Wednesday, 1 December 2021

Supplier identification and their review are 'Intermediary Services' - AAAR

 

Appellate Authority for Advance Ruling, Karnataka (‘AAAR’) in the case of Airbus Group India Private Limited, 2021-VIL-63-AAAR, dealt with the scope of ‘intermediary services’ under Goods and Services Tax (‘GST’) after the issuance of a Circular by the CBIC.

 

Facts of the Case

 

·                The Appellant, a subsidiary of a foreign company, entered into an agreement with its Parent company to provide certain services including supplier identification and performance review, technical advisory to suppliers for meeting quality standards, etc.

 

·                The agreement stipulated that all operative decisions were handled by the Parent company such as selection of suppliers, negotiation, and further communications with them, etc.

 

·                The Authority for Advance Ruling (‘AAR’) held that such an arrangement falls under ‘intermediary services’.

 

AAAR Ruling

 

·                Appellant is neither a broker nor an agent. The expression ‘any other person’ in the definition of ‘intermediary’ also include a person who is not similar to a ‘broker’ or ‘an agent’. The Doctrine of Ejusdem Generis cannot be applied.

 

·                Since the Appellant’s role, inter alia, was to continuously assess the supplier performance, it constitutes ‘facilitation/arrangement’. Thus, the Appellant is providing ‘intermediary services to its Parent company.

 

·                That the recent Circular No. 159/15/2021-GST dated September 20, 2021, issued by CBIC goes against the Appellant.

  | Remarks

 

·                While we agree with the AAAR that the Doctrine of Ejusdem Generis is not applicable (on a different reasoning), the decision by the AAAR may be incorrect under GST laws.

 

·                The AAAR has wrongly interpreted the recent clarification issued by CBIC in concluding that the Appellant is providing the ancillary services and not the main services.

 

·                Now, assuming that the Circular favours the Appellant and since AAAR decision is binding on the Appellant under GST laws, the moot question is ‘which will prevail, the circular or AAAR’?

No comments:

CBDT issues second round of frequently asked questions in relation to Direct Tax Vivad Se Vishwas Scheme, 2024

  This Tax Alert summarizes Circular No. 19/2024 dated 16 December 2024 (VSV 2- December Circular) issued by the Central Board of Direct Tax...