TMI Blog2023 (12) TMI 1049X X X X Extracts X X X X X X X X Extracts X X X X ..... de of operation intended by the applicant i.e. purchase of raw effluent, treating the same and selling the resultant products, can be classified as sale of goods, if and only if, the applicant follows the procedures envisaged in the Sale of Goods Act and rationale of the observations of Hon'ble Supreme Court. If such is the case, the proposed mode of purchase of raw effluent, treat it on own account and supply of output, can be treated as sale of goods and consequently the first question is answered in the affirmative. Whether the classification of water sold as 'water including natural or artificial mineral waters and aerated waters, not containing added sugar or sweetening matter, not flavoured (other than drinking water packed in 20 litre bottles) under heading 2201 is correct? - HELD THAT:- Water grouped under the heading 22.01 is ordinary water whether or not clarified or purified. And this heading specifically excludes distilled or conductivity water and water of similar purity which are classified in heading 28.53. Therefore, it is amply clear that, water recovered out of the effluent treatment process nothing but an ordinary water which is suitable for reuse by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licant by fraud or suppression of material facts or misrepresentation of facts, shall render such ruling to be void ab initio in accordance with Section 104 of the Act. 5. At the outside we would like to clear that the provisions of both the Central Goods and Service Tax Act and the Tamil Nadu Goods and Service Tax Act are the same except for certain provisions. Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the Central Goods and Service Tax Act would also mean a reference to the same provisions under the Tamil Nadu Goods and Service Tax Act. M/s Mannarai Common Effluent Treatment Plant Private Limited, No. 209/2A, S. Periyapalayam Post, Uthukuli Road, Tiruppur - 641 605 (hereinafter called as the 'Applicant') is registered under the GST Acts with GSTIN: 33AACCM4445J1ZJ. 2.0 In their application for Advance Ruling, the Applicant has stated, inter-alia, the following as their nature of activity proposed: (i) the Applicant is an effluent treatment plant promoted by dyeing units; (ii) the Applicant is planning to buy the effluents from dyeing units and that the effluents will be delivered from the dyeing units to the Applicant th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is further subjected to thermal evaporation through Multiple effect evaporator to separate mixed salt and mother liquor. Phase IV Brine treatment: To overcome the difficulties in concentrating and crystallizing Sodium Sulphate and Sodium Chloride in the Evaporator system and to reduce fresh salt purchase by member units, the brine reuse technology has been implemented. 3.0 The Applicants were offered personal hearing and it was held in digital platform on 18,11.2022, wherein Shri. S. Harishankar, Auditor (Authorised Representative -AR) appeared for the Applicant and reiterated the submissions made in the application. The Applicant has also submitted the details of effluent treatment process carried out by them which were received on 24.11.2022. 3.1 Another Personal Hearing was held on 18.11.2022, as there was a change in constitution of Members. In this Personal Hearing which was conducted virtually, the AR reiterated the submissions already made and explained the process briefly. 3.2. Subsequently, the Applicant has requested another personal hearing to make additional submissions and they were provided with an opportunity of being heard in person on 16.03.2023 and their Authoris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isposal in respect of the applicant. 3.7. The State jurisdiction Authority, Assistant Commissioner (ST), Tiruppur (Rural)-1 Assessment Circle has submitted the following remarks vide letter dated 07.09.2022; The principal Supply done by the applicant is supply of services by way of treatment of effluents in a Common Effluent treatment plant (SAC-999432). The applicant has stated in their letter dated 15.11.2021 that their company has correctly adopted the tariff classification under entry 999432 with description 'services by way of treatment of effluents by Common Effluent Treatment Plant'. Hence, the classification of the supply of output as sale of goods is not correct. Rate of GST on Services by way of treatment of effluent is 12% (CGST 6%) but Salt (HSN 2501) and water. (HSN 2201) are NIL rated. More so, the applicant have raised tax invoices by mentioning their service description as Textile Manufacturing services (9988). Hence, the classification as supply of service is correct and the classification as sale of goods may affect the revenue to the Government Exchequer. 4.0 With the above background of facts, the Applicant is before us seeking ruling on the following qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... From the various submissions of the Applicant both during the personal hearing and written submissions, it is clear that the applicant seeks to purchase the raw effluent and proposes to treat the same. The applicant proposes to sell the resultant products at market rates. 4.7 In terms of section 4 of The Sale of Goods Act, 1930, 4. Sale and agreement to sell. - (1) A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price There may be a contract of sale between one part-owner and another. (2) A contract of sale may be absolute or conditional. (3) Where under a contract of sale the property in the goods is transferred from [he seller to the buyer, the contract is called a sale, but where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. (4) An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the properly in the goods is to be transferred. (emphasis applied) 4.8 The Hon'ble Supreme Court in the case of State of Madras ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the following cases. 1. M/s. Hojiwala Infrastructure Limited (AAR Gujarat - GUJ/GAAR/R/2002/48) 2. M/s. Palsano Enviro Protection Limited (AAR Gujarat - GUJ/GAAR/R/2002/47) 3. M/s. Kasipalayam Common Effluent Treatment Plant Private Limited (AAR Tamilnadu 23/AAR/2021) 4.12. In all the above referred advance rulings, it was pronounced that, Water recovered out of effluent treatment process, which is de-mineralized water for Industrial use is classifiable under Heading No. 2201 as Waters described under Sl. No. 24 of Annexure-III of Notification No. 01/2017 Central Tax (Rate), dated 28-6-2017 taxable at the rate of 18 per cent GST. 4.13. To decide upon the taxability of effluent treated water, it is required to analyze the aforesaid classification. Water recovered has been categorized as de-mlneralised water in aforesaid rulings, classifiable under Heading No. 2201 under the following entry in Notification No. 01/2017-Central Tax (Rate) dated 28.06.2017; Sl. No. Heading Description of Service Rate 24 2201 Waters including natural or artificial mineral waters and aerated waters; not containing added sugar or other sweetening matter nor flavoured (other than Drinking water packed in 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cteristics or their salts, e.g.: (1) Alkaline waters (2) Sulphated waters (3) Halide waters (4) Sulphuretted waters (5) Ferruginous waters Such natural mineral waters may also contain natural or added carbon dioxide. Artificial mineral waters are prepared from ordinary potable water by adding the active principles (mineral salts or gases) present in the corresponding natural waters so as to produce waters of the same properties. (C) Aerated Waters (carbonated waters), i.e. ordinary potable waters charged with carbon dioxide gas under pressure. They are often called soda waters or Seltzer waters although true Seltzer water is a natural mineral water. The heading excludes sweetened or flavoured aerated waters ( heading 22.02 ) (D) Ice and snow , i.e. natural snow and ice, and artificially frozen water. 4.19. Thus, water grouped under the heading 22.01 is ordinary water whether or not clarified or purified. And this heading specifically excludes distilled or conductivity water and water of similar purity which are classified in heading 28.53. Therefore, it is amply clear that, water recovered out of the effluent treatment process nothing but an ordinary water which is suitable for reu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , phosphorus, etc. is not pure due to presence of the said impurities and foreign elements and therefore will be eligible for exemption in terms of entry at Sl. No. 99 of Notification No. 02/2017, CT (Rate), dt. 28.06.2017. 4.24. In this regard, it is observed that the process carried out by the Applicant Involves conversion of effluent water into treated water to make it suitable for reuse by the member units. At the same time, the treated water cannot be put into any other usage, as the same is not completely free of impurities, bacteria and other harmful micro-organisms and chemicals. 4.25. The above facts reiterate that the ultimate intention behind the effluent treatment process is to treat the effluent water discharged by textile units to recover water, salt and other chemicals consumed during the course of dyeing and bleaching to the maximum extent possible so as to reuse the same without getting it discharged to pollute water bodies. Moreover, ZLD has been mandated by the TNPCB for all the highly polluting industries including Textile Dyeing and Bleaching industries in order to prevent pollution of River water and ground water. Therefore, it is evident that the common efflu ..... 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