In the case at hand, the applicant has stated that they have been established in March 2020 for the proposed supplies but had not furnished any documentary evidence to substantiate their proposed supply. Therefore, without material evidence for the proposed supply, no ruling is extended on the clarifications sought by the applicant.
Authority for Advance Ruling – Rate of GST on fishing boats and vessels – The applicant is a largest dealer for Marine Engines and Gearboxes having Sub dealers all over the coastal area. The applicant sought an Advance Ruling as to whether the supply of goods under HSN Code 8407 while principal supply is for fishing boats and vessels applying 5% GST rate is correct or not; as per the earlier Advance Rulings issued in various states and circular issued from Ministry of Finance, it clearly states that the GST liability for HSN 8408 is only 5% when it is supplied to fishing boats and vessels even though it is in higher taxable rate of 28% GST under the GST Schedule; why it cannot adopt the same for HSN 8407 marine engines. Goods of supply under HSN code 8409, 8483, 8902, 8487, 8501, 8502, 8415, 8418, 8413 which is also supplied to fishing boats and vessels mainly and whether it can be adopted as per the circular. The authority observed that the applicant has not furnished any documents such as Bill of Entry, Tax Invoice, Purchase Order, address of sale & Service centers, letter/correspondences to support their argument. The applicant has stated that they intend to enter into dealership with the principals. The applicant sought ruling on the applicability of effective rate of the products said to be 'proposed to supply', therefore, without material evidence for the proposed supply, no ruling is extended on the clarifications sought by the applicant.
Held that:- The Hon’ble Authority for Advance Ruling held that no ruling is extended.
In the case at hand, the applicant has stated that they have been established in March 2020 for the proposed supplies but had not furnished any documentary evidence to substantiate their proposed supply. Therefore, without material evidence for the proposed supply, no ruling is extended on the clarifications sought by the applicant.
Authority for Advance Ruling – Rate of GST on fishing boats and vessels – The applicant is a largest dealer for Marine Engines and Gearboxes having Sub dealers all over the coastal area. The applicant sought an Advance Ruling as to whether the supply of goods under HSN Code 8407 while principal supply is for fishing boats and vessels applying 5% GST rate is correct or not; as per the earlier Advance Rulings issued in various states and circular issued from Ministry of Finance, it clearly states that the GST liability for HSN 8408 is only 5% when it is supplied to fishing boats and vessels even though it is in higher taxable rate of 28% GST under the GST Schedule; why it cannot adopt the same for HSN 8407 marine engines. Goods of supply under HSN code 8409, 8483, 8902, 8487, 8501, 8502, 8415, 8418, 8413 which is also supplied to fishing boats and vessels mainly and whether it can be adopted as per the circular. The authority observed that the applicant has not furnished any documents such as Bill of Entry, Tax Invoice, Purchase Order, address of sale & Service centers, letter/correspondences to support their argument. The applicant has stated that they intend to enter into dealership with the principals. The applicant sought ruling on the applicability of effective rate of the products said to be 'proposed to supply', therefore, without material evidence for the proposed supply, no ruling is extended on the clarifications sought by the applicant.
Held that:- The Hon’ble Authority for Advance Ruling held that no ruling is extended.