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Issues: (i) Whether the proposed tea-and-accessory bundles are composite or mixed supplies and what GST rates apply. (ii) Which HSN codes should be used for those mixed supplies.
Issue (i): Whether the proposed tea-and-accessory bundles are composite or mixed supplies and what GST rates apply.
Analysis: A composite supply requires taxable supplies to be naturally bundled in the ordinary course of business, with one principal supply. The relevant indicators include customer expectations, industry practice and whether the accompanying items are integral to the overall supply. Customers do not ordinarily expect tea to be bundled with the proposed accessories, similar businesses do not generally provide them together, and the accessories are not essential to the enjoyment of tea. The items can be supplied separately, while the proposed bundles have a single price. A mixed supply attracts the highest GST rate applicable to any component.
Conclusion: The bundles are mixed supplies, not composite supplies, against the assessee on classification. Bundles containing a stainless steel spoon, plastic spoon or glass cup attract 18% GST; bundles containing a wooden honey dipper attract 5% GST.
Issue (ii): Which HSN codes should be used for those mixed supplies.
Analysis: A mixed supply is treated as the component attracting the highest GST rate. The legislation is silent on HSN selection where both components attract the same rate.
Conclusion: Where rates differ, the HSN code of the higher-rated component must be used: 82159900 for stainless steel spoons, 39241090 for plastic spoons and 70139900 for glass cups. Where tea and a wooden honey dipper both attract 5%, either component's HSN code may be used.
Final Conclusion: The proposed bundles are taxable and classified as mixed supplies rather than automatically following tea as the principal supply.
Ratio Decidendi: Separately supplyable goods bundled for a single price without natural bundling constitute a mixed supply, taxable and classified by reference to the highest-rated component; where the components attract equal rates, either component's HSN code may be used.
Tea and accessory bundles sold together attract mixed supply taxation and classification based on the highest-rated component.
Tea-and-accessory bundles sold for a single price are mixed supplies, rather than composite supplies, when the items are separately supplyable and not naturally bundled in ordinary business. Natural bundling depends on customer expectations, industry practice and whether accompanying items are integral to the supply. A mixed supply attracts the highest GST rate applicable to any component. Bundles with stainless steel spoons, plastic spoons or glass cups attract 18% GST and use HSN codes 82159900, 39241090 and 70139900, respectively. Tea and wooden honey dipper bundles attract 5% GST; where both components attract the same rate, either component's HSN code may be used.
Composite supply and mixed supply of tea with utensils - Highest-rate taxation of mixed supplies - HSN codes for mixed supplies Composite supply and mixed supply of tea with utensils - Highest-rate taxation of mixed supplies - Characterisation and GST rate of tea supplied with spoons, glass cups or wooden honey dippers in a single retail pack for a single price - HELD THAT: - Natural bundling in the ordinary course of business is essential to a composite supply; predominance of tea does not by itself satisfy that requirement. Consumers do not ordinarily expect these utensils with tea, similar businesses do not customarily supply such bundles, and removal of the utensils does not affect the nature of the tea supply. Tea and the accompanying articles are independently marketable and are supplied together for a single price, satisfying the requirements of mixed supply under section 2(74) of the CGST Act, 2017. Section 8(b) requires a mixed supply to be taxed at the highest rate applicable to its constituents. Tea and wooden honey dippers attract 5% GST, whereas stainless steel spoons, plastic tea and honey spoons, and glass cups attract 18%. [Paras 12, 13] The proposed combinations constitute mixed supplies, taxable at 18% when tea is paired with stainless steel or plastic spoons or glass cups, and at 5% when green tea, herbal tea or pyramid tea bags are paired with wooden honey dippers. HSN codes for mixed supplies with unequal or equal GST rates - Selection of the HSN code for the proposed tea-and-utensil mixed supplies where constituent GST rates differ or are equal - HELD THAT: - The HSN code must correspond to the constituent supply attracting the highest GST rate. Where both constituent supplies attract the same rate, however, the CGST Act does not prescribe which HSN code governs. In that situation, the Authority held that the HSN code of either constituent supply may be mentioned. [Paras 14] Combinations with wooden honey dippers may bear either constituent's HSN code; the other proposed combinations must bear the HSN code of the higher-rated utensil. Final Conclusion: All proposed combinations were ruled to be mixed supplies, attracting 18% GST except the combinations with wooden honey dippers, which attract 5%, with HSN treatment determined accordingly.