In re Vivek V. Ratnaparkhi- M/s. Madhurya Chemicals (GST AAR Maharashtra)
A. Whether the classification of ‘Shatamrut Chyavan’ falling under TSH 2309 90 10 of Customs Tariff Act, 1975 as adopted to GST attracting ‘NIL’ rate (0%) of IGST (0%) CGST + (0%) SGST) as per List of Exempted Goods as per Sr. No. 102 of Notification No. 02/2017 – Central Tax (Rate) dated 28.06.2017 is correct or not?
Applicant has raised the issue of classification of their product namely, ‘Shatamrut Chyavan’. The subject product is manufactured out of sugarcane molasses, which is the major ingredient. Applicant is also adding other ingredients along with sugarcane molasses in the subject product, to increase the nutritional value of the sugarcane molasses. Applicant has been classifying the impugned product under Chapter No. TSH 2309 90 10, attracting ‘NIL’ rate of GST and now wants to classify the same under Chapter 2303 of the Customs Tariff Act, 1975 as adopted by GST Tariff. The reason put forth by the applicant to classify the subject product under Chapter Heading 2303 is that the said product is only a nutritional supplement to the cattle feed and cannot be considered as cattle feed in isolation.
The subject product is a complete animal feed supplement manufactured out of molasses mixed with 15 other ingredients to increase the nutrition value of the feed supplement. From the submissions made by the applicant and view of the above Chapter Notes, we find that the subject product is nothing but prepared animal feed and therefore the same would fall under the said Chapter Heading 23.09.
We agree with the jurisdictional officer that the classification of the subject product under TSH 2309 90 10 of Customs Tariff Act, 1975 is correct. We also agree with the submissions of the jurisdictional officer that the subject product is capable of specific use as food supplement for animals & not capable of any general use.
While Chapter 23.03 covers only residues of starch manufacture and similar residues, beet-pulp, bagasse and other waste of sugar manufacture, brewing or distilling dregs and waste. Chapter Heading 23.09 specifically covers preparations of a kind used in animal feeding.
In view of the above, we hold that the subject product has been rightly classified by the applicant under Chapter Heading 23.09 and the said product, falling under TSH2309 90 10 of Customs Tariff Act, 1975 as adopted to GST, attracts ‘NIL’ rate as per Sr. No. 102 of Notification No. 02/2017 – Central Tax (Rate) dated 28.06.2017.
Question B:– Whether the goods falling under TSH 2309 90 10 of Customs Tariff Act, 1975 as adopted to GST can be treated as ‘waste of sugar manufacture, whether or not in the form of pellets under heading 2303’ attracting 5% of IGST (2.5% CGST + 2.5% SGST) as per Schedule I (Sr. No. 104) of Notification No. 01/2017 – Central Tax (Rate) dated 28.06.2017 or not?
The second question raised by the applicant is “whether the goods falling under TSH 2309 90 10 of Customs Tariff Act, 1975 as adopted to GST can be treated as ‘waste of sugar manufacture, whether or not in the form of pellets under heading 2303’ attracting 5% GST per Schedule I, Sr. No. 104 of Notification No. 01/2017 – Central Tax (Rate) dated 28.06.2017 or not.
The jurisdictional officer has contended that goods falling under TSH 2309 90 10 of Customs Tariff Act, 1975 as adopted by GST cannot be treated as ‘waste of sugar manufacture in the form of pellets under heading 2303 attracting 5% GST under Sr. No. 104 of Notification No. 01/2017 – Central Tax (Rate) dated 28.06.2017 and has made arguments and submissions accordingly.
We find that the subject question number 2 is general in nature and does not appear to be connected to a particular product being manufactured by the applicant or proposed to be manufactured. Thus the said question is not relation to supply of goods or services or both, being undertaken or proposed to be undertaken by the applicant. Also, the said question is not on matters or questions specified in subsection 2 of Section 97, in relation to the supply of goods or services or both being undertaken or proposed to be undertaken by the applicant. Hence we refrain from answering the second question.
Read AAAR Order- Shatarnrut Chyavan is animal feed supplement & falls under HSN 23099010
