GST payable on Sale of second hand or used Paintings

In re Saffron Art Private Limited (GST AAR Maharashtra)

Question 1:- Classification of second hand or used ‘Paintings’ [Section 97(2) (a)]

Answer: – The ‘Paintings are classifiable under Heading 9701 of the GST Tariff.

Question 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 ?

Answer: – Answered in the affirmative. The provisions of Rule 32(5) of CGST Rules will be applicable to applicant in respect of second hand i.e. used paintings which are purchased by them and then sold.

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