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2019 (4) TMI 108

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..... As per the Notification No-1/2017, Gear Box falling under TSH 8483 of Customs Tariff Act, 1975, as adopted to GST, attracts 28% IGST (14% CGST+14% SGST) as per Serial No.135 of Schedule IV is correct or not? iii. Whether the Marine Diesel Engine (TSH 8408) and Gear Box TSH 8483) of Customs Tariff Act, 1975 as adopted to GST can be treated as parts of heading of 8902, 89048905, 8906 and 8907 attracting 5% of CGST + 2.5%  SGST) as per Serial No,252 of Schedule-I of the Notification No.01/2017 Central Tax (Rate) dated 28.06.2017 or not? The authorized representative was heard. It is stated that as per Notification 1/2017 Tax (Rate) dated 28.06.2017 vide Si.No,247 of Schedule 1, HSN 8902 fishing vessels, factory ships and other vessels .....

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..... d pulleys, including pulley blocks; clutches and shaft couplings (including universal joints). The gear boxes if supplied for use in fishing vessel, ships, boats etc falling under chapter 8901, 8902, 8904, 8905, 8906, 8907 of Customs Tariff Act, 1975 then the supply will be deemed to be as parts of such vessels / goods and accordingly will attract 5% GST as per Sl No.252 of Schedule I of the Notification No. 01/2017-Central Tax (Rate) dated 28.06.2017. The parts of goods of heading 8901, 8902, 8904, 8905, 8906, 8907 falling under any chapter are taxable @5% GST as per Sl No.252 of Schedule I of Notification No. 01/2017 Central Tax (Rate) dated 28.06.2017. In view of the specific inclusion of parts of goods of headings 8901, 8902, 8904, 890 .....

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..... der heading 8901, 8902, 8904, 8905,8906, 8907 will be deemed to be parts of such goods and thereby would be taxable @5% GST as per Sl No.252 of Schedule I of the Notification No.01/2017 Central Tax (Rate) dated 28.06.2017- If it is used for some other purpose, the applicable tax rate would be 28% GST as per Sl No. 135 of the said notification. iii) Whether the Marine Diesel Engine (TSH 8408) and Gear Box (TSH 8483) of Customs Tariff Act, 1975 as adopted to GST can be treated .as parts of heading of 8902, 8904,8905, 8906 and 8907 attracting 5% of IGST(2.5% CGST + 2.5% SGST) as per Serial No.252 of Schedule-I of the Notification No.1/2017 Central Tax (Rate) dated 28.06.2017 or not? The marine diesel engine and gear boxes supplied for use .....

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