Page 59 - GSTL_13th August 2020_Vol 39_Part 2
P. 59

2020 ]       IN RE : HALLIBURTON OFFSHORE SERVICES INC. (OIL INDIA)  145

                        2020 (39) G.S.T.L. 145 (A.A.R. - GST - A.P.)
                   BEFORE THE AUTHORITY FOR ADVANCE RULING UNDER GST,
                                         ANDHRA PRADESH
                        S/Shri D. Ramesh, Member (State Tax) and M. Sreekanth,
                                         Member (Central Tax)
                   IN RE : HALLIBURTON OFFSHORE SERVICES INC. (OIL
                                               INDIA)
                                AAR No. 15/AP/GST/2020, dated 13-5-2020
                       Mud  Engineering services supplied along with supply of  imported
               mud chemicals and additives provided on consumption basis whether compo-
               site supply - All activities/events viz procurement, delivery, usage, rejection or
               replacement, demobilization  and receipt of consideration relating to mud-
               chemicals and additives can  be  done  independently or separately - Though
               mud chemicals and additives essentials and integral part of applicant’s work
               under mud  engineering  and drilling waste management services contract  -
               Supply of these items not necessarily “in conjunction with supply of services”
               - Supply of mud-chemicals and additives on consumption basis not composite
               supply - Supply classifiable as supply of goods under respective HSN Code of
               goods - Other events supply of goods (on rental basis) and supply of services
               (supply of technical personnel) also classifiable independently under respec-
               tive HSN/SAC  Code of goods  and services -  Such  supply of mud-chemicals
               and additives on consumption basis at OIL India’s location in India provided
               under contract qualify for concessional GST rate of 5% against an Essentiality
               Certificate under Notification No.  50/2017-Cus.  at time of  their importation
               subject to fulfilment of description, tariff item, lists and conditions specified
               therein and subject to satisfaction of Proper Officer - Section 2(30) of Central
               Goods and  Services Tax Act,  2017.  [paras 9.6, 9.7, 9.8, 9.9, 9.10, 9.11, 9.12, 9.13,
               9.14, 9.15, 9.16]
                                                          Ruling in favour of department
                       REPRESENTED BY :     Shri Shyam Sundar Bangaru, for the Assessee
                       [Order]. - The present application has been filed u/s. 97 of the Central
               Goods & Services Tax Act, 2017 and AP Goods & Services Tax Act, 2017 (herein-
               after referred to CGST Act and APGST Act respectively) by Halliburton Offshore
               Services Inc. (hereinafter referred to as applicant), registered under the Goods &
               Services Tax.
                       2.  The provisions of the CGST Act and APGST Act are identical, except
               for certain provisions. Therefore, unless a specific mention of the dissimilar pro-
               vision is made, a reference to the CGST Act would also mean a reference to the
               same provision under the APGST Act. Further, henceforth, for the purposes of
               this Advance Ruling, a reference to such a similar provision under the CGST or
               APGST Act would be mentioned as being under the GST Act.
                       3.  Brief facts of the case :
                       Halliburton Offshore Services Inc. is a global service provider, engaged
               in providing various oilfield services to Exploration and Production companies
               across the globe.
                       Presently, the Applicant has contracted to provide Mud Engineering and
                                    GST LAW TIMES      13th August 2020      59
   54   55   56   57   58   59   60   61   62   63   64