Ques: About Company Business
A Private Limited is a biotech firm specializing in stem cell research and drug discovery

The company is dedicated to finding options for the cure of various diseases by leveraging the potential of stem cells. They have a team working on real-time throughput and the study of cancer stem cells. The Company also offers cell-based platform portfolios and has a tie-up with other company for preclinical discovery and services

Query

The company is providing the above services and has raised invoices for the same. Below are the samples of invoice descriptions
The question is whether GST will be applicable or not in this case.

Invoice Description / Particulars – Mobile Apheresis, Autologous HSCT – PB – Single Cell Selection (CD 34+) (Hematocryo for 10 years)

Ans: Sir this is fact based query and one need to read agreement before giving opinion as huge tax implications are there. Normally these are classified as clinical research organisation and are taxable under GST. Still we suggest to take professional guidance on the same

Ques: Order is received under section 73, where in one para it states that Penalty is to be paid @ 10% and the same was paid. at the last line of the order the AO also imposed penalty @100% again. How penalty can be imposed two times? once imposed 10% and den 100 %.

Ans: That’s not legal and one should contest the same. under section 73 maximum penalty is 10% only

Ques:What is the HSN Code below items.
1. Laproscopic instrument ( scissors, Forceps, gracper, electrode)
2. Laproscopic trocar
3. Negative pressure wound therapy

Ans:

1. Laproscopic instrument ( scissors, Forceps, gracper, electrode) – 9018 90 22 and  9018 90 23