Case Law Details
In re George Maijo Industries Private Limited (GST AAR Kerala)
1. Whether the GST rate of 5% for outboard motors pertaining to HS code 8407 and its spare parts as per Entry in Sl. No. 252 of Schedule I of Notification No. 01/2017 Central Tax (Rate) dated 28.06.2017 is applicable to supplies made by the applicant; that the GST rate of 28% shown in Schedule IV Sl. No.114 is not applicable for sales made by the applicant.
Ruling: The Out Board Motors and its spare parts supplied for use in vessels falling under Customs Tariff Heading 8902 shall attract GST at the rate of 5% [2.5%-COST + 2.5% SGST] as per entry at SI. No. 252 of Schedule I of Notification No. 01/2017 Central Tax (Rate) dated 28.06.2017. If it is supplied for use other than as parts of goods of headings 8901, 8902, 8904, 8905, 8906 and 8907 as stated above, GST at the rate applicable under the respective Customs Tariff Headings in which they are classified will apply.
2. Whether the clarification issued vide Circular No.52/26/2018-GST (Point 10.1) is applicable in the instant case.
Ruling: Yes.
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