Lassi is Exempted under GST


Quick Summary
The Gujarat Authority of Advance Ruling (GAAR) has ruled that 'Laban', a dairy-based fermented drink, is to be classified as 'Lassi' for GST purposes. Despite the applicant's branding, the GAAR found sufficient similarity in ingredients and nature to Lassi. Consequently, 'Laban' is exempt from Goods and Services Tax (GST) under the relevant exemption notification.

Court :
Gujarat Authority of Advance Ruling

Brief :
In M/s. Sampoorna Dairy and Agrotech LLP. [Advance Ruling No. GUJ/GAAR/R/30/2021 dated July 19, 2021], M/s. Sampoorna Dairy and Agrotech LLP. ('the Applicant') has sought an Advance Ruling on whether the product 'Lassi' but named as 'Laban' is to be classified as Lassi itself and whether the same is exempted under the Central Goods and Services Act, 2017 ('CGST Act').

Citation :
Advance Ruling No. GUJ/GAAR/R/30/2021 dated July 19, 2021

In M/s. Sampoorna Dairy and Agrotech LLP. [Advance Ruling No. GUJ/GAAR/R/30/2021 dated July 19, 2021], M/s. Sampoorna Dairy and Agrotech LLP. ('the Applicant') has sought an Advance Ruling on whether the product 'Lassi' but named as 'Laban' is to be classified as Lassi itself and whether the same is exempted under the Central Goods and Services Act, 2017 ('CGST Act').

The Hon’ble Gujarat Authority of Advance Ruling ('GAAR') held that 'Lassi' being a fermented drink is made up of curd, water and spices. Although, the ingredients mentioned on the bottle of 'Laban' consists of Pasteurized toned milk, spices, pudina, green chilli, ginger, salts, active culture, added nature identical flavour and stabilizer mentioning the beverage to be 'Dairy-based fermented drink'.

Held that based on the inferences and similarity of ingredients in Lassi and Laban, the goods can be considered under the head of Lassi which has been described in Sr. No.26 of Notification No.2/2017-Central Tax (Rate) dated June 28, 2017('Goods Exemption Notification').

Ruled that the subject is classifiable at HSN 040390 therefore being exempt under Goods and Services Tax ('GST').

FAQ :

The applicant sought to know if their product 'Laban', which they considered similar to Lassi, was classified as Lassi and if it was exempt from GST.

The GAAR decided that 'Laban' is to be classified as 'Lassi' and is therefore exempt from GST.

The GAAR found that 'Laban' shares similar ingredients and is a dairy-based fermented drink, much like traditional Lassi.

The exemption is provided under Sr. No. 26 of Notification No. 2/2017-Central Tax (Rate) dated June 28, 2017.

The ruling classifies the product under HSN 040390.

 

Bimal Jain
Published in GST
Views : 141

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