[TO BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF INDIA, EXTRAORDINARY]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)
Notification No. 27/2017-Integrated Tax (Rate)
New Delhi, the 22nd September, 2017
G.S.R.
(E).- In exercise of the powers conferred by sub-section (1) of
section 5 of
the Integrated Goods and Services Tax Act, 2017 (13 of 2017), the Central
Government, on the recommendations of the
(i) against serial numbers 11, 13, 25, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 58 and 59, in column (3), for the words “put up in unit container and bearing a registered brand name”, the words, brackets and letters “put up in unit container and,-
(a)
bearing
a registered
brand name;
or
(b)
bearing
a brand
name on which
an actionable claim or
enforceable
right
in
a court of law
is available [other
than those
where any actionable
claim or any
enforceable right
in respect of such
brand
name
has
been voluntarily
foregone, subject
to the
conditions as in the
ANNEXURE]”, shall
be substituted;
(ii)
after
S. No. 29 and
the entries relating
thereto, the
following
serial
number
and
the entries shall
be inserted,
namely:-
“29A |
0802 |
Walnuts,
whether or not shelled” ; |
(iii)
after
S. No. 33 and
the entries relating
thereto, the
following
serial
number
and
the entries shall
be inserted,
namely:-
“33A |
0813 |
Tamarind,
dried” ; |
(iv)
after
S. No. 100 and
the entries relating
thereto, the
following
serial
number
and
the entries shall
be inserted,
namely:-
“100A |
2106 |
Roasted
Gram” ; |
(vi)
in
S. No. 106,
in column (3), the brackets
and
words,
“[other
than
aquatic feed including
shrimp feed and prawn
feed, poultry
feed & cattle feed,
including
grass,
hay & straw,
supplement & husk
of pulses, concentrates
& additives,
wheat
bran &
de-oiled cake]”, shall
be omitted;
(vii)
in
S. No. 107,
in column
(3),
for
the
words,
“other
than aquatic
feed
including
shrimp feed
and prawn feed,
poultry feed
& cattle feed, including
grass, hay & straw, supplement
& husk of pulses, concentrates
& additives, wheat bran
& de-oiled cake”,
the words
“other than cotton seed
oil cake”,
shall be
substituted;
(viii)
in
S. No. 185,
for the entry in
column (3), the entry
“Agarbatti, lobhan, dhoop
batti, dhoop,
sambhrani”, shall
be substituted;
(ix)
after
S. No. 198 and
the entries
relating thereto,
the
following
serial
number
and entries
shall be inserted,
namely:-
“198A |
4601, 4602 |
Grass,
leaf or reed or fibre products, including mats, pouches, wallets”; |
(x)
in
S. No. 200,
in column (3), for the
word “kites”,
the words
“Kites,
Paper mache
articles”, shall be substituted;
(xi)
after
S. No. 201 and
the entries relating
thereto, the
following
serial
number
and
the entries shall
be inserted,
namely:-
“201A |
4907 |
Duty
Credit Scrips” ; |
(xii)
after
S. No. 219
and
the
entries relating
thereto,
the
following
serial
numbers
and the
entries shall be inserted,
namely:-
“219A |
5801 |
Corduroy
fabrics |
219B |
5808 |
Saree
fall” ; |
“257A |
9404 |
Cotton
quilts of
sale value
not
exceeding
Rs.
1000 per piece” ; |
(xiv)
after
S. No. 259 and
the entries relating
thereto, the
following serial
number
and
the entries shall
be inserted,
namely:-
“259A |
9601 |
Worked
corals other than articles of coral” ; |
(xv)
for
S. No. 260 and
the entries relating
thereto, the
following
shall
be substituted,
namely:-
“260 |
9603 |
Broomsticks
[other than brooms consisting of twigs |
|
[other |
or
other vegetable materials bound together, with or |
|
than |
without
handles]” ; |
|
9603 |
|
|
10
00] |
|
(xvi)
after
S. No. 263 and
the entries relating
thereto, the
following serial
number
and
the entries shall
be inserted,
namely:-
“263A |
Any chapter |
Rosaries,
prayer beads or Hawan samagri” ; |
(B)
in
Schedule
II-12%,-
(i)
in
S. No. 15, in
column (3), the
word “walnuts,”
, shall be
omitted;
(i)
in
S. No. 17, in
column (3), for the
words and
figure “dried fruits
of Chapter 8”, the
words, figure
and brackets, “dried
fruits
of Chapter
8 [other
than
tamarind,
dried]”,
shall be
substituted;
(ii)
in
S. No. 45, in
column (3),
for
the
words
and
brackets,
“Texturised
vegetable proteins
(soya bari) and Bari
made of pulses
including mungodi”, the
words and
brackets, “Texturised vegetable
proteins (soya
bari), Bari made
of pulses
including
mungodi
and batters,
including idli
/ dosa batter”, shall
be substituted;
(iii)
in
S. No. 46, in
column (3), for
the
words
“ready for
consumption form”,
the
words
and
brackets,
“ready
for
consumption
form
(other
than
roasted
gram),
shall be substituted;
(iv)
in
S. No. 49, in
column (3), for the
words “put
up in unit
container
and
bearing
a registered brand
name”, the words,
brackets and
letters “put up
in unit
container and, -
(a)
bearing
a registered
brand name;
or
(b)
bearing
a brand
name on which
an actionable claim or
enforceable
right
in
a court of law
is available [other
than those
where any such actionable
claim or enforceable right
in respect
of such brand
name
has
been voluntarily
foregone, subject
to the
conditions as specified in
the ANNEXURE]”,
shall be substituted;
(v)
in
S. No. 73, in
column (3) , for the word
“agarbattis”, the
words, “agarbattis, lobhan,
dhoop batti,
dhoop, sambhrani”,
shall be substituted;
(vi)
after
S. No. 85 and
the entries relating
thereto, the
following
serial
number
and
the
entries shall be inserted,
namely:-
“85A |
4016 |
Rubber
bands” ; |
(vii)
after
S. No. 92 and
the entries relating
thereto, the
following serial
number
and
the entries shall
be inserted,
namely:-
“92A |
44,
68, 83 |
Idols
of
wood, stone [including
marble] and
metals [other
than those
made of precious metals]”; |
(viii)
after
S. No. 99 and
the entries relating
thereto, the
following
serial
number
and
the
entries shall be inserted,
namely:-
“99A |
4419 |
Tableware
and Kitchenware of wood” ; |
(ix)
in
S. No. 128,
in column (3)
, for
the
words
“similar
documents
of title”,
the
words and
brackets, “similar documents
of title [other than
Duty
Credit
Scrips]”,
shall
be substituted;
(x)
in
S. No. 147,
for the entry in
column (3) ,the entry “Woven
pile
fabrics and chenille
fabrics except
Corduroy fabrics, other
than fabrics of heading 5802
or 5806”, shall be substituted;
(xi)
in
S. No. 154,
for the entry in
column (3) ,the entry “Braids
in the
piece; ornamental trimmings
in the piece,
without embroidery,
other than
knitted
or crocheted;
tassels,
pompons and similar articles [other
than saree fall]”,
shall be
substituted;
(xii)
after S. No.
171 and
the
entries relating
thereto,
the
following
serial
number
and the
entries shall be inserted,
namely:-
“171A |
6501 |
Textile
caps ” ; |
(xiii)
in
S. No. 176,
in column
(3),
after
the
words
“Sand
lime
bricks”
the
words
“or Stone inlay
work” shall
be inserted;
(xiv)
after
S. No. 176 and
the entries relating
thereto, the
following
serial number
and
the entries shall
be inserted,
namely:-
“176A |
6802 |
Statues,
statuettes,
pedestals;
high
or
low
reliefs, crosses,
figures
of animals,
bowls,
vases,
cups, cachou boxes, writing
sets,
ashtrays, paper weights,
artificial
fruit
and
foliage,
etc.;
other
ornamental
goods essentially
of stone”; |
(xv)
after
S.No. 177 and
the entries relating
thereto, the
following serial
numbers and
the entries shall
be inserted,
namely:-
“177A |
6909 |
Pots,
jars and similar articles of a kind used for the conveyance
and packing of goods of ceramic |
177B |
6911 |
Tableware,
kitchenware, other household articles and toilet articles, of porcelain
or china |
177C |
6912 |
Tableware,
kitchenware, other household articles and |
|
|
toilet
articles, other than of porcelain or china |
177D |
6913 |
Statues
and other ornamental articles”; |
(xvi)
after
S.No. 189 and
the entries relating
thereto, the
following serial
number
and
the entries shall
be inserted,
namely:-
“189A |
8306 |
Bells,
gongs
and
the
like,
non-electric,
of base
metal; statuettes
and other ornaments,
of base metal; photograph,
picture or similar
frames, of base metal;
mirrors of base metal; metal
bidriware”; |
(xvii)
after
S. No.
195 and
the
entries relating
thereto,
the
following
serial
number
and
the entries shall be inserted,
namely:-
“195A |
8424 |
Nozzles
for drip irrigation equipment or nozzles for sprinklers”
; |
(xviii)
after
S. No. 224 and
the entries relating
thereto, the
following serial
number
and
the entries shall
be inserted,
namely:-
“224A |
9404 |
Cotton
quilts of sale value exceeding
Rs. 1000 per piece”
; |
(xix)
after
S. No. 231 and
the entries relating
thereto, the
following
serial number
and
the entries shall
be inserted,
namely:-
“231A |
9601 |
Worked
ivory, bone, tortoise shell, horn, antlers, mother
of
pearl,
and other
animal
carving
material and articles of these
materials, articles
of coral (including
articles obtained by moulding)”; |
(i)
in
S. No. 23, in
column (3), for the
words and
bracket “Diabetic foods;[other than Namkeens”,
the words and
bracket, “Diabetic
foods, Custard
powder;[other than
batters including
idli/dosa batter, Namkeens”,
shall be
substituted;
(ii)
in
S. No. 111,
in column (3), for the
words “Plastic
Tarpaulin”, the words, “Plastic
Tarpaulin,
Medical
grade sterile
disposable
gloves,
Plastic raincoats”,
shall
be substituted;
(iii)
after
S. No. 123 and
the entries relating
thereto, the
following
serial
number
and
the entries shall
be inserted,
namely:-
“123A |
4016 |
Rice
rubber rolls for paddy de-husking machine” ; |
(iv)
S. No. 140 and
the entries thereof shall be
omitted;
(vi)
in
S. No. 172,
in column (3), for the
words, “of
felt”, the words
and brackets,
“of felt
[other than
textile caps]”, shall
be substituted;
(vii)
S. Nos. 186 and
187 and the
entries thereof shall
be omitted;
(viii)
S. No. 304 and
entries thereof
shall be
omitted;
(ix)
in
S. No. 325,
in column
(3),
for
the
words
“other
than fire
extinguishers,
whether or not
charged”, the
words, “other
than
fire
extinguishers,
whether
or not
charged
and Nozzles
for drip irrigation
equipment or nozzles for sprinklers” shall
be substituted;
(x)
in
S. No. 384,
in column (3), for the
words and
figures, “Computer
monitors
not
exceeding 17 inches”,
the
words
and
figures,
“Computer
monitors
not
exceeding
20 inches”, shall
be substituted;
(xi)
in
S. No. 438,
for the entry
in
column (3),
the
entry, “Coir
mattresses, cotton pillows
and mattresses”,
shall be
substituted;
(xii)
after
S. No. 449 and
the entries relating
thereto, the
following serial
number
and
the entries shall be inserted,
namely:-
“449A |
9613 |
Kitchen
gas lighters” ; |
(D)
in
Schedule-IV-28%,-
(i)
in
S. No. 9, in
column (3), the
words “ , Custard
powder” shall
be omitted;
(ii)
in
S. No. 45, in
column (3), for the
words, “ plastic
tarpaulins”, the words
“plastic tarpaulins,
medical grade sterile
disposable gloves,
plastic raincoats”, shall be
substituted;
(iii)
in
S. No. 49, in
column (3),
for
the
words,
“other
than
erasers”,
the
words,
“other than erasers, rubber
bands, rice rubber
rolls for
paddy de-husking machine”, shall be substituted;
(iv)
in
S. No. 70, in
column (3), for
the
words,
“ of Other
calcareous
stone”,
the
words and
brackets, “of Other
calcareous stone [other
than
statues,
statuettes, pedestals;
high
or low reliefs,
crosses, figures
of animals, bowls,
vases, cups,
cachou boxes,
writing
sets, ashtrays,
paper weights, artificial fruit
and foliage;
other ornamental
goods
essentially
of stone]”, shall
be substituted;
(v)
in
S. No. 85, the
words, “ ;ceramic
pots, jars
and similar articles of a kind
used for
the conveyance or packing of
goods”, shall be omitted;
(vi)
S. No. 87 and
the entries thereof shall be
omitted;
(viii)S. No. 219 and entries thereof shall be omitted;
(ix) in S. No. 222, in column (3), for the words, “other than flints and wicks”, the brackets and words, “[other than flints, wicks or Kitchen gas lighters]”, shall be substituted;
(E)
in
Schedule-V-3%,-
in S.No. 2, in column (3), for the words, “other than Non-Industrial Unworked or simply sawn, cleaved or bruted”, the words, “other than industrial or non-industrial, unworked or simply sawn, cleaved or bruted, including unsorted diamonds”, shall be substituted;
(F)
in
Schedule-VI-0.25%,-
(G)
in
the Explanation,
for clause (ii),
the following
shall be substituted,
namely: -
“(ii)(a) The phrase “brand name” means brand name or trade name, that is to say, a name or a mark, such as symbol, monogram, label, signature or invented word or writing which is used in relation to such specified goods for the purpose of indicating, or so as to indicate a connection in the course of trade between such specified goods and some person using such name or mark with or without any indication of the identity of that person.
(b)
The
phrase “registered
brand name”
means,-
(A)
a brand
registered as on the 15th May 2017 under the
Trade Marks
Act, 1999. irrespective of
whether or not the brand
is subsequently
deregistered;
(B)
a brand
registered as
on the
15th May2017
under the
Copyright Act,
1957(14 of 1957;
(C)
a brand
registered as on the 15th May2017 under
any law
for the time
being in
force in any
other country.”;
(H)
after
paragraph
2, the
following Annexure shall
be inserted, namely: - “ANNEXURE
For foregoing an actionable claim or enforceable right on a brand name,-
(b)
the
person
undertaking
packing
of such
goods in
unit containers which
bears a brand
name
shall,
on each
such unit
containers, clearly
print
in
indelible
ink,
both in
English
and the
local language, that
in respect
of the brand
name as defined
in
Explanation
(ii) (a) printed
on the unit containers
he has foregone his
actionable claim
or enforceable right voluntarily.”.
[F.No.354/117/2017-TRU Pt-II]
(Mohit Tewari) Under Secretary to the Government of India
Note: - The principal notification No.1/2017-Integrated Tax (Rate), dated the 28th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 666(E), dated the 28th June, 2017and last amended by Notification No. 19/2017-Integrated Tax(Rate) dated 18th August, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number GSR 1033 (E), dated the 18th August, 2017.