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2025 (5) TMI 1103 - AAR - GSTClassification of goods - GST rates applicable to all items under HSN 9401 distinguishing between car seats (HSN 94012000) and other subcategories - resolving of discrepancies during BOE filing for imported car seats to reflect the correct GST rate - other parts can fall under CH 87089900 attracting GST @ 28% or not - HELD THAT - On going through the application it is constrained to state that it is completely vague without even the basic details as to the business activity of the applicant their inputs the manufacturing process they are involved in etc. We find that the questions posed are also related to Customs which is beyond the scope of section 97 (2) of the CGST Act 2017. As already mentioned above in addition to the application being vague and incomplete even the questions are not as per section 97 (2). The aforementioned application filed by M/s. Yanfeng Seating (India) Pvt Ltd is rejected in terms of section 98 (2) of the CGST Act 2017 read with sections 95(a) (c) and 97 of the CGST Act 2017.
1. ISSUES PRESENTED and CONSIDERED
The core legal questions considered by the Authority for Advance Ruling (AAR) were:
However, the AAR also considered whether these questions fell within the scope of Section 97(2) of the CGST Act, 2017, which governs the jurisdiction of the advance ruling authority. 2. ISSUE-WISE DETAILED ANALYSIS Issue 1: Appropriate GST Classification and Rates for Goods under HSN 9401 Relevant legal framework and precedents: The classification of goods under GST is governed by the Harmonized System of Nomenclature (HSN) codes, as well as notifications issued under the CGST Act, such as Notification No. 05/2024-Central Tax (Rate) dated 8.10.2024. Circulars issued by the GST Council, including Circular No. 235/29/2024-GST, provide clarifications on classification and rates. Section 97(2)(a) of the CGST Act allows advance rulings on classification of goods. Court's interpretation and reasoning: The AAR noted that the applicant sought clarity on the classification of car seats and other items under HSN 9401, especially in light of recent changes moving certain goods from an 18% GST slab to 28%. However, the AAR found the application vague and lacking essential details about the applicant's business activities, manufacturing processes, and inputs, which are critical to determine the correct classification. Key evidence and findings: The applicant did not provide sufficient information on the nature of goods, their use, or detailed descriptions necessary for classification. The questions raised were broad and did not focus on a specific classification issue within the applicant's business context. Application of law to facts: Without adequate factual details, the AAR was unable to apply the classification rules or relevant notifications to the applicant's goods. The absence of clarity on the goods' nature and use prevented the AAR from determining the correct GST rate. Treatment of competing arguments: The applicant's authorized representatives reiterated their queries but did not address the AAR's concerns regarding the vagueness and incompleteness of the application. Conclusions: The AAR concluded that the question on classification was not properly framed and lacked the necessary factual matrix to enable a ruling under Section 97(2)(a). Issue 2: Resolution of Discrepancies during BOE Filing for Imported Car Seats Relevant legal framework and precedents: The BOE filing process and customs classification affect GST applicability on imported goods. However, Section 97(2) of the CGST Act does not explicitly provide jurisdiction to the AAR over customs-related issues. The applicant's questions on customs procedures and BOE discrepancies fall outside the scope of advance ruling under GST law. Court's interpretation and reasoning: The AAR emphasized that the queries relating to customs procedures and BOE filings are beyond the ambit of Section 97(2) and therefore not maintainable before the GST advance ruling authority. Key evidence and findings: The application raised customs-related questions without linking them to GST classification or tax liability issues specifically covered under the CGST Act. Application of law to facts: Since customs matters fall under the Customs Act and not the CGST Act, the AAR held that it lacked jurisdiction to rule on these aspects. Treatment of competing arguments: The applicant's representatives acknowledged the jurisdictional limitations when pointed out by the AAR. Conclusions: The AAR declined to entertain questions related to customs and BOE discrepancies as they are outside the scope of advance ruling under GST law. Issue 3: Applicability of GST @ 28% on Other Parts under CH 87089900 Relevant legal framework and precedents: Classification under Chapter Heading 87089900 pertains to parts and accessories of motor vehicles. The GST rate applicable depends on the classification and notifications issued under the CGST Act. Court's interpretation and reasoning: The AAR observed that the question about parts falling under CH 87089900 and attracting GST at 28% was not supported by sufficient factual detail or clarity about the nature of these parts. Key evidence and findings: The application did not specify the parts in question or provide details on their use or characteristics. Application of law to facts: Without detailed information, the AAR could not determine whether the parts qualified under CH 87089900 or the applicable GST rate. Treatment of competing arguments: The applicant did not provide further clarifications during the hearing. Conclusions: The AAR found the question vague and outside the scope of Section 97(2) due to lack of relevant details. Jurisdictional Issue: Scope of Section 97(2) of the CGST Act Relevant legal framework and precedents: Section 97(2) enumerates the specific questions on which an advance ruling may be sought, including classification, applicability of notifications, determination of time and value of supply, admissibility of input tax credit, liability to pay tax, registration requirements, and whether a particular transaction amounts to a supply. Court's interpretation and reasoning: The AAR carefully examined whether the applicant's questions fell within the ambit of Section 97(2). It found that many questions, especially those relating to customs and BOE filing, were beyond the scope of this provision. Key evidence and findings: The application was vague, incomplete, and raised issues not covered under Section 97(2), such as customs-related concerns.
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