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TMI Blog2022 (3) TMI 1087X X X X Extracts X X X X X X X X Extracts X X X X ..... 8-18 - HELD THAT:- The fishing vessels are classifiable under heading 8902, and attract GST @ 5%, as per S. No. 247 of Schedule-I of the notification No. 1/2017-Central Tax (rate), dated 28-6-2017. Further, parts of goods of heading 8902, falling under any chapter also attracts GST rate of 5%, vide S. No. 252 of Schedule I of the said notification. The Marine engine for fishing vessel falling und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ST. 3. The applicant is before us for determination of tax rate on marine engines supplied to fisherman for fishing purpose. Question on which Advance Ruling sought 4. What GST rate to be charged on Marine engine falling under HSN 8402 and 8407, whether 28% or 5% (As per circular No. 52/26/201-GST dated 9-8-18). Personal Hearing 5.1 Personal hearing granted on 18-2-22 was attend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Vessel Asstt. Director of Fisheries and Certificate of Licence of a Fishing Boat, Department of Fisheries, Govt. of Gujarat obtained from the customer. Revenue s submission 7. Revenue vide letter dated 27-12-21 issued by Assistant State Tax Officer, Ghatak-82, Amreli has submitted as follows, that they have visited the business place of Global Engineering and have filled s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority for operating fishing boat. 12. The relevant excerpts of CBIC Circular 52/26/2018-GST dated 9-8-2018 is reproduced as follows: 10.1 Applicability of GST on marine engine: Reference has been received seeking clarification regarding GST rates on Marine Engine. The fishing vessels are classifiable under heading 8902, and attract GST @ 5%, as per S. No. 247 of Schedule-I of the notifica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arine engines is determinable on case to case basis. 2. In cases where the applicant has conducted due diligence with KYC norms of customer such as customer in possession of certificate of registry of fishing boat/ certificate of licence of fishing boat, in such cases marine engine supplied will be part of fishing vessel, and thereby GST rate is 5%. 3. In other cases, GST rate is 28%. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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