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TMI BlogTax Rate of goods after 01.10.2021X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax Rate of goods after 01.10.2021 X X X X Extracts X X X X X X X X Extracts X X X X ..... Jain: The Reply: As per the circular issued recently, if there is no element of preparation by the seller then there is no service involved. However this circular has missed to note the recent judgement of the High Court under service tax where it was held that preparation of food is not a part of a service for supply of the food. Service for supply of food begins once the food is prepared. So me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rely the existence of a place to sit with Ambience should be considered as the supply of food along with service and should be eligible for a 5% rate of tax. Though the department seems to be having a different view altogether. Reply By KASTURI SETHI: The Reply: Dear Vignesh Ji, Will you please elaborate your query ? I could not grasp what you want to ask. Do you want to differentiate between ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sale and service ?. Self-prepared means manufacturing. Are you talking of self-service ? Pl. clarify your query. Reply By Shilpi Jain: The Reply: In case of self prepared ice cream you will be the manufacturer and the 5% rate should be applicable even as clarified in the circular. But I feel the differentiating factor whether it is goods or services would depend on the post preparation services ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that are made available to the customer Reply By vignesh VSACCOUNTOPRIVATELIMITED: The Reply: Sir. My query is what will be the tax rate, 1. when i sell ice cream at restaurant ? 2. Tax Rate When ice cream is sole exclusive in ice cream parlous 3. Tax rate when sold in Restaurant as part of Buffet lunch or dinner? Reply By vignesh VSACCOUNTOPRIVATELIMITED: The Reply: sir will ur decision d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iffers if Ice Cream is self prepared by wending machine in Restaurant which has no brand? Reply By KASTURI SETHI: The Reply: Dear Vignesh Ji, W.r.t. your query at serial no.4 above Query-wise my views are as under : 1. 5 % 2. 18% When ice cream is sole exclusive in ice cream parlous. 3. 5% Reply By KASTURI SETHI: The Reply: Dear Vignesh Ji, Q. Will ur decision differs if Ice Cream is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... self prepared by wending machine in Restaurant which has no brand ? A. No. My view remains the same. Reply By Shilpi Jain: The Reply: Pls note that whatever stand is being taken will be applicable even before 1.10.21, because the department view is coming as a clarification and not as an amendment in the law. Reply By Shilpi Jain: The Reply: To me this issue looks like one which is prone to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... litigation. Again repeating the same round of litigation which took place before the 46th Constitutional amendment. Looks like the department needs to go through those SC cases, correct its understanding and make changes in the law as per their requirement or issue a revised circular in this regard!! Reply By KASTURI SETHI: The Reply: Dear Sh.Vignesh Ji, It is beyond doubt that the issue is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... litigation-free. Ice cream is classified under Chapter/Heading No.2105 of the Customs Tariff Act (Applicable to GST Acts) and it attracts GST@ 18% as supply of goods. In the event of self-preparation (manufacture) of ice cream and supply of the same independently, it will attract GST@ 18%. In the case of Restaurant Service what is principal supply ? Whether service or goods ? That will determine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the rate of tax .Hence the best and the safest option is to apply for advance ruling. X X X X Extracts X X X X X X X X Extracts X X X X
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