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2022 (6) TMI 757 - AAR - GSTLevy of GST - sending goods/ raw material/ capital goods from one unit to other - Existing and new unit (situated within the Rajasthan state) would have same GSTIN - comprise supply of goods or services or not - value is to be considered for E-way bills if that is to be issued? - applicability of provisions of Job-work - Input Tax Credit - For purchase of raw material/ capital good, separate factory address required or not? - For invoice of clearance of goods does the applicant have to mention both addresses or the address of the concerned unit from which the goods are cleared? Registration of new unit (situated within the Rajasthan state) and leviability of GST on movement of goods/raw material/ capital goods from present unit (i.e. F-668,670 9F2, VKI Area, Jaipur) to new unit and vice versa - HELD THAT - As far as supply of goods or services or both between these two establishment of applicant is concerned, it is found that movement of goods/raw material/ capital goods from present unit (i.e. F-668,670 9F2, VKI Area, Jaipur) to new unit and vice versa does not constitute 'supply, as these units are not distinct person to each other due to single registration - In the present case, for a transaction to be a 'supply', the essential criteria to be satisfied in the involvement of consideration, with the only exceptions being the activities mentioned in Schedule I and import of services. Thus, in the present case being unit transfer of raw material, semi-finished, finished, capital goods; there no consideration is involved and the activity is neither specified in Schedule I nor in the nature of import of services, the activity i.e. movement of raw material, semi-finished, finished, capital goods between the two units under same GST registration number shall not be a 'supply' under the provisions of the GST Act, 2017 - in the present case no liability of GST would arise for such of raw material, semi-finished, finished, capital goods between two units within the state and working under same GSTIN. Consideration of value for E-way bills if that is to be issued for transfer of goods from one unit to other - HELD THAT - The applicant is not exempted to generate e-way bill for the movement of capital goods, raw material or finished goods to be made between their two units. Further, as far as value for E-way bills if that is to be issued for transfer of goods from one unit to other is concerned, we find that being not a 'supply', no GST would attract on such movement, therefore there will not be any transaction for sale, mortgage, transfer of property involving any kind of value between the two units. Thus, for transfer of the goods between two units they would have to take a value of such goods as explained in Explanation-2 to Sub-Rule (1) of the Rule 138 of the CGST Rules, 2017 and issue an E-way bill for such transfer (if required depending on value of such transferred goods). Whether movement of raw material/capital goods/ semi-finished goods for further processing would the provisions of job-work apply or they can send these goods on simple internal challan? - HELD THAT - As the question of the applicant does not fall under the category mentioned in the sub section (2) of the section 97 of the CGST Act, 2017 therefore, no answer is being given. Whether applicant would require to issue E-way bill for such movement of goods from our one unit to other if the value of the goods to be moved is higher than the threshold limit required for issue of E-way bill in normal course? - HELD THAT - As per sub section (2) of the section 97 of the CGST Act, 2017, the applicant can seek the advance ruling on the questions as mentioned in sub section (2) only. As the question of the applicant does not fall under the category mentioned in the sub section (2) of the section 97 of the CGST Act, 2017 therefore, no answer is being given. Whether applicant can use ITC for the goods/raw material/capital goods received in one factory for payment of GST for the clearance made from second unit? - HELD THAT - The applicant would be eligible for ITC credit in respect of goods and services received by them subject to condition and restrictions of the chapter V Input Tax Credit. However, it is also mentioned in the provisions that ITC would be credited to their electronic credit ledger. The situation arising in the case is that since applicant would be having single GST No. for both the units then as per the section 16(1) there would be only one ledger for the ITC credit - all eligible Input Tax Credit that is claimed by a registered person in the GST returns (GSTR-2 or GSTR-3B) reflects in Electronic Credit Ledger. Credit in Electronic Credit Ledger can be used only for payment of tax. The electronic credit ledger shall be maintained in FORM GST PMT-02 for each registered person eligible for input tax credit on the common portal and ever)' claim of input tax credit will be credited to this ledger. The amount available in the electronic credit ledger can be used for making any payment towards output tax. The applicant would be able to use the eligible credit of inputs and capital goods for payment of GST for the goods cleared from other unit as there is only one electronic ledger for the credit of both the units having same GST number. Hence, applicant would be able to use this credit for discharging their GST liability from either of the units. Under which related to factory address in respect of purchase of raw material by these units? - HELD THAT - As per sub section (2) of the section 97 of the CGST Act, 2017, the applicant can seek the advance ruling on the questions as mentioned in the sub section (2) only - As the question of the applicant does not fall under the category mentioned in the sub section (2) of the section 97 of the CGST Act, 2017 therefore, no answer is being given. Determination of address of units on the invoice - HELD THAT - As per sub section (2) of the section 97 of the CGST Act, 2017, the applicant can seek the advance ruling on the questions as mentioned in the sub section (2) only - As the question of the applicant does not fall under the category mentioned in the sub section (2) of the section 97 of the CGST Act, 2017 therefore, no answer is being given.
Issues Involved:
1. Whether the movement of goods/raw material/capital goods between units under the same GSTIN constitutes a supply and attracts GST. 2. The value to be considered for E-way bills for the transfer of goods between units. 3. Applicability of job-work provisions for the movement of raw material/capital goods/semi-finished goods. 4. Requirement of E-way bills for the movement of goods between units if the value exceeds the threshold limit. 5. Utilization of Input Tax Credit (ITC) for goods/raw material/capital goods received in one factory for payment of GST for clearance from another unit. 6. Requirement to mention separate factory addresses for the purchase of raw material/capital goods. 7. Address details to be mentioned on the invoice for the clearance of goods. Detailed Analysis: 1. Movement of Goods/Raw Material/Capital Goods Between Units: The applicant sought clarity on whether the movement of goods/raw material/capital goods between units under the same GSTIN within the state constitutes a supply and attracts GST. The judgment concluded that since both units operate under the same GSTIN, they are not distinct persons as per Section 25(4) of the CGST Act, 2017. Thus, such movement does not constitute a supply, and no GST liability arises for the movement of goods/raw material/capital goods between the two units. 2. Value for E-way Bills: Regarding the value to be considered for E-way bills for transferring goods between units, the judgment referred to Rule 138 of the CGST Rules, 2017. It was determined that although the movement does not constitute a supply, the value for E-way bills should be taken as per Explanation-2 to Sub-Rule (1) of Rule 138. An E-way bill must be issued if the consignment value exceeds the threshold limit. 3. Applicability of Job-Work Provisions: The applicant questioned whether the movement of raw material/capital goods/semi-finished goods for further processing would fall under job-work provisions or could be sent on a simple internal challan. The judgment refrained from ruling on this issue, stating that it does not fall under the ambit of Section 97(2) of the CGST Act, 2017. 4. Requirement of E-way Bills: The applicant sought clarity on whether an E-way bill is required for the movement of goods between units if the value exceeds the threshold limit. The judgment refrained from ruling on this issue, stating that it does not fall under the ambit of Section 97(2) of the CGST Act, 2017. 5. Utilization of ITC: The applicant asked whether ITC available for goods/raw material/capital goods received in one factory could be used for payment of GST for clearance from another unit. The judgment confirmed that since both units have the same GSTIN, there is only one electronic credit ledger. Therefore, ITC can be used for discharging GST liability for either unit, as per Section 16(1) of the CGST Act, 2017. 6. Separate Factory Addresses for Purchases: The applicant inquired whether separate factory addresses need to be mentioned for the purchase of raw material/capital goods. The judgment refrained from ruling on this issue, stating that it does not fall under the ambit of Section 97(2) of the CGST Act, 2017. 7. Address Details on Invoices: The applicant sought clarity on whether both addresses or the address of the concerned unit from which goods are cleared should be mentioned on the invoice. The judgment refrained from ruling on this issue, stating that it does not fall under the ambit of Section 97(2) of the CGST Act, 2017. Ruling: 1. No GST liability arises for the movement of goods/raw material/capital goods between units under the same GSTIN within the state. 2. For E-way bills, the value should be taken as per Explanation-2 to Sub-Rule (1) of Rule 138 of the CGST Rules, 2017. 3. No ruling provided on the applicability of job-work provisions. 4. No ruling provided on the requirement of E-way bills for the movement of goods. 5. ITC can be used for discharging GST liability for either unit as both units share the same GSTIN. 6. No ruling provided on the requirement to mention separate factory addresses for purchases. 7. No ruling provided on the address details to be mentioned on invoices.
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