2018 (10) TMI 343 - AAR - GST

Recipient's Classification Query deemed Inapplicable by Advance Ruling Authority

The Advance Ruling Authority in Uttar Pradesh ruled that the classification query raised by M/s. Ramway Foods Ltd. regarding sacks and bags used for ... Advance ruling - HSN classification of goods - recipient's standing before Advance Ruling Authority - scope of decision under advance ruling mechanismAdvance ruling - recipient's standing before Advance Ruling Authority - HSN classification of goods - Whether the applicant, being a recipient of sacks and bags, is entitled to seek an advance ruling on the classification of those goods. - HELD THAT: - The Authority examined the statutory definition and scope of an 'advance ruling' and observed that such a ruling must be directly related to the applicant in respect of a supply of goods or services undertaken or proposed to be undertaken by the applicant. The applicant in the present matter is only a recipient of the sacks and bags and not the supplier or manufacturer; the classification dispute raised pertains to the supplier's classification of the product under different HSN entries. Because the question relates to the supplier's classification and the applicant does not fall within the class of persons entitled to seek an advance ruling in relation to supplies made by others, the Authority held that the advance ruling mechanism is not applicable to the applicant's request. [Paras 6, 8]Application for advance ruling is not maintainable as the applicant is a recipient and not the supplier or manufacturer of the goods whose classification is sought to be determined.Final Conclusion: The Authority declined to decide the classification dispute because the applicant, being only the recipient of the sacks and bags and not the supplier or manufacturer, is not entitled to seek an advance ruling on that matter. Issues: Classification of sacks and bags for packing of goods under GST TariffAnalysis:The case involved a query raised by M/s. Ramway Foods Ltd. regarding the appropriate classification of sacks and bags used for packing goods of manmade textiles materials under the GST Tariff. The applicant, engaged in the manufacture of Wheat Flour, Maida, and Suii, used sacks made from woven fabric for packing their final products. These sacks fell under HSN 6305 33 00 attracting a GST rate of 5%. However, the manufacturer suppliers of the sacks classified them under HSN 3923 29 90, charging GST at 18%. The applicant contended that this misclassification increased the cost of their exempted products as they were unable to avail credit for the input sacks and bags.The Advance Ruling Authority considered the definition of Advance Ruling under Section 95(a) of the CGST/SGST Act, 2017, which specifies that a decision is provided to an applicant on matters related to the supply of goods or services undertaken or proposed by the applicant. The Authority noted that the applicant was a recipient of goods, not the supplier or manufacturer. Since the query raised was directly related to the supplier of goods, the ruling was deemed inapplicable in the instant case.Therefore, the ruling by the Authority for Advance Ruling in Uttar Pradesh stated that it was not applicable to the applicant as they were a recipient of goods, not the supplier or manufacturer of the said goods. This decision was based on the understanding that the query raised did not directly pertain to the supply of goods or services by the applicant, as required by the provisions of the CGST/SGST Act, 2017.