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ARTICLE · 28 AUGUST 2019

Banana Bytes: A Classification Conundrum Under GST

Cyril Amarchand Mangaldas
Cyril Amarchand Mangaldas
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Cyril Amarchand Mangaldas

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According to the department, serving bananas to the customer in a hotel room was an exempt supply of goods, not involving any element of service.

IndiaTax

A recent social media post by an Indian actor depicting an invoice issued by a prominent hotel where he was charged INR 442 for two bananas created widespread furor among the public, industry players and the tax authorities, with certain quarters challenging the legality of levy of Goods and Service Tax ("GST") itself on the supplies made. The invoice indicated the description of the sale item as a 'fruit platter' and the cumulative rate of GST as 18%. The Central Excise & Taxation Department also swung into action, served a show cause notice to the hotel and imposed a penalty of INR 25,000 for levying GST on sale of bananas. According to the department, serving bananas to the customer in a hotel room was an exempt supply of goods, not involving any element of service.

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