Home Case Index All Cases GST GST + AAR GST - 2022 (5) TMI AAR This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (5) TMI 1183 - AAR - GSTClassification of goods - second hand or used 'Paintings' - determination of the liability to pay tax - applicability of Rule 32(5) of CGST & MGST Rules, 2017 - HELD THAT:- The provisions of Rule 32(5) of CGST & MSGST Rule, 2017 are applicable to sale of such 'Paintings' and tax shall be paid on the difference between the selling price and the purchase price and where the value of such supply is negative, it shall be ignored. On an application filed by IN RE: M/S. ASTAGURU AUCTION HOUSE PRIVATE LIMITED [2022 (3) TMI 572 - AUTHORITY FOR ADVANCE RULING, MAHARASHTRA] has held that Paintings classifiable under Heading 9701 and the applicant was liable to pay GST of 12%. In the said case also, as in the present case, the applicant was dealing amongst other goods, in second hand paintings and it was also held that the provisions of Rule 32 (5) of the CGST Rules were applicable to the applicant in respect of second hand goods. Since in the instant case also the applicant is dealing only in second hand paintings i.e. applicant is buying second hand paintings and selling the same on their website to the highest bidder and no input tax credit is being availed on the purchases of such 'Paintings', therefore the Provisions of Rule 32(5) of CGST Rules will be applicable in the instant case also.
|