2018 (6) TMI 460 – AUTHORITY FOR ADVANCE RULING-ANDHRA PRADESH – 2018 (13) G. S. T. L. 472 (A. A. R. – GST) – Determination of rate of tax – pharmaceutical products (i.e. Bulk drugs and Intermediates) – EFAVIRENZ, EMTRICITABINE, SUNTINIB MALATE, RALTEGRAVIR POTASIUM, LATANOPROST – Whether the applicant is eligible to claim the benefit of lower rate of GST i.e., 5% under SI. No. 180 of Schedule-I of the rate schedule under N/N. 01/2017- Central Tax(Rate) dated 28.06.2017 read with the corrigendum dated 30.06.2017 on supply of I EFAVIRENZ, EMTRICITABINE, SUNTINIB MALATE, RALTEGRAVIR POTASIUM, LATANOPROST, which also falls under SI. No. 40 of Schedule III?
–
Held that:- The products manufactured by the applicant, even though are bulk drug gets squarely covered under List 1 of SI. No. 180 of the Schedule -I to the N/N. 01/2017 Central Tax (Rate) dated 28.06.2017. Further as it is settled law that, the specific entry overrides the general entry, the commodities dealt by the applicant a
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
on 11.01.2018, for seeking advance ruling on determination of rate of tax of the products those are manufactured by them, ie., EFAVIRENZ, EMTRICITABINE, SUNTINIB MALATE, RALTEGRAVIR POTASIUM, LATANOPROST. The question on which Advance Ruling is sought by the applicant is as follows: Whether the applicant is eligible to claim the benefit of lower rate of GST i.e., 5% under SI. No. 180 of Schedule-I of the rate schedule under Notification No. 01/2017- Central Tax(Rate) dated 28.06.2017 read with the corrigendum dated 30.06.2017 on supply of I EFAVIRENZ, EMTRICITABINE, SUNTINIB MALATE, RALTEGRAVIR POTASIUM, LATANOPROST, which also falls under SI. No. 40 of Schedule III. Copy of the said application was forwarded to the Jurisdictional Tax Officer. However, no comments/reply were offered. 3. A personal hearing was fixed on 19.02.2018, wherein Sri. LV.VN Satya Sai, O/o Lakshmi kumaran & Sridharan (Advocates), and authorized representative of the applicant attended. In their submissions t
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
personal hearing and the oral submissions. The two entries relevant for the impugned goods are reproduced here under for the sake of clarity: Schedule I – 5% List-1 appended to Schedule I under Notification No. 1/2017-CTR is as follows: Sl. No. Chapter Heading/ Subheading/Tariff item Description of Goods (1) (2) (3) 180. 30 or any chapter Drugs or medicines including their salts and esters and diagnostic test kits, specified in List 1 appended to this schedule List-1 appended to Schedule I under Notification No. 1/2017-CTR is as follows: "List 1 (See Sl.No. 180 of the Schedule I) (72) Efavirenz (73) Emtricitabine (99) Suntinib Malate (116) Raltegravir Potassium (26) Latanoprost" Schedule III – 18% Sl. No. Chapter Heading/ Subheading/Tariff item Description of Goods (1) (2) (3) 40 29 All organic chemicals other than giberellic acid 4.2. As seen from above, the products manufactured by the applicant, even though are bulk drug gets squarely covered under List 1 of SI. No. 180 o
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =