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TMI Blog2019 (10) TMI 572X X X X Extracts X X X X X X X X Extracts X X X X ..... s authority is empowered to give a ruling. Therefore the instant application is liable for rejection and hence there are no need to go to merits of the case. - KAR ADRG 24/2019 - - - Dated:- 12-9-2019 - SRI. HARISH DHARNIA, AND DR. RAVI PRASAD M.P. MEMBER Represented by: Sri Gururaja Sridhara, Chartered Accountant ORDER UNDER SECTION 98(4) OF THE CENTRAL GOODS SERVICES TAX ACT, 2017 AND UNDER 98(4) OF THE KARNATAKA GOODS SERVICES TAX ACT, 2017 1. M/s. Banyan Tree Advisors Private Limited, (called as the Applicant hereinafter), Flat No. 2966, 4th Cross, 12 th Main Road, Indiranagar, HAL, Bengaluru - 560008, having GSTIN number 29AACCB4492Q1ZY, have filed an application for Advance Ruling under Section 97 of CGST A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anager has the Power of Attorney to manage the funds. c. The Applicant, being a Portfolio Manager, provides services to Resident and Non-resident clients. For the Portfolio Management services, the Portfolio Manager charges a fee to its client. d. The applicant states that Section 12 and 13 of the IGST Act provides various provisions to enable determination of place of supply in case supply of services. Section 12 provides for place of supply provisions when both supplier of service and the recipient are located in India (taxable territory) whereas, either of the supplier or recipient are located outside India, then the provisions are governed by Section 13 of the IGST Act. e. The applicant further states that as per the defa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt else where) The location of such fixed establishment A supply is received at more than one establishment, whether the place of business or fixed establishment The location of the establishment most directly concerned with the receipt of the supply In the absence of such places The location of the usual place of residence of the recipient In this case, the recipient of services is the location of the usual place of residence of the recipient, i.e. outside India. g. The applicant contends while concluding based on the provisions of section 13 of IGST Act that i. The place of supply of service: in case of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unless a mention is specifically made to such dissimilar provisions, a reference to the CGST Act would also mean a reference to the same provisions under the KGST Act. 5.3 The applicant seeks advance ruling on the question that whether the Portfolio Management services being provided by them to the non-resident Indian clients are taxable to GST or not. Further they contend that in the instant case the place of supply is outside India and hence the supply amounts to export of service consequently be zero-rated . 5.4 At this juncture, we draw attention to Sub-section (6) of section 2 of the Integrated Goods and Services Tax Act, 2017 which defines export of services as under: (6) export of services means the supply of any ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d) admissibility of input tax credit of tax paid or deemed to have been paid; (e) determination of the liability to pay tax on any goods or services or both; (f) whether applicant is required to be registered; (g) whether any particular thing done by the applicant with respect to any goods or services or both amounts to or results in a supply of goods or services or both, within the meaning of that term. The question raised by the applicant on which advance ruling has been sought for does not fall under any of the category of Section 97 (2) of the CGST Act 2017. Further it is an admitted fact that the applicant s question is related to place of supply and hence it is not a matter on which this authority is empowered to g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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