Tea and accessory bundles sold together attract mixed supply taxation and classification based on the highest-rated component.
Tea-and-accessory bundles sold for a single price are mixed supplies, rather than composite supplies, when the items are separately supplyable and not naturally bundled in ordinary business. Natural bundling depends on customer expectations, industry practice and whether accompanying items are integral to the supply. A mixed supply attracts the highest GST rate applicable to any component. Bundles with stainless steel spoons, plastic spoons or glass cups attract 18% GST and use HSN codes 82159900, 39241090 and 70139900, respectively. Tea and wooden honey dipper bundles attract 5% GST; where both components attract the same rate, either component's HSN code may be used.
Issues: (i) Whether the proposed tea-and-accessory bundles are composite or mixed supplies and what GST rates apply. (ii) Which HSN codes should be used for those mixed supplies.
Issue (i): Whether the proposed tea-and-accessory bundles are composite or mixed supplies and what GST rates apply.
Analysis: A composite supply requires taxable supplies to be naturally bundled in the ordinary course of business, with one principal supply. The relevant indicators include customer expectations, industry practice and whether the accompanying items are integral to the overall supply. Customers do not ordinarily expect tea to be bundled with the proposed accessories, similar businesses do not generally provide them together, and the accessories are not essential to the enjoyment of tea. The items can be supplied separately, while the proposed bundles have a single price. A mixed supply attracts the highest GST rate applicable to any component.
Conclusion: The bundles are mixed supplies, not composite supplies, against the assessee on classification. Bundles containing a stainless steel spoon, plastic spoon or glass cup attract 18% GST; bundles containing a wooden honey dipper attract 5% GST.
Issue (ii): Which HSN codes should be used for those mixed supplies.
Analysis: A mixed supply is treated as the component attracting the highest GST rate. The legislation is silent on HSN selection where both components attract the same rate.
Conclusion: Where rates differ, the HSN code of the higher-rated component must be used: 82159900 for stainless steel spoons, 39241090 for plastic spoons and 70139900 for glass cups. Where tea and a wooden honey dipper both attract 5%, either component's HSN code may be used.
Final Conclusion: The proposed bundles are taxable and classified as mixed supplies rather than automatically following tea as the principal supply.
Ratio Decidendi: Separately supplyable goods bundled for a single price without natural bundling constitute a mixed supply, taxable and classified by reference to the highest-rated component; where the components attract equal rates, either component's HSN code may be used.