AAR holds that services of
transportation, in-transit insurance and loading / unloading in relation to
separate contract for supply of materials at ex-factory price, shall be liable
to GST at rate applicable to supply of goods; Notes that supply of goods under
First Contract cannot be executed independent of Second Contract providing for
transportation for the former does not include the provision and cost of
transportation and delivery; Moreover, the two contracts are linked by a cross
fall breach clause that specifies that breach of one contract will be deemed to
be a breach of other contract, and thereby turn them into a single source
responsibility contract; Resultantly, observes that the two promises – supply
of goods and their transportation to contractee’s site – are not separately
enforceable, the supplies of goods and services are naturally bundled;
Accordingly, states, “…supplies as that of applicant’s should be construed as
specifically mentioned under the GST Act as Composite Supply with supply of
goods as the principal supply and services like transportation, in-transit
insurance etc ancillary or incidental to the principal supply...” : West Bengal
AAR
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