2021 (8) TMI 784 - AAR - GST

Classification of goods - product manufactured as Lassi but named as laban - be classified as Lassi under Description of Goods or otherwise? - taxable goods or exempt goods - HSN Code - rate of tax - HELD THAT - Lassi is a fermented milk drink and its main ingredients are curd, water and spices. We have noted the manufacturing Process submitted by the applicant. On reading the contents of the subject goods displayed on the bottle of laban , we find following ingredients printed on the bottle Pasteurized toned milk, spices, pudina, green chilli, ginger, salts, active culture, added nature identical flavour and stabilizer (INS440). Further, on the bottle of laban , it is noted that Dairy based fermented Drink is printed. Inferring from the manufacturing process submitted and the contents of the subject goods printed on its bottle, it is held that subject goods are Lassi. The goods Lassi is described at Sr. No.26 of Notification No.2/2017-Central Tax (Rate) dated 28-6-17 and is exempt from GST..

Summary

Issues Involved:
Classification of product as Lassi under Description of Goods; Taxability of goods - exempted or taxable; HSN of the Product and rate of tax on the product if exempted or taxable.

Classification of Product as Lassi under Description of Goods:
The applicant sought an advance ruling on whether a product named 'Laban' but manufactured as 'Lassi' could be classified as Lassi under the Description of Goods. The Authority examined the manufacturing process and ingredients of the product. They noted that 'Lassi' is a fermented milk drink with specific ingredients. After reviewing the manufacturing process and ingredients of the product named 'Laban,' the Authority concluded that the subject goods were indeed Lassi based on the contents displayed on the bottle.

Taxability of Goods - Exempted or Taxable:
The second issue raised was whether the goods were taxable or exempted from GST. The Authority referred to the relevant HSN code 0403 which covers buttermilk, curdled milk, yogurt, and other fermented or acidified milk products. After analyzing the manufacturing process and the contents of the product, the Authority determined that the goods fell under the category of Lassi as per Notification No. 2/2017-Central Tax (Rate) dated 28-6-17. Consequently, the Authority ruled that the goods were exempt from GST.

HSN of the Product and Rate of Tax:
The applicant also sought clarification on the HSN of the product and the rate of tax applicable if the goods were taxable. The Authority, after establishing that the product was classified as Lassi, identified the HSN code as 040390 and confirmed that the product was exempt from GST. Therefore, the ruling provided clarity on the classification of the product, its taxability status, HSN code, and rate of tax, ultimately exempting the product from GST.

In conclusion, the Advance Ruling Authority classified the product as Lassi under the HSN code 040390 and deemed it exempt from GST based on the manufacturing process, ingredients, and relevant notifications. The ruling provided a comprehensive analysis of the issues raised by the applicant, ensuring clarity on the classification and taxability of the product named 'Laban' but manufactured as 'Lassi.'