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TMI Blog2024 (1) TMI 564X X X X Extracts X X X X X X X X Extracts X X X X ..... CGST 6% + SGST 6%. For HSN Code 84145930 - CGST 9% + SGST 9% - SRI S.V. KASI VISWESWARA RAO, AND SRI SAHIL INAMDAR, MEMBER [ORDER UNDER SECTION 98(4) OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 AND UNDER SECTION 98(4) OF THE TEALANGANA GOODS AND SERVICES TAX ACT, 2017.] ****** 1. M/s. Ventair Engineers, 1st Floor, 15-19-1/45/A/1, Plot No.45, Teachers Co-Operative Housing Society, Balaji Nagar, Khammam, Telangana-507002 (36ATWPR2686Q1Z9) has filed an application in FORM GST ARA-01 under Section 97(1) of TGST Act, 2017 read with Rule 104 of CGST/TGST Rules. 2. At the outset, it is made clear that the provisions of both the CGST Act and the TGST Act are the same except for certain provisions. Therefore, unless a men ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not according to the tax rate applicable on such new equipment s sales according to HSN code resulting in conflict and losing business. 4.3 According to the applicant the Naval Dock Yard, Visakhapatnam raised objection on applicability of tax rate on Equipment (HSN Code: 84151090) Rent/Leasing with Operator as 18% and not according to the GST tax rate of 28% applicable on sale of new equipment according to the HSN Code: 84151090. Navel Dock Yard has released a conditional order as they are not accepting to the GST tax rate applicable according to HSN code, stating as GST tax shall be paid only after obtaining the clarifications from the competent authority in writing on applicability of GST Tax rate on Industrial Equipment HSN Code: 8415 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s are given under section 7 of notification no.11/2017, as amended upto 18-07-2022. The entry at serial No. 17 enumerates heading 9973 the service description for leasing or renting of goods is enumerated at (vii a) (viii) as follows: (viia) Leasing or renting of goods Same rate of central tax as applicable on supply of like goods involving transfer of title in goods. (viii) Leasing or rental services, without operator, other than (i), (ii), (iii), (iv), (vi) and (viia) above. 9 As seen from the above the sub entry (viii) which enumerates Leasing or renting of Goods without operator attracts a rate of tax of 9% CGST 9% SGST, therefore in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing a fan, whether or not fitted with filters; Gastight biological safety cabinets, whether or not fitted with filters [other than bicycle pumps, other hand pumps and parts of air or vacuum pumps and compressors of bicycle pumps. The applicant supplies Industrial Equipment which falls under HSN Code 84145930. That the electric motor of these fans have an output exceeding 125 W. These fans are Industrial fans and attracting HSN 84145930. These industrial fans are liable to CGST at 9% vide Sr no. 317B to Schedule III of Notification 1/2017-CT(R) dated 28-6-17. (iii) The Heading 8479 reads as below: 8479 Machines and mechanical appliances having individual functions, not specified or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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