Clarification regarding applicability of GST on the petroleum gases retained for the manufacture of petrochemical and chemical products.

Clarification regarding applicability of GST on the petroleum gases retained for the manufacture of petrochemical and chemical products.
14/2018-GST Dated:- 20-8-2018 Assam SGST
GST – States
GOVERNMENT OF ASSAM OFFICE OF THE COMMISSIONER OF TAXES, ASSAM KAR BHAWAN
DISPUR, GUWAHATI-6
CIRCULAR NO. 14/2018-GST
Dated Dispur the 20th August, 2018.
Sub : Clarification regarding applicability of GST on the petroleum gases retained for the manufacture of petrochemical and chemical products – regarding
No. CT/GST-15/2017/167.-References have been received regarding the applicability of GST on the petroleum gases retained for the manufacture of petrochemical and chemical products during the course of continuous supply, such as Methyl Et

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tained by these manufacturers (recipient of supply), and the remaining quantity is returned to the oil refineries. In this regard, an issue has arisen as to whether in this transaction GST would be leviable on the whole quantity of the principal raw materials supplied by the oil refinery or on the net quantity retained by the manufacturers of petrochemical and chemical products.
3. The GST Council in its 28th meeting held on 21-07-2018 discussed this issue and recommended for issuance of a general clarification for petroleum sector that in such transactions, GST will be payable by the refinery on the value of net quantity of petroleum gases retained for the manufacture of petrochemical and chemical products.
4. Accordingly, it is hereby c

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Classification of fertilizers supplied for use in the manufacture of other fertilizers at 5% GST rate.

Classification of fertilizers supplied for use in the manufacture of other fertilizers at 5% GST rate.
15/2018-GST Dated:- 20-8-2018 Assam SGST
GST – States
GOVERNMENT OF ASSAM OFFICE OF THE COMMISSIONER OF TAXES, ASSAM KAR BHAWAN
DISPUR, GUWAHATI-6
CIRCULAR NO. 15/2018-GST
Dated Dispur the 20th August, 2018.
Sub : Classification of fertilizers supplied for use in the manufacture of other fertilizers at 5% GST rate- reg.
No. CT/GST-15/2017/168.- References have been received regarding a clarification as to whether simple fertilizers, such as MOP (Murate of Potash) classified under Chapter 31, and supplied for use in manufacturing of a complex fertilizer, are entitled to the concessional GST rate of 5%, as applicable in general

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e was applied to goods falling under Chapter 31 which are clearly to be used directly as fertilizers or in the manufacture of other fertilizers, whether directly or through the stage of an intermediate product.
3. In the GST regime, tax structure on fertilizers has been prescribed on the lines of pre-GST tax incidence. The wording of the GST notification is similar to the central excise notification except certain changes to meet the requirements of GST. These changes were necessitated as GST is applicable on the supply of goods while central excise duty was applicable on manufacture of goods. Accordingly, fertilizers falling under heading 3102, 3103, 3104 and 3105, other than those which are clearly not to be used as fertilizers, attract

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Apollo Screens Pvt. Ltd. Versus Union of India

Apollo Screens Pvt. Ltd. Versus Union of India
GST
2018 (8) TMI 1415 – GUJARAT HIGH COURT – 2018 (16) G. S. T. L. 529 (Guj.)
GUJARAT HIGH COURT – HC
Dated:- 20-8-2018
R/Special Civil Application No. 11375 of 2018
GST
MR. AKIL KURESHI AND MR. B.N. KARIA JJ.
Appearance:
MR D K TRIVEDI (5283) for the PETITIONER(s) No. 1,2
for the RESPONDENT(s) No. 1,2,3,4
ORAL ORDER
(PER : MR.AKIL KURESHI)
1. Petitioner has prayed for a direction to the respondents to allow the petitioner to carry forward balance CENVAT Credit available as on 30.06.2017.
2. Briefly stated, the facts are that the petitioner, a private company is engaged in manufacturing activity. As on 30.06.2017, i.e. the last date of CENVAT regime, the petitioner

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titioner could not file the necessary declarations. The petitioner was under bona fide belief that such errors would be resolved. The petitioner admitted that no screenshot of having made an attempt to upload the return was maintained.
3. To this communication, the department replied on 03.05.2018 stating that there is no provision for filing physical return. The petitioner had not contacted the department during the time permitted for filing the return pointing out the difficulties in E-filing.
At that stage, this petition was filed.
4. Having heard learned counsel for the petitioner, we do not find any reason to interfere. We are conscious, as pointed out by the counsel for the petitioner that some High Courts have intercepted and obvi

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BUILDERS ASSOCIATION OF NAVI MUMBAI And ANR. Versus UNION OF INDIA & ORS.

BUILDERS ASSOCIATION OF NAVI MUMBAI And ANR. Versus UNION OF INDIA & ORS.
GST
2018 (8) TMI 1267 – SC Order – 2018 (18) G. S. T. L. J169 (SC)
SUPREME COURT OF INDIA – SC
Dated:- 20-8-2018
Special Leave Petition (Civil) Diary No(s). 25203/2018
GST
Mr. A.K. Sikri And Mr. Ashok Bhushan JJ.
For the Petitioner(s) : Mr. S. Ganesh, Sr. Adv., Mr. V. Raghuraman, Adv., Mr. Shailesh Sheth, Adv., Mr. Anand Sukumar, Adv., Mr. S. Sukumaran, Adv., Mr. Bhupesh Pathak, Adv. And Ms. Meera Ma

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Announcement of Special Campaign for GST Migration Pending cases.

Announcement of Special Campaign for GST Migration Pending cases.
21T of 2018 Dated:- 20-8-2018 Maharashtra SGST
GST – States
Office of the
Commissioner of sales Tax,
Maharashtra State,
8th Flr., Vikrikar Bhavan,
Mazgaon, Mumbai-400010
TRADE CIRCULAR
No. JCST/Mahavikas/GST Enrollment/2018-19/B-719 Mumbai, Dt. 20/08/2018
Trade Circular No. 21T of 2018
Subject: Announcement of Special Campaign for GST Migration Pending cases,
Ref. : 1. Trade Circular 18T of 2018 dated 31-07-2018
2. Trade Circular 19T of 2018 dated 10-08-2018
The GST Council in its 28th meeting approved the proposal to open the migration window for taxpayers, who have filed Part A of FORM GST REG-26, but not Part B of the said FORM. Such taxpayers are requ

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nctional till 31st August 2018. If any taxpayer, who have filed Part A of FORM GST REG-26, but not Part B of the said FORM and have not yet submitted their request for opening of Migration Window, may approach these Special Desks with the Request Letter as mentioned in the Trade Circular 18T of 2018. For more details, the taxpayers are requested to refer the Trade Circular 18T of 2018 dated 31-07-2018 & Trade Circular 19T of 2018 dated 10-08-2018.
This circular is clarificatory in nature and cannot be made use of for legal interpretation of provisions of Law. If any member of trade has any doubt, he may refer the matter to this Office for further clarifications.
Rajiv Jalota
Commissioner of Sales Tax,
Maharashtra State
No. JCST/Mahavi

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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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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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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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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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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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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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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 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. 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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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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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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