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        Case ID :

        2018 (10) TMI 512 - AAR - GST

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        GST Ruling: Natural Tile Adhesive Classified as 'Prepared Binders' - Clarity on Tax Classification The court ruled that the Tile Adhesive and Joint Filler, manufactured using natural components like silica sand, dolomite powder, cement, and chemicals, ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                GST Ruling: Natural Tile Adhesive Classified as 'Prepared Binders' - Clarity on Tax Classification

                                The court ruled that the Tile Adhesive and Joint Filler, manufactured using natural components like silica sand, dolomite powder, cement, and chemicals, were classified as 'prepared binders' under HSN 3824 and subject to 18% GST. The judgment emphasized the distinction between 'prepared binders' and other substances like putty, providing clarity on tax classification for similar products and ensuring compliance with GST regulations.




                                Issues: Classification of Tile Adhesive and Joint Filler for GST tax rate determination.

                                Analysis:
                                The case involved a manufacturer of Tile Adhesive and Joint Filler seeking an advance ruling on the applicable tax rate for the products. The applicant used raw materials such as silica sand, dolomite, cement, and chemicals to manufacture the adhesive, which was considered a 'prepared binder' under HSN 3824 and taxable at 18% GST. However, the assessing authority argued that the product fell under HSN 3214, which covers items like putty and cement compounds. The authorized representative contended that the adhesive was a mixture of natural products, distinct from putty, and should be classified under HSN 3824.

                                Upon examination, it was noted that HSN 3214 included non-refractory surfacing preparations, while HSN 3824 encompassed products of natural mixtures. The manufacturer had a mining lease license to utilize natural resources like silica sand and dolomite powder for manufacturing the adhesive. The product, created by blending these natural elements with cement and chemicals, was considered a 'prepared binder' falling under HSN 3824. Consequently, the ruling determined that the Tile Adhesive and Joint Filler, made from natural components like silica sand, dolomite powder, cement, and chemicals, were classified as 'prepared binders' under HSN 3824 and subject to 18% GST.

                                This judgment clarifies the classification of the products based on their composition and production process, highlighting the distinction between 'prepared binders' and other similar substances like putty. The ruling provides clarity on the applicable tax rate for the manufacturer's goods, ensuring compliance with GST regulations and avoiding ambiguity in tax determination for similar products in the future.
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                                ActsIncome Tax
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