2019 (10) TMI 1015 - AAR - GST

Classification of goods - rate of tax - Tobacco leaves - whether the commodity in question is covered under entry no. 109 of Schedule I of Notification No. 1/2017 -Central Tax (Rate) dated 28.06.2017 or Entry No. 13 of Schedule IV of Notification No. 1/2017 - Central Tax (Rate) dated 28.06.2017? HELD THAT - The product the applicant is dealing with is undoubtedly a sun-cured country tobacco which is covered under tariff heading 2401 10 20. The commodity is not tobacco leaves which are raw, but cured tobacco and hence are covered under entry no. 13 of Schedule IV of Notification No. 1/2017 - Central Tax (Rate) dared 28.06.2017 attracting a tax of 14% under the CGST Act and similarly attracting a tax of 14% under SGST Act. Applicability of Notification No.4 /2017 - Central Tax (Rate) dated 28.06.2017 - HELD THAT - Since the goods in question are not tobacco leaves and hence are not covered under entry no. 109 of Schedule I of Notification No. 1/2017 - Central Tax (Rate) dated 28.06.2017 and hence is not liable to reverse charge. Further the applicant is not purchasing the same from agriculturists and hence on this account also, he is not covered under this notification.

Summary

Issues: Classification of tobacco leaves for GST taxation

Analysis:
1. The applicant, an unregistered dealer trading tobacco leaves, sought an advance ruling on whether the leaves should be taxed at 5% on forward charge or classified differently.
2. The applicant procures tobacco leaves from wholesalers and sells them in the retail market, facing confusion regarding the applicable tax rate.
3. The applicant provided facts stating the material is sold as "Tobacco Leaves" with varying tax opinions from officials, causing uncertainty in tax liability.
4. The applicant believes 5% GST applies only on reverse charge for the first transaction, seeking clarity for proper classification and registration under the GST Act.

Findings & Discussion:
1. During the personal hearing, the applicant presented tobacco leaf samples and discussed the classification and corresponding GST rates for the products.
2. The Authority considered the submissions and noted the tobacco leaves are sun-cured, falling under tariff heading 2401 10 20, not plain tobacco leaves.
3. Referring to a previous ruling, it was established that the cured tobacco leaves are taxable at 28% GST.
4. The issue was to determine if the commodity falls under specific entries of GST notifications, concluding that it aligns with entry no. 13 of Schedule IV, attracting a tax of 14% under the CGST and SGST Acts.
5. The goods were found not to be covered under reverse charge mechanisms, as they do not meet the criteria specified in the relevant notifications.

Ruling:
1. The tobacco leaves are classified under tariff heading 2401 10 20, subject to a tax rate of 14% under the CGST and KGST Acts.
2. The applicant's transactions are not covered under Notification number 4/2017 for reverse charge, clarifying the tax liability for the applicant.