Page 183 - GSTL_18th June 2020_Vol 37_Part 3
P. 183

2020 ]                        IN RE : SAI MOTORS                     397
                       4808 10 00  Corrugated paper and paperboard, whether or not perforated
                       4808 40   Kraft paper, creped or crinkled, whether or not embossed or
                                perforated
                       4808 40 10  Sack kraft paper, creped or  crinkled, whether or not or  per-
                                forated
                       4808 40 90  Other kraft paper, creped or crinkled, whether or not embossed
                                or perforated
                       4808 90 00  Other

                       14.  Therefore, on verification  of  the structure and purpose for which
               kraft paper honeycomb board or paper honeycomb board used are similar to the
               corrugated paperboard (listed under 4808 10 00), only difference is that this pa-
               per honeycomb board consists of honeycomb like structure core material at the
               centre and on either side of this one or more layer of kraft paper is glued by us-
               ing  adhesive with fluting direction being perpendicular to corrugated boards.
               Hence this honeycomb paperboard classified under the Heading 4808 90 00 as
               other instead 4808 10 00.
                       15.  In view of the foregoing, we rule as follows
                                               RULING
                       16.  The kraft paper honeycomb board or paper honeycomb board is
               classified under the Heading 4808 90 00.

                                                _______

                        2020 (37) G.S.T.L. 397 (A.A.R. - GST - Kar.)
                   BEFORE THE AUTHORITY FOR ADVANCE RULING UNDER GST,
                                            KARNATAKA
                Dr. M.P. Ravi Prasad, Member (State Tax) and Shri Mashhood ur Rehman
                                    Farooqui, Member (Central Tax)
                                       IN RE : SAI MOTORS
                          Advance Ruling No. KAR ADRG 32/2020, dated 20-5-2020
                       Vehicles - Retrofitted  vehicles  - Two-wheelers covered  under HSN
               Code 8711 20 19 and retro fitment equipment covered under HSN Code 8713 10
               90 purchased by assessee to produce two-wheelers compatible for use by dif-
               ferently abled persons - Two-wheeler neither specially designed or construct-
               ed nor  altered  to change its basic structure  after retrofitment - Explanatory
               Notes to Harmonized Commodity Description and Coding System specifically
               providing that HSN Code 8713 excludes normal vehicles simply adapted for
               use by disabled persons or bicycle fitted with special attachment and pedalled
               with  one  foot and trolley-stretchers -  Therefore, product  classifiable   under
               HSN Code 8711 20 19 and not under Heading 8713 as “Carriage for disable per-
               son” attracting GST @ 28%. [paras 7.4, 7.5, 7.6, 9]
                       Input Tax Credit - Retrofitted vehicles - Two-wheelers covered under
               HSN Code 8711 20 19 and retro fitment equipment covered under HSN Code
               8713 10 90 purchased by assessee to produce two wheelers compatible for use
               by differently abled persons - Assessee purchasing two wheelers for “further
                                     GST LAW TIMES      18th June 2020      183
   178   179   180   181   182   183   184   185   186   187   188