Tag Archives: In re

Warehousing Raw Agricultural Produce Is Exempt under GST, But Godown Renting Attracts 18% Tax

By | November 4, 2026

Warehousing Raw Agricultural Produce Is Exempt under GST, But Godown Renting Attracts 18% Tax Issue Warehousing Exemption: Whether storage and warehousing services provided for raw agricultural produce (groundnut, gram, toor, moong) on behalf of NAFED and NCCF in owned or hired godowns qualify for GST exemption under Entry 54(e) of Notification No. 12/2017-Central Tax (Rate).… Read More »

No GST Payable on Canteen Recovery From Employees and ITC Available to Extent Cost Borne

By | November 4, 2026

No GST Payable on Canteen Recovery From Employees and ITC Available to Extent Cost Borne Issue Output GST Liability: Whether GST is payable under Section 7 on nominal amounts recovered via payroll deductions from employees for providing canteen facilities. Input Tax Credit (ITC) Eligibility: Whether the employer is eligible to claim ITC on GST charged… Read More »

Grant of Mineral Extraction Rights Against Royalty Amounts to Service Taxable at 18% Under RCM

By | November 4, 2026

Grant of Mineral Extraction Rights Against Royalty Amounts to Service Taxable at 18% Under RCM Issue Whether the grant of Short-Term Permits (STP) under Rule 51 of the Rajasthan Minor Mineral Concession Rules, 2017 to extract minor minerals against royalty constitutes a supply of service under SAC 997337 (Heading 9973), and whether the recipient is… Read More »

Outdoor playground equipment attracts 5% GST, gym equipment 18%, while bearings are classified separately under Heading 8482

By | November 3, 2026

Outdoor playground equipment attracts 5% GST, gym equipment 18%, while bearings are classified separately under Heading 8482 Issue Whether outdoor playground equipment, outdoor gym equipment, and their spare parts (including general-purpose bearings) fall under Heading 9506, and what are their respective HSN classifications and applicable GST rates under Notification No. 09/2025-Central Tax (Rate). Facts Applicant… Read More »

HDPE laminated woven Geomembrane pond liners are classifiable under Heading 5911 for technical textile uses, attracting 12% GST up to 21.09.2025 and 5% GST from 22.09.2025. **Issue** Whether HDPE laminated woven Geomembrane pond liners used for technical applications in agriculture and aquaculture are classifiable under Tariff Heading 5911 as textile products for technical uses, and what are the applicable GST rates for the periods up to 21.09.2025 and from 22.09.2025. **Facts** * **Product & Use:** The applicant manufactured HDPE laminated woven Geomembrane pond liners used for waterproof lining in agriculture and biofloc aquaculture ponds. * **Certifications:** The applicant held a Bureau of Indian Standards (BIS) licence under IS 15351:2015 specifically for agro-textile Geomembranes. * **Manufacturing Process:** * Extrusion of High-Density Polyethylene (HDPE) with carbon black into tapes/strips measuring under $5\text{ mm}$ in width. * Weaving of the HDPE strips into fabric. * Double-side lamination of the woven fabric using Low-Density Polyethylene (LDPE) or Linear Low-Density Polyethylene (LLDPE). * Cutting and sizing of the laminated fabric for specialized technical applications. * **Relief Sought:** The applicant sought an advance ruling on the correct tariff classification under Heading 5911 and the applicable GST rates for the period up to 21.09.2025 and with effect from 22.09.2025. **Decision** * **Classification Criteria:** * HDPE tapes/strips under $5\text{ mm}$ fall within Section XI as per Note 1(g) and are classified under Tariff Heading 5404 (sub-heading 5404 90 20) according to HSN Explanatory Notes. * Woven fabrics made from these strips fall under Tariff Heading 5407 20. * Coated, covered, or laminated fabrics used for technical purposes are covered by Chapter 59 Note 8(a)(1) [formerly Note 7], which includes plastics. * As the Geomembrane satisfies the criteria for textile products for technical uses, it is properly classifiable under Tariff Sub-heading 5911 10 00. * **Applicable Rate of Tax:** * **Up to 21.09.2025:** Covered under Entry 168 of Schedule II to Notification No. 01/2017-Central Tax (Rate), attracting 12% GST (6% CGST + 6% SGST). * **From 22.09.2025 onwards:** Covered under Entry 386 of Schedule I to Notification No. 09/2025-Central Tax (Rate), attracting 5% GST (2.5% CGST + 2.5% SGST). * The advance ruling was answered in favour of the assessee. **Key Takeaways** * **Strip Width Threshold for Section XI:** Synthetic strip materials measuring under $5\text{ mm}$ in width qualify as textile materials under Section XI (Heading 5404), governing downstream fabric classification. * **Evidentiary Weight of Technical Standards:** Possession of a BIS licence (such as IS 15351:2015 for agro-textiles) serves as strong corroborative evidence establishing technical application and commercial identity. * **Note 8 Chapter 59 Application:** Coated or laminated fabrics engineered for specialized industrial, agricultural, or aquacultural technical uses are rightly categorized under Heading 5911 rather than general plastic sheeting entries. * **Notification Transition Alignment:** Taxability for technical textiles under Heading 5911 transitions from the 12% rate slab to the 5% rate slab effective 22.09.2025 pursuant to rate notification amendments.

By | November 3, 2026

HDPE laminated woven Geomembrane pond liners are classifiable under Heading 5911 for technical textile uses, attracting 12% GST up to 21.09.2025 and 5% GST from 22.09.2025. Issue Whether HDPE laminated woven Geomembrane pond liners used for technical applications in agriculture and aquaculture are classifiable under Tariff Heading 5911 as textile products for technical uses, and… Read More »

Pipeline Construction and Repair for IIT Kharagpur Classifies Under SAC 99542 and Ineligible for GST Exemption

By | October 14, 2026

Pipeline Construction and Repair for IIT Kharagpur Classifies Under SAC 99542 and Ineligible for GST Exemption Issue Classification of Works Contract: Whether construction of a new main water pipeline and revamping of a water distribution network for IIT Kharagpur classify under Building Completion Services (SAC 995479) or General Construction Services of Civil Engineering Works (SAC… Read More »

Bakery Food Supplies Qualify as Restaurant Service at 5% GST While Bought-Out Items Attract Goods Tax with ITC

By | October 10, 2026

Bakery Food Supplies Qualify as Restaurant Service at 5% GST While Bought-Out Items Attract Goods Tax with ITC Issue Whether bakery items prepared and supplied at outlets (for dine-in or takeaway) qualify as “restaurant service” taxable at 5% GST without Input Tax Credit (ITC). Whether sold bought-out celebration items (e.g., candles, balloons, knives) constitute supply… Read More »

Gratuitous Permanent Transfer of Running Business Between Distinct Persons Constitutes Supply Under GST

By | October 10, 2026

Gratuitous Permanent Transfer of Running Business Between Distinct Persons Constitutes Supply Under GST Issue Whether the proposed permanent transfer of an entire running business from a sole proprietorship to a Limited Liability Partnership (LLP) without consideration constitutes a “supply” under Section 7 of the Central Goods and Services Tax Act, 2017 / West Bengal Goods… Read More »

Agro-Residue Boards Without Synthetic Binders Are Classifiable as Fibreboard Under Heading 4411 Qualifying for Concessional GST

By | October 10, 2026

Agro-Residue Boards Without Synthetic Binders Are Classifiable as Fibreboard Under Heading 4411 Qualifying for Concessional GST Issue Whether boards manufactured from agricultural crop residues without synthetic binders qualify as “fibreboard” under Heading 4411 rather than “particle board” under Heading 4410 of the Customs Tariff Act. Whether such agro-residue fibreboards qualify for the concessional tax rate… Read More »

Canteen Facility Provided Free is Exempt Perquisite under Schedule III, but Employee Recoveries Attract GST

By | October 7, 2026

Canteen Facility Provided Free is Exempt Perquisite under Schedule III, but Employee Recoveries Attract GST Issue Whether canteen facility provided by an employer to employees under a statutory obligation constitutes a “supply” under GST when no amount is recovered from employees. Whether GST is applicable on the partial or full amount recovered by the employer… Read More »