REVISION/INSERTION OF NEW ITEMS IN THE LIST OF TAX RATES UNDER GST LAW

  1. Amendments in Notification No.1/2017 dated 28.06.2017:

Insertion of new items in the list of CGST Rates:

SchedulesChapter/Heading/Sub HeaingNew Item(s)Type of Good
Schedule I-“5%”30 or any ChapterTrastuzumab DeruxtecanOsimertinibDurvalumabDrugs & Medicines
Schedule II-“12%”1905 9030Extruded or expanded products, savoury or salted (other than un-fried or un cooked snack pellets, by whatever name called, manufactured through process of extrusion)Processed Snacks including fried & cooked snack pellets
Schedule IV-“14%”9401 2000Seats of a kind used for motor vehiclesVehicle Seats

   Substitution of old items in the list of CGST Rates:

SchedulesOld ItemNew ItemWhat Changed?
Schedule III-“9%”Un-fried or un-cooked snack pellets, by whatever name called, manufactured through process of extrusionun-fried or un-cooked snack pellets, by whatever name called, manufactured through process of extrusion, extruded or expanded products, savoury or saltedNow the goods also include unfried or uncooked snack pellets which is extruded or expanded and savoury or salted.
Schedule III-“9%”Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof other than seats of a kind used for aircraftSeats (other than those of heading 9402), whether or not convertible into beds and parts thereof other than seats of a kind used in aircraft or seats of a kind used for motor vehiclesEarlier the term “Seats” excluded the seats of a kind used in aircraft, while now it also excludes seats of a kind used for motor vehicles.   The Seats of a kind used in motor vehicles have been now taxed under 14% CGST as shown above.

2. Amendments in Notification No. 11/2017 dated 28.06.2017:

Insertion of new items in the list of CGST Rates:

Sno.8DescriptionRateCondition
(ivb)Transportation of passengers, with or without accompanied baggage, by air, in a helicopter on seat share basis.2.5%Provided that the ITC on goods used in supplying the services has not been taken.

   Explanation: GST rate for provision of transportation of passengers by helicopter on seat share basis, with or without accompanied baggage is 2.5% for CGST & SGST each, provided the ITC on goods used for supply of such service shall not be taken.

Goods used for such supply of such service could be:

  1. Safety Equipment’s,
  2. Spare parts and components for helicopter maintenance,
  3. Emergency Equipment’s such as fire extinguishers, medical kits
  4. Other goods that are directly related to providing such service.
SW Point of View:  Recent changes in GST rates include the addition of key items like drugs (e.g., Trastuzumab Deruxtecan at 5%), processed snacks (12%), and motor vehicle seats (14%). Substitutions clarify that extruded, salted, or puffed snack pellets, and vehicle seats, are now more specifically defined under new tax rates. Additionally, transportation of passengers by helicopter on a seat-sharing basis is taxed at 2.5% GST, provided no ITC is claimed on goods like safety equipment, spare parts, and other materials used in delivering the service. These updates refine both the scope and application of GST rates.   
Source: 05/2024-Central Tax (Rate), 07/2024-Central Tax (Rate) dated 08.10.2024      

Akash Gupta – Indirect Tax – Associate