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SGST AAAR

GST – Uttar Pradesh AAAR – Sections 2(52), 2(118) & 12(4) of CGST Act, 2017 - Taxability and Time of Supply of Vouchers, Time of Supply, Commission/Discount - Appellant is engaged in the business of selling and purchasing Gift Cards, Vouchers, and pre-paid Vouchers - The Authority for Advance Ruling ruled that the supply of the Vouchers by the Appellant is taxable at the rate of 18% GST and the time of supply shall be determined as per the provisions of the CGST Act - Whether the Vouchers supplied by the Appellant are goods or services and liable to GST – HELD - the Appellant is not the issuer of the voucher, but is the third party who buys and sells the vouchers - Appellant is merely a trader of Vouchers, which are not used to settle an obligation. These vouchers could be termed as “money” only when it is redeemed by the beneficiary at the time of purchase of goods and/or services. The settlement of the obligation occurs at the time when the ultimate beneficiary uses the voucher to purchase goods and /or services. Therefore, the voucher in the hands of the Appellant cannot be termed as “money” - the Vouchers supplied by the Appellant are goods under the definition of 'goods' provided in the CGST Act, 2017. The Vouchers have both a value and an ownership, which is transferred by the issuer to the Appellant and then to the ultimate beneficiary, and hence, they qualify as movable property and constitute 'goods' – The Supply of Gift cards/ Vouchers/ pre-paid Vouchers are taxable as supply of goods and the time of supply shall be decided as per Section 12(4) of the CGST Act, 2017 – the AAR Order is modified accordingly
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