Ask Jurishour AI

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
tdb_templates
saswp_reviews
saswp-collections
saswp_rvs_location
tdc-review-email
web-story-font
web-story
googlesitekit_email
tds_locker
tds_email
saswp
mailpoet_page
mailpoet_email
tdcpt_tunes
tdc-review
pronamic_payment
pronamic_gateway
pronamic_pay_subscr
wpcode
HomeGSTNON-EDIBLE OIL CLASSIFIABLE UNDER HSN 1515: UTTAR PRADESH AAR

NON-EDIBLE OIL CLASSIFIABLE UNDER HSN 1515: UTTAR PRADESH AAR

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

Author: Khushi J Prajapati

The Uttar Pradesh Authority for Advance Ruling (UP AAR) observed that while HSN code 1515 covers “Vegetable oils and fats, crude, refined, or otherwise,” this classification primarily pertains to edible oils.

The AAR examined the classification of ‘non-edible neem oil’ produced by M/S Pooja Solvent Private Ltd which the applicant claimed to be chemically modified and thus classified under chapter 31 of the Harmonised System of Nomenclature (HSN) fertilizer.

Upon thorough review, the AAR determined that the product in question despite being labeled as ‘ chemically modified’ did not undergo significant chemical changes that altered its essential character.

A chemical modification was not made just by reducing Azadirachtin levels. Consequently, the classification of the product under HSN code 15159020 was recommended by AAR which covers neem oil.

Moreover, it was also clarified by AAR that the applicant cannot get back any unutilized input tax credit according to Notification No. 09/2022-Central Tax (Rate) dated 13.07.2022 because the tax rate on inputs is more than that on outputs.

Facts

In the case of M/S Pooja Solvent Private Limited, the applicant sought an Advance Ruling to determine the appropriate classification for their non-edible neem oil. The question raised by the company, which specializes in the plantation and processing of neem oil for Agricultural purposes only, was whether, since their product is not meant for consumption it should fall under any other HSN codes or qualify for claim of input tax credit. The query very much revolved around HSN code 1515 concerning non-edible Neem Oil versus its usage-based classification.

Case Details

Case Name: In re Pooja Solvent Private Limited

Advance Ruling Number: UP ADRG 03/2024

Date of Judgment/Order: June 6, 2024

Related Assessment Year: 2024

Court: Authority for Advance Rulings (AAR), Uttar Pradesh

Download Order

Juris Hour Team
Juris Hour Team
Juris Hour is an online news portal for reporting accurate and honest news, articles, judgments, Circulars, orders and notifications related to legal developments. We use the tagline ‘Proficiency At Your Doorstep’. Our mission is to simplify and communicate various legal developments in various spheres like civil, criminal, taxation, etc. and make people aware of their rights and duties in order to empower them to contribute in nation-building.Juris Hour is a team of young professionals turned legal journalists who are guided by the values enshrined in the Preamble of the Constitution of India and want to create more legal awareness in society by acting as a tool to aid legal reforms by offering a space for constructive criticism of the judiciary.

Latest articles

No Mini-Trial at Cognizance Stage: Directors’ Claim of Cooperation Must Be Examined During Trial

The Karnataka High Court has refused to quash criminal proceedings against two individuals facing...

Missing Seized Records Must Be Considered While Testing ITC Claim; Duplicate GST Demands Ordered Corrected: Delhi HC

The Delhi High Court has held that the tax department’s inability to furnish seized...

Capital Addition Can’t Be Taxed on Assumptions in Reassessment: Allahabad HC

The Allahabad High Court has upheld the deletion of a ₹2.73 crore addition made...

GST Appeal Can’t Be Rejected Without Addressing Taxpayer’s Grounds: Allahabad HC

The Allahabad High Court has set aside an appellate order concerning cancellation of GST...

More like this

No Mini-Trial at Cognizance Stage: Directors’ Claim of Cooperation Must Be Examined During Trial

The Karnataka High Court has refused to quash criminal proceedings against two individuals facing...

Missing Seized Records Must Be Considered While Testing ITC Claim; Duplicate GST Demands Ordered Corrected: Delhi HC

The Delhi High Court has held that the tax department’s inability to furnish seized...

Capital Addition Can’t Be Taxed on Assumptions in Reassessment: Allahabad HC

The Allahabad High Court has upheld the deletion of a ₹2.73 crore addition made...