Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 48th meeting held on 17th December, 2022 - GST - States - 5/2023 (PP6/GST-82/2023)

GOVERNMENT OF TAMIL NADU COMMERCIAL TAXES DEPARTMENT OFFICE OF THE COMMISSIONER OF COMMERCIAL TAXES EZHILAGAM, CHENNAI. 600 005 Circular No. 5/2023 (PP6/GST-82/2023) Dated. 28.03.2023 Subject : Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 48th meeting held on 17th December, 2022 Regarding. Ref : Government of India, Ministry of Finance, Department of Revenue, Circular No. 189/01/2023-GST, dated January 13, 2023 . Based on the recommendations of the GST council in its 48th meeting held on 17th December, 2022, clarifications, with reference to GST levy, related to the following are being issued through this circular : 2. Rab-classifiable under Tariff heading 1702 : 2.1 Representation has been received by the GST Council, seeking clarification regarding the classification of Rab . It has been stated that under the U. P. Rab (Movement Control Order), 1967, Rab means massecuite prepared by concentrating sugarcane juice on open pan furnaces, and includes Rab Galawat and Rab Salawat, but does not include khandsari molasses or lauta gur. Although, a product of sugarcane, Rab exists in semi-solid/liquid form, and is thus not covered under heading 1701. The honourable Supreme Court in its order in Krishi Utpadan Mandi Samiti v. Shankar Industries [1993] SCR (1) 1037 has distinguished Rab from Molasses. Thus, Rab being distinguishable from molasses is not classifiable under heading 1703. 2.2 Accordingly, it is hereby clarified that Rab is appropriately classifiable under heading 1702 attracting GST rate of 18 per cent. (Sl. No. 11 in Schedule III of Notification No. II(2)/CTR/532(d-4)/2017, dated June 29, 2017 published in Tamil Nadu Government Extraordinary Gazette issue No 202. 3. Applicability of GST on by-products of milling of dal/pulses such as Chilka, Khanda and Churi/Chuni : 3.1 Representations have been received by the GST Council, seeking clarification regarding the applicable GST rate on by-products of milling of dal/pulses such as Chilka, Khanda and Churi/Chuni. 3.2 The GST council in its 48th meeting has recommended to fully exempt the supply of subject goods, irrespective of its end-use. Hence, with effect from the 1st January, 2023, the said goods shall be exempt under GST vide S. No. 102C of Schedule of in Notification No. II(2)/CTR/ 532 (d-5)/2017, dated June 29, 2017 published in Tamil Nadu Government Extraordinary Gazette Issue No. 202. 3.3 Further, as per recommendation of the GST council, in view of genuine doubts regarding the applicability of GST on subject goods, matters that arose during the intervening period are hereby regularized on as is basis from the date of issuance of Principal Secretary/Commissioner of State Tax Circular No. 18/2022-TNGST-(PP6/GST/145/2022, dated September 27, 2022 ), till the date of coming into force of the above-said Sl. No.102C and the entries relating thereto. This is in addition to the matter regularized on as is basis vide para 8.6 of the said circular. 4. Clarification regarding carbonated beverages of fruit drink or carbonated beverages with fruit juice : 4.1 Representations have been received by the GST Council, seeking clarification regarding the applicable six-digit HS code for carbonated beverages of fruit drink or carbonated beverages with fruit juice . 4.2 On the basis of the recommendation of the GST council in its 45th meeting, a specific entry has been published in Notification No. II(2)/CTR/532(d-4)/2017, dated June 29, 2017 published in Tamil Nadu Government Extraordinary Gazette issue No. 202 and Notification 1/2017-Compensation cess (Rate) dated 28th June 2017 , vide Sl. No. 12B in Schedule IV and S. No. 4B in Schedule respectively, with effect from the 1st October, 2021, for goods with description carbonated beverages of fruit drink or carbonated beverages with fruit juice . 4.3 It is hereby clarified that the applicable six-digit HS code for the aforesaid goods with description carbonated beverages of fruit drink or carbonated beverages with fruit juice is HS 2202 99. The said goods attract GST at the rate of 28 per cent. and Compensation Cess at the rate of 12 per cent. The S. Nos. 12B and 4B mentioned in para 4.2 cover all such carbonated beverages that contain carbon dioxide, irrespective of whether the carbon dioxide is added as a preservative, additive, etc. 4.4 In order to bring absolute clarity, an exclusion for the above-said goods has been provided in the entry at Sl. No. 48 of Schedule-II of Notification No. II (2)/CTR/532(d-4)/2017, dated June 29, 2017 published in Tamil Nadu Government Extraordinary Gazette issue No. 202, vide Notification No. II(2)/CTR/49(a-1)/2023, dated January 19, 2023 published in Tamil Nadu Government Extraordinary Gazette issue No. 26. 5. Applicability of GST on snack pellets manufactured through extrusion process (such as fryums ) : 5.1 Representations have been received by the GST Council, seeking clarification regarding classification and applicable GST rate on snack pellets manufactured through the process of extrusion (such as fryums ). 5.2 It is hereby clarified that the snack pellets (such as fryums ), which are manufactured through the process of extrusion, are appropriately classifiable under tariff item 1905 90 30, which covers goods with description extruded or expanded products, savoury or salted , and thereby attract GST at the rate of 18 per cent. vide Sl. No. 16 of Schedule-III of Notification No. II (2)/CTR/532(d-4)/2017, dated June 29, 2017 published in Tamil Nadu Government Extraordinary Gazette issue No. 202. 6. Applicability of Compensation cess on sports utility vehicles (SUVs) : 6.1 Representations have been received by the GST Council, seeking clarification about the specifications of motor vehicles, which attract compensation cess at the rate of 22 per cent. vide entry at Sl. No. 52B of Notification No. 1/2017-Compensation Cess (Rate), dated 28th June, 2017 . 6.2 In this regard, it is clarified that Compensation Cess at the rate of 22 per cent. is applicable on Motor vehicles, falling under heading 8703, which satisfy all four specifications, namely : these are popularly known as SUVs ; the engine capacity exceeds 1,500 cc ; the length exceeds 4,000 mm ; and the ground clearance is 170 mm and above. 6.3 This clarification is confined to and is applicable only to sports utility vehicles (SUVs). 7. Applicability of IGST rate on goods specified under Notification No. 3/2017-Integrated Tax (Rate) : 7.1 Representations have been received by the GST Council, expressing doubts regarding the applicable IGST rate on goods specified in the list annexed to Notification No. 3/2017-Integrated Tax (Rate), dated the 28th June, 2017 . 7.2 On the basis of the recommendation of the GST council in its 47th Meeting, held in June 2022, the IGST rate has been increased from five per cent. to 12 per cent. on goods, falling under any Chapter, specified in the list annexed to Notification No. 3/2017-Integrated Tax (Rate), dated the 28th June, 2017 , when imported for the specified purpose (like petroleum operations/coal bed methane operations) and subject to the relevant conditions prescribed in the said notification. However, some goods specified in the list annexed to Notification No. 3/2017-Integrated Tax (Rate), dated the 28th June, 2017 , are also eligible for a lower schedule rate of five per cent. by virtue of their entry in Schedule I of Notification No. 1/2017-Integrated Tax (Rate), dated the 28th June, 2017 . 7.3 Accordingly, it is hereby clarified that on goods specified in the list annexed to the Notification No. 3/2017-Integrated Tax (Rate), dated the 28th June, 2017 , which are eligible for IGST rate of 12 per cent. under the said notification and are also eligible for the benefit of lower rate under Schedule I of Notification No. 1/2017-Integrated Tax (Rate), dated the 28th June, 2017 or any other IGST rate notification, the importer can claim the benefit of the lower rate. Dheeraj Kumar Principal Secretary/Commissioner of State Tax.