Page 82 - GSTL_13th August 2020_Vol 39_Part 2
P. 82

168                           GST LAW TIMES                      [ Vol. 39
                                                 28-7-2017 as amended further by Notification No. 32/2017-Central
                                                 Tax (Rate), dated 13-10-2017.
                                            7.  In view of the foregoing, we pass the following order.
                                                                     RULING
                                             Question :  Whether the ‘Project  Management Consultancy’ services
                                                       provided to Andhra Pradesh Panchayat Raj Engineering De-
                                                       partment for Andhra Pradesh Rural Road Project (APRRP)
                                                       for Road Construction can be termed as ‘Pure  Services’ as
                                                       referred in Sl. No. 3 - (Chapter 99) of Table mentioned in No-
                                                       tification No. 12/2017-Central Tax  (Rate), dated 28-6-2017
                                                       and accordingly eligible for exemption from Central Goods
                                                       and Services Tax and Sl. No. 3 - (Chapter 99) of Table men-
                                                       tioned in G.O. Ms. No.  588-(Andhra Pradesh) State Tax
                                                       (Rate), dated 12-12-2017 and accordingly eligible for exemp-
                                                       tion from Andhra Pradesh Goods and Services Tax.
                                             Answer :   Affirmative.

                                                                     _______

                                              2020 (39) G.S.T.L. 168 (A.A.R. - GST - A.P.)
                                         BEFORE THE AUTHORITY FOR ADVANCE RULING UNDER GST,
                                                               ANDHRA PRADESH
                                             S/Shri D. Ramesh, Member (State Tax) and M. Sreekanth,
                                                              Member (Central Tax)
                                                  IN RE : DECCAN TOBACCO COMPANY
                                                     AAR No. 36/AP/GST/2019, dated 24-10-2019
                                            Tobacco leaves - Rate of GST - Procured at tobacco auction platforms
                                     or directly from farmers - Cured and dried by farmers themselves - C.B.E. & C.
                                     Instruction  F. No.  332/2/2017-TRU, dated  Dec., 2017 defining tobacco  leaves,
                                     classifiable under  Heading 2401 of Customs Tariff  Act,  1975, to mean  as
                                     “leaves of tobacco as such or broken tobacco/leaves or tobacco leaves stems” -
                                     GST rate of 5% (CGST 2.5% + SGST 2.5%) applicable in terms of S. No. 109 of
                                     Schedule 1 to Notification No. 1/2017-C.T. (Rate) - Procurement of said leaves
                                     from other traders who have purchased same from farmers would also attract
                                     same rate of GST under same heading - Further, processes like segregation or
                                     redrying (without threshing) or butting, etc. do not alter basic character of to-
                                     bacco leaves - Accordingly, even if these processes are carried out by applicant
                                     on his own or on  job work, before re-selling tobacco leaves  to  trad-
                                     ers/manufacturers/  exporters, etc., GST rate would remain  same, i.e.,  5%
                                     (CGST 2.5% + SGST 2.5%) under notification entry ibid. [para 7]
                                            Tobacco leaves - Redrying with threshing - Unmanufactured tobacco -
                                     Since redrying with threshing of cured tobacco leaves would convert product
                                     into unmanufactured tobacco, same  would  go out of entry at S. No.  109  of
                                     Schedule-1 to Notification No. 1/2017-C.T. (Rate) - Accordingly, said product
                                     appropriately covered under entry at S. No. 13 of Schedule-IV to notification
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