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2019 (3) TMI 1014 - AAAR - GSTClassification of goods - rate of GST - articles, consisting of gold, diamond, precious stones like ruby, emerald, sapphire, pearls etc., wherein a watch movement is fitted - whether the above articles fall under entry 13 of Schedule V to Notification No. 1/2017– Central Tax (Rate) dated 28/6/17 prescribing rate of 1.5% CGST and 1.5% SGST? - challenge to AAR decision - Held that:- The Chapter Notes of Chapter 91 of the Customs Tariff Act, 1975 as well as Explanatory Notes of Harmonised System of Nomenclature of Heading 9101 and 9102 covers watches with case wholly of precious metal or of metal clad with precious metal, or of the same materials combined with natural or cultured pearls, or precious or semi-precious stones (natural, synthetic or reconstructed). Wrist-watches, pocket-watches, fob-watches, watches for carrying in handbags, watches mounted in brooches, rings etc. are covered under Chapter 91 of the Customs Tariff Act, 1975 - on the basis of relevant Chapter Notes of Customs Tariff Act, 1975 and Explanatory Notes of Harmonised System of Nomenclature, it is found that products supplied by the appellant are appropriately classifiable under Chapter Heading 9101 of the Customs Tariff Act, 1975. Various arguments put forth by the appellant in their appeal are devoid of any merit and the advance ruling given by the GAAR does not suffer from any infirmity. The decision of AAR upheld.
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