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Notification No. 01/2021 – Compensation Cess (Rate) Update

by Shakshi Bharti | Feb 19, 2024 | GST, 2021 Notifications, Compensation Cess (Rate) 2021 Notifications, Notifications | 0 comments

Important Keyword: Notification No. 01/2021 - Compensation Cess (Rate), GST on carbonated beverages, GST Compensation Cess 2021, Fruit juice beverage GST rate, GST Notification 01/2021 explained, HSN 2202 GST rate, GST on fruit drinks, Compensation to States Act 2017, Finodha GST Compliance, GST Council 2021 updates,

Words: 1280; Read time: 8 minutes.

[F.No.190354/206/2021-TRU]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)

New Delhi, the 30thSeptember, 2021

Notification No. 01/2021 - Compensation Cess (Rate): Seeks to amend notification No. 1/2017- Compensation Cess(Rate).

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

G.S.R……. (E). - In exercise of the powers conferred by sub-section (2) of section 8 of the Goods and Services Tax (Compensation to States) Act, 2017 (15 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 1/2017-Compensation Cess (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. 720(E), dated the 28th June, 2017, namely:-

In the said notification, in the Schedule, after S. No. 4A and the entries relating thereto, the following S. No. and the entries shall be inserted, namely: -

"4B2202Carbonated Beverages of Fruit Drink or Carbonated Beverages with Fruit Juice.12%";

2. This notification shall come into force on the 1st day of October, 2021.

(Rajeev Ranjan)
Under Secretary to the Government of India

Note: - The principal notification No.1/2017-Compensation Cess (Rate) dated the 28th day of June, 2017, was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub- section (i), vide number G.S.R. 720(E), dated the 28th day of June, 2017, and was last amended vide notification No. 2/2019-Compensation Cess (Rate), dated the 30th day of September, 2019, published vide number G.S.R.707(E), dated the 30th day of September, 2019.


📚 Frequently Asked Questions (FAQs): Notification No. 01/2021 - Compensation Cess (Rate)

Q1: What is Notification No. 01/2021 - Compensation Cess (Rate)?

Answer:
This notification introduces a 12% compensation cess on “carbonated beverages of fruit drink or with fruit juice” under Chapter 2202 of the GST Tariff.
It was added as a new entry — Serial No. 4B — to the existing schedule of Notification No. 1/2017 - Compensation Cess (Rate).
It ensures proper tax classification for beverages that combine carbonation and fruit content.

Q2: What is the main change introduced by this notification?

Answer:
The key change is the addition of a new cess category (S. No. 4B) for beverages under HSN code 2202, with a 12% compensation cess rate.
Before this, only aerated waters and drinks without fruit juice attracted cess. This amendment extends it to carbonated fruit-based beverages.

Q3: Which beverages fall under this new category?

Answer:
This includes beverages like:
Carbonated fruit drinks (e.g., apple fizz, mango fizz, orange soda).
Beverages containing fruit juice and carbonation.
Soft drinks blended with natural fruit content.
🥤 Example:
A drink marketed as “Fruit Fizz” with 10% fruit juice and carbonation now attracts 12% cess, apart from regular GST.

Q4: When did Notification No. 01/2021 - Compensation Cess (Rate) come into effect?

Answer:
It came into force on 1st October 2021, as stated in Clause 2 of the notification.
This means all such carbonated fruit beverages sold after this date are subject to the new cess rate.

Q5: Under which law was this issued?

Answer:
It was issued under Section 8(2) of the Goods and Services Tax (Compensation to States) Act, 2017 (15 of 2017).
This section empowers the Central Government to levy or modify compensation cess rates on goods and services, based on GST Council recommendations.

Q6: What was the purpose of this notification?

Answer:
The aim was to:
✅ Bring clarity to the classification of fruit-based aerated beverages.
✅ Prevent misuse of tax categories where brands labeled carbonated drinks as “fruit juice” to avoid higher cess.
✅ Ensure uniformity across the industry and fair revenue collection for states.

Q7: What is the total tax rate applicable to such beverages now?

Answer:
Let’s break it down:
Basic GST (28%) + Compensation Cess (12%) = 40% total tax.
Example:
If a beverage costs ₹100 before tax, the total tax payable = ₹40.
Hence, the consumer pays ₹140 (₹100 + ₹40 tax).

Q8: Why was a 12% compensation cess imposed instead of a higher rate?

Answer:
The GST Council decided on 12% to maintain parity with similar beverages while avoiding excessive consumer burden.
It balances:
The sin tax nature of carbonated drinks, and
The nutritional factor of fruit-based beverages.

Q9: How does this impact beverage manufacturers?

Answer:
Manufacturers must now:
Reclassify their products under the new HSN and cess category.
Update invoicing systems to reflect 12% cess.
Revise pricing structures accordingly.
💼 Example:
A fruit beverage producer in Pune will now need to calculate cess in addition to the standard 28% GST.
Need to update your GST system? Consult Finodha GST Experts.

Q10: How should this be shown in GST returns?

Answer:
Businesses must report:
Taxable value under HSN 2202, and
Compensation Cess at 12% separately in GSTR-3B and GSTR-1.
💡 Tip: Use Finodha’s GST Return Filing Service to ensure error-free compliance.

Q11: How will this affect consumers?

Answer:
Consumers may notice a slight increase in retail prices of carbonated fruit beverages as companies pass on the cess cost.
However, pure fruit juices or non-carbonated drinks remain unaffected.

Q12: Was there any previous amendment to the same notification?

Answer:
Yes ✅
The previous amendment was Notification No. 2/2019 - Compensation Cess (Rate), issued on 30th September 2019, which adjusted cess on other categories.
Notification No. 01/2021 continues that process with a focus on the beverage sector.

Q13: What happens if a business fails to apply this cess?

Answer:
Failing to apply the cess correctly may result in:
Demand notices under Section 73 or 74 of the CGST Act,
Interest under Section 50, and
Penalties for misclassification.
💼 Avoid such risks with Finodha’s GST Compliance Services.

Q14: How does this notification contribute to state revenue compensation?

Answer:
The Compensation Cess is a special levy meant to compensate states for revenue losses during the transition to GST.
By adding new cess items, the government strengthens the compensation pool, ensuring states continue to receive fair shares.


🏁 Conclusion

Notification No. 01/2021 - Compensation Cess (Rate) adds clarity and fairness to GST taxation in the beverage industry, ensuring that carbonated fruit-based drinks are taxed appropriately at 12% compensation cess.

For beverage manufacturers, distributors, and retailers, timely compliance is essential to avoid penalties and maintain smooth operations.

💡 Ensure your GST returns reflect this change. Start filing today with Finodha GST Return Filing.


Download PDF: Notification No. 01/2021 - Compensation Cess (Rate)


More Information: https://taxinformation.cbic.gov.in/

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