2019 (2) TMI 188 – AUTHORITY FOR ADVANCE RULING, TAMILNADU – TMI – Classification of goods – rate of tax – Bags made of Non-Woven Fabrics of Polypropylene / 100% Cotton (Grey Fabrics) used the Packing of goods, commonly called as Stick Bags, Wedding Gift Bags, Re-useable Shopping Bags, Draw-String, Gift Bags, Garment Bags, etc. – Held that:- The bags which are used for packing of goods for transport, storage and sale are covered under 6305 – In this case the bags of any materials are used for packing the goods which are then put up for sale, transport or storage. That is such goods because of their very nature, being loose, flowing or in bulk etc, cannot be sold without packing by such bags. However, in the instant case, the Applicant has stated that the goods in question are carry bags also called as Re-usable Shopping Bags, Drawstring Gift Bags, Garment Bags. These Bags have handles for carrying. Textiles or jewellery or other items after they are purchased by the Customers are put
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under SGST Act 2017 as per Sl.No.124 of Schedule III of Notification No. 01/2017-CT (Rate) dated 28.06.2017 and G.O. (Ms) No. 62 dated 29.06.2017 No. II (2)/CTR/532(d-4)/2017 as amended respectively. – Order No. 20/AAR/2018 Dated:- 28-11-2018 – MS. MANASA GANGOTRI KATA, IRS AND THIRU S. VIJAYAKUMAR, M.SC., MEMBER Note : Any Appeal against the Advance Ruling order shall be filed before the Tamil Nadu State Appellate Authority for Advance Ruling, Chennai under Sub-section (1) of Section 100 of CGST ACT/TNGST Act 2017 within 30 days from the date on which the ruling sought to be appealed against is communicated. At the outset, we would like to make it clear that the provisions of both the Central Goods and Service Tax Act and the Tamil Nadu Goods and Service Tax Act are the same except for certain provisions. Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the Central Goods and Service Tax Act would also mean a reference to the same provisi
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/ Wedding Gift Bags / Packing Bags made of Non-woven Fabrics of Polypropylene / 100% Cotton (Grey Fabrics); Their bags are mainly purchased by the Show Rooms (Cars, Bikes, Vehicle Parts and Spectacles), Textile Shops, Silk Emporiums, Jewellery Shops, Retail Outlets of Commercial products etc. for the purpose of packing of their products to the ultimate customers.; They are bags of a kind used for the packing of goods commonly called as, 'Re-usable Shopping Bags, Drawstring Gift Bags, Garment Bags, etc.'; The major raw material for the manufacture of the said bags is Non-woven Fabrics falling under heading 5603/ 'grey fabrics/woven fabrics of 100% cotton falling under heading 5208 of first schedule to Customs Tariff Act 1975.; The said bags are manufactured through the processes of cutting, printing (either screen or off-set), sewing and handle fixing (either sticks or same material). 2.2 The Applicant has further stated that the classification of Non-Woven Fabrics of Polyp
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y, the said 'Bags made of Non-woven Fabrics of Polypropylene are rightly classifiable under Tariff item No. 6305 33 00, as 'Sacks and Bags, of a kind used for packing of goods, of man-made textile materials, of Polypropylene strip or the like and Bags made of cotton are rightly classifiable under Tariff Item No.6305 20 00 as Sacks and Bags, of a kind used for packing of goods, of Cotton respectively. The above said classification under the Customs Tariff is aligned with the HSN Code and it appears both in Schedule I and Schedule II of Notification No.01/2017 Central Tax (Rate) dated 28.06.2017 as amended and G.O. Ms. 157 dated 14.11.2017 of the Government of Tamilnadu the rate of tax is levied based on the value of the product, i.e., @ 2.5% – for value not exceeding ₹ 1000 per piece and @ 6%- for sale value exceeding ₹ 1000 per piece. In the present case, the sale value of 'Bags made of Non-woven Fabrics of Polypropylene/woven fabrics of cotton is less than S
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the Bags and the applicability of the Actual Rate / Heading is the issue to be discussed and clarified. From the various submissions of the Applicant, it is evident that the Applicant purchases Non-woven Fabric roll, convert into sheets by cutting and on printing according to requirements of customers (either screen or off-set), stitch into bags which are used in Show Rooms (Cars, Bikes, Vehicle Parts and Spectacles), Textile Shops, Silk Emporiums, Jewellery Shops, Retail Outlets of Commercial products etc. for the purpose of packing their products to the ultimate customers. They are bags of a kind used for the packing of goods commonly called as Re-usable Shopping Bags, Drawstring Gift Gags, Garment Bags. The Bags have handles made out of stick or same materials. The purchase Invoices indicate purchase of Non-woven Fabrics and plain Cotton cloth. It is seen in the Sale Invoices that the Applicant is variously describing them as Non-woven Bags , Cloth Bags etc. of various sizes. 5.1 Th
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6305 10 30 Jute hessian bags kI- 25% – 6305 10 40 Jute sacking bags kg. 25% _ 6305 10 50 Jute wool sacks kg. 25% – 6305 10 60 Plastic coated or paper cum polythene lined jute bags and sacks kg. 25% – 6305 10 70 Paper laminated hessian jute kg. 25% – 6305 10 😯 Jute soil savers kg. 25% – 6305 10 90 Other kg. 25% – 6305 20 00 – Of cotton kg. 25% Of man-made textile materials : 6305 32 00 Flexible intermediate bulk containers kg. 25% – 6305 33 00 – Other, of polyethylene or polypropylene strip or the like kg- 25% – 6305 39 00 – Other kg. 25% – 6305 90 00 – Of other textile materials kg. 25% – 6306 TARPAULINE AWNINGS AND SUNBLINDS: TENTS HSN explanatory Notes to chapter 6305 states: This heading covers textile sacks and bags of a kind normally used for the packing of goods tor transport, storage or sale. These articles, which vary in size and shape, include in particular flexible intermediate bulk containers, coal, grain, flour, potato, coffee or similar sacks, mail bags, and sma
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, suit-cases, vanity-cases, executive- cases, BRIEF-CASES, SCHOOL SATCHELS, SPECTACLE CASES, BINOCULAR CASES, CAMERA CASES, MUSICAL INSTRUMENT CASES, GUN CASES, HOLSTERS AND SIMILAR CONTAINERS; TRAVELLING-BAGS, INSULATED FOOD OR BEVERAGES BAGS, TOILET BAGS, RUCKSACKS, HANDBAGS, SHOPPING-BAGS, WALLETS, PURSES, MAP-CASES, CIGARETTE-CASES, TOBACCO-POUCHES, TOOL BAGS, SPORTS BAGS, BOTTLE-CASES, JEWELLERY BOXES, POWDER-BOXES, CUTLERY CASES AND SIMILAR CONTAINERS, OF LEATHER OR OF COMPOSITION LEATHER, OF SHEETING OF PLASTICS, OF TEXTILE MATERLALS, OF VULCANISED FIBRE OR OF PAPERBOARD, OR WHOLLY OR MAINLY COVERED WITH SUCH MATERLALS OR WITH PAPER – Trunk's, suit-cases, vanity-cases, executive-cases, brief-cases, school satchels and similar containers: 4202 11 – With outer surface of leather or of composition leather: 4202 11 10 Travel goods (trunks, suit-cases, sports bags and other similar items ) of leather u 10% – 4202 11 20 Toilet-bags and cases, of leather u 10% 4202 11 30 Satchel
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edule III of Notification No. 01/2017-CT (Rate) dated 28.06.2017 and G.O. (Ms) No. 62 dated 29.06.2017 No. II (2)/CTR/532(d-4)/2017 as amended respectively. The relevant entries are found in Schedule III attracting 9% tax as given under: 124. 4202 School satchels and bags other than of leather or composition leather 125. 4202 12 10 Toilet cases 126. 4202 22 10 Hand bags and shopping bags, of artificial plastic material 127. 4202 22 20 Hand bags and shopping bags, of cotton 128. 4202 22 30 Hand bags and shopping bags, of jute 129. 4202 22 40 Vanity bags 130. 4202 29 10 Handbaas of other materials excluding a wicker work or basket work The said entries stands amended vide Notification No. 41/2017- C.T(Rate) dated 14.11.2017 effective from 15.11.2017. The Hand bags and Shopping bags made of cotton and jute were moved from schedule III to Schedule II attracting rate of tax of 6%-CGST. (B) in Schedule II -6%, – (xii) for S. Nos. 89, 90 and the entries relating thereto, the following shall b
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after S. No. 124 and the entries relating thereto, the following serial numbers and the entries shall be inserted, namely: – 124A 4203 Articles of apparel and clothing accessories, of leather or of composition leather [other than gloves specially designed for use in sports] 124B 4205 Other articles of leather or of composition leather 124C 4206 Articles of gut (other than silk-worm gut), of goldbeater's skin, of bladders or of tendons ; (xlii) S. No. 125, 126, 127, 128, 129 and 130 and the entries relating thereto shall be omitted: From the above, it is evident that the Carry Bags/Shopping Bags made-up of Cotton are taxable at 6% under CGST Act 2017 and at 6% under SGST Act 2017 as per Sl.No.89 of Schedule II while those Carry Bags made of Non-woven Fabrics are taxable to 9% under CGST Act 2017 and 9% under SGST Act 2017 as per Sl.No.124 of Schedule III of Notification No. 01/2017-CT (Rate) dated 28.06.2017 and G.O. (Ms) No. 62 dated 29.06.2017 No. II (2)/CTR/532(d-4)/2017 as amend
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