Page 120 - GSTL_6th August 2020_Vol 39_Part 1
P. 120

46                            GST LAW TIMES                      [ Vol. 39
                                     pillow runner. They use PPP chips as raw material for PPP yarn. For all other
                                     fabrics, they use yarn locally sourced. They also stated that they will submit for
                                     each product the purchase orders, copies of sale invoice, test reports, export in-
                                     voices and export shipping bills and requested to be heard again.
                                            3.2  The applicant was personally heard again on 21-5-2019. They sub-
                                     mitted the test reports, sale/export invoice, purchase order. They stated that for
                                     made ups covers for pillows, latex block, mattresses, foot runner, pillow sheet the
                                     material is knitted fabric or woven (with and without non-woven bonded with
                                     glue behind) or woven with needle punch process. They also manufacture yarn
                                     of different composition Poly Propylene extrusion yarn, poly propylene textur-
                                     ized yarn 2 ply and polyester texturized yarn 4 ply. They also stated that they
                                     will submit purchase invoice for raw materials for each, photographs of made
                                     ups, production process for different kinds of yarns. They mainly purchase dyed
                                     yarn for fabric manufacture. They undertook submit details of how much decitex
                                     each variety of yarn. The applicant submitted Original test reports for Knitted
                                     Fabrics, Woven Fabrics, Non-Woven Fabrics, Chenille Yarn, Poly Propylene Ex-
                                     trusion Yarn, Poly Propylene Texturized Yarn, Polyester Texturized Yarn; sam-
                                     ple export documents; sample sale invoice along with purchase order.
                                            3.3  Further, on 11-6-2019 they submitted the following documents :
                                                  (i)  Raw  Materials details  along with  sample raw material pur-
                                                      chase invoices for all the products
                                                  (ii)  The Test Report of Regional Laboratory Textiles Committee
                                                      in respect of the products for which classification is sought
                                                  (iii)  Photographs  of made  ups (latex block  covers, pillow cover,
                                                      mattress cover, foot runner & pillow sheet)
                                                  (iv)  Production process photographs of Poly Propylene Extrusion
                                                      Yarn, Poly Propylene Texturized Yarn, Polyester Texturized
                                                      Yarn
                                                  (v)  Note on Decitex
                                     They had also furnished the classification and rate of tax as per their understand-
                                     ing as below :
                                            Knitted Fabrics - CTH 6006; Woven Fabrics - CTH 5407; Woven Fabrics
                                            bonded with Non-woven Fabric - CTH  5407; Covers  for Pillow, Latex
                                            Block, Mattresses - CTH 6304; Foot Runner, Pillow Sheet - 6302; Chenille
                                            Yarn - 5606; PP Extrusion yarn-5402; PP Texturized Yarn - 5402; Polyes-
                                            ter Texturized Yarn - 5402
                                            4.  The jurisdictional authority-Commissioner of Central GST & Central
                                     Excise, Coimbatore has furnished the comments on the questions reused by the
                                     applicant which is reproduced below verbatim :
                                            The views/comments of the Commissionerate, item wise, are furnished
                                            hereunder :
                                                  (a) Knitted Fabrics/(b) Woven Fabrics/(c) Woven Fabrics bonded
                                                  with Non-Woven Fabrics :
                                                  •   All woven fabrics irrespective  of their  constituent materials
                                                      i.e., Cotton (100%) or 100% of  Polyester/Viscose/Rayon/
                                                      Nylon, attracts 5% rate with  ITC facility under GST and re-
                                                      spectively classifiable under Chapters 52, 54 & 55;
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