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TMI BlogREPAIR TO OIL RIGSX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear Sir/Madam Is the oil drilling ships covered under Ships /Vessels under Gst law? There by can we avail the benefit of 5% Gst rate on Maintenance Repair or Overhaul services to these Oil rigs and their parts and components thereof? Ref: Notification No. 02/2021-Central Tax (Rate) dated 2nd June 2021 . - Reply By Shilpi Jain - The Reply = To me it seems like it can be covered since ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is the vessels only which are used. Though suggested that a proper analysis of the technicalities involved is done before arriving at a conclusion. - Reply By ABHISHEK TRIPATHI - The Reply = Either drilling ships are ships or other vessel, both ways you may get the benefit. - Reply By Dinesh Tambde - The Reply = For this purpose there exist a specific entry at clause (ii) at Sr.24 of Not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ification 8/2017 Integrated Tax (Rate) which says that, Support services to exploration, mining or drilling of petroleum crude or natural gas or both taxable at 12%. Further the Tax research Unit of Ministry of Finance, Department of Revenue has issued Circular No. 114/33/2019-GST (F.No. 354/136/2019-TRU) dated 11th October, 2019 . In the said circular the scope of entry services of explora ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion, mining or drilling of petroleum crude or natural gas or both at Sr. No. 24 (ii) of heading 9986 in Notification No. 11/2017- Central Tax (Rate) dated 28.06.2017 has been clarified. - Reply By Praveen Lakshmi - The Reply = In order to avail the benefit of the rate reduction notification, RIGS shall be classified as Vessels as the rate notification provided the benefit only for Ships ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and other vessels and its related parts . However, there is no definition being provided in the provisions of GST neither in Customs Act , therefore, the definition of Vessel shall be understood in a commercial sense or in a sense with which people are familiar. Understanding the activities and operation of Vessel and Rig The vessel is distinct and different from a drilling rig for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e following reasons: A vessel is self-propelled and has navigability whereas a rig normally does not have navigability nor self-propelled; A vessel floats in the water always whereas rig floats only when it is being transported from one place to other; A vessel can perform its functions of transportation and carriage only on water whereas a rig can perform its function i.e., drilling on o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pen land as well as land below water; A vessel essentially carries goods or passengers whereas a rig essentially drills; A drilling rig is a drilling machine whereas a vessel is not. Though the rigs have flight platform, they are not engaged in carriage of goods or passengers but are meant for drilling operations in connection with offshore oil exploration; Even though there is no defi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nition in the Customs Act for the Vessel, there is definition for Foreign going vessel , which states that apart from vessels which are engaged in carrying goods or passengers, vessels engaged in fishing or any other operations outside the territorial waters of India are included. Even in several difference High Court and Supreme Court judgements, the definition of Vessel was arrived by relyin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g upon various other Acts and Rules such as Merchant Shipping Act, 1958; McGraw Hill Dictionary of Scientific and Technical Terms (4th Edition); Section 3(63) of the General Clauses Act, 1897; International Load Line Certificate (1966) issued by `American Bureau of Shipping' Insurance Policy for the oil rigs; Code of conduct from International Maritime Organisation; Other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... similar certificates; Based on the above citied case laws and several other organisation codes, it was concluded that `Vessel' is not necessary that it should be fitted with mechanical means of propulsion but the word vessel is of a wide and it includes sailing vessel or other description of vessel used in navigation. Thus, from the above provisions it would be apparent that for purposes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the GST and Customs Act , the word `vessel' is of wide amplitude and `oil rigs' are `vessels. Further, following case laws cited below has concluded that vessels do include RIGS Jindal Drilling Industries Ltd. Anr. v. Union of India Ors. 2008 (4) TMI 19 - SUPREME COURT ; Aban Loyd Chiles Offshore Ltd. Anr. v. Union of India Ors. - 2008 (4) TMI 19 - SUPREME COU ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RT Great Eastern Shipping Co. Ltd. Anr. v. Union of India Ors. 2008 (4) TMI 19 - SUPREME COURT, Amership Management 1996 (1) TMI 135 - BOMBAY HIGH COURT; Many other similar cases. By relying upon above discussion, we are of view that the RIGs shall be considered as vessels and shall be eligible for availing such rate reduction benefit upon receipt of Repair and Maintenan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce services for RIG. - Reply By KASTURI SETHI - The Reply = I am thankful to Praveen Lakshmi Ji for throwing light on the issue and enrichment of my knowledge. Your reply speaks volume of your hard work and vast knowledge. - REPAIR TO OIL RIGS - Query Started By: - SSOE SSOE Dated:- 20-8-2021 Goods and Services Tax - GST - Got 5 Replies - GST - Discussion Forum - Knowledge Sharing, reply p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ost by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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