Clarification regarding GST rates & classification (goods)
80\/54\/2018-GST Dated:- 31-12-2018 CGST – Circulars \/ Ordes
GST
Circular No. 80\/54 \/2018-GST
\nF. No.354\/432\/2018-TRU
\nGovernment of India
\nMinistry of Finance
\nDepartment of Revenue
\n(Tax Research Unit)
\n*****
\nNorth Block, New Delhi
\nDated 31st December, 2018
\nTo,
\nPrincipal Chief Commissioners\/ Principal Directors General,
\nChief Commissioners\/ Directors General,
\nPrincipal Commissioners\/ Commissioners of Central Excise & Central Tax
\nMadam\/ Sir,
\nSubject: Clarification regarding GST rates & classification (goods)-reg.
\nRepresentations have been received seeking clarification in respect of applicable GST rates on the following items:
\n(i) Chhatua or Sattu
\n(ii) Fish meal and other raw materials used for making cattle\/poultry\/aquatic feed
\n(iii) Animal Feed Supplements\/ feed additives from drugs
\n(iv) Liquefied Petroleum Gas for Domestic Use
\n(v) Polypropylene Woven and Non-Woven Bags and PP Woven and Non-Woven Bags la<\/p>\n
= = = = = = = =<\/p>\n
Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n notification No. 2\/2017-Central Tax (Rate) dated 28.06.2017) and if branded and packed it attracts 5% GST (S. No. 59 of schedule I of notification No. 1\/2017-Central Taxes (Rate) dated 28.06.2017). = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n sh meals or meat cum bone meal (MBM) falling under heading 2301. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n e a dried antibiotic mass on a carrier like cereal middling. The antibiotic content in these items is usually between 8% and 16%. Thus, HS code 2309 would cover only such product, which in the form supplied, are capable of specific use as food supplement for animals and not capable of any general use. If the vitamins, provitamins are supplied in a form in which they are capable of general use, i.e. in the form in which it could be used as inputs or raw materials for further processing, instead of being ready to use, then these would be classifiable under heading 2936. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n er the S. No. 165A of the notification No. 1\/2017- Central Tax (Rate) dated 28.06.2017 and shall, accordingly, attract a GST rate of 5%, with effect from 25.1.2018. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n it-props; logs, whether or not quarter-split, for pulping; round logs for the manufacture of veneer sheets, etc.; logs for the manufacture of match sticks, wood ware, etc.”. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n GST rate of 5%. Garments and made up articles of textiles under chapters 61, 62 and 63 attract GST at the rate of 5% when value is upto ₹ 1000 per piece and 12% when the value exceeds ₹ 1000 per piece. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n the Tariff. Therefore, this concession would be available only to such machinery, equipment etc., which fall under Chapter 84, 85 and 94 and used in the initial setting up of renewable energy plants and devices including WTEP. This entry does not cover goods falling under other chapters, say a transport vehicle falling under Chapter 87 that may be used for movement of waste to WTEP. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ply of service = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n","protected":false},"excerpt":{"rendered":" Clarification regarding GST rates & classification (goods)80\/54\/2018-GST Dated:- 31-12-2018 CGST – Circulars \/ OrdesGSTCircular No. 80\/54 \/2018-GST F. No.354\/432\/2018-TRU Government of India Ministry of Finance Department of Revenue (Tax Research Unit) ***** North Block, New Delhi Dated 31st December, 2018 To, Principal Chief Commissioners\/ Principal Directors General, Chief Commissioners\/ Directors General, Principal Commissioners\/ Commissioners of … Continue reading “Clarification regarding GST rates & classification (goods)”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-15815","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/15815","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15815"}],"version-history":[{"count":0,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/15815\/revisions"}],"wp:attachment":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15815"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15815"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15815"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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\n4. Applicable GST rate on Fish meal and other raw materials used for making cattle\/poultry\/aquatic feed:
\n4.1. Representations have been received seeking clarification regarding GST rate applicable on the other raw materials\/inputs used for making cattle\/poultry\/aquatic feed. The classification dispute here is between the following two entries in the two notifications. The details are as under:
\nNotification
\nTariff Line
\nDescription
\nRate
\nS. No. 102 of notification No. 2\/2017-Central Tax (Rate) dated 28.6.2017
\n2301, 2302, 2308, 2309
\nAquatic feed including shrimp feed and prawn feed, poultry feed & cattle feed, including grass, hay & straw, supplement & husk of pulses, concentrates & additives, wheat bran & de-oiled cake
\nNIL
\nS. No. 103 of notification No. 1\/2017- Central Tax (Rate) da<\/p>\n
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\n4.3 It is accordingly clarified that fish meals, meat cum bone meal (MBM) etc., attract 5% GST under S. No. 103 in notification No. 1\/2017- Central Tax (Rate) dated 28.6.2017
\n5. Applicable GST rate on Animal Feed Supplements\/feed additives from drugs:
\n5.1. Representations have been received seeking clarification regarding GST rate applicable on Animal Feed Supplements\/feed additives from drugs. The dispute is in classification of Animal Feed Supplements\/feed additives from drugs between tariff heading 2309 and 2936.
\n5.2 As per the HSN, 2309 interalia covers reading vitamins and provitamins which improve digestion and, more generally, ensure that the animal makes good use of the feeds and safeguard its health. On the other hand, HS code 2936 coves vitamins and provitamins which are medicinal in nature and have much higher concentration of active substance.
\n5.4 Thus while deciding the classification of the products cla<\/p>\n
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\n6. Applicability of GST on supply of Liquefied Petroleum Gas for Domestic Use:
\n6.1 Representations have been received seeking clarification regarding applicability of GST rate at 5% on LPG supplied by refiners\/fractionators (like GAIL \/ ONGC) to Oil Marketing Companies (OMC) for ultimate supply to household domestic consumers in terms of Ministry of Petroleum and Natural Gas (MoPNG) letter No. P 20023\/2\/2011-PP dated 23<\/p>\n
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\n7. Applicability of GST on supply of Polypropylene Woven and Non-Woven Bags and PP Woven and Non-Woven Bags laminated with BOPP:
\n7.1 Representations have been received seeking the classification and GST rates on Polypropylene Woven and Non-Woven Bags and Polypropylene Woven and Non-Woven Bags laminated with BOPP.
\n7.2 As per the explanatory notes to the HSN to HS code 39.23, the heading covers all articles of plastics commonly used for the packing or conveyance of all kinds of products and includes boxes, crates, cases, sacks and bags.
\n7.3 Further as per the Chapter note to Chapter 39, the expression "plastics" means those materials of headings 39.01 to 39.14 which are or have been capable, either at the moment of polymerization or at some subsequent stage, of being formed under external influence (usually heat<\/p>\n
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\n8.3 Thus, it is clarified that wood logs or any kind of wood in the rough\/timber, including the wood in rough\/log\/timber used for pulping falls under heading 4403 and attract GST at the rate of 18%.
\n9. Applicability of GST on supply of Bagasse based laminated particle board:
\n9.1 Representation has been received seeking clarification on applicability of GST rate on Bagasse based laminated particle board. In this context, it is sated that the Bagasse Board has specific entry at S. No. 92 in Schedule II to the Notification 1\/2017-Central Tax (Rate). Accordingly, the said entry covers Bagasse boards falling under 44 or any other chapter and 12% GST. Further, it is also stated the description “Bagasse board” in the said entry also covers Bagasse board [ whether plain or laminated].
\n9.2 Thus, it is clarified Bagasse <\/p>\n
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\n10.3 Earlier, vide Circular no. 13\/13\/2017-CGST dated 27th October 2017, it has been clarified that mere packing of fabrics into pieces of different lengths will not change the nature of these goods and such pieces of fabrics would continue to be classifiable under the respective heading as the fabric and attract the 5% GST rate. This clarification would equally apply to three pieces of fabrics sold in a pack as ladies salwar suit. Any embroidery on a fabric piece or certain embellishment thereon does not change the basic nature of their being a fabric. The chapter 63 covers garment, including the unstitched garments which may or may not be sufficiently completed to be identifiable as garments or parts of garments. However, heading 6307 would not cover a fabric pieces or a <\/p>\n
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\n11.3 Another related doubt raised is as to how would a supplier satisfy himself that goods falling under Chapter 84, 85 and 94, say a turbine or a boiler, required in a WTEP, would be used in the WTEP. In this context it is clarified that GST is to be self-assessed by a taxpayer. Therefore, he needs to satisfy himself with the requisite document from a buyer such as supply contracts\/order for WTEP from the concerned authorities before supplying goods claiming concession under said entry 234.
\n12. Applicability of GST on supply of Turbo Charger for railways:
\n12.1. Representations have been received seekin<\/p>\n
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\n13.1 As per Circular No. 21\/21\/2017-GST dated 22.11.2017, it was clarified that no IGST would be applicable on such interstate movements of rigs, tools & spares and all goods on wheels. Doubts have been raised regarding applicability of GST on inter-state movement of machinery like tower cranes, rigs, batching plants, concrete pumps and mixers which are not mounted on wheels, but require regular means of conveyance (used by companies in Infrastructure business).
\n13.2 Any inter-state movement of goods for provision of service on own account by a service provider, where no transfer of title in such goods or transfer of goods to the distinct person by way of stock transfer is not involved, does not constitute a supply of such goods. Hence, it is clarified that any such movement on own account (not involving distinct person in terms of section 25), where such movement is not intended for further supply of such goods does not constitute a supply and would not be liable to G<\/p>\n
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