Page 160 - GSTL_13th August 2020_Vol 39_Part 2
P. 160

246                           GST LAW TIMES                      [ Vol. 39
                                                                     RULING
                                             Question 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?
                                             Answer 1 :   The supply of printed trade advertisement material is clas-
                                                        sified under Goods only as per Section 7 of CGST Act, 2017
                                                        read with Schedule-II, Sl. No. 1(a) of CGST Act, 2017.
                                             Question 2 :  What is the classification of such trade advertisement ma-
                                                        terial if the Transaction is a supply of goods?
                                             Answer 2 :   It is classifiable vide Notification No. 1/2017-Central Tax
                                                        (Rate), dated 28-6-2017 under  Sl. No.  132  Chap-
                                                        ter/Heading/Sub-Heading/Tariff Item 4911  and  attracts
                                                        tax rate of 12% (CGST 6% + SGST 6%).

                                                                     _______

                                             2020 (39) G.S.T.L. 246 (A.A.R. - GST - Bihar)
                                     BEFORE THE AUTHORITY FOR ADVANCE RULING UNDER GST, BIHAR
                                       S/Shri Dharmjeet Kumar, Member (Central Tax) and Ashok Kumar Jha,
                                                                Member (State Tax)
                                                  IN RE : UTTAR BIHAR GRAMIN BANK
                                              Advance Ruling Case No. AR(B)-04/2019-20, dated 30-6-2020
                                            Input Tax  Credit  - Banking company -  Common input services for
                                     Exempted and Taxable services - Applicant has stated that in terms of Section
                                     17(4) of Central Goods and Services Tax Act, 2017/Bihar Goods and Services
                                     Tax  Act, 2017 they are availing  50%  of ITC of GST paid  on  input services -
                                     Conditions for opting  for aforesaid provision are enumerated  in Rule  38 of
                                     Central Goods and Services Tax Rules,  2017/Bihar Goods  and Services Tax
                                     Rules, 2017 - Thus, if conditions contained in said Rule are followed, appli-
                                     cant’s opting of Section 17(4) instead of Section 17(2) ibid is legally in order -
                                     Rule 38 ibid - Section 17 of Central Goods and Services Tax Act, 2017/Bihar
                                     Goods and Services Tax Act, 2017. [para 4]
                                                                                   Ruling in favour of assessee
                                            REPRESENTED BY :      Shri Rajesh Kumar Khetan, Chartered Accountant,
                                                                  for the Assessee.
                                            [Order]. -  vkosnd ,d cSad gSA buds }kjk vfxze fofu.kZ; ds fy;s fn;s x,
                                     vkosnu esa fuEufyf[kr iz’u mBk;k x;k gSa :-
                                            (i)  Applicant is engaged in the business of banking as a Regional Rural
                                                 Bank. It accepts deposit from its customers. It is statutorily require
                                                 to pay premium to Deposit Insurance and Credit Guarantee Corpo-
                                                 ration (In short “DICGC) on these deposits, on which GST is collect-
                                                 ed by the DICGC. Now the bank is availing and intends continue to
                                                 avail credit of GST paid, as prescribed under respective GST Acts,
                                                         GST LAW TIMES      13th August 2020      160
   155   156   157   158   159   160   161   162   163   164   165