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Case Law Details

Case Name : In re Kalagarla Suryanarayana Son (GST AAR Andhra Pradesh)
Appeal Number : Advance Ruling AAR No. 30/AP/GST/2019
Date of Judgement/Order : 10/12/2019
Related Assessment Year :
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In re Kalagarla Suryanarayana Son (GST AAR Andhra Pradesh)

Whether Tamarind Seed attracts Nil Rate of Tax under HSN Code 1209 (Forest Trees Seed) or Not?

Basic issue before us is whether Tamarind Seed attracts Nil Rate of Tax under HSN Code 1209 (Forest Trees Seed) or not. The appellant at the time of Personal Hearing admitted that the tamarind seed/kernel as traded by them is sold to Millers and meant for commercial /industrial purpose. Moreover no certificate or any other document certifying the tamarind kernel/ seed meant for sowing purpose is submitted by the applicant. Coming to the classification issue, CBIC in its FAQs published on HSN code and GST Rates dt: 03.08.2017 gave a clarification that tamarind kernel falls under HSN Code 1207. As per the Notification No.1/2017 – Central Tax (Rate) dt: 28.06.2017 Tamarind kernel falls under the following entry:

Schedule – I (CGST 2.5% + SGST 2.5%)

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