Case Law Details
In re Tvl. Raja Dheepam Spinning Mills Private Limited (GST AAR Tamilnadu)
Introduction Understanding the nuances of the Goods and Services Tax (GST) is pivotal for businesses. The case of Tvl. Raja Dheepam Spinning Mills Private Limited in Tamilnadu elucidates the GST rulings related to Wind Turbine Generators (WTG) and provides insights into the taxation norms surrounding this domain.
GST Rate for Used Wind Turbine Generators and Accessories According to the rulings, the composite supply of a used WTG, including its accessories, has been taxed at a rate of 6% under both the CGST Act, 2017 and the TNGST Act, 2017. This is rooted in entry 201A of Schedule I of Notification No. 01/2017 Central Tax (Rate), which was updated by Notification No.08/2021 Central Tax (Rate) on 30.09.2021.
HSN Code for Wind Turbine Generators The 8-digit Harmonized System of Nomenclature (HSN) code for a Wind Turbine Generator is 8412 80 30. This categorizes the product as a “Wind turbine or engine.”
GST Rate for Wind Turbine Generators on Installed Land In the domain of real estate, there’s a unique condition: if a wind mill is embedded in a piece of land, the sale of that land isn’t subject to GST. Based on clause 5 of Schedule III of the CGST Act, 2017, the sale of land isn’t classified as the supply of goods or services. This exempts it from GST implications.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
