QUESTION

My client is a seller of Smoking Mixture under HSN 24031910 and Chewing Tobacco under HSN 24039910. What will be the duty liabilty regarding same for domestic sale. Excise? NCCD? GST Cess Any other duty, if any. Also pleae specify notification, tariff , circular,etc. vide which above duty is leviable.

ANSWER

Facts of the case: Tax liability on Smoking Mixture under HSN 24031910 and Chewing Tobacco under HSN 24039910.

Law Applicable: Notification No.1/2017-Central Tax (Rate) Schedule IV taxable @ 28%

15.

2403

Other manufactured tobacco and manufactured tobacco substitutes; "homogenised" or "reconstituted" tobacco; tobacco extracts and essences [including biris]

Notification No.1/2017-Compensation Cess (Rate)

22.

2403 19 10

Smoking mixtures for pipes and cigarettes

290%

26.

2403 99 10

Chewing tobacco (without lime tube)

160%

27.

2403 99 10

Chewing tobacco (with lime tube)

142%

Conclusion: Smoking Mixture under HSN 24031910 is taxable @ 28% and Compensation Cess @ 290%.
Chewing Tobacco under HSN 24039910 is taxable @ 28% and Compensation Cess @ 160% / 142%. (Reply dt. 13/01/2021)