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Goods and Services Tax

Service of Charging of battery of Electrical Vehicle attracts 18% GST

Case Law Details

TaxGuru Citation
2023 taxguru.in 4546
Case Name
In re Chamundeswari Electricity Supply Corporation Limited (GST AAR Karnataka)
Date of Judgement/Order
Only available for paid members
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In re Chamundeswari Electricity Supply Corporation Limited (GST AAR Karnataka)

Battery charging service provided by public charging station attracts 18% GST

The AAR, Karnataka, in M/s. Chamundeswari Electricity Supply Corporation Ltd. [Advance Ruling No. KAR ADRG 24/2023 dated July 13, 2023] ruled that the activity of charging battery of electrical vehicle is ‘supply of service’ covered under SAC 998714 ‘Maintenance and repair services of transport machinery and equipment’ and attracts GST @18% as per Sl. no. 25(ii) of the Notification No.11/2017-Central Tax (Rate), dated 28-06-2017 (“the Rate Notification”).

Facts:

M/s. Chamundeswari Electricity Supply Corporation Ltd. (“the Applicant”) want to set up various Public Charging Stations (“PCS”) for charging electric vehicles. The Applicant would like to issue tax invoices and collects “Electric Vehicle Charging Fee” from the customers which includes two components i.e. energy charges and service charges.

The Applicant submitted that the sale of energy is exempt as per Sl. No. 104 of the Notification No.2/2017-Central Tax (Rate), dated 28-06-2017 (“the Goods Exemption Notification”) and distribution of electricity is also exempt as per Sl. No. 25 of the Rate Notification.

The Applicant filed an application before the AAR, Karnataka for seeking clarification regarding the charging of electrical vehicle battery.

Issue:

Whether the battery charging services provided by public charging station is exempt from GST?

Held:

The AAR, Karnataka, in Advance Ruling No. KAR ADRG 24/2023 held as under.

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Author Info

Bimal Jain
Name: Bimal Jain
Qualification: LL.B / Advocate
Company: A2Z Taxcorp LLP
Location: Delhi, Delhi
Articles Published: 2,901

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