C R Enterprises., In re

1.M/s C.R Enterprises, D.No.9/19/B, Ground Floor, Park Street, Sullurpet - 524121 (hereinafter also referred as an applicant), having GSTIN:37CSLPK9198N1Z1 are engaged in supply of goods like scientific and technical instruments.

2. The applicant has filed an application in Form GST ARA-01, dated 02.04.2018, for seeking advance ruling on 'Adoptability of a notification to their supplies'. The question is as follows;

"Whether the supplies, made to SRI HARI KOTA HIGH ALTITUTDE RANGE (SHAR.) I SARISH DHAWAN SPACE CENTRE located at Sri Hari Kata, Andhra Pradesh, are eligible for concessional rate of tax as per notifications 45/2017 (Central Tax Rate), dated 14th November, 2017 and 47/2017 (Integrated TAX-Rate), dated 14th November 2017."

3. In the light above, the application was forwarded to both the jurisdictional officers (State tax & Central tax) to offer their remarks as par the Sec 98(1) of CGST/APGST Act, 2017, and requested for the Information, whether there is any proceedings pending before any of the forums or the authorities. This authority received reply through an e- Mail, dated 03,04.2018, that there is no pending proceeding before any forum.

4.1Based on the remarks received from the jurisdictional officers', a personal hearing, was fixed on 04,04,2018, Shri. A.V.S Krishna Mohan Advocate and authorized representative of the applicant attended the personal hearing wherein he submitted Xerox copies Of work order and ICSI Exemption Certificates received from SHAR authorities, and submitted a separate list of goods, for which an indent is made by the SHAR.

4.2The applicant has approached this authority to know the applicability of Notification No, 46/2017 -Central tax (Rate), Dt : 14.11.2017, vide S.No. 3. to the goods Intended to supply as per the purchase/work order to M/s SDSC (SHAR). They have furnished the list of goods Intended to supply which is as under:

Out door MV Panel, Electrical accessories, Copper wires, Weather Proof Enclosures, Copper Ballast, Armored power Cable, GRP Junction Boxes, LED Filings 8.1 amps, 10Kva Isolation Transformer, HRC Fuses, Thrusters, Fans, Transformers, DC Set, Lightning Protection, HT&LT Breakers, Point Wiring, Lighting Fixtures. Fans, Flame Proof Fixtures, Panels and distribution boards, Transformers and AVRs, Earthing and Lighting Protection, Meters and Measuring Instruments, Installation Charges, AC induction motors and starters, 11KV overhead lines and accessories, , Smoke Detection Systems, Maintenance Works, and Trunking system for power distribution.

5. We have gone through the application filed by the applicant. As seen from the copy of the certificates Issued by the Satish Dhawan Space Center ( SHAR ), it is understood that the said Institution falls under ' Public funded research institution'. As per the certificate it Is also montioned that the said institution is under the administrative control of Department of Space, Government of India It would be pertinent to discuss the conditions laid down In the subject notification for better clarity. The relevant extract is reproduced hereunder

The subject Notification gives concessional rate of duty to specific goods as mentioned at Column 3 of above table when supplied to institutions mentioned at Column 2 of the above table, subject to the condition as mentioned al column 4. We concur that SDSC (SHAR) is covered under column 2 of Notification. However the goods intended to be supplied by the applicant, as discussed in para 4.2 supra, does not appear to me mentioned/covered under column 3 in either of the four

After careful examination of the said issue, the ruling is given as under

RULING

The goods intended to be supplied by the applicant to M/s SDSC are not covered under Notification 45/2017-Central Tax (Rate), dated 14.11.2017 and accordingly, the concessional rate is not applicable.