IN RE: SEGOMA IMAGING TECHNOLOGIES INDIA PRIVATE LIMITED

IN RE: SEGOMA IMAGING TECHNOLOGIES INDIA PRIVATE LIMITED
GST
2018 (12) TMI 650 – AUTHORITY FOR ADVANCE RULING, MAHARASHTRA – 2019 (20) G. S. T. L. 611 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING, MAHARASHTRA – AAR
Dated:- 20-8-2018
GST-ARA-30/2018-19/B-92
GST
SHRI B.V. BORHADE, AND SHRI PANKAJ KUMAR, MEMBER
PROCEEDINGS
(Under section 98 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017)
The present application has been filed under section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as “the CGST Act and MGST Act”] by SEGOMA IMAGING TECHNOLOGIES INDIA PRIVATE LIMITED, the application seeking an advance ruling in respect of the following questions.
1. Whether the supply of photography service is liable to SGST under the Maharashtra Goods and Service Tax Act, 2017 (MGST Act, 2017) and CGST under Central Goods and Service Tax Act

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a Imagining Technologies India Pvt Ltd (hereinafter referred as Segoma India) is Indian private limited company set up under Indian Companies Act.
* Segoma India is 100% Subsidiary of Segoma Ltd (hereinafter referred as Segoma Israel) which is based in Israel.
* Segoma Israel is subsidiary of R2Net which is based in US. R2Net has agreement with customers for listing Diamonds online on website www.jamesallen.com.
* As per agreement between R2 Net and customers of R2Net, R2NET lists on the system only those diamonds that are photographed with R2Net's proprietary Diamond Display Technology. Customer agrees to send its diamonds and/or gemstones to be photographed in R2Net's photography centers on a regular basis.
* R2Net has appointed Segoma Israel for photography service. Intern, Segoma Israel has made agreement with Segoma India to do photography service.
* Customers of R2Net give diamond on returnable basis to Segoma India. Segoma Israel does not have role in receiving diamond

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of export of service
As per section 2(6) of IGST Act, “export of services” means the supply of any service when,
i. The supplier of service is located in India
ii. The recipient of service is located outside India
iii. The place of supply of service is outside India
iv. The payment for such service has been received by the supplier of service in convertible foreign exchange; and
V. The supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with explanation 1 in section 8 of IGST Act
1.3. Testing of conditions
* Condition 1: Based on above facts, Segoma India is located in India.
* Condition 2: Segoma Israel is located outside India.
* Condition 3: Based on above facts, diamonds are physically required to do photography service.
Section of IGST Act, states that the place of supply of service supplied in respect of goods which are required to be made physically available by the recipient of services to th

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tible foreign exchange.
* Condition 5: as per section 2(6)(v) of IGST Act, The supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with explanation 1 in section 8.
Explanation 1 of section 8 of IGST Act, which is as follow:
* Where a person has an establishment in India and any other establishment outside India then such establishments shall be treated as establishment of distinct persons.
* A person carrying on a business through a branch or an agency or a representational office in any territory shall be treated as having an establishment in that territory.
Based on above facts, Segoma India is established under India company Act and it is not branch, agency or representational office of Segoma Isreal. So Segoma India is distinct person for section of 2(6)(v) of IGST Act and not covered under explanation 1 of section 8 of IGST Act.
1.4 Conclusion on Condition of export
If all following conditions are satisfied t

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pply of photography service is liable to SGST under the Maharashtra Goods and Service Tax Act, 2017 (MGST Act, 2017) and CGST under Central Goods and Service Tax Act, 2017 (CGST Act) or IGST under Integrated Goods and Service Tax Act, 2017 (IGST Act, 2017)
4. Or is it a zero rated “export” supply within the meaning of Section 2(23) r/w Section 2(6) Of the IGST Act, 2017?
Point 15 Statement of relevant facts having a bearing on questions raised
* Segoma Imaging Technologies India Pvt. Ltd (hereinafter referred as Segoma India) is an Indian private limited company set up under Indian Companies Act.
* Segoma India is 100% Subsidiary of Segoma Ltd (hereinafter referred as Segoma Israel) which is based in Israel.
* Segoma Israel is subsidiary of R2Net which is based in US
* R2Net has appointed Segoma Israel for photography service. For all over the world, Segoma Israel has made agreement with Segoma India to do photography service in India. Segoma India provides Diamond Photograp

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India does not give copy of photos to vendors of R2Net and does not charge any fees to vendors of R2Net. Segoma Israel does not have role in receiving diamond.
* Segoma India charges Segoma Israel for providing above service of photography on cost plus 15% mark up on principal to principal basis. Segoma Israel is having its server in Israel. Segoma Israel makes payment in convertible foreign exchange to Segoma India.
* Segoma Israel does processing on the images clicked by Segoma India. Technically, Segoma Israel reworks on the photos clicked by Segoma India by compressing 500MB heavy size images to a single Image. Segoma Israel further processes and makes the image more compatible. R2Net further processes the images after receiving from Segoma Israel.
Point 16 Statement containing the applicant's interpretation of law and/or facts, as the case may be, in respect of the aforesaid questions (i.e. applicant's view point and submission on issues on which the advance ruling is sought

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ition 3: Based on above facts, diamonds are physically required to do photography service. Section 13(3)(a) of IGST Act, states that the place of supply of service supplied in respect of goods which are required to be made physically available by the recipient of services to the supplier of services in order to provide the service shall be the location where the services are actually performed.
Segoma India performs photography service in India. However, diamonds are not owned by Segoma Israel. As per section of IGST Act recipient of services should make available physically goods to service provider. However, in above transaction of photography, diamonds are made available by third party. Segoma Israel does not have role in receiving diamond. Segoma India issues memo of receipt of diamonds to vendors of R2Net. Accordingly, section 13(3)(a) of IGST Act should not be applied in above transaction.
Then as per section 13(2) of IGST Act, the place of supply of services except the service

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t is not branch, agency or representational office of Segoma Israel. So Segoma India is distinct person for section 2(6)(v) of IGST Act and not covered under explanation 1 of section 8 of IGST Act.
Diagrammatic Presentation
Analysis for services provided not falling under 13(3)(a)
The place of supply of services where the Supplier or Recipient located Outside India is determined by section 13 of IGST Act.
The provisions of this section shall apply to determine the place of supply of services where the location of the supplier of services or the location of the recipient of services is outside India.
The place of supply of services except the services specified in sub-sections (3) to (13) shall be the location of the recipient of services:
Provided that where the location of the recipient of services is not available in the ordinary course of business, the place of supply shall be the location of the supplier of services.
3) The place of supply of the following services shall b

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cipient of services to the supplier of services (or his agent) in order to provide the services.
The Diamond Vendors who are the owners of the diamonds make them available through delivery challan to Segoma India for photographs which is on Principal to Principal basis and not as an agent of R2net.
R2Net enters into agreement with diamond vendors in India and as per the clause 2.4 between R2Net and diamond vendors as below:
“R2NET lists on the System only those diamonds that are photographed with its proprietary Diamond Display Technology-Segoma. Vendor agrees to send its diamonds and/or gemstones to be photographed in R2Net's or Segoma photography centres on a regular basis”. Segoma has no relation with diamond vendors or R2Net it only provides photography services to Segoma Israel as per agreement with Segoma Israel.
Photography of Diamonds is a service in respect of goods which are required to be made physically available by recipient of service (directly to Segoma Israel).
Sec

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make available physically goods to service provider. In service of photography, diamonds are made available by vendors in India and payment is made by Segoma Israel who does not have role in receiving diamond. Segoma India receives goods on delivery challan and issues memo receipt for photography to the vendors which is returned after photography to vendor. Accordingly, section 13(3)(a) of IGST Act cannot be applied in above transaction.
Segoma India is not agent of R2Net
As per Section 2(13) of IGST Act, 2017
“intermediary” means a broker, an agent or any other person, by whatever name called, who arranges or facilitates the supply of goods or services or both, or securities, between two or more persons, but does not include a person who supplies such goods or services or both or securities on his own account;
As per above definition “Intermediary” does not include a person who supplies the goods or services on his own account.
Segoma India provides photography services to Seg

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to its parent company. The Applicant Was not all concerned about the services provided by GoDaddy US directly to their Indian Customers, which related to domain name registration, transfer services, web hosting services, designing services etc. In this case, applicant was not in receipt of any remuneration/consideration from the Indian Customers of GoDaddy US. Applicant was to only receive a fee from GoDaddy US, being the operating cost incurred by the applicant plus mark up of 13% on such costs. It was noticed that applicant was to receive the said fees from GoDaddy US, even in respect of Indian Customers, who directly remitted the service charges to GoDaddy US through International Credit Card, wherein applicant is not in the picture. This fact further shows that the applicant is not providing any service to Indian Customers and hence could not be said to be an intermediary for the purpose of POPS rules.
Reimbursements of salary and other emoluments of employees under deputation c

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nsofar as the social security interests are concerned, will be taken care of by NAC, US. It is trite that he does not get the salary from NAC, US when he is offering services to NAC, India in that behalf, the benefits are mutually exclusive, at least so far as, they are concerned with the salary. The only obligation on NAC US is regarding the social securities which are not reimbursed by NAC, India to NAC US – merely because the social security of Mr. Sloan while he is in India is being taken care of by the NAC, US. The service of the individual with NAC, India cannot be viewed otherwise in view of the clear language of the provisions f law. There shall be no liability to pay service tax on the salary and the allowances payable by the applicant to the employee in terms of the dual employment agreement and such salary will not be eligible to levy the service tax as per the provisions of the Finance Act.
Customer support and payment processing services provided by the service provider

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ds this, the applicant proposes to open a separate bank account in India wherein the payment collection gateway company appointed by the applicant will deposit the money so collected from the customers of WWD US. The applicant would charge a fee equal to the operating costs incurred by the applicant plus a mark-up of 13% on such costs. The applicant is not authorized to enter into any contract or arrangement on US or which bind it in any manner whatsoever. WWD US will directly contact and provide services to customers in India. The Advance Ruling Authority held that from the facts, the applicant would not be receiving any fees in respect of processing the payments of the customer remitted directly through the payment gateway. Since the service is being provided on own account, the service is not covered by Rule 9 (intermediary services) but covered under Rule 3 of the POPS rules, 2012. The Advance Ruling Authority relying on the CBEC Education Guide dated 20th June 2012 issued by Minis

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transaction is taxable under GST Acts or not.
I wish to submit few points before Authority in relation to submission by dealer.
A. Under heading “Question of Law”, the dealer has sought ruling from Authority that whether Transactions summarized in “Brief Facts” fall under Export of Services under Section 2(6), attracting Zero rated Tax under Section 16(1)(a) of IGST Act 2017.
Section 2(6) of IGST Act states
(6) “export of services” means the supply of any service when
i) the supplier of service is located in India;
(ii) the recipient of service is located outside India;
(iii) the place of supply of service is outside India;
(iv) the payment for such service has been received by the supplier of service in convertible foreign exchange; and
(v) the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with Explanation 1 in section 8.
* As per Section 97(2) of CGST MGST Act 2017, The question on which the advance

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nd vii, dealer has quoted that -“legislature is presumed to have made no mistakes and legislature intends to say, what it has said.”
B. Without prejudice to above, I would like to attract your attention to following provisions of Section 13 (3) of IGST Act which says:
The place of supply of the following services shall be the location where the services are actually performed, namely:-
(a) services supplied in respect of goods which are required to be made physically available by the recipient of services to the supplier of services, or to a person acting on behalf of the supplier of services in order to provide the services:
Provided that when such services are provided from a remote location by way of electronic means, the place of supply shall be the location where goods are situated at the time of supply of services:
Provided further that nothing contained in this clause shall apply in the case of services supplied in respect of goods which are temporarily imported into India

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of Services and hence fall under Section 13(3) (a) of IGST Act 2017.
D. Dealer has claimed to be a distinct person and out of ambit of Explanation 1 of Section 8 of IGST Act. The very section says:
Explanation 1.-For the purposes of this Act, where person has,
(i) an establishment in India and any other establishment outside India;
(ii) an establishment in a State or Union territory and any other establishment outside that State or Union territory; or
(iii) an establishment in a state or Union territory and any other establishment being a business vertical registered within that State or Union territory, then such establishments shall be treated as establishments of distinct persons.
As per agreement copy submitted by dealer, M/s. Segoma India is Service provider, wholly owned subsidiary of Service recipient. M/s. Segoma Limited and Segoma India are “fixed establishment” as per section 2(7) of IGST Act 2017. Thus it does not satisfy the condition V of Section 2(6) IGST Act 20

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ma. Vendor agrees to send its diamonds and/or gemstones to be photographed in R2Nets's or Segoma photography centers on a regular basis.”
Whereas the point 2.4 of the operating policy is quoted incomplete by Learned Deputy Commissioner of State Tax (E-907 as follows:
“R2NET lists on the system only those diamonds that are photographed with its proprietary Diamond Display Technology- Segoma.”
We would like to invite the attention of your Honor that there are two distinct persons, one is R2Net's proprietary Diamond Display Technology having presence at New York and other Segoma photography centers having presence all over world. Hence, it is aptly clear that it is at the option of the vendors where to send the diamonds for photography. The diamonds are made available by vendors of R2Net in India and not by any means by the R2Net. Segoma India provides service to Segoma Israel and hence Segoma Israel is the recipient and not R2Net.
As per section 13(3)(a) of the IGST Act, 2017
The pl

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ered by section 13(3)(a) and transaction qualifies as export of services.
2. Learned Deputy Commissioner of State Tax (E-907) believes that Segoma India does not satisfy the condition V of Section 2(6) of IGST Act, 2017 i.e. conditions to qualify as export of services.
We therefore would like to submit to your Honor that as per section 2(6)(v) of IGST Act,
“the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with explanation 1 in section 8”
Explanation 1 of section 8 of IGST Act, which is as follows:
* Where a person has an establishment in India and any other establishment outside India then such establishments shall be treated as establishment of distinct persons.
* A person carrying on a business through a branch or an agency or a representational office in any territory shall be treated as having an establishment in that territory. Based on above facts, Segoma India is established under Indian companies Act

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of service in convertible foreign exchange; and
(v) the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with Explanation 1 in section 8;
The condition here stated is that payment received by the supplier of service should be in convertible foreign exchange. The said condition is correctly satisfied. The sample FIRC and invoices are submitted in the earlier submission on 31st July 2018.
According to the above analysis it may be concluded that Segoma India is providing services to Segoma Israel. Segoma Israel is the recipient of the services. The place of supply of services shall be the location of the recipient of service i.e. Israel and hence qualifies as export of services.
04. HEARING
The case was taken up for Preliminary hearing on dt. 03.072018 with respect to admission or rejection of present application when Sh. Pathik Shah, C.A. alongwith Sh. Mukhtar Shaikh, Asstt. Manager appeared and made contentions for

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e we deal with the issue it is necessary first to understand the relationship between the parties and the nature of transaction. Applicant (in short Segoma India) is accompany set up under Indian Companies Act. Applicant is 100% subsidiary of Segoma Ltd (in short Segoma Israel) which is based in Israel. Segoma Israel is also subsidiary of R2Net based in USA, (in short R2Net). The transaction in question follows following sequence. As per the agreement between R2Net and its customer, R2Net lists on the system only those diamonds that are photographed with R2 Nets Display Technology. For the purpose of photography service R2Net has appointed Segoma Israel who in turn made agreement with Segoma India to do photography service. As per the terms of agreement customers of R2Net send their diamonds and or gem stones to be photographed to Segoma India who issues memo of receipt of diamonds to customers of R2Net. At last Segoma India takes photos of diamond and upload photos of diamond on softw

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hin the meaning of section of 16 of the IGST Act. A supply of service must satisfy simultaneously all conditions of section 2(6) of the IGST Act to be considered as export of service, which are reproduced as below:-
Section 2(6) “export of services” means the supply of any service when,
(i) the supplier of service is located in India;
(ii) the recipient of service is located outside India;
(iii) the place of supply of service is outside India;
(iv) the payment for such service has been received by the supplier of service in convertible foreign exchange; and
(v) the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with Explanation 1 in section 8;”
There is no doubt that the supply of service in the present case satisfies conditions at (i) and (ii) of Section 2(6) of the IGST Act. However as stated above, to qualify as an 'export of services' all the conditions must be satisfied simultaneously and therefore we n

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ct ourselves to the provisions Of subsection (3) of section 13 of the IGST Act which is as under:
Section 13(3) The place of supply of the following services shall be the location where the services are actually performed, namely: –
(a) services supplied in respect of goods which are required to be made physically available by the recipient of services to the supplier of services, or to a person acting on behalf of the supplier of services in order to provide the services:
Provided that when such services are provided from a remote location by way of electronic means, the place of supply shall be the location where goods are situated at the time of supply of services:
Provided further that nothing contained in this clause shall apply in the case of services supplied in respect of goods which are temporarily imported into India for repairs and are exported after repairs without being put to any other use in India, than that which is required for such repairs;
(b) services suppl

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wned or made available only by the recipient of services. This line of argument in this respect is hard to accept and is not tenable. However from the plain reading of subsection (a) of subsection 3 of Section 13 of the IGST Act, we do not agree with the contention of the applicant that the goods that are required for rendering service by the supplier must be owned or made available only by the recipient of services. As per above clause, recipient of service who want to avail services has to make goods physically available on direct or indirect directions to the service provider and it does not matter who owned the goods. Accepting the proposition of law and its interpretation as made by the applicant, would clearly amount to addition of words which are absent in the provisions.
In our view where words of the statute are clear, plain and unambiguous then it must be given their ordinary meaning.
It is the cordial rule of interpretation that where the language used by the legislature i

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y provisions. Wherever the language is clear the intention of the legislature is to be gathered from the language used. While doing so what has been said in the statute as also what has not been said has to be noted. The construction which requires for its support addition or substitution of words or which results in rejection of words has to be avoided.”
Keeping in mind this proposition we are of the view that there is no need that the goods physically required for rendering services must be owned by the recipient of the services, on the other hand it is sufficient for the recipient to make them physically available to the service provider for rendering services.
Thus in this case the event of photography services pertaining to diamonds made physically available by the recipient of services to the provider of services is over and the service is clearly provided in India where the services are actually performed.
The next condition to be satisfied is that the payment for services in

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supplier of service and recipient of service should be separate legal person and not mere an establishment of distinct person, In the present case, it is observed that R2Net which is based in USA and Segoma Israel is its subsidiary. Further Segoma India is a subsidiary of Segoma Israel. So also we find that as per agreement between R2Net and their customer, R2Net lists on the system only those diamonds that are photographed with its proprietary Diamond Display Technology – Segoma. Thus applicant does not have liberty to photograph and upload images except those finalized by R2Net. In view of this it appears that applicant IS carrying on business in Indian territory as a representational office of Segoma Israel and thus is covered by Explanation 1 of Section 8 of the IGST Act. Applicant's submission in this regard is that they are established under the Indian Companies Act having separate PAN number and therefore it is not a branch, agency or representational office of Segoma Israel. Ho

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In Re: M/s. Signature International Foods India Private Limited

In Re: M/s. Signature International Foods India Private Limited
GST
2018 (12) TMI 892 – AUTHORITY FOR ADVANCE RULING, MAHARASHTRA – 2019 (20) G. S. T. L. 640 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING, MAHARASHTRA – AAR
Dated:- 20-8-2018
GST-ARA-26/2018-19/B-91
GST
SHRI B.V. BORHADE, AND SHRI PANKAJ KUMAR, MEMBER
PROCEEDINGS
(Under section 98 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017)
The present application has been filed under section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as “the CGST Act and MGST Act”] by Signature International Foods India Private Limited, the applicant, seeking an advance ruling in respect of the following questions.
1. “Whether on facts and circumstances of the case, the Unleavened Flatbreads be treated as 'Khakra, plain chapatti or roti under Entry No. 99A of Schedule / of Notification

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r infants or young children, put up for retail sale and mixes and doughs for the preparation of bakers' wares of heading 1905]on a totally defatted basis not elsewhere specified or included (other than preparations for infants or young children, put up for retail sale and mixes and doughs for the preparation of bakers' wares of heading 1905) under Entry No, 13 of Schedule III of Rate Notification or
(iii) Any other Schedule Entry as per Rate Notification or Exemption Notification as your good office thinks fit.
2. “Whether on facts and circumstances of the case, the Leavened Flatbreads be treated as 'as 'bread' as mentioned under Entry No. 97 of Exemption Notifications
If not, whether on facts and circumstances of the case, the Leavened Flatbreads be classified:
(i) Pizza Bread as mentioned under Entry No. 99 of Schedule of Rate Notifications; or
(ii) as Malt extract, food preparations of flour, groats, meal, starch or malt extract not containing coca or containing less than 40

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t, food preparations of flour, groats, meal, starch or malt extract not containing coca or containing less than 40% by weight of coca calculated on a totally defatted basis, not elsewhere specified or included (other than preparations for infants or young children, put up for retail sale and mixes and doughs for the preparation of bakers' wares of heading 1905]on a totally defatted basis not elsewhere specified or included (other than preparations for infants or young children, put up for retail sale and mixes and doughs for the preparation of bakers' wares of heading 1905)” under Entry No. 13 of Schedule III of Rate Notification; or
(ii) Any other Schedule Entry as per Rate Notification or Exemption Notification as your good office thinks fit
4. “Whether on facts and circumstances of the case, Pancakes supplied be treated as All Goods i.e. Waffles and wafers other than coated with chocolate or containing chocolate; biscuits; Pastries and cakes (other than pizza bread, khakhra, plai

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eference to the same provision under the MGST Act. Further to the earlier, henceforth for the purposes of this Advance Ruling, a reference to such a similar provision under the CGST Act / MGST Act would be mentioned as being under the “GST Act”
FACTS AND CONTENTION – AS PER THE APPLICANT
The submissions, as reproduced verbatim, could be seen thus-
Statement of the relevant facts having a bearing on the aforesaid question/(s)
The relevant facts of the case are as follows
1. Background of operations
1.1. The Applicant, a private limited company incorporated under the provisions of Companies Act, 1956 holding the CST registration number ('GSTIN') 27AACCH2133E123 with effect from 01 July 2017, is located at A/2, Plot No. 245, Shree Samarth Sahkari Audhyogik Vasahat, Mukhed Road, Pimpalgaon Baswant, Taluka Niphad, Nashik, Maharashtra.
1.2. The company is engaged in the business of, inter alia, manufacturing, trading and exporting bakery products which includes flatbreads.
1.3. The p

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gar, baking powder, wheat gluten etc. The bakery process can be defined as a succession of steps that ensure the proper transformation of basic ingredients into unleavened breads. The baking processes the Applicant uses follow the same basic steps as traditional baking processes used for thousands of years.
1.7. The products are manufactured by the Applicant using various ingredients including atta, maida, water, palmolein oil, salt, sugar, baking powder, wheat gluten etc. Upon raw material intake, the ingredients go through various processes including mixing, proofing, dough dividing, baking and cooling. After the cooling process, the bread is packed, the packet is labelled and subsequently stored and transported at -18 Degree Celsius temperature or transported ambient. We have attached herewith the manufacturing process flow as Exhibit 1.
Leavened Flatbread information ('Bread Products')
1.8. The Applicant has been engaged in manufacturing and supplying leavened flatbreads includi

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maida, tandoori attar atta, water, rice flour, oil, yeast, salt, sugar etc. Upon raw material intake, the ingredients go through various processes including mixing, proofing, dough dividing, baking and cooling, After the cooling process, the leavened bread is packed, the packet is labelled and subsequently stored and transported at -18 Degree Celsius temperature or transported ambient.
We have attached herewith the manufacturing process flow as Exhibit 1.
Wafer's information
1.12. The Applicant also manufactures and supplies Corn Chips, Corn Taco and Corn Taco Strips to its customers and distributors. It uses masa flour and water as the principal ingredients while manufacturing these products.
1.13. The products are manufactured by the Applicant using various ingredients including masa flour, water, small quantities of cellulose gum, citric acid, guar gum etc. upon raw material intake, the ingredients go through various processes including mixing, dough dividing, baking and cooling

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ted at – 18 Degree Celsius temperature. These products are similar to cakes included in entry number 16 of Schedule III to the Rate Notifications.
We have attached herewith the manufacturing process flow as Exhibit 1.
Pizza bread information
1.17. The Applicant manufactures and supplies Pizza bread which is also called Pizza base. The products are manufactured by the Applicant using various ingredients including flour, water, sugar, salt, baking powder, yeast, oil etc. Upon raw material intake, the ingredients go through various processes including mixing, proofing, dough dividing, baking and cooling. After the cooling process, the pizza bread is packed and labelled and subsequently stored and transported at- 18 Degree Celsius temperature.
We have attached herewith the manufacturing process flow as Exhibit I.
Questions before AAR
2.1. The Applicant has approached the Hon'ble authority to determine the classification of
* Unleavened Flatbreads such as Plain Chapatti, Tortilla, T

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containing chocolate, papad, bread]
 
Pancake
Entry No. 16 of Schedule III
All goods i.e. Waffles and wafers other than coated with chocolate or containing chocolate; biscuits; Pastries and cakes (other than pizza bread, khakhra, plain chapatti or roti, Waffles and wafers coated with chocolate or containing chocolate, papad, bread]
 
Pizza Bread
Entry No. 99 of Schedule I
Pizza Bread
2. 3. The Applicant, being desirous of ascertaining the classification of the bakery products supplied, wishes to submit this application before the Hon'ble Authority of Advance Ruling.
2.4. The Applicant reserves the right to submit such further facts at or before the hearing of the application as may be relevant.
Statement containing the Applicant's interpretation of classification in respect of the aforementioned question/(s) (refer Form ARA-01)
The Applicant prefers to present the application before this Hon'ble Authority on the following, among other grounds, each of which is ta

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'Exemption Notifications'); or
(ii) as Malt extract, food preparations of flour, groats, meal, starch or malt extract not containing coca or containing less than 40% by weight of coca calculated on a totally defatted basis, not elsewhere specified or included (other than preparations for infants or young children, put up for retail sale and mixes and doughs for the preparation of bakers' wares of heading 1905] on a totally defatted basis not elsewhere specified or included (other than preparations for infants or young children, put up for retail sale and mixes and doughs for the preparation of bakers' wares of heading 1905) under Entry No. 13 of Schedule III of Rate Notification or
(iii) Any other Schedule Entry as per Rate Notification or Exemption Notification as your good office thinks fit.
Applicant's facts and interpretation of law
1.1. The Department of Revenue, Ministry of Finance, has issued a notification number 01/2017-CentraI Tax (Rate) dated 28 June 2017 providing ta

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first schedule to the Customs Tariff Act, 1975 (51 of 1975).
Reference to Customs Tariff Act, 1975 (51 of 1975)
1.3. It is now pertinent to understand the clarification provided under the Customs Tariff Act, 1975 with respect to Heading 1905. The relevant entry is attached herewith as Exhibit 2. The said chapter 19 does not provide any clarification with respect to these terms in form of chapter notes, heading notes. Thus, the said term 'Kharkhra, Plain Chapatti or Roti' would need to be understood as known in common parlance.
Meaning of the term 'Khakhra, Plain Chapatti or Roti'
1.4. Given the fact that the terminology 'Khakhra, Plain Chapatti or Roti' are region specific terms, the dictionary meaning of the same is not available. Thus, we would need to refer to Wikipedial to understand the meaning of the same.
(i) Khakhra:
'a thin cracker, made from mat bean, wheat flour and oil'.
(ii) Plain Chapatti: 'an unleavened flatbread, made from whole of flour known as atta salt and w

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unleavened flatbreads the Applicant produces.
1.7. In the light of the above discussion, we wish to mention that the ingredients used and the processes followed while manufacturing the unleavened flatbreads and Plain Chapatti or Roti are similar. Thus, the Applicant is of the belief that the range of unleavened flatbreads should to be classified under Entry No. 99A of Schedule of Rate Notification as 'Khakra, Plain Chapatti or Roti' and be leviable to GST accordingly.
Common and Commercial Parlance Theory
1.8. Without prejudice to the above submission, the applicant wishes to submit that it is a settled position under common law that in the absence of a statutory definition, a word is to be interpreted by understanding its meaning under the common parlance. This position has been upheld by the Hon'ble Supreme Court in the case of M/s. United Offset Process Pvt. Ltd. V ACC, Bombay & Ors. (1989 Supp.(1) SCC 131] = 1988 (10) TMI 39 – SUPREME COURT OF INDIA. The Apex Court commented:
I

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* No meaning has been attributed in the statute
* There is an open market for such goods
The above position has been succinctly encapsulated by the Hon'ble Bombay High Court in the case of Pharm Aromatic Chemicals v MCGM (1997 (95) ELT 203 Bom) = 1994 (2) TMI 320 – BOMBAY HIGH COURT. The Bombay High Court commented:
Various principles or tests have been evolved by the Supreme Court from time to time for interpretation of items of taxable goods. One of the well-known principles of interpretation is that words of everyday use must be construed not in the scientific or technical sense but as understood in the common parlance
1.10. Another test akin to the common parlance test is the “commercial parlance test”. According to this test, items in taxing statutes should be judged and analysed on the basis of how these expressions are used in the trade or industry or in the market or, in other words how these are dealt with by the people who deal in them. Though the common parlance or com

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tionally in different countries as Tortilla, Tortilla Wraps, Wraps, Roti Rolls, Roti, Chapatti, Paratha and Paratha Wraps.
1.13. Basis the above, we wish to further submit that the Applicant has been receiving various order for the above mentioned food items referred to it as Chapatti, Tortilla etc. We wish to further submit that these unleavened flatbreads are generally being used in different regions across the country. Thus, the commercial name for these unleavened flatbreads may vary depending upon the region where the supply is intended. However, we have attached herewith the purchase orders raised by various customers depicting the name usually followed in the industry as Exhibit
1.14. On the basis of the above discussion, it is humbly submitted that the above mentioned unleavened flatbreads manufactured and supplied by the Applicant are either known as Plain Chapatti or Roti' in commercial parlance as well. Thus, the same should be leviable to GST accordingly
End-user test
1

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plain chapatti, roti or variants of these type of unleavened flatbreads as the staple underlying carrier in one's meal. It is usually accompanied by protein or vegetables and sauce.
1.17. In the light of above mentioned discussion and given the fact that the Applicant uses similar ingredients and processes as those used for manufacturing Chapatti or Roti, the Applicant strongly believes that the range of unleavened flatbreads manufactured and supplied by them should be classified as 'Plain Chapatti or Roti' and should accordingly be levied to GST.
1.18. Without prejudice to the above mentioned submission, in case the unleavened flatbreads manufactured by the Applicant does not qualify as 'Plain Chapatti or Roti' within the meaning of Rate Notification, we request your good office to provide ruling on its possible alternate classification under below mentioned entry considering the facts and circumstances of the case.
(i) Entry No. 97 of Exemption Notification, which stands for Brea

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vened Flatbreads be treated as 'as bread' as mentioned under Entry No. 97 of Exemption Notifications If not, whether on facts and circumstances of the case, the Leavened Flatbreads be classified:
(i) Pizza Bread as mentioned under Entry No. 99 of Schedule / of Rate Notifications; or
(ii) as Malt extract, food preparations of flour, groats, meal, starch or malt extract not containing coca or containing less than 40% by weight of coca calculated on a totally defatted basis, not elsewhere specified or included (other than preparations for infants or young children, put up for retail sale and mixes and doughs for the preparation of bakers' wares of heading 1905]on a totally defatted basis not elsewhere specified or included (other than preparations for infants or young children, put up for retail sale and mixes and doughs for the preparation of bakers' wares of heading 1905) under Entry No. 13 of Schedule III of Rate Notification or
(iii) Any other Schedule Entry as per Rate Notific

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that the tariff item, subheading, heading and chapter shall mean respectively a tariff item, sub-heading, heading and chapter as specified in the first schedule to the Customs Tariff Act, 1975 (51 of 1975).
Reference to Customs Tariff Act, 1975 (51 of 1975)
It is now pertinent to understand the clarification provided under the Customs Tariff Act, 1975 with respect to Heading 1905. The relevant entry is attached herewith as Exhibit 2. The said chapter 19 does not provide any clarification with respect to these terms in form of chapter notes, heading notes. Thus, the said term 'leavened bread would need to be understood as known in common parlance.
Dictionary meaning of the term 'bread'
2.4. The Webster Dictionary has defined the term 'bread' as a usually baked and leavened food made of a mixture whose basic constituent is flour or meal. The definition basically consists of two parts, one process of making bread ie. Baked and leavened and other is ingredient used while manufacturing

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during manufacturing process for each of the leavened flatbreads.
2.7. In the light of the above discussion, we wish to mention that the ingredients used and the processes followed while manufacturing the leavened flatbreads and bread are similar. Thus, the Applicant is of the belief that the range of leavened flatbreads should to be classified as 'bread' and be exempted from GST.
Common and Commercial Parlance Theory
2.8. Without prejudice to above submission, the applicant wishes to submit that it is a settled position under common law that in the absence of a statutory definition, a word is to be interpreted by understanding its meaning under the common parlance. This position has been upheld by the Hon'ble Supreme Court in the case of M/s. United Offset Process Pvt. Ltd. V ACC, Bombay & Ors. (1989 Supp.(1) SCC 131] = 1988 (10) TMI 39 – SUPREME COURT OF INDIA. The Apex Court commented:
If there is no meaning attributed to the expressions used in the particular enacted statute t

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e above position has been succinctly encapsulated by the Hon'ble Bombay High Court in the case of Pharm Aromatic Chemicals v MCGM (1997 (95) ELT 203 Bom) = 1994 (2) TMI 320 – BOMBAY HIGH COURT. The Bombay High Court commented'.
Various principles or tests have been evolved by the Supreme Court from time to time for interpretation of items of taxable goods. One of the well-known principles of interpretation is that words of everyday use must be construed not in the scientific or technical sense but as understood in the common parlance
2.10. Another test akin to the common parlance test is the “commercial parlance test”. According to this test, items in taxing statutes should be judged and analysed on the basis of how these expressions are used in the trade or industry or in the market or, in other words how these are dealt with by the people who deal in them. Though the common parlance or commercial parlance tests are the generally accepted tests, various other tests have been evolved

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lded Leavened Flatbread.
2.13. Basis the above, we wish to further submit that the Applicant has been receiving various order for the above mentioned food items referred to it as Naan, Kulcha, etc. We wish to further submit that these leavened flatbreads are generally being used in various regions across the country and are regularly referred to it as bread. Thus, the commercial name for these leavened flatbreads may vary depending upon region where the supply is intended.
2.14. On the basis of the above discussion, it is humbly submitted that the above mentioned food items manufactured and supplied by the Applicant are known as 'bread' in commercial parlance as well. Thus, the same should be exempted from GST.
Leavened flatbreads not served for consumption
2.15. The Schedule Entry No. 97 of Exemption Notification refer to the breads (branded or otherwise) except when served for consumption. Further, the meaning of the word “served for consumption” is not defined anywhere including

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restaurant including any eating house, hotel, refreshment room or boarding establishment or any part thereof which is large or in any club or by a caterer or when sold under a registered trade mark”
C-11-15:” Food and the alcoholic drinks 'served for consumption' in any eating house, restaurant, hotel refreshment room or boarding establishment or any part thereof having gradation of the four Star any above or supply by such eating house, restaurant, hotel, refreshment room or boarding establishment”
Given the above, the tribunal held that exemption of sales tax on the sale of bread is subject to the condition that it will be tax free except when it is served for consumption in public restaurant including eating house, hotel, refreshment room etc. The Tribunal stated that as bread is sold from the shop as counter sale there is no service of bread for consumption in Five Star Hotel or in any part thereof. Hence it is covered by schedule entry A-4 and not by schedule entry C-14-15.
2.

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f Rate Notification, which stands for Malt extract, food preparations of flour, groats, meal, starch or malt extract not containing coca or containing less than 40% by weight of coca calculated on a totally defatted basis, not elsewhere specified or included (other than preparations for infants or young children, put up for retail sale and mixes and doughs for the preparation of bakers' wares of heading 1905]on a totally defatted basis not elsewhere specified or included (other than preparations for infants or young children, put up for retail sale and mixes and doughs for the preparation of bakers' wares of heading 1905); or
(iii) Any other Schedule Entry as per Rate Notification or Exemption Notification as your good office thinks fit.
Applicants interpretation of facts or law with regards to Question No. 3
“Whether on facts and circumstances of the case, Corn Chips, Corn Taco and Corn Taco Strips supplied be treated as Wafers under Entry No. 16 of Schedule III of Rate Notificatio

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Revenue, Ministry of Finance, has issued a notification number 01/2017-Central Tax (Rate) dated 28 June 2017 providing exemptions on intra-state supplies of goods, the description of which is specified in the schedule appended to the said notification from the whole of the central tax leviable thereon under the section 9 of Central Goods and Service Tax Act, 2017 (12 of 2017). Similar notifications have been issued under Integrated Goods and Service Tax Act, 2017 and Maharashtra Goods and Service Tax Act, 2017.
3.2 The Schedule Entry No. 16 of Schedule III of the Rate Notifications refers to 'All goods ie. Waffles and wafers other than coated with chocolate or containing chocolate falling under Chapter 1905 32 90 (i.e. not containing chocolate). The said notification does not define the term 'wafer'. However, it is mentioned that the tariff item, sub-heading, heading and chapter shall mean respectively a tariff item, sub-heading, heading and chapter as specified in the first schedule

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mixing, dough dividing, baking and cooling. After the cooling process, the products are packed and labelled and subsequently stored and transported at -18 Degree Celsius temperature.
3.5 In case of supply of Corn Chips, Corn Taco and Corn Taco Strips, we wish to bring to your kind attention that the process of making such products involves both baking as well as the use of masa flour, water, small quantities of cellulose gum, citric acid, guar gum etc. Further, customers in the foodservice channel and, in some cases, the end consumer fry the products which makes them cripsy similar to products such as wafers, i.e. a thin crisp cracker.
3.6 Hence, it can be concluded that Corn Chips, Corn Taco and Corn Taco Strips are classifiable under entry number 16 of Schedule III of the Rate Notification.
Common and Commercial Parlance Theory
3.7 Without prejudice to above submission, we wish to reiterate our submission with respect to common and commercial parlance theory made under applicant

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sense rule of interpretation”
3.10 In the present instance, 'wafers' are not defined in the Customs Tariff Act, 1975. Further, there is a common market for trade in such goods. Hence, the present instance is a fit case for usage of the common parlance test.
3.11 It is humbly submitted that in the Indian context, wafers refers to chips used as a snack. In fact, wafers and chips terminology are used interchangeably. Further, post the supply by applicant, customers in the foodservice channel and, in some cases, the end consumer fry the products which makes them crispy similar to products such as wafers, i.e. a thin crisp cracker. In addition, some customers add various spices and condiments to the products and pack them in smaller pack sizes for the retail market.
3.12 Corn Chips, Corn Taco and Corn Taco Strips are variants of chips eaten as a snack. In any big department store, Corn Chips, Corn Taco and Corn Taco Strips are normally sold in the section dealing with wafers and such sna

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Chapter 1905 32 90 subject to GST accordingly.
Contextual interpretation
3.18 Snacks such as Corn Chips, Corn Taco and Corn Taco Strips are seen as an alternative to potato chips, cream wafers, etc. Corn Chips, Corn Taco and Corn Taco Strips are becoming popular amongst consumers with the increasing demand for alternative varieties of wafers and snacking food items.
3.19. Hence, considering the context surrounding such products, it should be concluded that they are similar to wafers falling under Chapter 1905 32 90 subject to tax accordingly.
3.20 Without prejudice to the above mentioned submission, in case the Corn Chips, Corn Taco and Corn Taco Strips manufactured by the Applicant does not classify as 'wafer' within the meaning of emption Notification, we request your good office to provide ruling on its possible alternate classification under
(i) Entry No. 13 of Schedule III of Rate Notification, which stands for Malt extract, food preparations of flour, groats, meal, starch or

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and wafers coated with chocolate or containing chocolate, papad, bread] as mentioned under Entry No. 16 of Schedule III of Rate Notifications.
If not, whether on facts and circumstances of the case, the Pancakes be classified any other Schedule Entry as per Rate Notification or Exemption Notification as your good office thinks
Applicant's interpretation of law or facts
4.1 Basis the plain reading of Rate Notification, the Applicant believes that the Pancake should get classified under the entry number 16 of Schedule III of the Rate Notifications which stands for 'All goods ie. Waffles and Wafers other than coated with coated with chocolate or containing chocolate; biscuits; Pastries and cakes (other than pizza bread, khakhra, plain chapatti or roti, Waffles and wafers coated with chocolate or containing chocolate, papad, bread).
4.2 The term 'cake' has not been defined in the Rate Notification. However, it is mentioned that the tariff item, sub-heading, heading and chapter shall me

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etc. Upon raw material intake, the ingredients go through various processes including mixing, dough dividing, baking on a hot plate on both sides and cooling- After the cooling process, the pancake is packed and labelled and subsequently stored and transported at – 18 Degree Celsius temperature.
Basically, it is a flat cake, often thin and round, prepared from a starch based batter and is cooked on a hot surface such as griddle or frying pan. It may be served at any time of the day with the variety of the topping or fillings including jam, fruit, syrup or ice cream.
Common and Commercial Parlance Theory
4.7 Without prejudice to above submission, we wish to reiterate our submission with respect to common and commercial parlance theory made under applicants interpretation of fact and law of Question 1.
4.8 Even in common parlance, Pancakes are known as 'cakes' in the hotel industry. Thus, the Applicant strongly believes that the same gets covered under Entry Number 16 of Schedule III

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get classified under the entry number 99 of Schedule / of the Rate Notifications
5.2 The term 'Pizza Bread' has not been defined in the Rate Notification. However, it is mentioned that the tariff item, sub-heading, heading and chapter shall mean respectively a tariff item, sub-heading, heading and chapter as specified in the first schedule to the Customs Tariff Act, 1975 (51 of 1975).
5.3 The products are manufactured by the Applicant using various ingredients including flour, water, sugar, salt, baking powder, yeast, vegetable oil etc. Upon raw material intake, the ingredients go through various processes including mixing, proofing, dough dividing, baking and cooling. After the cooling process, the pizza bread is packed and labelled and subsequently stored and transported at -18 Degree Celsius temperature.
Reference to Customs Tariff Act, 1975 (51 of 1975)
5.4 It is now pertinent to understand the clarification as provided under the Customs Tariff Act, 1975 to understand the mean

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, the Applicant submits that entry number 99 of Schedule I to the Rate Notifications should apply and GST to be levied accordingly.
5.7 Without prejudice to the above mentioned submission, in case the product manufactured by the Applicant does not qualify as 'pizza bread' within the meaning of Rate Notification, we request your good office to provide ruling on its possible alternate classification any other Schedule Entry as per Rate Notification or Exemption Notification as your good office thinks.
Further to above submissions, we most respectfully request that:
* Allow us to reiterate all the submissions without prejudice to one another;
* Grant a personal hearing put forth our contentions and explain our submissions before passing any order in this regard;
* Allow us to amend, alter and add to the present reply;
* Allow us to produce additional documents and other material during the time of Personal Hearing;
* In case the classification and rate argued by the Applicant

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redients
1.
Maida – High Protein  
1.
Maida
2.
Water  
2.
Water  
3.
Glycerine 
3.
Palmolein Oil
4.
Wheat Gluten 
4.
Glycerine
5.
Salt 
5.
L-Cysterine
6.
Sugar 
6.
Sodium Bi Carbonate
7.
Yeast
7.
Salt
8.
Baking Powder 
8.
Powerflex
9.
Kalonji Seed 
9.
Dimodaan
10.
Hydroxypropyl Methyl Cellulose 
10.
Sugar
11.
Ultrasoft  
11.
Sodium Acid Pyro Phosphate
12.
Calcium Propionate 
12.
Acecol Gaur Gum
13.
Kalonaji Oil  
13.
Calcium Propionate
 
 
14.
Fumaric Acid
 
 
15.
Grindsted Protex
Unleavened Flatbread-Chapati
Leavened Flatbread-Chalupa
S. No. 
Ingredients
S. No. 
Ingredients
1.
Atta
1.
Maida
2.
Water  
2.
Sunflower Oil
3.
Palmolein Oil
3.
Water
4.
Wheat Gluten 
4.
Rice Flour
5.
Salt
5.
TBBI
6.
Dimodaan Hp-1
6.
Yeast
7.
Sugar
7.
Salt
8.
Baking Powder
8.
Su

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ing Agent 
9.
Milk
10.
Yeast 
10.
Sunflower Oil
11.
Acidity regulator 
11.
Golden Syrup
12.
Preservative 
12.
Vanilla Flavor
13.
Thickener 
13.
Whey Powder
14.
Flour treatment agent 
14.
Detam
List of Ingredients Leavened Flatbread-Pita Bread
Corn Taco
S. No. 
Ingredients
S. No. 
Ingredients
1.
Tandoori Atta   
1.
Masa flour
2.
Atta
2.
Water
3.
Water
3.
Cal. Prop
4.
Wheat Gluten  
4.
Citric Acid
5.
Salt  
5.
Cellulose Gum
6.
Yeast  
6.
Guar Gum
Leavened Flatbread-Chalupa    
Leavened Flatbread-Kulcha
S. No. 
Ingredients
S. No. 
Ingredients
1.
Maida   
1.
Maida
2.
Sunflower Oil  
2.
Vinegar
3.
Water  
3.
Water
4.
Rice Flour  
4.
Sugar
5.
TBBI 
5.
Salt
6.
Yeast  
6.
Yeast
7.
Salt  
7.
Baking Powder
8.
Sugar 

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@ <-18 C   Dispatch   PROCESS FLOW DIAGRAM (PANCAKE) Raw Material Intake   Raw Material Storage   Premixing and sieving   Mixing   Oven Bake   Online Cooling @ < 24C   Online inspection   Stacking   Packaging   Metal Detection CCP Spiral blast Freezing @ -30 to 35 C   Packaging   Collection to pellets   Finished Goods Storage-Cold Room @ <-18 C   Dispatch   Additional submission to Advance Ruling application submitted by applicant on 23 May 2018 We, Signature International Foods India Private Limited (the "Applicant" or "Company") a private limited company incorporated under the provisions of the Companies Act, 1956 holding GST registration number 27AACCH2133E1Z3, have filed an advance ruling application on 23 May 2018 for the classification of products manufactured by and supplied by the Company. In this connection, we have attended a personal h earing for the acceptanc

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o CGST and MGST at 9% each;
d. Naan to be classified under residual entry considering the fact that it is used as a Roti, eaten with curry in South East Asia and leviable to CGST and MGST at 9% each;
e. Pita Bread and Kulcha to be classified under residual entry considering that these products are ready for consumption and leviable to CGST and MGST at 9% each;
f. Corn Chips, Corn Taco, Corn Taco Strips shall be classified under Entry No. 16 of Schedule III of the Rate n leviable to tax at CGST and MGST at 9% each;
g. Pancake qualify as cake within the meaning of rate notification classifying the product under Entry No. 16 of Schedule III under Chapter heading 1905; and
h. Pizza Bread qualify as Pizza Bread under Entry No. 99 of Schedule l.
i. At the outset, the Applicant most respectfully wishes to submit that the letter has been prepared without giving due regards to all the facts of the case and the submissions made by the Company till date. The Applicant has provided a deta

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tbreads such as leavened flatbreads and unfolded leavened flatbreads.
Without prejudice to submissions made in the advance ruling application, the Applicant wishes to make an additional submission providing a responses to the views provided by the learned Nodal Officer on variants of unleavened flatbreads and all types of leavened flatbreads. It shall be noted that this additional submission shall be considered to be in addition to submissions made in advance ruling application.
Applicants additional submissions
1. Applicants response to classification of some variants of unleavened flatbreads such as Roti Rolls, Paratha and Paratha Rolls
1.1 The Applicant wishes to submit that learned Nodal Officer has not considered ingredients and the manufacturing processes used while manufacturing unleavened flatbreads. In the letter, it was mentioned that
(i) the food stuff such as Paratha, Paratha Rolls, Roti Rolls shall be classified as per the common parlance test as laid down by the Hon'

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by the courts is the user test. According to this test the use to which the goods can be put can also be considered in interpreting an item. The copy of relevant judicial precedence has already been submitted with your office. A copy of the same is again enclosed as Annexure 1.
1.4 By applying Common parlance Test and End User Test, we wish to humbly submit that many types of unleavened flatbreads including plain chapatti, roti and variants of these types of unleavened flatbreads are a staple underlying carrier in one's meal. It is usually accompanied by protein or vegetables and sauce.
Considering the same, it is clear that the usage or function of such as Roti Rolls, Paratha, Paratha Rolls, Tortilla Wraps, Tortilla, Wraps, Paratha Wraps are the same or similar to Plain Chapatti or Roti.
1.5 At this juncture, it is also important to note the ruling of the Apex Court of India in the case of M/s. O K Play (India) Limited V. Commissioner of Central Excise, Delhi-III, Gurgaon = 2005 (2

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, which is also relevant in the underlying case. In food industry, various types of unleavened flatbreads are called different names by different users depending upon the regions where the food is served or consumed. variants of Chapatti flatbreads are referred to internationally in different countries as Tortilla, Tortilla Wraps, Wraps, Roti Rolls, Roti, Chapatti, Paratha and Paratha Wraps. Therefore, it is imperative that one shall give due regards to End User Test also. Considering the same, we wish to reiterate the fact that various types of unleavened flatbreads like those mentioned in the application are being used in one's daily meal accompanied by protein or vegetables and sauce and hence, shall be classified as Plain Chapatti or Roti.
Ingredient Test
2. the learned Nodal Officer has further mentioned that the ingredients used for variants of unleavened flatbreads such as Roti Rolls, Paratha and Paratha Rolls are different than Plain Roti or Roti as mentioned under Entry No.

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h to bring to your notice that many variants of unleavened flatbreads are considered to be the same or similar as Plain Chapatti or Roti because these bakery products act as a near substitute to each other as a carrier for a meal. Thus, the Applicant strongly believes that the same shall be classified as 'Plain Chapatti or Roti' under Entry No, 99A of Rate Notification.
Manufacturing process Test
5. The learned Nodal Officer has further mentioned that the manufacturing process of unleavened flatbreads such as Roti Rolls, Paratha and Paratha Rolls are different than Plain Roti or Roti. In this regard, we wish to mention that the Applicant has already submitted manufacturing flow charts in respect of all variants of unleavened flatbread in its original application.
6. The range of unleavened flatbreads manufactured by the Company, including Roti, Roti Rolls, Paratha, Tortilla, Tortilla Wraps and Wraps are produced on the same production line using the same or similar production method

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d
2.1 We wish to re-submit that learned Nodal Officer has not considered ingredients and the manufacturing processes used while manufacturing leavened flatbreads.
In the letter, it was mentioned that:
Sr.No.
Name of Leavened flatbread
Learned Nodal officer's relevant contentions
1.
Chalupta
1. Traditional Chalupa are small. thick, boat shaped fried maza topped only with cheese and shredded lettua
2. These are filled with various ingredients such as chicken, pork, chopped onion etc.
3: In view of the manufacturing process and type of ingredients used in it, the same cannot be classified under Entry No. 97 of Exemption Notification. Hence, the same shall be covered under residual entry
2.
Naan
1. Naan cannot fall under Entry No. 97 of Exemption Notification as it is commonly used as a Roti in South Asia Region
2. By applying common parlance test, common man cannot say Naan as Bread
3. It is used as a Roti eaten with curry in South East Asia
4. Accordingly, the same canno

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e construed as a food which is ready to eat. The Schedule Entry No. 97 refers to bread except when served for immediate consumption. However, it is clear that 'ready to serve' means ready to eat'. There is no distinction between them Food is not necessarily served only in Hotel. Food is also served at home. Hence, dealers contention regarding served for immediate consumption is misinterpretation of the term”
2.3. Basis the review of the submissions of learned Nodal Officer, we wish to submit that the learned Nodal Officer has made classification on the basis of:
a. Common Parlance Test;
b. Ingredient Test; and
c. Manufacturing process Test.
2.4. At the outset, we wish to reiterate our submissions made in the application for advance ruling from Para 2.1 till Para 2.18 in Annexure III wherein we have provided our submissions with respect to applicability of exemption in respect of all variants of leavened flatbreads considering above mentioned tests. We have provided below our addit

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s maida, sunflower oil, water, rice flour, yeast, salt, sugar, gluten and TBBI.
2.7. Referring to the learned Nodal Officer's contention on the usage of additional ingredients such as Ch icken, Pork etc., we would like to submit that the Applicant supplies the Chalupa bread flat, unfolded in the base form. The customer receives the bread from the Company frozen at -18*c and the customer subsequently defrosts the bread. After this the customer fries the bread using a U-shaped fryer mold. It is this U-shape fryer mould that gives the Chalupa the U shape which is sometimes referred to as a boat shape. The Chalupa gets the crispy texture and is heated up when the customer fries the product. After this the customer can include their own sauce, filling, protein and vegetables in the bread before serving the final product to the end consumer. Thus, the said contention will not hold good factually.
2.8. Additionally, the Applicant follows the same or similar manufacturing processes as those

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2.11. In fact, it shall be observed that they have given utmost importance to the 'End User Test' while determining the classification of Naan. The Applicant believes that the customer and end consumer considers naan to be a bread. This point is strongly supported by the fact that naan is included under the heading of Bread or Indian Breads on the menu cards of many restaurants across India and internationally.
2.12. The range of leavened flatbreads manufactured by the Company, including naan, are produced on the same production line using the same or similar production methods and processes. The flow chart included in the original application shows that the Applicant follows the same or similar processes for all variants of leavened flatbreads. Upon raw material intake, the ingredients go through various processes including mixing, proofing, dough dividing, baking and cooling. After the cooling process, the leavened flatbread is packed and labelled and subsequently stored and transp

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ead and Kulcha
2.15. While providing views on the availability of exemption to Pita Bread and Kulcha, the learned Nodal Officer has mentioned that the Applicant has himself applied tax rate of 2.5% in the invoices raised by them. However, these products could not be classified under Entry No. 97 of the Exemption Notification. Pita Bread and Kulcha cannot be treated as bread.
2.16. In this regard, we wish to mention that the Applicant has submitted an intimation letter with the Central Tax authorities on 20 July 2017 inti mating that payment of Central Tax, State Tax and Integrated Tax under protest, in the absence of specific schedule entry with respect to product being manufactured and supplied by the Applicant.
2.17. Moreover, the Applicant has discharged GST liability for leavened flatbread to the extent of 2.5% of CGST and MGST on a conservative basis.
Leavened flatbreads not served for immediate consumption
2.18. While denying the exemption under Entry No. 97 of Exemption Not

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efrosting, addition of toppings and heating which is carried out before serving for consumption to the end consumer or customer.
2.20. The majority of the products supplied the Company are supplied frozen at a temperature of -18*c. It is not possible for the customer or end consumer to eat the product when they receive it at -18*c for a number of reasons. The first reason is that the bread is very hard when it is in a frozen state and the person trying to eat the frozen product could damage their teeth if they try to bite into the frozen product. Frozen bread can be very brittle and there is a risk that the bread breaks into pieces if someone tries to eat it. The bread would not be functional as a carrier in its frozen state. In addition, frozen bread does not taste good. The points above are relevant if the bread is bought by a customer in the foodservice channel such as hotels and restaurants or if the frozen bread is consumed in the home. Therefore, the breads that the Company supp

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ariants of leavened flatbreads. In case your office differs With the Applicant's view of exemption, we wish to submit that leavened flatbreads can also be treated at par with pizza Bread after considering manufacturing process test and ingredient test.
9. Request:
In the light of above additional submissions, we wish to put forth our contentions below:
* Classification of products as per submissions made in the application of advance ruling
* Treat this submissions as the statement of responses to the submissions made by the learned Nodal Officer
In case classification of leavened flatbread is not acceptable to your office, request you to consider the request of treating it as 'Pizza Bread' after giving due regard to the manufacturing test and ingredient test. Should your office require any additional information / documentation in order to enable your office to arrive at a final conclusion, we shall be glad to furnish the same,
03. CONTENTION – AS PER THE CONCERNED OFFICER
Th

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facturing of Unleavened flat breads like Roti, Chappati, Paratha, Paratha wraps, Tortilla, Tortilla wraps, Roti Rolls, etc.
1) Dealer has clarified his product i.e. Unleavened flat breads schedule entry 99 (A) as “Khakhra, pain chappati or roti” so far as Indian food stuffs like Roti, Plain Roti is concerned it can be clarified under Tariff heading 2016 under entry 99 (A) and should be taxed at CGST 2.5% and SGST 2.5%.
But the food stuffs like Paratha wraps, Paratha, Roti rolls cannot clarified in above mentioned entry i.e. entry 99 (A) because as per Hon. Supreme Court guideline these should be common parlance test for determination of tax rate of particular commodity.
So if we apply this common parlance test to these Indian food stuffs like paratha, Paratha rolls, Roti Rolls, we can't identify these food products as plain Roti or Roti The manufacturing process and ingredients are different than that of plain Roti or Roti. Common man can't say Paratha or Roti Rolls as a plain Roti,

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ered under residuary entry and taxable at 9% in CGST and MGST Act.
NaanA typical 'Naan' recipe involves mixing white flour with salt, a yeast culture and enough yogurt to make smooth, elastic enough. The dough is kneaded for few minutes. Then dough is divided into balls which are flattered and cooked. The 'Naan” can be said to be a 'Leavened Bread as that are made from natural leavened like yeast, yogurt and butter milk. So this product 'Naan' can't fall under entry 97 as it is commonly used as Roti in South Asia region. By applying common parlance test to this product, common man can't say 'Naan' as a bread. It is used as a Roti, eaten with curry in South East Asia. So in my opinion Naan cannot be held as leavened bread and treated as exempted product. In my opinion the food products i.e. Naan would be covered under residuary entry and taxable at 9% in CGST and MGST.
Pita bread and Kulcha -Pita bread & Kulcha are leavened bread. But dealer himself applied tax rate at 2.5% in the inv

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at 9% CGST and 9% MGST Act. Corn Chips, Corn Taco, Corn Taco strips –
Dealer is manufactures of food products like corn chips, corn Taco, Corn Taco strips. Dealer has clarified these products under entry No. 16 of schedule III.
Dealer has rightly classified these products. In my opinion the food product like corn chips, Corn Taco & Corn Taco strips also fall under chapter heading 1905, Entry No.16 schedule III having tax rate @9% CGST & SGST.
Pancake -Pancake is flat cake, thin & round prepared from starch bared butter that contains eggs, milk, butter. Pancake are known as 'cakes'. In many opinion Pancake manufactured by the applicant qualify as 'cakes' within the meaning of Rate notification clarifying the product under entry 16 schedule Ill under chapter heading 1905.
Pizza Bread -Pizza Bread supplied by' the applicant is covered under entry No. 99 of schedule I. Dealer has rightly clarified the food product ie. Pizza Bread under entry No.99 of schedule I having tax rate @ 2.5%

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e dealer seeks classification of tax rate in respect of following commodities.
I. Unleavened flat breads- Khakhra, plain chapatti, roti, paratha, paratha rolls and roti rolls
II. Leavened flat breads- Naan, kulcha, chalupa and pita bread
III. Corn chips, Corn Taco, Corn Taco strips.
IV. Pan cake.
V. Pizza bread,
I have gone through the submission of documents submitted by the dealer. I will discuss h item one by one and explain my opinion in this regard as below.
eavened flat breads – plicant's interpretationealer is engaged in manufacturing of Unleavened flat breads like Roti, Chappati, paratha, Paratha wraps, Tortilla, Tortilla wraps, Roti Rolls, etc. Dealer has classified this product i.e. Unleavened flat breads schedule entry no.99 (A) as “Khakhra, pain chappati or roti ”
Manufacturing process- (Chapatti, Roti, Khakhra, Paratha, Paratha rolls, Tortilla, Roti rolls)
Mixing
(Atta+ water+ palmolein oil+wheat gluten+salt+dimodaanHp-1+ sugar+ baking powder)
¯
Dough div

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der Schedule- I entry no. 99(A) taxable at 2.5% in CGST and MGST.
II. Leavened flat bread –
* Applicant's interpretation-
* Dealer has treated leavened flat bread under Entry no, 97 of Exemption notification no.2/2017 Dt-28/06/2017 of CGST Act.
* Entry no.97 stands for “Bread (branded or otherwise) except when served for consumption and pizza bread.” Opinion of Jurisdiction Officer
* In Leavened flat breads such as Naan, Chalupa, Pita bread, Kulcha, unfold leavened flat breads are also manufactured & sold by the dealer.
A) Chalupa –
* A chalupa is speciality of south central Mexico. Traditional Chalupas are small, thick, boat shaped fried masa (maize) topped only with red salra(salad), green salra, chopped onion, cheese and shredded chicken. These are filled with various ingredients such as chicken, pork, chopped onion, etc. So in view of the manufacturing process and type of ingredient used in it, the Chalupa could not fall under Entry no-97 of Exemption notification. It c

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are leavened bread. But dealer himself applied tax rate at 2.5% in the invoices raised by him. But these product could not be classified under entry no,97 as exempted goods. Pita bread and Kulcha cannot be termed as bread.
* So the products like Naan, Pita Bread, Kulcha, levened bread can be served for consumption. These food products are ready for consumption. They are not raw or unfinished form. Ready to serve foods should be construed as a fodd which is ready to eat.
* The schedule entry no. 97 of Exemption notification refer to breads except when served for consumption. Dealer has taken meaning of served for Consumption as in food served in hotel, restaurant etc. However it is clear that 'ready-to-serve' means ready-to-eat'. There is no distinction between 'ready-to-eat foods' and 'ready to serve foods'. Food is not necessarily served only in a Hotel. Food is also 'served in a home.
* Hence dealers contention regarding 'served for consumption' is misinterpretation of the term

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sified these products. In my opinion the food product like corn chips, Corn Taco & Corn Taco strips also fall under chapter heading 1905, Entry No. 16 schedule III having tax rate @9% CGST & SGST.
IV. Pancake –
Applicant's interpretation-
Dealer has classified Pancake as a cake which is commonly known to everyone and treated the same under Entry no. 16 of Schedule-III of CGST Act.
Manufacturing process- (Pan cake)
Mixing
(Wheat flour+ water+ sugar+ salt+ sodium bicarbonate+ sodium acid pyrophosphate+ citric acid+ calcium propionate+ milk+ sunflower oil+ golden syrup + vanilla flavour + whey powder+ detam)
Baking in oven
¯
Online cooling @<24oc ¯ Online inspection (sorting) ¯ Metal detection ¯ Spiral blast freezing @-30 to 35c ¯ Packaging ¯ Collation to pallets ¯ Finished goods storage @<-18 C ¯ Dispatch in frozen vehicle@-18 C Opinion of Jurisdiction Officer Pancake is flat cake, thin & round prepared from starch bared bu

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t breads
Schedule-III Entry no. 453 (A)
9% CGST 9% MGST
 
i) Naan, ii) Chalupa, iii) Pita Bread iv) Kulcha
3.
Corn chips, Corn Taco, Corn Taco Strips
Entry No. 16 Schedule III
9% CGST 9% MGST
4.
Pancake
Entry No. 16 Schedule III
9% CGST 9% MGST
5.
Pizza Bread
Entry No. 99 Schedule I
2.5% CGST 2.5% MGST
04. HEARING
The Preliminary hearing in the matter was held on 03.07.2018, Sh. Pratik Shah, C.A. along with Sh. Ramesh Warungare, Finance head appeared and requested for admission of application as per contentions made their ARA. Jurisdictional Officer Sh. M. R. Shinde, Asstt. Commissioner of State Tax (NAS-VAT-D-009) Nasik appeared and made written submissions.
The application was admitted and called for final hearing on 25.07.2018, Pratik Shah, C.A. along with Sh. Nitin Vijai vrgiya, C.A., Ms. Snehal Gadhave, C.A., Sh. Yatin Patel, Managing Director, Sh. ABHAY Mundra, C.A. and Sh. Ramesh Warungare, Finance Head appeared made oral and written submissions. Jurisdic

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a and overseas. The details of manufacturing process and ingredients required are in short as thus,
A) Unleavened Flatbread includes Plain Chapatti and variants of Chapatti flatbreads referred to internationally in different countries as Tortilla, Tortilla Wraps, Wraps, Roti Rolls, Roti, Chapatti, Paratha and Paratha Wraps The products are manufactured by the Applicant using various ingredients including Atta, Maida, water, Palmolein oil, salt, sugar, baking powder, wheat gluten etc. Upon raw material intake, the ingredients go through various processes including mixing, proofing, dough dividing, baking and cooling. After the cooling process, the bread is packed, the packet is labelled and subsequently stored and transported at -18 Degree Celsius temperature or transported ambient.
B) Leavened Flatbread includes ('Bread Products') Naan, Kulcha and variants of these type of leavened breads referred to internationally in different countries as Pitta bread, Chalupa, Corn bread, Leavened

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ntly stored and transported at -18 Degree Celsius temperature. Upon receipt of these products, the customer or end consumer fries the product, which is similar to products such as wafers.
D) Pancake's includes – 'pancakes', a flat cake, often thin and round, prepared from a starch-based batter that may contain milk baked on a hot surface such as a griddle or frying pan. The pancakes manufactured by using of ingredients like wheat flour, water, sugar, salt, milk, syrup, oil etc. Upon raw material intake, the ingredients go through various processes including mixing, dough dividing, baking on a hot plate on both sides and cooling. After the cooling process, the pancake is packed and labelled and subsequently stored and transported at – 18 Degree Celsius temperature. These products are similar to cakes included in entry number 16 of Schedule III to the Rate Notifications.
E) Pizza bread includes Pizza bread which is also called Pizza base. The products are manufactured by the Applicant

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n facts and circumstances of the case, the Unleavened Flatbreads be treated as Khakra, plain chapatti or roti under Entry No. 99 A of Schedule / of Notification No. 01/2017-Integrated Tax (Rate) dated 28 June 2017, Notification Number 1/2017-Central Tax (Rate), dated 28 June 2017 and Notification Number 1/2017-State Tax (Rate) No. MGST1017/ C.R.104/Taxtaion-1, dated 29 June 2017 (collectively referred to as the Rate Notifications')
if not, whether on facts and circumstances of the case, the Unleavened Flatbreads be classified:
(i) as 'bread' as mentioned under Entry No. 97 of Notification Number 02 Number 2/2017-Integrated Tax (Rate), dated 28 June 2017, Notification Number 2/2017-Central Tax (Rate), dated 28 June 2017 and Notification Number 2/2017-State Tax (Rate) No. MGST1017/C.R.103(1)/Taxation-1 dated 29 June 2017 (collectively referred to as the 'Exemption Notifications'); or
(ii) as Malt extract, food preparations of flour, groats, meal, starch or malt extract not containi

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he course of final hearing applicant was instructed to provide products, detailed list of ingredients, manufacturing process chart, purchase order, invoice etc. Applicant has submitted all those details. We have gone through the details as above and we find that the ingredients used to manufacture these products, the manufacturing process chart, the packaging and the storage of the products are substantially same. We find that the various ingredients used for manufacturing which are common and forming more than 80% by weight are Atta, Maida and water. The other ingredients are palmoleine oil, salt, sugar, backing powder, wheat butane etc. By resorting to this fact, applicant has laid much stress that these products are covered by the scope entry No.99A and squarely covered by the description 'khakara plane chapatti or roti' vide notification no. 34/2017 dated 13/10/2017.
Per contra the concerned officer for Revenue submitted that so far as Indian food stuffs like roti, plain roti are

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is generally made out of refined flour and is cooked in tandoor. This roti may be called tandoori roti.
Applicant has raised question before this authority regarding classification of products such as Tortilla wraps, roti rolls, wraps, chapatti, paratha and paratha wraps.
As averted above we find no difficulty in classifying chapatti, roti and its variants as covered by scope of entry 99A of notification no. 34/2017 which covers khakara, plain chapatti or roti.
As regards Tortilla, Tortilla wraps, paratha and roti rolls revenue submitted that by common parlance test we cannot identify these product as plain roti or roti. We have examined as stated above the ingredients used for manufacturing these products, manufacturing process and the product itself. We find that these products are nothing but simple chapatti. We agree with the contention of the applicant that various types of Unleavened Flat breads are called by different names by different users depending upon the regions where

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aratha as different and distinct food commodity from roti, chapatti etc. The product before us is examined from this view point. The product is plain like a chapatti and unstuffed like Gobhi paratha, Laccha paratha. To us, this is nothing but a plain chapatti and paratha is a misnomer for this food product supplied by the applicant. As such we do not find any difficulty in classifying the product as plain chapatti covered by entry 99A of notification no. of 34/2017.
In the light of above discussion and for the given facts that all the products contain similar/ same ingredients, manufacturing process and all the products are used as staple food item in meal we find no difficulty to arrive at a conclusion that the products are covered by entry no. 99A of notification no. 34/2017 and therefore we feel that there is no need to further deal with sub question (i), (ii) and (iii) of this question.
Que 2: “Whether on facts and circumstances of the case, the Leavened Flatbreads be treated as

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ur good office thinks fit
In connection with the products covered by this question which are leavened Flatbreads including Naan, Kulcha, and variants of these type of Leavened breads referred internationally as pitabread, Chalupa, Cornbread, Leavened Flatbreads and unfolded Leavened Flatbreads applicant submits that similar or same manufacturing process is followed as is applicable for manufacturing of bread and therefore these product be classified as Bread within the meaning of entry no. of 97 of the exemption notification. In this regard, we find that the term mentioned above have not been defined under the Act or the notifications, we therefore refer to Dictionary or Wikipedia to understand these expressions.
Bread- Wikipedia:
Bread is a staple food prepared from a dough of flour and water usually by baking.
Bread may be leavened by processes such as reliance on naturally occurring sourdough microbes, chemicals, industrially produced yeast, or high-pressure aeration. Commercial

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t or old kulcha dough), mixed together by hand to make a very tight dough.
In order to classify the products under a fiscal statue and in the absence of any such definition we are of the opinion that it would be a normal understanding thereof that would govern the classification of the product under issue. In a situation like one at hand we may refer to the decision of Hon'ble Supreme Court in case of M/s. Ramawatar Budiprasad vs Assistant Sales Tax Officer, Akola reported as 12 STC 286 = 1961 (3) TMI 55 – SUPREME COURT OF INDIA.
In this judgement court adopted the following principles in the matter of construction of entries in statutes like the Sales Tax Acts:
“(1) If a statute uses the ordinary words in everyday use, such words should be construed according to their popular sense.
(2) If a word in its popular sense and read in an ordinary way is capable of two constructions, it is wise to adopt such a construction as is based on the assumption that Parliament merely intended to

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the principles laid down by the Supreme Court in case of M/s. Ramawatar cited supra we find that while classifying the product under fiscal statute the resort has to be to their popular meaning or meaning attached to them by those dealing in them or to their commercial sense. Viewing the above products we find that large number of consumers of this product would not regard them as roti, chapatti or as the case may be bread in the ordinary sense. It is our common experience in a restaurant or hotel that a person receiving orders specifically invite attention of the customer about whether he wants Naan, Kulcha, Roti etc. to be served with curry. In view of this we agree with the contention of the officer that by applying common parlance test, common man would not say Naan or Kulcha as a bread. Since we do not find any specific entry for products mentioned in this question and their variants they would be covered under entry no 453 of schedule III of the notification.
In spite of ours ab

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ame name, and then deep frying the result to produce crisp, shallow corn cups. These are filled with various ingredients such as shredded chicken, pork, chopped onion, chipotle pepper, red salsa, and/or green salsa. They can in many cases resemble tostadas since both are made of a fried or baked masa based dough.
We find that normally the chalupa is a food product which are filled with various ingredients such as chicken, pork, chopped onion etc. However while arguing the matter and the sample provided to us at the time of hearing applicant has categorically submitted that they are plain products without any filling. Further from the ingredients used and the manufacturing process we do not find any similarity. In common parlance also and as discussed above chalupa is not considered as bread. And as such the product would not fall in the category of bread as covered by entry no. 97 of the exemption notification. As there is no specific entry for this product, it would be covered under

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notification.
As per Webster dictionary the term bread has been defined as a usually baked and leavened food made of a mixture whose basic constituent is flour or meal. On the contrary as per definition and meaning given above
Pita is a yeast leavened round flatbread baked from wheat flour, sometimes with a pocket. From the ingredients and the manufacturing chart, we find that applicant uses similar/ same ingredients and same manufacturing process as that of bread. The Hon. Bombay High Court in case Commissioner of Sales Tax Vs Aggarwal and Co. (1983 (12) ELT 116) = 1982 (11) TMI 159 – BOMBAY HIGH COURT held that a general term used for any commodity in a fiscal statute covers that commodity in all its forms. As there is no difference in the conventional bread and pita bread with respect to ingredients and manufacturing process, we hold that Pitta bread would squarely fall under entry 97 of the exemption notification.
Que: 3. Whether on facts and circumstances of the case, Corn Chip

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Exemption Notification as your good office thinks fit
As observed by us in case of other products discussed herein above we also find that the term corn chips, corn taco, corn taco strips have not been defined under the Act or notification issued. It is therefore felt necessary to refer to dictionary meaning.
Corn chips: As per Cambridge English Dictionary- Indian English a very thin slice, often round piece of fried potato or other vegetables, sometimes with a flavour added.
Corn Chips as Wikipedia – is a snack food made from cornmeal fried in oil or baked usually in the shape of a noodle or scoop.
Corn Taco- is a traditional Mexican dish consisting of a corn or wheat Tortilla folded or rolled around a filling.
It is the applicant's contention that above products are covered by the scope of expression wafer and thus classifiable under entry no.16 of schedule Ill of the rate notification dated 28/06/2017.
The term “wafers” has been defined as per Webster Dictionary as a “thin cr

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izza bread, khakhra, plain chapatti or roti, bread, rusks, toasted bread and similar toasted products
BREAD, PASTRY, CAKES, BISCUITS AND OTHER BAKERS' WARES, WHETHER OR NOT CONTAINING COCOA; COMMUNION WAFERS, EMPTY CACHETS OF KIND SUITABLE FOR PHARMACEU TICAL USE, SEALING WAFERS, RICE PAPER AND SIMILAR PRODUCTS   
1905
 
BREAD , PASTRY, CAKES, BISCUITS AND OTHER BAKERS' WARES, WHETHER OR NOT CONTAINING COCOA; COMMUNION WAFERS, EMPTY CACHETS OF A KIND SUITABLE FOR PHARMACEUTICAL USE, SEALING WAFERS, RICE PAPER AND SIMILAR PRODUCTS
19051000

Crispbread
19052000

Gingerbread and the like
 

Sweet biscuits; waffers and wafers:
19053100

Sweet biscuits
190532

Waffles and wafers :
 

Communion wafers :
19053211

Coated with chocolate or containing chocolate
19053219

Other
19053290

Other
19054000

Rusks, toasted bread and similar toasted products
190590

Other :
19059010

Pastries and cakes
19059020

Bisc

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uits; Pastries and cakes (other than pizza bread, khakhra, plain chapatti or roti, Waffles and wafers coated with chocolate or containing chocolate, papad, bread) as mentioned under Entry No. 16 of Schedule III of Rate Notifications.
If not, whether on facts and circumstances of the case, the Pancakes be classified in any other Schedule Entry as per Rate Notification or Exemption Notification as your good office thinks fit
Pan cakes:
This term is also not defined under the act and therefore we refer to Wikipedia which defines the term as below:
'Pancakes', is a flat cake, often thin and round, prepared from a starch-based batter that may contain milk baked on a hot surface such as a griddle or frying pan.
The pancakes are manufactured by using ingredients like wheat flour, water, sugar, salt, milk, syrup, oil etc. Similarly we find that cake is an item soft sweet food made from a mixture of flour, fat, eggs, sugar, and other ingredients, baked and sometimes iced and decorated.
T

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on facts and circumstances of the case, Pizza Base supplied be treated as 'Pizza Bread' as mentioned under Entry No. 99 of Schedule / of Rate Notifications.
If not, whether on facts and circumstances of the case, the Pizza Base be classified in any other Schedule Entry as per Rate Notification or Exemption Notification as your good office thinks fit
The products are manufactured by the Applicant i.e. pizza base using various ingredients including flour, water, sugar, salt, baking powder, yeast, oil etc. After raw  material intake, the ingredients go through various processes including mixing, proofing, dough dividing, baking and cooling. As per entry number 99 of Schedule I to the Central Rate Notifications, the product description is 'pizza bread'. Having regard to the ratio of the judgement in case of Aggarwal and Company cited supra the schedule entry for pizza bread is wide enough to cover pizza base within its ambit. The Pizza base is required for manufacture of Pizza. It

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te Tax (Rate) No. MGST1017/ C.R. 104/Taxation-1, dated 29 June 2017 (collectively referred to as the 'Rate Notifications')
If not, whether on facts and circumstances of the case, the Unleavened Flatbreads be classified:
(i) as 'bread' as mentioned under Entry No. 97 of Notification Number 02 Number 2/2017-Integrated Tax (Rate), dated 28 June 2017, Notification Number 2/2017-CentraI Tax (Rate), dated 28 June 2017 and Notification Number 2/2017-State Tax (Rate) No. MGST1017/C.R. 103(1)/Taxation-1, dated 29 June 2017 (collectively referred to as the 'Exemption Notifications'); or
(ii) as Malt extract, food preparations of flour, groats, meal, starch or malt extract not containing coca or containing less than 40% by weight of coca calculated on a totally defatted basis, not  elsewhere specified or included [other than preparations for infants or young children, put up for retail sale and mixes and doughs for the preparation of bakers' wares of heading 1905]on a totally defatted bas

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r
(ii) as Malt extract, food preparations of flour, groats, meal, starch or malt extract not containing coca or containing less than 40% by weight of coca calculated on a totally defatted basis, not elsewhere specified or included (other than preparations for infants or young children, put up for retail sale and mixes and doughs for the preparation of bakers' wares of heading 1905]on a totally defatted basis not elsewhere specified or included (other than preparations for infants or young children, put up for retail sale and mixes and doughs for the preparation of bakers' wares of heading 1905) under Entry No. 13 of Schedule III of Rate Notification or
(i) Any other Schedule Entry as per Rate Notification or Exemption Notification as your good office thinks fit
Answer :- The product Leavened Flatbreads stated in application such as Naan, Kulcha and Chalupa are not covered by the expression 'bread' as mentioned under Entry No. 97 of Exemption Notifications but they would be covered u

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re specified or included (other than preparations for infants or young children, put up for retail sale and mixes and doughs for the preparation of bakers ' wares of heading 1905)” under Entry No. 13 of Schedule III of Rate Notification; or
(ii) Any other Schedule Entry as per Rate Notification or Exemption Notification as your good office thinks fit
Answer :- The products like Corn Chips, Corn Taco and Corn , Taco Strips would be treated as 'wafer' under Entry No. 16 of Schedule III of Rate Notifications and it would be liable for taxes @ 18 9% CGST and 9% MGST
Question 4:- “Whether on facts and circumstances of the case, Pancakes supplied be treated as All Goods i.e. Waffles and wafers other than coated with chocolate or containing chocolate; biscuits; Pastries and cakes (other than pizza bread, khakhra, plain chapatti or roti, Waffles and wafers coated with chocolate or containing chocolate, papad, bread) as mentioned under Entry No. 16 of Schedule Ill ofRate Notifications.
If n

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How to return the claimed ITC on Purchase return?

How to return the claimed ITC on Purchase return?
Query (Issue) Started By: – Shravan Kumar Dated:- 19-8-2018 Last Reply Date:- 19-10-2018 Goods and Services Tax – GST
Got 6 Replies
GST
An invoice raised in the month of June 2018 has been canceled by raising Credit note in July 2018 by a vendor. We have claimed ITC in the June 2018 for the received invoice.
As the vendor cancelled the Invoice by raising Credit note, how we can return the ITC claimed in June for the said invoice?
Reply By SHIVKUMAR SHARMA:
The Reply:
While filing your Next month GSTR3B Return, you can reduce your Inputs Tax Credit in Table 4 Eligible ITC.
Reply By Shravan Kumar:
The Reply:
How does Claiming Less ITC in the next month GSTR 3B, will resolve t

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Do i need to pay GST on Advance Payment?

Do i need to pay GST on Advance Payment?
Query (Issue) Started By: – Harish GV Dated:- 19-8-2018 Last Reply Date:- 25-8-2018 Goods and Services Tax – GST
Got 12 Replies
GST
Im a self employee, my job is to exporting services to outside the India, all my export services fall under 0% GST, Now if i am receiving 100% full advance payment before raising the invoice do i need to pay any GST on advance payment?
Reply By KASTURI SETHI:
The Reply:
Export being zero rated no GST is required to pay on advance.
Reply By ANITA BHADRA:
The Reply:
Yes , You need to pay GST on advance payment .
As per the explanation 1 to Section 12 of the CGST Act, 2017 a “supply” shall be deemed to have been made to the extent it is covered by the inv

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l taxes i need to pay any tax?
is that amount will be considered as advance payment? and if considerd do i need to pay tax for advance payment?
Thank you
Reply By SHIVKUMAR SHARMA:
The Reply:
It is not the advance payment because the transaction is Completed in the same month i.e.In August.
Reply By ANITA BHADRA:
The Reply:
It is not an advance .
Since you had exported without filing LUT ( Letter of Undertaking ) , You need to pay IGST and then claim refund for taxes paid
Reply By Harish GV:
The Reply:
Thank you Shivkumar Sharma Sir and Anita Bhadra Mam for replying
Above replay is just example for me to understnad and the original transaction happened below
I received 100% full payment on July 27th 2018 from foreign client
Im

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ply is fixed at the point when advance is received, irrespective of the fact whether the supply is made or not. Accordingly, GST needs to be paid with reference to the time at which advance is received,
If a service exporter receives advances, it is beneficial to him to apply for refund at that stage itself.
Reply By KASTURI SETHI:
The Reply:
Govt. is very liberal regarding export whether of goods or services. Such procedural requirements do nit create hurdle in exporting under LUT ( without payment of tax). Govt. has been liberal since the inception of Central Excise Act.
Reply By Ganeshan Kalyani:
The Reply:
LUT is easy to apply and it beneficial as the exporter need not have to pay IGST. In my view, the querist is not liable to pay

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Company Denied Input Tax Credit on Cash Carry Vans Purchased for Business, Later Sold as Scrap.

Company Denied Input Tax Credit on Cash Carry Vans Purchased for Business, Later Sold as Scrap.
Case-Laws
GST
Input tax credit – purchase of motor vehicles i.e. cash carry vans – ITC is not a

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GST on used cars

GST on used cars
Query (Issue) Started By: – Ethirajan Parthasarathy Dated:- 18-8-2018 Last Reply Date:- 28-8-2018 Goods and Services Tax – GST
Got 4 Replies
GST
As per notification No.8/2018 Central Tax (rate )GST on used cars will be levied on margin.
The Margin has to be arrived at by deducting the WDV as on the date of supply from the consideration.
The income tax adopts Block system for allowing depreciation.
The WDV of The Block in which car being sold is clubbed, might have been wiped out, or brouht down substantially because sale value of any one asset included in the Block.
A question araises how to arrive at WDV of car being sold for purpose of GST.
Even otherwise, the income tax Act does not allow any proportioa

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n such Margin, and where the margin of such supply is negative, it shall be ignored;
Reply By Ganeshan Kalyani:
The Reply:
The date of purchase of car can be found out from the books of accounts. The formula for depreciation which you are applying to a block of asset as per income tax need to be applied to a particular asset under sale. You will get the written down value of the car. Now you can apply the formula as per the notification no. 8/2018 CTR to arrive as the gst payable.
Reply By Ramaswamy S:
The Reply:
If the selling price is higher than the book value, GST is payable on the difference between the book value and the selling price.
If the selling price is less than the book value, GST is not payable.
Regards
S.Ramaswamy
R

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In Re: M/s. Tag Solar System,

In Re: M/s. Tag Solar System,
GST
2018 (9) TMI 1333 – AUTHORITY FOR ADVANCE RULING, RAJASTHAN – 2018 (17) G. S. T. L. 532 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING, RAJASTHAN – AAR
Dated:- 18-8-2018
AAR No. RAJ/AAR/2018-19/11
GST
NITIN WAPA AND SUDHIR SHARMA MEMBER
Present for the applicant: Shri Pankaj Ghiya (Authorised Representative).
Note: Under Section 100 of the RGST Act 2017, an appeal against this ruling lies before the Appellate Authority for Advance Ruling constituted under section 99 of RGST Act 2017, within a period of30 days from the date of service of this order.
The Issues raised by the applicant are fit to pronounce advance ruling as they fall under ambit of the Section 97(2) (e), it is as given under:
(e) Determination of the liability to pay tax on any goods or services or both
Further, the applicant being a registered person, GSTIN: 08AAKFT3688D1ZT, as per the declaration given by him in Form ARA-01, the issue raised by the applicant is

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n by the Applicant which involves both the Supply of Goods and Supply of Services.
5. Applicant has no clarity with respect to the rate of tax on such Supply. As per their understanding it will be taxable at the rate of 5% being covered under Chapter 84 / 85 under the item “Solar Power Generating System”. Applicant has confusion that whether it would be treated as a Supply of goods and taxable at 5% or will it be treated as a works contract and charged at 18%.
2. Applicant's interpretation of law and/or facts:
RATE OF SOLAR POWER GENERATING SYSTEM
The item “Solar Power Generating Systems and parts for their manufacture” are taxable @ 5% under GST Act, 2017 vide Notification No. 01/2017-CT (Rate) dated 28.06.2017. The entry is reproduced herein below for your kind perusal:
Chapter
Heading
Particulars
84 or 85 or
94
Following renewable energy devices and parts for their manufacture
 
a) Bio-gas Plant
 
b) Solar Power based devices
 
c) Solar Power generatin

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ice” is reproduced as under:
“a thing made or adapted for a particular purpose, especially a piece of mechanical or electronic equipment”
Solar Water Pumping System is an equipment which harnesses solar energy in order to pump water. Therefore, it can also be alternatively classified as a “Solar Power based device” under Chapter 84 or 85.
Applicant has stated that item cannot be termed as an immovable property as these Solar Water Pumping Systems are screwed by nuts and bolts into the ground and can be removed by simply unscrewing the nuts and bolts and in no way do they get attached or affixed to the earth. The pumping sets do not get permanently attached to the ground and can at any time be removed from the fields. They are assembled at the site for maximum operational efficiency. When the item can simply be dismantled and removed from the ground at any given time and is not affixed to the earth permanently, the said goods cannot be categorized as an immovable property. As per app

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able property. Some of the components of water pump may even be assembled on site. That too will not make any difference to the principle. The test is whether the paper making machine can be sold in the market. The Tribunal has found as a fact that it can be sold. In view of that finding, we are unable to uphold the contention of the appellant that the machine must be treated as a part of the immovable property of the company. Just because a plant and machinery are fixed in the earth for better functioning, it does not automatically become an immovable property.”
 The same has also been held in the case of Commissioner of Central Excise vs. Solid & Correct Engg. Works & Ors. = 2010 (4) TMI 15 – SUPREME COURT, as under:
“23. The courts in this country have applied the test whether the annexation is with the object of permanent beneficial enjoyment of the land or building. Machinery for metal-shaping and electro-plating which was attached by bolts to special concrete bases and cou

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question are not per se immovable property.
(ii) Such plants cannot be said to be “attached to the earth” within the meaning of that expression as defined in Section 3 of the Transfer of Property Act.
(iii) The fixing of the plants to a foundation is meant only to give stability to the plant and keep its operation vibration free.
(iv) The setting up of the plant itself is not intended to be permanent at a given place. The plant can be moved and is indeed moved after the road construction or repair project for which it is set up is completed.
33. ….. In the instant case all that has been said by the assessee is that the machine is fixed by nuts and bolts to a foundation not because the intention was to permanently attach it to the earth but because a foundation was necessary to provide a wobble free operation to the machine. An attachment of this kind without the necessary intent of making the same permanent cannot, in our opinion, constitute permanent fixing, embedding or att

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lates to Supply of Solar Water Pumping Systems. There is one single Supply Tender which involves the Supply of the Systems to the recipient and the work of installation, maintenance, commissioning is ancillary to the activity of Supply of the Solar Water Pumping Sets. Since, the scope of Supply of the applicant involves provision of both goods and services, where the entire Supply is one transaction; it would qualify as a composite supply. The principal Supply in the present scenario would be provision of Solar Water Pumping System and so the entire contract should be taxable at the rate of 5%. As the service element forms only about in the whole provision of Supply.
3. Question(s) on which Advance Ruling is required:
1. Whether Supply, commissioning, installation and maintenance of Solar Water Pumping System would be taxable at the rate of 5% considering it as a composite supply where the principle supply being that of goods i.e. supply of Solar Power generating system having HSN Co

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licant was instructed to submit copy of Work Order and some sample bill which was done by them on a later date.
4.2 The jurisdictional officer in her comments has stated that the contract given to the applicant is of supply, installation, commissioning and maintenance of Solar Water pumping system in which the dealer has to deliver a functional solar water pumping system. Hence, it is a one single contract so it is to be treated as works contract and taxed @ 18% under GST. She further stated that separate bills one for supply of goods and other for supply of services cannot be generated as it is a single contract.
5. Findings and analysis:
As per copy of contract submitted by the applicant i.e. M/s. Tag Solar System has to execute “Supply of Solar Photovoltaic (SPV) water pumping system”. After going through the written submissions, copy of contract and other additional statements following findings and analysis are made:
a) M/S Tag Solar System, is a partnership firm is engaged in

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f the Final Acceptance.
e) Schedule IV -(Scope of works) of EOI clearly spells out the terms and conditions where contractor has to undertake works of supply installation and commissioning of Solar Photovoltaic (SPV) water pumping system as per specific demands of the owner. So it is not the something sold out of shelf.
f) There is a single lump sum price for the entire work undertaken by the applicant.
g) After completing installation and commissioning of system, final payment shall only be made on basis of satisfactory inspection and verification report.
h) The applicant has laid claim under notification No 01/2017-CT (Rate) dated 28.06.2017, at S.No. 234, under HSN Classification 84, 85 and 94, for description:
* Following renewable energy devices & parts for their manufacture
(c) Solar Power Generating System
The rate of CGST has been mentioned as 2.5%. According to assessee, the correct classification of given supply should be Chapter 84: Solar Power Generating System at t

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contract service.
j) Applicant has relied upon following judgment and Circular in furtherance of their arguments of Solar Photovoltaic (SPV) water pumping system being movable property and not immovable:
i) Sirpur Paper Mills Ltd. v. Collector – 1998 (97) E.L.T. 3 (S.C.) = 1997 (12) TMI 109 – SUPREME COURT OF INDIA
ii) CBEC circular number 58/1/2002-CX dated 15/1/2002
iii) Commissioner of Central Excise, Ahmedabad v. Solid and Correct Engineering Works [(2010) 5 SCC 122 = 2010 (4) TMI 15 – SUPREME COURT
Relying on aforesaid judgements and citations the applicants contention is that as the Solar Photovoltaic (SPV) water pumping system, once installed is capable of being removed and transferred from one place to another without substantial damage hence same should qualify as movable property. Hence in view of above precedence and facts of the case, the given supply should be treated as supply of Solar Photovoltaic (SPV) water pumping system.
k) As per the terms and condition lai

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OF ALLAHABAD, wherein, the Court held that a machinery fixed to their bases with bolts and nuts although easily removable are not movable property when they have been set up with definite object of running an oil mill and not with intention of being removed after a temporary use.
2. In decision of M/s. T.T.G. Industries Ltd vs Collector of Central Excise, (2004) 4 SCC 751 on 7 May, 2004 = 2004 (5) TMI 77 – SUPREME COURT OF INDIA. The facts of the case are as follows:
The facts of the case are not in dispute. The appellant-company pursuant to the acceptance of its tender, entered into an agreement with M/s. SAIL, Bhilai Steel Plant for design, supply, supervision of erection and commissioning of four sets of Hydraulic Mudguns and Tap Hole Drilling Machines required for blast furnace Nos. 4 and 6 of the Bhilai Steel Plant. For this purpose, it imported several components and also manufactured some of the components at their factory in Marai Malai Nagar, Chennai. These components were

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for exerting a force of 240-300 tons to fill up the hole in the furnace. The blast furnace in which the inputs are loaded is a massive vessel of 1719 m cubic metre capacity and the size of its outer diameter is 10.6 metres, and the height 31.25 metres. Hot air at 1200 degrees centigrade is fed into the blast furnace at various levels to melt the raw materials. With a view to protect the shell against heat, the blast furnace is lined with refractory brick of one metre thickness. Thus, the drilling machine has to drill a hole through one metre thickness of the refractory brick lining. The drilling machine as well as the mudgun are erected on a concrete platform described as the cast house floor which is in the nature of a concrete platform around the furnace. The cast house floor is at a height of 25 feet above the ground level. On this platform concrete foundation intended for housing drilling machine and mudgun are erected. The concrete foundation itself is 5 feet high and it is grout

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gh near the concrete platform where drilling machine and mudgun has to be erected. The weight of the mudgun is approximately 19 tons and the weight of the drilling machine approximately 11 tons. The volume of the mudgun is 1.5 x 4.5 x 1 metre and that of the drilling machine 1 x 6.5 x 1 metre. Having regard to the volume and weight of these machines there is nothing like assembling them at ground level and then lifting them to a height of 25 feet for taking to the cast house floor and then to the platform over which it is mounted and erected. These machines cannot be lifted in an assembled condition.
The judicial member noticing these facts observed that it is a physical and engineering impossibility to assemble mudguns or the drill tap hole machines elsewhere in a fully assembled condition and thereafter erect or install the same at a height of 25 feet on the cast floor of the blast furnace. She found that even the Adjudicating Authority conceded the fact that the equipments have to

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Tulaman Manufacturers Pvt. Ltd = 1988 (9) TMI 51 – SUPREME COURT OF INDIA.  She found support for her conclusion in the decision of this Court in Municipal Corporation of Greater Bombay & Ors. v. The Indian Oil Corporation Ltd. (1991) Supp. (2) SCC 18 = 1990 (11) TMI 407 – SUPREME COURT; and held that the twin tests laid down by this Court to determine whether assembly/erection would result in immovable property or not were fully satisfied in the facts of this case. She concluded :-
“The test laid down by the Supreme Court is that if the chattel is movable to another place as such for use, it is movable but if it has to be dismantled and reassembled or re-erected at another place for such use, such chattel would be immovable. In the present appeal, even according to the finding of the Collector, mudguns and drill tap hole machines have to be dismantled and disassembled from the cast floor before being erected or assembled elsewhere. We have also arrived at the same conclusion in

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had put up, apart from other structures and buildings, six oil tanks for storage of petrol and petroleum products. Each tank rested on a foundation of sand having a height of 2 feet 6 inches with four inches thick asphalt layers to retain the sand. The steel plates were spread on the asphalt layer and the tank was put on the steel plates which acted as bottom of the tanks which rested freely on the asphalt layer. There were no bolts and nuts for holding the tanks on to the foundation. The tanks remained in position by its own weight, each tank being about 30 feet in height 50 feet in diameter weighing about 40 tons. The tanks were connected with pump house with pipes for pumping petroleum products into the tank and sending them back to the pump house. The question arose in the context of ascertaining the rateable value of the structures under the Bombay Municipal Corporation Act. The High Court held that the tanks are neither structure nor a building nor land under the Act. While allow

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d if it becomes necessary to move it, it has first to be dismantled and then re-erected at another place. This factual position was also accepted by the Adjudicating Authority.
The technical member, however, held that the aforesaid decision was of no help to the appellant inasmuch as a leading international manufacturing firm had offered such machines for export to different parts of the world. He further observed that though on account of their size and weight, it may be necessary to shift or transport them in parts for assembly and erection at the site in the steel plant, they must nevertheless be deemed as individual machines having specialized functions. We are not impressed by this reasoning, because it ignores the evidence brought on record as to the nature of processes employed in the erection of the machine, the manner in which it is installed and rendered functional, and other relevant facts which may lead one to conclude that what emerged as a result was not merely a machine

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the Excise Act are that it must be a goods mentioned either in the Schedule or under Item 68 and must be marketable. The word “goods” applied to those which can be brought to market for being bought and sold and therefore, it implied that it applied to such goods as are movable. It noticed the decisions of this Court laying down the marketability tests. Thereafter this Court observed :-
“The basic test therefore, of levying duty under the Act is two fold. One, that any article, must be a goods and second, that it should be marketable or capable of being brought to market. Goods which are attached to the earth and thus become immoveable do not satisfy the test of being goods within the meaning of the Act nor it can be said to be capable of being brought to the market for being bought and sold. Therefore, both the tests, as explained by this Court, were not satisfied in the case of appellant as the tube mill or welding head having been erected and installed in the premises and embedded

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decisive test for dutiability. It meant that the goods were saleable or suitable for sale, that is to say, they should be capable of being sold to consumers in the market, as it is, without anything more. The Court then referred to the decision in Quality Steel Tubes (supra) and distinguished the judgment in Narne Tulaman (supra) holding that the contention that the weigh bridges were not goods within the meaning of the Act was neither raised nor decided in that case. After considering the material placed on the record it was held that the mono vertical crystalliser has to be assembled, erected and attached to the earth by a foundation at the site of the sugar factory. It is not capable of being sold as it is, without anything more. This Court, therefore, concluded that mono vertical crystallisers are not “goods” within the meaning of the Act and, therefore, not exigible to excise duty. In Triveni Engineering & Indus. Ltd. v. CCE – 2000 (120) E.L.T. 273 = 2000 (8) TMI 86 – SUPREME COU

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or purposes of the Act. From a combined reading of the definition of 'immovable property' in Section 3 of the Transfer of Property Act, Section 3(25) of the General Clauses Act, it is evident that in an immovable property there is neither mobility nor marketability as understood in the Excise Law. Whether an article is permanently fastened to anything attached to the earth require determination of both the intentions as well as the factum of fastening to anything attached to the earth. And this has to be ascertained from the facts and circumstances of each case.”
It was also held that the decision of this Court in Sirpur Paper Mills Ltd. must be viewed in the light of the findings recorded by the CEGAT therein, that the whole purpose behind attaching the machine to a concrete base was to prevent wobbling of the machine and to secure maximum operational efficiency and also safety. In view of those findings it was not possible to hold that the machinery assembled and erected by

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right in reaching the conclusion that what ultimately emerged as a result of processes undertaken and erections done cannot be described as “goods” within the meaning of the Excise Act and exigible to excise duty. We find considerable similarity of facts of the case in hand and the facts in Mittal Engineering and Quality Steel Tubes (supra) and the principles underlying those decisions must apply to the facts of the case in hand. It cannot be disputed that such drilling machines and mudguns are not equipments which are usually shifted from one place to another, nor it is practicable to shift them frequently. Counsel for the appellant submitted before us that once they are erected and assembled they continue to operate from where they are positioned till such time as they are worn out or discarded. According to him they really become a component of the plant and machinery because without their aid a blast furnace cannot operate, it is not necessary for us to express any opinion as to wh

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n on instructions of the Rajasthan Horticulture Development Society under subsidy scheme wherein the Solar Water Systems are required to be installed at the farmer's field meant for supply of water using solar energy. Such plant would therefore have an inherent element of permanency.
2) The output of the project i.e. water, using solar energy would be available to an identifiable consumer. Thus this output supply would involve an element of permanency for which it would not be possible and prudent to shift base from time to time or locate the plant elsewhere at frequent intervals.
3) The Solar Photovoltaic (SPV) water pumping system cannot be shifted to any other place without dismantling the same. Further it is tailored made system which cannot be sold “as it is” to the other person.
4. Contract also includes civil work such as development of site, structure foundation for mounting PV modules on metallic structures and fencing of the system to ensure security and safety and such ot

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nt case the solar power water pumping system has an element of permanency.
7. The applicant has laid claim under notification No 01/2017-CT (Rate) dated 28.06.2017, at S.No. 234, under HSN Classification 84, 85 and 94 and has regarded the instant transaction as supply of i) “Solar Power Generating System and also at the same time he regards it as supply of ii) “Solar Power Based Devices” treating such supplies to be taxable at the rate of 5%.
8. The applicant has to supply a “Functional Solar Photovoltaic (SPV) water pumping system” as a whole which includes supply, installation and commissioning, maintenance for 10 years, hence instant transaction is neither a supply of i) “Solar Power Generating System” and nor a supply of ii) “Solar Power Based Devices”.
9. As can be seen, the above entry under the notification describes the Tax rate on 'Goods'. If the transaction is supply of goods i.e. supply of either “Solar Power Generating System” or supply of “Solar Power Based Devices” the

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ing System or Solar Power Based Devices under notification No 01/2017-CT (Rate) dated 28.06.2017, at S.No. 234, under HSN Classification 84, 85 and 94 is not applicable.
Based on above facts along with provision of law the ruling is as follows:
RULING
1 As per the statement of facts submitted by the applicant, the scope of work includes procurement, supply, development, testing, commissioning and providing maintenance service for 10 years in respect of supply of a Solar Photovoltaic (SPV) water pumping system. Accordingly it is not getting covered under supply of 'Solar Power Generating System' under Entry 234 of Schedule I of the Notification no. 1/2017 – Central Tax (Rate), dated 28th of June, 2017 under HSN code 84 or 85. “Supply, installation, commissioning and maintenance of Solar Water Pumping Systems” falls under the purview of Works Contract as per Section 2(119) of GST Act.
2 The applicant has sought a clarification on division of contract in two, one for supply of materia

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IN RE: SMITA GUPTA

IN RE: SMITA GUPTA
GST
2018 (9) TMI 1418 – AUTHORITY FOR ADVANCE RULING, RAJASTHAN – [2018] 59 G S.T.R. 242 (AAR), 2018 (17) G. S. T. L. 438 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING, RAJASTHAN – AAR
Dated:- 18-8-2018
AAR No. RAJ/AAR/2018-19/12
GST
NITIN WAPA AND SUDHIR SHARMA MEMBER
Present for the applicant: Mr. Ranjan Mehta, (CA) Authorised Representative
Note: Under Section 100 of the RGST Act 2017, an appeal against this ruling lies before the Appellate Authority for Advance Ruling constituted under section 99 of RGST Act 2017, within a period of30 days from the date of service of this order.
The Issue raised by the applicant is fit to pronounce advance ruling as it falls under ambit of the Section 97(2) (a), it is given as under:
(a) Classification of any goods or services or both;
Further, the applicant being a registered person, GSTIN is 08AEOPG3970K1Z1, as per the declaration given by him in Form ARA-01, the issue raised by the applicant is neith

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re supplied as part of a complete sprinkler or drip irrigation system and also as spares separately as and when required by farmer for replacement.
3. All above items are used by the farmers and most of the items do not have an independent use. They are used only as part of Sprinkler or Drip irrigation system for the purpose of irrigation only.
2. Taxability
The applicant stated that these items fall under Chapter 84 of the Customs Tariff Act, 1975 under heading 8424 which reads as follows:-
MECHANICAL APPLIANCES (WHETHER OR NOT HAND OPERATED) FOR PROJECTING, DISPERSING OR SPRAYING LIQUIDS OR POWDERS; FIRE EXTINGUISHERS, WHETHER OR NOT CHARGED; SPRAY GUNS AND SIMILAR APPLIANCES; STEAM OR SAND BLASTING MACHINES AND SIMILAR JET PROJECTING MACHINES.
These items are used in the process of irrigation by means of which water is dispersed or sprayed on to the plants.
For heading 8424 there are 3 entries of taxation in notification no 01 / 2017 Central Tax (Rate) dated 28.06.2017, as ame

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no 27/2017 Central Tax (Rate) dated 22.09.2017 and 06/2018 Central Tax (Rate) dated 25-01-2018
5. Till 22.09.2017 all the items listed under tariff heading 8424 were taxable @ 18% (9% CGST + 9% SGST) vide entry no 345 of schedule III of notification no 01/2017.
6. Vide notification no 27/2017 dated 22.09.2017 nozzles of the sprinklers and the drip irrigation system were carved out of this entry no 345 of schedule III of Notification no 01/2017and were put into Schedule II as entry no 195A to be taxed @ 12% after representations were made from various sections of the industry being an agricultural input.
7. The nozzles form a very small part of these irrigation systems (Although an important one), later vide notification no. 06/2018 dated 25.01.2018 a new entry was introduced as entry no 195B “Sprinklers; drip irrigation system including laterals; mechanical sprayers”. This entry included all the lateral parts of these irrigation systems into Schedule Il also, in addition to the Nozz

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used to irrigate agricultural crops, lawns, landscapes, golf courses, and other areas. They are also used for cooling and for the control of airborne dust. Sprinkler irrigation is a method of applying irrigation water which is similar to natural rainfall. Water is distributed through a system of pipes usually by pumping”
Sprinkler include firing Nozzle, pipes, clamps, foot buttons and different other items through which the system works.
Drip Irrigation is also not defined in the law. However its definition as per various sources is as follows:-
“Drip irrigation, which is also sometimes referred to as micro-irrigation or trickle irrigation, consists of a network of pipes, tubing valves, and emitters. Drip in-igation is defined as any watering system that delivers a slow moving supply of water at a gradual rate directly to the soil”
This system also includes nozzles, pipes, clamps, elbow, tee etc. to form a complete system and work.
10. The applicant contented that the items supp

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3 Personal Hearing (PH)
In the matter personal hearing was given to the applicant, Mr. Ranjan Mehta, CA, (Authorised Representative) of applicant appeared for personal hearing on 20.07.2018. During the PH he reiterated that the case may be decided as per submission already made in the application for Advance Ruling. He has sought time to submit statements regarding the explanation of Sprinkler system vis-å-vis Sprinkler which was submitted on a later date. Further, he has requested to decide the case at the earliest.
4. The jurisdictional officer in her comments has stated that the Entry relating to Sprinkler does not include Sprinkler irrigation system nor does it include laterals. Hence, the goods in question will attract 12% GST(SGST 6% + CGST 6%).
5. Findings and analysis:
Before we set to decide the issues raised in Advance Ruling Application we should analyse and understand the meaning of certain relevant items/commodities relating to entries of the notification in qu

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m usually consists of the following components:
(i) A Pumping Unit
(ii) Tubings- main/sub-mains and laterals
(iii) Couplers
(iv) Sprinkler head
(v) Other accessories and laterals such as valves, bends, plugs and risers.
(i) Pumping Unit: Sprinkler irrigation systems distribute water by spraying it over the fields. The water is pumped under pressure to the fields. The pressure forces the water through sprinklers or through perforations or nozzles in pipelines and then forms a spray.
(ii) Tubings: Mains/submains and laterals: The tubings consist of mainline, submanins and laterals. Main line conveys water from the source and distributes it to the submains. The submains convey water to the laterals which in turn supply water to the sprinklers.
(iii) Couplers: Couplers are used for connecting two pipes and uncoupling quickly and easily.
(iv) Sprinkler Head: Sprinkler head distribute water uniformly over the field without runoff or excessive loss due to deep percolation. Different

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he roots of plants, either from above the soil surface or buried below the surface. The goal is to place water directly into the root zone and minimize evaporation. Drip irrigation systems distribute water through a network of valves, pipes, tubing, and emitters.
Components of Drip Irrigation System: A typical system consists of a source of water supply, pumping unit, main lines, laterals and emitters. Auxiliary components include filters, pressure regulators, valves and equipment for mixing fertilizers etc.
1. Filters: Filters are used to remove undesirable material from the water supply before it enters the distribution system and creates the potential for emitter clogging.
2. Main lines: The main line carries the water from the filtration system to the submain.
3. Submain: The submain distribute the water from main line to the laterals.
4. Laterals: The lateral distribute water to the emitter which deliver water directly to the root zone.
5. Emitters or drippers: The dripper o

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mmet. Grommet acts as a seal. The sizes are different for 12 mm and 16 mm laterals.
12. End cap: They are used to close the lateral ends, submain ends or main ends. Submains and mains are preferably provided with flush valve.
13. Fertilizer system: It is used to add the chemicals (nutrients, herbicides, pesticides etc.) to the irrigation water.
d) Laterals:
Meaning of Laterals
“relating to the sides of an object or plant or to sideways movement”
“something that is extending to the side or moving to the side”
6. Conclusion :
The applicant has contended that along with nozzles later vide notification no. 06/2018 dated 25.01.2018 a new entry was introduced as entry no 195B “Sprinklers; drip irrigation system including laterals; mechanical sprayers” which included all the lateral parts of these irrigation systems into Schedule II also .
On perusal of above entry it is clear that laterals related only to drip irrigation systems have been covered under this entry and laterals of spr

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e), Latch clamps, C clamps, Riser Pipes, Rubber Rings, Tee, Clamps, Foot button, Ripit, Nozzle are all laterals to the sprinklers which when assembled with sprinkler constitutes Sprinkler Irrigation System.
In case of drip irrigation system as per entry No.195A and 195 B of the schedule II of Notification No. 1/2017 – CT (Rate) dated 28-6-2017, later amended by Notification No.27/2017 CT- (Rate) dated 22.09.2017 and 6/2018 – CT (Rate) dated 25-1-2018 respectively, covers “Nozzles for drip irrigation equipments” and “drip irrigation system including laterals” and would attract GST (CGST 6% + SGST 6%).
In case of Sprinklers as per entry No. 195A and 195 B of the schedule II of Notification No. 1/2017 – CT (Rate) dated 28-6-2017, later amended by Notification No. 27/2017 CT- (Rate) dated 22.09.2017 and 6/2018 – CT (Rate) dated 25-1-2018 respectively covers only “Nozzles for Sprinkler” and “Sprinklers” which would attract GST 12% (CGST 6% + SGST 6%).
As discussed above, unlike as in the

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Exemption from Payment of Customs Duty and IGST to specified free gifts, donations, relief and rehabilitation materials imported by Charitable Organisations

Exemption from Payment of Customs Duty and IGST to specified free gifts, donations, relief and rehabilitation materials imported by Charitable Organisations
29/2018 Dated:- 18-8-2018 Trade Notice
Customs
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS
OFFICE OF THE COMMISSIONER OF CUSTOMS
CUSTOM HOUSE, WILLINGDON ISLAND, COCHIN-682009
F.No. S. 65/13/2018 CCU Cus.
Dated: 18.08.2018.
Public Notice 29/2018
Sub: Exemption from Payment of Customs Duty and IGST to specified free gifts, donations, relief and rehabilitation materials imported by Charitable Organisations- reg.
In light of the widespread floods which has devastated the lives of the people of Kerala and has necessitated urgent rescue operations and setting up of relief camps to bring succour to the affected people, several organizations have approached this office to issue clarification on the liability of Customs duty liability on the import of the goo

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liance of the Conditions mentioned in the Notification No. 148/94-Customs dated 13.07.1994, as reproduced below:
(i) The said goods have been imported by a charitable Organisation in India as free gift to it from abroad or purchased out of donations received abroad in foreign exchange by it;
(ii) The said goods are for free distribution to the poor and the needy without any distinction of caste, creed or race;
(iii) The importer, at the time of importation of the said goods:-
(a) Produces a certificate to the Assistant Commissioner of Customs from the State Government concerned or from person or institution specified by the Central Board of Excise and Customs certifying that it is a bonafide organisation engaged in relief work and in the distribution of relief supplies to the poor and the needy without any distinction of caste, creed or race; or
(b) Otherwise satisfies the Assistant Commissioner in this regard;
(iv) The Assistant Commissioner is satisfied, having regard to the

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creed or race;
(vi) Where the said goods have been purchased out of donations received abroad in foreign exchange, the organisation has been permitted to maintain an account abroad by the Reserve Bank of India for the purpose of receiving funds donated overseas.
4. In addition to the above, any importer, may seek Ad hoc exemption under Section 25 (2) of Customs Act, 1962 for import of any goods to be supplied as aid and relief material including other than those mentioned at S1.No.01 of Notification No. 148/94 – Customs dated 13.07.1994. For this purpose, an application shall be made by the importer to CBIC as prescribed by Circular No. 9/2014, dated 19.08.2014.
5. For the importation of goods by any importer other than the Charitable Organisations mentioned above who wants to avail the exemption from Customs Duty and IGST, the exemption shall be subject to the issue of general exemption by CBIC in due course.
6. Difficulties in this regard may please be brought to the notice of t

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Tax Audit Report Changes: GAAR and GST Reporting in Form 3CD Deferred Until March 31, 2019.

Tax Audit Report Changes: GAAR and GST Reporting in Form 3CD Deferred Until March 31, 2019.
Circulars
Income Tax
Tax Audit Report u/s 44AB – Form 3CD – the proposed clause 30C and proposed cl

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Court Rules Cab Fare Subject to GST; Company Must Pay Tax on Customer Payments u/s 9 of GST Act.

Court Rules Cab Fare Subject to GST; Company Must Pay Tax on Customer Payments u/s 9 of GST Act.
Case-Laws
GST
Levy of GST – Whether the money paid by the customer to the driver of the cab fo

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E-Unit to Diamond Conversion Now Taxable Under Goods and Services Tax Act: Supply of Diamonds.

E-Unit to Diamond Conversion Now Taxable Under Goods and Services Tax Act: Supply of Diamonds.
Case-Laws
GST
Levy of GST – Supply or not – The conversion of e-Units into diamonds would consti

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Derivative Contracts in E-Units Settled Without Physical Diamonds Exempt from GST as Securities Transactions.

Derivative Contracts in E-Units Settled Without Physical Diamonds Exempt from GST as Securities Transactions.
Case-Laws
GST
Levy of GST – diamonds – e-units – The derivative contracts in e-Un

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GST Reverse charge liability u/s 9(3) and 9(4) of CGST Act, 2017

GST Reverse charge liability u/s 9(3) and 9(4) of CGST Act, 2017
By: – Ganeshan Kalyani
Goods and Services Tax – GST
Dated:- 17-8-2018

Normally, GST is payable by a taxable person supplying goods or services or both. However, in some cases, GST is payable by the person receiving the goods or services or both. This is termed as reverse charge mechanism. The term 'reverse charge' as defined in the Act is reproduced below:
''reverse charge'' means the liability to pay tax by the recipient of goods or services or both instead of the supplier of goods or services or both under sub-section (3) or sub-section (4) of section 9, or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act;''
There are two provisions under which GST is payable under reverse charge:
A) The first one is payable under section 9(3) of CGST Act, 2017. A list of goods and services on which the tax is payable under the said section is notified thru notificat

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tax shall be paid by the lottery distributor or selling agent, being the recipient of supply of said goods.
The category of services enumerated in the notification no. 13/2017 are discussed below in detail:
Goods Transport Agency (GTA):
A Goods Transport Agency (GTA) means any person who provides service in relation to transport of goods by road and issues consignment note, by whatever name called. The tax on GTA service is payable by the recipient being any factory registered under or governed by the Factories Act, 1948; or any society registered under the Societies Registration Act, 1860 or under any other law for the time being in force in any part of India; or any co-operative society established by or under any law; or any person registered under the CGST Act or IGST Act or the SGST Act or the UTGST Act; or any body corporate established, by or under any law; or any partnership firm whether registered or not under any law including association of person; or any casual taxable p

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dated 28.06.2017.
Legal consultancy service:
A legal consultancy service means any service supplied in relation to advice, consultancy or assistance in any branch of law, in any manner and includes representational services before any court, tribunal or authority. Any business entity located in the taxable territory receiving legal service from an individual advocate including a senior advocate or firm of advocates by way of legal services, directly or indirectly shall pay tax under reverse charge basis.
A service provided by a partnership firm of advocate or an individual as an advocate other than a senior advocate, by way of legal service to an advocate or partnership firm of advocates providing legal services; or to any person other than a business entity; or to a business entity with an aggregate turnover up to twenty lakh rupees (ten lakh rupees in the case of a special category states) in the preceding financial year; or to the Central Government, State Government, Union Terri

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Department of Posts by way of speed post, express parcel post, life insurance, and agency services provided to a person other than Central Government, State Government or Union territory or local authority; services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport; and transport of goods or passengers.
A person registered under the CGST Act, 2017 shall pay tax on the services of renting of immovable property received from the Central Government, State Government, Union territory or local authority, services
Service supplied by a Director of a company or a body corporate:
The company or a body corporate located in the taxable territory shall pay GST under reverse charge on receiving service from a director of a company or a body corporate.
Service supplied by an insurance agent:
Any person carrying on insurance business, located in the taxable territory shall pay GST under reverse charge on the services supplied by an insurance agent.

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any or a non-banking financial company located in the taxable territory shall pay tax under reverse charge on receiving service from an individual direct selling agent other than a body corporate, partnership or limited liability partnership firm.
B) GST liability u/s 9(4) of CGST Act, 2017
The second method of payment of GST under reverse charge is provided u/s 9(4) of CGST Act. As per the said provision a registered person shall pay tax on receiving goods or services or both from a person who is not registered under GST.
Further, vide Notification no. 8/2017-CTR dated 28.06.2017 the tax payment as required u/s 9(4) was exempted if the aggregate value of the supplies of goods or services or both received by a registered person from any or all the suppliers, who is or are not registered does not exceeds ₹ 5000/-.
Thereafter, the provision of section 9(4) of CGST Act, was suspended till 31.03.2018 vide Notification no. 38/2017-CTR dated 13.10.2017. It was again suspended till

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under GST and collected GST , is RCM still applicable for specified catagory of persons?
Dated: 18-8-2018
Reply By KASTURI SETHI as =
In that situation, only FCM is applicable.
Dated: 18-8-2018
Reply By GAJESH GUPTA as =
Sir,
As per recent notification Government has finally imposed the Reverse Charge Mechanism starting from 01.02.2019.
Please confirm whether it is for 9(3) and 9(4) and both of GST act.
Dated: 11-2-2019
Reply By Ganeshan Kalyani as =
It is for Section 9(4). However, the list of person who shall pay tax under reverse charge on purchase from an unregistered dealer is not yet notified.
Dated: 12-2-2019
Reply By SHUBHAM AHUJA as =
DEAR SIR
AS PER LATEST NOTIFICATION OF RCM UNDER SECTION 9(4) IS IT EFFECTIVE FROM 01.02.2019 , CAN YOU PLEASE RCM UNDER SECTION 9(3) WAS SUSPENDED OR NOT
Dated: 1-3-2019
Reply By Ganeshan Kalyani as =
RCM under Sec 9 (3) is already inforce. Security service is being added from 1st Jan 2019.
Dated: 1-3-2019
Reply By SHUBHA

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Can i Claim

Can i Claim
Query (Issue) Started By: – Harish GV Dated:- 17-8-2018 Last Reply Date:- 20-8-2018 Goods and Services Tax – GST
Got 5 Replies
GST
Im a self employee & providing software services to inside/outside India, all my services transactions was credited to my personal saving bank account, but first time I provided software service to US within few days ago and received very big amount to my personal saving bank account and not yet converted to Indian currency(Bank needs disposal instructions for FOREX department to convert it into Indian currency and credit to my bank account).
Later I opened current account with trade name(sole proprietorship), registered the GST, Taken LUT Bond, within a one or two days i'm getting

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use that money for hiring employees and renting new office, etc..?
Thanks
Reply By DR.MARIAPPAN GOVINDARAJAN:
The Reply:
Whether the invoices were issued in the name of sole proprietorship or in the name of individual?
Reply By Harish GV:
The Reply:
Thank you for replying Dr. Mariappan Govindarajan
From the buyer side i received invoice in the name of individual
Reply By ANITA BHADRA:
The Reply:
Dear Sir
point wise reply to your query :-
(a) Point of taxable event for software exporter is – Earliest of Advance Received,/ Provision of services/Invoice raised ..
In your case point of taxable event is PROVISION OF SERVICES
(b) GST REGISTRATION FOR SOFTWARE EXPORT SERVICES
export service is an inter-state taxable supply and liable

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ing month ( the date you received advance / registered in GST )
USE OF MONEY
In GST Act , use of money is not restricted . As long as you are paying applicable GST , The only concern is availing Input Tax Credit on payment for business purpose .
You can claim refund for input expenditure made in course of export of services.
Reply By Harish GV:
The Reply:
Thank you Anita Bhadra mam for replying
and thank you clarifying about the Advance Payment, what i received is a full payment of service and service was exported before receiving the payment itself, i listed details below with time frame
* Service was exported on 25th July 2018
* July 27th 2018 i received amount to my personal saving bank account, invoice sent from the buyer i

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Tax Audit Report – For 3CD – reporting of information regarding GAAR and GST deferred.

Tax Audit Report – For 3CD – reporting of information regarding GAAR and GST deferred.
06/2018 Dated:- 17-8-2018 Circular
Income Tax
Circular No. 6/2018
F. No. 370142/9/2018-TPL
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
TPL Division
****
New Delhi, Dated the 17th of August, 2018
Order under section 119 of the Income-tax Act, 1961
Section 44AB of the Income-tax Act, 1961 ('the Act') read with rule 6G of the Income-tax Rules, 1962 ('the Rules') requires prescribed persons to furnish the Tax Audit Report along with the prescribed particulars in Form No. 3CD. The existing Form No. 3CD was amended vide notification no. GSR 666(E) dated 20th July, 2018 with effect from 20th Augu

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IN RE: AAKASH ENGINEERS

IN RE: AAKASH ENGINEERS
GST
2018 (9) TMI 699 – AUTHORITY FOR ADVANCE RULING, DAMAN, DIU AND DADAR AND NAGAR HAVELI – 2018 (17) G. S. T. L. 40 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING, DAMAN, DIU AND DADAR AND NAGAR HAVELI – AAR
Dated:- 17-8-2018
Order No. 03/AR/Daman-Silvassa/2018
GST
SHRI SATISH KUMAR AND SHRI KANNAN GOPINATHAN, IAS MEMBER
Any person deeming himself aggrieved by this Advance Ruling may appeal against the Ruling before the Appellate Authority for Advance Ruling, in terms of Section 100 of the Central Goods & Service Tax Act, 2017. Such appeal shall be done within 30 days from the date of the communication of the order. The appeal papers shall bear fee of Rs. 10,000/- as provided under Rule 106(1) of the Central Goods & Service Tax Rules,2017.
The Appeal should be filed in Form GST ARA-02, prescribed under sub-rule (1) of Rule 106 & GST ARA-03 of the Central Goods & Service Tax Rules, 2017, as the case maybe, duly signed by the person specif

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Cargo Trolley used to carry Cargo from one place to another, towable in nature and has solid tyre design for transportation of baggage and light cargo with a minimum payload. The trolley is rugged and is suitable and treated for outdoor use.
To verily the facts, application of the assessee was forward vide letter F.No. V/AR-07/Aakash/DUM/2017-18 dtd 24.05.2018 to the Assistant commissioner, Div-VI, GST& CR Silvassa, Daman Commissionerate for examination and their detailed reports on the following points was called for:-
I. Classification of the said goods under Central Excise Tariff Act,1985;
II. Whether any issue on the subject matter has been decided by the appellate Authority In their own case of the assessee or other cases. If Yes, please furnish the copy of the said orders;
Ill. What is prevalling practice of classification of the product In question? and
IV. Their report on classification of the subject goods under GST regime with supporting Case Laws/Notifications/Circulars

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ge/cargo trolly used at Air Cargo Complex/Airport for shifting baggage/goods/parcels from airline warehouse to on board the flights and vice versa. On going through the GST Tariff Act, 2017, it is noticed that there is no specific entry for the said product. However, it appears to be classifible under heading 87168090.
3. Defence submission and records of personal Hearing:
To abide by the law of natural justice, the assessee were given a chance to be heard in person vide letter dtd.24.07.2018. they were also requested vide said letter to submit documentary evidence in support of their claim, if any, In compliance of the said PH letter.
Shri Milan R. Shah, authorized representative of the applicant appeared for personal hearing on 06.08,2010. During the personal hearing, he submitted that as per their understanding the correct classification of the product appears to be 87169090. However, if in the above Chapter, the product is not classifiable then it may be considered as miscellane

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overs “Fork-lift trucks; other works trucks fitted with lifting or handling equipment”. It is very clear that major head 8427 covers fork lift trucks or other works trucks fitted with lifting or handling equipment which is different from the product manufactured by the assessee. Therefore, it is concluded that the product i.e. Cargo Trolley used to carry Cargo from one place to another, towable in nature and has solid tyre designed for transportation of baggage and light cargo with a minimum payload. The trolley is rugged and is suitable and treated for outdoor use, does not fall under HSN 84279000 which is specifically classified for other trucks.
4.2 Now we refer to the Chapter Note of Heading 8716 under GST Tariff which reads as under-
8716: Trailers and Semi Trailers; Other Vehicles, Not Mechanically Propelled; Parts Thereof
87161000 : Trailers And Semi Trailers; Other Vehicles, Not Mechanically Propelled; Parts Thereof Trailers And Semi Trailers Of The Caravan Type, For Housing

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ly Propelled; Parts Thereof Other Vehicles Animal Drawn Vehicles
87168090: Trailers And Semi Trailers; Other Vehicles, Not Mechanically Propelled; Parts Thereof Other Vehicles Other
87169010: Trailers And Semi Trailers; Other Vehicles, Not Mechanically Propelled; Parts Thereof: Parts And Accessories of Trailers
87169090: Trailers And Semi Trailers; Other Vehicles, Not Mechanically Propelled; Parts Thereof parts Other
4.2.1 On going through the HSN description of 8716, we find that HSN 8716 covers product Trailers and Semi Trailers; Other Vehicles, Not Mechanically Propelled; Paris thereof whereas the assessee manufacture product Cargo Trolley used to carry Cargo from one place to another, towable in nature and has solid tyre designed for transportation of baggage and light cargo with a minimum payload. The trolley is rugged and is suitable and treated for outdoor use which is nearer to their product Therefore, we jointly take a view that their product i.e. Cargo Trolley used to car

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arified that the appropriate classification of the item would be under heading 87.16. The CEGAT however has held in this case that the correct classification of Hand Pallet Trucks is under chapter heading 84.27 of CETA, 1985. An appeal against the CEGAT judgement has been filed before Apex Court.
2. In case of a similar product described as Hand Trolley, the CEGAT has held (in the case of Gujrat Industrial Trucks Ltd. Vs. CCE Baroda = 2000 (9) TMI 473 – CEGAT, MUMBAI) that the correct classification of the item is under chapter heading 87.16 of CETA 1985.
3. The matter has been examined by the Board. In view of Ministry's stand to appeal against the CEGAT decision in the case of jaldoot Material Handling Pvt. Ltd., and also the Judgement in the case of Gujrat Industrial Trucks Ltd. Vs. CCE Baroda, it is clarified that the correct classification of the Hand Pallet Trucks/Trolley is under Heading 87.16. However, since in the case of jaldoot Material Handling Pvt. Itd. = 2002 (3) TMI 52

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tyre designed for transportation of baggage and light cargo with a minimum payload. The trolley is rugged and is suitable and treated for outdoor use is merit classification under major bead 8716.
4.3.2 Now we discuss the product presently classified by the assessor under the HSN 87169090 is correct or otherwise. On going through the major head for HSN 871690 which is specifically cover parts whereas the detail description given under HSN sub heading 87169010 is meant for Parts and accessories of trailers and HSN code 871690920 for other. Here it is worth mention that the eight digit HSN for sub heading 87169090 is also a type of specification for parts only. Hence, it can not be the correct eight digit HSN for the product in question i.e. Cargo Trolley used to carry Cargo from one place to another, towable in nature and has solid tyre designed for transportation of baggage and light cargo with a minimum payload. The trolley is rugged and is suitable and treated for outdoor use.
5.

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b beading under the major head of 6 digit HSN for the product is 87168090 is meant for “Others”. Therefore, we are of the view that the product in question i.e. Cargo Trolley used to carry Cargo from one place to another, towable in nature and has solid tyre designed for transportation of baggage and light cargo with a minimum payload. The trolley is rugged and is suitable and treated for outdoor use is correctly classifiable under HSN 87168090.
6. We note that Harmonized System or Nomenclature (HSN) is internationally recognized product/items coding system which has also been accepted in India. From the above detailed Chapter Sub Heading wise classification of the product in the existing law i.e under Central Excise it is found that the classification of the above said product is one and the same under GST regime as well as under Customs law. No change in the classification under all the entire three “Act” have been noticed. Therefore, find that the product in question i.e. Cargo Tro

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M/s. KOG-KTV Food Products India P. Ltd. Versus Commissioner of GST & Central Excise Tirunelveli

M/s. KOG-KTV Food Products India P. Ltd. Versus Commissioner of GST & Central Excise Tirunelveli
Central Excise
2018 (9) TMI 1655 – CESTAT CHENNAI – TMI
CESTAT CHENNAI – AT
Dated:- 17-8-2018
Appeal No. E/163/2012 – Final Order No. 42287/2018
Central Excise
Ms. Sulekha Beevi C.S., Member (Judicial) And Shri Madhu Mohan Damodhar, Member (Technical)
Shri Hari Radhakrishnan, Advocate for the Appellant
Shri S. Govindarajan, AC (AR) for the Respondent
ORDER
Per Bench
Brief facts are that the appellants are engaged in manufacture RPD palm oil / palmolein oil and palm fatty acid distillate. They were availing the facility of CENVAT credit on inputs, capital goods etc. They availed CENVAT credit of duty paid on inputs li

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ishnan submitted that the appellant had used the impugned steel items for fabrication of storage tanks at site. The storage tanks so manufactured is mentioned as capital goods in definition of CENVAT Credit Rules. Denial of credit on the ground that the impugned storage tanks are embedded to earth after fabrication and has become immovable property is not legally correct. The adjudicating authority has wrongly interpreted the decision in the case of Vandana Global Ltd. Vs. Commissioner of Central Excise – 2010 (253) ELT 440 (Tri. LB) to deny the credit. He relied upon the decision in the case of Thiru Arooran Sugars – 2017 (355) ELT 373 (Mad.) and argued that on identical issue, the jurisdictional High Court has held that credit is eligible

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M/s Syx Services Pvt. Ltd. Versus Commissioner of CGST & Central Excise, Mumbai East

M/s Syx Services Pvt. Ltd. Versus Commissioner of CGST & Central Excise, Mumbai East
Service Tax
2018 (10) TMI 163 – CESTAT MUMBAI – TMI
CESTAT MUMBAI – AT
Dated:- 17-8-2018
ST/86672 & 86680/2018 – A/87200-87201/2018
Service Tax
DR. D.M. MISRA, MEMBER (JUDICIAL)
Shri P.K. Shetty, Advocate for Appellant
Shri O.M. Shivdikar, AC (AR) for Respondent
ORDER
Per: Dr. D.M. Misra
These two appeals are filed against respective Orders-in-Appeal passed by the Principal Additional Director General, DGPM, WRU, Mumbai. Since common issue is involved, I have taken up both the appeals together for disposal.
2. Briefly stated facts of the case are that the appellants are engaged in providing export of Information Technology Soft

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ld to be inadmissible as credit. Consequently, the refund was also held to be inadmissible.
3. Learned Advocate Shri P.K. Shetty for the appellants submits that the rent was paid by the appellant to the co-owners against the agreement dated 10.10.2012 and the amount to be paid to each of the co-owner has been spelt out in para 28 of the Registered Leave and License agreement. In support, that the rent was paid to each of the co-owners and TDS was deducted, in this regard, relevant TDS certificates have been produced by the appellant. It is his contention that separate invoices are raised by each of the co-owner to the extent of their holding cannot be considered as two invoices raised for the same property in one month.
4. Learned AR for

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M/s. Manaksia Aluminium Company Ltd. Versus Commissioner of CGST, Bolpur

M/s. Manaksia Aluminium Company Ltd. Versus Commissioner of CGST, Bolpur
Central Excise
2018 (12) TMI 715 – CESTAT KOLKATA – TMI
CESTAT KOLKATA – AT
Dated:- 17-8-2018
Appeal No. E/76291/2018 – FO/76535/2018
Central Excise
Shri P.K. Choudhary, Member (Judicial)
Shri S.P. Siddhanta, Consultant for the Appellant (s)
Shri S.S. Chattopadhyay, Suptd.(AR) for the Respondent (s)
ORDER
Per Shri P.K. Choudhary
1. The appellant is a small scale manufacturer of Alluminium Ingot, Sheet and Coil classifiable under Chapter 76 of the Central Excise Tariff Act, 1985. Show Cause Notice was issued on 31.01.2008 alleging short payment of central excise duty of Rs. 75,32,648/- during the period 2003-04, 2004-05, 2005-06 and 2006-07

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ation of Rule 8 of the Valuation Rules. The sale is not to unrelated buyer and hence the situation of revenue neutral is applicable to the facts of the present case. Ld. Consultant further submits that since the appellants have been filing RT-12 Returns on a regular basis, and if the department did not agree to their valuation, they could have issued the show cause notice in time. In this case the show cause notice has been issued beyond the normal period alleging suppression of facts. He relied on the decision of the Tribunal in the case of Sundram Fasteners Ltd. vs. Commr. Of Cus. & C.Ex, Hyderabad-I [2009(237) ELT 55(Tri.-Bang.)].
3. Ld. D.R. reiterates the orders of the lower authorities and submits that in various decisions, on the as

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ster units. They have been filing the monthly returns regularly. There is no allegation that returns have not been filed. In fact, during the relevant period, there was no system of filing the pricelists under Rule 173C. In these circumstances, we are of the view that the Commissioner (A)'s finding with regard to suppression of facts is not correct, as the appellants have been filing the RT-12 returns regularly. If the department had not agreed with their valuation, they could have issued the show cause notice in time. In this case, the show cause notice has been issued beyond the normal period alleging suppression of facts. On this ground alone, the entire demand is liable to be set aside. Moreover, we also find great merit in the contenti

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M/s Visa Resources India Limited Versus Commissioner of CGST & C. Ex., Kolkata North

M/s Visa Resources India Limited Versus Commissioner of CGST & C. Ex., Kolkata North
Service Tax
2018 (12) TMI 861 – CESTAT KOLKATA – TMI
CESTAT KOLKATA – AT
Dated:- 17-8-2018
Appeal No. ST/75418/2018 – FO/76536/2018
Service Tax
Shri P.K. Choudhary, Member (Judicial)
Shri Nand Kishore Kothari, CA for the Appellant (s)
Shri H.S. Abedin, AC(AR) for the Respondent (s)
ORDER
Per Shri P.K. Choudhary
The facts of the case in brief are that the appellant assessee is engaged in the business of trading of minerals, metals and energy products in India as well as export of such goods. For the purpose of export of goods the appellant has availed various taxable services on payment of Service Tax. Claim for rebate of service tax amounting to Rs. 2,48,482/- paid on the specified taxable services during the period from 06.08.2014 to 30.12.2014 was submitted on 05.08.2015 under Notification No.41/2012-ST dated 29.06.2012. Show Cause Notice dated 10.03.2016 was issued alle

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aid claimant' declared that no CENVAT credit of service tax paid on the specified service used for export of 'the said goods' has been taken under the CENVAT Credit Rules, 2004;
III. -that the sale proceeds in respect of the export of 'the said goods' appears to have been realized by or on behalf of 'the said claimant' in India in terms of para 4 of 'the said notification' as evident from Bank Realisation Certificate submitted by the said claimant;
IV. -that 'the said claimant' self declared that they have not taken Electronic Refund from Customs against the Shipping Bills on the specified services used for export of 'the said goods';
V. -that 'the said claimant' submitted the claim papers accompanied by relevant documents and co-relation and nexus between input services and exports made for the said period of claim for refund as well as payment of Service Tax made by them has been established in terms of 'the said notification' read with MoF, DoR (TRU) Circular No.120/01/2010

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fied in paragraph 2 of the said notification. Therefore, claim amount involving Rs. 1,05,059/- (Rupees One Lakh Five Thousand Fifty Nine) only, as detailed in Table-II Sl.No.1,2 &3 (Col.No.8), is not admissible for refund as it does not fulfill the condition in terms of para 1(c ) of the said notification.
VIII. -that regarding eligibility of the input services provided by M/s. Inspectorate Griffith India Pvt. Ltd. involving Rs. 4,648/- (Rupees Four Thousand Six Hundred Forty Eight) only, as detailed in Table-II Sl.No.4,5,6&7 (Col.No.8), the same were rendered for inspecting 'the said goods', i.e. goods exported being excisable goods well within the place of manufacture – as evident from the inspection certificate. As a result, it does not qualify as 'Specified Services' in terms of Para (a), clause (A)(i) of the said notification. Hence, the said amount, i.e. Rs. 4,648/- is not admissible for refund.
IX. -that an input service invoice of M/s. Bajaj Allianze General Insurance Co.

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s (in terms of Notification 41/2012-ST dt. 29.06.2012
Amount involved (Rs.)
Remarks
1.
4181994 Dt.31.07.14
The difference between the amount of claim (as per Para 3) for refund against the shipping bill and the amount of rebate available under the procedure specified in paragraph 2 is less than twenty percent of the rebate available under the procedure specified in paragraph 2 of the notification hence does not confirms to Para 1(c) of the Notification No.41/2012-ST (Supra)
58584
Inadmissible for refund
2.
4322308 dt. 08.08.14
-do-
18935
Inadmissible for refund
3.
4359653 dt. 11.08.14
-do-
27540
Inadmissible for refund
4.
4566202 dt. 23.08.14
The service provided by the input service providers M/s Inspectorate Griffith India Pvt. Ltd. does not fall under 'specified services' as per the Notification No.41/2012-ST(supra) since the service has not been used beyond the place of removal
394
Inadmissible for refund
5.
6788000 dt.22.12.14
The service provided by the i

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ny submits that since the Notification No. 41/2012-ST dated 29.06.2012 is a beneficial legislation, the intent to promote exports by granting exemption of the service tax paid on various services utilized by the exporter during the course of exports of the goods and has to be construed liberally.
4. Ld. D.R. reiterates the orders of the lower authorities.
5. I find that the issue is no more resintegra in view of the various decisions of the Tribunal holding a consistent view. I also find that this Bench in the case of Commissioner of Service Tax-II, Kolkata vs. SSK Exports Ltd. & others in Final Order No.FO/77622-77631/2017 in Appeal Nos. ST/76918, 76926, 76925, 76927, 76922, 76921/16, 76961, 76924, 76919 & 76923/16 wherein under similar circumstances, Revenue has contended that the refund claim for each shipping bill should be examined on individual basis instead of overall basis, has upheld the order of the Ld. Commissioner (Appeals) wherein it was held that there is no requirement

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than twenty per cent of the rebate available under the procedure specified in paragraph 2 in terms of Para 1 (c) of the Notification and accordingly. Accordingly, the refund of service tax of Rs. 1,64,163/- in respect of a few shipping bills under Para 3 is erroneous for the reason indicated above and the same needs to be recovered with interest.
7. The other grounds taken in the appeal are that rebate claim in respect of each shipping bill in an application is a separate claim and the requirement of certificate on the documents enclosed with Form A-1 in terms of clause (h) and clause (i) of Paragraph 3 of the Notification is required to be fulfilled with reference to each shipping bill. It is also contended that in respect of two shipping bills appearing in serial numbers 1 and 2, the rebate claimed against those two shipping bills involving service tax of Rs. 51,167/- is more than 0.50% of the FOB value of the export goods. Therefore, the certificate should have been signed by the

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used for export of goods to the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, having jurisdiction over the factory of manufacture in Form A-1;
(d) the exporter who is not so registered under the provisions referred to in clause (c), shall before filing a claim for rebate of service tax, file a declaration in Form A-2, seeking allotment of service tax code, to the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, having jurisdiction over the registered office or the head office, as the case may be, of such exporter;
(e) the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, shall, after due verification, allot a service tax code number to the exporter referred to in clause (d), within seven days from the date of receipt of the said Form A-2;
(f) on obtaining the service tax code, exporter referred to in claus

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l or challan, or any other document for each specified service, in original, issued in the name of the exporter, evidencing payment for the specified service used for export of the said goods and the service tax paid thereon, certified in the manner specified in sub-clauses (A) and (B) :
(A) if the exporter is a proprietorship concern or partnership firm, the documents enclosed with the claim shall be self-certified by the exporter and if the exporter is a limited company, the documents enclosed with the claim shall be certified by the person authorised by the Board of Directors;
(B) the documents enclosed with the claim shall also contain a certificate from the exporter or the person authorised by the Board of Directors, to the effect that specified service to which the document pertains has been received, the service tax payable thereon has been paid and the specified service has been used for export of the said goods under the shipping bill number;
(i) where the total amount o

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of export on the basis of procedure prescribed in paragraph 2; and
(iv) that the rebate claimed is arithmetically accurate,
refund the service tax paid on the specified service within a period of one month from the receipt of said claim :
Provided that where the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, has reason to believe that the claim, or the enclosed documents are not in order or that there is a reason to deny such rebate, he may, after recording the reasons in writing, take action, in accordance with the provisions of the said Act and the rules made thereunder”.
8.1 From the bare reading of the Notification, it is clear that rebate may be claimed on the service tax actually paid on any specified service used for export of goods as per the procedure specified in Paragraph 2 or Paragraph 3 of the said Notification. The plea taken by the Department is that this has to be applied against each individual shippi

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total amount of service tax paid and claimed as rebate have to be furnished. Again, under column “total amount of service tax paid and claimed as rebate” as a percentage of FOB value in shipping bill has to be shown. Therefore, from the Form A-1 and its table it is clear that claim is not shipping bill wise but only details have to be furnished separately for each shipping bill. Nowhere in the Paragraph 3 of the Notification, it is stated that rebate claim has to be filed shipping bill wise. Further, the total amount of service tax paid which is claimed as rebate has to be shown in figure and as a percentage of total FOB value in shipping bill. This also shows that it is not shipping bill specific when more than one shipping bills are involved in a claim. Therefore, there is no requirement to determine FOB value shipping bill wise to determine the formula enumerated in Para 1 (c) or in Para 3 (i) of the notification. Moreover, plain reading of Para 1 in conjunction with Paragraph 3 cl

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Corporate Office Services to Out-of-State Units Are GST Supplies Under CGST Act Section 25(4) and Schedule I Entry 2.

Corporate Office Services to Out-of-State Units Are GST Supplies Under CGST Act Section 25(4) and Schedule I Entry 2.
Case-Laws
GST
Levy of GST – Supply or not – distinct persons – The activities performed by the employees at the corporate office in the course of or in relation to employment such as accounting, other administrative and IT system maintenance for the units located in the other states as well i.e. distinct persons as per Section 25(4) of the CGST Act shall be treated as su

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Non-Alcoholic Beverage Supplies to SEZ Units via Coffee Machines Not Zero-Rated Under IGST Act Section 16.

Non-Alcoholic Beverage Supplies to SEZ Units via Coffee Machines Not Zero-Rated Under IGST Act Section 16.
Case-Laws
GST
Supplies to SEZ – The supply of non-alcoholic beverages/ingredients to

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FCM and RCM under GST

FCM and RCM under GST
Query (Issue) Started By: – Prakriti Mish Dated:- 16-8-2018 Last Reply Date:- 28-8-2018 Goods and Services Tax – GST
Got 10 Replies
GST
A GTA service provider can opt for RCM in case of FCM anytime ? or there is some requirement by law.
can he change his mechanism anytime ?
Reply By ANITA BHADRA:
The Reply:
In my view , option for RCM / FCM by GTA service provider is transaction based and not for specific period .
No such requirement has been indicated in any notification / provisions under GST Act .
Experts are requested to share their views
Reply By KASTURI SETHI:
The Reply:
After browsing so many notifications/circulars/FAQs etc. I am also of the same view.
Reply By Himansu Sekhar:
The Reply:

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y Prakriti Mish:
The Reply:
From when I can shift to FCM from RCM ? Client has supplied under both mechanism. How to correct his transactions ?
Reply By Ganeshan Kalyani:
The Reply:
Logically from the beginning of a month or beginning of a year.
Reply By Ravikumar muthusamy:
The Reply:
If GST collected by GTA in his bill then no need for GST payable by receipient under RCM.
Experts pls correct me if wrong
Reply By KASTURI SETHI:
The Reply:
This is an extract from 20th GST Council Meeting on 5.8.17
8.
Goods Transport Agency Service (GTA)
Allowed option of 12% GST with full ITC under forward charge. 5% GST with no ITC will also continue. (However, the GTA has to give an option at the beginning of financial year
Reply By Ganeshan

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