2018 (10) TMI 1141 - AAR - GST

GST Exemption: Storing Fresh Eggs in Cold Storage Facility Qualifies as Agricultural Produce

The Authority for Advance Ruling determined that storing fresh eggs in a cold storage facility qualifies as storing agricultural produce and is exempt ... Exemption of storage services for agricultural produce - definition of 'agricultural produce' for exemption purposes - storage or warehousing of agricultural produce - applicability of Entry No. 54 of Notification No. 12/2017 and Entry No. 24 of Notification No. 11/2017 (Rate) - advance ruling under Section 97(2)(b) and (e) of the CGST Act, 2017Exemption of storage services for agricultural produce - definition of 'agricultural produce' for exemption purposes - storage or warehousing of agricultural produce - applicability of Entry No. 54 of Notification No. 12/2017 and Entry No. 24 of Notification No. 11/2017 (Rate) - Whether charges for storing fresh eggs (in shell) in cold storage are exempt from GST as services relating to agricultural produce under the cited notifications. - HELD THAT: - The Authority examined the statutory definition of 'agricultural produce' in the Notifications relied upon and the scope of exempted services which expressly include 'loading, unloading, packing, storage or warehousing of agricultural produce.' Fresh eggs are produced by rearing poultry and, when kept in shell without further processing, fall within the definition of 'agricultural produce' because no processing that alters essential characteristics is performed. The Authority also noted precedential support where cold storage of an agricultural produce (milk) was held not leviable to service tax. Applying the notification language to the undisputed facts that the applicant stores fresh eggs in shell and provides storage/warehousing services, the Authority concluded that such storage services are covered by the exemption. [Paras 4]Charges for storing fresh eggs in shell in cold storage are exempt from GST under the cited entries of the Notifications.Final Conclusion: The Authority ruled that service charges for storing fresh eggs (in shell) produced by poultry rearing are exempt from GST under Entry No. 24 of Notification No. 11/2017 and Entry No. 54 of Notification No. 12/2017 (Rate). Issues:1. Applicability of notification under CGST/RGST Act 20172. Determination of liability to pay tax on goods or services3. Exemption of GST on storage charges for agricultural produceAnalysis:1. The applicant, a cold storage facility, sought an advance ruling on whether storing fresh eggs, a product of poultry farming, is exempt from GST under specific notifications. The applicant argued that as per relevant notifications, agricultural produce includes products from rearing animals without further processing, making the service of storing fresh eggs non-taxable under GST.2. The applicant referred to Notification No. 12/2017-CT (Rate) and Notification No. 11/2017-CT (Rate) to support their claim. They highlighted that eggs, being a produce of live chicken farming without further processing, fall within the definition of agricultural produce as per the notifications. Therefore, they contended that the service of storing fresh eggs should not attract GST.3. During the personal hearing, the applicant submitted relevant documents and a judgment supporting their position. The jurisdictional officer also confirmed that eggs are considered agricultural produce, and services related to storage of such produce are covered under the notifications cited by the applicant.4. The Authority for Advance Ruling analyzed the definitions and provisions of the relevant notifications and the applicant's submissions. They noted that fresh eggs, being a product of poultry farming without further processing, qualify as agricultural produce under the notifications. The ruling also referenced a previous case where storage services for milk, also considered agricultural produce, were deemed non-taxable.5. Based on the definitions provided in the notifications and the precedent set by the previous case, the Authority pronounced that the charges for storing fresh eggs, which meet the criteria of agricultural produce, are exempt from GST. Therefore, the applicant's service of storing fresh eggs in their cold storage facility is not subject to GST as per the specified notifications.This comprehensive analysis of the judgment provides a detailed overview of the issues raised, the arguments presented, and the final ruling given by the Authority for Advance Ruling.