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The AAAR held that the petitioner's supply of cakes, bakery items, ice creams, chocolates, and other edible products prepared on the premises and supplied from the counter with facility to consume on air-conditioned premises constitutes a composite supply of restaurant services, taxable at 5% GST without input tax credit. However, the supply of bought-out items like birthday stickers, candles, caps, balloons, etc. is taxable as supply of goods under Notification No. 1/2017-Central Tax (Rate). The petitioner is eligible for input tax credit on such goods. The petitioner does not qualify for the Composition Scheme due to ice cream manufacturing activity.
The AAAR held that the petitioner's supply of cakes, bakery items, ice creams, chocolates, and other edible products prepared on the premises and supplied from the counter with facility to consume on air-conditioned premises constitutes a composite supply of restaurant services, taxable at 5% GST without input tax credit. However, the supply of bought-out items like birthday stickers, candles, caps, balloons, etc. is taxable as supply of goods under Notification No. 1/2017-Central Tax (Rate). The petitioner is eligible for input tax credit on such goods. The petitioner does not qualify for the Composition Scheme due to ice cream manufacturing activity.
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