Page 84 - GSTL_13th August 2020_Vol 39_Part 2
P. 84

170                           GST LAW TIMES                      [ Vol. 39
                                     Tobacco (other than tobacco leaves)’ are not defined in the Tariff, classification of
                                     the commodity at various stages in the above specified heads may be a conten-
                                     tious issue. He, therefore, sought for an Advance Ruling.
                                            4.  Activities of the applicant :
                                            The applicant engages in the following activities as far as tobacco is con-
                                     cerned :
                                            (a)  Purchase of the cured tobacco leaves brought by tobacco farmers at
                                                 the Tobacco  Auction  Platforms in case of FCV variety or directly
                                                 from farmers in case of  Non-FCV  variety’ of tobacco and selling
                                                 them to other dealers or exporters or manufacturers of tobacco.
                                            (b)  Purchase of the tobacco leaves from other dealers and sell them to
                                                 the clients within India and overseas.
                                            (c)  Threshing  and redrying of the tobacco leaves in their threshing
                                                 premises and selling them to the clients in India and to export to
                                                 various countries.
                                            (d)  Engaging in threshing and redrying of tobacco leaves on job work
                                                 basis for other traders or manufacturers.
                                     In the case of sale of tobacco leaves, the applicant may undertake the following
                                     minimal process on the tobacco before supplying as per the requirement of the
                                     dealer :
                                            Grading :
                                                 The applicant may get an order from the buyers to grade the tobac-
                                            co. In such cases, the applicant engages manual labour to segregate or
                                            classify the tobacco leaves into various grades depending on their size
                                            (width),  length, colour or shade  and  other physical parameters of the
                                            leaf. These activities will be performed manually by unskilled labour and
                                            who will open the bale  and separate the tobacco leaves to physically
                                            grade the tobacco into different categories as stated above. The tobacco
                                            leaves so graded, will again be packed into bales and wrapped in Jute
                                            bags for onward supply to other tobacco dealers or manufacturers.
                                            Butting :
                                                 The tobacco leaf when plucked  from the plant will have a  rough
                                            edge on the side it attached to the plant. These rough edges may damage
                                            other leaves or make packing difficult. Therefore, the edge of the tobacco
                                            leaf, which is called butt of the leaf, is removed by manually chopping
                                            them off. This will not alter any other character of the leaves. Butting is a
                                            very rare and occasional requirement of the buyer and only 2 to 3% of
                                            the total tobacco is ordered for butting. If the buyer requires the leaf to be
                                            butted, the same  is undertaken along  with grading by manual labour
                                            and then packed by wrapping jute bags.
                                            Stripping/Steaming Process :
                                                 The graded tobacco leaves or the butted leaves are at this stage,
                                            stripped wherein the stem portion of the Tobacco leaves is  separated
                                            from the leaf. The  lamina portion  and the woody portion i.e  mid-rib
                                            (stem) of tobacco leaf are to be separated as they are to be processed sep-
                                            arately.
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