, where only content is supplied by the applicant? - HELD THAT - In the instant case, the content of the books is supplied by the applicant, who owns the said content i.e. usage right to the intangible inputs. Further the physical input i.e. the paper used for printing the books belongs to the printer and hence both the conditions are fulfilled - it is clearly evident that the supplier providing the printing services to the applicant is outside India, the recipient of the said service i.e. the applicant is within India and the place of supply is in India in terms of Section 13 of the IGST Act 2017. Thus the impugned service squarely qualifies to be an import of service, in terms of Section 2(11) of the IGST Act 2017, in the hands of the applicant. Hence the printing charges for printing of books charged by the Printer located in USA (non-taxable territory) is taxable under Reverse Charge Mechanism under GST, where only content is supplied by the applicant. Whether the services received by the applicant from Foreign service provider such as warehousing of printed books located in USA (non-taxable territory) is taxable under Reverse Charge Mechanism under GST? - HELD THAT - Though the supplier is located outside India and the recipient is located in India, the place of supply of service is outside India, in terms of Section 13 of IGST Act 2017. Therefore, the impugned service is not covered under import of service and hence is not exigible to GST under RCM basis on expenses incurred on warehousing charges of printed books. Whether input tax credit can be availed, to the extent of inputs and input service? - HELD THAT - The applicant is not entitled to avail input tax credit on inputs and input services on the transaction covered in first question as the said transaction does not amount to supply under GST.
Issues Involved:
1. Supply of books from a warehouse in the USA to customers in the USA, UK, and Canada. 2. GST on shipping charges collected for delivery of books from the USA warehouse. 3. Taxability under Reverse Charge Mechanism (RCM) for printing charges by a printer in the USA. 4. Taxability under RCM for warehousing services in the USA. 5. Eligibility to avail input tax credit for transactions covered in the first issue. Detailed Analysis: 1. Supply of Books from USA Warehouse: The applicant sought clarification on whether the supply of books from a warehouse in the USA to customers in the USA, UK, and Canada without the books entering India constitutes a supply under GST. The judgment referenced Schedule III, clause 7 of the CGST Act 2017, which states that "Supply of goods from a place in the non-taxable territory to another place in the non-taxable territory without such goods entering into India" is neither a supply of goods nor services. Thus, the supply of books from the USA warehouse to customers in non-taxable territories does not amount to a supply under GST. 2. GST on Shipping Charges: The applicant collects shipping charges from customers for delivering books from the USA warehouse. The ruling clarified that since the actual shipping occurs outside India (a non-taxable territory), the shipping charges collected are not subject to GST. However, the applicant is in receipt of the shipping service from an agent outside India, and as per Section 13 of the IGST Act 2017, this qualifies as an import of service. Consequently, the amount paid for the shipping service is taxable under the Reverse Charge Mechanism (RCM). 3. Printing Charges under RCM: The applicant supplies content to a printer in the USA, who prints the books and moves them to a warehouse. According to Circular No. 11/11/2017-GST, the supply of printed books where the content is supplied by the recipient is a composite supply, with the principal supply being the printing service. As the supplier of the printing service is outside India and the recipient (applicant) is in India, the place of supply is in India per Section 13 of the IGST Act. Therefore, the printing charges are taxable under RCM. 4. Warehousing Services under RCM: The applicant uses warehousing services for printed books in the USA. The ruling examined whether this service qualifies as an import of service. Since the supplier and place of supply are outside India, it does not meet the criteria for an import of service under Section 2(11) of the IGST Act. Hence, warehousing services are not taxable under RCM. 5. Input Tax Credit: Regarding the eligibility to avail input tax credit for transactions covered in the first issue, the judgment stated that since the supply of books from one non-taxable territory to another does not constitute a supply under GST, the applicant is not entitled to input tax credit on inputs and input services related to this transaction. Ruling: 1. The supply of books from the USA warehouse to customers in the USA, UK, and Canada without entering India does not amount to a supply under GST. 2. Shipping charges collected for delivery from the USA warehouse to customers in non-taxable territories are not subject to GST. 3. Printing charges by a printer in the USA are taxable under RCM. 4. Warehousing services in the USA are not taxable under RCM. 5. Input tax credit cannot be availed for transactions covered in the first issue as they do not amount to a supply under GST.
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