2018 (10) TMI 1141 - AAR - GST

Levy of GST - cold storage for storing of agriculture produce out of cultivation of plants and poultry eggs which are produce of rearing of life animals/poultry farming. Whether charges received by the cold storage for providing service of storing of eggs, which is produce of rearing of animals/poultry farming in cold storage is exempted from payment of GST in terms of S. no. 24 of Notification No. 11/2017-CT (Rate) and S. no. 54 of Notification no. 12/2017CT (Rate) dated 28.06.2016? Held that - Eggs are produced out of rearing of chicken (Poultry Farming) for food and as per definition of Agricultural Produce, any produce out of rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other similar products, on which either no further processing is done or such processing is done as is usually done by a cultivator or producer which does not alter its essential characteristics but makes it marketable for primary market. Thus Fresh Eggs in shell on which no further processing is done are covered under definition of agricultural produce . Ruling - The charges received by the applicant for providing service of storing of fresh eggs in shell on which no further processing is done, which are produce of rearing of animals/poultry farming, are exempted from payment of GST in terms of entry No. 24 of Notification No. 11/2017-CT (Rate) and entry S. No. 54 of Notification No. 12/2017-CT (Rate) dated 28.03.2016.

Summary

Issues:
1. Applicability of notification under CGST/RGST Act 2017
2. Determination of liability to pay tax on goods or services
3. Exemption of GST on storage charges for agricultural produce

Analysis:
1. The applicant, a cold storage facility, sought an advance ruling on whether storing fresh eggs, a product of poultry farming, is exempt from GST under specific notifications. The applicant argued that as per relevant notifications, agricultural produce includes products from rearing animals without further processing, making the service of storing fresh eggs non-taxable under GST.

2. The applicant referred to Notification No. 12/2017-CT (Rate) and Notification No. 11/2017-CT (Rate) to support their claim. They highlighted that eggs, being a produce of live chicken farming without further processing, fall within the definition of agricultural produce as per the notifications. Therefore, they contended that the service of storing fresh eggs should not attract GST.

3. During the personal hearing, the applicant submitted relevant documents and a judgment supporting their position. The jurisdictional officer also confirmed that eggs are considered agricultural produce, and services related to storage of such produce are covered under the notifications cited by the applicant.

4. The Authority for Advance Ruling analyzed the definitions and provisions of the relevant notifications and the applicant's submissions. They noted that fresh eggs, being a product of poultry farming without further processing, qualify as agricultural produce under the notifications. The ruling also referenced a previous case where storage services for milk, also considered agricultural produce, were deemed non-taxable.

5. Based on the definitions provided in the notifications and the precedent set by the previous case, the Authority pronounced that the charges for storing fresh eggs, which meet the criteria of agricultural produce, are exempt from GST. Therefore, the applicant's service of storing fresh eggs in their cold storage facility is not subject to GST as per the specified notifications.

This comprehensive analysis of the judgment provides a detailed overview of the issues raised, the arguments presented, and the final ruling given by the Authority for Advance Ruling.