Important keyword: GST food distribution scheme, GST welfare supply rate, notification 39/2017 explanation, GST free distribution India, concessional GST food schemes,
Words: 909 Read time: 5 minutes.
Table of Contents
[F. No. 354/117/2017- TRU (Pt. III)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)
New Delhi, the 18th October, 2017
Notification No. 39/2017 - Central Tax (Rate): Seeks to reduce GST rate on Food preparations put up in unit containers and intended for free distribution to economically weaker sections of the society under a program me duly approved by the Central Government or any State Government.
GST: [TO BE PUBLISHED IN PART II, SECTION 3, SUB- SECTION (i) OF THE GAZETTE OF INDIA, EXTRAORDINARY]
G. S. R. (E).- In exercise of the powers conferred by sub- section (1) of section 9 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby notifies the central tax rate of 2.5 per cent on intra- State supplies of goods, the description of which is specified in column (3) of the Table below, falling under the tariff item, sub- heading, heading or Chapter, as the case may be, as specified in the corresponding entry in column (2), subject to the condition specified in column (4) of the Table below, namely:-
Table
| Sl. No . | Tariff item, sub- heading, heading or Chapter | Description of Goods | Condition |
| (1) | (2) | (3) | (4) |
| 1. | 19 or 21 | Food preparations put up in unit containers and intended for free distribution to economically weaker sections of the society under a programmer duly approved by the Central Government or any State Government. | When the supplier of such food preparations produces a certificate from an officer not below the rank of the Deputy Secretary to the Government of India or the Deputy Secretary to the State Government or the Deputy Secretary in the Union Territory concerned to the effect that such food preparations have been distributed free to the economically weaker sections of the society under a programmer duly approved by the Central Government or the State Government concerned, within a period of five months from the date of supply of such goods or within such further period as the jurisdictional commissioner of the Central tax or jurisdictional commissioner of the State tax, or jurisdictional officer of the Union Territory Tax as the case maybe, may allow in this regard. |
Explanation. –
- In this notification, “tariff item”, “sub- heading” “heading” and “Chapter” shall mean respectively a tariff item, heading, sub- heading and Chapter as specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975).
- The rules for the interpretation of the First Schedule to the said Customs Tariff Act, 1975, including the Section and Chapter Notes and the General Explanatory Notes of the First Schedule shall, so far as may be, apply to the interpretation of this notification.
(Mohit Tewari)
Under Secretary to the
Government of India.
📚 Frequently Asked Questions (FAQs): Notification No. 39/2017 – Central Tax (Rate)
Q1: What is Notification 39/2017 in GST?
Answer:
It reduces GST to 2.5% on food preparations supplied for free distribution under government-approved schemes.
However, this benefit applies only if strict conditions like certification and proper usage are met.
Q2: What type of goods are covered?
Answer:
Food preparations under Chapters 19 and 21.
These include processed food items like mixes, ready-to-eat items, and similar products.
Q3: Does this apply to all food supplies to government?
Answer:
No.
It applies only when food is distributed free to economically weaker sections under approved schemes.
Q4: Is certificate mandatory?
Answer:
Yes.
Without certificate from a Deputy Secretary-level officer, concessional GST cannot be claimed.
Q5: What is the time limit for certificate?
Answer:
5 months from date of supply.
Extension may be granted by authorities.
Q6: Can NGOs use this benefit?
Answer:
Yes, if they are working under a government-approved program.
Private charity alone does not qualify.
Q7: Does subsidised sale qualify?
Answer:
No.
The supply must be free, not discounted or subsidised.
Q8: What happens if certificate is not obtained?
Answer:
Supplier may have to pay full GST along with interest.
Q9: Is this an exemption?
Answer:
No.
This is a reduced rate notification, not full exemption.
Q10: Is packaging compulsory?
Answer:
Yes.
Food must be supplied in unit containers.
Q11: Who issues GST notifications like this?
Answer:
The government issues them through CBIC, based on GST Council recommendations.
Q12: Is this notification still relevant?
Answer:
Yes, but subject to updates.
Later notifications may refine applicability.
Download PDF: Notification No. 39/2017 – Central Tax (Rate)
More Information: https://taxinformation.cbic.gov.in/
Read more interesting articles:

