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2021 (8) TMI 1019 - AAR - GSTExemption from GST - rent-a-cab service - transportation of passengers excluding tourism, conducted tour, charter or hire of NON Air Conditioned Buses under a contract carriage with our customer - applicability of N/N. 12/2017 dated 28.06.2017 - HELD THAT - In the instant case, the applicant has an agreement with RIPL for supplying Non-AC buses to transport staff of RIPL and the buses are owned by the applicant. Further, the applicant also incurs expenses on fuel and maintenance of the buses and for all these services provided by the applicant, they are paid fixed hire cost plus fixed fuel cost at predetermined rates of fuel plus mileage. It is RIPL which controls the deployment of the buses. A perusal of the agreement reveals that the applicant shall deploy the buses (already inspected by RIPL) or as per instructions of the Admn. Dept. of RIPL. Thus the applicant cannot run the buses on their own because the overall control of the buses is with RIPL. Further, as per the agreement, Insurance Charges, etc., will be paid by the applicant whereas toll tax, etc will be paid by RIPL. Thus while the ownership of the buses lies with the applicant, the buses shall be operated strictly as per the instructions of RIPL. Therefore in the subject case, there is a clear transfer of right to use the buses by way of effective control as is seen from the fact that the buses are plying strictly as per RIPL s instructions. In the case of transportation of passengers, the recipient of service would be the passenger whereas in the case of renting of any motor vehicle, like buses in the subject case, the recipient would not be the passenger. In the subject case, the consideration for supply of service is charged from RIPL and not the passenger. Therefore in the subject case it is clear that the recipient is RIPL. Hence, there are no hesitation in holding that the subject activity, amounts to renting of motor vehicle and shall qualify as a taxable activity under the provisions of the GST Laws. Since the subject activity is not transportation of passengers the provisions of Notification No. 12/2017-CT (R) dated 28.06.2017 are not applicable in the subject case - All activities of Renting of any motor vehicle/transport vehicle which is designed to carry passengers where the cost of fuel is included in the consideration charged from the service recipient are chargeable to either 2.5% GST or 12% GST depending on availment of Cenvat Credit. Therefore in the subject case since there is a Renting of any motor vehicle/transport vehicle which is designed to carry passengers where the cost of fuel is included in the consideration charged from the service recipient i.e. RIPL, the applicant will have to pay GST @ 12% , if credit of input tax charged on goods and services used in supplying the service, other than the input tax credit of input service in the same line of business (i.e. service procured from another service provider of transporting passengers in a motor vehicle or renting of a motor vehicle) has not been taken.
Issues Involved:
1. Applicability of a notification issued under the provisions of this Act. 2. Determination of the liability to pay tax on any goods or services or both. Issue-wise Detailed Analysis: Issue 1: Applicability of a notification issued under the provisions of this Act The applicant, M/s. Pooja Vaishnavi School Bus Services, sought an advance ruling on whether their service of supplying non-air-conditioned buses for transporting staff under a contract carriage is exempt from GST under Notification No. 12/2017-Central Tax (Rate) dated 28-06-2017. The applicant contended that their service falls under the exemption specified in S.No. 15 (b) of the notification, which exempts "Transport of passengers, with or without accompanied belongings, by non-air conditioned contract carriage other than radio taxi, for transportation of passengers, excluding tourism, conducted tour, charter or hire." The applicant argued that their service meets the criteria of a contract carriage as defined in Section 2(7) of the Motor Vehicles Act, 1988, and thus should be exempt from GST. However, the concerned officer contended that the service provided by the applicant is not exempt under the said notification. The officer argued that the service provided is "rent a cab" service, which attracts GST. The officer referred to a similar case where the Rajasthan Authority for Advance Ruling concluded that the service of supplying non-air-conditioned vehicles on hire does not qualify for exemption under the notification. Upon reviewing the facts, the Authority for Advance Ruling (AAR) observed that the applicant's service involves supplying buses on hire to Ratan India Power Limited (RIPL) for transporting their staff. The buses are operated strictly as per RIPL's instructions, indicating a transfer of the right to use the buses by way of effective control. Consequently, the AAR concluded that the service provided by the applicant amounts to "renting of motor vehicle" rather than "transportation of passengers." The AAR held that the provisions of Notification No. 12/2017-Central Tax (Rate) dated 28-06-2017 are not applicable in this case. The service provided by the applicant is not exempt under the said notification as it falls under the category of "rent a cab" service. Issue 2: Determination of the liability to pay tax on any goods or services or both The AAR further analyzed the GST liability on the service provided by the applicant. As the service is classified as "rent a cab" service, it attracts GST. The applicable GST rates are as follows: - IGST @ 5% (CGST @ 2.5% and SGST @ 2.5%) provided that the credit of input tax charged on goods and services used in supplying the service, other than the input tax credit of input service in the same line of business, has not been taken. - IGST @ 12% (CGST @ 6% and SGST @ 6%) if input tax credit is availed. The AAR concluded that the impugned service provided by the applicant is "rent a cab" service and attracts the aforementioned GST rates based on the conditions of input tax credit. Conclusion: The Authority for Advance Ruling concluded that the service provided by the applicant does not fall under the exemption specified in Notification No. 12/2017-Central Tax (Rate) dated 28-06-2017. The service is classified as "rent a cab" service and attracts GST at the applicable rates based on the conditions of input tax credit.
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