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TMI Blog2019 (4) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... ax rate applicable to parts like Marine Engine and Gear Box falling under HSN 8408 and 8483 respectively has no applicability, if the end use of the goods are in the vessels / goods falling under the heading 8901, 8902, 8904, 8905, 8906, 8907 of the Customs Tariff as parts of such goods. The marine diesel engine and gear boxes supplied for use in vessels / goods falling under heading 8901, 8902, 8904, 8905, 8906, 8907 will be deemed to be parts of such goods and thereby taxable @5% GST per Serial No.252 of Schedule-I of the Notification No.1/2017 Central Tax (Rate) dated 28.06.2017. If it is used for some other purpose, the applicable tax rate would be as per their respective TSH 8408 and 8483 at the rate of 28% GST as per Sl Nos 115 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te of GST is 5%. As such Marine Diesel Engine, Gear Box and parts mainly used for fishing and allied activities are also taxable 5% GST. As per the Circular No.52/26/2018-GST dated 9 th August, 2018, it was clarified that fishing vessels are classifiable under heading 8902, and attract GST @ 5% as per Sl.No.247 of Schedule I of the Notification 1/2017 -Central Tax (Rate) dated 28.06.2017. Further, parts of goods of heading 8902, falling under any chapter also attracts GST @5%, vide Sl.No. 252 of Schedule I of the said notification. The Marine Engine for fishing vessel falling under Tariff item 8408 10 93 of the Customs Tariff Act, 1975 would attract a GST rate of 5% by virtue of Sl.No.252 of Schedule I of the Notification No.01/2017-Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lling under HSN 8408 and 8483 respectively has no applicability, if the end use of the goods are in the vessels / goods falling under the heading 8901, 8902, 8904, 8905, 8906, 8907 of the Customs Tariff as parts of such goods. In view of the observations stated above, the following rulings are issued: i) As per the Notification No. 01/2017 Central Tax (Rate) dated 28.06.2017 Marine Diesel Engine falling under TSH 8408 of Customs Tariff Act, 1975, as adopted to GST, attracts 28% IGST SGST) as per Serial No.115 of Schedule IV is correct or not? The Diesel Engines supplied for use in goods falling under heading 8901, 8902, 8904, 8905, 8906, 8907 will be deemed to be parts of vessels / goods falling under the above headings and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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