Confidential
Agenda for 15th GST Council Meeting Volume – 2
3 June 2017
Table of Contents
| Agenda No. | Agenda Item | Page No. |
| 3 | Approval of amendments to the draft GST Rules and related Forms 1. Transition Rules 2. Transition Forms | 04 07 |
| 4 | Finalization of the rates of tax and cess to be levied on commodities remaining after the Fitment exercise in the 14th GST Council meeting 1. Brief note on Agenda No. 4 2. Cereals, pulses and flour put up in unit container and bearing a registered brand name 3. Puja samagri, including havan samagri 4. Definition of Handmade matches 5. Biscuits 6. Power driven Agricultural, horticultural, forestry, poultry keeping or bee-keeping machinery, Harvesting or threshing machinery, machines for cleaning, sorting or grading, machinery used in milling industry and parts thereof [8432, 8433, 8436 and 8437]: 7. Footwear – Ch. 64 8. Textiles – Ch. 50 to 63 9. Biri wrapper leaves and Biris 10. Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin – Ch. 71 11. GST tax treatment of Supplies to Canteen Stores Department [CSD], a Government of India undertaking under the Union Ministry of Defence and Supplies from CSD and Unit Run Canteens [URCs]: 12. Addendum to the GST rate Schedule for Goods [As per discussions in the GST Council Meeting held on 18th May, 2017] | 18 19 22 23 24 25 26 28 29 30 35 36 |
| – | Additional Agenda Item – e-Way Bills | 39 |
Discussion on Agenda Items
Agenda Item 3: Approval of amendments to the draft GST Rules and related Forms
TRANSITIONAL PROVISIONS
- Tax or duty credit carried forward under any existing law or on goods held in stock on the appointed day
(1) Every registered person entitled to take credit of input tax under section 140 shall, within ninety days of the appointed day, submit a declaration electronically in FORM GST TRAN-1, duly signed, on the Common Portal specifying therein, separately, the amount of input tax credit to which he is entitled under the provisions of the said section:
Provided that the Commissioner may, on the recommendations of the Council, extend the period of ninety days by a further period not exceeding ninety days.
Provided further that where the inputs have been received from an Export Oriented Unit or a unit located in Electronic Hardware Technology Park, the credit shall be allowed to the extent as provided in sub-rule (7) of rule 3 of the CENVAT Credit Rules, 2004:
[this proviso only in CGST rules] Provided that in the case of a claim under sub-section (1) of section 140, the application shall specify separately—
(i) the value of claims under section 3, sub-section (3) of section 5, sections 6 and 6A and sub-section (8) of section 8 of the Central Sales Tax Act, 1956 made by the applicant and (ii) the serial number and value of declarations in Forms C and/or F and Certificates in Forms E and/or H or Form I specified in rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957 submitted by the applicant in support of the claims referred to in sub-clause (i) above;
(this proviso only in SGST rules)
(2) Every declaration under sub-rule (1) shall: –
(a) in the case of a claim under sub-section (2) of section140, specify separately the following particulars in respect of every item of capital goods as on the appointed day-
(i) the amount of tax or duty availed or utilized by way of input tax credit under each of the existing laws till the appointed day, and
(ii) the amount of tax or duty yet to be availed or utilized by way of input tax credit under each of the existing laws till the appointed day;
(b) in the case of a claim under sub-section (3) or the proviso thereto or clause (b) of sub-section (4) or sub- section (6) or sub-section (8) of section 140, specify separately the details of stock held on the appointed day;
(c) in the case of a claim under sub-section (5) of section 140, furnish the following details—
(i) the name of the supplier, serial number and date of issue of the invoice by the supplier or any document on the basis of which credit of input tax was admissible under the existing law,
(ii) the description and value of the goods or services,
(iii) the quantity in case of goods and the unit or unit quantity code thereof,
(iv) the amount of eligible taxes and duties or, as the case may be, the value added tax [or entry tax] charged by the supplier in respect of the goods or services,
the date on which the receipt of goods or services is entered in the books of account of the recipient.
(3) The amount of credit specified in the application in FORM GST TRAN-1 shall be credited to the electronic credit ledger of the applicant maintained in FORM GST PMT-2 on the Common Portal. (4) (a) (i) A registered person who was not registered under the existing law shall, in accordance with the proviso to sub-section (3) of section 140, be allowed to avail of input tax credit on goods (on which the duty of central excise or, as the case may be, additional duties of customs under sub-section (1) of section 3 of Customs Tariff Act, 1975, is leviable) held in stock on the appointed day in respect of which he is not in possession of any document evidencing payment of central excise duty.
(ii) Such credit shall be allowed at the rate of sixty per cent. on such goods which attract central tax at the rate of nine per cent. or more and forty per cent. for other goods of the central tax applicable on supply of such goods after the appointed date and shall be credited after the central tax payable on such supply has been paid:
Provided that where integrated tax is paid on such goods, the amount of credit shall be allowed at the rate of thirty per cent. and twenty per cent. respectively of the said tax
(iii) The scheme shall be available for six tax periods from the appointed date.
(b) Such credit of central tax shall be availed subject to satisfying the following conditions, namely, –
(i) such goods were not unconditionally exempt from the whole of the duty of excise specified in the First Schedule to the Central Excise Tariff Act, 1985 or were not nil rated in the said Schedule.
(ii) the document for procurement of such goods is available with the registered person.
(iii) the registered person availing of this scheme and having furnished the details of stock held by him in accordance with the provisions of clause (b) of sub-rule (2) of rule 1, submits a statement in FORM GST TRAN 2 — at the end of each of the six tax periods during which the scheme is in operation indicating therein the details of supplies of such goods effected during the tax period.
(iv) the amount of credit allowed shall be credited to the electronic credit ledger of the applicant maintained in FORM GST PMT-2 on the Common Portal.
(v) the stock of goods on which the credit is availed is so stored that it can be easily identified by the registered person.
(In CGST Rules)
(4) (a) (i) A registered person, holding stock of goods which have suffered tax at the first point of their sale in the State and the subsequent sales of which are not subject to tax in the State availing credit in accordance with the proviso to sub-section (3) of section 140 shall be allowed to avail input tax credit on goods held in stock on the appointed day in respect of which he is not in possession of any document evidencing payment of value added tax.
(ii) Such credit shall be allowed at the rate of sixty per cent. on such goods which attract central tax at the rate of nine per cent. or more and forty per cent. for other goods of the State tax applicable on supply of such goods after the appointed date and shall be credited after the State tax payable on such supply has been paid: Provided that where integrated tax is paid on such goods, the amount of credit shall be allowed at the rate of thirty per cent. and twenty per cent. respectively of the said tax (iii) The scheme shall be available for six tax periods from the appointed date.
(b) Such credit of State tax shall be availed subject to satisfying the following conditions, namely, –
(i) such goods were not wholly exempt from tax under the Value Added Tax Act,…..
(ii) the document for procurement of such goods is available with the registered person.
(iii) the registered person availing this scheme and having furnished the details of stock held by him in accordance with the provisions of clause (b) of sub-rule (2) of rule 1, submits a statement in FORM GST TRAN 2— at the end of each of the six tax periods during which the scheme is in operation indicating therein the details of supplies of such goods effected during the tax period.
(iv) the amount of credit allowed shall be credited to the electronic credit ledger of the applicant maintained in FORM GST PMT-2 on the Common Portal.
(v) the stock of goods on which the credit is availed is so stored that it can be easily identified by the registered person.
(4) The amount of credit specified in the application in FORM GST TRAN-1 shall be credited to the electronic credit ledger of the applicant maintained in FORM GST PMT-2 on the Common Portal.
(In SGST Rules of States offering tax on MRP scheme)
2 D eclaration to be made under clause (c) of sub-section (11) of section 142
Every person to whom the provision of clause (c) of sub-section (11) of section 142 applies, shall within a period of sixty days of the appointed day, submit a declaration electronically in FORM GST TRAN-1 furnishing the proportion of supply on which VAT or service tax has been paid before the appointed day but the supply is made after the appointed day, and the ITC admissible thereon.
[Individual States may insert a proviso giving the details of methodology of calculation of the VAT paid which would be available as ITC of State Tax]
3. Declaration of stock held by a principal
Every person to whom the provisions of section 141 apply shall, within sixty days of the appointed day, submit a declaration electronically in FORM GST TRAN-1, specifying therein, the stock of the inputs, semi-finished goods or finished goods held by him on the appointed day.
4. Details of goods sent on approval basis
Every person having sent goods on approval under the existing law and to whom sub-section (12) of section 142 applies shall, within sixty days of the appointed day, submit details of such goods sent on approval in FORM GST TRAN-1.
5. Recovery of credit wrongly availed
The amount credited under sub-rule (3) of rule 1 may be verified and proceedings under section 73 or, as the case may be, section 74 shall be initiated in respect of any credit wrongly availed, whether wholly or partly.
* * * * * * *
DRAFT GOODS AND SERVICES TAX RULES, 2017 TRANSITIONAL PROVISIONS FORMS
Form GST TRAN – 1
(See Rule——)
Transitional ITC / Stock Statement
- GSTIN –
- Legal name of the registered person –
- Trade Name, if any –
- Whether all the returns required under existing law for the period of six months immediately preceding the appointed date have been furnished: – Yes/No
- Amount of tax credit carried forward in the return filed under existing laws:
(a) Amount of Cenvat credit carried forward to electronic credit ledger as central tax (Section 140(1) and Section 140(4)(a))
| Sl. no. | Registration no. under existing law (Central Excise and Service Tax) | Tax period to which the last return filed under the existing law pertains | Date of filing of the return specified in Column no. 3 | Balance cenvat credit carried forward in the said last return | Cenvat Credit admissible as ITC of central tax in accordance with transitional provisions |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Total |
(b) Amount of tax credit carried forward to electronic credit ledger as State/UT Tax (For all registrations on the same PAN and in the same State)
| Sr. no. | Registration no. under the existing law | Tax period to which the last return filed under the existing law pertains | Date of filing of the return specified in column no. 3 | Balance VAT [& Entry Tax] credit carried forward in the return | Credit related to unsubstantiated claims on transactions under CST (pending forms C/F/H/E/I) | Input tax credit admissible as ITC of State/UT tax (Column 5 – Column6) |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Total |
6. Details of statutory forms (mentioned in column no. 6 of Table 5 above) received for which credit is being carried forward
| Amount of carried forward ITC shown in | Details of claim related to section 3, sub-section (3) of section 5, section 6, section 6A or sub-section (8) of section 8 of the Central Sales Tax Act, 1956 | Credit not eligible to be credited to the electronic credit | Credit eligible to be credited to the electronic credit | ||
| the last Return in Rs. | Total claim against Form C, F, H & I during last 3 years (Total turnover involved in such inter-State transactions including BT in Rs.) | Claim duly substantiated in the manner prescribed in Rule 12 of CST Rules, 1957 * | Claim not substantiated in the manner prescribed in Rule 12 of CST Rules, 1957 as per Annexure 1 | ledger on account of non-substantiation of claim as per Annexure 2 | ledger |
| 1 | 2 | 3 | 4 | 5 | 6 (1-5) |
| (Auto populated from Annexure 1) | (Auto populated from Annexure 2) | ||||
Annexure 1
Claim duly substantiated in the manner prescribed in Rule 12 of CST Rules, 1957 (i.e. details of statutory forms already received)
YEAR__________________________(2014-15/15-16/16-17/17-18)
| Claim against C Form | Claim against F Form | Claim against H Form | Claim against I Form | |||||||
| Name of Purchaser | TIN of Purchaser | Sr. No. of Form C | Amount | Name of Person issuing F Form | TIN of Person | Sr. No. of Form F | Amount | |||
| Total | ||||||||||
| | ||||||||||
Annexure 2 Calculation of credit not eligible to be credited to the electronic credit ledger due to non-submission of Form
(Amount in Rs.)
| Sr. No. | Particulars | C FORM | F FORM | H FORM | I FORM |
| 1. | Amount of pending claims (i.e. turnover) on account of non-submission of Form | ||||
| 2. | Amount of tax levied, if any, on such turnover | ||||
| 3. | Amount of ITC denied, if any (Varies from State to State) | ||||
| 4. | Total tax burden on such pending claim | ||||
| 5. | Details ITC claimed on intra-State purchases of taxable goods that is involved in such claim | ||||
| 5A | (i) Amount of taxable purchase having 5% rate of tax | ||||
| (ii) Amount of ITC claimed on such purchase | |||||
| 5B | (i) Amount of taxable purchase having 15% rate of tax | ||||
| (ii) Amount of ITC claimed on such purchase | |||||
| 5C | (i) Amount of taxable purchase having……… % rate of tax | ||||
| (ii) Amount of ITC claimed on such purchase | |||||
| 6. | Total ITC Claimed (= 5A(ii) + 5B(ii) + 5C(ii) +………………………………………………………………………… ) | ||||
| 7. | Total ITC utilized (6-4) | ||||
| 8. | Total ITC remained un-utilized (6-7) | ||||
7. Details of capitals goods for which unavailed credit has not been carried forward under existing law (section140(2)).
(a) Amount of unavailed cenvat credit in respect of capital goods carried forward to electronic credit ledger as central tax
| Sr. no | Invoice / Docum ent no. | Invoice / docume nt Date | Supplier’s registratio n no. under existing law | Recipients’ registration no. under existing law | Details of capital goods on which credit has been partially availed | Total eligible cenvat credit under existing law | Total cenvat credit availed under existing law | Total cenvat credit unavailed under existing law (admissible as ITC of central tax) (9- 10) | ||
| Value | Duties and taxes paid | |||||||||
| ED/ CVD | SAD | |||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
| Total | ||||||||||
(b) Amount of unavailed input tax credit carried forward to electronic credit ledger as State/UT tax (For all registrations on the same PAN and in the same State)
| Sr. no | Invoice / | Invoice / | Supplier’s registratio | Recipients’ registration | Details regarding capital goods on which credit is not availed | Total eligible | Total VAT [and | Total VAT [and ET] credit | |
| Docum ent no. | docume nt Date | n no. under existing law | no. under existing law | Value | Taxes paid VAT [and ET] | VAT [and ET] credit under existing law | ET] credit availed under existing law | unavailed under existing law (admissible as ITC of State/UT tax) (8-9) | |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Total | |||||||||
- Details of the inputs held in stock in terms of sections 140(3), 140(4)(b) and 140(6).
(a) Amount of duties and taxes on inputs claimed as credit excluding the credit claimed under Table 5(a) and 7(a)
| Sr. no. | Details of inputs held in stock or inputs contained in semi-finished or finished goods held in stock | ||||
| HSN (at 6- digit level) | Unit | Qty. | Value | Eligible Duties paid on such inputs | |
| 1 | 2 | 3 | 4 | 5 | 6 |
| 8A Where duty paid invoices are available | |||||
| Inputs | |||||
| Inputs contained in semi-finished and finished goods | |||||
| 8B Where duty paid invoices are not available (Applicable only for person other than manufacturer or service provider) – Credit in terms of Rule 3(a)(i) | |||||
| Inputs | |||||
(b) Amount of vat and entry Tax paid on inputs supported by invoices/documents evidencing payment of tax carried forward to electronic credit ledger as SGST/UTGST
| Sr. no. | Invoice/ docume nt no. | Invoice/ docume nt date | Supplier reg. no. under earlier laws | Name of supplier | Recipient s reg. no. under earlier laws | Details of inputs in stock | Total input tax credit claimed under earlier law | Total input tax credit related to exempt sales not claimed under earlier law | Total Input tax credit admissible as SGST/UTGS T | ||||||
| Descript ion | Unit | Qty | Type of stock(input s/semi- finished/Fi nished) | Value | Taxes paid | ||||||||||
| VAT | Entry tax | ||||||||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 |
| Total | |||||||||||||||
(c) Details of inputs held on appointed day not supported by invoices/documents evidencing payment of tax (SGST Act)
| Sr. no. | Invoice/d ocument no. | Invoice/docume nt Date | Supplier reg. no. under earlier laws | Name of supplier | Recipients reg. no. under earlier laws | Details of Inputs in stock | |||
| Description | Unit | Quantity | Value | ||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Total | |||||||||
9. Details of inputs or input services received on or after appointed day but duty and taxes has been paid under existing law under Section 140(5)
| Sr. | Invoice/do | Invoice/do | Supplier’s | Recipient’s | Details of Inputs / input services | |||
| no. | cument no. | cument date | reg. no. under existing laws | reg. no. under existing laws | Value | Amount of eligible Duties and Taxes | ||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | ||
| Inputs | ||||||||
| Input Services | ||||||||
| Total | ||||||||
Details of description and quantity of inputs / input services as well as date of receipt of goods or services (as entered in books of accounts) is also required.
10. Details of description and quantity of inputs / input services as well as date of receipt of goods or services (as entered in books of accounts) is also required.
| Sl. no. | Registration no. under existing law (Centralized) | Tax period to which the last return filed under the existing law pertains | Date of filing of the return specified in Column no. 3 | Balance eligible cenvat credit carried forward in the said last return | GSTIN of receivers (same PAN) of ITC of CENTRAL TAX | Distribution docume /invoice | ITC of CENTRAL TAX transferred | |
| No. | Date | |||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| Total | ||||||||
11. Details of goods sent as principal to the job worker under section 141
| Sr. No. | Challan No. | Challan date | Type of goods (inputs/ semi-finished/ finished) | Details of goods with job- worker | ||||
| HSN | Description | Unit | Quantity | Value | ||||
| 1 | 2 | 3 | 4 | 7 | 8 | 9 | 10 | 11 |
| GSTIN of Job Worker, if availabl | ||||||||
| Total | ||||||||
12. Details of goods held in stock as job worker on behalf of the principal under section 141
| Sr. No. | Challan No. | Challan Date | Type of goods (inputs/ semi-finished/ finished) | Details of goods with job- worker | ||||
| HSN | Description | Unit | Quantity | Value | ||||
| 1 | 2 | 3 | 4 | 7 | 8 | 9 | 10 | 11 |
| GSTIN of Manufacturer | ||||||||
| Total | ||||||||
13. Details of credit availed in terms of Section 142 (11 (c ))
| Sr. no. | Registrati on No of VAT | Service Tax Registratio n No. | Invoice/doc ument no. | Invoice/ docume nt date | Tax Paid | VAT paid Taken as SGST Credit or Service Tax paid as CENTRAL TAX Credit |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Total |
14. Details of goods sent on approval basis six months prior to the appointed day (section 142(12))
| Sr No. | Document no. | Document date | GSTIN no. of recipient, (if applicable) | Name & address of recipient | Details of goods sent on approval basis | ||||
| HSN | Description | Unit | Quantity | Value | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Total | |||||||||
Verification (by authorized signatory)
I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed therefrom
Signature
Place Name of Authorized Signatory ….……………………
Date Designation /Status……………………………………
Form GST TRAN – 2
(See Rule——-)
- GSTIN –
- Name of Taxable person –
- Tax Period : month……. year………
- Details of inputs held on stock on appointment date in respect of which he is not in possession of any invoice/document evidencing payment of tax carried forward to Electro
| Opening stock for the tax period | Outward supply made | Closing balance | ||||||
| HSN (at 6 digit level) | Unit | Qty. | Qty | Value | Central Tax | Integrate d Tax | ITC allowed | Qty |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
Verification (by authorized signatory)
I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed therefrom
Signature
Place Name of Authorized Signatory ….……………………
Date Designation /Status……………………………………
Agenda Item 4: Finalization of the rates of tax and cess to be levied on commodities remaining after the Fitment exercise in the 14th GST Council meeting
- GST rates for supply of certain goods: The Hon’ble GST Council in its 14th Meeting on 18th and 19th May, 2017, while discussing the GST rates for supply of goods, had decided to discuss GST rates in respect of the following commodities/commodity groups in its next meeting:
(i) Biri wrapper leaves (tendu patta) – Ch. 14
(ii) Biscuits – Ch.19
(iii) Biris – Ch. 24
(iv) Textiles – Ch. 50 to 63
(v) Footwear – Ch. 64
(vi) Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin – Ch. 71
(vii) Power driven Agricultural, horticultural, forestry, poultry keeping or bee- keeping machinery, Harvesting or threshing machinery, machines for cleaning, sorting or grading, machinery used in milling industry and parts thereof [8432, 8433, 8436 and 8437]
(viii) Cereals and flour put up in unit container and bearing a registered brand name.
(ix) Puja samagri including havan samagri will be under Nil category. However, the exact specifications for the same will be finalised.
- This Agenda note gives certain factual details on the aforesaid commodities/commodity groups so as to facilitate the discussions regarding GST rates for them.
- Subsequent to the putting on website the GST rates approved by the GST Council, certain discrepancies have been noticed in the rate schedule. To rectify such discrepancies an addendum is being circulated.
- In addition, this Agenda also proposes definition of handmade matches and a note on GST concession for supplies to Canteen Stores Department of Armed Forces.
2. Cereals, pulses and flour put up in unit container and bearing a registered brand name:
2.1 Table below gives an illustrative list of some such items sold packed in unit container and bearing a registered brand name. The table also compares the prices of branded goods either with the retail prices as per Department of Consumer Affairs [DoCA], or with the lowest price of branded goods.
| S. No. | Wheat Flour | Price | Qty (kg.) | Retail Price (MRP) per Kg. | Variation from DoCA price (Rs. per Kg) | % variation w.r.t DOCA retail price | Brand/ Registered TradeMark Owned by | Brand /Registered Trademark/ Label/ Device registered with CGPDT | ||
| 1 | Average Retail Price as per DoCA | 24.51 | 1 | 24.51 | ||||||
| 2 | Ashirvaad shudh Chakki Whole wheat | 330 | 10 | 33 | 8.49 | 35% | ITC Ltd. | | ||
| 3 | Patanjali Whole wheat Atta | 300 | 10 | 30 | 5.49 | 22% | Patanjali Ayurved Ltd. | | ||
| 4 | Nature Fresh Chakki Atta | 340 | 10 | 34 | 9.49 | 39% | Cargill India Pvt. Ltd. | | ||
| 5 | Pillsbury Multigrain Atta | 245 | 5 | 49 | 24.49 | 100% | The Pillsbury Company LLC | |||
| 6 | Rajdhani whole Wheat Chakki fresh | 350 | 10 | 35 | 10.49 | 43% | Victoria Foods Pvt Ltd. | | ||
| 7 | Aashirvaad select superior sharbati Wheat atta | 480 | 10 | 48 | 23.49 | 96% | ITC Ltd. | | ||
| 8 | Organic Tattva Wheat Atta | 280 | 5 | 56 | 31.49 | 128% | Mehrotra Consumer Products Pvt. Ltd. | | ||
| 9 | 24 Mantra organic whole Wheat | 260 | 5 | 52 | 27.49 | 112% | Sresta Natural Bioproducts Pvt.Ltd | | ||
| 10 | Pro nature whole Wheat | 290 | 5 | 58 | 33.49 | 137% | Pro Nature Organic Foods Pvt Ltd | |||
| S. No. | Maida | Price | Qty kg. | Retail Price (MRP) Rs. per Kg. | Variation from cheapest branded maida (Rs. per Kg) | % variation with reference to cheapest branded maida | Brand/ Registered TradeMark Owned by | Brand /Registered Trademark/ Label/ Device registered with CGPDT | ||
| 1 | Rajdhani Maida | 30 | 0.5 | 60 | Victoria Foods Pvt Ltd. | |||||
| 2 | Ecolife Organic Maida | 55 | 0.5 | 110 | 50 | 367% | Nature Bio Foods Ltd. | Word Mark | ||
| 3 | Organic tattva Maida | 55 | 0.5 | 110 | 50 | 367% | Mehrotra Consumer Products Pvt. Ltd. | | ||
| Daliya | Price | Qty (kg.) | Maximum Retail Price (MRP) per Kg. | Variation from cheapest branded maida (Rs. per kg.) | % variation with reference to cheapest branded maida | Brand/ Registered TradeMark Owned by | Brand /Registered Trademark/ Label/ Device registered with CGPDT | |||
| 1 | Rajdhani Daliya | 30 | 0.5 | 60 | Victoria Foods Pvt Ltd. | | ||||
| 2 | Ecolife Organic Daliya | 48 | 0.5 | 96 | 36 | 60% | Nature Bio Foods Ltd. | Word Mark | ||
| 3 | Best Value wheat daliya | 35 | 0.5 | 70 | 10 | 17% | Grofers India Pvt. Ltd. | | ||
| 4 | Organic tattva wheat daliya | 55 | 0.5 | 110 | 50 | 83% | Mehrotra Consumer Products Pvt. Ltd. | | ||
| Rice | Price | Qty (kg.) | Price per Kg. | Variation from cheapest branded basmati rice per kg. | % variation w.r.t cheapest branded basmati rice | Brand/ Registered TradeMark Owned by | Brand /Registered Trademark/ Label/ Device registered with CGPDT | |||
| 1 | Kohinoor charminar rozana basmati | 79 | 1 | 79 | Kohinoor Flour Mills Ltd. | | ||||
| 2 | Patanjali samriddhi Basmati Rice | 790 | 5 | 158 | 79 | 100% | Patanjali Ayurved Ltd. | | ||
| 3 | 24 Mantra organic rice | 89 | 1 | 89 | 10 | 13% | Sresta Natural Bioproducts Pvt.Ltd | | ||
| 4 | Kohinoor everyday basmati | 439 | 5 | 88 | 9 | 11% | Kohinoor Flour Mills Ltd. | |||
| 5 | Patanjali Basmati XXL Rice | 540 | 5 | 108 | 29 | 37% | Patanjali Ayurved Ltd. | | ||
| 6 | Patanjali Dhanashree Basmati | 440 | 5 | 88 | 9 | 11% | Patanjali Ayurved Ltd. | | ||
3. Puja samagri, including havan samagri:
3.1 Puja samagri, including havan samagri, is proposed to kept under Nil GST rate.
3.2 As per the list provided by Uttar Pradesh, puja samagri includes items as under:
(i) Incense sticks commonly known as agarbatti, dhupkathi or dhupbatti [proposed GST rate 12%];
(ii) Sambhrani or lobhana [proposed GST rate 12%];
(iii) Rudraksha, rudraksha mala, tulsi kanthi mala, panchgavya (mixture of cowdung, desi ghee, milk and curd);
(iv) Sacred thread (commonly known as yagnopavit);
(v) Wooden khadau;
(vi) Panchamrit,
(vii) Vibhuti sold by religious institutions,
(viii) Unbranded honey [proposed GST Nil]
(ix) Wick for diya.
(x) Misri, batasha, bura [proposed GST rate 18%];
3.3 Goods like incense sticks commonly known as agarbattis, dhupkathi or dhupbatti, sambhrani or lobhana are manufactured items and exempting them from GST will put domestic manufacturers of such goods at a disadvantage vis-a-vis imports. [proposed GST rate 12%].
3.4 Thus, except
(i) Incense sticks commonly known as agarbattis, dhupkathi or dhupbatti [proposed GST rate 12%],
(ii) Sambhrani or lobhan [proposed GST rate 12%],
(iii) Mishri, batasha, bura [proposed GST rate 18%]
all other goods, namely, –
(i) Rudraksha, rudraksha mala, tulsi kanthi mala, panchgavya (mixture of cowdung, desi ghee, milk and curd);
(ii) Sacred thread (commonly known as yagnopavit);
(iii) Wooden khadau;
(iv) Panchamrit,
(v) Vibhuti sold by religious institutions,
(vi) Unbranded honey [proposed GST Nil]
(vii) Wick for diya.
may be kept at Nil GST, as part of Puja samagri.
3.5 In addition, lobhan, mishri, batasha may be kept at 5% [the GST rate for natural resin/sugar].
4. Definition of Handmade matches:
4.1 Handmade matches are proposed to be kept at 5%. The following definition as it exists for the purposes of exemption from central excise duty is proposed to be adopted:
“Matches, in or in relation to the manufacture of which, none of the following processes is ordinarily carried on with the aid of power, namely: –
(i) frame filling;
(ii) dipping of splints in the composition for match heads;
(iii) filling of boxes with matches;
(iv) pasting of labels on match boxes, veneers or cardboards;
(v) packaging.”
5. Biscuits – Chapter 19:
| Type of biscuits | Excise Duty Rate / embedded excise duty | Post- clearance Service Tax embedding | Headline / Weighted Average VAT Rate | CST, Entry Tax, Octroi, etc. | Present Incidence | Proposed GST Rate by the Fitment Committee |
| Low priced Biscuits [RSP equivalent not exceeding Rs.100 per kg.] | 3.07% | – | 14.5% | 2.50% | 20.6% with Octroi, etc. 18.1% without Octroi, etc. | 18% |
| Other biscuits | 6% | 0.14% | 14.5% | 2.50% | 23.11% with Octroi, etc. 20.61% without Octroi, etc. | 18% |
6. Power driven Agricultural, horticultural, forestry, poultry keeping or bee-keeping machinery, Harvesting or threshing machinery, machines for cleaning, sorting or grading, machinery used in milling industry and parts thereof [8432, 8433, 8436 and 8437]:
| Chapter heading | Excise Duty Rate / embedded excise duty | Post- clearance Service Tax embedding | Headline / Weighted Average VAT Rate | CST, Entry Tax, Octroi, etc. | Present Incidence | Proposed GST Rate by the Fitment Committee |
| 8432, 8433, 8436 Agricultural, horticultural, etc. machinery | 5% | 0.09% | 6.2% | 2.50% | 13.79% with Octroi, etc. 11.29% without Octroi, etc. | 12% |
| 8437 Cleaning, sorting, grading machinery, Milling machinery | 0% [Actual embedding will be more or less same as other agricultural machinery. The excise duty drawback not worked out as there was no request from industry] | 0.09% | 6.2% | 2.50% | 8.79% with Octroi, etc. 6.29% without Octroi, etc. | 12% |
7. Footwear – Ch. 64:
7.1 Excise duty Structure
| Description | Retail Sale Price (RSP) | Rate excise of duty | Total tax incidence | Proposed GST rate |
| All footwear | Less than Rs.500 per pair | NIL [Embedded Taxes 5.04%] | 9.5% [5.04% Excise embedded+ 2% VAT embedded + 2.5% CST, Octroi etc.] | 12% |
| All footwear | More than Rs.500 and less than Rs.1000 per pair | 6% | 23.1% [6.14% Excise + 14.5% VAT + 2.5% CST, Octroi etc.] | 18% |
| Leather footwear | More than Rs.1000 per pair | 6% | 23.1% [6.14% Excise + 14.5% VAT + 2.5% CST, Octroi etc.] | 18% |
| All footwear [other than leather footwear] | More than Rs.1000 per pair | 12.5% | 29.58% [12.64% Excise + 14.5% VAT + 2.5% CST, Octroi etc.] | 18% |
7.2 VAT Structure
| State | Exempt/lower rate With description | Higher Rate |
| Bihar | 5% Plastic footwear/parts | 15% |
| Jharkhand | 0% Rubber Chappal | |
| 5% Plastic footwear/parts | 15% | |
| Karnataka | 0% Upto Rs 500 [plastic footwear, rubber] | 14.5% |
| 5.5% Single moulded plastic above Rs 500 | – | |
| WB | 5% Hawai Chappal, plastic, EVA footwear | |
| 5% Other than above footwear Up to Rs 750 | 14.50% | |
| Gujarat | 5% Plastic footwear | 14.50% |
| Kerala | 5% Up to Rs 500 | 14.50% |
| UP | 0% Up to Rs 300 | |
| 5% Plastic moulded and Hawai above Rs 300 | 14.50% | |
| JK | 5% Plastic moulded and Hawai Chappal | 14.50% |
| Haryana | 0% Upto Rs 500 | 13.13% |
| Punjab | 5% Upto Rs 250 | 14.50% |
| Tamil Nadu | 0% Upto Rs 201 | 14.50% |
| Rajasthan | 0% Upto to Rs 500 | 14.50% |
| Chhattisgarh | 0% Upto to Rs 250 | 14.50% |
| MP | 0% Upto Rs. 250 | 14.50% |
| Uttarakhand | 5% Hawai moulded | 14.5% |
7.3 Imports
Rs. Crore
| Financial Year | CTH (2-Digit) | CVD Rate | Assessable Value | CVD Paid |
| 20152016 | 64 | 0.00 | 975 | 0.00 |
| 20152016 | 64 | 6.00 | 258 | 40 |
| 20152016 | 64 | 12.50 | 1233 | 470 |
| Grand Total | 2466 | 511 | ||
7.4 Domestic factory gate value
Rs. Crore
| Financial Year | Chapter | Duty rate | Assessable Value | Duty collected | ||
| Cash | Credit | Total | ||||
| 20152016 | 64 | Nil | 2802 | — | — | — |
| 20152016 | 64 | 6.00 | 3266 | 121 | 57 | 178 |
| 20152016 | 64 | 12.50 | 1727 | 79 | 50 | 129 |
| Grand Total | 7790 | 200 | 107 | 307 | ||
7.5 Value of imports at 12.5% of CVD is less than the domestic production. However, CV duty is more because of higher MRP of imported footwear.
8. Textiles – Ch. 50 to 63:
8.1 Present tax incidence and proposed GST rates [have already been circulated]
8.2 The CVD collection on imports during 2016-17:
Rs. Crore
| Chapter | Description | CVD Rate | Assessable Value | CVD Payable |
| 50 | Silk yarn and fabrics | 12.5% | 307 | 28 |
| 51 | Wool fibres and fabrics | 12.5% | 227 | 11 |
| 52 | 100% Cotton yarn and fabrics | 6% | 276 | 9 |
| 52 | Blended cotton yarn and fabrics | 12.5% | 678 | 10 |
| 53 | Other vegetable fibres and fabrics | 12.5% | 464 | 28 |
| TOTAL | 1418 | 47 | ||
| 54 | Man-made filaments/fibres and man-made textile materials | 12.5% | 4593 | 419 |
| 55 | Manmade staple fibres | 12.5% | 3475 | 293 |
| TOTAL | 8068 | 712 | ||
| 56 | Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables and articles thereof | 12.5% | 1540 | 187 |
| 57 | Carpets and other textile floor coverings | 12.5% | 427 | 44 |
| 58 | Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery | 12.5% | 519 | 41 |
| 59 | Impregnated, coated, covered or laminated textile fabrics; textile articles of a kind suitable for industrial use | 12.5% | 4382 | 440 |
| 60 | Knitted or crocheted fabrics | 12.5% | 2739 | 303 |
| TOTAL | 9607 | 1016 | ||
| 61 | Articles of apparel and clothing accessories, knitted or crocheted | 12.5% | 1597 | 398 |
| 62 | Articles of apparel and clothing accessories, not knitted or crocheted | 12.5% | 1943 | 495 |
| 63 | Other made up textile articles, sets, worn clothing and worn textile articles; rags | 12.5% | 1477 | 197 |
| TOTAL OF GARMENTS AND MADE UPS | 5017 | 1091 | ||
| Total CVD collected | ||||
8.3 Excise collection during 2016-17:
Crore Rs.
| Central Excise Duty 2016-17 | |||
| Chapter | Commodity | Cash | Credit |
| 54 | Synthetic filament yarn [Excise duty @ 12.5%] | 312 | 3781 |
| 55 | M/M fibres & yarn [Excise duty @ 12.5%] | 276 | 1662 |
| 54, 55 | Manmade fabrics | 10 | 61 |
| 52 | Cotton Yarn & fabrics | 5 | 100 |
| TOTAL | 603 | 5604 | |
9. Biri wrapper leaves and Biris
9.1 Biri wrapper leaves (tendu patta) – Ch. 14:
| Embedded excise duty | Post- clearance Service Tax embedding | Headline /Weighted Average VAT Rate | CST, Entry Tax, Octroi, etc. | Present Incidence | GST Rate recommended by the Fitment Committee | Rate suggested by Madhya Pradesh |
| 0.85% | 0.14% | 5% | 2.50% | 8.41% with Octroi, etc. 5.91% without Octroi, etc. | 5% | 28% |
(i) Biris – Ch. 24:
a) Excise duty = 3.72%
b) Weighted average VAT rate = 19.46%
c) CST, Octroi, etc. = 2.5%
d) Total tax incidence = 25.68%
e) Proposed GST rate – 28%
10. Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin – Ch. 71:
| Heading | Description | Excise duty rate |
| 7101 | Pearls, natural or cultured, whether or not worked or graded but not strung, mounted or set; Pearls, natural or cultured, temporarily strung for convenience of transport | Nil |
| 7102 | Diamonds, whether or not worked, but not mounted or set | Nil |
| 7103 | Precious stones (other than diamonds) and semi- precious stones, whether or not worked or graded but not strung, mounted or set; ungraded precious stones (other than diamonds) and semi-precious stones, temporarily strung for convenience transport | Nil |
| 7104 | Synthetic or reconstructed precious or semi- precious stones, whether or not worked or graded but not strung, mounted or set; Ungraded synthetic or reconstructed precious stones, temporarily strung for convenience of transport | Nil |
| 7105 | Dust and powder of natural or synthetic precious or semi – precious stones | 6% |
| 7106 | Silver (including silver plated with gold or platinum), unwrought or in semi – manufactured forms, or in powder form | Silver manufactured from Silver ore or concentrate; Silver dore bar; gold dore bar; or during the process of copper smelting, zinc or lead smelting, attracts duty of 8.5%. However, CVD on Silver is Nil. |
| 7107 | Base metals clad with silver, not further worked than semi – manufactured | 12.5% |
| 7108 | Gold (including gold plated with platinum) unwrought or in semi – manufactured forms, or in powder form | Gold bars manufactured from gold ore or concentrate; Gold dore bar; Silver dore bar; or during the process of copper smelting, zinc or lead smelting, attracts duty of 9.35%. |
| 7109 | Base metals or silver, clad with gold, not further worked than semi – manufactured | 12.5% |
| 7110 | Platinum, unwrought or in semi – manufactured form, or in powder form | 12.5% |
| 7111 | Base metals, silver or gold, clad with platinum, not further worked than semi-manufactured | 12.5% |
| 7113 | Articles of jewellery and parts thereof, of precious metal or of metal clad with precious metal | 1% (without input tax credit) or 12.5% with input tax credit |
| 7113 | Articles of silver jewellery, other than those studded with diamond, ruby, emerald or sapphire are exempted. | Nil |
| 7114 | Articles of goldsmiths’ or silversmiths’ wares and parts thereof, of precious metal or of metal clad with precious metal | 1% (without input tax credit) or 12.5% with input tax credit |
| 7115 | Other articles of precious metal or of metal clad with precious metal | 12.5% |
| 7116 | Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or re- constructed) | 12.5% |
| 7117 | Imitation jewellery | 6% |
| 7118 | Numismatic Coins | Nil |
10.2 VAT Rates for Jewellery in different States:
| S. No. | State | Rate |
| 1. | Andhra Pradesh | 1% |
| 2. | Arunachal Pradesh | 1% |
| 3. | Assam | 1% |
| 4. | Bihar | 1% |
| 5. | Chhattisgarh | 1% |
| 6. | Chandigarh | 1% |
| 7. | Dadra & Nagar Haveli | 1% |
| 8. | Daman & Diu | 1% |
| 9. | Delhi | 1% |
| 10. | Goa | 1% |
| 11. | Gujarat | 1% |
| 12. | Haryana | 1% |
| 13. | Himachal Pradesh | 1% |
| 14. | Jammu & Kashmir | 1% |
| 15. | Jharkhand | 1% |
| 16. | Karnataka | 1% |
| 17. | Kerala | 5% |
| 18. | Madhya Pradesh | 1% |
| 19. | Maharashtra | 1.2% |
| 20. | Manipur | 1% |
| 21. | Meghalaya | 1% |
| 22. | Mizoram | 1% |
| 23. | Nagaland | 1% |
| 24. | Odisha | 1% |
| 25. | Puducherry | 1% |
| 26. | Punjab | 1% |
| 27. | Rajasthan | 1% |
| 28. | Sikkim | 1% |
| 29. | Tamil Nadu | 1% |
| 30. | Telangana | 1% |
| 31. | Tripura | 2% |
| 32. | Uttar Pradesh | 1% |
| 33. | Uttarakhand | 1% |
| 34. | West Bengal | 1% |
10.3 VAT Rates for diamond and other precious and semi-precious stones in different States: VAT rates applicable to diamonds and precious and semi- precious stones in different States are same as that for jewellery, except in case of Gujarat, which has Nil VAT on rough diamonds.
10.4 Market size:
10.4.1 Articles of jewellery and other articles of precious metals:
(i) Total jewellery market size in India is about Rs. 4.5 lakh crore.
(ii) Gold consumption in Jewellery sector was 527 MT during 2016-17 as against 606 MT during 2015-16
(iii) As per report of the GST Revenue Neutral Rate Committee, consumption of gold by top 2 income deciles account for about 80% of the total consumption, while consumption by bottom 4 deciles is only 0.2%.
(iv) Simultaneously, it is by nature an evasion prone commodity and, thus, linked to black money generation.
10.4.2 Imports of Gold Jewellery:
Rs Crore
| Description | 2015- 16 | 2016-17 ( Up to Feb) |
| JEWELLERY OF GOLD UNSET | 2,526 | 292 |
| JEWELLERY OF GOLD SET WITH PEARLS | 3 | 13 |
| JEWELLERY OF GOLD SET WITH DIAMOND | 1,214 | 956 |
| JEWELLERY OF GOLD SET WITH PRECIOUS AND SEMI PRECIOUS STONES OTHER THAN DIAMONDS | 65 | 67 |
| JEWELLERY OF PLATINUM GROUP METALS UNSET | 21 | 18 |
| Grand Total | 3,829 | 1345 |
10.4.3 Exports of Gold Jewellery:
Rs Crore
| Description | 2015-16 | 2016-17 (Upto Feb) |
| JEWELLERY OF GOLD UNSET | 23,998 | 23,355 |
| JEWELLERY OF GOLD SET WITH PEARLS | 359 | 140 |
| JEWELLERY OF GOLD SET WITH DIAMOND | 23,202 | 21,254 |
| JEWELLERY OF GOLD SET WITH PRECIOUS AND SEMI PRECIOUS STONES OTHER THAN DIAMONDS | 3,792 | 3,706 |
| Total | 51,352 | 48,455 |
10.5 Precious metals:
Gold and Silver imports during 2015-16 and 2016-17
Rs. Crore
| Financial year | Quantity (in Kg) | Value |
| Gold | ||
| 2015-16 | 929167 | 197255 |
| 2016-17 | 716418 | 167316 |
| Silver | ||
| 2015-16 | 6740444 | 21636 |
| 2016-17 | 2121620 | 7749 |
10.6 Diamonds: Imports and exports
Rs Crore
| Description | Imports value | Exports value | ||
| 2015-16 | 2016-17 (Upto Feb) | 2015-16 | 2016-17 (Upto Feb) | |
| Rough Diamonds | 92368 | 101418 | 9170 | 9579 |
| Cut and polished diamonds | 17758 | 14129 | 133379 | 139263 |
10.7 Precious and semi-precious stones: Imports and exports
Rs Crore
| Description | Imports value | Exports value | ||
| 15-16 | 2016-17 ( upto Feb) | 15-16 | 2016-17 (upto Feb) | |
| EMERALDS, UNCUT | 664 | 1597 | 194 | 190 |
| RUBY AND SAPPHIRE, UNCUT | 1,058 | 1109 | 5 | 37 |
| OTHR PRCS STONE (E.G. AQUAMARINE CHRISOBARYLE-TOPAZ ETC) UNCUT | 36 | 219 | 11 | 2 |
| OTHER SEMI PRECIOUS STONE UNCUT | 738 | 641 | 94 | 42 |
| OTHERWISE WRKD RUBIES SAPPHIRES AND EMERALS | 8,062 | 8797 | 1594 | 1619 |
| OTHER STONE CUT (TOPAZ AQUAMARINE ETC) | 266 | 241 | – | – |
11. GST tax treatment of Supplies to Canteen Stores Department [CSD], a Government of India undertaking under the Union Ministry of Defence and Supplies from CSD and Unit Run Canteens [URCs]:
11.1 The Canteen Stores Department [of Armed Forced], CSD as it is commonly referred to, was created to provide ‘easy access to quality products of daily use, at prices less than market rates’ to the soldiers, ex-servicemen and their families. It is not driven by the profit motive.
11.2 The Department has 34 depots strategically located across India. This is the core strength of the CSD, which puts its operation in close proximity to the thousands of URCs it has mandated to serve. These Depots are the hub of the CSD chain.
11.3 Presently, CSD enjoys partial or full exemption, as the case may be, which varies from State to State, on procurements by CSD, supplies by CSD to the URCs and supplies by URCs to the customers.
11.4 During 2015-16
a) Sales = Rs. 15,828 crore
b) Sales net of liquor sales = Rs. 13,421 crore
c) Total VAT exemption benefit on non-liquor sales = Rs. 1376 crore
d) % VAT concession on items other than liquor = 10.3%.
11.5 Thus, Hon’ble GST Council may like to consider, 50% concession from GST on supplies to CSD, which will result in concessional rate of 2.5%, 6%, 9% and 14% [with resultant concessions of 2.5%, 6%, 9% and 14%]. No concession may, however, be extended from Compensation Cess.
11.6 At present, there is no excise duty concession on supplies to CSD. However, in GST it would be advisable that the cost of concessions to CSD is equally borne by the Centre and States.
11.7 If the above proposal is accepted then we will have to issue:
a) A notification under section 55 of the CGST/SGST Acts, providing for refund of 50% of GST to CSD;
b) Exempt 50% of GST payable on supplies [sales] made by CSD to Unit Run Canteens
c) Exempt 50% of GST payable on supplies [sales] made by CSD or Unit Run Canteens to final consumer.
12. Addendum to the GST rate Schedule for Goods [As per discussions in the GST Council Meeting held on 18th May, 2017]
The following amendments / additions are required to be made to the aforesaid document:
- In Chapter 15, in the 18% rate column, the part entry from 1517 relating to edible mixtures of vegetable fats or oils, that is “edible mixtures or preparations of vegetable fats or vegetable oils or of fractions of different vegetable fats or vegetable oils of this Chapter, other than edible fats or oils or their fractions of heading 1516 [1517]” may be shifted to the 5% rate column [wherein all vegetable fats and vegetable oils at 5%]. [This will ensure that mixtures of two or more varieties of edible vegetable oils fall at 5%.]
- In Chapter 29, in the 18% rate column, after the entry No 39 the following entries shall be inserted,
(i) “40 – 2939 Alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives
(ii) 41 – 2940 Sugars, chemically pure, other than sucrose, lactose, maltose, glucose and fructose; sugar ethers, sugar acetals and sugar esters, and their salts, other than products of headings 2937, 2938 or 2939
(iii) 42 – 2941 Antibiotics
(iv) 43 – 2942 Other organic compounds”
All goods falling under chapter 29 [organic chemicals, being intermediates] are at 18% [These were omissions] - In Chapter 31, in the 5% rate column, the entries “3101 Organic manure put up in unit containers and bearing a brand name” may be added. [3101 Organic manure other than put up in unit containers and bearing a brand name is at Nil]. [This was an omission.]
- In Chapter 34, in the 28% rate column, the entry “3404 Artificial waxes and prepared waxes” may be omitted. These goods [being in the nature of intermediates] are covered in the 18% rate column. [By mistake it was appearing in 28% also.]
- In Chapter 38, in the 18% rate column, for the entry No 18 the entry “3823 Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols” shall be substituted. [There is typographical error in the description.]
- In Chapter 40,
i. in the 12% rate column, the entry “4 – Erasers [4016].” may be added.
ii. in the 18% rate column, the entry No. 12 “Erasers [4016].” may be omitted. [Mathematical boxes, geometry boxes and colour boxes, pencil sharpeners (7310 or 7326) and Pencils, crayons (9609) are at 12%]. - In Chapter 48, in the 18% rate column, for the part entry in 4811 i.e. for the words “[Other aseptic packaging paper and”, the words “[other than aseptic packaging paper]” shall be substituted. [Aseptic packaging paper 4811 is covered in the 12% rate column. There was a small mistake of missing word, ‘than’ after the word ‘other’.]
- In Chapter 69, –
i. In the 28% rate column, the entry “6903 Other refractory ceramic goods (for example, retorts, crucibles, muffles, nozzles, plugs, supports, cupels, tubes, pipes, sheaths and rods), other than those of siliceous fossil meals or of similar siliceous earths” may be omitted [This entry is covered in the 18% rate column as all goods of 6903].
ii. In the 28% rate column, the entry “6908 Glazed ceramic flags and paving, hearth or wall tiles; glazed ceramic mosaic cubes and the like, whether or not on a backing” may be omitted [This tariff heading has been omitted from the Central Excise Tariff with effect from 01.01.2017. This entry is now covered in the entry 6907, which is also in the 28% rate column]. - In Chapter 70,
i. In the 18% rate column, in the entry against 7018, “Glass beads” may be omitted.
ii. In the 5% rate column, the entry “7018 Glass beads” may be inserted.
[Glass beads are covered as part of “Embroidery or zari articles” in the 5% rate column under chapter 58.] - In Chapter 84, –
i. In the Nil rate column, the entry “8445 Amber charkha” may be added.
ii. In the 5% rate column, the entry “Hand pumps and parts thereof [8413, 8414 90]” may be read as “Hand pumps and parts thereof [8413, 8413 91]”.
iii. In the 12% rate column, the entry No 1 the words “Nuclear fuel elements” may be substituted by the words “fuel elements (cartridges), non-irradiated, for nuclear reactors”
iv. In the 18% rate column, in entry No 1 the words “fuel elements (cartridges), non-irradiated, for nuclear reactors” may be omitted. - In the 18% rate column, after entry No 13 the entry “13A – machinery for cleaning or drying bottles or other containers; machinery for filling, closing, sealing or labelling bottles, cans, boxes, bags or other containers; machinery for capsuling bottles, jars, tubes and similar containers; other packing or wrapping machinery (including heat- shrink wrapping machinery); machinery for aerating beverages [8422 20 00, 8422 30 00, 8422 40, 8522 90]” shall be inserted. [These are capital goods and are not listed in in the 18% rate column].
- In Chapter 85, –
i. In the 5% rate column, after entry (c), the entry “(d) photo voltaic cells, whether or not assembled in modules or made up into panels” may be added [these cells and modules are renewable energy devices].
ii. Correspondingly, in the 18% rate column, the part entry from 8541, that is “including photo voltaic cells, whether or not assembled in modules or made up into panels” may be omitted.
iii. In the 12% rate column, the entry “8539 LED lamps” may be added [LED lamps, falling under 9405, are already at 12% rate.] - In Chapter 90, in the 18% rate column, the entry “9032 Automatic regulating or controlling instruments and apparatus” may be inserted [this entry is not listed in the 18% rate column].
- In Chapter 91, –
i. In the 28% rate column, the entry “9110 Complete clock movements, unassembled or partly assembled (movement sets); incomplete clock movements, assembled; rough clock movements” may be omitted;
ii. In the 18% rate column, the entry “5 – 9110 Complete clock movements, unassembled or partly assembled (movement sets); incomplete clock movements, assembled; rough clock movements” may be added in the 28% rate column, the entry from 9112 relating to clock i.e. “9112 Clock cases, and parts thereof” may be omitted;
iii. In the 28% rate column, the entry from 9112 relating to clock i.e. “6 – 9112 Clock cases, and parts thereof” may be added;
[Clocks and their parts are at 18%]. - In Chapter 95, in the 28% rate column the entry “9506 Articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table-tennis) or outdoor games, not specified or included elsewhere in this chapter; swimming pools and paddling pools” may be substituted by the entry “9506 Articles and equipment for general physical exercise, gymnastics, athletics”. [Sports goods in general are at 12%].
- In Chapter 96, in the 12% rate column, the entry “Pencils, crayons, pastels, drawing charcoals, writing or drawing chalks and tailor’s chalk [9609]” may be read as “Pencils, crayons, pastels, drawing charcoals and tailor’s chalk [9608, 9609]” [propelling or sliding pencils are covered under 9608. Chalk sticks are at Nil.].
*****
Additional Agenda Item Agenda Note – e Way Bills
Draft Rules on e-way bills, which were framed by the Law Committee, were put in public domain in April, 2017. Various representations on these rules have been received and collated, but the same have not been examined so far by the Law Committee for paucity of time.
- Some of the key issues identified by the trade and industry in relation to e-way bills rules are as follows:
a) The draft rules have laid down a very low threshold beyond which the e-way bill will apply. It has been provided that any consignment of value greater than Rs. 50,000/- will be required to have an e-way bill for its movement. The limit is very low compared to the high compliance burden for transporters.
b) The rules provide that it will be applicable to any kind of movement of goods both, intra-State or inter-State. The draft e-way bill has gone beyond the present system and is proposed to be applicable to any kind of movement, both intra-State and inter-State.
c) The draft rules provide that it will be applicable to movement of all kinds of goods. There is no demarcation for the goods as to whether they are evasion prone or not. This universal application of the rule to all kinds of goods means that there is no adoption of risk management approach which is the essence of modern day tax administration.
d) The draft rules provide for strict timelines for completion of transport operation, which appear to be impractical and aloof from reality. Further any violation of timelines has penal consequence.
e) The coverage of the rules is ubiquitous and does not provide for relaxation for any kind of movement such as that for imports or exports. So any movement of the export goods from the ICD to the Gateway port or for the transhipment of the imported goods from gateway port to the ICD has not been given any relaxation from the application of rules
f) The rules require that any transhipment of the goods during movement will entail the generation of a new-way bill. The compliance burden created by this requirement would be huge as transhipment is one of the essential attribute of cargo movement and is required for efficient movement of goods throughout the country. Besides, there might be certain eventualities such as accidents where the goods would require to be shifted from one conveyance to another.
g) The draft rules provide that the transporter is required to carry both the invoice as well as the e-way bill during the movement of goods. Thus, there is no respite for the transporter.
h) The onus and responsibility of movement of taxable goods is getting blurred. The smooth movement of goods may be hindered because of the faults of a transporter.
i) Trade associations have suggested alternative model.
- Since the feedback from the stakeholders is yet to be examined by the Law Committee, finalisation of Rules and related formats may take some time. The software development can start only after finalization of the rules and formats by the Council.
- The above facts are placed for consideration of the Council for deciding the date and modalities of the implementation of e-way system in GST regime.
