Circular No. 30/4/2018-GST

F.No.354/1/2018-TRU
Government of India
Ministry of Finance
Department of Revenue
(Tax Research Unit)
*****

North Block, New Delhi
Dated,25 January, 2018

To

    Principal Chief Commissioners/Principal Directors General,
    Chief Commissioners/Directors General,
    Principal Commissioners/ Commissioners,
    All under CBEC.

Madam/Sir,

    Subject: Clarification on supplies made to the Indian Railways classifiable under any chapter, other than Chapter 86 –regarding.

      Representation have been received that certain suppliers are making supplies to the railways of items classifiable under any chapter other than chapter 86,charging the GST rate of 5%.

2.    The matter has been examined. Vide notification No. 1/2017 –Central Tax (Rate) dated 28thJune, 2017, read with notification No. 5/2017-Central Tax (Rate) dated 28thJune, 2017, goods classifiable under Chapter 86 are subjected to 5% GST rate with no refund of unutilised input tax credit (ITC). Goods classifiable in any other chapter attract the applicable GST, as specified under  notification No. 1/2017 –Central Tax (Rate) dated 28thJune, 2017 or notification No.2/2017-Central Tax (Rate) dated 28thJune, 2017.

3.    The GST Council during its 25thmeeting held on18thJanuary, 2018,discussed this issue and recorded thata clarification regarding applicable GST rates on various supplies made to the Indian Railways may be issued.

4.    Accordingly,it is hereby clarified that

•only the goods classified under Chapter 86, supplied to the railways attract 5% GST rate with no refund of unutilised input tax credit and

•other goods [falling in any other chapter], would attract the general applicable GST rates to such goods, under the aforesaid notifications, even if supplied to the railways.

Yours faithfully,

(Mahipal Singh)
Technical Officer (TRU)
Email:mahipal.singh1980@gov.in