In re Criyagen Agri & Biotech Private Limited (GST AAR Karnataka)
What is the HSN Code & GST rate applicable to our new product by name Bio-Phosphate?
The product “Bio-Phosphate” merits classification under HSN code 3103 90 00 and thus are exigible to GST @ 5%, in terms of Sl.No.182B of Schedule I to the Notification No. 1/2017-Central Tax(Rate) dated 28.06.2017, as amended.
FULL TEXT OF THE ORDER OF AUTHORITY FOR ADVANCE RULING, KARNATAKA
M/s. Criyagen Agri & Biotech Private Limited (herein after referred to as Applicant’), 71/5, Nelamangala Highway Road, Kareem Sonnenahalli, Doddaballapur Taluk, Bengaluru Rural District, Kamataka-562 163, having GSTIN 29AADCC4142P1ZB, have filed an application for Advance Ruling under Section 97 of CGST Act, 2017 read with Rule 104 of CGST Rules, 2017 and Section 97 of KGST Act, 2017 read with Rule 104 of KGST Rules, 2017, in FORM GST ARA-01 discharging the fee of Rs.5,000/- each under the CGST Act and KGST Act.
2. The applicant stated that they have been manufacturing Agro inputs like organic manures, Biofertilisers and Fertilisers since 2008; they are pioneers in inventing new products for sustainable agriculture; they have patents to their products namely BOTI (Patent No.389427) and Bio-Phosphate (Patent No.393243); they are launching their new product “Bio-Phosphate”.
3. In view of the above, the applicant has sought advance ruling in respect of the following question:
a. What is the HSN code & GST rate applicable to our new product by name Bio-Phosphate?
4. Admissibility of the Application : The applicant claimed that the question on which advance rulings has been sought is with regard to “classification of goods” which is covered under Sections 97(2)(a) of the CGST Act 2017 and hence the instant application is admissible.
5. BRIEF FACTS OF THE CASE: The applicant furnishes the following facts relevant to the issue:
5.1 Bio-Phosphate is a Phosphate Solubilizing Fungal Biofertilizer Formulation. This product is registered under FCO (Fertilizers Control Order 1985) product category Phosphate solubilizing Fungal Biofertilizers (Schedule-Ill, Part A, page no-196) with License No: JDA/F&PP/KAR/FE19-2017145/2019-2020. Phosphate Solubilizing Fungal and Bacterial cultures are blended with the carrier material Rock Phosphate supplemented with essential mineral nutrients, which are crop nutrients and fertilizers.
5.2 Product Label Claim:
