2023 (1) TMI 836 - AAAR - GST

Exemption from GST - forest permit fee - reverse charge mechanism - classifiable under heading 9973 of Notification No. 11/2017 Central Tax (Rate) dated 28th June, 2017 - applicability for lower rate of tax for the period prior to 01-01-2019 - HELD THAT - The permit charges are charged by forest department to supply permits, these permits are essential for the applicant to move coal mined by them to other places - The forest department collects permit charges and issues permits. This permit enables the applicant to move their mined produce, i.e., coal to other places. Therefore the charges collected are nothing but amount collected by forest department to issue permission to transport the coal. The supply of permits by forest department is taxable @ 9% SGST and CGST each under SAC code 9991 (Public administration and other services provided to the community as a whole; compulsory social security services) falling under Entry 29 to Notification No 11/2017 -CT(R), Dt 28-06-217. More specifically, the said services fall under SAC 999113 (Public administrative services related to the more efficient operation of business). Hence, if the supplier i.e., Forest department is not registered under provisions of GST, the applicant shall pay tax on reverse charge basis as per Entry 5 of Notification No. 13/2017- central Tax (Rate) dated 28-06-2017. Social forestry is the management of forests for the benefit of local communities. Social forestry includes a range of activities associated with forest management, protection, and afforestation with the objective of rural, environmental, and social well-being - The permit charges collected by forest department is used by the forest officials keep a watch on the mining activity and also to assess the quantity and type of mineral being quarried to carry out survey and also keep constant watch on the movement of the produce , and is not related to Social forestry or farm forestry. Hence, the contention of the applicant that the service provided is in relation to Farm Forestry and social forestry and is exempted from tax as per notification no 12/2017 is untenable.

Summary

Issues:
1. Applicability of GST on forest permit fee under reverse charge mechanism.
2. Classification of services received by the applicant under specific tax rates.

Analysis:
1. The Appellate Authority considered the appeal regarding the obligation to pay GST on the forest permit fee under reverse charge mechanism. The lower authority ruled that GST is payable on the forest permit fee on a reverse charge basis. The Appellate Authority upheld this ruling, stating that the forest department charges permit fees for issuing permits essential for transporting coal mined by the applicant. As per GST laws, services provided by the government against payment are taxable under reverse charge. The forest permit fee falls under taxable services, specifically under SAC code 9991, and is subject to 9% SGST and CGST each. The applicant is liable to pay tax on a reverse charge basis if the supplier is not registered under GST provisions.

2. The classification of services received by the applicant was also deliberated upon. The lower authority had classified the supply as tolerating to do an act, falling under service as per entry 5(e) of the CGST Act, 2017. However, the Appellate Authority reclassified the supply as Public Administrative Services, falling under Entry 29 of Notification No. 11/2017. This classification deems the service taxable at 18% for the entire period in question. The Appellate Authority clarified that the services provided by the forest department do not qualify for exemption under Notification No. 12/2017 related to functions entrusted to Panchayats under the constitution.

In conclusion, the Appellate Authority affirmed the lower authority's ruling on the applicability of GST on the forest permit fee under reverse charge mechanism. Additionally, the classification of services received by the applicant was revised to fall under Public Administrative Services, taxable at 18% for the entire period. The appeal was disposed of accordingly, modifying the lower authority's order partially to reflect the revised classification of services.