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The AAR held that commission earned by an auctioneer for conducting cardamom auctions is liable to GST at applicable rates. The applicant provided comprehensive services including storage, grading, pooling cardamom from different origins, and converting them into auction lots, beyond merely facilitating sales. The Authority rejected the argument that "auctioneer" and "commission agent" are interchangeable terms under exemption Entry 54(g) of Notification 12/2017, emphasizing strict interpretation of exemption notifications. The services were classified under SAC codes 996111/996211 relating to wholesale/retail trade commission services under Entry 5 of Notification 11/2017, which supersedes the general exemption. The specific entry for auction commission services prevails over general exemption provisions for agricultural produce commission agents.
The AAR held that commission earned by an auctioneer for conducting cardamom auctions is liable to GST at applicable rates. The applicant provided comprehensive services including storage, grading, pooling cardamom from different origins, and converting them into auction lots, beyond merely facilitating sales. The Authority rejected the argument that "auctioneer" and "commission agent" are interchangeable terms under exemption Entry 54(g) of Notification 12/2017, emphasizing strict interpretation of exemption notifications. The services were classified under SAC codes 996111/996211 relating to wholesale/retail trade commission services under Entry 5 of Notification 11/2017, which supersedes the general exemption. The specific entry for auction commission services prevails over general exemption provisions for agricultural produce commission agents.
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