Circular No.53/27/2018-GST
F.No.354/255/2018-TRU (Part-2)
Government of India
Ministry of Finance
Department of Revenue
(Tax Research Unit)
*****
North Block, New Delhi
Dated, 9th August, 2018
To
Principal Chief Commissioners/Principal Directors General,
Chief Commissioners/Directors General,
Principal Commissioners/Commissioners,
All under CBIC.
Madam/Sir,
Subject: Clarification regarding applicability of GST on the petroleum gases retained for
the manufacture of petrochemical and chemical products – regarding.
References have been received regarding the applicability of GST on the petroleum
gases retained for the manufacture of petrochemical and chemical products during the course
of continuous supply, such as Methyl Ethyl Ketone (MEK) feedstock, petroleum gases etc.
2.
In this context, it may be recalled that clarifications on similar issues for specific
products have already been issued vide circular Nos. 12/12/2017-GST dated 26th October, 2017
and 29/3/2018-GST dated 25th January, 2018. These circulars apply mutatis mutandis to other
cases involving same manner of supply as mentioned in these circulars. However, references
have again been received from some of the manufacturers of other petrochemical and chemical
products for issue of clarification on applicability of GST on petroleum gases, which are
supplied by oil refineries to them on a continuous basis through dedicated pipelines, while a
portion of the raw material is retained by these manufacturers (recipient of supply), and the
remaining quantity is returned to the oil refineries. In this regard, an issue has arisen as to
whether in this transaction GST would be leviable on the whole quantity of the principal raw
materials supplied by the oil refinery or on the net quantity retained by the manufacturers of
petrochemical and chemical products.
3.
The GST Council in its 28th meeting held on 21.7.2018 discussed this issue and
recommended for issuance of a general clarification for petroleum sector that in such
transactions, GST will be payable by the refinery on the value of net quantity of petroleum
gases retained for the manufacture of petrochemical and chemical products.
Circular No.53/27/2018-GST
4.
Accordingly, it is hereby clarified that, in the aforesaid cases, GST will be payable by
the refinery only on the net quantity of petroleum gases retained by the recipient manufacturer
for the manufacture of petrochemical and chemical products. Though, the refinery would be
liable to pay GST on such returned quantity of petroleum gases, when the same is supplied by
it to any other person. It is reiterated that this clarification would be applicable mutatis mutandis
on other cases involving supply of goods, where feed stock is retained by the recipient and
remaining residual material is returned back to the supplier. The net billing is done on the
amount retained by the recipient.
5.
This clarification is issued in the context of the Goods and Service Tax (GST) law only
and past issues, if any, will be dealt in accordance with the law prevailing at the material time.
Yours faithfully,
Dr. Ajay K. Chikara
Technical Officer (TRU)
