Page 145 - GSTL_30th April 2020_Vol 35_Part 5
P. 145

2020 ]    IN RE : DEPARTMENT OF PRINTING, STATIONERY AND PUBLICATIONS  631
                          under Chapter Heading 4901. Entry No. 119 of Notification 2/2017-
                          Central Tax (Rate), dated  28-6-2017 exempts the printed books i.e.
                          goods falling under Heading 4901. The impugned items are squarely
                          covered under the said entry and hence are exempted.
                       (f)  Supply of waste paper etc.,
                               This category covers Question  Number 13, which deals with
                          supply of waste paper, old sweepings, old & obsolete forms  and
                          books,  unusable articles as waste. The applicant has not provided
                          any relevant information with regard to  unusable articles as  to
                          whether they are of paper only or not. Hence it is considered that the
                          unusable articles & old sweepings are of paper only as the question
                          raised in  this  regard is “Whether  the applicant’s understanding  of
                          rate of tax of 5% is correct or not, on sale of waste paper?”
                               “Recovered (waste and scrap) paper or paper board” is classified un-
                          der Tariff Heading 4707 of Customs Tariff Act, 1975. Entry No. 198B
                          of Schedule  I  to Notification  No. 1/2017-Central  Tax (Rate),  dated
                          28-6-2017 as amended by the Notification 34/2017-Central Tax
                          (Rate), dated 13-10-2017 covers the goods Recovered (waste and scrap)
                          paper or paper board, falling under Heading 4707 and in terms of the
                          said entry the applicable  rate of GST  is  5%  (CGST 2.5%  & KGST
                          2.5%).
                               In the instant case it could be inferred from the question that the
                          applicant seeks advance ruling with regard to rate of GST applicable
                          on the sale/supply of waste paper. Waste & scrap paper is classified
                          under Heading 4707 and attract 5% GST, as discussed above.
                       (g)  Supply/sale of old machinery as scrap
                               This category covers Question  Number 14, which deals with
                          supply of old machinery as scrap. The applicant seeks the rate of tax
                          along with the relevant entry/Notification number, if the old print-
                          ing machinery is sold as scrap. The applicant has not furnished in-
                          formation  as to whether  the said  machinery is of  ferrous or non-
                          ferrous material and hence the impugned machinery is considered as
                          old printing machinery of ferrous material.
                               “Ferrous waste and  scrap” is  classified under Tariff  Heading
                          7204 of Customs Tariff  Act, 1975. Entry No.  199 of Schedule-III to
                          Notification  1/2017-Central Tax  (Rate), dated 28-6-2017 covers the
                          goods “Ferrous waste and scrap”, falling under Heading 7204 and in
                          terms of the said entry the applicable rate of GST is 18% (CGST-9% &
                          KGST-9%).
                               In the instant case, the old printing machinery of ferrous mate-
                          rial is intended to be sold/supplied as scrap and the said old ma-
                          chinery, if sold as scrap, is considered as Ferrous Waste and Scrap.
                          Thus the rate of GST applicable on the said Ferrous Waste and Scrap
                          is 18% in terms of the aforesaid notification/entry number.
                       (h)  Supply of Stationery articles to Government Departments
                               This category covers Question  Number 15, which deals with

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