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‘Rakhi’ classifiable as per its constituent materials; GST exemption is not applicable: AAR

July 6, 2018[2018] 95 taxmann.com 69 (AAR-WEST BENGAL)
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CGST : 'Rakhi' is an independently identifiable product which may be made up of innumerable materials of no fixed or predetermined ratio, and yet retain its specific identity as a symbol of a bond involving potential care of sister by the brother, and not merely an assemblage of discrete materials. 'Rakhi' cannot be termed as a 'handicraft' item under GST under Notification No. 32/2017-Central Tax dated 15-9-2017, (later amended as Notification No. 38/2017-Central Tax dated 13-10-2017

• Rakhi's, the applicant intends to manufacture will not be restricted to mere yellow and red yarn of 'Kalava'. Thus, Rakhi's, the applicant intends to make cannot attract NIL rate of duty under Serial No. 92(2) of the TRU Clarification.

• The applicant has to classify 'Rakhi' as per its constituent materials in accordance with rule 3(c) of Rules for Interpretation of the Customs Tariff Act, 1975, as laid down in Explanatory Notes (iv) of Notification No. 1/2017-CT(Rate) dated 28-6-2017 (Note (v) of 1125 - FT dated 28-6-2017 of State Tax). Rakhi will attract GST in accordance to its classification as stated above.

• Exemption under Notification No. 2/2017-Central Tax (Rate) dated 28-6-2017 (1126-FT dated 28-6-2017 of State Tax) is not applicable for 'Rakhi'.

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