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GST Council recommends placing cereals, pulses & flours in 5% category
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Friday, 22 September, 2017, 08 : 00 AM [IST]
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Our Bureau, New Delhi
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The Goods and Services Tax (GST) Council, in its 21st meeting held in Hyderabad recently, has, inter alia, recommended that for five per cent GST rate on cereals, pulses and flours etc. put up in a unit container and bearing a registered brand name:
a) A brand registered as on May 15, 2017 shall be deemed to be a registered brand for the purpose of levy of five per cent GST, irrespective of whether or not such brand is subsequently deregistered.
b) A brand registered as on May 15, 2017 under the Copyright Act, 1957, shall also be treated as a registered brand for the purpose of levy of five per cent GST.
c) A brand registered as on May 15, 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 purpose of levy of five per cent 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 five per cent GST.
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 September 22, 2017.
Regarding aforesaid recommendations of the Council, these notifications, inter alia, provide that five per cent GST will apply if on a brand name (as defined in the notification), an actionable claim or enforceable right in a court of law is available.
In this context, these notifications also provide that this five per cent 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 (UT) Tax, as the case may be, and
b) prints in indelible ink, both in English and the local language on each such unit container, that in respect of brand name the printed on the unit containers, he has voluntarily foregone his actionable claim or enforceable right.
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