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Goods and Services Tax

Green pepper picked from vine is exempt under GST

Case Law Details

TaxGuru Citation
2019 taxguru.in 620
Case Name
In re M/s. Herbal Isolates Private Limited (GST AAR Kerala)
Date of Judgement/Order
Only available for paid members
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In re M/s. Herbal Isolates Private Limited (GST AAR Kerala)

i) Whether fresh raw green pepper of genus Piper Nigrum is a vegetable that merits, classification under heading 0709 99 10 of Chapter 7 of the Customs Tariff Act, 1975.

Green Peppercorns plucked fresh from the vines qualifies the classification under Chapter 7 of the Customs Tariff Act, 1975.

ii)  If the answer to the above question is no, then will fresh raw green pepper of genus Piper Nigrum merit classification as a spice under heading 0904 of Chapter 9 of the Customs Tariff Act, 1975.

The ‘green pepper picked from the vine if subject to any process for retaining their natural green colour and flavour, it would be classifiable under 0904 11 90 of Chapter 9 of the Customs Tariff Act. 1975.

iii) If the answer to both of the above questions are no, then under which heading will fresh raw green pepper of genus Piper Nigrum be classified under the Customs Tariff Act. 1975.

The ‘green pepper picked from the vine qualifies the classification under Chapter 7 of the Customs Tariff Act. 1975. However, if it Is subject to any process for retaining their natural green colour and flavour, it would be classifiable under 0904 11 90 of Chapter 9 of the Customs Tariff Act. 1975.

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