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Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

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GST UPDATE ON CHANGE IN RATE OF GOODS

GST UPDATE ON CHANGE IN RATE OF GOODS
28th GST Council Meeting Update
 
We have prepared a number of GST updates on 28th GST Council Meeting held on July 21, 2018. Below are GST Rate change on goods recommendations as decided in  this GST meeting with our observations on these amendments are as under:-
 
List of Goods on which GST Council has recommended rate reduction/ Exemption:-
  • GST Rate reduced to Nil Rate/Exemption clarification
 
  1. Stone/Marble/Wood Deities-
This does not mean marble is exempt. Only the Deities made of marble or made of stone or made of wood is exempt.
  1. Rakhi [other than that of precious or semi-precious material of 71 i.e.without precious material].
 
Recently there was AAR ruling of West Bengal state wherein it was decided that Rakhi is taxable. Hence, to overturn this AAR ruling, the exemption is given. But it implies that it was taxable previously. Litigation is bound to happen for previous period.
 
  1. Sanitary Napkins
There was demand from the sections that this product should be exempted. But earlier Finance Minister Mr. Arun Jaitely has explained in an interview with TV channel that exemption will lead to loss as ITC and the prices will not come down. But after GST council meeting currently acting Finance Minister Mr. Piyush Goyal was asked about the same but he has brushed aside the this question saying that do not pay weight age to professionals. Prices will surely come down. But this has not happened as there was news in Newspaper that prices have not come down and industry told that it is due to loss of ITC.
 
It is perplexing to note that the Government issued a Press Release dated 10th July 2017, explaining the logic of applying a GST rate of 12 per cent on sanitary napkins instead It is perplexing to note that the government issued a Press Release dated 10 July 2017, explaining the logic of applying a GST rate of 12 per cent on sanitary napkins instead of nil. The press release reported, “Reducing the GST rate on sanitary napkins to nil, will however, result in complete denial of ITC to domestic manufacturers of sanitary napkins and zero rating imports. This will make domestically manufactured sanitary napkins at a huge disadvantage vis-à-vis imports, which will be zero rated.”      
 But this logic has been brushed aside in this meeting and exemption is given to sanitary napkins.
 
Therefore, whether the GST Council’s decision to exempt sanitary napkins was beneficial to the public or not, only time would tell.             

 
  1. Coir pith compost
  2. Sal Leaves siali leaves and their products and Sabai Rope
  3. Phool Bhari Jhadoo [Raw material for Jhadoo]
  4. Khali dona
  5. Circulation and commemorative coins, sold by Security Printing and Minting Corporation of India Ltd [SPMCIL] to Ministry of Finance.
  6. Milk enriched with vitamins or minerals salt (fortified milk)
  7. Water supplied for public purposes (other than in sealed containers)
 
GST Council was exempt from GST on above category of goods. The rate has been reduced to Nil. The Government has requested manufacturers of these products to transfer the entire benefit to the end user.

However, does a lower tax rate always translate to reduction in the end price to the consumer? This may not be true. Lower output tax rate on any product does not necessarily mean that the embedded tax cost in the manufacturing of the product and its supply chain has reduced.          
Let us take the example of medical services. While medical services provided by hospitals are exempt — liable to nil GST rate — input and input services used by hospitals to provide medical services attract GST rates of 28 per cent or 18 per cent or 12 per cent. Land taken on lease for running a hospital and annual maintenance services attract GST of 18 per cent, surgical equipment and consumables used in operation theatres attract GST of 18 per cent or 12 per cent, air-conditioners used in hospital attract GST at the rate of 28 per cent. Hospitals have a small output GST liability on account of sale of medicines to out-patients. Thus, in the absence of adequate output GST liability, input GST paid on aforesaid goods and services used by hospitals adds to the cost of medical services and does not make them cheaper.         

  • GST Rate reduced to 5%
Item/ Goods Name Old GST Rate New GST Rate
Chenille fabrics and other fabrics under heading 5801 12% 5%
Handloom Dari 12% 5%
Phosphoric acid (fertilizer grade only). 12% 5%
Knitted cap/topi having retail sale value not exceeding Rs 1000 12% 5%
Bamboo flooring 12% 5%
Brass Kerosene Pressure Stove. 12% 5%
Hand Operated Rubber Roller 12% 5%
Zip and Slide Fasteners 12% 5%
Ethanol for sale to Oil Marketing Companies for blending with fuel 18% 5%
Solid bio fuel pellets 18% 5%
Footwear having a retail sale price up to Rs. 1000 per pair 12% 5%
Handmade carpets and other handmade textile floor coverings (including namda/gabba) 12% 5%
Handmade lace 12% 5%
Hand-woven tapestries 12% 5%
Hand-made braids and ornamental trimming in the piece 12% 5%
Toran 12% 5%
Tamarind Kernnel Powder, Modified or Unmodified Clarification 5%
Beet and Cane Sugar to include refined beet and cane sugar Clarification 5%
Marine engine Clarification 5%
Kota Stone, other than marble and granite Clarification 5%
 
 
  • GST Rate reduced to 12%
Item/ Goods Name Old GST Rate New GST Rate
Fuel Cell Vehicle 28% 12%
Handbags including pouches and purses; jewellery box 18% 12%
Wooden frames for painting, photographs, mirrors etc 18% 12%
Art ware of cork [including articles of sholapith] 18% 12%
Stone art ware, stone inlay work 18% 12%
Ornamental framed mirrors 18% 12%
Glass statues [other than those of crystal] 18% 12%
Glass art ware [ incl. pots, jars, votive, cask, cake cover, tulip bottle, vase ] 18% 12%
Art ware of iron 18% 12%
Art ware of brass, copper/ copper alloys, electro plated with nickel/silver 18% 12%
Aluminium art ware 18% 12%
Handcrafted lamps (including panchloga lamp) 18% 12%
Worked vegetable or mineral carving, articles thereof, articles of wax, of stearin, of natural gums or natural resins or of modelling pastes etc, (including articles of lac, shellac) 18% 12%
Ganjifa card 18% 12%
Fuel Cell Vehicle 28% 12%
Handbags including pouches and purses; jewellery box 18% 12%
Wooden frames for painting, photographs, mirrors etc 18% 12%
Art ware of cork [including articles of sholapith] 18% 12%
Stone art ware, stone inlay work 18% 12%
Ornamental framed mirrors 18% 12%
Glass statues [other than those of crystal] 18% 12%
Glass art ware [ incl. pots, jars, votive, cask, cake cover, tulip bottle, vase ] 18% 12%
Art ware of iron 18% 12%
Art ware of brass, copper/ copper alloys, electro plated with nickel/silver 18% 12%
Aluminium art ware 18% 12%
Handcrafted lamps (including panchloga lamp) 18% 12%
Worked vegetable or mineral carving, articles thereof, articles of wax, of stearin, of natural gums or natural resins or of modelling pastes etc, (including articles of lac, shellac) 18% 12%
Ganjifa card 18% 12%
 
 
  • GST Rate reduced to 18%
Item/ Goods Name Old GST Rate New GST Rate
Paints and varnishes (including enamels and lacquers) 28% 18%
Glaziers’ putty, grafting putty, resin cements 28% 18%
Refrigerators, freezers and other refrigerating or freezing equipment including water cooler, milk coolers, refrigerating equipment for leather industry, ice cream freezer etc 28% 18%
Washing machines. 28% 18%
Lithium-ion batteries 28% 18%
Vacuum cleaners 28% 18%
Domestic electrical appliances such as food grinders and mixers & food or vegetable juice extractor,shaver, hair clippers etc 28% 18%
Storage water heaters and immersion heaters, hair dryers, hand dryers, electric smoothing irons etc 28% 18%
Televisions upto the size of 68 cm 28% 18%
Special purpose motor vehicles. e.g., crane lorries, fire fighting vehicle, concrete mixer lorries, spraying lorries 28% 18%
Works trucks [self-propelled, not fitted with lifting or handling equipment] of the type used in factories,warehouses, dock areas or airports for short transport of goods. 28% 18%
Trailers and semi-trailers. 28% 18%
Miscellaneous articles such as scent sprays and similar toilet sprays, powder-puffs and pads for the application of cosmetics or toilet preparations. 28% 18%
Footwear having RSP more than 1000 18% 18%
Kota Stone, Ready to Use and Polished Clarification 18%
 
As per Section 117 of CGST Act, 2017which provides that it is mandatory to pass on the benefit due to reduction in rate of tax or from input tax credit to the consumer by way of commensurate reduction in prices.
The crux of the anti-profiteering rules is-
  • If there is reduction in rate of tax on the supply of goods or services or 
  • Benefit of input tax credit is now available under GST
Then a registered person must pass on the benefit by reduction in prices otherwise the Anti profiteering will be looking after the same. But reduction of prices depends on many vital factors. This is not true that the reduction in duty rate will clearly bring down the prices in same proportion. Even the reduction in MRP of goods already packed at factory location as well as at depots or shops cannot be done immediately. Moreover, at the same time supply chain cannot be disturbed. Even correction in MRP is against the provisions of Legal metrology Act. Market forces will bring down the prices automatically. Forcing the same through anti profiteering measures is not the right step.
 
 
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We hope the above is useful to you.
 
Your Need Our Concern…
 
Thanking you,
 
Regards,
 
 
Pradeep Jain, F.C.A.
 
Department News


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PRADEEP JAIN, F.C.A.

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