GST exemptions vide notification no. 28/2017 dated22.09.17

Ankita Khetan | Sep 24, 2017 |

GST exemptions vide notification no. 28/2017 dated22.09.17

GST exemptions vide notification no. 28/2017 dated22.09.17

Seeks to amend notification no. 2/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst exemptions.


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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)
Notification No. 28/2017-Central Tax (Rate)

New Delhi, the 22nd September, 2017

G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 11 of theCentral Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on therecommendations of the Council, hereby makes the following amendments in the notification ofthe Government of India in the Ministry of Finance (Department of Revenue), No.2/2017-Central 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. 674(E), dated the 28th June, 2017,namely:-
In the said notification,-

(A) in the Schedule,-

(i) against serial number 27, in column (3), for the words other than put up in unitcontainers and bearing a registered brand name, the words, brackets and letters otherthan those 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 acourt of law is available [other than those where any actionable claim orenforceable right in respect of such brand name has been foregone voluntarily,subject to the conditions as in the ANNEXURE I], shall be substituted;

(ii) against serial numbers 29 and 45, in column (3), for the words other than put up inunit container and bearing a registered brand name, the words, brackets and lettersother than those 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 acourt of law is available [other than those where any actionable claim orenforceable right in respect of such brand name has been foregone voluntarily,subject to the conditions as in the ANNEXURE I], shall be substituted;

(iii) against serial numbers 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 77 8 and 78, incolumn (3), for the words other than those put up in unit container and bearing aregistered brand name, the words, brackets and letters other than those put up in unitcontainer and,-

(a) bearing a registered brand name; or
(b) bearing a brand name on which an actionable claim or enforceable right in acourt of law is available [other than those where any actionable claim orenforceable right in respect of such brand name has been foregone voluntarily,
subject to the conditions as in the ANNEXURE I], shall be substituted;

(iv) against serial number 101, in column (3), for the words other than put up in unitcontainer and bearing a registered brand name, the words, brackets and letters otherthan those 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 acourt of law is available [other than those where any actionable claim orenforceable right in respect of such brand name has been foregone voluntarily,subject to the conditions as in the ANNEXURE I], shall be substituted;

(v) against serial number 108, in column (3), for the words other than put up in unitcontainers and bearing a registered brand name, the words, brackets and letters otherthan those 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 acourt of law is available [other than those where any actionable claim orenforceable right in respect of such brand name has been foregone voluntarily,subject to the conditions as in the ANNEXURE I], shall be substituted;

(vi) in S. No. 102, for the entries in column (2) ,the entries 2301,2302, 2308, 2309,shall be substituted;
(vii) after S. No. 102 and the entries relating thereto, the following serial number and theentries shall be inserted, namely:-

102A2306Cotton seed oil cake ;

(viii) after S. No. 130 and the entries relating thereto, the following serial number and theentries shall be inserted, namely:-

130A50 to55Khadi fabric, sold through Khadi and VillageIndustries Commission (KVIC) and KVIC certifiedinstitutions/outlets ;

(ix) after S. No. 135 and the entries relating thereto, the following serial number and theentries shall be inserted, namely:-

135A69Idols made of clay ;

(x) in S. No. 138, for the entry in column (3) ,the entry Charkha for hand spinning ofyarns, including amber charkha, shall be substituted;

(xi) in S. No. 143, for the entry in column (3), the entry Indigenous handmade musical
instruments as listed in ANNEXURE II, shall be substituted;

(xii) in S. No. 144, for the entry in column (3) ,the entry Muddhas made of sarkanda,Brooms or brushes, consisting of twigs or other vegetable materials, bound together, withor without handles, shall be substituted;

(B) 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, aname or a mark, such as symbol, monogram, label, signature or invented word orwriting 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 goodsand some person using such name or mark with or without any indication of theidentity 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 May 2017 under the Copyright Act, 1957(14of 1957);
(C) a brand registered as on the 15th May 2017 under any law for the time being inforce in any other country.;

(C) after paragraph 2, the following Annexures shall be inserted, namely: –

ANNEXURE I

For foregoing an actionable claim or enforceable right on a brand name,-
(a) the person undertaking packing of such goods in unit containers which bears a brandname shall file an affidavit to that effect with the jurisdictional commissioner ofCentral tax that he is voluntarily foregoing his actionable claim or enforceable right onsuch brand name as defined in Explanation (ii)(a); and
(b) the person undertaking packing of such goods in unit containers which bear a brandname shall, on each such unit containers, clearly print in indelible ink, both in Englishand 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 rightvoluntarily.

ANNEXURE II

1.Bulbul Tarang
2.Dotar, Dotora, or Dotara
3.Ektara
4.Getchu Vadyam or Jhallari
5.Gopichand or Gopiyantra or Khamak
6.Gottuvadhyam or Chitravina
7.Katho
8.Sarod
9.Sitar
10.Surbahar
11.Surshringar
12.Swarabat
13.Swarmandal
14.Tambura
15.Tumbi
16.Tuntuna
17.Magadi Veena
18.Hansaveena
19.Mohan Veena
20.Nakula Veena
21.Nanduni
22.Rudra Veena
23.Saraswati Veena
24.Vichitra Veena
25.Yazh
26.Ranjan Veena
27.Triveni Veena
28.Chikara
29.Dilruba
30.Ektara violin
31.Esraj
32.Kamaicha
33.Mayuri Vina or Taus
34.Onavillu
35.Behala(violin type)
36.Pena or Bana
37.Pulluvan veena – one stringed violin
38.Ravanahatha
39.Folk sarangi
40.Classical Sarangi
41.Sarinda
42.Tar shehnai
43.Gethu or Jhallari
44.Gubguba or Jamuku – Percussion string instrument
45.Pulluvan Kutam
46.Santoor – Hammered chord box
47.Pepa
48.Pungi or Been
49.Indian Harmonium: Double reed
50.Kuzhal
51.Nadaswaram
52.Shehnai
53.Sundari
54.Tangmuri
55.Alghoza – double flute
56.Bansuri
57.Venu (Carnatic flute) Pullanguzhal
58.Mashak
59.Titti
60.Sruti upanga
61.Gogona
62.Morsing
63.Shruti box
64.Harmonium (hand-pumped)
65.Ekkalam
66.Karnal
67.Ramsinga
68.Kahal
69.Nagphani
70.Turi
71.Dhad
72.Damru
73.Dimadi
74.Dhol
75.Dholak
76.Dholki
77.Duggi
78.Ghat singhari or gada singari
79.Ghumot
80.Gummeta
81.Kanjira
82.Khol
83.Kinpar and Dhopar (tribal drums)
84.Maddale
85.Maram
86.Mizhavu
87.Mridangam
88.Pakhavaj
89.Pakhavaj jori – Sikh instrument similar to tabla
90.Panchamukha vadyam
91.Pung
92.Shuddha madalam or Maddalam
93.Tabala / tabl / chameli – goblet drum
94.Tabla
95.Tabla tarang – set of tablas
96.Tamte
97.Thanthi Panai
98.Thimila
99.Tumbak, tumbaknari, tumbaknaer
100.Daff, duff, daf or duf Dimdi or dimri – small frame drum without jingles
101.Kanjira – small frame drum with one jingle
102.Kansi – small without jingles
103.Patayani thappu – medium frame drum played with hands
104.Chenda
105.Dollu
106.Dhak
107.Dhol
108.Dholi
109.Idakka
110.Thavil
111.Udukai
112.Chande
113.Nagara – pair of kettledrums
114.Pambai – unit of two cylindrical drums
115.Parai thappu, halgi – frame drum played with two sticks
116.Sambal
117.Stick daff or stick duff – daff in a stand played with sticks
118.Tamak’
119.Tasha – type of kettledrum
120.Urumee
121.JaltarangChimpta – fire tong with brass jingles
122.Chengila – metal disc
123.Elathalam
124.Geger – brass vessel
125.Ghatam and Matkam (Earthenware pot drum)
126.Ghungroo
127.Khartal or Chiplya
128.Manjeera or jhanj or taal
129.Nut – clay pot
130.Sankarjang – lithophone
131.Thali – metal plate
132.Thattukazhi mannai
133.Kanch tarang, a type of glass harp
134.Kashtha tarang, a type of xylophone..

[F.No.354/117/2017-TRU Pt-II]

(Mohit Tewari)
Under Secretary to the Government of India

Note:The principal notification No.2/2017-Central Tax(Rate), dated the 28th June, 2017 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide numberG.S.R. 674(E), dated the 28th June, 2017.

Download the official notification no. 28/2017 dated 22.09.2017

Download the official notification no. 2/2017 dated 28.06.2017

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