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TMI Blog2019 (9) TMI 824X X X X Extracts X X X X X X X X Extracts X X X X ..... produce and hence is not covered under entry number 24 of the Notification No. 11/2017 - Central Tax (Rate) dated 28 th June 2017, effective from 01.07.2017. The services received by the applicant are of composite in nature and the principal supply is covered under sub-entry (ii) of entry no.26 of the Notification No. 11/2017-Central tax (Rate) dated 28.06.2017 which reads Manufacturing services on physical inputs (goods) owned by others, other than (i) above and taxable at 9% under the CGST Act and 9% under SGST Act. Similarly it is taxable at 18% under the IGST Act. In case the trees have grown from plants not planted by the Karnataka Forest Department, but that which grew by natural regeneration but were nurtured, managed and protected by the Karnataka Forest Department, does the same nil rate of SGST and CGST apply to them too? If not, what would be the rate? - HELD THAT:- The activity of the Government Corporation done to the Forest Department is independent of the nature of the activity involved in the growing of trees and hence what applies to the naturally grown trees applies to the trees which are nurtured, managed and protected by the Forest Department. In case of sale o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2017, in form GST ARA-01 discharging the fee of ₹ 5,000/- each under the CGST Act and the KGST Act. 2. The Applicant is a Government Department (Karnataka Forest Department) and is registered under the Goods and Services Act, 2017. The applicant has sought advance ruling in respect of the following questions: a) Is it legally correct to infer that the service of "logging" and its components described before do not attract any SGST under the CGST Act, 2017? If not, what is the correct position by law? b) In case the trees have grown from "plants" not planted by the Karnataka Forest Department, but that which grew by natural regeneration but were nurtured, managed and protected by the Karnataka Forest Department, does the same nil rate of SGST and CGST apply to them too? If not, what would be the rate? c) In case of sale of forest produce or any other goods belonging to Karnataka Forest Department, where the buyer is registered or is based in and transports the goods to outside the State of Karnataka, what should be charged under the CGST Act, 2017, (A) SGST and CGST, or (B) IGST? d) In case of sale of forest produce or any other goods belonging to Karnataka Forest Dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , animal husbandry" mean - (i) Services relating to cultivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other similar products or agricultural produce by way of (a) Agricultural operations directly related to production of any agricultural produce including cultivation, harvesting, threshing, plant protection or testing; (b) Supply of farm labour; (c) Processes carried out at an agricultural farm including tending, pruning, cutting, harvesting, drying, cleaning, trimming, sun drying, fumigating, curing, sorting, grading, cooling, or bulk packaging and such like operations which do not alter the essential characteristics of agricultural produce but make it only marketable for the primary market; (d) Renting or leasing of agro machinery or vacant land with or without a structure incidental to its use; (e) Loading, unloading, packing, storage or warehousing of agricultural produce; (f) Agricultural extension services; (g) Services by any Agricultural Produce Marketing Committee or Board or services provided by a commission agent for sale or purchase of agricultural produce (ii) Services b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purchased is being taken to and consumed outside the State of Karnataka, they should be paying 18% IGST under the IGST Act, 2017. i. In view of the above, the applicant has sought advance ruling. PERSONAL HEARING: / PROCEEDINGS HELD ON 21.03.2018 4. Sri. Brijesh K Dikshit, Deputy Conservator of Forests, Bangalore Urban Division, Karnataka Forest Department, appeared and stated that the "Logging" work is done only by the Government Agencies which are State Government Corporations like KSFIC, which is a company registered under the Company Act and they charge the Department on job work basis. They have maintained that all trees are owned by the Forest Department as per the Land Revenue Act, 1976. 5. FINDINGS & DISCUSSION: 5.1 We have considered the submissions made by the Applicant in their application for advance ruling as well as the submissions made by the Deputy Conservator of Forests, during the personal hearing. We have also considered the issues involved on which advance ruling is sought by the applicant and relevant facts of the issue involved. 5.2 The Applicant, filed the instant application dated 03.03.2018 seeking advance ruling on the questions mentioned at para 2 s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d are more specifically in the nature of "forest produce". 5.6 We find that the term "forest produce", is defined under Section 2(7) of the Karnataka Forest Act 1963. Further the terms "timber" and "trees" have been defined under Sections 2(20) and 2(21) of the Karnataka Forest Act 1963 respectively as under: (20) "timber" includes trees when they have fallen or have been felled, and all wood whether cut up or sawn or fashioned or hollowed out for any purpose or not; (21) "tree" includes palms, bamboos, stumps, brushwood and canes; 5.7 In view of the above, it is clearly evident that the activity of "Logging" does not yield agricultural produce and hence is not covered under entry number 24 of the Notification No. 11/2017 - Central Tax (Rate) dated 28th June 2017, effective from 01.07.2017. 5.8 Further the activity of "Logging" also does not fall under the support services to forestry. The term "forestry", in terms of oxford dictionary, means "The science or practice of planting, managing, and caring for forests" In the instant case the nature of work done by the Corporation i.e. the services received by the applicant are not related to the management of forest i.e planting, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As per the contention of the applicant there is no condition in the sale offer that there must be an interstate movement or local movement of goods and the applicant also submitted that the permit to transport the goods so purchased shall be issued only after the completion of sale and delivery of goods. The persons participating in the auction are aware of the condition that the transfer of title to goods is happening at the depot and they have to take possession of the goods at that place. The supply gets completed the moment the goods are delivered to the purchaser and the purchaser applies and obtains permit from the Forest department later to transport the goods to his place or any place, on which the Forest department has no control or conditions. In view of all the above reasons and specifically since the delivery is given in the place of depot itself, as per section 10, the place of supply is Karnataka. 5.12 Also, as per of sub-section (1) of section 10, the stress is on the words "supply" and "movement of goods". If the movement of goods is involved within the supply contract then it, then clause (a) is attracted and the place of supply would be the place where the movem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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