Page 121 - GSTL_16th July 2020_Vol. 38_Part 3
P. 121

2020 ]                 IN RE : MOHIT RAMESHPAL GUPTA                 359
                        2020 (38) G.S.T.L. 359 (A.A.R. - GST - Guj.)

                   BEFORE THE AUTHORITY FOR ADVANCE RULING UNDER GST,
                                              GUJARAT
                          S/Shri Mohit Agrawal and Sanjay Saxena, Members
                              IN RE : MOHIT RAMESHPAL GUPTA

                         Advance Ruling No. GUJ/GAAR/R/2020/17, dated 19-5-2020
                        in Application No. Advance Ruling/SGST & CGST/2018/AR/45
                       Fuel conversion electronic parts for  Automobile  -  Classification  and
               rate of tax - Change over switch, Emulator, Timing Advance Processor, Pres-
               sure Gauge used for converting vehicle from petrol to gas (CNG/LPG) and vice
               versa - Classifiable under HSN Code 8708 99 00 as parts and accessories of the
               motor vehicles of Headings 8701 to 8705 of Customs Tariff Act, 1975 - Products
               covered under Serial No. 170 of Schedule-IV  to Notification No.  1/2017-C.T.
               (Rate) with applicable GST at 28% (14% SGST + 14% CGST). [paras 4, 5]
                                                          Ruling in favour of department
                       REPRESENTED BY :     Shri Vatsal Sharma, CA, for the Assessee.
                       [Order]. - Brief Facts : The applicant vide their application for Advance
               Ruling has submitted that they are engaged in the business of  manufacturing
               different types of model fuel conversion electronic parts mainly used for convert-
               ing vehicle from petrol to gas (CNG/LPG) and vice versa. They have submitted
               the details of the parts manufactured by them along with their use as under :
                       (1)  Change over switch : Change over switch is mounted on the dash-
                           board and is used to change the fuel from petrol to CNG/LPG and
                           vice versa. This switch also has the facility to start the vehicle.
                       (2)  Emulator : The emulator stops or cuts off the flow of petrol, when
                           vehicle is running on gas. Emulator is preventing the check engine
                           light.
                       (3)  Timing  Advance Processor : Timing Advance Processors  are elec-
                           tronic control units for compromising the differences of petrol and
                           CNG or LPG combustion to improve the stability of engine when it
                           is running on CNG or LPG. It increases the output work during ac-
                           celeration and reduces.
                       (4)  Pressure Guage : It indicates the pressure of gas (CNG/LPG) in the
                           tank and also helps change over switch by indicating gas level.
               The applicant has further submitted that this item-pressure guage comes under
               HSN code : 9026 (Tax rate - 18%) (Instruments and apparatus for measuring or
               checking the flow, level, pressure or other variables of liquids or gases), but the
               said item is installed in the CNG car and hence it is an automobile product. Also
               50% of the product is based on mechanical workmanship and 50% is based on
               electronics workmanship.  The materials  required for manufacturing of  above
               products consists of PCB, cable, heatsshrinakable sleev, socket, resistors, diode,
               IC, connector, preset, SMD, LED, transformer, buck strip, capacitor, transistor,
               dip switch, SMD switch, plastic box etc. The applicant wants to know the HSN
               code of these products with tax rate.
                       2.  The applicant have asked the following question on which Advance
               Ruling is required :
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