9911796707
TMI Blog2020 (1) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 19.08.2019 = 2019 (8) TMI 1156 - AUTHORITY FOR ADVANCE RULING, WEST BENGAL, pronounced by the West Bengal Authority for Advance Ruling (hereinafter referred to as the "WBAAR") 2. The Appellant holding GSTIN No. 19AABCM9451F1ZB is engaged in the business of printing trade advertisement material. It prints the content provided by the recipient on the base material of polyvinyl chloride cloth (hereinafter referred to as the "PVC"), paper, etc. The Appellant provides the printing ink and the base material. 3. The Appellant sought an advance ruling under section 97 of the West Bengal Goods and Services Tax Act, 2017/ the Central Goods and Services Tax Act, 2017, (hereinafter collectively referred to as "the GST Act") on the following qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the case on the following grounds: (i) The WBAAR did not appreciate the legal position of the case and did not give cognizance to Ruling of Telengana AAR in the matter of TSAAR/4/2018 dated 30.05.2018 = 2018 (6) TMI 519 - AUTHORITY FOR ADVANCE RULING HYDERABAD TELANGANA where the Telengana AAR opined that the supply of printed trade advertisement is to be treated as supply of goods . (ii) The Appellant argued that the WBAAR did not determine whether the transaction was a supply of goods. The Appellant argued that the printed trade advertisement being movable property falls under the ambit of 'goods' under section 2(52) of the GST Act. (iii) The Appellant referred to serial no. 59 of the Table provided in the Circular F. No.332/2/201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the PVC material supplied to the customer has no use unless it has the content printed on it. 9. The matter is examined and written and oral submissions made before us are considered. 10. The Appellant placed reliance on para 5 of CBIC Circular No. 11/11/2017-GST dated 20.10.2017. For the sake of clarity para 5 of the Circular is reproduced here as following : In case of supply of printed envelopes, letter cards, printed boxes, tissues, napkins, wall paper etc. falling under Chapter 48 or 49, printed with design, logo etc. supplied by the recipient of goods but made using physical inputs including paper belonging to the printer, predominant supply is that of goods and the supply of printing of the content [supplied by the recipient ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... graph 4, the usage right is owned by the supplier of the content, whereas in the case described under paragraph 5, no such usage right is owned by the supplier of the design or logo. 13. On reading paragraphs 4 and 5 of Circular No. 11/11/2017-GST dated 20.10.2017 it can be concluded that items mentioned in para 4 have no secondary use other than carrying the printed content whereas the articles mentioned in para 5 have secondary usage. Though wallpaper displays designs printed or embossed on its body, it has another use that of protecting the wall. In the instant case the PVC sheet does not have any other usage other than displaying the advertisement content. 14. In the present case, the Appellant prints the content provided by the recip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der no. 5000060092 dated 12.04.2019, ITC Limited has mentioned the order description as service - "Digital Printing - Outdoor". Also in purchase order issued to the Appellant under no. 018/EMPL/18-19 dated 24.05.2018 issued by Eden Media Pvt. Ltd, the particular of charges has been mentioned as "Printing charges for 1 no. of Blackback flex". Thus, it is clear beyond doubt that what the Appellant supplies is nothing but service. Hence, we find no basis in the argument of the Appellant that it supplies goods only.
In view of above discussion we find no infirmity in the ruling pronounced by the WBAAR.
The appeal thus fails and stands disposed accordingly
Send a copy of this order to the Appellant and the Respondent for information. X X X X Extracts X X X X X X X X Extracts X X X X
|
