Sonka Publication (INDIA) PVT LTD. vs. Union Of INDIA & Ors.

W.P.(C)/10022/2018HC DelhiGSTCNR DLHC01272389201807 May 2019Bench: CASES PERTAINING TO SPL.DIVISION BENCHES10 pages
For Petitioner: Mr Vineet Bhatia, AdvocateFor Respondent: Mr Amit Bansal and Mr Aman Rewaria, Advocates for R-3. Mr Satyakam, Addl. Standing Counsel, GNCTD
AI SummaryAllowed

Held

The Court held that the books, based on their functional characteristics, were designed to test a child's knowledge and understanding, not merely for copying. Therefore, they are classifiable under HSN 4901 and are exempt from tax.

Facts

The petitioner published books classified as either 'Printed Books' under HSN 4901 (exempt from tax) or 'Exercise Books' under HSN 4820 (subject to tax). The Authority for Advancing Ruling (AAR) classified them under HSN 4820.

Key Issues

The primary issue was the classification of the petitioner's books under the GST Act, specifically whether they fall under HSN 4901 or HSN 4820.

Sections Cited

Section 23, Section 24

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
W.P.(C) 10022/2018 Page 1 of 10 $~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10022/2018 & CM 39032/2018 (stay) SONKA PUBLICATION (INDIA) PVT LTD. ..... Petitioner Through: Mr Vineet Bhatia, Advocate. versus UNION OF INDIA & ORS. ..... Respondents Through: Mr Amit Bansal and Mr Aman Rewaria, Advocates for R-3. Mr Satyakam, Addl. Standing Counsel, GNCTD. CORAM: JUSTICE S.MURALIDHAR JUSTICE REKHA PALLI

O R D E R %

07.05.

2019

Dr. S. Muralidhar, J.:

1.

A very short but interesting question that arises for consideration in the present petition is whether the books „Sulekh Sarita Parts I to V‟ are „Printed Books‟ classifiable under „HSN 4901‟ or „Exercise Books‟ under „HSN 4820‟ of the Central Goods and Service Tax Act (CGST Act)? If the books are classified under HSN 4901, as contended by the Petitioner, then they would be completely exempt from tax in terms of the CGST Act as well as Delhi GST Act. If t

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