Page 188 - GSTL_16th July 2020_Vol. 38_Part 3
P. 188

426                           GST LAW TIMES                      [ Vol. 38
                                      Ref. No. of  Description                    Remarks
                                       the table    of goods
                                       given at
                                      point no. 10
                                          2.     Old cars      Appellant  accepts ruling  of AAR on this point  in
                                                               toto  i.e. HSN Code, Classification,  Applicable Tax
                                                               Rate, Valuation and  Applicability of  Notification
                                                               No. 8/2018-C.T. (R), dated 25-1-2018
                                          3.     Old Jewellery  Appellant  accepts ruling  of AAR on this point  in
                                                               toto  i.e. HSN Code, Classification,  Applicable Tax
                                                               Rate,  and  applicability of Rule 32(5) of the CGST
                                                               Rules.
                                          5.     Old Watches   Appellant  accepts ruling  of AAR on this point  in
                                                               toto  i.e. HSN Code, Classification,  Applicable Tax
                                                               Rate,  and  applicability of Rule 32(5) of the CGST
                                                               Rules.

                                            13.  Appellant further partially accepts the verdict of Hon’ble AAR on
                                     following goods :

                                      Ref. No. of  Description                    Remarks
                                       the table    of goods
                                       given at
                                      point no. 10
                                          1.     Paintings     Appellant accepts ruling of AAR on this point as to
                                                 bought from  HSN Code,  Classification, Applicable Tax Rate.
                                                 individual art  However, Appellant respectfully disagrees with
                                                 collectors    AAR  ruling that  Rule 32(5) is  not applicable and
                                                               Appellant is obliged to pay tax at 12% of sale value
                                                               of such paintings.
                                                               Appellant wish to contest that Rule 32(5) of CGST
                                                               Rules, 2017 is applicable to sale of such paintings
                                                               and Appellant is  liable to discharge tax on differ-
                                                               ence between the sales price and purchase price.
                                        4 and 6   Antique      Appellant accepts ruling of AAR on this point as to
                                                 Watches and  HSN Code,  Classification, Applicable Tax Rate.
                                                 Antique       However, Appellant respectfully disagrees with
                                                 Jewellery     AAR  ruling that  Rule 32(5) is  not applicable and
                                                 purchase      Appellant is obliged to pay tax at 12% of sale value
                                                 from          of such goods.
                                                 individual    Appellant wish to contest that Rule 32(5) of CGST
                                                 collectors and   Rules, 2017 is applicable to sale of such goods and
                                                 users         Appellant is  liable to discharge tax on difference
                                                               between the sales price and purchase price.

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