Changes in GST rate on textile, footwear, etc. to mitigate inverted duty structure

Background:

The GST Council’s 45th meeting was held on September 17, 2021 in Lucknow under the chairmanship of the Union Finance & Corporate Affairs Minister Smt. Nirmala Sitharaman. The GST Council has inter-alia made the recommendations relating to changes in GST rates to mitigate inverted duty structure.

Following Notification has been issued in respect of the same.

Notification:

The CBIC vide Notification No. 14/2021- Central Tax (Rate) dated November 18, 2021 amended Notification No. 1/2017- Central Tax (Rate) dated June 28, 2017 w.e.f. January 1, 2022 as under:

1. Omitted following entries:

Schedule I- 2.5%

S. No.

Heading Description
203. 5007

Woven fabrics of silk or of silk waste

204. 5104 Garneted stock of wool or of fine or coarse animal hair, shoddy wool

207.

5111 to 5113 Woven fabrics of wool or of animal hair
211. 5208 to 5212

Woven fabrics of cotton

216.

5309 to 5311

Woven fabrics of other vegetable textile fibres, paper yarn

217. 5407, 5408

Woven fabrics of manmade textile materials

218.

5512 to 5516 Woven fabrics of manmade staple fibres
218B 5607

Jute twine, coir cordage or ropes

218C

5608

Knotted netting of twine, cordage or rope; made up fishing nets and other made up nets, of textile materials

219A 5801

all goods

219AA

5806

Narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs)

219B 5808

Saree fall

220.

5809, 5810

Embroidery or zari articles, that is to say,- imi, zari, kasab, salma, dabka, chumki, gota, sitara, naqsi, kora, glass beads, badla, gizai

221. 60

Knitted or crocheted fabrics All goods

222.

61 or 6501 or 6505 Article of apparel and clothing accessories or cap/topi, knitted or crocheted, of sale value not exceeding ₹ 1000 per piece

223.

62

Articles of apparel and clothing accessories, not knitted or crocheted, of sale value not exceeding ₹ 1000 per piece

224.

63 [other than 6305 32 00, 6305 33 00, 6309]

Other made up textile articles, sets, of sale value not exceeding ₹ 1000 per piece

224A 6309 or 6310

Worn clothing and other worn articles; rags

225.

64

Footwear of sale value not exceeding ₹ 1000 per pair

Schedule II- 6%

S. No.

Heading Description
132A 5401

Sewing thread of manmade filaments, whether or not put up for retail sale

132B

5402, 5403, 5404,5405,5406

Synthetic or artificial filament yarns

132C

5508 Sewing thread of manmade staple fibres
132D 5509, 5510, 5511

Yarn of manmade staple fibres.

171.

63 [other than 6309]

Other made up textile articles, sets of sale value exceeding ₹ 1000 per piece [other than Worn clothing and other worn articles; rags]

Schedule III- 9%

S. No.

Heading Description
159.

5402, 5404, 5406

All goods other than synthetic filament yarns

160.

5403, 5405, 5406

All goods other than artificial filament yarns.
161. 5501, 5502

Synthetic or artificial filament tow

162.

5503, 5504, 5506, 5507

Synthetic or artificial staple fibres
163. 5505

Waste of manmade fibres

2. Inserted following entries:

Schedule II- 6%

S. No.

Heading Description
132AA 5007

Woven fabrics of silk or of silk waste.

132AB

5111

Woven fabrics of carded wool or of carded fine animal hair.

132AC 5112

Woven fabrics of combed wool or of combed fine animal hair.

132AD

5113

Woven fabrics of coarse animal hair or of horse hair.

132AE 5208

Woven fabrics of cotton, containing 85% or more by weight of cotton, weighing not more than 200g/m2.

132AF

5209

Woven fabrics of cotton, containing 85% or more by weight of cotton, weighing more than 200g/m2.

132AG 5210

Woven fabrics of cotton, containing less than 85% by weight of cotton, mixed mainly or solely with man-made fibres, weighing not more than 200g/m2.

132AH

5211

Woven fabrics of cotton, containing less than 85% by weight of cotton, mixed mainly or solely with man-made fibres, weighing more than 200g/m2.

132AI 5212

Other woven fabrics of cotton.

132AJ

5309 Woven fabrics of flax.
132AK 5310

Woven fabrics of jute or of other textile bast fibres of heading 5303.

132AL

5311

Woven fabrics of other vegetable textile fibres; woven fabrics of paper yarn.;

132BA 5401

Sewing thread of man-made filaments, whether or not put up for retail sale.

132BB

5402

Synthetic filament yarn (other than sewing thread), not put up for retail sale, including synthetic monofilament of less than 67 decitex.

132BC 5403

Artificial filament yarn (other than sewing thread), not put up for retail sale, including artificial monofilament of less than 67 decitex.

132BD

5404

Synthetic monofilament of 67 decitex or more and of which no cross-sectional dimension exceeds 1 mm; strip and the like (for example, artificial straw) of synthetic textile materials of an apparent width not exceeding 5 mm.

132BE 5405

Artificial monofilament of 67 decitex or more and of which no cross-sectional dimension exceeds 1 mm; strip and the like (for example, artificial straw) of artificial textile materials of an apparent width not exceeding 5 mm.

132BF

5406

Man-made filament yarn (other than sewing thread), put up for retail sale.

 132BG 5407

Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404.

132BH

5408

Woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 5405.;

132CA 5501

Synthetic filament tow.

132CB

5502 Artificial filament tow
132CC 5503

Synthetic staple fibres, not carded, combed or otherwise processed for spinning.

132CD

5504

Artificial staple fibres, not carded, combed or otherwise processed for spinning.

132CE 5505

Waste (including noils, yarn waste and garnetted stock) of man-made fibres.

132CF

5506

Synthetic staple fibres, carded, combed or otherwise processed for spinning.

132CG 5507

Artificial staple fibres, carded, combed or otherwise processed for spinning.

132CH

5508

Sewing thread of man-made staple fibres, whether or not put up for retail sale.

132CI 5509

Yarn (other than sewing thread) of synthetic staple fibres, not put up for retail sale.

132CJ

5510

Yarn (other than sewing thread) of artificial staple fibres, not put up for retail sale.

132CK 5511

Yarn (other than sewing thread) of man-made staple fibres, put up for retail sale.

132CL

5512

Woven fabrics of synthetic staple fibres, containing 85% or more by weight of synthetic staple fibres.

132CM 5513

Woven fabrics of synthetic staple fibres, containing less than 85% by weight of such fibres, mixed mainly or solely with cotton, of a weight not exceeding 170 g/m2.

132CN 5514 Woven fabrics of synthetic staple fibres, containing less than 85% by weight of such fibres, mixed mainly or solely with cotton, of a weight exceeding 170 g/m2.

132CO

5515 Other woven fabrics of synthetic staple fibres.
132CP 5516

Woven fabrics of artificial staple fibres.;

139A

5608

Knotted netting of twine, cordage or rope; made up of fishing nets and other made up nets, of textile materials.;

146A 5801

Woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806.;

151A

5806

Narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs).;

168A 6001

Pile fabrics, including ―long pile‖ fabrics and terry fabrics, knitted or crocheted.

168B

6002

Knitted or crocheted fabrics of a width not exceeding 30 cm, containing by weight 5% or more of elastomeric yarn or rubber thread, other than those of heading 6001.

168C 6003

Knitted or crocheted fabrics of a width not exceeding 30 cm, other than those of heading 6001 or 6002.

168D

6004

Knitted or crocheted fabrics of a width exceeding 30 cm, containing by weight 5% or more of elastomeric yarn or rubber thread, other than those of heading 6001.

168E 6005

Warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004.

168F

6006 Other knitted or crocheted fabrics.;
171A1 6301

Blankets and travelling rugs.

171A2

6302 Bed linen, table linen, toilet linen and kitchen linen.
171A3 6303

Curtains (including drapes) and interior blinds; curtain or bed valances.

171A4

6304

Other furnishing articles, excluding those of heading 9404.

171A5 6305

Sacks and bags, of a kind used for the packing of goods.

171A6

6306

Tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards

or landcraft; camping goods.

171A7 6307

Other made up articles, including dress patterns.

171A8

6308

Sets, consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered table cloths or serviettes, or similar textile articles, put up in packings for retail sale.

171A9 6309

Worn clothing and other worn articles.

171A10

6310

Used or new rags, scrap, twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables, of textile materials.

171A11 64

Footwear of sale value not exceeding Rs.1000 per pair.

3. Substituted following entries:

Schedule II- 6%

S. No.

Heading Description (Old) Description (Substituted)
139. 5607

Twine, cordage, ropes and cables, whether or not plaited or braided and whether or not impregnated, coated, covered or sheathed with rubber or plastics other than jute twine, coir cordage or ropes

Twine, cordage, ropes and cables, whether or not plaited or braided and whether or not impregnated, coated or sheathed with rubber or plastics

154.

5808

Braids in the piece; ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; tassels, pompons and similar articles other than saree fall

Braids in the piece; ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; tassels, pompons and similar articles

155. 5809

Woven fabrics of metal thread and woven fabrics of metallised yarn of heading 5605, of a kind used in apparel, as furnishing fabrics or for similar purposes, not elsewhere specified or included; such as Zari borders [other than Embroidery or zari articles, that is to say,- imi, zari, kasab, saima, dabka, chumki, gota sitara, naqsi, kora, glass beads, badla, glzal

Woven fabrics of metal thread and woven fabrics of metallised yarn of heading 5605, of a kind used in apparel, as furnishing fabrics or for similar purposes, not elsewhere specified or included

156.

5810

Embroidery in the piece, in strips or in motifs, Embroidered badges, motifs and the like [other than Embroidery or zari articles, that is to say,- imi, zari, kasab, saima, dabka, chumki, gota sitara, naqsi, kora, glass beads, badla, glzal

Embroidery in the piece, in strips or in motifs

168. 5911

Textile products and articles, for technical uses, specified in Note 7 to this Chapter; such as Textile fabrics, felt and felt-lined woven fabrics, coated, covered or laminated with rubber, leather or other material, of a kind used for card clothing, and similar fabrics of a kind used for other technical purposes, including narrow fabrics made of velvet impregnated with rubber, for covering weaving spindles (weaving beams); Bolting cloth, whether or Not made up; Felt for cotton textile industries, woven; Woven textiles felt, whether or not impregnated or coated, of a kind commonly used in other machines, Cotton fabrics and articles used in machinery and plant, Jute fabrics and articles used in machinery or plant, Textile fabrics of metalised yarn of a kind commonly used in paper making or other machinery, Straining cloth of a kind used in oil presses or the like, including that of human hair, Paper maker’s felt, woven, Gaskets, washers, polishing discs and other machinery parts of textile articles

Textile products and articles, for technical uses, specified in Note 7 to  Chapter 59 ; such as Textile fabrics, felt and felt-lined woven fabrics, coated, covered or laminated with rubber, leather or other material, of a kind used for card clothing, and similar fabrics of a kind used for other technical purposes, including narrow fabrics made of velvet impregnated with rubber, for covering weaving spindles (weaving beams); Bolting cloth, whether or Not made up; Felt for cotton textile industries, woven; Woven textiles felt, whether or not impregnated or coated, of a kind commonly used in other machines, Cotton fabrics and articles used in machinery and plant, Jute fabrics and articles used in machinery or plant, Textile fabrics of metalised yarn of a kind commonly used in paper making or other machinery, Straining cloth of a kind used in oil presses or the like, including that of human hair, Paper maker’s felt, woven, Gaskets, washers, polishing discs and other machinery parts of textile articles

Similar notifications have been passed under Integrated Goods and Services Tax Act, 2017 (“IGST Act”) and Union Territory Goods and Services Tax Act, 2017 (“UTGST Act”).

CGST (Rate) Notification: http://www.a2ztaxcorp.com/wp-content/uploads/2021/11/Notification-14-2021-CGST.pdf

IGST (Rate) Notification: http://www.a2ztaxcorp.com/wp-content/uploads/2021/11/Notification-14-2021-IGST.pdf

UTGST (Rate) Notification: http://www.a2ztaxcorp.com/wp-content/uploads/2021/11/Notification-14-2021-UTGST.pdf

Our comments:

The above amendment has been made to change GST rate from 5% and 18% to 12% to overcome refund of Inverted Duty Structure w.e.f. January 1, 2022. However, it is not the solution as, by increasing the GST rate on most of the textile products from 5% to 12%, the Government has created more hurdles for the textile industry as this sector is majorly un-organised. Instead the Government should have brought down the rates of raw material to 5% and ensure sustainability of sectors as it creates employment opportunities, fighting with pricing and costing, etc.

Further, if the intention of the government was to remove the inverted duty structure, then reversal of ITC should not have been made compulsory for the textile industry in July 2018. In this regard, the textile industry may place its representation before the GST Council to either re-allow the reversal of ITC made by the industry in July 2018 or any alternative solution to mitigate the said reversal loss.

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