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’?

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