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Authority for Advance Ruling, Chhattisgarh: The Members comprising of Kalpana Tiwari, Joint Commissioner of State Tax and Rajesh Kumar Singh, Additional Commissioner of CGST and Central Excise, held that a supplier is required to charge GST upon service recipient on the total amount including cost of diesel provided by recipient company for transportation of its goods.

Applicant herein (supplier) had an agreement for transporting cement of a company named Shree Raipur Cement (service recipient). It was agreed that the diesel required for said transportation would be provided by the service recipient. The applicant sought clarification as to whether the supply of diesel by the service recipient would be included or excluded while charging GST on freight amount to be charged by the applicant.

The Authority noted that in the instant case, the service recipient, i.e., cement company was providing diesel to the vehicles used by the applicant for transporting cement/clinker in the course of business of cement by the service recipient. Diesel so provided by it to the applicant, was an important and integral component of this business process, without which the process of supply of cement could not be materialised.

It was opined that as per Sections 7(1) and 15(2)(b) of the Central Goods and Services Tax Act, 2017 which define ‘supply’ and ‘value of supply’ respectively, any amount that the supplier is liable to pay in respect of supply but which has been incurred by the recipient of supply and not included in the price actually paid or payable for the goods or services or both, is includible in value of supply of goods/ services.

Thus, the applicant was required to charge GST upon Shree Raipur Cement on the total amount including the cost of diesel, i.e., on the total freight amount inclusive of the cost of diesel so provided by the service recipient.[Advance Ruling No. STC/AAR/10 A/2018, In an application filed by M/s Shri Navodit Agarwal, Order dated 26-03-2019]

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Port of Spain, Trinidad: Judgment was delivered today by the Caribbean Court of Justice (CCJ) in the consolidated matters of Trinidad Cement Limited and Arawak Cement Limited vs. The State of Barbados, and Rock Hard Cement Ltd. v. State of Barbados and  Caribbean Community (CARICOM). The CCJ ruled that the regional tax payable on ‘other hydraulic cement’, imported by Rock Hard Cement from Portugal and Turkey, should be 5%. The case was in the CCJ’s Original Jurisdiction where the Court interprets the Revised Treaty of Chaguaramas.

In 2001, CARICOM’s Council for Trade and Economic Development (COTED) granted Barbados an exemption, in respect of the regional Common External Tariff (CET) of 0-5%, so that the State could apply taxes of 60% to categories of cement described as ‘other hydraulic cement’. The regional tariff is intended to offer goods produced and distributed in the region an advantage over imported ones. In 2015, Barbados decided to return to the CET and apply a 5% tax on the ‘other hydraulic cement’ imported by Rock Hard Cement Limited.

In its ruling, the Court decided that where COTED allowed a Member State to charge taxes higher than the regional tariff on the importation of good from outside the region, there was no need for the Member State to obtain approval from COTED to revert to the CET. However, in these circumstances, the Member State should give reasonable notice of its intention of returning to the regional tariff. The Court stated that this notice would ensure that regional businesses enjoy transparency, certainty, and predictability of tax structures. This was, according to the Court, “reflective of good administrative practices, preserved the sovereign autonomy of the Member State and ultimately enhanced the overall functioning of the CSME”.

The Court also found that the regional manufacturers of cement, who had brought the action against Barbados, had noticed for several years of the intention of Barbados to revert to the regional tariff and therefore could not succeed in their action.


Press Release dt. 17-04-2019

Caribbean Court of Justice