Case Law Details
In re Ms Techno Tradings and Services Pvt. Ltd. (GST AAR Kerala)
i) As per the Notification No.01/2017 Central Tax (Rate) dated 28/06/2017 Marine Diesel Engine falling under TSH 8408 of Customs Tariff Act, 1975, as adopted to GST, attracts 28% IGST (14% CGST+14% SGST) as per Serial No.115 of Schedule IV is correct or not?
The Diesel Engines supplied for use in goods falling under heading 8901, 8902, 8904, 8905, 8906, 8907 will be deemed to be parts of vessels / goods falling under the above headings and thereby taxable @ 5% GST as per Sl. No.252 of Schedule I of the Notification No. 01/2017 Central Tax (Rate) dated 28.06.2017. If it is used for some other purpose, the applicable tax rate would be 28% GST as per Si No. 115 of Schedule /V of the said notification.
ii) As per the Notification No.01/2017 Central Tax (Rate) dated 28.06.2017, Gear Box failing under TSH 8483 of Customs Tariff Act, 1975, as adopted to GST, attracts 28% IGST (14% CGST+14% SGST) as per Serial No.135 of Schedule IV is correct or not?
The Gear Boxes falling under TSH 8483 when supplied for use in vessels / goods falling under heading 8901, 8902, 8904, 8905,8906, 8907 will be deemed to be parts of such goods and thereby would be taxable @ 5% GST as per SI No.252 of Schedule I of the Notification No.01/2017 Central Tax (Rate) dated 28.06.2017. If it is used for some other purpose, the applicable tax rate would he 28% GST as per Si No. 135 of the said notification.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
