Authority for Advance Ruling (AAR)

    
1.Whether GST is leviable on the reimbursement of expenses from the Subsidiary Company to its ultimate holding company located in a foreign territory outside India.
2. In case GST is leviable what is the rate of GST applicable to the said reimbursement of expenses?

1.Whether the transaction of printing of content provided by the customer, on poly vinyl chloride banners and supply of such printed trade advertisement material is supply of goods.?
2.What is the classification of such trade advertisement material if the transaction is a supply of goods?
3. What is the classification and applicable rate of Central Goods and Services Tax on the supply of such trade advertisement material if the transaction is that of supply of services?

The Authority has floated tenders for collection of vehicle entry fees, which is an access to temple premises. The highest bidding was at Rs.56,08,077-00. The Authority wants to know whether KGST/ CGST has to be collected on the said amount.
2.  The Authority sells laddoos, kallusakkare, ThirthaPrasada, Cloth bags, and other articles beginning from Rs.5/- up to Rs.100/-. Whether KGST / CGST has to be collected on the same.
3. The Authority has approximately 100 shops which are given on lease through auction. Once in a year the Authority conducts public auction and the highest bidder is permitted to run the shop for a year. Whether KGST / CGST has to be collected on the same.
4. The Authority also conducts e-procurement auction for the service of tonsuring the heads of the devotees. The highest bidder is given the right to collect fees for tonsuring the head. Whether KGST / CGST has to be collected on the tendered amount.
5. The Authority has 16 Cottages/ rooms with 242 rooms which are given on rent and collects “vasathinidhikanike”. The Kanike ranges between Rs.130 and Rs.750. Whether KGST / CGST has to be collected on the same.
6. The Authority collects seva fees and Utsava Fees ranging from Rs.50/- to Rs.15,000-00 which are in the nature of religious activities. Whether KGST / CGST has to be collected on the same.
7. The Authority also collects “Special Darshan Fees” of Rs.100, Rs.150, and Rs.300 for darshan of MalaiMahadeshwara Swamy. Whether KGST / CGST has to be collected on the same.
8. The Authority runs one Kalyana Mandapa at Kollegal, in Chamarajanagar District. The right to collect service charges is through tender cum auction. The highest bidder is permitted to collect service charges. Whether KGST / CGST has to be collected on the same.
9. The Authority also runs a KalyanaMantapa at M.M.Hills and the rent charged per day is at Rs.5000-00. Whether KGST / CGST has to be collected on the same.
10. The Authority floats tenders for collection of Vahana Pooja in front of the temple. The highest bidder is given the right to collect the charges. Whether KGST / CGST has to be collected on the same.
11. The Authority is collecting vehicle entry fees which is an access to temple premises. Whether such collection of entry fee is liable to KGST / CGST may be clarified.
12. The Authority wants to float tenders for similar such activities in future. Whether the rights given on tender or auction is liable to CGST/ KGST may be clarified.”

a. Type of Service (Export or domestic) 
b. Tax Liability Determination. 
c.Admissibility of refund on taxes paid

1.What is the applicable GST Tariff code and GST rate for the supply of patent-applied LED stem (long bulb) with fittings when both are manufactured in the applicant’s factory and supplied as a single unit?
2.Is it a composite supply or a mixed supply?

1. Whether the supply of powerpacks, freight and insurance service and commissioning/ installation services as per the Purchase Order 08/16/2730/1838/f dated 05.11.2016 has to be treated as “Composite Supply” as defined in section 2(30) of CGST Act, 2017 read with section 8(a) of CGST Act, 2017 or freight and insurance service and commissioning / Installation can be treated independent of supply of power packs given that installation and commissioning takes place after 4-5 months of supply of power packs.

QUESTION PERTAINS TO ADMINSTRATION- FEES/AMOUNT COLLECED FOR ADMINSTRTION RELATED SUPPLY
1).RTI Application Fee;Application Fee Collected from Information seekers as Prescribed by the Govt. for giving information to the applicant seeking Information under RTI Act.
2).Amount Collected towards providing information under RTI Act.;Amount Collected from the Applicant seeking Information. as Prescribed by the Govt. for providing additional information under RTI Act.
3)Departmental Exam fees collected form employees of CESC/KPTCL;Exam fees collected form employees for appearing to the Exams conducted by department (CESC/KPTCL) for promotions as per departmental norms.
4)E.M.D-Earnest money Deposit;Earnest money Deposit received (cash, cheque, BG) against tender notification as. As per terms and condition of the Tender, Deposit paid to company by vendors for applying for tender for various work contracted for improvement and enhancement of distribution network. The EMD/Security Deposit /BG will  be refunded after final settlement of the account or cancellation of Work Order
5)Interest on Bank Short Term Deposit;Interest received from Bank for short term Deposit. It is shown as Other income in the P/L account
6)Interest amount recovered from employeesLoan / Advances given to the employees for their needs. A nominal Interest is recovered Along with monthly EMI amount. (Interest is less than the Bank Interest).
7)Discount;Supply of electricity by KPC to CESC is exempted if KPC has given certain Discount the same will be accounted in Books of A/c
8)Rebate;Rebate received for settlement of Power purchase bills in time from the power Generator like KPCL and other Power generators.
9)Rebates collected for in time payment of energy purchase bills dues Discount given by the Power supply company for in-time payment for energy bills We purchase Electricity from Power supply Company for distribution. If the payment to the Power Supply company is made within the due date for their energy bills, the Power Supply Company will give discount/ rebate for in-time payment.
10)Income accrued on account of energy savingsDue to Power savings by the consumers, the Govt. will give certain incentives. A part of such Energy Savings will be passed on to CESC. The same is accounted under the head “Income accrued on account of energy saving”
11)Incentives Received;Incentives received from the Power Corporation/State Govt. from time to time under various schemes.
12)Rebate on Power Purchase Bills;Rebate received for settlement of Power purchase bills in time from the power Generator like KPCL and other Power generators.
13)Liquidated damages 1. Energy purchase bills 2. Others Miscellaneous recoveries/income Related to power purchase. Amount Recovered as Damages from the supplier/vendors due to under/Non-performance of the work / Delay in delivery of Goods / Electricity Delivered less than the stipulated quantity as stipulated in the Power Purchase agreement. The loss to the company is recovered as damages at the time of Payment of Bills.
14)Goods given under Barter System;At the time of Installation/ Commissioning of Transformers at the Site or at consumer end by the Contractors, certain material gets short. The items will be given free of cost to the Contractor by CESC. Subsequently item will be replenished by the Contractor to CESC
15)Replacement of Assets during the Guarantee Period (Using Delivery Challan) The defective items like Transformers etc, are replace by the supplier of Goods under Delivery Challan without making any invoice. No additional payment is made as the asset is replaced within Guarantee period
16)Profit on sale of Stores; Purchased Goods (Stores) are Accounted in Books of A/c under Written Down Value (WDV). When it is scrap materials sold, Invoice is prepared and applicable GST is paid. Sale proceeds shown separately. Where the Scraps are sold at a higher price than the WDV, the difference is accounted as profit in Books of Account under the Profit on Sale of Stores a/c head. It is only Book Adjustment
17)Depreciation withdrawn from Contribution / subsidies as per AS-12 In respect of Purchase of Capital goods like Transformers, Poles, Cables etc. the depreciation accounted earlier is reversed. This is only reversal entry.
18)Write-back of Interest;Interest accounted/demanded earlier if found to be accounted incorrectly, it is written back in books of accounts. This is only reversal entry
19)Excess found on Physical verification of Materials Stock, Fixed Assets & Cash During the stock verification of Stores Materials if found excess, the same will be shown in P/L A/c as Excess found on Physical Verification. The GST is Already paid at the time of purchase of Material.
20)Excess provision for ITE;Excess provision made in Income Tax payment at the end of year for present financial year before finalization of Company account
21)Excess provision for Depreciation in Prior periods;Excess Provision made in which difference between Provision Depreciation is made with the actual depreciation accounted in Books of Accounts.
22)Excess provision for Interest and Finance;Excess provision for Interest and Finance charges on Borrowings etc for the next Financial Year made in the previous period is written back in current year.
23)Other Excess provision in Prior Periods;Other Excess provision made earlier period (Pre-GST and after GST) is written back in current financial year.
24)Other income relating to prior periods Income if any relating to pre-GST period received if any is accounted in book of accounts after GST Implementation.
25)Security Deposits transfer to Income after 3year pre-GST;Deposit Amounts like ISD, ASD, EMD, etc collected from the consumers for connection or contract works if not refunded due to non-traceability of consumer/contractors after 3 years the amount will be transferred to Misc Income of the company. (along with amount pertaining to pre-GST Transferred in GST Period). The amount will be paid back to the consumer when the consumer traced out or requested for refund
26)Rental from Staff Quarters;Amount Collected form the Employee/Officers of the CESC for lent out of the residential quarters. The HRA amount paid in the salary to the Employee will be recovered as the rent amount.
27)Part-time Sweepers wages;Wages paid to the Part-time sweepers employees directly engaged by CESC (Not through contractors)
28)SR Books sold to Employees;Printed Books sold to employees as Service register at time of appointment to service of the company
29)Other Miscellaneous receipts from Trading Amount received from sale of Miscellaneous items viz. News Paper, Books & Periodicals
30)Advance on sale of scraps;Advance paid to the company by the vendors before finalization of sale of scrap pending confirmation of sale. If the sale is not finalized the same amount will refunded to the vendors
31)Penalty recovered from supplier Bills Penalty recovered during payment of the suppliers bill for delay in work & delay in delivery of Goods/under performance/supply of damaged Goods / Services as per terms and condition of contract/ work award
32)Stale Cheque;If amount paid through Cheque by CESC as payment is not enchased or presented to bank by the vendor/supplier/contractors/deposit refund/service provider within due dates the cheque is cancelled or treated as stale cheque and amount is accounted as income if the same amount is not paid to the vendor/ supplier/ contractors/ deposit refund/ service provider.
33)Transformer Rent Charges collected on Lending Transformer on temporary Basis to the consumers.
34)Rental From others;Rent collected for using of CESC property like store yard/Buildings/ Poles for cable connection etc., from customers.
35)Sale of Scrap;Amount collected for Sale of Burnt Meters, Damaged Transformers, Waste Transformer Oil, Waste Cables, Conductors, Gunny / Plastic Bags, Carboys, Drums are sold as Scrap to the contractors/Vendors
36)Cheque Dishonour Fee;In case cheque issued by the consumer is dishonoured due to insufficient funds, the Bank charges & other incidental charges incurred by CESC is recovered from the consumers as Cheque Dishonour Fee
QUESTION PERTAINS TO POST CONNECTION- FEES/AMOUNT COLLECED FOR POST SERVICE CONNECTION OF ELELCTRCITY  RELATED SUPPLY
37)Miscellaneous charges collected for storage/transport /installation of CFL Lamps Under BelakuYojane.;Miscellaneous charges levied for storage/transport /installation of CFL Lamps from the consumers under BelakuYojane or any scheme declared by State Govt. in respect of Power supply to the consumers
38)Re-Connection Fee;If the consumer defaults for payment of Electricity Bill for consecutive three months, the Electricity supply will be disconnected. When consumer makes the payment of dues, Re-Connection Fee will be collected at the time of re-connection of Electricity supply. Further the amount is collected in the Power Bill itself and not collected separately from the consumers
39)Fee for Testing of Installation;Fee collected from the consumers for the testing of authenticity or working condition of installation like meter, capacitor, etc for  supply of Electricity
40)Installation Fee Collected towards Issue of NOC (No Objection Certificate);Fees Collected form consumer for Issuing No Objection Certificate (NOC) at the time change of ownership of the premises
41)Name Transfer Fee;Name Transfer Fee will be collected from the consumers for change of name from existing consumer name at the time change of ownership of the premises by purchase or lease or rent
42)Service Line Charges;Amount collected for giving connection through Service Line from point of supply to the premises of the consumer.
43)Additional load Fee;Fee collected for Providing additional load of power in addition to existing load as per requirements requested by the consumer as per KERC Regulations.
44)Load Reduction Fee;Fee collected for Providing Reduction in load of power from the existing load as per requirements requested by the consumer as per KERC Regulations.
45)Disconnection FeeAmou;nt collected from the consumers for disconnection of Power supply services due to non-payment of Electricity charges within stipulated time as per KERC Regulations.
46)Reconnection Fee ;Amount collected from the consumers for Re-connection of Power when it is disconnected. Further the amount is collected in the Power Bill itself and not collected separately from the consumers
47)Disconnection / Reconnection Fee;It is the Reconnection charges collected for non-payment of electricity bills for the earlier period. It is not Fees as mentioned earlier. Further the amount is collected in the Power Bill itself and not collected separately from the consumers
48)Tariff Change Fee;Fee collected for Change of Higher Tariff to lower Tariff and vice-versa due to Change of purpose of usage of Electricity supply as per request from consumer.
49)Ledger Abstract Fee;Amount collected for providing Ledger Extract of the installations power usage, billing, payment and other information for a specific period of time of consumer account as per consumer request.
50)CT Testing Fee(Current Transformer);Fee collected for testing of working conditions of current transformers at the time installation of Transformer.
51)Security Deposit; Security Deposit collected in addition to the already existing deposits due to increase in tariff charges/load/annual usage of electricity. The same will be refunded at the time of surrender of installation/ permanent disconnection at consumer Request
52)Deposits on MBC (Meter Burnt Cost);Deposit Amount collected towards Burnt out meter (for various reasons like short circuit, overload) Pending decision Subjected to Finding fault from either party.  Refund Subjected to the condition fault Found on Distribution side. If not fault is from consumer the amount account as income
53)Re-Sealing charges (if found broken);At the time of Meter installation seal is put on the meter. In case the seal is broken or tampered with then the same needs to be replaced. Charges for sealing the meter is collected from the consumers
54)Miscellaneous Recoveries;Recoveries from the consumers relating to distribution of electricity not specified in the above list
55)Changes of meter/replacement Charges collected for Changing Electro-mechanical Meters to EVM Meters request/ replacement of burnt Meter/fast gripping meters etc, at consumers or at complaint by Meter readers.
56)Line shifting Charges;Chargers levied for shifting of Line/poles from one place to other at consumers request/ as per city requirements like widening/construction of roads etc
57)Delayed Payment Charges;In case delay in payment of electricity Bill, by the consumers, delay payment charges are collected from the consumers at the rate of 1% per month calculated for the no of days delayed. Further the interest amount is added in next month Electricity Bill and collected as Electricity bill payment from the consumers
58)HT/LT Meter Testing Charges;Charges collected for Technical Testing and Analysis of Meters to check the working condition of Meters like capacitors, current, reading constant etc. The testing can be made at consumer requests (at time of new connection and/or change of meter) or if complaint lodge at the time of reading of meter not working.
59)Calibration Charges;Charges collected for Technical Testing and Calibration of Meters like precision of reading, and other features of Meters
60)Meter testing Charges;Charges collected for Technical Testing and Analysis of Meters to check the working condition of Meters. The testing can be made at consumer requests or if meter readers complaint of not working/slow reading/ fast gripping etc at the time of billing.
61)Duplicate Bill Charges;Chargers levied on issue of Duplicate Bill at consumer’s request. i.e., if the original bill is lost by consumers, they can apply/ask for duplicate bill for any previous month. Charges is applied for every month Duplicate bill issued
62)Rebate- for collection of Electricity Tax;Electricity Tax levied at the time of electricity billing and the same is paid to the Govt. If the Electricity taxes are paid to government within stipulated time CESC receives rebate on such Electricity Tax paid and account under the head as “Rebate for payment of Electricity Tax.” in the Books of A/c
63)Cross subsidy charges;Amount received from Govt. as subsidy for supply of power to certain Tariffs like Bhagya Jyothi, Power-looms, etc installations as stipulated by the Govt.
64)Any amount transferred to Misc. Revenue Ex:- Deposits, ACC, ISD, ASD, MSD, MBC.;Deposit Amounts like ISD, ASD, EMD, etc collected from the consumers for connection or contract works if not refunded due to non-traceability of consumer/contractors after 3 years the amount will be transferred to Misc Income of the company. (along with amount pertaining to pre-GST Transferred in GST Period). The amount will be paid back to the consumer when the consumer traced out or put request for refund
65)Receipts from consumers relating to prior periods;Old dues received from consumers/contractors for works and other charges pertaining in Pre-GST period  received after GST implementation which was written off earlier but received subsequently
66)Fuel cost adjustment charges;Amount billed towards fuel cost like Petrol, Diesel borne by company for transport at the time of billing as per KERC regulations. The amount is revised every 3 months by KERC.
67)Power Factor penalty;Penalty levied if the power recorded by the capacitor is excess than standard power factor stipulate at the time of agreement for both HT and LT connection during bill cycle. The charges will be levied on the excess power recorded as Power factor penalty
68)Meter Burnt-out Cost;Amount collected towards Burnt out meter (for various reasons like short circuit, overload) Pending decision Subjected to Finding fault from either party.  Refund Subjected to the condition fault Found on Distribution side. If the fault is from consumer the amount account as income
QUESTION PERTAINS TO PRE CONNECTION- FEES/AMOUNT COLLECED FOR PRE SERVICE CONNECTION OF ELELCTRCITY  RELATED SUPPLY
69)Application Fee;Application Fee collected from the consumers for initial connection of Electricity supply to their premises as per KERC regulations.
70)Collection of Registration Fee on HT/LT/ Temporary Application on supply of Electricity;Registration Fee collected from the consumers for Temporary connection of Electricity supply KERC regulations.
71)Facilitation fee towards Solar Roof Top system (SRTPV);After installation of Solar Roof Top system (SRTPV) in the consumer's premises, facilitation fee is collected from the consumers for the Supervision Services provided by CESC from time to time.
72)Registration fee towards Solar Roof Top system (SRTPV);Registration fee collected from consumers for new connection of Solar Roof Top system (SRTPV) in their premises
73)Facilitation fee towards Solar Roof Top system (SRTPV);After installation of Solar Roof Top system (SRTPV) in the consumer's premises, facilitation fee is collected from the consumers for Supervision Services provided by CESC from time to time.
74)Regularization of the un-authorized IP SET Infrastructures Charges;Charges collected from Consumers for new connection/ regularization (Infrastructures Charges) of connection for providing Electricity supply to Irrigation Pump set.
75)Vendor Approval Fee;Amount collected for providing approval of vendor for supply of Goods/Services for CESC who is qualified as per terms and conditions of the tender
76)Tender Application Fee;Application Fee collected for applying quotations of tenders by the Vendors/Service Providers for supply Goods/Services to CESC.
77)Vendor Approval Fee;Amount collected for providing approval of vendor for supply of Goods/Services for CESC who is qualified as per terms and conditions of the tender
78)Tender Application Fee;Application Fee collected for applying quotations of tenders by the Vendors/Service Providers for supply Goods/Services to CESC.
79)Initial Security Deposit Initial Security Deposit collected from the consumers for providing Electricity connection. The same will be refunded at the time of surrender of installation/ permanent disconnection at consumer Request
80)Meter Security Deposit Security Deposit collected as collateral for installation of LT/HT meters to consumers at the time of New connection. The same will be refunded at the time of surrender of installation/ permanent disconnection at consumer Request or when meter is returned.
81)Advance Consumption Charges Advance amount collected as collateral from the consumers for supply of Electricity of Temporary Connection. The Advance amount so collected will be refunded or adjusted towards Electricity charges at the time of conversion from temporary to permanent connection at the consumers request
82)EMD/Security Deposits/Bank Guarantees Amount collected towards Earnest Money Deposit (EMD) / Security Deposit /Bank Guarantee for applying tender for supply of Goods/Services. The EMD/Security Deposit /BG will be refunded after final settlement of the account or cancellation of Work Order
83)Augmentation Charges;To enhance the Power connection to the consumers for e.g. from LT to HT or from 10KVA to 20KVA, Augmentation Charge is collected.
84)Amount Collected towards Self-Execution Works;Amount collected for goods/services given for self-execution of Electrical Works in relation to connection of Electricity for new Layouts.
85)Development Charges;Nominal Amount collected from the consumers for development of infrastructure to give supply of Electricity to a specific place.
86)Service connection charges (Supervision charges);Amount collected towards supervision charges for initial service connection to the consumers relating to supply of Electricity.
87)Amount Collected towards Deposit Contribution Works (DCW);Amount collected from Consumers for execution of Deposit Contribution Works in relation to the Electricity connection at Layouts. The amount is the cost collected against the purchase of goods and labour cost for the estimated work subsequently paid to the contractors upon completion of work.
88)One time maintenance cost of New Layouts;For Power connections at the time of formation of new layouts, one time maintenance cost will be collected from the consumers.
89)Fee Collected towards Inspection of Installation;Fee collected from the consumers for the physical Inspection of Installations like meter, capacitor, etc for supply of Electricity.
90)Rating / Re-Rating Charges;Amount collected from Supplier/Consumer for Rating/Re-Rating of Installation of Meter at the consumers request to verify the working condition of the Meter / meter rating
91)Supervision  Charges;Supervision charges collected from the consumers for supervising the execution of the Electrical works as Self execution work/DCW work. A 10% supervision charges collected on total estimate cost of the work.

1. Rate of tax on sale of Poha Bran or Avalakki Bran or Bran of beaten rice which supplied to cattle feed manufacturing units

1.Whether he is eligible to be in the composition scheme as his aggregate turnover is much less than Rs.50,00,000-00?
2. Whether the rate of composition tax applicable is 1% for the turnover of goods (sales) and 6% for the turnover of service (rent). The two separate taxes amounts to be totaled and paid or is it 6% as a whole for the aggregate turnover of goods and service turnover that is to be paid?

1. Whether in the facts and circumstances of the case, DKMS BMST Foundation India is liable to pay Integrated Goods and Services Tax on the Human Leukocyte Antigen (‘HLA’) testing services performed by the overseas laboratory outside India on the Human Buccal Swabs sent by DKMS-BMST from India?
Later at the time of personal hearing, he has modified the question and sought the advance ruling on the following questions:
1. from the overseas laboratory falls under the definition of health care services by a clinical establishment, thereby exempt from the tax leviable thereon and accordingly not taxable in the hands of DKMS-BMST/
2. Notwithstanding the outcome of Question 1, whether in the facts and circumstances of the case, DKMS BMST Foundation India (‘DKMS BMST’) is liable to pay Integrated Goods and Services Tax on the testing services performed by the overseas laboratory outside India on the Human Buccal Swabs sent by DKMS BMST from India?