AI TextQuick Glance (AI)Headnote
Issues: (i) Whether Psyllium seeds procured through APMC/KUMS and later supplied without additional processing qualify as "fresh" seeds exempt under Entry No. 87 of Notification No. 10/2025-Central Tax (Rate) dated 17.09.2025; (ii) Whether the Psyllium seeds qualify as goods of seed quality exempt under Entry No. 77 of Notification No. 10/2025-Central Tax (Rate) dated 17.09.2025; (iii) Correct tariff classification and GST rate applicable to the Psyllium seeds.
Issue (i): Whether Psyllium seeds procured through APMC/KUMS and later supplied without additional processing qualify as "fresh" seeds exempt under Entry No. 87 of Notification No. 10/2025-Central Tax (Rate) dated 17.09.2025.
Analysis: The exemption under Entry No. 87 applies only where goods of heading 1211 are fresh or chilled at the time of supply by the supplier. Applying the distinction between fresh and dried produce stated in Circular No. 163/19/2021-GST, and the common parlance understanding of fresh agricultural produce, the Authority treated storage in a dry ventilated godown, without evidence of the duration or condition of storage, as imparting a dried character to the seeds. The condition of the goods at the subsequent supply stage, rather than at procurement from cultivators, was treated as determinative.
Conclusion: No. The seeds are not fresh Psyllium seeds eligible for exemption under Entry No. 87; the issue is decided against the assessee.
Issue (ii): Whether the Psyllium seeds qualify as goods of seed quality exempt under Entry No. 77 of Notification No. 10/2025-Central Tax (Rate) dated 17.09.2025.
Analysis: Entry No. 77 exempts goods of seed quality under Chapter 12, while Entry No. 87 specifically addresses Psyllium seeds under heading 1211 when supplied fresh or chilled. Having found that the goods supplied were dried and did not satisfy the fresh-or-chilled condition, the Authority rejected the alternative claim under Entry No. 77.
Conclusion: No. The seeds do not qualify for exemption as goods of seed quality under Entry No. 77; the issue is decided against the assessee.
Issue (iii): Correct tariff classification and GST rate applicable to the Psyllium seeds.
Analysis: Psyllium seeds are specifically enumerated under tariff item 1211 90 13 of the First Schedule to the Customs Tariff Act, 1975. As the seeds supplied were held to be dried and are used in pharmacy, they fall within Entry No. 71 of Schedule I to Notification No. 09/2025-Central Tax (Rate) dated 17.09.2025, covering dried plants and parts of plants of heading 1211.
Conclusion: Psyllium seeds are classifiable under tariff item 1211 90 13 and taxable at 5% GST under Entry No. 71; the issue is decided against the assessee.
Final Conclusion: Psyllium seeds supplied after storage in the stated conditions are treated as dried goods under heading 1211 and attract GST at 5% rather than exemption.
Ratio Decidendi: Where competing GST entries distinguish fresh or chilled goods from dried goods, taxability is determined by the condition of the goods at the time of supply, and goods treated as dried cannot claim the exemption reserved for fresh or chilled goods.
Condition at supply determines GST treatment of Psyllium seeds, with dried stored seeds taxable rather than exempt.
Psyllium seeds supplied after storage in dry, ventilated conditions are treated as dried goods rather than fresh or chilled goods, because their condition at the time of supply governs GST treatment. They therefore do not qualify for the exemption applicable to fresh or chilled Psyllium seeds, or for the alternative exemption for goods of seed quality. The seeds are classified under tariff item 1211 90 13 as dried plants and parts of plants used in pharmacy and attract GST at 5%. The fresh-or-chilled versus dried distinction determines exemption eligibility.
Classification of Psyllium seeds under Heading 1211 - GST exemption for fresh or chilled Psyllium seeds - GST exemption for Psyllium seeds as goods of seed quality Classification of Psyllium seeds under Heading 1211 - Classification of Psyllium seeds (Isobgul), used in pharmacy, under tariff sub-heading 1211 9013 - HELD THAT: - In the Case of M/s D.L. STEELS ETC. [2022 (7) TMI 471 - SUPREME COURT] Hon’ble SC discussed the concept of drying in context of Fruit and also relevant of common parlance test and it can be understood that “dried” means a planned process of drying and once product does not undergo the drying process, it will remain as fresh product. The tariff schedule expressly identifies Psyllium seed (Isobgul) under sub-heading 1211 9013, while the HSN Notes to Heading 1211 include Plantago psyllium herbs and seeds among the covered products. The Authority therefore held that the product falls under that sub-heading. [Paras 6] Psyllium seeds were classified under tariff sub-heading 1211 9013. GST exemption for fresh or chilled Psyllium seeds - Eligibility of Psyllium seeds stored in godowns before onward supply for exemption as fresh or chilled goods under Entry 87 - HELD THAT: - The Authority held that eligibility must be determined from the condition of the goods when supplied by the applicant, rather than when supplied by farmers through APMC/KUMS. Applying the distinction between fresh and dried produce explained in the Circular by analogy, it found that no evidence was furnished regarding the duration between harvest and onward supply. It treated storage in godowns as drying and held that the seeds acquired a dried character before supply. As the seeds are plant parts used in pharmacy, they were held covered by the entry for dried goods. [Paras 13, 14, 16, 18, 20] Exemption under Entry 87 was denied, and the supplies were held taxable at 5% under Entry 71 of Schedule I to Notification No. 09/2025-Central Tax (Rate). GST exemption for Psyllium seeds as goods of seed quality - Alternative exemption under Entry 77 for Psyllium seeds claimed to be goods of seed quality - HELD THAT: - Though Entry 77 exempts all goods of seed quality under Chapter 12, the Authority answered the alternative claim in the negative in view of its answer on Entry 87 and its discussion that the specific entry for Psyllium seeds under Heading 1211 applies to goods supplied fresh or chilled. [Paras 18, 20] The claimed exemption under Entry 77 was denied. Final Conclusion: P Psyllium Seeds (Isabgol) procured through Agricultural Produce Market Committee (APMC)/KUMS and supplied by the applicant can not be said to qualify as “fresh” Isabgol seeds and are not exempted under Entry 87 (HSN 1211) of Notification No. 10/2025-Central Tax (Rate) dated 17.09.2025 as “Plants and parts of plants (including seeds and fruits) of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purpose, fresh or “chilled.”and held taxable at 5%. The exemptions claimed under Entries 87 and 77 of Notification No. 10/2025-Central Tax (Rate) were denied.