SGST rate on intra-State supply of Handicrafts goods

SGST rate on intra-State supply of Handicrafts goods
21/2018 – State Tax(Rate) – S.O. No. 57 Dated:- 16-8-2018 Jharkhand SGST
GST – States
Jharkhand SGST
Jharkhand SGST
COMMERCIAL TAXES DEPARTMENT
Notification
16th August, 2018
Notification No. -21/2018 – State Tax(Rate)
S.O. No. 57 Dated. 17th August, 2018 In exercise of the powers conferred by sub-section (1) of section 11 of the Jharkhand Goods and Services Tax Act, 2017 (12 of 2017), the Government of Jharkhand, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby exempts the intra-state supplies of handicraft goods, the description of which is specified in column (3) of the Table below, falling under the tariff item, sub-heading, heading or Chapter, as specified in the corresponding entry in column (2), from so much state tax leviable thereon under section 9 of the Jharkhand Goods and Service Tax, 2017 (12 of 2017) as is in excess of the rate sp

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ors etc.
6%
5.
4420
Statuettes & other ornaments of wood, wood marquetry & inlaid, jewellery box, wood lathe and lacquer work [including lathe and lacquer work, ambadi sisal craft]
6%
6.
4503 90 90 4504 90
Art ware of cork [including articles of sholapith]
6%
7.
4601 and 4602
Mats, matting and screens of vegetable material, basketwork, wickerwork and other articles of vegetable materials or other plaiting material, articles of loofah (including of bamboo, rattan, canes and other natural fibres, dry flowers (naturally dried), articles thereof, ringal, raambaan article, shola items, Kouna/chumthang (water reeds) crafts, articles of Water hyacinth, korai mat]
2.5%
8.
4823
Articles made of paper mache
2.5%
9.
5607, 5609
Coir articles
2.5 %
10.
56090020, 56090090
Toran, Doorway Decoration made from cotton yarn or woollen yarn and aabhala (mirror) with or without hanging flaps
2.5%
11.
57
Handmade carpets and other handmade textile floor coverings (including namda

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uding pots, jars, votive, cask, cake cover, tulip bottle, vase
6%
26.
7113 11 10
Silver filigree work
1.5%
27.
7117
Handmade imitation jewellery (including natural seeds, beads jewelry, cardamom garland)
1.5%
28.
7326 90 99
Art ware of iron
6%
29.
7419 99
Art ware of brass, copper/ copper alloys, electro plated with nickel/silver
6%
30.
7616 99 90
Aluminium art ware
6%
31.
8306
Bells, gongs and like, non-electric, of base metal; statuettes, and other ornaments, of base metal; photograph, picture or similar frames, of base metal; mirrors of base metal; (including Bidriware, Panchloga artware, idol, Swamimalai bronze icons, dhokrajaali)
6%
32.
9405 10
Handcrafted lamps (including panchloga lamp)
6%
33.
9401 50, 9403 80
Furniture of bamboo, rattan and cane
6%
34.
9503
Dolls or other toys made of wood or metal or textile material [including wooden toys of sawantwadi, Channapatna toys, Thanjavur doll)
6%
35.
9504
Ganjifa card
6%
36.
9601
Worked ar

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Constitution of Standing Committee under sub-rule (4) of rule 97 of Central Goods and Services Tax Rules, 2017 -reg.

Constitution of Standing Committee under sub-rule (4) of rule 97 of Central Goods and Services Tax Rules, 2017 -reg.
03/2018 Dated:- 16-8-2018 CGST – Circulars / Ordes
GST
F.No. CBEC-20/05/01/2018-GST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
GST (Policy Wing)
*****
New Delhi, the 16th August, 2018
Order no. 3/2018-Central Tax
Subject: Constitution of Standing Committee under sub-rule (4) of rule 97 of Central Goods and Services Tax Rules, 2017 -reg.
In excise of the powers conferred by sub-rule (4) of rule 97 of Central Goods and Services Tax Rules, 2017 read with Section 168 of Central Goods and Services Tax Act, 2017 the Government hereby constitutes the r

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ms;
e. Secretary/ Joint Secretary/ Economic Advisor, Department of Rural Development;
f. Chief Executive Officer, Food Safety and Standards Authority of India (FSSAI);
g. Secretary or his nominee not below the rank of Joint Secretary, Ministry of Information and Broadcasting;
h. Secretary or his nominee not below the rank of Joint Secretary, Department of Higher Education, Ministry of HRD;
i. Director General/ Additional Director General, Bureau of Indian Standard; and
j. The Additional Secretary/ Joint Secretary in charge of Consumer Welfare Fund in the Department of Consumer Affairs, Ministry of Consumer Affairs, Food and Public Distribution who shall also be the Member Secretary of the Committee.
Upender Gupta
Commissioner(GST)

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CE, CGST, Delhi-III Versus National Informatics Centre Service Inc.

CE, CGST, Delhi-III Versus National Informatics Centre Service Inc.
Service Tax
2018 (8) TMI 902 – CESTAT NEW DELHI – 2019 (22) G. S. T. L. 394 (Tri. – Del.)
CESTAT NEW DELHI – AT
Dated:- 16-8-2018
Appeal No. ST/53521/2015-CU ( DB ) – Final Order No. 52777/2018
Service Tax
HON'BLE SHRI ANIL CHOUDHARY, MEMBER (JUDICIAL) And HON'BLE SHRI C.L. MAHAR, MEMBER (TECHNICAL)
For the Appellant : Shri Amresh Jain, DR
For the Respondent : Shri Vibhav Narang, Advocate and Shri A.K. Batra, CA
ORDER
Per Anil Choudhary
This appeal by Revenue is against order-in-original dated 16th June, 2015 passed by the Principal Commissioner Service Tax, Delhi – III Commissionerate, wherein the ld. Commissioner confirmed the demand on outstanding advances along with interest and further proceeded to drop the proposed demand under the head “Erection, commissioning or installation services”.
2. The ld. Commissioner has, for dropping the demand, observed as follows: –
“….The assessee is

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hereinafter referred as sponsors) whose project is being implemented by the assessee. The payment against these invoices is settled by the assessee from the funds allocated in terms of administrative approval of the Ministry. The assessee charges/retains a definite amount from the allocated funds as his administrative charges as settled between the concerned Ministry and them.”
3. The brief facts are that the respondent, National Informatics Centre Services Inc. (NICSI) is a Government Company incorporated under Section 25 of the Companies Act 1956. They are registered with Service Tax Department under the taxable category of ” Consulting Engineer Services”.
4. NICSI was set up in August, 1995 by National Informatics Centre (NIC) and Department of Electronics & Information Technology (DEIT), Government of India; with the approval of Cabinet. NICSI is established to provide total IT solutions to the Government Organisation. The primary aim of NICSI is to strengthen Government Service

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ugh empanelled vendors, who are empanelled based on Open Tender process, as prescribed in the General Financial Rules of the Government of India. NICSI further provides vairus services like website design & development services, IT support service, etc. Various clients primarily ministries (both state and central) (herein after referred to as “clients”) approaches NICSI in order get their projects executed.
5.1. Work orders undertaken by NICSI can be categorized as under:-
a) Where NICSI is acting as implementing agency;
b) Where NICSI is acting as principal service provider;
c) Where projects involves supply of goods exclusively;
Sample copies of agreements and invoices are enclosed, in appeal paper books.
5.2. Where NICS is acting as implementing agency: In order to understand the flow of transactions, the following chronology is noted-
(i) On receipt of award letter from the clients, assessee examines the kind of services to be provided and accordingly appoint the empanelled

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vances are only routed through the balance sheet under “other long term liabilities”/”Current Liabilities.”
5.3. Where NICSI acts as Principal Service provider, the service tax liability under “Consultant Engineering Services” is duly discharged. Further, in case of projects involving supply of goods exclusively, there is trading of goods, hence, falls outside the purview of Finance Act, 1994, no service tax liability is attracted.
6. According to Revenue, as proposed in the show cause notice, invoking the extended period of limitation for the period 2008 – 09 to 2012 – 2013, there is wrong classification of services of the activities by the respondent under “Consulting Engineer Services”. The turnkey services, which involves supply and installation of software /hardware with testing and commissioning and on site separate services, hence, are liable to be classified under ECIS. Accordingly as per the Revenue, there is short payment of service tax, as the taxable value, should have in

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calculated on advance outstanding being Rs. 50.17 crore along with interest on delayed payment of tax Rs. 13.94 crores.
8. The ld. AR for Revenue, Mr. Amresh Jain, reiterating the grounds of appeal stated that the ld. Commissioner has erred in dropping the demand of Rs. 389.02 crores concluding that the activity /service of the respondent was in the nature of “Consulting, Engineering Services” and further, that the respondent was discharging service tax on the amount received as administrative charges from the government/sponsores on agreed rate, for their services. Further, the ld. Commissioner has observed that the respondent identified the vendors and also negotiated the rates etc. by using their technical expertise. The vendors raised their invoice directly in the name of Ministeries of Govt. of India and other autonomous bodies, whose project was being implemented by the respondent. The Adjudicating Authority also erred in observing that the respondent themselves has not executed

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ment in January 2001 with Forster Wheeler Energy Ltd. for project management consultancy in relation to setting up and operating the above LNG terminal. The agreement detailed the various areas in which Forster Wheeler was required to advise and assist in relation to the execution of the project.
10. Whereas in the present case, there are no such agreements. The agreements herein, this case, are between the respondent and the Government Departments / Ministries or other organisations for implementing the entire project on turn-key basis and it was nowhere mentioned that the contract is for providing consultancy in relation to execution of the project by different vendors.
11. Further, from the copies of project/documents, agreements, pro forma invoice, etc., pertaining to some sample projects obtained from the respondent on examination appeared that the respondent was required to undertake the entire range of activities, which, inter alia, comprises of procurement, installation of eq

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g and implementing the procurement, establishment, engineering commissioning etc. i.e. comprising of all aspects of execution of the project. After receipt of the advance money, the respondent alone is responsible for overall execution of the projects and there seems to be no other agency as an independent entity involved in the execution of the entire project. All agencies involved in execution of any project are only working in the capacity of vendors/subcontractors of NICSI, the respondent. As the project is given to the respondent on turn-key basis, therefore, the gross amount received by the respondent towards execution of the project constitutes the gross taxable value.
13. Further, although the Adjudicating Authority upheld the noticee”s liability of payment of service tax at the time of receipt of advance/receipt of final payment, whichever is earlier, yet he has erred in dropping the complete demand of Rs. 3,89,02,36,342/- , which also included the demand of Rs. 50.17 crore o

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advisory role and has not executed the projects themselves and hence, undoubtedly, are providing “Consulting Engineering Services”.
16. The respondent first provided advance from grant-in aid to undertake the activities assigned under the award/work orders. Such grant-in-aid was given to them by the Ministry of Communication and Information Technology, Department of Information Technology, Government of India, National Knowledge Network Division directing the Pay & Accounts Officer, Department of Information Technology to release the funds for the project “action establishment of national knowledge network” to the respondent, to be implemented by NIC, which was the implementing agency. The letter dated 30.03.2010 issued by the Ministry, wherein in para-2, it is stated that sanction of the President of India is hereby conveyed to release the amount of Rs. 240 crore towards grant-in-aid to the respondent, to incur expenditure towards the said project. Further, in para-3, it is stated th

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n of the duration of the project. Further, provided that the respondent will spend the grant-in-aid exclusively in pursuance of the objectives envisaged in rules/memorandum of DIT and for the purpose, it is being sanctioned. Further, provided that grant-in-aid shall be utilised for the purposes for which it has been sanctioned and as per the guidelines are annexed to the Administrative Approval dated 28.01.2009 and respondent and NIC will be liable to refund the unspent balance, if any, to the comment of India. Further, provided that the respondent and NIC will maintain and will present their annual accounts in the standard format as required under GF Rules, 2009.
17. Thus, it is evident that the respondent has acted only as an implementing agency and the disbursed the payments to the vendor's on behalf of Department of Information and Technology, Government of India and others, acted as a pure agent. It is established law that the expenses incurred as a pure agent are not liable

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in actual execution of the project. The project management functions relating to the project continued to be with Petronet L& G Ltd., which was engaged in the business of setting and operating LNG terminal for receiving storage degasification etc. It was Petronet, which have entered into an EPC contract with the Japanese company to develop, design, engineer and procure equipment, materials and supplies to erect and construct storage tanks of 5 MMTPA capacity with potential to expand. The EPC contract also envisaged other works and involved offshore supply, offshore services, onshore supply, onshore services and construction and erection. Petronet had entered into an agreement with Foster for project management consultancy in relation to setting up and operating the LNG terminal and required to advise and assist in relation to the execution of the project. Foster was in the role of advisers/consultant to petronet so that the work of EPC contractors are as per the requirement and standa

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de Notice No.53 – CE- ST/97 of the New Delhi Commissionerate dated 4th of July 1997, wherein giving clarification, it is provided “Consulting Engineer” means any professionally qualified engineer or engineering firm, who either directly or indirectly renders any advice consultancy or technical assistance, in any manner, to a client in one or more disciplines of engineering. The taxable service rendered by a Consulting Engineer means any service provided to a client by a Consulting Engineer in relation to advise consultancy or technical assistance, in any manner, in one or more disciplines of engineering.
20. The ld. Counsel also points out that from the copy of pro forma invoice dated 16.02.2002 raised on the Principle – NIC, a Government of India Enterprises, wherein they have given the quotations for various items required for computerization , and the said invoice have shown 7% administrative charges, on the invoice amount. Further, they have paid the service tax on such administra

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s been appointed as the implementing agency on behalf of the Government Department and the money has been received as a trustee. Further, the respondent is liable to account for every single rupee spent for on behalf of the Government. They are not entitled to appropriate a single rupee more than the agreed 7% as agency charge or administrative charges. Further, the activity of the respondent is held to be in the nature of pure agent. As such, no service tax can be demanded on the amount of advance received and /or on the amount spent out of that advance for the purpose of the project. It is also an admitted fact that the respondent has themselves not done any erection, commissioning or installation. Such work has been done by the vendors and/or by agencies appointed by the respondent /assessee. We further find that the assessee/respondent herein has only done the work of advising and assisting the sponsoring agency in selecting various venders, who would supply and /commission various

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GST credit on GTA services paid under RCM

GST credit on GTA services paid under RCM
Query (Issue) Started By: – Ashwin Garg Dated:- 15-8-2018 Last Reply Date:- 28-8-2018 Goods and Services Tax – GST
Got 8 Replies
GST
Dear Experts,
GST on GTA services is payable in cash under RCM on or before 20th of next month.
Whether such GST credit is allowed on payment basis (i.e next month) or credit can be taken in same month (i.e accrual basis).
May kindly reply with relevant section, rules, circular, clarification etc
Reply By KASTURI SETHI:
The Reply:
Credit can be taken only after making payment of GST in cash in the same month. It means ITC is to be taken during the month in which tax paid in cash.
Reply By SHIVKUMAR SHARMA:
The Reply:
Please refer Issue Id: – 11337

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Skincare Products Reclassified: Not Under Chapter 30, Now Under Chapter 33 (Cosmetics) or Chapter 34 (Soaps.

Skincare Products Reclassified: Not Under Chapter 30, Now Under Chapter 33 (Cosmetics) or Chapter 34 (Soaps.
Case-Laws
GST
Challenge to Advance Ruling – Classification of Skin care preparatio

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Manufacturing Services May Qualify as “Continuous Supply of Service” Under GST Act Section 2(33) for Extended Contracts.

Manufacturing Services May Qualify as “Continuous Supply of Service” Under GST Act Section 2(33) for Extended Contracts.
Case-Laws
GST
Supply of goods or services – Contract Management System (CMS) – Activities the Applicant proposes to undertake are services associated with manufacturing of metal, and may be termed as “continuous supply of service” within the meaning of Section 2(33) of the GST Act, provided the service is agreed to be provisioned for a period exceeding three month

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Place of supply

Place of supply
Query (Issue) Started By: – Archna Gupta Dated:- 14-8-2018 Last Reply Date:- 21-8-2018 Goods and Services Tax – GST
Got 3 Replies
GST
Dear Experts
Please reply to following query:
Indian company is entering into an agreement with a German company for providing consulting services in India for a project going on in India. It will submit its report in India as well as to German company.
Please suggest what would be its GST implications and what would be its place o

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car repair and car insurance

car repair and car insurance
Query (Issue) Started By: – satbir singhwahi Dated:- 14-8-2018 Last Reply Date:- 7-9-2018 Goods and Services Tax – GST
Got 14 Replies
GST
whether itc on car repair and car insurance available to a business concern
Reply By Rajagopalan Ranganathan:
The Reply:
Sir,
According to Section 16 (1) of CGST Act, 2017 "every registered person shall, subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger

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hi:
The Reply:
Thanks Sir
Reply By Himansu Sekhar:
The Reply:
Yes, the ITC is not allowed
Reply By satbir singhwahi:
The Reply:
Sir
pls give if any circular
Reply By DR.MARIAPPAN GOVINDARAJAN:
The Reply:
The advice given by Shri Renganathan is sufficient.
Reply By satbir singhwahi:
The Reply:
Sir
Is there any circular recently that says car repair and car insurance not available.Pls guide.
Reply By Rajagopalan Ranganathan:
The Reply:
Sir,
Circular will be issued only to clariffy any ambiguity arising out of legal provisions. Here the law is very clear and hence no circular is required to be issued. As far as my knowledge goes there is no circular issued by CBIC on this matter.
Reply By Himansu Sekhar:
The Reply:
If the car i

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the work would have to "in relation to" then I agree the credit is not eligible.
Reply By Ramaswamy S:
The Reply:
Thank you Mr Ganeshan for the clarification.
If the repair and insurance service is paid by the business concern for business purpose it is allowed, If paid by the business concern for personal consumption not allowed in terms of Section 17(5) (g).
Regards
S.Ramaswamy
Reply By alok saxena:
The Reply:
Sir
How it clear that car use in person or Business work .once car use only pick & drop to resi to work place and rest time use in Business work and holiday and weekly off day use in personal work. than what status.
Reply By Ramaswamy S:
The Reply:
After the amendment in Section 17 of CGST Act effective 29th Aug

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REFUND OF IGST PAID AGAINST IMPORT OF CAPITAL GOODS

REFUND OF IGST PAID AGAINST IMPORT OF CAPITAL GOODS
Query (Issue) Started By: – RICHA RICHA Dated:- 14-8-2018 Last Reply Date:- 20-9-2018 Goods and Services Tax – GST
Got 3 Replies
GST
Sir
We had business for Dyeing & Printing of Textile fabric, now we planning to purchase Digital Printing Machine from Italy, Pls reply below points:
1. Can we refund IGST Paid on imported capital goods.
2. Is there any different cases for IGST Refund like- A.) Inverted Duty Structure or, B.)Zero -Rated Supplies made without payment of tax.
3. In case of Jobwork – refund applicability?
4.In case of Fabric Sale – refund applicability?
Reply By ANITA BHADRA:
The Reply:
You are planning to Import Capital Goods which will be used for your busi

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I endorse the views of Ms. Anita
Reply By Nitika Aggarwal:
The Reply:
In case of fabric sale, the Central Government hereby makes the amendment in the notification no. 05/2017-CT(Rate) dated 28.06.2017 via Notification No. 20/2018-CT (rate) dated 26.07.2018 wherein the proviso related to the refund of accumulated ITC on fabrics has been inserted and relevant extract of the aforesaid notification has been provided as under:-
“Provided that,-
(i) nothing contained in this notification shall apply to the input tax credit accumulated on supplies received on or after the 1st day of August, 2018, in respect of goods mentioned at serial numbers 1, 2, 3, 4, 5, 6, 6A, 6B, 6C and 7 of the Table below; and
(ii) in respect of said goods, the accu

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ITC availability on MS Columns and stucture

ITC availability on MS Columns and stucture
Query (Issue) Started By: – Yatin Bhopi Dated:- 14-8-2018 Last Reply Date:- 28-8-2018 Goods and Services Tax – GST
Got 5 Replies
GST
Dear expert
Under Section 17 (5) (d) of CGST Act 2017 Input tax credit of goods and services received by taxable person for construction of immovable property (other than plant or machinery) is not allowed.
We have constructed shed for plant which contains half concrete column and above that MS angles columns and other structure above
My query is;
* What is meaning of immovable property under GST?
* Whether Input tax credit will be available on MS angles & other structure?
Reply By Himansu Sekhar:
The Reply:
Explanation.For the purposes of this

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Commission on sale

Commission on sale
Query (Issue) Started By: – Suman Gl Dated:- 14-8-2018 Last Reply Date:- 21-8-2018 Goods and Services Tax – GST
Got 3 Replies
GST
Hello sir I'm distributor I purchase topup currency from United India marketing Now he is asking to rise invoice on commission on sales and to show in gstr3b and in gstr1 is it correct sir. And I gave that commission to retailer but they are unregistered in gst now how should I take the commission given to retailer in gst… Please

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CIN in Tax Invoices

CIN in Tax Invoices
By: – Praveen Nair
Goods and Services Tax – GST
Dated:- 14-8-2018

Section 12(3)(c) of Companies Act 2013, which is effective from 01-04-2014, provides that every company shall get its name, address of its registered office and the Corporate Identity Number along with telephone number, fax number, if any, e-mail and website addresses, if any, printed in all its business letters, billheads, letter papers and in all its notices and other official publications.
I

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In Re: M/s. United Mining Corporation

In Re: M/s. United Mining Corporation
GST
2019 (2) TMI 922 – AUTHORITY FOR ADVANCE RULING, HARYANA – 2019 (22) G. S. T. L. 128 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING, HARYANA – AAR
Dated:- 14-8-2018
AAR No. HAR/HAAR/R/2018-19/05 (In Application No. 5/2018-19)
GST
SANGEETA KARMAKAR AND VIJAY KUMAR SINGH, MEMBER
Present for the Applicant: None Present.
Factual Background
1. As per submission of facts, M/s. United Mining Corporation is a proprietorship firm and is registered under the provisions of the Central Goods and Services Tax Act 2017 read with the provisions of the Haryana State Goods and Services Tax Act 2017 (hereinafter known as the “Assessee/Applicant”).
2. That applicant is engaged in business of mining of Boulders in the State of Haryana. The said products are classifiable under Tariff Heading 2516 and are leviable to GST on their supply at the rate of 5%.
3. That the applicant has been granted a mining lease for extracting “Stone along with

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Royalty on the mineral excavated and dispatched at the rate specified in the first schedule or dead rent, whichever is more and not both on monthly basis.
6. That in compliance to the said lease agreement the applicant has paid annual dead rent or royalty as the case maybe.
7. That in accordance to the said lease deed the applicant is required to deposit a monthly and an annual return in specified format i.e. MMPI and MMP2 respectively wherein it has been asked to submit information about quality of minerals raised and dispatched from leased mines along with other information.
8. That in terms of the executed lease agreement the applicant is required to pay in addition to the annual dead rent , amount to the extent of 10% as rural development fund (for rehabilitation of environment).
9. That in light of above, the applicant wants to understand what is the nature of service which has been provided by The State Government of Haryana to it along with the rate of GST on it and who is t

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iness of mining of boulders and extraction minor minerals in village Mankawas-2, District Bhiwani and is supplying the same under Tariff Heading 2516 attracting 5% GST (2.5% CGST + 2.5% HGST). As per section 9 (3) of the HGST Act, 2017 GST is payable on the royalty amount under RCM by the recipient of such services. The royalty/lease deed comes under the category of supply of services and general rate of tax @18% is applicable.
Record of Personal Hearing
None had appeared for personal hearing. However, PH in the case was afforded for 10.07.2018 which was re-fixed for 25.07.2018 on request received through e-mail. On 23.7.2018 another e-mail was received through Sh. Yash Dhadda, the Counsel for applicant, wherein it was mentioned that they do not want any PH and the additional submissions alongwith original submissions should be treated as final. The submissions made in their application were considered by us on 25.7.2018 and the application was admitted being covered by clause (a) &

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her than goods, money and securities but includes activities relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged.
3. That in exercise of power conferred under Section 9(1) of the CGST Act 2017, notification number 11/2017-CT (Rate) dated 28.06.2017 has been issued which notifies the central tax, on intra-state supplies of service description along with Tariff Heading in accordance with the scheme of classification is specified which are subject to specific conditions.
4. That along with the notification number 11/2017-CT (Rate) dated 28.06.2017, an annexure has also been appended with it which at Serial No.257 specify that the Group 99733 includes sub heading 997337 which is for:-
“Licensing services for the right to use minerals including its exploration and evaluation”.
According to the applicant the Royalty or the Dead Rent pai

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is of above, it is evident that service charge by way of annual dead rent or royalty paid for services of granting right to use mineral would attract GST rate as applicable on supply of mineral which is being extracted through such mining.
8. That the minerals which are extracted from the mine are classifiable under Tariff Heading 2516 and leviable to GST @ 5%.
9. It is also the stand of the applicant that in view of Sr. No.5 of notification no. 13/2017-CT (Rate) dated 28.06.2017, the recipient of service is not liable to discharge any GST.
In our considered view, the applicant has misconstrued the entry which in fact casts a liability of tax to be discharged by the recipient on reverse charge basis on licensing services for the right to use minerals including its exploration and evaluation.
Advance ruling under section 98 of the CGST/HGST Act 2017
In the backdrop of above discussions and findings the advance ruling on the questions is pronounced as under: –
1. What shall be the

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f Haryana to M/S United Mining Corporation for which royalty is being paid?
Ruling on Q. No. 2 and 3.
The services for the right to use minerals including its exploration and evaluation, as per Sr. No. 257 of the annexure appended to notification no. 11/2017-CT (Rate), dated 28.06.2017 is included in group 99733 under heading 9973. Hence it attracts the same rate of tax as on supply of the like goods involving transfer of title in goods. As per notification no. 1/2017-CT (Rate), dated 28.06.2017 under the CGST Act, 2017 and the corresponding State Tax notification under HGST Act, 2017, Schedule-l the stone boulders extracted by the applicant attract 5% GST (2.5 0/0 CGST+ 2.5% HGST) as covered under HSN 2516 (At sr. No. 124 of the notification).
As per entry no. 5 of the Notification No 13/2017-CT (Rate), dated 28.06.2017 under the CGST Act, 2017 and the corresponding Notification No. 48/ST-2 Dt. 30.06.2017 under the HGST Act, 2017, the recipient of such services, i.e., the applicant

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Customs – Continuation of Pre-GST rates of RoSL for transition Period of 03 months i.e. 01.07.2017 to 30.09.2017 for export of Garments and textile made up articles

Customs – Continuation of Pre-GST rates of RoSL for transition Period of 03 months i.e. 01.07.2017 to 30.09.2017 for export of Garments and textile made up articles
PUBLIC NOTICE No. 27/2017 Dated:- 14-8-2018 Trade Notice
Customs
OFFICE OF THE COMMISSIONER OF CUSTOMS,
CITY CUSTOMS COMMISSIONERATE, P.B No. 5400, C.R.BUILDING,
QUEEN'S ROAD, BENGALURU – 560 001
C.N0. VIII/09/28/2017 City cus Tech
Date: 14.08.2017
PUBLIC NOTICE No. 27/2017
Sub: reg.
*****
Attention of all Customs Brokers, Exporters, Importers, Members of the Trade and other stake holders is invited to Board's Circular Nos. 43/2016-Customs dated 31.8.2016, 08/2017-Customs dated 20/3/2017 and 28/2017-Customs dated 6/7/2017 regarding implementation of Mini

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ith let export order dates on or after 01.07.2017 for which ROSL is claimed, exporter has to submit the undertaking in the revised format that has been suitably included in the EDI shipping bill w.e.f. 05.08.2017. Considering that exports have already been made in period 01.07.2017 to 04.08.2017, for which the revised undertaking is not possible to be furnished electronically along with the shipping bills already filed, exporters need to submit an undertaking to the Customs in the manual format as annexed to this Circular. This could be a single undertaking covering export products in the various shipping bills of the exporter- The revised undertaking shall be irrespective of declaration/undertaking, if any, given earlier.
4. In terms of d

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IN RE: M/s. SILGAN DISPENSING SYSTEMS INDIA PRIVATE LIMITED

IN RE: M/s. SILGAN DISPENSING SYSTEMS INDIA PRIVATE LIMITED
GST
2018 (12) TMI 1087 – AUTHORITY FOR ADVANCE RULING, MAHARASHTRA – 2019 (20) G. S. T. L. 635 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING, MAHARASHTRA – AAR
Dated:- 14-8-2018
GST-ARA-26/2018-19/B-89
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 SILGAN DISPENSING SYSTEMS INDIA PRIVATE LIMITED the applicant, seeking an advance ruling in respect of the following issue.
whether on transfer of machines & moulds (being “capital goods”), from the premises of the job-worker to another job-worker, which were originally received by said job-worker under the

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rt of business under Slump Sale vide BTA dt. 31.08.2016 to Aphrodite Packaging Solutions Pvt. Ltd including subject item of capital goods. Thereafter, the name of the company was changed to M/s. Silgan Dispensing Systems India Pvt. Ltd. form Aphrodite Packaging Solution Pvt. Ltd. Your reference kindly find attached herewith the Name Change Certificate dated. 13.11.2017 marked as ANNEXURE-I.
That accordingly, the present application is being filed by M/s. Silgan Dispensing Systems India Private Limited (hereinafter referred to as Appellant). That as informed above the principal manufacturer M/s. MWV India Pvt. Ltd. during the period 2012 had sent machines/ moulds for job work to M/s. Shaily Engineering Plastics Limited (hereinafter referred to as “job-worker”). Brief description the goods sent is attached herewith marked as ANN-II.
That subsequently, the Appellant now propose to transfer said machines/moulds under the GST regime from the premises of Shaily Engineering Plastics Limited

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-1
61,746
19.
Zara-1 Tooling
Zara-1
7,29,39,043
20.
Cavity Insert
TS-800
14,31,255
21.
Ergo valve Body Mold
TS-800
69,95,374
22.
Ergo valve Body Mold Spare Parts
TS-800
26,176
23.
Injection Mould
TS-800
70,86,456
24.
Injection Mould Spare Parts
TS-800
11,71,351
25.
Mannual Assembly Fixture
Zara-1
1,23,165
26.
U Tube Fixture
Zara-1
32,130
27.
Refurbishment of standard value bod (Injection) Mold
TS-800
9,53,927
28.
Modification in fully automatic assembly machine for pump assembly
Zara-1
19,42,707
29.
Core insert for ZARA CAP-40 nos
Zara-1
6,19,618
30.
Air leak test mechanism
Zara-1
7,98,244
31.
23 MM FAL cap fixture for T 1146
Zara-1
35,786
32.
23 MM FAL CAP Nozzle fixture for T 1147
Zara-1
25,562
33.
Outlet Switch Fixture for T 1148
Zara-1
51,124
34.
Base fixture for T 1149
Zara-1
30,674
35.
Zara-1 -Tooling
Zara-1
1,04,070
36.
16 Cavity Injection Mould for Nozzle for T-1117
Plant & Machinery
48,83,987
37.
Menuel

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t, 1944. That further due to change in the constitution as detailed in annexure A to this application, M/S. Silgan Dispensing Systems India Private Limited is intending to transfer the machines/ moulds to M/s. Vasanth Tools Crafts Pvt. Ltd.
ii. That in light of the said factual background, we draw reference to section 141 of the CGST Act, 2017 which provides for transitional provisions relating to job work. That sub-section 1 of section 141 deals with goods removed to job worker. For your reference the extracts of the relevant provisions are detailed below:
141. (1) Where any inputs received at a place of business had been removed as such or removed after being partially processed to a job worker for further processing, testing, repair, reconditioning or any other purpose in accordance with the provisions of existing law prior to the appointed day and such inputs are returned to the said place on or after the appointed day, no tax shall be payable if such inputs, after completion of

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That in support of the said contention we crave leave to refer and rely upon below detailed case laws:
2014 (299) ELT 3 (Mad.)- Metal Weld Electrodes = 2013 (11) TMI 240 – MADRAS HIGH COURT Held: Interpretation of statutes – Legislative intent – It has to be gathered from plain language of particular provision of law when there is no ambiguity in reading it – There is no presumption that particular language used in particular provision of law is without having any meaning for same.
2012 (283) ELT 188(A.P.)- IDBI ltd. = 2012 (10) TMI 873 – ANDHRA PRADESH HIGH COURT Held: Interpretation of statutes – Taxing statute – It has to be strictly constructed – Introducing or omitting any words from it is not permissible – When language of statute is plan and clear, any exercise to know intention of legislature is not called for nor taxing officer travel beyond power to levy and collect tax.
(2012) 281 ELT 321 (Mad.)- Nirma Limited = 2012 (10) TMI 832 – MADRAS HIGH COURT Held: The law is n

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ssumed. Implying thereby that when the legislature fails to provide for an enactment the subordinate legislation cannot not introduce enactment which was otherwise not provided in law.
Hence when the transitional provisions have not detailed any provision in respect of capital goods/ moulds then admittedly the same deserve to be cleared without payment of duty when essentially the duty was paid at the time of recipiet of the said goods under the erstwhile Central Excise Act, 1944.
v. That further we crave leave to refer and rely upon the CGST Circular no: 38/12/ 2018 dated 26.03.2018. That the said Circular is Issued to bring clarification in respect of job work and related compliance requirement for the principal and the job-worker.
vi. That specifically para. 8.4 of Circular dated 26.03.2018 provides that where goods are sent from one job worker to another job worker, the goods may move under Challan issued either by the principal or the job worker. In the alternative, the challan

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“Supply” & accordingly GST is not payable on such transfer.
Additional submissions on 27.06.2018
This is in reference to the above mentioned subject matter. That the short issue Involved under the present dispute is that whether GST is payable on transfer of capital goods/moulds from one job worker to another job worker, where originally the said goods were transferred by Principal to the job worker under erstwhile Central Excise Act, 1944.
That accordingly it is most humbly submitted that originally the capital goods/moulds were transferred by M/s. Meadwestvaco India Pvt. Ltd. (hereinafter referred to as “MWV”) to M/s. Shaily Engineering Plastics Ltd. (hereinafter referred to as “Shaily” for sake of brevity), and Shaily had availed credit on the said capital goods/ moulds.
That subsequently the business of Meadwestvaco was transferred as a going concern to M/S. Aphrodite Packing Solutions Pvt. Ltd. with effect from 31.08.2016. Thereafter the name of the company was changed to M/s.

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apital goods/mould, provisions of Section 14 of CGST Act,2017 cannot be made applicable to capital goods/mould and the same can be removed even after expiry of six months without payment of any duty.
That in light of above factual as well as legal background a ruling is sought in respect of Whether GST is payable when capital goods/moulds are transferred from one job worker to another job worker when originally said capital goods/ moulds were transferred by principal to the 1st job worker under delivery challan under erstwhile C. Ex. Law.
Additional Submissions on 25.07.2018
Facts:
A. The issue involved under the present dispute is that whether on transfer of machines (being capital goods) & moulds from the premises of the first job-worker to another job-worker under the CGST Act, 2017, which were originally received by the first job-worker under the erstwhile Central Excise Act, 1994 will constitute as “supply”.
B. That factual background as involved under the present applicatio

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Silgan has transferred the capital goods/moulds from 1st Job worker (i.e) M/s. Shaily to 2nd Job worker (i.e) M/s. Vasanth Tools Crafts Pvt. Ltd (hereinafter referred to “M/s. Vasanth for sake of brevity). That for your reference kindly find attached herewith copy of Challan and E-way bill duly marked as ANNEXURE-C.
That accordingly, the present application is being filed by M/s. Silgan in order to seek clarity in respect of the legal position that whether transfer of capital goods/moulds by the 1st Job worker to 2nd job worker will constitute as “'Supply” under CGST Act, 2017 or not.
Legal Submissions:
i. That in light of the above factual position, we prima facie crave leave to refer and rely upon section 143 of the CGST Act, 2017 which provides as below:
A registered person (hereinafter in this section referred to as the “principal l') may under intimation and subject to such conditions as may be prescribed, send any inputs or capital goods, without paymen t of tax, to job work

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ned to the said place within six months from the appointed day;
That in appreciation of the provision of law detailed supra, it is affirmed that transitional provisions relating to job work were limited to inputs only and the same cannot be made applicable to capital goods/ moulds and hence even if the capital goods/ moulds are transferred after expiry of 6 months as provided, still no GST shall be applicable on the said transfer of capital goods/ moulds.
iv. That in support of the above detailed contentions, we again crave leave to refer and rely upon section 143 of the Act, wherein certain conditions are stipulated for transfer of inputs or capital to job worker without payment of tax, the same are detailed below for your reference:
(a) bring back inputs, after completion of job work or otherwise, or capital goods, other than moulds and dies, jigs and fixtures, or tools, within one year and three years, respectively, of their being sent out, to any of his place of business, witho

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on such transfer of capital goods/ mould was availed by M/S. Shaily as consignee/ recipient of goods as provided/ permitted under erstwhile Cenvat Credit Rules. It is most humbly submitted that when Capital Goods/ Moulds belonging to principal manufacturer are transferred from the premises of supplier of principal manufacturer directly to job worker of principal manufacturer as “Consignee & Cenvat credit on such transfer is availed by job worker of principal supplier, provisions of Rule 4(5)(b) of erstwhile Cenvat Credit Rules,2004 for receipt back Of such capital goods/ moulds by principal manufacturer within stipulated time lime of two years are not applicable as provided in light of Circular No. 637/28/2002-CX., dt. 08.05.2002. Accordingly in appreciation of the Circular dt. 08.05.2002, the stipulated time of two years as provided under rule 4(5)(b) is admittedly not applicable in case where cenvat Credit was availed by M/s. Shaily(being job worker) as consignee/ recipient of goods

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icinal and Toilet Preparations (Excise Duties) Act, 1955, (16 of 1955.) the Additional Duties of Excise (Goods of Special Importance) Act, 1957, (58 of 1957.) the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978, (40 of 1978.) and the Central Excise Tariff Act, 1985 (5 of 1986.) (hereafter referred to as the repealed Acts) are hereby repealed.
(2) The repeal of the said Acts and the amendment of the Finance Act, 1994 (32 of 1994.)(hereafter referred to as “such amendment” or “amended Act”, as the case may be) to the extent mentioned in the sub-section (1) or section 173 shall not-
(a) revive anything not in force or existing at the time of such amendment or repeal; or
(b) affect the previous operation of the amended Act or repealed Acts and orders or anything duly done or suffered thereunder; or
(c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended Act or repealed Acts or orders under such repealed or amen

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ve unless explicitly provided to be retrospective by legislature – Interest liability upheld – Rule 14 of Cenvat Credit Rules, 2004 read with Section 11AB of Central Excise Act, 1944.
ix. That similarly, the Hon'ble Gujarat High Court in the case of Goyal Traders as reported in 2014(302) ELT 529 = 2011 (8) TMI 720 – GUJARAT HIGH COURT has explained that Amendments, either creating fresh liability hitherto not existing, or extinguishing accrued rights would be considered prospective unless the statute either specifically or by necessary implication gives such provision retrospective effect.
x. That the Principal bench, New Delhi under similar situation in the case of Gwalior Alcobrew Pvt. Ltd as reported in 2017(309) ELT 692 = 2014 (8) TMI 880 – CESTAT NEW DELHI has held that Interest on differential duty levied on finalization of provisional assessment – Sub-section (3) of Section 18 of Customs Act, 1962 was not in force on the date of filing of Bills of entry nor existing even on th

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er section 143 stands complied with in present case for transfer of capital goods by 1st job worker to 2nd job worker under “job work procedure”.
xii. That notwithstanding anything contained above, no time limit is prescribed in case of moulds and dies, jigs and fixtures, or tools either under the erstwhile law or the present law and hence conditions prescribed under section 143 in case of moulds and dies also stans complied with.
xiii. That further we crave leave to refer and rely upon the CGST Circular no: 38/12/ 2018 dated 26.03.2018. That the said Circular is issued to bring clarification in respect of job work and related compliance requirement for the principal and the job-worker.
xiv. That specifically para. 8.4 of Circular dated 26.03.2018 provides that where goods are sent from one job worker to another job worker, the goods may move under Challan issued either by the principal or the job worker. In the alternative, the challan issued by the principal may be endorsed by the

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reference to above subject matter. That in light of the hearing dt.26.07.2018, Your Honour had insisted upon clarification in respect of Cenvat credit in relation to capital goods availed by job worker. That accordingly, we carve leave to refer and rely upon the case of Uni Cast Pvt Ltd. as reported in 2016 (331) E.L.T. 369(All.) = 2015 (10) TMI 375 – ALLAHABAD HIGH COURT, whereby the Hon'ble Allahabad High Court has held and clarified that Cenvat credit can be availed by the Job-worker, the extract of the said case law is annexed herewith and marked as ANNEXURE-A.
Further in support of the contention we also wish to refer to case of German Remedies Ltd. as reported in 2002(144) ELT 606 (Tri.-Mumbai) = 2002 (4) TMI 140 – CEGAT, MUMBAI, extract of the same is annexed herewith and marked as ANNEXURE-B.
That notwithstanding the above, it is further submitted that Rule 3(5) of the erstwhile Cenvat Credit Rules, 2004 specifically provided that “When inputs or capital goods, on which Cenva

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oved as such or removed after being partially processed to a job worker for further processing, testing, repair, reconditioning or any other purpose in accordance with the provisions of existing law prior to the appointed day and such inputs are returned to the said place on or after the appointed day, no tax shall be payable if such inputs, after completion of the job work or otherwise, are returned to the said place within six months from the appointed day:
That on bare reading of the said provision and affirmed understanding can be attained that the transitional provisions solely covered inputs and their removal as such and further there exist no provision of law under CGST Act, 2017 providing for any ITC reversal mechanism in respect of removal of capital goods as such or after use hence in the scenario when the said provision failed to provide any explanation in respect of capital goods then no reversal on as such removal can be Subjected to capital goods and molds and tools in l

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ruling on.
(i)  Whether on transfer of machines & moulds (being “capital goods”), from the premises of the job-worker to another job-worker, which were originally received by said job worker under the erstwhile Central Excise Act, 1944 will constitute as “supply” under GST.
2. M/s. Silgan Dispensing Systems India Pvt. Ltd., registered under GSTIN NO.27AAPCA1687D171 is engaged in Trading Business. The applicants in Point No.15 (enclosed as Annexure 'A'), have stated that originally during the period 2012-13 & 2013-14, the machines & moulds were transferred to M/s. Shaily Engineering Plastics Limited hereinafter referred to as job worker') directly by the supplier of the principal manufacturer namely M/s. MWV India Pvt. Ltd.(hereinafter referred to as 'first principal manufacturer') Further in August, 2017, M/s. MWV India Pvt. Ltd., sold part of business under Slump Sale vide BTA dated 31.08.2016 to M/s. Aphrodite Packaging Solutions Pvt. Ltd., (herein after referred to as 'secon

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an be construed that the provisions detailed in Section 141(1) of the CGST Act, 2017, confine themselves to inputs only, whereas goods under consideration are capital goods in the nature of machines and moulds and in absence of any specific provision under the transitional provisions in respect of receipt of capital goods by job-worker under erstwhile Central Excise Law & lying with him as on appointed date of GST, present transfer of capital goods will not entail any GST liability. In support of the above said contention, the applicant relied upon the following judgements.
a. 2014 (299) ELT 3 (Mad.) = 2013 (11) TMI 240 – MADRAS HIGH COURT – Metal Weld Electrodes.
b. 2012 (283) ELT 188 (A.P.) = 2012 (10) TMI 873 – ANDHRA PRADESH HIGH COURT – IDBI Ltd.
c. 2012 (281) ELT 321 (Mad.) = 2012 (10) TMI 832 – MADRAS HIGH COURT – Nirma Ltd.
d. 2010 (262) ELT 50 (SC)  = 2010 (7) TMI 556 – SUPREME COURT OF INDIA – Balwant Singh.
4. Further, the applicant relied upon Para 8.4 of the CGST

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cise Law & lying With job worker as on appointed date of GST law the transactions of subsequent transfer of said items of machines & moulds (being Capital Goods) to another job worker upon request of principal manufacturer under “job work process” would not constitute as “Supply” & accordingly GST is not payable on such transfer.
FINDINGS
6. The basic issue to be decided in the application is whether on transfer of machines & moulds (being licapital goods”), from the premises of the job-worker to another job-worker, which were originally received by said job-worker under the erstwhile Central Excise Act, 1944 will constitute as “'supply” under GST.
The applicant in Point No.15 of the application, have stated that the originally the capital goods i.e. machines & moulds (pertaining to M/s. MWV India Pvt. Ltd., ie. first principal manufacturer) were sent for job work to M/s. Shaily Engineering Plastics Limited (job worker) during the period 2012-13 & 2013-14. Further, the applicant has

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ing, testing, repair, reconditioning etc., for the manufacture of final products or any other purpose, and it is established that the capital goods are received back by the manufacturer or the provider of output service, as the case may be, within two years of their being so sent:
(iii) If the capital goods are not received back within the time specified (i.e. two years) by the manufacturer, the manufacturer shall pay an amount equivalent to the CENVAT credit attributable to the capital goods by debiting the CENVAT credit.
In this case, M/s. MWV India Pvt. Ltd., (ie. first principal manufacturer) sent capital goods for job work to M/s. Shaily Engineering Plastics Limited (job worker) during the period 2012-13 & 2013-14. The applicant has taken over the business (including the capital goods) of first principal manufacturer in August, 2017. Till such time the capital goods was there with the Job worker viz. M/s. Shaily Engineering Plastics Limited (i.e. from 2012-13, 2013-14 to August

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the declaration electronically in FORM GST TRAN-1 and included the said capital goods in his TRAN-1;
(b) When the applicant took over the business of first principal manufacturer in August, 2017, it has to be seen whether the said capital goods are shown in his books of accounts i.e. shown the capital goods as his assets;
(c) the applicant after takeover of business from first principal manufacturer, has filed the declaration electronically in FORM GST TRAN-1 and included the said capital goods in his TRAN-1.
8. The claim of the applicant that Section 141(1) of the CGST Act,2017 does not include Capital Goods and hence GST need not be paid while transfer of capital goods from one job worker to another job worker, does not stand. The Section 141(1) of the CGST Act,2017, itself is not applicable to the applicant. The same is only for inputs sent to job worker and not the capital goods where in this case of applicant.
9. Further, the Board vide Circular No. 38/12/2018 dated 26.03.2

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ed goods to the Principal Manufacturer (M/s. MWV India Pvt. Ltd.,) or otherwise.
c) the first principal manufacturer has submitted the declaration electronically in FORM GST TRAN 1 and included the said capital goods in his TRAN-I (as on 30.06.2017) or otherwise;
d) When the applicant took over the business of first principal manufacturer in August, 2017, it has to be seen whether the said capital goods are shown in his books of accounts i.e. shown the capital goods as his assets or otherwise;
e) the applicant after takeover of business from first principal manufacturer, has filed the declaration electronically in FORM GST TRAN-I and included the said capital goods in his TRAN-1 or otherwise.
(i) Considering the facts discussed in foregoing paragraphs, the question framed by the applicant in Point No.14, whether on transfer of machines & moulds (being “capital goods”), from the premises of the job-worker to another job-worker, which were originally received by said job worker under

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er Sandhu, Advocate along with Sh. Bharat Rawal, C.A., appeared and made oral and written submission. The issue with respect to capital goods and moulds in the case was not clear and they stated that they would be making further submissions shortly. The Jurisdictional Officer was not present.
05. OBSERVATION
We have gone through the facts of the case, documents on record and submissions made by both, the applicant and the department. The basic issue before us is “whether on transfer of machines & moulds (being “capital goods”), from the premises of the job-worker to another job-worker, which were originally received by said job-worker under the erstwhile Central Excise Act, 1944 will constitute as “supply” under GST.”
The applicant has submitted that they proposed to transfer said machines/ moulds under the GST regime from the premises of Shaily Engineering Plastics Limited (their earlier job worker) to another job-worker namely M/s. Vasanth Tools Crafts Pvt. Ltd. The said capital

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e said Circular No. 637/28/2002-CX., dt. 08.05.2002 which is as below:-
Circular No.637/28/2002-CX 8th May, 2002
F.No. 267/12/2002-CX-8
Govt of India, MOF, Department of Revenue CBEC
Subject: Admissibility of CENVAT credit to inputs and capital goods used by the manufacturer outside the factory premises.
Board's attention has been drawn to the Supreme Court judgement in Civil Appeal No.5340-5341 of 2000 in the case of M/s. Jaypee Rewa Cement = 2001 (8) TMI 1332 – SUPREME COURT OF INDIA wherein the Apex Court has held that MODVAT credit on explosives used in mines (which are outside the factory premises) for mining of lime stone (intermediate product) shall be available to the manufacturing unit under Rule 57 J of the erstwhile Central Excise Rules, 1944. Accordingly, the matter of admissibility of Cenvat credit on inputs and capital goods when these are used outside the factory of manufacture of final product has been reviewed by Board in the light of new CENVAT Rules which c

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side factory]. This position remains unchanged in the present Cenvat Credit Rules, 2002.
From a reading of the Circular quoted by the applicant it is seen that nowhere it is mentioned that provisions of Rule 4(5)(b) of erstwhile Cenvat Credit Rules,2004 for receipt back of such capital goods/ moulds by principal manufacturer within stipulated time lime of two years are not applicable.
The applicant has cited Section 141 of the CGST Act, 2017, which deals with the Transitional Provisions and have submitted that on bare reading it can be construed that the said provisions are confined only to inputs, whereas goods under consideration are capital goods. Hence they have come to a conclusion that when the transitional provisions have not detailed any provision in respect of capital goods/moulds then admittedly the same deserved to be cleared without payment of duty since essentially the duty was paid at the time of receipt of the said goods under the erstwhile Central Excise Act, 1944. He

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er upon request of principal manufacturer under job work process” would not constitute as” Supply” & accordingly GST is not payable on such transfer.
Under Rule 4(5)(a) of the erstwhile CCR, 2004, the cenvat credit was allowed even if any inputs or capital goods as such or after being partially processed were sent to job worker for further processing, testing, repair, re-conditioning (or for the manufacture of intermediate goods necessary for the manufacturing of final products) or any other purposes, and it was established from the records, challans or memos or any other document produced by the manufacturer or the provider of output service, taking the cenvat credit that the goods were received back in the factory within one hundred and eighty days of their being sent from the factory or premises of the provider of output service, as the case may be. And if the inputs or the capital goods were not received back within one hundred eighty days, the manufacturer or provider of output s

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e manufacturer or the provider of output service taking the CENVAT credit that the capital goods are received back by the manufacturer or the provider of output service, as the case may be, within two years of their being so sent:
Provided that credit shall be allowed even if any capital goods are directly sent to a job worker without their being first brought to the premises of the manufacturer or the provider of output service, as the case may be, and in such a case, the period of two years shall be counted from the date of receipt of the capital goods by the job worker;
(iii) if the inputs or capital goods, as the case may be, are not received back within the time specified under sub-clause (i) or (ii), as the case may be, by the manufacturer or the provider of output service, the manufacturer or the provider of output service shall pay an amount equivalent to the CENVAT credit attributable to the inputs or capital goods, as the case may be, by debiting the CENVAT credit or otherw

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rer in August, 2017. Till such time the capital goods was there with the first Job worker (ie. for more than 3 years). As per the above Cenvat Credit Rules, 2004, if the capital goods were not received back within two years from the job worker, the manufacturer had to pay an amount equivalent to the CENVAT credit attributable to the capital goods by debiting the CENVAT credit account. In this case, the capital goods have not been received back from the first job worker even after three years and it is felt that the first principal manufacturer has not paid the Central Excise duty or debit the CENVAT account. Since, the duty has not been paid, the applicant is liable to pay GST while transferring the capital goods from the first job worker to the second job-worker namely M/s. Vasanth Tools Crafts Pvt. Ltd.
We find that the provisions of Rule 117 (Transitional Provisions) of the CGST Rules, 2017 provide for tax or duty to be carried forward under any existing law or on goods held in sto

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le I, made or agreed to be made without a consideration; and
(d) the activities to be treated as supply of goods or supply of services as referred to in Schedule II.
(2) Notwithstanding anything contained in sub-section (1),
(a) activities or transactions specified in Schedule III; or
(b)…………………………………….
(3) Subject to the provisions of sub-sections (1), and (2), the Government may, on the recommendations of the Council, specify, by notification, the transactions that are to be treated as-
(a) a supply of goods and not as a supply of services; or
(b) a supply of services and not as a supply of goods.
From the submissions made by the applicant it appears that neither they, nor the first principal manufacturer have carried forward the capital goods into the GST regime by following the procedure prescribed by Section 117 mentioned above. Hence the subject transaction Of transferring the capital goods from the first job worker to the second job worke

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In Re: M/s. Uttara Impex Private limited

In Re: M/s. Uttara Impex Private limited
GST
2018 (12) TMI 141 – AUTHORITY FOR ADVANCE RULING, MAHARASHTRA – 2019 (20) G. S. T. L. 452 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING, MAHARASHTRA – AAR
Dated:- 14-8-2018
GST-ARA-25/2018-19/B-88
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 UTTARA IMPEX PRIVATE LIMITED, the applicant, seeking and advance ruling in respect of the following issue.
* Classification of our products under GST regime.
At the outset, we would like to make it clear that the provisions of both the CGST Act and the MGST Act are the same except for certain provisions. Therefore, unless a men

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r this heading were exempted.
Under GST also there is similar description “Aquatic feed including shrimp feed and prawn feed, poultry feed & cattle feed, including grass, hay & straw, supplement & husk of puIses, concentrates & additives, wheat bran & de-oiled cake” in the exemption Notification No. 2/2017-lntegrated Tax (Rate) dated 28th June, 2017, Notification No. 2/2017-Central Tax (Rate) dated 28th June, 2017 and Notification No. 2/2017-Union Territory Tax (Rate) dated 28th June, 2017 under HSN codes 2301, 2302, 2308, 2309. However, we are facing some ambiguity in correct classification of our products. In our view it shall be covered under the aforesaid HSN codes and effectively the products will be exempted. However, due to different technical description of the products, there can be another school of thought and the tax may be levied at different rates, by revenue authorities on the said products.
STATEMENT CONTAINING APPLICANTS INTERPRETATION OF LAW IN RESPECT OF THE QUESTI

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Agencies reported in (1991) 82 STC 353 = 1991 (3) TMI 345 – ANDHRA PRADESH HIGH COURT it is argued that the opinion of experts is a safe guide and a valuable source in interpreting and deciding as to whether the commodities are animal feed supplement. Copies of the opinion of the following experts are enclosed herewith in support of the contention of the applicant:-
1. Guangdong VTR Bio-tech Co. Ltd., China.
2. Sinochem Yunlong Co. Ltd., China.
3. Hulunbeier Northeast Fufeng Biotechnologies Co. Ltd., China.
4. Ajinomoto Eurolysine S.A.S., USA.
5. Alzchem Nutrition Gmbh, Germany.
The expression, “Animal feed and feed supplement”, used in the entry 5(i) of the First Schedule to the Act has not been defined or assigned any meaning under the said Act and Rules made thereunder. Therefore, any commodity which is sold as feed and feed supplement for specific class of animals, namely poultry, cattle, pig, fish, prawns and shrimps is covered by the entry of the First Schedule and quali

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e description that only those animal feed and feed supplements that are named therein are to be treated as covered by this HSN codes and those not named therein are to be excluded from the above HSN codes. A Feed supplement is a commodity that supplements animal feed.
Also it can be noted from import documents that the products are imported and commercially traded as animal feed and feed supplements.
The certificates issued by various companies clearly state that the aforementioned products are used as animal feed and feed supplements and these are not for medicinal use or human consumption. The certificates issued by quality control department of following above said companies are submitted on record.
In the case of Commissioner of Commercial Taxes, Uttar Pradesh Vs Ram Chandra Asha Ram, reported in (2001) 123 STC 415 = 2000 (3) TMI 975 – SUPREME COURT OF INDIA, the Hon'ble Supreme Court of India has held that damaged wheat unfit for human consumption and meant for use after proces

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ce it known as 'ice cream' and shall not be classified as 'other dairy produce', The same principal may be applied in the applicant's case also. That even if as per the technical description the products can be classified under any other heading but the products are finally used as poultry feed supplements.
2. Shree Baidyanath Ayurved Bhawan Ltd. 2009 (SC) = 2009 (4) TMI 6 – SUPREME COURT (The copy of said judgment is enclosed herewith):- It was held that Lal Dantmanjan is used routinely for dental hygiene. It is not 'medicament/medicine' as ordinarily medicine is prescribed by medical practitioner and is for limited use only. The same principal may be applied in the applicant's case also. That even if as per the technical description the products can be classified under any other heading but the products are finally used as poultry feed supplements.
3. CCE v. Wockhardt Life Sciences Ltd. 2012 (277) ELT 299 (SC) = 2012 (3) TMI 40 – SUPREME COURT OF INDIA (The copy of said judgment is

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In addition to submissions made earlier, applicant also intends to submit the following:
We Uttara Impex Private Limited (“UIPL” or “Company” or “Applicant” or 'We”) holding GSTIN 27AABCU0589J120, mainly engaged in trading of various poultry feed products have filed above mentioned application for advance ruling.
In the course of its business the products namely DL Methonine, Bicarbonate, Phytase, Betaine, Monodicalcium, Tryptophan, UT Vit 50, Threonine, Lysine and Creamino are imported by us. The said products are feed supplements for consumptions as poultry feed only and are not capable of being used for any other use.
With respect of above products, the Company has made an application for obtaining advance ruling under section 96 of the CGST Act 2017 to sought the ruling on classification of the goods vide an application dated 17 May 2018 and have also made additional submission on 07 June 2018 and 25 July 2018 providing necessary documents as requested by your good office.
In

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and nutrition value is as tabled below –
Sr.No.
Name of the product
Ingredients
Nutritional value
Remarks as to why it can be used in poultry feed
1.
DL-Methionine (Feed Grade)
Methionine
Act as methyl donor and used in protein synthesis. Essential Amino acid.
Methionine is a limiting and essential amino acid in poultry. so, need to supply through feed as feed supplement to meet standard requirement of birds for their body maintenance and egg/meat production.
2.
Sodium Bicarbonate (Feed Grade)
Sodium
To maintain Acid- balance in body (NRC, 1994)
Sodium bicarbonate used as source of sodium to maintain acid-base balance in poultry feed. Sodium required for maintains of dietary electrolyte balance in poultry feed.
3.
L-lysine (Feed Grade)
Lysine
Essential Amino acid and used in protein synthesis.
Lysine is a limiting and essential amino acid in poultry so need to supply through feed as feed supplement to meet standard requirement of birds for their body maintenance and

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Threonine is a limiting and essential amino acid in poultry to meet standard requirement of birds for their body maintenance and egg/meat production.
8.
Sodium sulphate (Feed Grade)
Sodium
To maintain Acid-balance in body
Sodium Sulphate used as source of sodium to maintain acid-base balance in poultry feed. Sodium required for maintains of dietary electrolyte balance in poultry feed.
9.
Lysine Sulphate (Feed Grade)
Lysine
Essential Amino acid and used in protein synthesis.
Lysine is a limiting and essential amino acid in poultry so need to supply through feed as feed supplement to meet standard requirement of birds for their body maintenance and egg/meat production.
Source: Requirement of above nutrients are adapted from Applied Nutrition by DV Reddy and research papers.
Further we have attached herewith following documents for your reference purpose
1. Advance ruling order passed by Government of Karnataka in the case of M/s. Max Chem Pharma. Attached herewith as an anne

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ity in correct classification of Products (which are those products is not specified in question). In companies view products shall be covered under the HSN CODES 2301, 2302, 2308, 2309 AND effectively products will be exempted. However due to technical description of the products, there can be another school of thought and the tax may be levied at different rates by revenue authorities on the said products.
SUBMISSION AND VIEW OF JURISDICTIONAL OFFICER
From the reading of application/ANNEXTURES submitted by the dealer, it is observed that;
1) The dealer is trading in Poultry feed products which are covered by CGST notification No. 2/2017. On which whole of central tax is exempted. The relevant entry is as follows:
Sr.No.
Chapter Heading
Description of goods.
102 
2303, 2304, 2305, 2306, 2308, 2309
Aquatic feed including shrimp feed and prawn feed, poultry feed and cattle feed, including grass, hey and straw, supplement and husk of pulses, concentrate and additives, whe

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ese goods though not included in above mentioned poultry feed CGST notification No. 2/2017, GST shall not be levied on these goods also. According to dealer on the import documents, it is specified that these products are not for food or not for human consumption and those are of feed grade category, hence shall be classified under poultry feed and shall get exemption from GST.
4) Tax under GST levied as per commodity classified under HSN CODE and as per notification under the law only commodities covered by HSN CODE NO. 2302, 2304, 2305, 2306, 2308 and 2309 are classified as POULTRY FEED and exempted from GST. Thus while classifying poultry feed, law has excluded some entries like 2303/2307 from same HSN CHAPTER NO 23. On this background commodities which are classified and declared as taxable under HSN NO 2930/2922/3004 CANNOT BE CLASSIFIED AS POULTRY FEED.
5) The dealer's contention is not tenable. There are specific HSN codes and specific tax Rate entries for all these products.

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r, Sr. Technical Manager appeared and made oral and written submissions. They were requested to give detailed write-up, Catalogue and composition of the products under present proceedings and whether they are of chemical origin or otherwise individually latest by 12.08.2018 without fail. The Jurisdictional Officer was not present but telephonically informed that their earlier submissions may be relied upon.
05. OBSERVATIONS
We have gone through the facts of the case and the submissions made by the applicant and the department. We find that –
1) “Applicant” is mainly engaged in trading of various poultry feed products. In the course of its business the products namely DL Methionine, bicarbonate, Phytase, Betaine, Monodicalcium, Tryptophan, UT Vit 50, Threonine, Lysine and Creamino are imported by the applicant. Applicant submits the said products are feed supplements for consumption as poultry feed only and are not capable of being used for any other use. As per the contention of the

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of goods mentioned in the entry – 102 and in particular poultry feed, cattle feed, supplement, concentrate and additives. We also find that other products covered by the said entry are self-explanatory and require no discussion. Further we find that the expression which are central point of discussion i.e. poultry feed, animal feed, supplement, concentrate and additives are not defined in the statute or in the notification issued under the Act. As such we may refer the Wikipedia or dictionary to understand these expressions:
Definition of feed – as per dictionary to furnish something essential to the development, sustenance, maintenance, or operation of reading feeds the mind
CAMBRIDGE DICTIONARY
to give food to a person, group, or animal
As per WIKIPEDIA
Animal feed
Animal feed is food given to domestic animals in the course of animal husbandry. There are two basic types: fodder and forage. Used alone, the word “feed” more often refers to fodder.
Fodder
“Fodder” refers particu

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ghages, depending on their composition. Concentrates are feeds that contain a high density of nutrients, usually low in crude fiber content (less than 18% of dry matter (DM)) and high in total digestible nutrients. Roughages are feeds with a low density of nutrients, with a crude fiber content over 18% of DM, including most fresh and dried forages and fodders.
Concentrates may be high in energy, referred to as energy concentrates, such as cereals and milling by-products, or high in protein, with over 20% crude protein, referred to as protein concentrates. Concentrates may be fed in raw or milled forms as individual feeds (sometimes referred to as straights), or may be blended or formulated into balanced rations for particular production purposes (compound
CONCENTRATE MEANING
MERRIAM WEBSTER DICTIONARY
a feedstuff (such as grains) relatively rich in digestible nutrients
ADDITIVES MEANING.
CAMBRIDGE ENGLISH DICTIONARY
a substance that is added to food in order to improve its taste

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animal based upon the nature of husbandry such as meat, milk, egg etc.
Further we find that entry 102 of the exemption notification is not open ended. It cover those goods that are falling under chapter Heading 2301, 2302,2304,2305,2306,2308 and 2309 and which satisfy the description of goods as animal feed, supplement, concentrate and additives. These imported goods alone are eligible to avail the benefit of tax exemption under the GST ACT. It is therefore imperative to examine in detail chapter 23 of the CET –
We find that Chapter 23 is related to the “Residual and Waste from the food Industries prepared Animal fodder” and therefore goods classifiable under the tariff codes as stated above are only covered and eligible for exemption benefit under entry no. 102 of the exemption notification mentioned above. Thus the benefit under Entry No. 102 is restricted as above:-
We find that the details of tariff code (HSN) and its description as per tariff are as under:
Sr. No.of Not.If.

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aceans, molluscs or other aquatic invertebrates :
 

Fish meal, unfit for human consumption:
23012011
–
In powder form
23012019
–
Other
23012090

Other
 
 
 
2302 BRAN, SHARPS AND OTHER RESIDUES, WHETHER OR NOT IN THE FORM OF PELLETS, DERIVED FROM THE SIFTING, MILLING OR OTHER WORKING OF CEREALS OR OF LEGUMINOU S PLANT
2302
 
BRAN, SHARPS AND OTHER RESIDUES, WHETHER OR NOT IN THE FORM OF PELLETS, DERIVED FROM THE SIFTING, MILLING OR OTHER WORKING OF CEREALS OR OF LEGUMINOUS PLANTS
230210
–
Of maize (corn) :
23021010

Maize bran
23021090

Other
23023000
–
Of wheat
23024000
–
Of other cereals
23025000
–
Of leguminous plants
 
 
 
2304
Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya bean oil
 
 
 
2305
Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction

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oil-cake meal, decorticated expeller variety
23061020

Oil-cake and oil-cake meal, decorticated, solvent extracted (defatted) variety
23061030

Oil-cake and oil-cake meal, undecorticated, expeller variety
23061040

Oil-cake and oil-cake meal, undecorticated, solvent extracted (defatted) variety
23061090

Other
230620
–
Of linseed :
23062010

Oil-cake and oil-cake meal, expeller variety
23062020

Oil-cake and oil-cake meal, solvent extracted (defatted) variety
23062090

Other
Further applicant as per instructions during the course of proceedings had made submission with respect to each of his products such as Name of supplier, origin, process under taken by the supplier and catalogue.
On the basis of above, it is evident from the description of animal feeds that only those products that merit classification in the corresponding to HSN code as per details above are eligible for exemption from payment of GST vide entry 102 of the exemption notification. On perusa

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),PHOSPHONATES (PHOSPHITES) AND PHOSPHATES; POLYPHOSPHATE, WHETHER OR NOT CHEMICALLY DEFINED
2835
 
PHOSPHINATES (HYPOPHOSPHITES), PHOSPHONATES (PHOSPHITES) AND PHOSPHATES; POLYPHOSPHATES, WHETHER OR NOT CHEMICALLY DEFINED
283510
–
Phosphinates (hypophosphites) and Phosphonates (phosphites) :
28351010

Calcium hypophosphite
28351020

Magnesium hypophosphite
28351090

Other
 
–
Phosphates :
28352200

Of mono-or disodium
28352400

Of potassium
28352500

Calcium hydrogenorthophosphate (“dicalcium phosphate”)
283526

Other phosphates of calcium :
28352610

Calcium monobasic phosphate
28352620

Calcium tribasic phosphate
28352690

Other
283529

Other :
28352910

Magnesium phosphate, monobasic
28352920

Magnesium phosphate, dibasic
28352930

Magnesium phosphate, tribasic
28352940

Sodium hexametaphosphate
28352990

Other
 
–
Polyphosphates :
28353100

Sodium triphosphate (sodium tripoly-phosphate)
28353900

O

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nine(29304000), Sodium Bicarbonate (28363000), Betaine  29239000), Tryptophan (29224990), Threonine (29225090), Lysine HCL (29224100), Sodium Sulphate (28331990), Lysine sulphate (29224100) and Monocalcium Phosphate (28352610). These products are covered under schedule Ill and they would be liable to taxes @18 % IGST. However the product Di Calcium phosphate (2835 2610) would fall under Sr. no. 105 of notification no 2/2017-Integrated Tax (Rate) dated 28/06/2017.
06.  In view of the extensive deliberations as held hereinabove, we pass an order as follows:
ORDER
(Under section 98 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017)
NO.GST-ARA- 25/2018-19/B-88
Mumbai, dt. 14/08/2018
For reasons as discussed in the body of the order, the questions are answered thus –
Question: – Classification of our products under GST regime
Answer :- The products referred under application are not covered under entry 102 of the notifica

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FRIDGEHOUSE RETAIL PRIVATE LITED Versus GST COUNCIL, REPRESENTED BY ITS REVENUE SECERETARY AND EX-OFFICIO SECRETARY TO THE GST COUNCIL SECRETARIATE, NEW DELHI, COMMISSIONER OFFICE OF THE GST COUNCIL SECRETARIAT, NEW DELHI, COMMISSIONER OF STATE

FRIDGEHOUSE RETAIL PRIVATE LITED Versus GST COUNCIL, REPRESENTED BY ITS REVENUE SECERETARY AND EX-OFFICIO SECRETARY TO THE GST COUNCIL SECRETARIATE, NEW DELHI, COMMISSIONER OFFICE OF THE GST COUNCIL SECRETARIAT, NEW DELHI, COMMISSIONER OF STATE TAX TAX TOWER, KILLIPPALAM, THIRUVANANTHAPURAM AND THE DEPUTY COMMISSIONER OF CENTRAL EXCISE, KATRIKADAVU
GST
2018 (10) TMI 1135 – KERALA HIGH COURT – TMI
KERALA HIGH COURT – HC
Dated:- 14-8-2018
WP (C). No. 27594 of 2018
GST
MR DAMA SESHADRI NAIDU, J.
For The Petitioner : ANIL D. NAIR, SRI. ACHYUT K PADMARAJ AND SRI. SREEJITH R.NAIR
For The Respondent : ASSISTANT SOLICITOR GENERAL (ASG) AND CENTRAL GOVT.COUNSEL,OTHERTHAN CASES OF INCOME TAX AND RLY.
JUDGMENT
The petitioner

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l Mechanism to address the grievances of taxpayers due to technical glitches on GST Portal.” Paragraph 5 of the circular outlines the procedure the Nodal Officers is to follow. It reads:
5. Nodal officers and identification of issues
5.1 GSTN, Central and State government would appoint nodal officers in requisite number to address the problem a taxpayer faces due to glitches, if any, in the Common Portal. This would be publicized adequately.
5.2 Taxpayers shall make an application to the field officers or the nodal officers where there was a demonstrable glitch on the Common Portal in relation to an identified issue, due to which the due process as envisaged in law could not be completed on the Common Portal.
5.3 Such an applicat

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bmit that this Court on earlier occasions permitted the petitioners to apply to the Nodal Officer for the issue resolution.
5. So, in this case also, the petitioner may apply to the Nodal Officer. The petitioner applying, the Nodal Officer will look into the issue and facilitate the petitioner's uploading FORM GST TRAN-1, without reference to the time-frame. Ordered so.
6. I may also observe that if the petitioner applies within two weeks after receiving this judgment, the Nodal Officer will consider it and take steps within a week thereafter. If the uploading of FORM GST TRAN-1 is not possible for reasons not attributable to the petitioner, the authority will also enable it to take credit of the input tax available at the time of its mig

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SELFFRIDGES PRIVATE LIMITED Versus GST COUNCIL REPRESENTED BY ITS REVENUE SECRETARY AND EX-OFFICIO SECRETARY TO THE GST COUNCIL SECRETARIATE, NEW DELHI, COMMISSIONER, OFFICE OF THE GST COUNCIL SECRETARIAT, NEW DELHI, THE COMMISSIONER OF STATE TA

SELFFRIDGES PRIVATE LIMITED Versus GST COUNCIL REPRESENTED BY ITS REVENUE SECRETARY AND EX-OFFICIO SECRETARY TO THE GST COUNCIL SECRETARIATE, NEW DELHI, COMMISSIONER, OFFICE OF THE GST COUNCIL SECRETARIAT, NEW DELHI, THE COMMISSIONER OF STATE TAX TAX TOWER, KILLIPPALAM, THIRUVANANTHAPURAM AND THE DEPUTY COMMISSIONER CENTRAL EXCISE, KATRIKADAVU
GST
2018 (10) TMI 1134 – KERALA HIGH COURT – 2019 (20) G. S. T. L. 706 (Ker.)
KERALA HIGH COURT – HC
Dated:- 14-8-2018
WP(C). No. 27584 of 2018
GST
MR DAMA SESHADRI NAIDU, J.
For The Petitioner : Adv. Anil D.Nair
For The Respondents : Adv. Assistant Solicitor General (ASG)
JUDGEMENT
The petitioner, a registered dealer under the Kerala Value Added Tax Act, has now migrated to

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the procedure the Nodal Officers is to follow. It reads:
5. Nodal officers and identification of issues 5.1 GSTN, Central and State government would appoint nodal officers in requisite number to address the problem a taxpayer faces due to glitches, if any, in the Common Portal. This would be publicized adequately.
5.2 Taxpayers shall make an application to the field officers or the nodal officers where there was a demonstrable glitch on the Common Portal in relation to an identified issue, due to which the due process as envisaged in law could not be completed on the Common Portal.
5.3 Such an application shall enclose evidences as may be needed for an identified issue to establish bona fide attempt on the part of the taxpayer to comply

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M/s Bharat Rolling Mills Versus Commissioner of CGST & Central Excise, Allahabad

M/s Bharat Rolling Mills Versus Commissioner of CGST & Central Excise, Allahabad
Central Excise
2018 (9) TMI 1487 – CESTAT ALLAHABAD – TMI
CESTAT ALLAHABAD – AT
Dated:- 14-8-2018
APPEAL No. E/70014/2018-EX[SM] – A/71960/2018-SM[BR]
Central Excise
Mr. Anil G. Shakkarwar, Member (Technical)
Shri S. P. Ojha (Consultant) for Appellant
Shri Pradeep Kumar Dubey (Supdt.) AR for Respondent
ORDER
Per: Anil G. Shakkarwar
The present appeal is arising out of Order-in-Appeal No.181/CE/ALLD/2017 dated 03/10/2017 passed by Commissioner (Appeals) CGST & Central Excise Commissionerate, Allahabad.
2. Brief facts of the case are that the appellants were engaged in the manufacture of rolled products of Iron & Steel. They were iss

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for the appellant has submitted that the Departmental Officers visited their factory on 25/09/2008 and verified various registers including RG-1 Register and Cenvat Account Register and copies of the relevant pages of said Registers are placed in the appeal paper book. He has submitted the matter had come to the notice of Revenue on 25/09/2008 and that the show cause notice was issued on 04/05/2011 under extended period of limitation and therefore, the demand is time barred.
4. Heard the learned A.R. for Revenue who has supported the impugned Order-in-Appeal.
5. Having considered the contentions from both sides and on perusal of record, I find that the Departmental Officers visited the factory on 25/09/2008 and made endorsement on variou

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MOUNTAIN VALLEY SPRINGS INDIA PVT LTD. Versus THE ASSISTANT/DEPUTY COMMISSIONER OF GOODS AND SERVICES TAX AND ORS

MOUNTAIN VALLEY SPRINGS INDIA PVT LTD. Versus THE ASSISTANT/DEPUTY COMMISSIONER OF GOODS AND SERVICES TAX AND ORS
GST
2018 (9) TMI 372 – DELHI HIGH COURT – 2018 (16) G. S. T. L. 3 (Del.)
DELHI HIGH COURT – HC
Dated:- 14-8-2018
W. P. (C) 7100/2018 And W. P. (C) 7100/2018, C. M. APPL. 32668/2018
GST
MR. RAVINDRA BHAT AND MR. A. K. CHAWLA, JJ.
For The Petitioner : Sh. Mohit Bhardwaj, Advocate
For The Respondents : Sh. Sanjeev Narula, Sr. Standing Counsel and Sh. Abhishek Ghai, Advocate And  And Sh. Dev. P. Bhardwaj, CGSC with Ms. AnubhaBhardwaj, for UOI
ORDER
W.P.(C) 7100/2018, C.M. APPL.32668/2018
Learned counsel for the applicant seeks to amend the claim in these petitions by challenging the vires of Section

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pril, 2018. It is stated that out of 17,000 such cases, issue has been resolved and settled in approximately 13,000 cases. It is submitted that in each case where it is found that the assessee could not upload data due to any technical glitch or problem, benefit is given. It is submitted that the case of the present petitioners is also being considered as per the grievance redressal mechanism. Lastly, it is submitted that wherever any claim or representation is rejected, a speaking order giving the reasons would be passed and communicated to the concerned petitioner. Learned counsel for the petitioners state that they have already made a representation to the respondent authorities under the grievance mechanism and would pursue the said rem

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Hariprabha Chemicals P. Ltd. Versus CCGST, Kolhapur

Hariprabha Chemicals P. Ltd. Versus CCGST, Kolhapur
Central Excise
2018 (9) TMI 19 – CESTAT MUMBAI – TMI
CESTAT MUMBAI – AT
Dated:- 14-8-2018
Appeal No. E/86454/2018 – A/87094/2018
Central Excise
Dr. Suvendu Kumar Pati, Member (Judicial)
Shri D.H. Nadkarni, Advocate for the appellant
Shri Sanjay Hasija, Supdt. (AR) for the respondent
ORDER
Denial of availment of cenvat credit of Rs. 16,84,841/- on a single day on 30.09.2014 after notification no. 21/14- CE(NT) effective from 01.09.2014 against past five invoices pertaining to the period between 05.09.2010 and 22.08.2013 has been challenged in this appeal after such denial of the first adjudicating authority has been upheld by the Commissioner (Appeals-I), Central Tax, Pune.
2. Factual backdrop of the case is that appellant company was availing cenvat credit of capital goods and input services as well as using those towards central excise duty on finished excisable goods. There was no restriction for such ad

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1999 (114) ELT 964, ld. Counsel for the appellant Shri D.H. Nadkarni argued that Notification can have prospective effect only and should be considered applicable to all documents/ invoices raised after 11.07.2014, on which date the amendment was made. Prior to that, no stipulated time was prescribed to avail the said credit. Credit in respect of pending invoices has been availed and utilised immediately after the Notification upon arising of contingencies concerning discharge of central excise duty on finished excisable goods and therefore there was no malafide intention that can be inferred from the conduct of the appellant to invoke extended period. He further submits that in view of settled principle of law after pronouncement of Hon'ble High Court of Madhya Pradesh in Bharat Heavy Electrical Ltd. [2016 (332) ELT 411 (MP)] and Bhushan Steel & Strip Ltd. 1999 (114) ELT 964 (T) credit cannot be denied on goods received against duty paying document before issue of such Notificati

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d to its application and no explanation even by way of clarificatory orders by the department is found in respect of application of the Rule to the invoices raised prior to the amendment date or about adjustment of such credit in so called breathing period of nearly one month and three weeks during which period, situation might not have arisen to avail such credit since production is influenced by lot of factors including rainy season, labour problem etc. The clarificatory order issued by the CBEC Board vide Circular no. 990/14/2014-CX-8 dated 19.11.2014 which has been referred in the show-cause notice is unrelated to the issue in hand since it has exempted the period of limitation in three contingencies if within six months credit was taken for the first time and subsequently reversed. Under such situation, it would be irrational to deny credit would be given to the documents against which credit might have been availed, had the insertion of proviso stipulating six months to avail suc

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Seeks to extend the due dates for the furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover of upto 1.5 crore for the months of July, 2018 to March, 2019

Seeks to extend the due dates for the furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover of upto 1.5 crore for the months of July, 2018 to March, 2019
1143-F.T. – 33/2018-State Tax Dated:- 14-8-2018 West Bengal SGST
GST – States
West Bengal SGST
West Bengal SGST
GOVERNMENT OF WEST BENGAL
FINANCE DEPARTMENT
REVENUE
NOTIFICATION
No. 1143-F.T.
Howrah, the 14th day of August, 2018.
No. 33/2018-State Tax
In exercise of the powers conferred by section 148 of the West Bengal Goods and Services Tax Act, 2017 (West Ben. Act XXVIII of 2017), (hereafter in this notification referred to as the said Act), the Governor, on the recommendations of the Council, is pleased hereby to notify that the registered person

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refund of capital goods under inverted duty

refund of capital goods under inverted duty
Query (Issue) Started By: – satbir singhwahi Dated:- 13-8-2018 Last Reply Date:- 29-8-2018 Goods and Services Tax – GST
Got 2 Replies
GST
Sir
department has paid refund for inverted duty structure for july 17, which includes refund on capital goods. How to rectify in books .Pls guide the procedure.
Reply By satbir singhwahi:
The Reply:
Sir
pls guide
Reply By Yash Jain:
The Reply:
Sir,
First of all inverted duty refund should be tak

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COMPOSITE DEALER

COMPOSITE DEALER
Query (Issue) Started By: – SURYAKANT MITHBAVKAR Dated:- 13-8-2018 Last Reply Date:- 21-8-2018 Goods and Services Tax – GST
Got 5 Replies
GST
Under Composite Dealer The rate applicable to the supplies (i.e. Manufacturer supply & Traders Supply) is the rate at which GST has to be paid.
Reply By Himansu Sekhar:
The Reply:
What is the query?
Reply By SHIVKUMAR SHARMA:
The Reply:
You have to Pay GST 1%(CGST 0.5% & SGST 0.5%) to the govt. .But You can not charged the

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EXEMPTION TO E-WAY BILL REQUIREMENT – PART II

EXEMPTION TO E-WAY BILL REQUIREMENT – PART II
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 13-8-2018

Exemption under Notification 07/2017-Central Tax (Rate)
The Central Government vide Notification No.07/2017-Central Tax (Rate), dated 28.06.2017 exempted the following goods from the levy of GST-
* Any Chapter – The supply of goods by the CSD to the Unit Run Canteens;
* Any Chapter – The supply of goods by the CSD to the authorized customers;
* Any Chapter – The supply of goods by the Unit Run Canteens to the authorized customers
Rule 138 (14) (j) exempted the goods notified in Notification No.07/2017-Central Tax (Rate) from the e-way bill requirement.
Exemption under Notification No. 26/2017-Central Tax (Rate)
The Central Government granted exemption, vide Notification No.26/2017-Central Tax (Rate), dated 21.09.2017, intra state supply of heavy water and nuclear fuels falling in Chapter 28 of the First Schedule to the Customs Tariff A

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. No
Description of Goods
Chapter/Heading/Sub- heading/Tariff item
(1)
(2)
(3)
1
Vegetable and Edible Oil
1507 to 1518
2
Confectionery
1704
3
Pan Masala
2106-90-20
4
tobacco and tobacco products
2402, 2403
5
Sheets for veneering, Laminated Sheet, Particle board, Fibre
board. Plywood
4408, 4410, 4411, 4412
6
Tiles and other ceramic products
6901, 6904 to 6907, 6910
7
Iron and Steel, Articles of Iron and Steel
7201 to 7217, 7303 to 7308, 7312 to 7318, 7320, 7324
8
Electrical & Electronic goods
Chapter 85, Chapter 90
9
Parts and accessories of Motor vehicles and other vehicles
8708, 8714
10
Furniture
9403
11
Mineral waters and aerated waters, beverages
2201.22
12
Footwear
Chapter 64
13
Cement and Cement products
2523, 6810,6811
14
Aluminum and Aluminum products
7601, 7604 to 7610, 7614 to 7616
15
Machinery, mechanical appliances and Parts thereof
8414, 8415, 8418, 8419, 8422, 8450, Chapter 85, Chapter 90
Goa
Vide NOTIFICATION NO.CCT/26-

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o. GSL/GST/RULE-138(14)/B.12, dated 11.04.2018, the Commissioner of State Tax, Gujarat State hereby notifies that no E-Way Bill is required to be generated for intra-city movement as well as intra-state movement of all goods within whole of the territory of the State except for intra-state movement within whole of the territory of the State of following 19 goods of consignment value exceeding fifty thousand rupees-
1. All kinds of edible oils
2. All kinds of taxable Oil seeds
3. All kinds of oil cakes
4. Iron and Steel
5. Ferrous and Non-ferrous metal and scrape thereof
6. Ceramic tiles
7. Brass parts and Brass items
8. Processed Tobbaco and products thereof
9. Cigarette, Gutkha and Pan Masala
10. All types of Yanrs
11. All types of Plywood, Block board, Decorative and Laminated Sheets
12. Coal including Coke in all its forms
13. Timber and Timber products
14. Cement
15. Marble and Granite
16. Kota Stones
17. Naphtha
18. Light Diesel Oil
19. Tea (in leaf or powder f

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ucts
Jharkhand
Vide Notification No. S.O. – 33 Dated – 31st March, 2018, the Commissioner notified that the provisions of rules 138 so far as they relate to generation of e-way bill, in respect of movement of the goods stated in column (3) of the Table below and within such area as mentioned in column (2) of the said Table shall not apply for the period starting from 1st April, 2018 till further order.
Table
Sl.No.
Area
Particulars
(1)
(2)
(3)
1.
Whole of the State of Jharkhand
Goods Covered under-
(a) Schedule – I, II, III, IV, V and Schedule – VI of Notification No. 1/2017, State tax (Rate), published in the official Gazette, Extraordinary, vide S.O. 31 dated 29th June 2017, as amended from time to time.
(b) Notification No. 2/2017, published in the official Gazette, Extraordinary, vide S.O. 32 dated 29th June 2017, as amended from time to time.
Kerala
Vide Notification No. 3/2018 – State Tax, dated 14.05.2018, the Chief Commissioner of Central Tax, Kerala hereby noti

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a State Goods and Services Tax Act, 2017, as the case may be.
3
All goods
within the State; up to 25 KM from the registered business place of a taxable person from where the movement begins.
Irrespective of value
i. the supply should be from the registered business place of a taxable person to an unregistered end customer ; and
ii. the movement shall be accompanied by an invoice issued under Sec.31 of the Act.
Madhya Pradesh
Vide Notification No. FA-3-08/2018-1-V-(43), dated 24.4.2018 The Commissioner of State Tax Madhya Pradesh notified that No e-way bill shall be required to be generated for intra-state movement of goods in the State of Madhya Pradesh, except for the goods mentioned in column No. (2), with its Chapter/Heading/Sub-heading/Tariff item in column No. (3) of the table given below, when the movement of such goods commences from within the area of any district of Madhya Pradesh and terminates within the area of any other district of Madhya Pradesh, subject to the

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es that no e-way bill is required to be generated for the transport of following goods, for intra-State movement i.e., within the State of Tamil Nadu-
Sl. No.
DESCRIPTION
1
Agricultural implements manually operated or animal driven such as:
I. Agricultural implements manually operated:
(1) Crow bar (2) Spades (3) Sickles (4) Knives (5) Rotary hoes (6) Shovels (7) Hand operated sprayers and dusters (8) Kozhu (9) Koonthalam (10) Pick axe (11) Digging fork (12) Mammoty fork (13) Subsoil injector (14) Levellors (15) Hoes (16) Sledge hammer (17) Direct Paddy Seeder (18) Wet land weeder.
II. Agricultural implements animal driven:
(1) All makes of country ploughs (2) Kamalai Thoni (3) Thopporai Valayam (4) Iron water shifting cover (5) Levellers
2
Agricultural implements those powered or operated by tractors or power tillers as their parts and accessories, Sprayers, sprinklers and drip irrigation equipments including their parts and accessories.
3
Agricultural implements Bed Ploug

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ensils not operated by pressure and electricity
10
Appalam, Pappad, Vadam, Vathal
11
Articles made of sea shells
12
Bhavani carpet and Bhavani mat
13
Bacterial culture for agriculture purpose, Organic manure and all kinds of seeds including green manure seeds excluding oil seeds.
14
Bagasse
15
Bangles other than those made of precious metals
16
Bun and Rusk ( branded or otherwise)
17
Broomsticks
18
Candies
19
Cart driven by animals and Hand carts
20
Chips, Mixture, Murukku (Unbranded)
21
Condemned tyres (not used for retreading)
22
Chillies and chilly powder, coriander and coriander powder, turmeric and turmeric powder, shikakai and shikakai powder, tamarind and asafetida (Hing) ( without brand name)
23
Coarse grains, paddy and rice including broken rice.
24
Copy books and student books
25
(i) Curd, lassi, butter-milk and separated milk.
(ii) Butter
26
Cotton rope, Pulichakeerai rope and Braided cord.
27
Cotton seed husk, coconut husk and paddy husk

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orticultural purposes, namely:-
(a) Chemical Fertilizers
(b) Insecticides, Pesticides, Rodenticides, Weedicides, Fungicides, Flerbicides and combinations thereof, Plant-growth promoters, Plant Nutrients, Micro Nutrients and Bio fertilizers.
40
Goods transported to Fair price shops/Tamil Nadu Civil Supplies Corporation Godowns/Public Distribution System Godowns.
41
Goods manufactured by Village blacksmiths and adisarakku items (1) Adi thanda (2) Angle Brackets (3) Arukamanai (4) Bed Bolt (5) Clamps used in pump sets (6) Door Chains (7) Door Jakki (8) Door Kundu (9) Door Pattas (10) Dosai Chatti (11) Ghamellas or Santhu Chatti (12) Keels (13) Keels used in pump sets (14) Kokki Bold (15) Kolu Pattai used in tractor (16) Kolu Pattai (17) Kolu Aani, Kasu Aani used in ploughs (18) Kumizh sets (19) Kondis (20) L Brackets (21) Mookanam Kayiru Chains (22) Nembu (23) Spoons made of steel (24) T. Thappal (25) Vandi Pattai (26) Vandi Acchu (27) Vasakkal Brackets (28) Iron vadai chatti (29) I

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ood components and blood plasma.
54
(i) Hurricane lights and bed room lights burning on oil,
(ii) Kerosene lamps (other than gas lights and petromax lights),
(iii) Kerosene stoves,
55
Indian musical instruments includinglindigenous handmade musical instruments.
56
Indigenous Sericulture products
57
Insulin of all types
58
Jaggery and gur including Jaggery powder and Nattuchakkarai
59
Jatropha seeds and Jatropha oil
60
Job work & Services relating to Yarn, Fabric and Garments.
61
(1) Khadi garments/goods and made-ups
(2) Readymade garments and made-ups manufactured and sold by institutions affiliated to Khadi and Village Industries Board.
(3) All goods produced or manufactured by village industries as specified in the schedule to the Khadi and Village Industries Commission Act, 1956 (Central Act 61 of 1956) and sold by the institutions certified for the purpose by the Khadi and Village Industries Commission, Mumbai and its regional office in Chennai.
62
Licensed so

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paddy or rice coated with sugar or gur, rice flour ,rice bran and de-oiled rice bran.
73
Rubber play balls and balloons.
74
Rubberised textile fabrics
75
Sago
76
Sale of oil cakes including de-oiled cakes
77
Sale of peas and peas dhall including broken, husk and dust thereof,
78
Sale of the following pulses and grams including broken, splits, flour, husk and dust thereof and parched and fried grams made from them.
(1) Gram or gulab gram.
(2) Tur or arhar.
(3) Moong or green gram.
(4) Masur or lentil.
(5) Urad or black gram.
(6) Moth.
(7) Lekh or khesari.
(8) Mochai.
(9) Karamani.
(10) Thatta Payaru
(11) Kollu.
(12) Avarai.
79
Saree falls
80
Siddha Medicine
81
Silkworm laying, cocoon and raw silk including indigenous raw silk and indigenous silk yarn.
82
Stitched handloom hand kerchiefs and Mill made hand kerchiefs
83
Sugar-candy and bura sugar.
84
Tapioca kappi, Tapioca thippi, groundnut shell, coconut shell and its chips.
85
Tamil Daily sheet cale

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ing hair belting
94
Woven fabrics of cotton.
95
Woven fabrics of artificial filament yarn
96
Woven fabrics of synthetic filament yarn
97
Woven fabrics of artificial staple fibres
98
Woven fabrics of synthetic staple fibres
99
(i) Woven pile fabrics and chenille fabrics of wool, cotton or man- made fibres
(ii) Terry toweling and similar woven terry fabrics and tufted textile fabrics
(iii) Gauze
(iv) Lace in the piece in strips or in motifs of cotton or man-made fabrics
(v) Embroidery in the piece, in strips or in motifs
(vi) Narrow woven fabrics
100
Pile fabrics, including 'Long pile' fabrics and terry fabrics, knitted or crocheted.
Thresold limit
Inter-State Sales
Rule 138 (1) provides that every registered person who causes movement of goods of consignment value exceeding fifty thousand rupees is to generate e-way bills for iner-State transactions.
Intra-State Sales.
Bihar – Notification No. S.O. 180 dated 19th April 2018, the limit is ₹ 2 lakhs

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