The Gujarat AAR held that paan-based edible capsules containing supari but no lime, katha, or tobacco qualify as Betel nut product known as Supari under HSN 2106 90 30. All products were taxed at 5% GST under HSN 2106.
The case examined GST applicability on large-scale plantation and post-plantation maintenance work by a non-profit entity. The ruling confirmed that these activities fall within “preservation of environment.” The takeaway is that GST exemption applies when statutory conditions are met.
GAAR held that plantation and maintenance of trees undertaken by a charitable trust registered under Section 12AB of the Income-tax Act qualify as charitable activities for preservation of the environment. Accordingly, such activities are covered under Entry No. 1 of Notification No. 12/2017 and are exempt from GST, even when carried out under government PPP schemes like Harit Van Path Yojna.
The AAR held that construction of a warehouse remains blocked credit as buildings are excluded from “plant and machinery” under amended Section 17(5)(d).
The authority permitted withdrawal of the advance ruling application without examining its merits. The matter was disposed of with no findings on the issues raised.
The ruling held that bundling premix tea with various tea products is not naturally bundled and therefore constitutes mixed supply. The tax rate applicable is 5%, with the highest-rate principle guiding future cases.
The Gujarat AAR clarified that Metalized Yarn and Metallic Yarn are classified under HSN 56050020 as imitation zari. Supplies from metallized polyester/plastic films attract a 5% GST rate, effective from 27.07.2023. Refunds on input materials like polyester film are not permitted.
The ruling clarifies that imitation zari made from metallised polyester or plastic film falls under HSN 56050020 and is taxable at 5%. It confirms eligibility under Entry 218AA and Entry 353 across different notification periods.
The Gujarat Authority for Advance Ruling ruled that questions on receiving non-voting, irredeemable preference shares as export consideration are outside Section 97(2) of the CGST Act, leaving GST liability unresolved.
The advance ruling authority held that questions on e-way bill requirements fall outside Section 97(2) of the CGST Act and therefore cannot be answered, leaving both queries unresolved.
