In re Senthilkumar Thilagavathy [M/s. JVS Tex] (GST AAR Tamilnadu)
Classification of bags made of Non-woven fabrics of Polypropylene/ 100% Cotton (Grey Fabrics) used for packing of goods, commonly called as ‘Stick bags/Wedding Gift Bags/ Reusable Shopping Bags/ Draw-String Gift Bags/ Garment Bags, etc and its rate of tax payable under the GST Acts
1. Non-Woven carry bags supplied by the Applicant are classifiable under CTH 4202 22 10 and cotton carry bags supplied by the Applicant are classifiable under CTH 4202 22 20.
2. Upto 14.11.2017, Non-woven and Cotton Carry Bags/Shopping Bags supplied by the Applicant were taxable at 9% under CGST Act 2017 and at 9% under SGST Act 2017 as per SI.No. 126 and 127 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.
3. From 15.11.2017 onwards, Cotton Carry Bags/Shopping Bags are taxable at 6% under CGST Act 2017 and at 6% under SGST Act 2017 as per SI.No.89 of Schedule II while Non-woven Cany Bags are taxable to 9% under CGST Act 2017 and 9% under SGST Act 2017 as per SI.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.
FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING TAMILNADU
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 provisions under the Tamil Nadu Goods and Service Tax Act.
Senthilkumar Thilagavathy [Prop: M/s. JVS Tex], 213 W/A-l, VNC, Thottam, Kamaraj Nagar 1st Street, Bhavani – 638 301. (hereinafter referred to as Applicant) are the manufacturers of Stick-Bags / Wedding Gift Bags / Packing Bags made of Non-woven Fabrics of Polypropylene / 100% Cotton (Grey Fabrics). They are registered vide GSTIN: 33AEVPT0022L1Z9. They have sought Advance Ruling on
“Classification of 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., and the rate of tax payable under the GST Act 2017.”
The Applicant has submitted the Advance Ruling in Form GST ARA – 01 and had enclosed challan for payment of fees of Rs 5,000/- each under sub-rule (1) of Rule 104 of CGST Rules 2017 and SGST Rules 2017.
2.1 The Applicant has stated that they manufacture Stick-Bags / 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 Polypropylene as per the following notes to Chapter 56 of the First Schedule to the Customs Tariff Act 1975, is as follows:
“3 Headings 5602, 5603 cover respectively felt and nomvovens, impregnated, coated, covered or laminated with plastics or rubber whatever the nature of these materials (compact or cellular).
Heading 5603 also includes Non-woven in which plastics or rubber forms the bonding substance”.
Similarly, classification in respect of the said goods, namely “Bags made up of Non-woven Fabrics of Polypropylene” is set as rest by the section notes SI.No.7 (f) to section XI Textile and Textile Articles of the First Schedule to the Customs Tariff Act, 1975, which is as follows:
“7. For the purposes of this Section, the expression “made up” means;
(f) assembled by sewing, gumming or otherwise (other than piece goods consisting of two or more lengths of identical material joined end to end and piece goods composed of two or more textiles assembled in layers, whether or not padded). “
Accordingly, 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 Rs. 1000 per piece and @ 6%- for sale value exceeding Rs. 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 Rs. 1,000/- per piece and therefore, it appeared that the impugned/disputed goods attract GST at the rate of @ 5% ad vide entry No.224 of Schedule I of both CGST and SGST notifications. The Applicant has also stated that the bags manufactured by them are rightly classifiable under Chapter Heading 6305 and relied on the decision of Advance ruling Authority, State of Kerala in the case of M/s. JJ Fabrics, Ernakulam.
3. The Applicant was personally heard. During the hearing, they have stated that they purchase raw material namely Polypropylene/Non-Woven Fabrics and Cotton in rolls. They die certain fabrics. They cut both to requirement and print using offset printing and screen printing on jobwork basis 85 stitch into carry bags. The design is given by their buyers. They produced copies of Invoices of Inward and Outward supplies. They also produced samples of Non-woven Bag/ Cotton Bags.
4. Contentions of the Applicant was examined with connected samples and records. The Classification of 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 The Classification of the bags and the applicability of the Actual Rate / Heading is the issue to be discussed and clarified. In terms of explanation (iii) and (iv) to Notification No. 1/2017 – Central Tax (Rate) dt. 28-06-2017, Tariff Heading, Sub-Heading, Heading and Chapter shall mean respectively a Tariff item, Sub-Heading, Heading and Chapter as specified in the First Schedule to the Customs Tariff Act, 1975 and the rules for the interpretation of the First Schedule to the Customs Tariff Act, 1975, including the Section and Chapter Notes and the General Explanatory Notes of the First Schedule shall be applied for the interpretation and classification of goods.
5.2 The applicant’s contention is that the products are to be classified under 6305.
Chapter 6305:
