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TMI Blog2022 (5) TMI 1183X X X X Extracts X X X X X X X X Extracts X X X X ..... ffron Art Private Limited the applicant, seeking an advance ruling in respect of the following questions.- 1. Classification of second hand or used 'Paintings' [Section 97(2) (a)] 2. Whether for determination of the liability to pay tax on the sale of second hand or used 'Paintings', the applicant can apply Rule 32(5) of CGST & MGST Rules, 2017 ? At the outset, we would like to make it clear that the provisions of both the CGST Act and the MGST Act are the same except for certain provisions. Therefore, unless a mention is specifically made to any dissimilar provisions, a reference to the CGST Act would also mean a reference to the same provision under the MGST Act. Further to the earlier, henceforth for the purposes of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purchase price and where the value of such supply is negative, it shall be ignored. 2.5 According to applicant, Schedule II Entry No. 236 Chapter heading 9701 covers "Paintings' drawings and pastels, executed entirely by hand, other than drawings of heading 4906 and other than hand-painted or hand-decorated manufactured articles, collages and similar decorative plaques". Therefore, the second hand or used 'Paintings' sold by the applicant will attract tax at the rate specified by Schedule Il-Entry No. 236 Chapter Heading 9701. 03. CONTENTION - AS PER THE CONCERNED OFFICER: The jurisdictional officer has submitted reply dated 27.04.2022 which is taken on record and considered. 04. HEARING 4.1 Preliminary e-hearing in the mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se private limited, this office vide Order No. GST-ARA-40/2020-21/B-27 dated 08.03.2022 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. 5.4 We have no reason to deviate from the said ruling 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 pur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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