2022 (10) TMI 777 - AAR - GST

Maintainability of Advance Ruling application - non-deposit of full amount of fee for filing advance ruling application - Exemption for GST - Cotton Seeds Banaula - Goods transported by Goods Transport Agencies (GTA) - exemption in terms of N/N. 12/2017, dated 28th June, 2017 - HELD THAT - The requisite fee for filling Advance Ruling application is Rs. 10,000/- (Rs. 5,000 each for CGST and SGST), but the applicant has deposited only Rs. 5,000/- under IGST Act. Despite giving multiple opportunities, the applicant has not deposited the required pending fee of Rs. 10,000/- under (Rs.5,000 each for CGST and SGST). Thus, the application is hereby filed without any ruling.

Summary

Issues:
1. Eligibility of the application for advance ruling.
2. Applicability of Notification No.12/2017 dated 28th June, 2017 to exempt tax on GTA services for agriculture produce.
3. Interpretation of the definition of "agricultural produce" under GST law.
4. Requirement of depositing the requisite fee for the advance ruling application.

Eligibility of the Application for Advance Ruling:
The application sought clarification on whether GST is chargeable on GTA services for Cotton Seeds under the reverse charge mechanism, falling under the definition of "agricultural produce." The application was deemed eligible for a ruling by the Punjab State Advance Ruling Authority as it pertained to issues specified under Section 97(2) of the CGST Act, 2017.

Applicability of Notification No.12/2017:
The applicant contended that GTA services for agricultural produce, including Cotton Seeds, are exempt under Notification No.12/2017 dated 28th June, 2017. The submission highlighted the definition of "agricultural produce" and cited relevant judgments to support their claim. However, the jurisdictional authority disagreed, stating that the processing involved in obtaining Cotton Seeds from the cotton plant disqualifies it from being classified as "agricultural produce" under the said notification.

Interpretation of the Definition of "Agricultural Produce":
The jurisdictional authority emphasized a restrictive interpretation of the term "agricultural produce" under the GST law, asserting that products like Cotton Seeds, derived through industrial processing like ginning, do not qualify for the exemption provided in Notification No.12/2017. The authority argued that the processing involved alters the essential characteristics of the product, making it ineligible for the exemption.

Requirement of Depositing Requisite Fee:
Despite multiple notices to deposit the pending fee of Rs. 10,000 for the advance ruling application, the applicant only paid Rs. 5,000 under IGST Act. As the full fee was not deposited, the application was dismissed without a ruling. The judgment clarified that references to provisions of the CGST Act, 2017 would also apply to the PGST Act, 2017 unless specified otherwise.

This detailed analysis of the judgment provides insights into the issues surrounding the eligibility for advance ruling, the application of relevant notifications, the interpretation of legal definitions, and the procedural requirements for such applications.