In what could come as urgent relief for oil companies, revenue authorities have allowed
refineriesNSE 0.00 % to pay
GST only on value addition done by job workers against on the total valuation.
Many oil refineries outsource some of the processes to job workers.
These refineries provide the raw
material to the job worker and a final
product is then delivered. There were concerns that the tax authorities
would impose GST on the total valuation of the final product against
value addition by the job worker.
The Kerala bench of Authority of Advance Ruling (AAR) on Friday ruled that the outsourced process be treated as job work.
“The controversy with respect to the scope of job work activities gets
settled to a very large extent by this pragmatic ruling, which has
clearly held that the activities done in this case for the refinery
would fall within the purview of job work,” said Abhishek A Rastogi,
partner, Khaitan and Co, which represented the oil refineries.
Petroleum
products are beyond the purview of GST. However, if oil companies had
to pay GST on the total valuation, they would have faced trouble passing
the cost on to the consumer, or taking credit for it would be tough.
People in the know point out that for most of the top oil companies, the
impact would have been anywhere between ₹500 crore and ₹4,000 crore.
“The ruling will have a great impact on the refineries and
thereby on the overall profitability of the refineries, which are
financially struggling due to various factors such as the price of crude
oil and the rising dollar,” said Rastogi.
Most of the refineries supply raw materials like raw water and
liquefied natural gas
to their job workers. After processing, the job workers, or companies
that do the job work, supply products like hydrogen, nitrogen and steam.
For the process, job workers charge some price.
While oil companies would still be required to pay GST on the jobs outsourced, the impact would not be as severe, say experts.