Page 184 - GSTL_27th August 2020_Vol 39_Part 4

502 GST LAW TIMES [ Vol. 39
Import - Drill bits imported for supply to ONGC at its location in India on
consumption basis - Applicant importing drill bits by themselves as
importer - And undertaking to supply drill bits to delivery location of
ONGC on consignment basis, i.e., sale on approval basis with applicant
responsible for transportation and insurance till delivery - Post-import
activity of applicant fell within the scope of inclusive portion of
expression “supply” under Section 7(1)(a) of Central Goods and Services
Tax Act, 2017 - Such supply taxable depending upon nature of supply -
Entitlement or eligibility or applicability of exemption from Central Tax
under Notification No. 3/2017-C.T. (Rate) to supply of goods (drill bits)
to delivery stations of ONGC only upon fulfilment of conditions
specified in said Notification - Activity of import and subsequent supply
of drill bits by applicant to ONGC does not qualify as one single supply -
Activity involves two supplies - Section 7 of Integrated Goods and
Services Tax Act, 2017 — In Re : Halliburton Offshore Services Inc. (Drill Bits) (A.A.R.
- GST - A.P.) ...................................... 357
Imported mud chemicals and additives supplied with Mud Engineering
services, it is not a composite supply - See under MUD ENGINEERING
SERVICES ...................................... 145
INCOME TAX ACT, 1961 :
— Section 206(1F) - See under VALUATION (GST) ................. 140
Indirect Taxation Consumer Welfare Funds, scope of utilization - See under
CONSUMER WELFARE FUND .......................... 132
Indoor electric sub-station - Electric sub-station with control room
constructed under Works Contract, rate of GST - See under WORKS
CONTRACT ..................................... 251
In-patients supplied with medicines through pharmacy, exemption
admissible - See under HEALTH CARE SERVICES ............... 330
Input Tax Credit (ITC) - 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, applicant’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 — In Re : Uttar Bihar Gramin Bank (A.A.R. - GST - Bihar) .......... 246
— Exclusion of credit - Works contract - Assessee, State-controlled mineral
producer owned by Government of India and under administrative
control of Ministry of Steel awarding project of lighting of plant road,
boundary and watchtower (Package 33) to BEL - Contract includes
various Inputs and Input services like design and engineering, supply of
plant and equipment and erection of such plant and equipment including
street lighting tubular poles, fittings, aviation lamps, switch box, pipes
for laying cables - Contract consists of transfer of property in goods,
coupled with supply of services which leads to inevitable conclusion that
it was “works contract” - Project of lighting of plant road, boundary and
watchtower awarded to the contractor by assessee not as simple or
GST LAW TIMES  27th August 2020  184