TMI BlogClarification regarding applicability of GST on various goods and servicesX X X X Extracts X X X X X X X X Extracts X X X X ..... been examined. The issue-wise clarifications are discussed below : 3.1 Applicability of GST on fortified toned milk : Representations have been received seeking clarification regarding applicability of GST on fortified toned milk. 3.2 Milk is classified under Heading 0401 and as per Sl. No. 25 of Notification No. 2/2017-State Tax (Rate), dated June 30, 2017, fresh milk and pasteurised milk, including separated milk, milk and cream, not concentrated nor containing added sugar or other sweetening matter, excluding Ultra High Temperature (UHT) milk falling under Tariff Head 0401 attracts NIL rate of GST. Further, as per HSN Explanatory Notes, milk enriched with vitamins and minerals is classifiable under HSN Code 0401. Thus, it is clarified that toned milk fortified (with vitamins A and D ) attracts NIL rate of GST under HSN Code 0401. 4.1 Applicable GST rate on refined beet and cane sugar : Doubts have been raised regarding GST rate applicable on refined beet and cane sugar. Vide Sl. No. 91 of Schedule I of Notification No. 1/2017-State Tax (Rate), dated June 30, 2017, five per cent. GST rate has been prescribed on all kinds of beet and cane sugar falling unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttention is drawn to the entry at Sl. No. 99 of Notification No. 2/2017-State Tax (Rate), dated June 30, 2017, by virtue of which water (other than aerated, mineral, purified, distilled, medicinal, ionic, battery, de-mineralized and water sold in sealed container) falling under HS Code 2201 attracts Nil rate of GST. 6.3 Accordingly, supply of water, other than those excluded from Sl. No. 99 of Notification No. 2/2017-State Tax (Rate), dated June 30, 2017, would attract GST at NIL rate. Therefore, it is clarified that supply of drinking water for public purposes, if it is not supplied in a sealed container, is exempt from GST. 7.1 GST rate on human blood plasma : References have been received about the varying practices being followed in different parts of the country regarding the GST rates on human blood plasma . 7.2 Plasma is the clear, straw coloured liquid portion of blood that remains after red blood cells, white blood cells, platelets and other cellular components have been removed. As per the explanatory notes to the Harmonized System of Nomenclature (HSN), plasma would fall under the description antisera and other blood fractions, whether or not modi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... classification, it is clear that the essential character of the wipes in the instant case is imparted by the components which are to be mixed with the textile material. 8.4 As per the explanatory notes to the HSN, the HS Code 5603 clearly excludes non-woven, impregnated, coated or covered with substances or preparations such as perfumes or cosmetics, soaps or detergents, polishes, creams or similar preparations. The HSN is reproduced as follows : The heading also excludes : Non-woven, impregnated, coated or covered with substances or preparations (i. e., perfumes or cosmetics (Chapter 33), soaps or detergents (heading 3401), polishes, creams, or similar preparations (heading 3405), fabric, softeners (heading 3809)) where the textile material is present merely as a carrying medium. Further, HS Code 3307 covers wadding, felt and non-woven, impregnated, coated or covered with perfumes or cosmetics. The HS code 3401, would cover paper, wadding, felt and non-woven impregnated, coated or covered with soap or detergent whether or not perfumed . 8.5 Further, as per the explanatory notes to the HSN, the heading 3307 includes wadding, felt and nonwovens impregnated, coa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... read or yarn known as Kasab or by any other name in trade parlance, would attract a uniform GST rate of 12 per cent. under Tariff Heading 5605. 10.1 Applicability of GST on marine engine : Reference has been received seeking clarification regarding GST rates on marine engine. The fishing vessels are classifiable under heading 8902, and attract GST at five per cent., as per Sl. No. 247 of Schedule I of the Notification No. 1/2017-State Tax (Rate), dated June 30, 2017. Further, parts of goods of heading 8902, falling under any chapter also attracts GST rate of five per cent., vide Sl. No. 252 of Schedule I of the said notification. The marine engine for fishing vessel falling under Tariff Item 8408 1093 of the Customs Tariff Act, 1975 would attract a GST rate of five per cent. by virtue of Sl. No. 252 of Schedule I of the Notification No. 1/2017-State Tax (Rate), dated June 30, 2017. 10.2 Therefore, it is clarified that the supplies of marine engine for fishing vessel (being a part of the fishing vessel), falling under tariff item 8408 10 93 attracts five per cent. GST. 11.1 Applicable GST rate on cotton quilts under Tariff Heading 9404-Scope of the term cotto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mentioned at para 12.2(b) above, fabrication of body on chassis provided by the principal (not on account of body builder), the supply would merit classification as service, and 18 per cent. GST as applicable will be charged accordingly. 13.1 Applicable GST rate on disc brake pad : Representations have been received seeking clarification on disc brake pad for automobiles. It is stated that divergent practices of classifying these products, in Chapter 68 or heading 8708 are being followed. Chapter 68 attracts a GST rate of 18 per cent., while heading 8708 attracts a GST rate of 28 per cent. 13.2 Parts and accessories of motor vehicles of headings 8701 to 8705 are classified under heading 8708 and attract 28 per cent. GST. Further, friction material and articles thereof (for example, sheets, rolls, strips, segments, discs, washers, pads), not mounted, for brakes, for clutches or the like, with a basis of asbestos, of other mineral substances or of cellulose, whether or not combined with textiles or other mineral substances or of cellulose, whether or not combined with textiles or other materials are classifiable under heading 6813 and attract 18 per cent. GST. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
