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        Case ID :

        2021 (10) TMI 56 - AAAR - GST

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        Papad classification under GST: shape changes and the name 'fryums' did not displace the specific exemption entry. A food product commercially understood as papad remains classifiable under Tariff Item 1905 90 40 where its ingredients, manufacture, and consumption ...
                      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.

                          Papad classification under GST: shape changes and the name "fryums" did not displace the specific exemption entry.

                          A food product commercially understood as papad remains classifiable under Tariff Item 1905 90 40 where its ingredients, manufacture, and consumption pattern match traditional papad. The authority applied common parlance and trade understanding because "papad" is not defined in the GST enactments, and held that variation in shape or size does not change the product's essential character. The residuary heading 2106 90 99 was displaced by the more specific entry, and the market description "fryums" was treated as a colloquial or brand name rather than a separate commercial identity. The product was therefore eligible for nil GST under the applicable exemption.




                          Issues: Whether the appellant's product described as different shapes and sizes of papad is classifiable under Tariff Item 1905 90 40 of the Customs Tariff Act, 1975 as papad, and consequently entitled to nil GST under the relevant exemption notification, or whether it falls under the residuary Tariff Item 2106 90 99.

                          Analysis: The product was examined on its ingredients, manufacture, use, and market identity. The term "papad" is not specifically defined in the GST enactments, so classification had to be resolved by common parlance and trade understanding. The product was found to be made from flour-based dough, processed into thin wafer-like forms by dies of different shapes, and consumed only after roasting or frying. Its ingredients and use were held to be substantially similar to traditional papad, and the variation in shape did not alter its essential character. The residuary heading 2106 was held to yield to the more specific entry for papad. The authority also treated the popular market name "fryums" as a brand or colloquial description, not a distinct commercial identity displacing papad classification.

                          Conclusion: The product is papad, classifiable under Tariff Item 1905 90 40, and is eligible for nil GST under the applicable exemption entry.

                          Final Conclusion: The impugned advance ruling was modified, and the appellant's product was held to fall within the specific papad entry rather than the residuary food-preparation entry.

                          Ratio Decidendi: Where a food product is commercially understood as papad, and its ingredients, process, and consumption pattern match papad, difference in shape or popular nomenclature does not displace classification under the specific papad entry in preference to a residuary heading.


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                          ActsIncome Tax
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