Case Law Details
In re Prajapati Keval Dineshbhai (GST AAR Gujarat)
GST @12% applicable on unbranded pre-packaged namkeens and salted/flavoured potato chips
The AAR, Gujarat in the matter of M/s Prajapati Keval Dineshbhai [Order No. GUJ/GAAR/R/2022/54 dated December 30, 2022] has held that, the supply of un-branded packaged namkeens and potato products such as chips/sev etc., according to pre-determined weights, will attract Goods and Services Tax (“GST”) at 12% as per Sl. No. 46 of Schedule-II of Notification No. 01/2017 – Central Tax (Rate) dated June 28, 2017 (“the Goods Rate Notification”). Further held that, the supply of dry potato starch powder as a bye product has a specific entry and is classified under Sl. No. 18 of Schedule-II of the Goods Rate Notification, attracting GST rate of 12%.
Facts:
M/s Prajapati Keval Dineshbhai (“the Applicant”) is an un-registered person and intended to set-up a manufacturing unit of various unbranded food products like potato chips (various flavours), potato sev, potato chivda, gathiya and other snacks (“the Products”) and supply in packages of pre-determined weight. Further, the Applicant will be producing ‘dry potato starch powder’ as a by-product of manufacture of potato based products.
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