2025 (7) TMI 535 - AAR - GST

Icing sugar with edible starch classified under HSN 1701 attracts 5% GST instead of 18% under HSN 1702

The AAR, Kerala ruled that icing sugar manufactured from refined sucrose with edible starch should be classified under HSN code 1701 rather than 1702. The ... Classification of goods - Icing Sugar - HSN Code - rate of GST - to be classified under the HSN code 1701 (at the rate of 5% GST) or under HSN code 1702 (at the rate of 18% GST)? - HELD THAT:- It is found that icing sugar is sugar in solid form, obtained by pulverizing solid sugar. Any type of sugar, if ground to fineness, becomes icing sugar. Though chemically pure sugar falling under 1702, such as lactose, maltose, glucose and fructose etc. are not generally used to make icing sugar. From the literature available in public domain, it is seen that icing sugar is a finely ground sugar produced by milling granulated sugar into a powdered state. It usually contains between 2% and 5% of an anti-caking agent - such as corn starch, potato starch or tricalcium phosphate etc. to absorb moisture, prevent clumping, and improve flow. While a specific classification cannot be provided for icing sugar, it is found that the icing sugar deserves the very same classification applicable to the sugar which ground to make icing sugar. In the instant case, icing sugar is manufactured from refined sugar(sucrose), pulverized with starch and not added with any coloring or flavoring materials. Hence the appropriate classification of the product would falls under chapter/Heading/sub-heading/Tariff item - 1701 of the Customs Tariff Act 1975 with product description-Cane or beet sugar and chemically pure sucrose in solid form. The product under review, viz, “Icing sugar” manufactured from refined sucrose added with edible starch is to be appropriately classifiable under Schedule II of the rate notification No. 1/2017-Central Tax (Rate) dated 28.06.2017 with HSN code 17019990 - other sugar at the rate of tax of 6% CGST, 6% SGST and 12% IGST. 1. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered by the Authority for Advance Ruling (AAR) pertain to the classification and applicable GST rate on icing sugar under the GST regime. Specifically, the issues are:What is the Harmonized System of Nomenclature (HSN) code applicable to icing sugarRs.What is the correct rate of GST applicable on icing sugarRs.2. ISSUE-WISE DETAILED ANALYSISIssue 1: Classification of Icing Sugar under HSNRelevant legal framework and precedents: The classification of goods is governed by the Customs Tariff Act, 1975, and the GST rate notifications issued under the CGST Act, 2017. The GST classification and rates are aligned with the HSN codes as per Notification No. 01/2017-Central Tax (Rate) dated 28th June 2017, and its subsequent amendments. Rule 3(a) of the Customs Tariff Rules, which mandates that the heading providing the most specific description of the goods be preferred over a more general description, was applied for interpretation.Court's interpretation and reasoning: The AAR noted that icing sugar is not explicitly listed under any specific HSN heading. The relevant chapters considered were:Chapter 17, Heading 1701: 'Cane or beet sugar and chemically pure sucrose, in solid form'Chapter 17, Heading 1702: 'Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form'The applicant submitted that icing sugar is produced by pulverizing refined sugar (HSN 1701) with a small percentage (not more than 4%) of edible starch (HSN 1108). The starch is added as an anti-caking agent and does not alter the essential character of the sugar. The product is a white powder, free from added flavoring or coloring agents.The jurisdictional officer opined that no specific heading exists for icing sugar, and therefore the residual heading 1701 99 90 (other sugars under 1701) would be appropriate.The AAR examined the nature of icing sugar, which is essentially chemically pure sucrose in powdered form with minor starch addition. The starch acts only as an anti-caking agent and does not change the fundamental nature of the product. The product does not contain flavoring or coloring substances that would warrant classification under other headings.Applying Rule 3(a), the AAR concluded that the heading which most specifically describes the product is 1701, as it covers cane or beet sugar and chemically pure sucrose in solid form. The presence of starch up to 4% does not affect the essential character of the product.Key evidence and findings: The FSSAI regulation defining icing sugar, the manufacturing process details submitted by the applicant, and the absence of any additives other than edible starch were crucial. The public domain literature confirming that icing sugar is pulverized granulated sugar with anti-caking agents supported the classification under 1701.Application of law to facts: The classification principles under Customs Tariff Act and GST notifications were applied to the facts. The product's composition and manufacturing process were analyzed to determine the essential character and appropriate heading.Treatment of competing arguments: The applicant's contention that icing sugar should be classified under 1701 was accepted over the possibility of classification under 1702 or other headings. The jurisdictional officer's suggestion of residual heading under 1701 was aligned with the ruling. No contrary evidence or argument was found persuasive enough to alter the classification.Conclusion: Icing sugar, manufactured from refined sucrose with edible starch, is classifiable under HSN code 17019990 (other sugar under heading 1701).Issue 2: Applicable GST Rate on Icing SugarRelevant legal framework and precedents: The GST rates are prescribed under Notification No. 01/2017-Central Tax (Rate) and its amendments. The rates vary depending on the classification of goods under the HSN. Cane or beet sugar and chemically pure sucrose (HSN 1701) attract a GST rate of 12% (CGST 6% + SGST 6%). Other sugars under heading 1702 attract different rates.Court's interpretation and reasoning: Since the product was classified under HSN 17019990, the corresponding GST rate applicable is 12%. The ruling clarified that the presence of edible starch as an anti-caking agent does not change the classification or GST rate.Key evidence and findings: The GST rate notifications and the classification analysis formed the basis for determining the applicable GST rate. The applicant's submission regarding the product composition was considered to confirm that no additional GST rates for flavored or colored sugars apply.Application of law to facts: The GST rate was applied as per the classification determined under Issue 1.Treatment of competing arguments: The applicant's contention that icing sugar attracts 5% GST under HSN 1701 or 18% under HSN 1702 was addressed by clarifying that the correct classification is under 17019990 attracting 12% GST. No other competing arguments were found relevant.Conclusion: GST rate applicable on icing sugar manufactured from refined sucrose with edible starch is 12% (CGST 6% + SGST 6%).3. SIGNIFICANT HOLDINGSThe Authority for Advance Ruling held as follows:'Rule 3(a): The heading which provides the most specific description of the goods is to be preferred to a heading which provides a more general description.''The product under review is manufactured from chemically pure sucrose, which is pulverized with edible starch and not added with any flavoring or coloring materials. Verbally it is a composite product, but the ratio of refined sucrose and edible starch at 96:4, in which the presence of starch does not affect the essential character (taste) of sugar.''The appropriate classification of the product would fall under chapter/Heading/sub-heading/Tariff item - 1701 of the Customs Tariff Act 1975 with product description-Cane or beet sugar and chemically pure sucrose in solid form.''HSN code of Icing Sugar, manufactured from refined sucrose added with edible starch, is 17019990.''GST rate of Icing Sugar manufactured from refined sucrose added with edible starch is 12% (CGST 6% + SGST 6%).'