Page 131 - GSTL_20th August 2020_Vol 39_Part 3
P. 131

2020 ]                        IN RE : SREE & CO.                     345

                        2020 (39) G.S.T.L. 345 (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 : SREE & CO.

                                AAR No. 32/AP/GST/2019, dated 9-12-2019
                       Print on flex - Supply of - Raw materials completely procured by the
               applicant himself - Title in the goods, i.e., printed material on flex transferred
               to the customer immaterial of the fact that whether the content is supplied by
               the customer or it is designed by the applicant himself basing on the require-
               ment of the customer - Supplying printed materials to be treated as “supply of
               goods” as per Section 7 of Central Goods and Services Tax Act, 2017 read with
               Schedule-II Sl.  No. 1(a) ibid.  - Classifiable under Heading  4911 of  Customs
               Tariff Act, 1975 and liable to GST @ 12% as per Serial No. 132 of Schedule-II to
               Notification No. 1/2017-C.T. (Rate) as amended whether used for commercial
               or non-commercial purpose. [para 7]
                                                             Ruling in favour of assessee
                                             CASE CITED
               Macro Media Digital Imaging Private Limited
                     — 2018 (14) G.S.T.L. 97 (A.A.R. - GST) — Relied on .................................................................. [Para 5]
                              DEPARTMENTAL CLARIFICATIONS CITED
               C.B.E. & C. Instruction F. No. 332/2/2017-TRU, dated December, 2017 .................................... [Paras 6, 7]
               C.B.E. & C. Circular No. 11/11/2017-GST, dated 20-10-2017 ............................................................. [Para 7]
                       REPRESENTED BY :     Shri Ashish Kumar Agrawal, 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. Sree & Co.
               (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. Sree & Co., D. No. 22-1-10 & 13 A.G. Complex, Ground Floor, P.B.
               Road, Vizianagaram-535002, (hereinafter referred to as the Applicant) is in busi-
               ness of flex banner printing. The applicant gets image done on computer soft-
               ware from customers for different sizes and print the same on flex (HSN 3921) as
               flex banners and deliver the same to its customers. At times, the applicant is re-
               quired to provide design and charge the customer for consolidate value of design
               and print; and bill them for composite supply value. These flex banners are used
               for both commercial and non-commercial purposes such as birthday, marriage
               and political purpose.
                       The applicant submits the following facts :
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