RECENT ADVANCE RULINGS IN GST (PART-2)

[Dr. Sanjiv Agarwal]

Advance rulings are important in any tax law as it provides a forum for clarification and possible interpretation of statutory provisions. Moreover, it conveys the legislative intention from the revenue’s view point. Provisions of advance ruling are contained in section 95 to 106 of CGST Act, 2017 and State / UT GST enactment. Rules 103 to 107 of also provide for forms, manner, certification etc.

The Authority for Advance Rulings (AAR) have been set up in all the states and we have now over 50 advance rulings on different issues already pronounced by various State Authorities. However, appellate mechanism for filing appeals against AAR rulings is not yet in place and one is faced with this challenge. Another major issue presently being faced is about multiple authorities (equal to number of States), each pronouncing a ruling of its own even if the matter is covered by some other State AAR’s rulings. There would be situations where we may have different rulings on same question(s). GST Council ought to decide on having a Centralized Authority as was there in erstwhile tax regime.

The summary of few more recent advance rulings pronounced by State Advance Ruling Authorities are discussed hereunder but these needs to be read in the background of the question involved:

Advance Ruling on tyres of e-rickshaw

Where it was observed by the applicant that there is an anomaly in the Customs Tariff as well as in the GST Tariff Schedules in so far as ‘e-rickshaw tyres’ are concerned. The term “e-rickshaw tyres’ fails to find a mention in both, the Customs Tariff and the GST Rate Schedules. Furthermore, it is observed that Chapter Heading No. 4011 of the Customs Tariff is covered by two separate entries in two distinct Schedules i.e. SI. No. 190 of Schedule-I attracting CGST @2.5% and SI. No. 46 of Schedule-IV attracting CGST @14% as per Notification No.1/2017- Central Tax (Rate) dated 28.06.2017.

The Authority for Advance Ruling ruled that E-rickshaw tyres are covered by Tariff Heading 4011 and rate of tax shall be 14 per cent under MGST Act, 2017 and 14 per cent under CGST Act, 2017. [In Re: CEAT Ltd (2018) 5 TMI 699 (AAR-Maharashtra);]

Advance Ruling on taxability of scrap items

The Authority for Advance Ruling has ruled that disposal of scrap vehicles for consideration is a sale and section 7 explaining the expression ‘supply’ covers supply of such as sale or disposal made for a consideration. Section 7, further, says that the supply has to be in the course or furtherance of business. With regard to this, it is seen that the applicant is in the business of having a cash management network involving transportation of cash. The disposal of the cash carrying vans is a transaction in connection with or incidental or ancillary to the business of having a cash management network. As and when the vehicles become scrap, they have to be disposed of and the proceeds there from to be identified as income for the business which is reflected in the profit and loss account of the business. Buying new assets and discarding the old and unusable assets is an activity in the course of carrying on the business. Hence, supply of motor vehicles as scrap after its usage is an activity of ‘supply’ in course or furtherance of business and such transaction would attract GST. [In Re: CMS Info Systems Ltd (2018) 5 TMI 649 (AAR-Maharashtra); ].

Advance Ruling on Classification of Goods

The Authority for Advance Ruling has ruled that Caesarstone which is original engineered quartz surface is an article made from artificial stone. It is a product made using artificial or engineered stone. It cannot be covered under Chapter 25 and being an agglomerated stone Caesarstone imported by applicant, is to be classified under HSN code 6810 in chapter 68. [In Re: Hafele India (P.) Ltd (2018) 5 TMI 646 (AAR-Maharashtra); ]

Advance Ruling on Rate of Tax and Classification of Goods

In the instant case, applicant was a subsidiary of a leading US multinational Cargill Inc. Cargill provides food, agriculture, financial and industrial products and services to the world together with fanners, customers, governments and communities and helps people thrive by applying its market leading insights and 150 years of experience Cargill globally, has more than 155,000 employees in 70 countries who are committed to feeding the world in a responsible way, reducing environmental impact and improving the communities.

In India, the applicant is broadly engaged in the following businesses -

• Processing, refining and marketing Imported and Indigenous vegetable oils serving food industry customers with vegetable oils, fats, blends and bakery shortenings and serving household consumers with a portfolio of fortified and healthy branded edible oils
• Offering high quality food ingredients to serve food manufacturers and food service industry
• Origination, processing, storing, trading and marketing a wide range of agricultural commodities such as grains, oilseeds, sugar and cotton
• Offering premix, compound feed and therapeutic care products to nourish and treat animals
• One of the products manufactured by the Applicant is Natural Ester Dielectric Fluid, commonly known as Envirotemp FR3. The said product is manufactured by the Applicant in its Kurkumbh plant in Maharashtra and thereafter sold from there.

The Authority for Advance Ruling ruled that Envirotemp FR3 Fluid falls under Part 2 of Heading 1518 and taxable at rate of 6 per cent (State and Central tax) Part 2 of Heading 1518 covers inedible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of Chapter 15. Product i.e. 'Envirotemp FR3 Fluid', is a preparation from vegetable oil. It is derived from soyabean oil. In addition, it is inedible. Therefore, it could very well be covered by description 'inedible preparations of vegetable oils'. Thus, Envirotemp FR3 falls under serial number 27 of Schedule II of Notification No. 1/2017 State Tax (Rate) dated 29-6-2017 issued under MGST Act, 2017 and Notification No. 1/2017 Central Tax (Rate) dated 28-6-2017 issued under CGST Act, 2017, and the same is taxable at rate of 6 per cent (State tax and Central tax).

Entry 90 of Schedule I of Notification No. 1/2017 - Central/State Tax (Rate) would not cover product 'Envirotemp FR3 Fluid'. It is felt that description 'inedible preparations of vegetable oils' perfectly fits the product, Envirotemp FR3 and hence, entry 27 of Schedule II of Notification No. 1/2017 - Central/State Tax (Rate) which covers aforesaid description would be applicable. Thus, natural Easter Dielectric Fluid 'Envirotemp FR3' does not fall under Serial No. 90 of Schedule 1 of Notification No. 1/2017 - State Tax (Rate) dated 29-6-2017 issued under MGST Act, 2017 and Notification No. 1/2017 - Central Tax (Rate) dated 28-6-2017 issued under CGST Act, 2017 and the same is taxable at rate of 2.5 per cent (State tax and Central tax). [In Re: Cargill India (P.) Ltd (2018) 5 TMI 810 (AAR-Maharashtra); ].