Important Keyword: Notification 40/2017 IGST, GST food distribution India, welfare scheme GST India, food preparation GST 5%, government supply GST India,
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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. 40/2017 - Integrated 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 5 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), the Central Government, on the recommendations of the Council, hereby notifies the rate of the integrated tax of 5 per cent on inter-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 program me 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 program me 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. 40/2017 — Integrated Tax (Rate)
Q1: What is GST rate under Notification 40/2017?
Answer: 5%.
Applicable for food preparations supplied for free distribution under government-approved schemes.
Q2: Does this apply to all food supplies?
Answer: No.
Only specific supplies under welfare programs qualify.
Q3: Is certificate mandatory?
Answer: Yes.
Without certificate, concessional rate cannot be claimed.
Q4: What is the time limit for certificate?
Answer: 5 months.
From date of supply.
Q5: Does this apply to NGOs?
Answer: Only if under government scheme.
Private distribution does not qualify.
Q6: Are loose food supplies covered?
Answer: Generally no.
Goods must be in unit containers.
Q7: What if goods are sold instead of distributed?
Answer: Normal GST applies.
Benefit is only for free distribution.
Q8: Who issues certificate?
Answer: Government officer.
Not below Deputy Secretary rank.
Q9: Is ITC allowed?
Answer: Yes, subject to rules.
Depends on business structure.
Q10: What happens if conditions are not met?
Answer: Full GST becomes payable.
Along with interest/penalty.
Q11: Is this applicable today?
Answer: Yes, currently active.
Check latest amendments.
Q12: Does this reduce cost for government?
Answer: Yes.
Lower GST reduces procurement cost.
Q13: Can supplier claim benefit directly?
Answer: Yes, but with conditions.
Compliance is essential.
Download PDF: Notification No. 40/2017 — Integrated Tax (Rate)
More Information: https://taxinformation.cbic.gov.in/
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