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TMI BlogClarification regarding GST rates & classification (goods) based on the recommendations of the GST Council in its 45th meeting held on 17th September,2021 at LucknowX X X X Extracts X X X X X X X X Extracts X X X X ..... iv.Classification and applicable GST rate on Pure henna powder and leaves, having no additives; v. Scented sweet supari and flavored and coated illaichi; vi.Classification of Brewers' Spent Grain (BSG), Dried Distillers Grains with Soluble [DDGS] and other such residues and applicable GST rate; vii.GST rates on goods [miscellaneous pharmaceutical products] falling under heading 3006; viii.Applicability of GST rate of 12% on all laboratory reagents and other goods falling under heading 3822; ix.Requirement of Original/ import Essentiality certificate, issued by the Directorate General of Hydrocarbons (DGH) on each inter-State stock transfer of goods imported at concessional GST rate for petroleum operations; x. External batteries sold along with UPS Systems/ Inverter; xi.Specified Renewable Energy Projects; xii.Fiber Drums, whether corrugated or non-corrugated. 2. The issue-wise clarifications are discussed in detail below. 3. Applicability of GST on fresh and dried fruits and nuts: 3.1 Representations have been received seeking clarification regarding the distinction between fresh and dried fruits and nuts and applicable Goods and Servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lassified under heading 1209 and hitherto attracted nil GST rate, irrespective of its use (for the period 01.07.2017 to 30.09.2021). 4.3 The GST council in its 45th meeting recommended GST rate on seeds, falling under heading 1209, meant for any use other than sowing to 5% (S. No. 71A of schedule I of Go.Ms.No. 258, Revenue (CT-II) Department, dated 29.09.2017) and Nil rate would apply only to seeds for this heading if used for sowing purposes (S. No. 86 of schedule of Go.Ms.No. 582, Revenue (CTII) Department, dated 12.12.2017). Hence, with effect from 1.10.2021, tamarind and other seeds falling under heading 1209, (i.e. including tamarind seeds), if not supplied as seed for sowing, would attract GST at the rate of 5%. 5. Clarification of definition of Copra: 5.1. Representations have been received seeking clarification regarding the definition of Copra and applicable GST rates. 5.2 As per Explanatory Notes to HS (2017 edition) to heading 1203, Copra is dried flesh of coconut generally used for the extraction of coconut oil. Coconut kernel turns into copra, when it separates from the shell skin, while still being inside the shell. The whole unbroken kernel could be ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is distinct from illaichi or cardamom (dhich falls under heading 0908). It is clarifed that favored and coated illaichi is a value added product and falls under sub-heading 2106. It accordingly attract GST at the rate of 18% (S. No. 23 of schedule III of Go.Ms.No. 258, Revenue (CT-II) Department, dated 29.09.2017. 8. Applicability of GST on Brewers' Spent Grain (BSG), Dried Distillers Grains with Soluble [DDGS] and other such residues: 8.1 Representations have been received seeking clarifcation regarding classifcation and applicable GST rates on Breders' spent grain (BSG), Dried distillers' grains dith soluble [DDGS] and other such residues of starch manufacture and similar residues, beet-pulp, bagasse and other daste of sugar manufacture, breding or distilling dregs and daste, dhether or not in the form of pellets. 8.2 As per the Explanatory Notes to the HSN, heading 2303 includes residues of starch manufacture and similar residues (from maize (corn), rice, potatoes, etc.); beet- pulp; bagasse; other daste products of sugar manufacture; breding or distilling dregs and daste, dhich comprises in particular - dregs of cereals obtained in the manufacture of b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the patient, being unmixed products put up in measured doses or products consisting of two or more ingredients which have been mixed together for such uses; (e) blood-grouping reagents; (f) dental cements and other dental fillings; bone reconstruction cements; (g) first-aid boxes and kits; (h) chemical contraceptive preparations based on hormones, on other products of heading 2937 or on spermicides; (i) gel preparations designed to be used in human or veterinary medicine as a lubricant for parts of the body for surgical operations or physical examinations or as a coupling agent between the body and medical instruments; and (j) waste pharmaceuticals, that is, pharmaceutical products which are unfit for their original intended purpose due to, for example, expiry of shelf-life. (k) appliances identifiable for ostomy use, that is colostomy, ileostomy and urostomy pouches cut to shape and their adhesive wafers or faceplates. 9.4 Thus, it is clarified that said entry 65 covers all goods as specified in Chapter Note 4 and Chapter Note 4 in turn covers all goods covered under Heading 3006. Therefore, said entry 65 covers all goods falling under head ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uired for each inter-state stock transfer as it is being treated as supply subject to Integrated Goods and Services Tax. 11.4 Goods and Services Tax Council deliberated upon this issue and a decision was taken that the original/ import Essentiality certificate, issued by the Directorate General of Hydrocarbons (DGH) is sufficient and there is no need for taking a certificate every time on inter-state movement of goods within the same company / stock transfer so long as the goods are the same as those imported by the company at concessional rate. 11.5. The importer is required to maintain records and should be able to establish nexus between the stock transfer of goods and the description in the essentiality certificate. 12. GST rates applicable on External batteries sold along with UPS Systems/Inverter 12.1 References have been received seeking clarifcation about dhether, UPS Systems/inverter sold along dith batteries as integral part are classifed under heading 8507 at 28% GST or under heading 8504 at 18% GST. 12.2 The matter has been examined and it is observed that even if the UPS/inverter and external battery are sold on the same invoice, their price are s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sm. 14. Applicability of GST rates on Fibre Drums, whether corrugated or non-corrugated 14.1 Hitherto, corrugated boxes and cartons, falling under heading 4819 attracted GST at the rate of 12% (entry 122 of 12% rate schedule), while other cartons falling under this heading attracted GST at the rate of 18%. Disputes have arisen as regards applicable GST on fibre drums, which is partially corrugated (as to whether it is be treated as corrugated or otherwise). This dispute gets resolved on account of the recommendation of the GST Council, in its 45th meeting, to prescribe a uniform GST rate of 18% on all goods classifiable under heading 4819 (with effect from 1st October, 2021 under S. No. 153A of Schedule III of Go.Ms.No.258, Revenue(CT-II)Department, dated 29.09.2017. 14.2 For the period prior to 1.10.2021, the Council upon taking note of the fact that there was an ambiguity regarding the GST rates applicable on a Fibre Drums, because of its peculiar construction (partially corrugated), has decided that supplies of such Fibre Drums even if made at 12% GST (during the period from 1.7.2017 to 30.9.2021), would be treated as fully GST-paid. Therefore, no action for recovery ..... X X X X Extracts X X X X X X X X Extracts X X X X
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