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2019 (2) TMI 1903

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..... and Sh. Vimlesh Kumar, Account Assistant HSWC Facts in Brief: 1. The applicant is incorporated under Warehousing Corporation Act, 1962 which is an Act of Parliament. It provides services of storage and warehousing of both agricultural and non-agricultural produce. Goods which are stored in warehouses of the Applicant are kept as security by the owner of the goods. The stock warehoused can be use .....

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..... ce Tax Act, 2017 or exempt under section 11 of Central Goods and Service Tax Act, 2017 with respect to both agricultural and non-agricultural produce stored and warehoused in the warehouses of the applicant. Discussion: 3.1 The contention of the applicant is that as per Serial No. 54 of the Notification No. 12/2017- Central Tax (Rate) dated 28.06.2017 Services relating to cultivation of plants a .....

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..... e attracts Nil rate of tax. The applicant has relied upon the CBEC Circular No. B/II/1/2002-TRU dated 01.08.2002 for the purpose of defining the scope of storage and warehousing service. As per the notification, the storage and warehousing service provider normally makes arrangements for space to keep the goods, loading, unloading and the stocking of goods in the storage area, keeps inventory of g .....

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..... ortgage/lien fee and stock transfer fee charged by the applicant from the service recipient in case of agricultural goods from the Goods and Services Tax. 4.2 The scope of storage and warehousing services as defined in CBEC Circular No. B/II/1/2002-TRU dated 01.08.2002 does not encompass the mortgaging and stock transfer service. 4.3 The charge/mortgage/lien fee and stock transfer fee with respe .....

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