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2018 (11) TMI 958 - AAR - GSTExemption from GST - Classification of goods - Frozen Meat of Sheep and Goats - Classified under Tariff Item No. 0204 or not - exemption under N/N. 02/2017- Central Tax (Rate) dated 28/06/2017 - Supply of meat in gunny bag - whether unit container or not? Held that - For the details indicated also for fact that they are also supplying meat as per Tender of the Indian Army under similar terms and conditions, we find that these facts are similar to the facts recorded by us in the Advance Ruling already given in case of M/s. Monrovia Leasing and Finance Pvt Ltd 2018 (10) TMI 1244 - AUTHORITY FOR ADVANCE RULING, MAHARASHTRA , where it was held that The impugned product would be covered by notification 2/2017 - Integrated Tax (Rate) dated 28th June, 2017 as amended by serial no.9 of the Notification no.44/2017 - Integrated Tax (Rate) dated 14th November 2017 and would be exempt from whole of GST. The frozen meat of sheep / goat in HDPE gunny bag which do not indicate any information related to weight / number of carcass packed in such bags would tantamount to being as a product not put up in unit container and thus falls under chapter tariff heading 0204 and is further covered by serial no. 9 of Notification No-2/2017 Integrated Tax (Rate) dated 28/06/2017 as amended. Ruling - The product Frozen Meat of Sheep and Goats fall under chapter tariff heading 0204 and exemption given to this tariff item vide Notification No. 02/2017-Central Tax (Rate) dated 28/06/2017 is available. The meat supplied in gunny bag would not be treated as unit container.
Issues Involved:
1. Classification of goods under chapter tariff heading 0204. 2. Determination of whether the HDPE gunny bag used for packaging is a "unit container." Issue-wise Detailed Analysis: 1. Classification of Goods under Chapter Tariff Heading 0204: The applicant, M. U.N. Agro Industries Pvt. Ltd., supplies frozen meat of sheep and goats. They sought an advance ruling on whether their product falls under chapter tariff heading 0204 and if the exemption given to this tariff item vide Notification No. 02/2017-Central Tax (Rate) dated 28/06/2017 is applicable to them. The applicant argued that their frozen meat, supplied in HDPE gunny bags without any specific weight or fixed quantity, should be classified under heading 0204 and should be exempt from GST as per the said notification. The Authority observed that the product in question is indeed frozen meat of sheep and goats. The exemption under Notification No. 02/2017-Central Tax (Rate) applies to meat of sheep or goats, fresh, chilled, or frozen, provided it is not put up in a unit container. Since the applicant's product does not meet the criteria of being put up in a unit container (as discussed in the second issue), it falls under chapter tariff heading 0204 and is eligible for the exemption. 2. Determination of Whether the HDPE Gunny Bag is a "Unit Container": The applicant contended that their frozen meat is supplied in HDPE gunny bags, which do not have any specific weight or predetermined quantity mentioned on them. They argued that such bags are not "unit containers" as defined in the relevant notifications. The concerned officer submitted that the impugned packing satisfies the definition of a "unit container" as per Notification No. 02/2017-Central Tax (Rate), which defines a unit container as a package designed to hold a predetermined quantity or number, indicated on such a package. Despite the applicant's contention, the officer argued that the weight of the carcass is predetermined according to their contract with the Indian Army, and thus, it qualifies as a unit container. The Authority examined the facts and submissions and referred to a similar case (M/s. Monrovia Leasing and Finance Pvt. Ltd.), where it was held that packages without specific weight or number mentioned do not qualify as unit containers. The Authority noted that the applicant's HDPE gunny bags do not indicate any weight or number and are not exclusively used for packing meat. Therefore, they do not meet the definition of a "unit container." Conclusion: The Authority ruled that the applicant's product, frozen meat of sheep and goats, falls under chapter tariff heading 0204 and is eligible for the exemption under Notification No. 02/2017-Central Tax (Rate) dated 28/06/2017. Additionally, the HDPE gunny bags used for packaging are not considered unit containers, as they do not indicate any predetermined quantity or number. Order: 1. The product falls under chapter tariff heading 0204, and the exemption given to this tariff item vide Notification No. 02/2017-Central Tax (Rate) dated 28/06/2017 is available. 2. The HDPE gunny bag used for packaging is not treated as a unit container.
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