Authority for Advance Ruling (Karnataka): In an application sought for advance ruling filed by the applicant engaged in trading fresh and semi processed meat products like chicken, mutton, fish, pork and all type of packed cold cuts spices and masala powder etc., the two-member bench of M.P Ravi and Kiran Reddy T. held that input tax credit must be availed in terms of Section 16, 17 of Central Goods and Services Tax Act, 2017 (‘CGST’) read with Rule 42 of CGST Rules, 2017.
The applicant has sought advance ruling in respect of the following questions:
1) What percentage of the Goods and services Tax(‘GST’) should be claimed for nature of business as mentioned above for the following services received from service providers.
• GST paid for shop on commercial rent to landlord
• GST paid on commission to Dunzo and Swiggy for ecommerce online service.
• GST paid on service charges charged by Paytm
• GST paid on service charges charged by banks.
2) What percentage of GST should be claimed for packing material, printed material, capital goods like cutting machine, weighing scale, refrigerators, computers and hardware and software goods.
The Authority noted that the applicant is into supply of fresh and semi processed meat products like chicken, mutton, fish, pork and all types of packed cold cut, spices etc., and is apparently into trading of both taxable and exempted goods.
The Authority said that the applicant is involved in the supply of both taxable and exempted supplies, the applicant must avail the input tax credit proportionately in terms of Section 16, 17 of Central Goods and Services Tax Act, 2017 (‘CGST’) read with Rule 42 of CGST Rules, 2017; wherein the procedure to be followed is clearly mentioned.
3) What will be the GST consequences if goods are purchased from unregistered and composition dealers.
The Authority said that this issue is not covered under the issues referred to in Section 97(2) of CGST Act, 2017, in respect of which the applicant can seek advance ruling, hence the Authority refrained from giving any ruling.
[Meat Mart Unit of the New Bangalore, In re, 2023 SCC OnLine Kar AAR-GST 1, decided on 23-01-2023]
*Apoorva Goel, Editorial Assistant has reported this brief.
