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Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

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Reduction of GST Rate on Handicraft Goods

Reduction of GST Rate on Handicraft Goods
Reduction of GST Rate on Handicraft Goods
 
Notification No. 21/2018-Central Tax (Rate) dated 26.07.2018 has been issued giving effect to the recommendations proposed in the GST council meeting held on 21st july, 2018.
 
This notification reduces the GST rates on several handicraft goods and shall be effective from 27th July, 2018. It also explains the term Handicraft goods which is as following.
 
“For the purpose of this notification, the expression “handicraft goods” means – Goods predominantly made by hand even though some tools or machinery may also have been used in the process; such goods are graced with visual appeal in the nature of ornamentation or in-lay work or some similar work of a substantial nature; possess distinctive features, which can be aesthetic, artistic, ethnic or culturally attached and are amply different from mechanically produced goods of similar utility.”
 
This definition of Handicraft goods is similar and is in fact much wider than the one as defined in the landmark judgement given by the Supreme Court of India in the case of CCE, New Delhi Vs. Louis Shoppe & Anr. [1996 (83) ELT 13 (SC)] wherein it was held that wooden furniture by itself cannot be treated as handicraft unless and until it has a visual appeal in the nature of ornamentation or in-lay work or some similar work having artistic touch. Such ornamentation must be of a substantial nature.
 
In this definition of the Supreme Court, it says that work having artistic touch but the definition in the notification says that it can be Aesthetic, artistic, ethnic or culturally attached which is far much wider. And further, it does not mean that handicraft goods are only those which are exclusively made from hand, but it is clear from this notification that some tools or machinery can be used. Though the Apex court has also allowed use of machinery to some extent but it has wider import as it has widen the definition.
 
The following is the list of items for which the rates have been reduced.
 
S.No. Chapter, Heading, Subheading or Tariff item Description of Goods Rate
1. 3406 Handcrafted candles 6 %
2. 4202 22,
4202 29,
4202 31 10,
4202 31 90,
4202 32,
4202 39
Handbags     including     pouches     and                     purses; jewellerybox 6 %
3. 4416,
4421 99 90
Carved    wood    products,    art               ware/decorative articles of wood (including inlay work,casks,
barrel, vats)
6 %
4. 4414 00 00 Wooden    frames    for    painting,    photographs,
mirrors etc
6 %
5. 4420 Statuettes & other ornaments of wood, wood marquetry & inlaid, jewellery box, wood lathe and lacquer work [including lathe andlacquer
work, ambadi sisal craft]
6 %
6. 4503 90 90
4504 90
Art ware of cork [including articles of sholapith] 6 %
7. 4601 and 4602 Mats, matting and screens of vegetable material, basketwork, wickerwork and other articles of vegetable materials or other plaiting material, articles of loofah (including of bamboo, rattan, canes and other natural fibres, dry flowers (naturally dried), articles thereof, ringal, raambaan article, shola items, Kouna/chumthang (water reeds) crafts, articles of Waterhyacinth,
korai mat]
2.5 %
8. 4823 Articles made of paper mache 2.5 %
9. 5607, 5609 Coir articles 2.5 %
10. 5609 00 20,
5609 00 90
Toran, Doorway Decoration made from cotton
yarn or woollen yarn and aabhala (mirror) with or without hanging flaps
2.5%
11. 57 Handmade carpets and other handmadetextile
floor coverings (including namda/gabba)
2.5 %
12. 5804 30 00 Handmade lace 2.5 %
13. 5805 Hand-woven tapestries 2.5 %
14. 5808 10 Hand-made braids and ornamental trimming in
the piece
2.5 %
15. 5810 Hand embroidered articles 2.5 %
16. 6117, 6214 Handmade/hand   embroidered   shawls  ofsale
value not exceeding Rs. 1000 per piece
2.5 %
17. 6117, 6214 Handmade/hand   embroidered   shawls  ofsale
value exceeding Rs. 1000 per piece
6 %
18. 6802 Carved stone products (e.g., statues, statuettes, figures of animals, writing sets, ashtray, candle
stand)
6 %
19. 6815 99 90 Stone art ware, stone inlay work 6 %
20. 6912 00 10
6912 00 20
Tableware and kitchenware of clay and terracotta,
other clay articles
6%
21. 6913 90 00 Statuettes & other ornamental ceramic articles
(incl blue potteries)
6 %
22. 7009 92 00 Ornamental framed mirrors 6 %
23. 7018 10 Bangles, beads and small ware 2.5 %
24. 7018 90 10 Glass statues [other than those of crystal] 6 %
25. 7020 00 90 Glass art ware [ incl. pots, jars, votive, cask, cake
cover, tulip bottle, vase ]
6 %
26. 7113 11 10 Silver filigree work 1.5 %
27. 7117 Handmade imitation jewellery (including natural
seeds, beads jewelry, cardamom garland)
1.5 %
28. 7326 90 99 Art ware of iron 6 %
29. 7419 99 Art ware of brass, copper/ copper alloys, electro
plated with nickel/silver
6 %
30. 7616 99 90 Aluminium art ware 6 %
31. 8306 Bells, gongs and like, non-electric, of base metal; statuettes, and other ornaments, of base metal; photograph, picture or similar frames, of base metal; mirrors of base metal; (including
Bidriware, Panchloga artware, idol, Swamimalai bronze icons, dhokra jaali)
6 %
32. 9405 10 Handcrafted lamps (including panchloga lamp) 6 %
33. 9401 50,
9403 80
Furniture of bamboo, rattan and cane 6 %
34. 9503 Dolls or other toys made of wood or metal or textile material [incl wooden toys ofsawantwadi,
Channapatna toys, Thanjavur doll)
6 %
35. 9504 Ganjifa card 6 %
36. 9601 Worked articles of ivory, bone, tortoise shell, horn,  antlers,  coral,    mother of pearl,seashell
other animal carving material
6 %
37. 9602 Worked vegetable or mineral carving, articles thereof, articles of wax, of stearin, of natural gums or natural resins or of modelling pastesetc,
(including articles of lac, shellac)
6 %
38. 9701 Hand    paintings    drawings    and    pastels   (incl Mysore  painting,     Rajasthan painting,Tanjore
painting, Palm leaf painting, basoli etc)
6 %
39. 9703 Original sculptures and statuary, in metal, stone
or any other material
6 %
 
In the above table, Serial Numbers 2,4,6,10,11,12,13,14,19,22,24,25,28,29,30,32,35,37 are those items which were proposed by the council in the meeting and have now been notified. Apart from these, this notification reduces the rates for the items at serial number 1,3,5,7,8,9,15,16,17,18,20,21,23,26,27,31,33,34,36,38 and 39 which was not decided in GST council meeting. This is a very pleasing step from the government and is gladly acceptable.
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