Shanti Prime Publication Pvt. Ltd.
Classification of Goods — the applicant, seeking an advance ruling in respect of the following questions.
1.1. Whether Applicant is dealing in second hand goods and tax is to be paid on the difference between selling price and purchase price as stipulated in Rule 32(5) of CGST Rules, 2017?
1.2. The classification and HSN code of goods listed in table given in “Issues for Determination” and GST rates applicable to such goods.
Held that—the liability will be discharged by the applicant on the difference between selling price and purchase price as stipulated in Rule 32(5) of CGST Rules, 2017 only in respect of old cars, old jewellery and old watches.
Paintings as described by the applicant will be classifiable under Heading 9701 and the applicant must pay GST of 12% on the sale value.
Motor Vehicles fall under Heading 8703 of the GST Tariff. However old cars attract a lower rate of tax as per Notification No. 08/2018 CT (Rate) dated 25.01.2018.
Articles of jewellery and parts thereof falls under Heading 7113 of the GST Tariff. The provisions of Rule 32(5) of CGST Rules are applicable to them in respect of old jewellery
Antique jewellery of age exceeding 100 years will fall under Tariff item 9706 00 00 and will be liable to tax @ 12% GST. The provisions of Rule 32(5) of CGST Rules will not be applicable to them in this case.
Wrist watches, pocket-watches and other watches fall under Heading 9102. The rate of GST is 18% and the same is applicable even to Old Watches, however with the benefit of the provisions of Rule 32(5) of CGST Rules i.e. tax will be paid on the difference between sale price and purchase price.
Antique books exceeding 100 years of age will be covered under Tariff item 9706 00 00 and will be liable to tax @ 12% GST.—Safset Agencies Pvt. Ltd. (Astaguru. Com), In Re….  08 TAXLOK.COM 105 (AAR-Maharashtra)