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Changes in Compensation Cess Rate Notification w.r.t. supply of certain goods from January 01, 2022 to align it with HS 2022

Bimal jain
GST Compensation Cess Rates Amended to Align with HS-2022; Changes Affect Tobacco, Aircraft Classifications The Central Board of Indirect Taxes and Customs (CBIC) issued Notification No. 2/2021-Compensation Cess (Rate) on December 28, 2021, amending the GST compensation cess rates effective January 1, 2022, to align with the seventh edition of the Harmonized System (HS) nomenclature, HS-2022. This update involves significant changes to the classification of goods, including tobacco products and aircraft, under the HS codes. These changes reflect India's compliance with international standards and have also been incorporated into the Customs Tariff Act, 1975, to ensure consistency with the HS 2022 amendments. (AI Summary)

Background:

Earlier, the CBIC issued Notification No.1/2017-Compensation Cess (Rate) dated June 28, 2017 (“the CompensationCess Rate Notification”)in order tonotify the rate of GST compensation cess to be levied on the intra-State supplies or inter-State supplies of certain goods mentioned therein.

Further, the new (seventh) edition of the Harmonized System (HS) nomenclature i.e., HS-2022, has come into force from January 01, 2022. This edition has introduced significant changes to the Harmonized System with a total of 351 amendments at the six-digit level, covering a wide range of goods moving across borders.

As India is a party to the HS convention, necessary changes were brought in accordingly, in GST through the below mentioned notification:

Notification:

The CBIC vide Notification No. 2/2021-Compensation Cess (Rate) dated December 28, 2021 has amended the relevant entries of the Compensation Cess Rate Notification w.e.f. January 1, 2022, in the following manner:

S. No.

Old HSN

Old Entry

New HSN

New Entry

25

2403 91 00

Homogenised” or “reconstituted” tobacco, bearing a brand name

2403 91 00 or 2404 11 00

Homogenised” or “reconstituted” tobacco, bearing a brand name

37

2403 99 90

All goods, other than pan masala containing tobacco 'gutkha', bearing a brand name

2403 99 90 or 2404 11 00 or 2404 19 00

All goods, other than pan masala containing tobacco 'gutkha', bearing a brand name

38

2403 99 90

 

All goods, other than pan masala containing tobacco 'gutkha', not bearing a brand name

2403 99 90 or 2404 11 00 or 2404 19 00

All goods, other than pan masala containing tobacco 'gutkha', not bearing a brand name

54

8802

Other aircraft (for example, helicopters, aeroplanes), for personal use.

8802 or 8806

Other aircraft (for example, helicopters, aeroplanes), for personal use.

 

Our comments:

Similar changes have been adopted in Custom Tariff Act, 1975 from January 01, 2022 so as to align the same with HS 2022 vide D.O.F.No.524/11/2021-STO(TU) dated December 20, 2021

 

(Author can be reached at [email protected])

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