In re Namakkal Agricultural Producers Co-operative Marketing Society Ltd. (GST AAR Tamilnadu)
Issues before AAR
1. Whether there is any purchase/sale involved in the process of auction of agricultural produce (cotton) conducted by the Namakkal Agricultural Producers Co-operative Marketing Society?
2. Whether our Society is liable to pay tax under Reverse Charge Mechanism in the capacity of being an auctioneer?
3. Whether service tax payable on receipt of Commission, Godown rent, Interest, in respect of service provided to agricultural produce?
4. Whether or not the merchants (Registered person) who directly purchase cotton from the agriculturist through auction conducted by the society is liable to pay tax on the basis of Reverse Charge Mechanism?
Held- The application is not admitted and rejected under first proviso to Section 98(2) of the CGST/TNGST Act 2017, as the issues on which Advance Ruling is sought by the applicant s already pending before the appropriate authority.
FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING,TAMILNADU
Note: Any appeal against this Advance Ruling order shall lie before the Tamil Nadu State Appellate Authority for Advance Rulings, Chennai as under Sub Section (1) of COST Act I TNGST Act 2017, within 30 days from the date on the ruling sought to be appealed is communicated.
At the outset, we would like to make it clear that the provisions of both the Central Goods and Service Tax Act and the Tamil Nadu Goods and Service Tax Act are the same except for certain provisions. Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the Central Goods and Service Tax Act would also mean a reference to the same provisions under the Tamil Nadu Goods and Service Tax Act.
S. 607 The Namakkal Agricultural Producers Co-operative Marketing Society Ltd., Namakkal District, 637001 (hereinafter referred as ‘Applicant’ or ‘Society’) is registered as a cooperative society under the Tamilnadu Co-operative Societies Act and Rules, regulated and governed by the Department of Cooperation of the Government of Tatnilnadu. They are registered under the GST Act 2017 vide GSTEN 33AACAT7744B1ZP. The applicant has sought Advance Ruling on the following questions:
1) Whether there is any purchase/sale involved in the process of auction of agricultural produce (cotton) conducted by the Namakkal Agricultural Producers Co-operative Marketing Society?
2) Whether our Society is liable to pay tax under Reverse Charge Mechanism in the capacity of being an auctioneer?
3) Whether service tax payable on receipt of Commission, Godown rent, Interest, in respect of service provided to agricultural produce?
4) Whether or not the merchants (Registered person) who directly purchase cotton from the agriculturist through auction conducted by the society is liable to pay tax on the basis of Reverse Charge Mechanism?
The Applicant has submitted the copy of application in Form GST ARA — 01 and submitted a copy of Challan evidencing payment of application fees of Rs.5,000/- each under Sub-rule (1) of Rule 104 of CGST rules 2017 and SGST Rules 2017.
2.1 The applicant has stated that their society is registered w.e.f. 20.05.1939 as a co-operative society under the Tamil Nadu Co-operative Societies Act and Rules regulated and governed by Cooperation Department of the Government of TamilNadu. The principal object of the society is to act as an agent or auctioneers arranging for merchandise auction for marketing of the agricultural produce of its member agriculturists to the best advantage. The nature of transaction undertaken by the applicant is as follows:
