Important Keyword: F. No. 354/149/2017 –TRU, Circular No. 46/20/2018-GST, Circular No. 34/8/2018- GST, Notification No. 01/2017-Central Tax, Notification No. 2/2017-Central Tax.
F. No. 354/149/2017 –TRU
Government of India
Ministry of Finance
Department of Revenue
Tax Research Unit
******
North Block, New Delhi Dated the 6th June, 2018
Circular No. 46/20/2018 – GST
Table of Contents
To
The Principal Chief Commissioner/ Principal Directors General/Chief Commissioner/ Directors General/Principal Commissioner/ Commissioner of Central Excise and Central Tax (All) / Director General of Systems
Madam / Sir,
Subject: Applicable GST rate on Priority Sector Lending Certificates (PSLCs), Renewable Energy Certificates (RECs) and other similar scrips -regarding
Representations have been received seeking clarification regarding the classification and applicable GST rate on the Renewable Energy Certificates (RECs) and Priority Sector Lending Certificates (PSLCs).
2. Earlier, in response to a FAQ, it was clarified (vide advertisement dated 27.07.2017), that MEIS and other scrips like SEIS and IEIS are goods classified under heading 4907 and attract 12% GST, which is the general Goods and Service Tax rate for goods falling under heading 4907. Subsequently, the duty credit scrips classifiable under 4907 were exempted from Goods and Service Tax, while stock, share or bond certificates and similar documents of title [other than Duty Credit Scrips], classifiable under heading 4907, attract 12% GST.
3. Later on, Circular No. 34/8/2018- GST dated 01.03.2018 (S.No.3) was issued clarifying that PSLCs are taxable as goods at a standard rate of 18 % under the residual entry S. No. 453 of Schedule III of notification No. 01/2017-Central Tax (Rate).
4. As a result, there is lack of clarity on the applicable rate of Goods and Service Tax on various scrips/ certificates like RECs, PSLCs etc.
5. The matter has been re-examined. Goods and Service Tax rate of 18 % under the residual entry at S. No. 453 of Schedule III of notification No. 01/2017-Central Tax (Rate) applies only to those goods which are not covered under any other entries of Schedule I, II, IV, V, or VI of the notification. In other words, if any goods are covered under any of the entries of Schedule I, II, IV, V, or VI, the Goods and Service Tax rate applicable on them will be decided accordingly, without resorting to the residual entry 453 of Schedule III.
6. As such, various certificates like RECs, PSLCs etc are classified under heading 4907 and will accordingly attract Goods and Service Tax @ 12 %, though duty paying scrips classifiable under the same heading will attract Nil Goods and Service Tax {under S. No. 122A of Notification No. 2/2017-Central Tax (Rate) dated 28.06.2017, as amended vide Notification No. 35/2017-Central Tax (Rate) dated 13.10.2017}.
7. Accordingly, in modification of S. No. 3 of Circular No. 34/8/2018- GST dated 01.03.2018, it is hereby clarified that Renewable Energy Certificates (RECs) and Priority Sector Lending Certificates (PSLCs) and other similar documents are classifiable under heading 4907 and attract 12% GST. The duty credit scrips, however, attract Nil GST under S. No. 122A of Notification No. 2/2017-Central Tax (Rate) dated 28.06.2017.
8. If any difficulty is faced, the same should be brought to the notice of the Board. Hindi version would follow.
Yours faithfully,
(Dr. Ajay K. Chikara)
Technical Officer
Tax Research Unit
Read More: Clarifications of certain issues under GST.
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