In re I-tech Plast India Pvt.Ltd. (GST AAR Gujarat)
Question-1: What is the appropriate classification and rate of GST applicable on supply of the Plastic Toys under CGST and SGST?
Answer: The classification of the product ‘Plastic toys’ manufactured and supplied by the applicant M/s. I-tech Plast India pvt.ltd., Survey No.108-109, Bhavnagar-Rajkot Highway, Shampara, Bhavnagar (as per the First Schedule to the Customs Tariff Act, 1975(51 of 1975) as well as the corresponding rate of GST (as per Notification No.01/2017-Central Tax(Rate) dated 28.06.2017 (as amended from time to time) is as detailed in the table below:
| Sr. No. | Name of the product | Classification as per the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) | Rate of tax(GST) |
|---|---|---|---|
| 01. | Plastic toys | 95030030 | 12% (6% SGST + 6% CGST). |
Question-2: Can the applicant claim Input Tax Credit in relation to CGST-SGST separately in debit notes issued by the supplier in current financial year i.e. 2020-21, towards the transactions for the period 2018-19?”
Answer: The applicant cannot claim Input Tax Credit in relation to CGST-SGST separately in debit notes issued by the supplier in current financial year i.e. 2020-21, towards the transactions for the period 2018-19 for the reasons discussed hereinabove.
FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, GUJARAT
BRIEF FACTS
The applicant M/s. I-tech Plast India pvt.ltd., Survey No. 108-109, Bhavnagar-Rajkot Highway, Shampara, Bhavnagar is engaged in the business of manufacturing and supply of toys made up of plastic and/or rubber or both wherein essentially plastic is the main component. The applicant has stated that as per their understanding, the plastic toys manufactured and supplied by the applicant would squarely be eligible to be classified under Chapter Heading 9503.
2. The applicant has submitted that the Central Government has issued Notification No.01/2017-Central Tax(Rate) dated 28.06.2017 containing Schedules-I to VI which specifies goods which will be levied to tax at the rate of 2.5%, 6%, 9%, 14%, 1.5% and 0.125% and that the said notification has been amended from time to time. The applicant has stated that the relevant entries in the respective Schedules of Notification No.01/2017-Central Tax(Rate) dated 28.06.2017 as amended till date, for the purpose of the applicant’s product in question reads as under:
