Page 111 - GSTL_13th August 2020_Vol 39_Part 2
P. 111

2020 ]              IN RE : KALAGARLA SURYANARAYANA SON              197
                       Answer :  As per the information given by the applicant, he is rendering
                                rental services and his tax liability under GST law is as de-
                                tailed in the para 6.7 above.
                       Query :   Does the applicant require to file reconciliation statement in
                                FORM GSTR-9C?
                       Answer :  As per Section 97(2) this question doesn’t fall under the scope
                                of advance ruling as detailed in the para 6.6 above.

                                                _______

                        2020 (39) G.S.T.L. 197 (A.A.R. - GST - A.P.)
                   BEFORE THE AUTHORITY FOR ADVANCE RULING UNDER GST,
                                         ANDHRA PRADESH
                        S/Shri D. Ramesh, Member (State Tax) and M. Sreekanth,
                                         Member (Central Tax)
                        IN RE : KALAGARLA SURYANARAYANA SON

                                AAR No. 30/AP/GST/2019, dated 10-12-2019
                       Tamarind Seed - Tamarind seed/kernel as traded by applicant sold to
               millers  and  meant for commercial/industrial purpose -  No certificate or  any
               other document submitted certifying tamarind kernel/seed meant for sowing
               purpose - Tamarind seeds classifiable under HSN Code 1207 as other oil seeds
               and oleaginous fruits (i.e., Palm nuts and kernels, cotton seeds, etc.) whether or
               not broken, other than of seed quality - Taxable at 5% GST (2.5% CGST + 2.5%
               SGST). [para 7]
                                                          Ruling in favour of department
                                             CASE CITED
               Collector v. Wood Craft Products Ltd. — 1995 (77) E.L.T. 23 (S.C.) — Referred .............................. [Para 6]
                       REPRESENTED BY :     Shri K.S.N. Gupta, for the Assessee.
                       [Order]. - The present application has been filed u/s. 97 of the Central
               Goods & Services Tax Act, 2017 and AP Goods & Services Tax Act, 2017 (herein-
               after referred to CGST Act and APGST Act respectively) by M/s. Kalagarla Sur-
               yanarayana Son (hereinafter referred to as applicant), registered under the Goods
               & Services Tax.
                       2.  The provisions of the CGST Act and APGST Act are identical, except
               for certain provisions. Therefore, unless a specific mention of the dissimilar pro-
               vision is made, a reference to the CGST Act would also mean a reference to the
               same provision under the APGST Act. Further, henceforth, for the purposes of
               this Advance Ruling, a reference to such a similar provision under the CGST or
               APGST Act would be mentioned as being under the GST Act.
                       3.  Brief facts of the case :
                       M/s. Kalagarla  Suryanarayana  Son, E-Block  39, PW Market,  Viziana-
               garam-535001  (hereinafter referred to  as the Applicant)  are wholesale dealers
               dealing in Tamarind, Tamarind seed, oil seeds, pulses and cereals.

                                    GST LAW TIMES      13th August 2020      111
   106   107   108   109   110   111   112   113   114   115   116