Notification regarding GST rate for branded cereal, pulses and flour

The GST Council, in its 21st meeting held on 9th September, 2017 at Hyderabad has, interalia, recommended that for 5% GST rate on cereals, pulses and flours etc. put up in unit container and bearing a registered brand name:

a) A brand registered as on 15.05.2017 shall be deemed to be a registered brand for the purposes of levy of 5% GST, irrespective of whether or not such brand is subsequently deregistered.

b) A brand registered as on 15.05.2017 under the Copyright Act, 1957 shall also be treated as a registered brand for the purposes of levy of 5% GST.

c) A brand registered as on 15.05.2017 under any law for the time being in force in any other country shall also be deemed to be a registered brand for the purposes of levy of 5% GST. d) A mark or name in respect of which actionable claim is available shall be deemed to be a registered brand name for the purposes of levy of 5% GST.

2. Notifications giving effect to the Council’s recommendations relating to changes in GST rates on goods and conditions appended thereto are proposed to be issued on 22nd September, 2017.

3. Regarding aforesaid recommendations of the Council, these notifications, interalia, provide that 5% GST will apply if on brand name [as defined in the notification] an actionable claim or enforceable right in court of law is available. In this context, these notifications also provide that this 5% GST will, however, not apply if the person concerned voluntarily foregoes any actionable claim or enforceable right on such brand name, subject to the conditions that he:

a) files an affidavit to the effect that he is voluntarily foregoing his actionable claim or enforceable right on such brand name with the jurisdictional Commissioner of Central Tax or State Tax, or the jurisdictional officer of Union Territory Tax, as the case may be, and

b) prints in indelible ink, both in English and local language on each such unit container, that in respect of brand name printed on the unit containers he has voluntarily foregone his actionable claim or enforceable right.

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DSM/SBS/NT
(Release ID :170976)

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Constitution of National Anti-profiteering Authority (NAA) under CGST Act

Constitution of National Anti-profiteering Authority (NAA) under CGST Act has been constituted and guidelines have been modified through Notification No 34/2017 of CGST Tax dated 15/09/2017.

The detailed requirements can be accessed from here 

GST Tip – 338

If the concerned officer is satisfied with the information furnished for payment of taxes on provisional basis, the officer shall issue order in FORM GST ASMT-04 after the taxable person executes a bond in such form as may be prescribed, and with such surety or security as the proper officer may deem fit, binding the taxable person for payment of the difference between the amount of tax as may be finally assessed and the amount of tax provisionally assessed.

GST Tip – 337

On receipt of request from the taxpayer for payment of taxes on provisional basis in FORM GST ASMT-01 under Section 60 of the CGST Act, the proper officer on the receipt of application if required can call for additional information FORM GST ASMT-02 and the taxpayer can file the reply in FORM GST ASMT-03 for the additional information asked by the concerned officer.

 

GST Tip – 336

As per Section 60 of the CGST Act, if a taxpayer is not able to determine the value of goods or services or both or determine the rate of tax applicable thereto, the taxpayer may request the proper officer to pay taxes on provisional basis by filing the return in FORM GST ASMT-01 ( as per rule 98 of the CGST Rules) giving reasons for payment of tax on a provisional basis.

My Views on GST impact on end consumers

Yesterday i had an opportunity to share my views on the impact of GST to the end consumer on discussion organized by The Confederation of All Telangana Consumers Organisation (CATCO) at Sneha Studio along Ravi Kumar Deputy Commissioner, Government of Telangana and the discussion can be viewed here – https://www.youtube.com/watch?v=Yv_-WO9dS_Y