Lakhpat Trading And Industry's Private Ltd ., In re

Note: Under Section 100 of the CGST/ RGST Act, 2017, an appeal against this ruling lies before the Appellate Authority for Advance Ruling constituted under section 99 of CGST/ RGST Act, 2017, within a period of 30 days from the date of service of this order.

• At the outset, we would like to make it clear that the provisions of both the CGST Act and the RGST Act are the same except for certain Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the CGST Act would also mean a reference to the same provision under the RGST Act. Further to the earlier, henceforth for the purposes of this Advance Ruling, a reference to such a similar provision under the CGST Act / RGST Act would be mentioned as being under the “GST Act”.
• The issue raised by M/s Lakhpat Trading & Industrys Ltd., G­72/73, 79/80, Phase-1, Boranada, Jodhpur, Rajasthan 342012 (hereinafter the applicant) is fit to pronounce advance ruling as it falls under the ambit of the Section 97(2) (a) given as under: ­(a) Classification of Services;
• Further, the applicant being a registered person (GSTIN is 08AACCL5668C1ZH as per the declaration given by him in Form ARA-01) the issue raised by the applicant is neither pending for proceedings nor proceedings were passed by any authority. Based on the above observations, the applicant is admitted to pronounce advance ruling.

1 SUBMISSION AND INTERPRETATION OF THE APPLICANT:

Every dried coconut is first fit for human consumption and with the passage of time it is unfit for human consumption, seller don’t know whether the buyer has taken dried coconuts for human consumption or for milling purpose. Further a dried coconut for human consumption can also be used for milling purpose therefore the basis of determination of GST Rate on the basis of human consumption vs milling purpose is not appropriate in terms of classification of GST Rate.

2. QUESTIONS ON WHICH THE ADVANCE RULING IS SOUGHT

Classification of Goods to identify the HSN: –

b. GST Rate on Copra i.e. inedible dried coconut for expression of coconut oil.

c. GST Rate on Dried Coconut not used in expression of coconut

d. GST Rate on Dried Coconut used in expression of coconut

e. GST on Desiccated Coconut that is dried and shredded flesh of coconut used for culinary purpose.

3. PERSONAL HEARING

In the matter personal hearing was granted to the applicant on 09.01.2020 at Room no. 2.29 NCRB, Statue Circle, Jaipur. Shri Ameet Bhandari Director of M/ s Lakhpat Trading 86 Industrys Pvt. Ltd. appeared for PH. During the PH, he reiterated the submissions already made in the application. He requested for early disposal of the application.

4. COMMENTS OF THE JURISDICTIONAL OFFICER

The jurisdictional officer (Deputy Commissioner, State Tax, Circle-F, Zone-Jodhpur, Collectorate Office, Paota, District-Jodhpur, Rajasthan) has submitted his detailed comments vide letter dated 05.12.2019 which can be summarized as under:

5. FINDINGS, ANALYSIS & CONCLUSION:

• While going through the brief submissions made by the applicant we observe that the applicant is a supplier and has sought advance ruling on the GST rate on coconuts/copra / desiccated coconut etc.
• We observe that vide Notification No. 2/2017- Central Tax (Rate) 28th June, 2017 at S.No. 47, the supply of goods “Coconuts, fresh or dried, whether or not shelled or peeled” are exempt from GST. The relevant portion of the of the above said notification is as under-:

Notification No. 2/2017- Central Tax (Rate) 28th June, 2017

• We observe that supply of Copra other than of seed quality attracts GST @ 5% (CGST 2.5% + SGST 2.5%) under the Notification No. 1/2017- Central Tax (Rate) 28th June, 2017 at S.No. 66. The relevant portion of the of the above said notification is as under-:
• Notification No. 1/2017- Central Tax (Rate) 28th June, 2017

• We observe that desiccated coconuts attracts GST @ 5 % (CGST 2.5% + SGST 2.5%) under Notification No. 1/2017- Central Tax (Rate) 28th June, 2017 (as amended). The relevant portion of the said Notification is as under-:

Notification No. 1/2017- Central Tax (Rate) 28th June, 2017

• Clarifications were issued vide F. No. 332/2/2017 -TRU Government of India Ministry of Finance Department of Revenue Tax Research Unit North Block, New Delhi Dated the -December, 2017 the relevant portion of clarification is as under -:

TABLE

6.In view of the foregoing, we rule as follows: –

RULING

(i) – Copra other than of seed quality attracts GST @ 5% (CGST 2.5% + SGST 2.5%)

(ii) – Coconuts, fresh or dried, whether or not shelled or peeled attracts NIL rate of GST.

(ii) – Desiccated coconuts attracts GST @ 5% (CGST 2.5% + SGST 2.5%).