9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (4) TMI 846 - AAAR - GSTClassification of services - Licensing Services for The Right to Broadcast and Show Original Films, Sound Recordings, Radio and Television Programmes Etc., classifiable under SAC 997332 or not - Correctness of impugned order - confusion in the issue. Appellant sought advance ruling on the services relating to Distribution of films to Theatres. But contrary to this, they have claimed at para IV (e) of Grounds of Appeal that the Appellant had never sought classification of the transaction between the Distributor and the Exhibitor. HELD THAT - The Appellant has contradicted and confused the issue. Under the circumstances, analysis of clauses of the actual contract or agreement entered into by the Appellant with the service recipients assumes utmost importance. The Appellant have not furnished any contract or agreement entered into by them for provision of services. Therefore, in the absence of the actual agreements, it is not possible to decide the correct classification. The lower Authority have discussed the issue in detail, along with provisions of SAC 997332 and 999614 and have countered the arguments put forth by the Appellant and have given a ruling that the Classification of the Licensing Services of distribution of rights to exhibit the films by the distributor to the exhibitor are classifiable under SAC 999614 . Under the circumstances, it is found that the ruling given by the Lower Authority is just and proper and it is not considered necessary to interfere with the same. Accordingly, the Advance Ruling is upheld.
Issues Involved:
1. Scope of the Advance Ruling. 2. Consideration of Exclusion Clause in SAC 999614. 3. Ignoring and brushing aside the Exclusion Clause. 4. Alleged premeditated and predetermined ruling. 5. Emphasis on SAC 999614 and disregard of Exclusion Clause. 6. Classification of film distribution service. Summary: I. Scope of the Advance Ruling: The appellant argued that the Authority for Advance Ruling (AAR) exceeded the scope of their prayer, which was for the determination of the correct classification of Licensing Services for the Right to Broadcast and Show Original Films, Sound Recordings, Radio, and Television Programs. The AAR ruled on the classification of licensing services of distribution rights to exhibit films, classifying them under SAC 999614, which was not requested by the appellant. The appellant emphasized that the ruling was beyond the scope of their prayer, leading to a miscarriage of justice. II. Consideration of Exclusion Clause in SAC 999614: The appellant contended that the AAR omitted the exclusion clause in SAC 999614, which excludes licensing services for the right to reproduce, distribute, or incorporate audiovisual originals under SAC 997332. The appellant argued that the AAR's conclusion was abrupt and contradictory, as it did not consider the exclusion clause and misinterpreted the nature of the appellant's intended services. III. Ignoring and Brushing Aside the Exclusion Clause: The appellant claimed that the AAR ignored the exclusion clause despite strong emphasis during the personal hearing. The appellant reiterated that their services should be classified under SAC 997332, as they involve licensing the right to reproduce, distribute, or incorporate audiovisual originals. The AAR's ruling was seen as a total deviation from the appellant's prayer and the nature of their services. IV. Alleged Premeditated and Predetermined Ruling: The appellant accused the AAR of having a premeditated and predetermined intention to deviate from their prayer, leading to an incorrect and erroneous ruling. The appellant argued that the AAR misunderstood the distinction between exhibition and broadcasting, leading to a misclassification of their services. V. Emphasis on SAC 999614 and Disregard of Exclusion Clause: The appellant argued that the AAR laid excessive emphasis on SAC 999614 and disregarded the exclusion clause. The AAR's observations were seen as repetitive and incorrect, as they failed to distinguish between licensing and leasing rights. The appellant emphasized that their services should be classified under SAC 997332, not SAC 999614. VI. Classification of Film Distribution Service: The appellant provided evidence that film distribution services are classified under SAC 997332 throughout India, attracting a GST rate of 12% (earlier) and 18% from 01-10-2021. The appellant argued that the AAR's ruling was perverse and vicious, as it ignored the accepted classification and the scheme of classification of services. Discussion and Findings: The Appellate Authority reviewed the entire case records, written and oral submissions, and the impugned order. They noted that the appellant's application for advance ruling used the exact wording of SAC 997332, seeking confirmation rather than correct classification. The appellant's additional submissions and draft agreement indicated a distribution agreement between distributor and exhibitor, not a licensing agreement. The appellant failed to provide clear evidence of being a copyright holder, crucial for determining the correct classification. The Appellate Authority concluded that the appellant's arguments were contradictory and confusing. They upheld the lower authority's ruling, finding it just and proper, and dismissed the appeal on all counts. Order: The Advance Ruling Order No. KAR ADRG 30/2023 dated 15.09.2023 is upheld, and the appeal filed by M/s. J.B. Exhibitors is dismissed.
|
