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of <h1>Clarification on GST rates for tobacco leaves: 5% for certain stages, 28% for others</h1> <h3>In Re: M/s. M.L. Tobacco Developers Private Limited,</h3> In Re: M/s. M.L. Tobacco Developers Private Limited, - 2020 (32) G. S. T. L. 311 (A. A. R. - GST - A. P.) Issues Involved:1. Rate of GST on tobacco leaves procured at auction platforms or directly from farmers.2. Rate of GST on tobacco leaves purchased from other dealers.3. Rate of GST on graded tobacco leaves.4. Rate of GST on butted tobacco leaves.5. Rate of GST on re-dried tobacco leaves.6. Rate of GST on threshed and re-dried tobacco leaves.7. Rate of GST on threshed and re-dried tobacco leaves on job work basis.Issue-wise Detailed Analysis:1. Rate of GST on Tobacco Leaves Procured at Auction Platforms or Directly from Farmers:The applicant sought clarity on the GST rate applicable to tobacco leaves procured at auction platforms or directly from farmers, which are cured and dried by farmers. The ruling states that the GST rate for such tobacco leaves is 5% under the reverse charge mechanism as per Notification 4/2017-CGST (Rate).2. Rate of GST on Tobacco Leaves Purchased from Other Dealers:The applicant queried the applicable rate of tax if they purchase tobacco leaves from other dealers who have acquired them from farmers for trading purposes. The ruling confirms that the applicable GST rate is 5% (2.5% SGST + 2.5% CGST) as per SI.No.109 of Schedule I Notification No.1/2017-Central Tax (Rate) dated 28.06.2017.3. Rate of GST on Graded Tobacco Leaves:The applicant asked about the GST rate if they segregate tobacco into grades based on size, color, length, and texture, and then sell such graded tobacco leaves. The ruling states that the applicable GST rate remains 5% (2.5% SGST + 2.5% CGST) as per SI.No.109 of Schedule I Notification No.1/2017-Central Tax (Rate) dated 28.06.2017.4. Rate of GST on Butted Tobacco Leaves:The applicant inquired about the GST rate if the tobacco leaves are butted and sold to other dealers. The ruling clarifies that the applicable GST rate is 5% (2.5% SGST + 2.5% CGST) as per SI.No.109 of Schedule I Notification No.1/2017-Central Tax (Rate) dated 28.06.2017.5. Rate of GST on Re-dried Tobacco Leaves:The applicant sought the applicable GST rate if they get the tobacco leaves re-dried without threshing. The ruling states that the applicable GST rate is 5% (2.5% SGST + 2.5% CGST) as per SI.No.109 of Schedule I Notification No.1/2017-Central Tax (Rate) dated 28.06.2017.6. Rate of GST on Threshed and Re-dried Tobacco Leaves:The applicant asked about the GST rate if they get the tobacco leaves threshed and re-dried. The ruling specifies that the applicable GST rate for threshed and re-dried tobacco leaves is 28% (14% SGST + 14% CGST) as per SI.No.13 of Schedule IV Notification No.1/2017-Central Tax (Rate) dated 28.06.2017.7. Rate of GST on Threshed and Re-dried Tobacco Leaves on Job Work Basis:The applicant inquired about the GST rate if they get the tobacco threshed and re-dried on a job work basis at others' premises and then sell such threshed and re-dried tobacco leaves. The ruling confirms that the applicable GST rate is 28% (14% SGST + 14% CGST) as per SI.No.13 of Schedule IV Notification No.1/2017-Central Tax (Rate) dated 28.06.2017.Summary:The judgment provides a detailed analysis of the GST rates applicable to various stages and processes of tobacco leaves. It distinguishes between different processing activities such as grading, butting, re-drying, and threshing, and specifies the applicable rates of GST for each scenario, ensuring clarity for the applicant's operations under the GST framework.
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