2021 (10) TMI 629 - AAR - GST

Classification of services - Job-work or not - processing and conversion of Plain Polyester Film into processed All Types of Polyester films - activity amounting to treatment/process or not - whether the activity falls under clause (id) Heading 9988 of N/N. 20/2019 dt 30/09/2019 or otherwise? - HELD THAT - Since no new product comes into existence after the process conducted by the applicant on the raw materials supplied by GPL, therefore the process undertaken will come under the purview of job-work as defined under Section 2 (68) of the GST Act, 2017. Thus, in view of the applicant is only a job worker to GPL and as a job worker, carries out processes on goods i.e. Polyester Films supplied by the principal i.e, GPL. The services provided by the applicant does not fall under (i), (ia), (ib), (ic) of the above mentioned notification. It is already already found that the impugned services supplied by the applicant are in the nature of jobwork - the subject supply of services will be covered by the residuary entry. The Impugned services provided by applicant falls under clause (id) Heading 9988.

Summary

Issues Involved:
1. Whether the services provided by Garware Industries Limited fall under clause (id) Heading 9988 as per Notification No. 20/2019 dated 30/09/2019.
2. Classification of the services provided by Garware Industries Limited and the applicable GST rate.

Detailed Analysis:

1. Classification of Services:
The applicant, Garware Industries Limited (GIL), processes and converts Plain Polyester Film into various types of Polyester films on a job-work basis for Garware Polyester Limited (GPL). The primary question is whether these services fall under clause (id) Heading 9988 as per Notification No. 20/2019 dated 30/09/2019.

2. Applicant's Interpretation:
GIL contends that their services qualify as job work under Section 2(68) of the CGST Act, 2017, which defines job work as any treatment or process undertaken by a person on goods belonging to another registered person. They argue that their activities meet the three conditions for job work: treatment/process by a person, on goods belonging to another registered person, and return of goods within one year. They assert that their services should be taxed at 12% GST under item (id) of Heading 9988.

3. Officer's Contention:
The concerned officer argues that if the job work amounts to manufacture, the GST rate is 18%, otherwise, it is 12%. The officer notes that the applicant has not provided sufficient proof to classify their job work under item (id) with a 12% GST rate. The officer suggests that the goods are sent for manufacturing, not merely for service processing.

4. Hearing and Submissions:
During the hearings, the applicant reiterated their position, emphasizing that the processed films retain the same basic characteristics as the input films and are intermediate products for GPL. They provided challans as evidence that the goods are returned within one year, in compliance with Section 143(1)(a) of the CGST Act, 2017.

5. Authority's Findings:
The authority examined the facts and submissions, noting that job work is defined as a process on goods belonging to another registered person, which may or may not result in a new product. The term 'manufacture' involves processing raw materials into a new product with a distinct name, character, and use. The authority found that the processed films do not have a distinct name, character, or use, and thus, GIL is not a manufacturer.

6. Conclusion:
The authority concluded that GIL's activities qualify as job work since they meet the conditions under Section 2(68) of the CGST Act, 2017. The services provided by GIL fall under item (id) of Heading 9988 of Notification No. 11/2017-Central Tax Rate, as amended by Notification No. 20/2019. Therefore, the applicable GST rate for these services is 12%.

Order:
The services provided by Garware Industries Limited fall under clause (id) Heading 9988 as per Notification No. 20/2019 dated 30/09/2019, and the applicable GST rate is 12%.