2021 (8) TMI 573 - AAR - GST

Scope of Advance Ruling application - Appropriateness of tax paid at wrong jurisdiction - Refund of accumulated GST paid on Lime Stone Royalty under RCM - GST is liable to pay @18 % under RCM on Lime Stone Royalty whereas GST is set off @ 5 % on transfer of Lime Stone from Mines (A.P) to Cement Factory (T.G) - HELD THAT - The applicant sought Advance Ruling on questions of 'appropriation of taxes' and 'refund' which is outside the purview of the Advance Ruling Authority as per Section 97(2) of CGST Act, 2017. The application is not admitted under Sec 98 (2) of CGST Act, 2017 and APGST Act, 2017.

Summary

Issues Involved:
1. Appropriation of tax paid at the wrong jurisdiction.
2. Refund of accumulated GST paid on Lime Stone Royalty under RCM.

Analysis:

Appropriation of tax paid at the wrong jurisdiction:
The case involves M/s. Kakatiya Cement Sugar & Industries Limited seeking an advance ruling regarding the appropriation of tax paid at the wrong jurisdiction. The company, engaged in manufacturing cement, sugar, and power, procures raw materials from limestone mines in Andhra Pradesh but mistakenly paid GST on limestone royalty in Telangana instead of Andhra Pradesh. The applicant requested for the appropriation of the tax paid at the incorrect jurisdiction due to lack of awareness during the early stages of GST implementation. The applicant highlighted the difference in tax rates under reverse charge mechanism (RCM) and set-off for limestone transfer from mines to the factory. The company aimed to obtain a refund of the accumulated GST amount. However, the Authority for Advance Ruling clarified that the questions of appropriation of taxes and refund fall outside the scope of advance rulings as per Section 97(2) of the CGST Act, 2017. Consequently, the application was not admitted under Section 98(2) of the CGST Act, 2017 and APGST Act, 2017.

Refund of accumulated GST paid on Lime Stone Royalty under RCM:
The applicant sought an advance ruling on the refund of accumulated GST paid on limestone royalty under RCM. The company explained that it had paid IGST at 18% on royalty charges in Telangana for the year 2017-18, believing it was required to make the payment in Telangana where the plant is located. Subsequently, upon consultations and discussions with professionals, the company realized that the GST payment should have been remitted in Andhra Pradesh. The applicant started making GST payments in Andhra Pradesh since April 2018. Despite the genuine mistake made earlier, the Authority for Advance Ruling found that the questions related to refund and appropriation of taxes are beyond the purview of the Advance Ruling Authority as specified in Section 97(2) of the CGST Act, 2017. Therefore, the application for a ruling on the refund of accumulated GST paid on limestone royalty under RCM was not admitted by the Authority.

This detailed analysis of the legal judgment involving the appropriation of tax paid at the wrong jurisdiction and the refund of accumulated GST paid on limestone royalty under RCM provides a comprehensive understanding of the issues addressed and the decision rendered by the Authority for Advance Ruling, Andhra Pradesh.