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- 0 - Views
GST CLASSIFICATION OF WATER
Date 11 Aug 2021
Replies3 Replies
Written By
GST Rulings Clarify Tax on Water: Potable Exempt, Purified Taxable at 18% Under Entry 99 of Notification 2/2017-CT (R)
Three advance rulings in Maharashtra and Tamil Nadu address the GST classification of water. The rulings differentiate between potable and purified water, affecting GST applicability. In Tamil Nadu, it was determined that potable water, treated but not purified, qualifies for GST exemption under entry 99 of Notification No. 2/2017-CT (R). In contrast, reusable water from reverse osmosis used industrially, and tertiary treated water, not fit for drinking, are subject to GST. An Andhra Pradesh ruling confirmed that purified water distributed by a charitable trust is taxable at 18% GST, highlighting the distinction between purified and potable water.

We have seen three different advance ruling in Maharashtra and Tamilnadu regarding water clarification under GST. all three advance ruling are on different fact and nature . 

1) Maharashtra advance ruling in case of IN RE: M/S. NAGPUR WASTE WATER MANAGEMENT PVT. LTD. [2021 (7) TMI 1211 - AUTHORITY FOR ADVANCE RULING, MAHARASHTRA]

2) Tamilnadu advance ruling in case of  IN RE: M/S. KASIPALAYAM COMMON EFFLUENT TREATMENT PLANT PRIVATE LIMITED [2021 (8) TMI 188 - AUTHORITY FOR ADVANCE RULING, TAMILNADU]

3) Tamil Nadu Appellate Authority of Advance Ruling (AAAR ) in case of IN RE: M/S. NEW TIRUPUR AREA DEVELOPMENT CORPORATION LIMITED [2021 (8) TMI 194 - APPELLATE AUTHORITY ADVANCE RULING, TAMILNADU] 

basis point was classification of treated water under goods schedule for levy of GST. there  are three entries for water in question:

schedule entry HSN description rate
Sch-III 24 2201 water including natural or artificial mineral waters and aerated water ,  {other than drinking water packed in 20ltr bottle } 9%
Sch-II 46B 2201 drinking water packed in 20 ltr bottles 6%
exemption notification 99 2201 water other than ( aerated , mineral, purified , distilled , medical , ionic , demineralize and water sold in sealed container NIL

advance ruling in case of IN RE: M/S. NEW TIRUPUR AREA DEVELOPMENT CORPORATION LIMITED [2021 (8) TMI 194 - APPELLATE AUTHORITY ADVANCE RULING, TAMILNADU] has held that the meaning of ‘purified water’ depends on what use of it people have in mind, like whether it is for washing, pharma use, industrial use or even to swim. In chemical terms, purified water is pure H2O and only contains Hydrogen and Oxygen and no minerals. Distilled water is the most common form of pure water.However, potable water has only one meaning, water fit for human and animal consumption and has dissolved minerals.

the quality of potable water would itself indicate that it does not attain the nature and quality of ‘purified water’ on any count. Therefore, it can be safely concluded that the supply of the appellant is of raw water, treated to become ‘potable water’ and nothing more. Once it is distinctly clear that the supply is of ‘water’ only, and not purified water, the same falling under entry 99 of Notification No. 2/2017-CT (R) is qualified for the exemption

further in case of IN RE: M/S. KASIPALAYAM COMMON EFFLUENT TREATMENT PLANT PRIVATE LIMITED [2021 (8) TMI 188 - AUTHORITY FOR ADVANCE RULING, TAMILNADU] it held that reusable water obtained by the process of Reverse Osmosis is sold for Industrial process utilization. The water is partly de-mineralized in nature. Therefore while the CTH applicable is 2201.

further in case of IN RE: M/S. NAGPUR WASTE WATER MANAGEMENT PVT. LTD. [2021 (7) TMI 1211 - AUTHORITY FOR ADVANCE RULING, MAHARASHTRA] it is held that tertiary treated water is not potable ( safe to drink) but it is for used fro industrial purpose. therefore is chargeable to 18%.

 

CA navnath padwal

Navi mumbai 

Goods and Services Tax - GST
3 answers
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- 0
Replied on Aug 12, 2021

sh. navnath padwal ji,

you have not given conclusion.
- 0
Replied on Aug 14, 2021

we have another advance ruling . 2021 (8) tmi 534 - authority for advance ruling, andhra pradesh in re: m/s. vijayavahini charitable foundation, where it held that water distributed to village people by charitable trust after purifying ground water is chargble to gst @18. the applicant failed to show different between purified and potable water.

please note that only potable water is exempt if not in sealed container.

- 0
Replied on Sep 23, 2021

further in 2021 (9) tmi 950 - authority for advance ruling, maharashtra has in case of m/s. rashtriya chemicals and fertilizers limited also given ruling on the same subject

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