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HSN code and rate of tax

Bharat Cholleti

Dear sir,

Rate of tax and HSN code of Groundnut Husk

Groundnut Husk Classified Under HSN 1202, Attracts 5% IGST or 2.5% CGST/SGST Per Notification 01/2017-C.T. (Rate) A query was raised regarding the GST rate and HSN code for groundnut husk. It was clarified that groundnut husk, emerging during groundnut processing, is not considered an agricultural product. According to Notification No. 01/2017-C.T. (Rate), it falls under heading 1202, attracting a 2.5% CGST and SGST for intra-state supply, or 5% IGST for inter-state supply. The discussion concluded with agreement on this classification, emphasizing that waste from groundnut processing is classified under the same heading. (AI Summary)
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Rajagopalan Ranganathan on Dec 10, 2020

Sir,

According to Sl. No. 81 of Notification No. 02/2017-C.T. (Rate) dated 28.06.2017 as amended only "Ground-nuts, not roasted or otherwise cooked, whether or not shelled or broken, of seed quality" falling under heading Ni. 1202 is chargeable to 'Nil' rate of gst.

According to Sl. No. 65 of Notification No. 01/2017-C.T. (Rate) dated 28.06.2017 as amended "Ground-nuts, not roasted or otherwise cooked, whether or not shelled or broken other than of seed quality" falling under heading No. 1202 is liable to CGST @2.5% and SGST @2.5% if the supply is intra-state or 5% IGST if the supply is inter-state. Since Groundnut husk emerges during the processing of groundnut it cannot be treated as an agricultural product and the same is classifiable under heading 1202 and liable to gst @2.5% or 5% as the case may be. In my opinion, since there is no entry for waste arising during processing of groundnut the same is classifiable under heading 1202.

Bharat Cholleti on Dec 10, 2020

Thank you sir

KASTURI SETHI on Dec 12, 2020

I am also of the same view as opined by Sh.Ranganathan, Sir. Groundnut is classifiable under Chapter/Heading/Sub-heading No.1202 4290

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