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of <h1>GST Rates on Tobacco Leaves: 5% for basic, 28% for processed forms</h1> <h3>In Re: Pragathi Enterprises</h3> In Re: Pragathi Enterprises - 2018 (19) G. S. T. L. 327 (A. A. R. - GST) Issues Involved:1. GST rate on tobacco leaves procured at auction platforms or directly from farmers.2. GST rate on tobacco leaves purchased from other dealers.3. GST rate on graded tobacco leaves.4. GST rate on butted tobacco leaves.5. GST rate on redried tobacco leaves.6. GST rate on threshed and redried tobacco leaves.Detailed Analysis:1. GST Rate on Tobacco Leaves Procured at Auction Platforms or Directly from Farmers:The Authority for Advance Ruling (AAR) determined that the GST rate for tobacco leaves procured at auction platforms or directly from farmers, which are cured and dried by farmers themselves, is 5%. This is based on Schedule I, Sl. No. 109 of Notification No. 1/2017 (CGST Rate), which specifies a GST rate of 5% for tobacco leaves.2. GST Rate on Tobacco Leaves Purchased from Other Dealers:The AAR ruled that if the applicant purchases tobacco leaves from other dealers who have purchased them from farmers, for the purpose of trading, the applicable GST rate is 5%. This is also in accordance with Schedule I, Sl. No. 109 of Notification No. 1/2017 (CGST Rate).3. GST Rate on Graded Tobacco Leaves:When the applicant segregates the tobacco into grades based on their size, color/shade, length, texture, etc., and sells such graded tobacco leaves, the applicable GST rate remains 5%. This ruling is consistent with Schedule I, Sl. No. 109 of Notification No. 1/2017 (CGST Rate).4. GST Rate on Butted Tobacco Leaves:The AAR confirmed that if the tobacco leaves are butted and sold to other dealers, the applicable GST rate is 5%. This is in line with Schedule I, Sl. No. 109 of Notification No. 1/2017 (CGST Rate).5. GST Rate on Redried Tobacco Leaves:If the applicant gets the tobacco leaves redried without getting them threshed, the GST rate applicable remains 5%. This is as per Schedule I, Sl. No. 109 of Notification No. 1/2017 (CGST Rate).6. GST Rate on Threshed and Redried Tobacco Leaves:For tobacco leaves that are threshed and redried on a job work basis at GLT plants and then sold, the applicable GST rate is 28%. This is based on Schedule IV, Sl. No. 13 of Notification No. 1/2017 (CGST Rate), which applies to 'Unmanufactured Tobacco; tobacco refuse (other than tobacco leaves)' and specifies a GST rate of 28%.Conclusion:The AAR's rulings provide clarity on the GST rates applicable to various forms and processes of tobacco leaves. The key distinction is that while basic cured and dried tobacco leaves are taxed at 5%, more processed forms such as threshed and redried tobacco are taxed at a higher rate of 28%. This differentiation is crucial for traders and manufacturers in the tobacco industry to understand their tax liabilities accurately.
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