- CA. Ali Asgar
·
3/2/2024
Andhra Pradesh Authority of Advance Ruling (AAR) has recently made a significant ruling regarding the GST applicability on the export of pre-packaged and labelled rice bags weighing up to 25 kilograms. This ruling, delivered by the bench consisting of K. Ravi Sankar and B. Lakshmi Narayana, sheds light on the taxation aspect of such transactions and provides clarity to businesses involved in rice manufacturing and export.
The ruling came in response to an application filed by M/s. Sarala Foods Private Limited, a company engaged in the manufacturing and supply of rice. Seeking clarity on the GST applicability on three distinct types of supply transactions – export to foreign buyers, supply to exporters for re-export, and direct supply to exporters' factories – the company approached the AAR under Section 97 of the CGST and APGST Acts.
The bench, in its observation, highlighted the nature of pre-packaged and labelled rice exports, emphasizing that GST is applicable irrespective of whether the rice is intended for domestic sale or exportation. It noted that the ultimate buyer is often unknown, and the commodity is pre-packed for export purposes, making it subject to GST.
Regarding the specific scenarios presented to the AAR, the ruling affirmed that GST would indeed be applicable:
This ruling holds significant implications for businesses operating in the rice manufacturing and export sector. It provides much-needed clarity on the taxability of such transactions under the GST regime, ensuring that businesses can navigate the regulatory landscape with confidence and compliance.
In conclusion, the ruling by the Andhra Pradesh Authority of Advance Ruling underscores the importance of understanding the GST implications on the export of pre-packaged rice. Businesses must stay informed about such regulatory developments to ensure compliance and mitigate any potential risks associated with taxation.
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