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2019 (11) TMI 40

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..... y involves supply of both goods and services and the value of such goods and services supplied are shown separately, the goods and services would be liable to tax at the rates as applicable to such goods and services separately. - KER/58/2019 - - - Dated:- 16-9-2019 - SHRI. B. G. KRISHNAN IRS SHRI. B.S. THYAGARAJABABU B.SC, LL.M MEMBER Authorized Representative: Mr. V.J. Cyrjoe, CA The applicant is engaged in the business of rendering repairing service of boats /vessels along with supply of spare parts and accessories, The applicant has entered into a Repair Rate Contract with customer, Naval Ship Repair Yard, Southern Naval Command, Indian Navy, Kochi, to provide service, viz,, repairing of boats as per the r .....

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..... y spare parts and accessories is a composite supply wherein the principal supply is supply of repair service and thereby attracts 18% GST. The matter was examined in detail The applicant is engaged in the business of rendering repairing service of boats / vessels along with supply of spares and accessories. They had entered into a contract with Naval Ship Repair Yard for repairing of boats as per the rate mentioned in Repair Rate Contract on the basis of which necessary spare parts and accessories are also to be supplied by the applicant. Whenever, there is a requirement for repair of the Volvo Penta Engine installed boats, the Naval Ship Yard raises a Repair Work Order wherein the details of spare parts / accessories to be supplie .....

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..... te contracts. The fall clause provides that if the rate contract holder reduces its price or sells or even offers to sell the rate contracted goods following conditions of sale similar to those of the rate contract, at a price lower than the rate contract price, to any person or organisation during the currency of the rate contract, the rate contract price will be automatically reduced with effect from that date for all the subsequent supplies under the rate contract and the rate contract amended accordingly. From the above it is evident that in the Repair Rate Contract entered by the applicant with the Naval Ship Yard; the supply of spares / accessories and repair service are distinct and separately identifiable supplies for which .....

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