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Case Law Details

Case Name : In re Mohammed Hasanbhai Kabala (GST AAR Gujarat)
Appeal Number : Advance Ruling No. GUJ/GAAR/R/2022/02
Date of Judgement/Order : 07/03/2022
Related Assessment Year :
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In re Mohammed Hasanbhai Kabala (GST AAR Gujarat)

What should be the classification and applicable tax rate on the supply of Ready to Serve Fruit Beverage named as ‘Apple Cola Fizzy’ and ‘Malt Cola Fizzy’ made by the applicant under Notification No. 1/2017 – CT (Rate) dated 28.06.2017 as amended up to date?

AAR held that Apple Cola Fizzy and Malt Cola Fizzy are Carbonated Beverages with fruit juice, classifiable at HSN 22021090 and  GST is leviable at 28% on Apple Cola Fizzy and Malt Cola Fizzy. Further GST Compensation Cess leviable at 12% on Apple Cola Fizzy and Malt Cola Fizzy.

FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, GUJARAT

Mr. Mohammed Hasanbhai Kabalai (hereinafter referred to as the applicant) submits that it intends to supply Thermally Processed Ready to Serve Fruit Beverage. The applicant cites entry 2.3.10 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulation, 2011 for classification of goods. It shall be a ready to serve fruit beverage with different flavours. Presently, the applicant is not registered under GST.

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