Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
AAR held that the applicant's products qualify as "medicaments" under the GST Tariff when manufactured exclusively as per formulae in the specified authoritative pharmacopoeias. Medicaments consisting of two or more constituents, mixed for therapeutic or prophylactic use and not put up in measured doses or retail packing, are classifiable under HSN 30039014 and fall under Entry 233 of Schedule I to Notification No. 1/2017-CT (Rate). All other such medicaments, whether mixed or unmixed and put up in measured doses or retail packing, are classifiable under HSN 30049014 under Entry 234. In both classifications, GST rate applicable is 5%.
AAR held that the applicant's products qualify as "medicaments" under the GST Tariff when manufactured exclusively as per formulae in the specified authoritative pharmacopoeias. Medicaments consisting of two or more constituents, mixed for therapeutic or prophylactic use and not put up in measured doses or retail packing, are classifiable under HSN 30039014 and fall under Entry 233 of Schedule I to Notification No. 1/2017-CT (Rate). All other such medicaments, whether mixed or unmixed and put up in measured doses or retail packing, are classifiable under HSN 30049014 under Entry 234. In both classifications, GST rate applicable is 5%.
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