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TMI Blog2019 (10) TMI 1094X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 97 of the CGST Act, 2017 & KGST Act 2017 read with Rule 104 of the CGST Rules 2017 & KGST Rules 2017, in FORM GST ARA-01, discharging the fee of Rs. 5,000/- each under the CGST Act and the KGST Act. 2. The Applicant is a Partnership firm and is registered under the Goods and Services Act, 2017. The applicant has sought advance ruling in respect of the following question:- Whether GST is applicable on local sale of used second hand Wind Turbine Generator (WTG) / (Wind Mill) with accessories? 3. The applicant furnishes some facts relevant to the stated activity: a. The applicant states that they are into the business of generating electricity from Wind Mills and have installed 108 wind mills. They entered into a power purchase agre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments and copy of the sale agreement between the applicant and M/s SS International, Bengaluru. 6. FINDINGS & DISCUSSION: 6.1 We have considered the submissions made by the Applicant in their application for advance ruling as well as the submissions made by Sri. Purushothama Bhat N, GSTP and authorised representative of the applicant during the personal hearing. We have also considered the issues involved, on which advance ruling is sought by the applicant, and relevant facts. 6.2 At the outset, we would like to state that the provisions of both the CGST Act and the KGST Act are the same except for certain provisions. Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the CGST Act would also me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Where a taxable supply is provided by a person dealing in buying and selling of second hand goods i.e., used goods as such or after such minor processing which does not change the nature of the goods and where no input tax credit has been availed on the purchase of such goods, the value of supply shall be the difference between the selling price and the purchase price and where the value of such supply is negative, it shall be ignored: Provided that the purchase value of goods repossessed from a defaulting borrower, who is not registered, for the purpose of recovery of a loan or debt shall be deemed to be the purchase price of such goods by the defaulting borrower reduced by five percentage points for every quarter or part thereof, between ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12 of 2017). 2. This notification shall come into force with effect from the 1st day of July, 2017. This Notification is issued under Section 9(4) of the CGST act, 2017 and applies in situations where the supplier is an unregistered person and the registered recipient is required to discharge tax on reverse charge basis. In the instant case the applicant is the supplier and is a registered person. Therefore this Notification is not relevant to the transaction in hand. We, therefore, do not agree with the applicant's contention. 7. Wind Mills and accessories are proposed to be sold for a single price and hence it amounts to a composite supply with the supply of wind mills being the principal supply. Wind Mills are covered under entry 234 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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