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Goods and Services Tax

GST on Bio Fertilizer or Organic Manure

Case Law Details

TaxGuru Citation
2018 taxguru.in 1172
Case Name
In re Rhizo Organic ( GST AAR Rajasthan)
Date of Judgement/Order
Only available for paid members
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In re Rhizo Organic (GST AAR Rajasthan)

The goods (Bio Fertilizer or Organic Manure); other than those put up in Unit Container and bearing a brand name; will be covered under Schedule I of rate of GST on Goods and attracts NIL rate of duty & The goods (Bio Fertilizer or Organic Manure); put up in Unit Container and bearing a brand name, will be taxable under GST @ 5%.

FULL TEXT OF ADVANCE RULING

SUBMISSION OF THE APPLICANT

1. M/s RHIZO Organic, E-11, Phase-IInd, RIICO, Hanumangarh Jn. (hereinafter referred to as ‘Applicant’) engaged in the manufacturing of Bio-Fertilizers, submitted an application, seeking an Advance Ruling that Whether the Bio Fertilizer covered under the definition of Organic Manure (HSN code 3101) and What is the rate of GST applicable on Bio Fertilizer if it is not covered under Organic Manure (HSN Code: 3101)

2. The applicant has submitted a copy of The Fertilizer (Control) Order 1985, Ministry of Agriculture and Rural development regarding definition of Biofertilizer as,

“Biofertiliser means the product containing carrier based (solid or liquid) living microorganisms which are agriculturally useful in terms of nitrogen fixation, phosphorus solubilisation or nutrient mobilization, to increase the productivity of the soil and/or crop/”

The applicant has also submitted specifications of Bio-Fertilizers.

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