Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

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.
 
 
You can reach us at www.capradeepjain.com, at our facebook page on https://www.facebook.com/GSTTODAYBYPRADEEPJAIN/as well as follow us on twitter at https://www.twitter.com/@capradeepjain21
 
We hope the above is useful to you.
 
Your Need Our Concern…
 
Thanking you,
 
Regards,
 
 
Pradeep Jain, F.C.A.
 
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com