CBIC notifies list of goods which may not be exported on payment of integrated tax and on which the supplier of such goods or services may claim the refund of tax so paid

Background:

Earlier, the Government by exercising the power conferred under Section 16(4) of the Integrated Goods and Services Tax Act, 2017 (“the IGST Act”), vide this notification notified the class of goods or services which may be exported on payment of integrated tax and the supplier of such goods or services may claim the refund of tax so paid.

Notification:

Now, the CBIC vide Notification No. 01/2023 – Integrated Tax dated July 31, 2023, has issued the list of goods that are not eligible for export on payment of integrated tax. In other words, the goods and services other than those mentioned in the notification can be exported on payment of integrated tax and the supplier of such goods or services may claim the refund of tax so paid.

S.No.

Chapter / Heading / Sub-heading / Tariff item

Description of Goods

(1)

(2)

(3)

1. 2106 90 20

Pan-masala

2.

2401 Unmanufactured  tobacco  (without  lime  tube)  – bearing a brand name
3. 2401

Unmanufactured tobacco (with lime tube) – bearing a brand name

4.

2401 30 00 Tobacco refuse, bearing a brand name
5. 2403 11 10

‘Hookah’ or ‘gudaku’ tobacco bearing a brand name

6.

2403 11 10 Tobacco used for smoking ‘hookah’ or ‘chilam’ commonly known as ‘hookah’ tobacco or ‘gudaku’ not bearing a brand name
7. 2403 11 90

Other water pipe smoking tobacco not bearing a brand name.

8.

2403 19 10 Smoking mixtures for pipes and cigarettes
9. 2403 19 90

Other smoking tobacco bearing a brand name

10.

2403 19 90 Other smoking tobacco not bearing a brand name
11. 2403 91 00

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

12.

2403 99 10 Chewing tobacco (without lime tube)
13. 2403 99 10

Chewing tobacco (with lime tube)

14.

2403 99 10 Filter khaini
15. 2403 99 20

Preparations containing chewing tobacco

16.

2403 99 30 Jarda scented tobacco
17. 2403 99 40

Snuff

18.

2403 99 50 Preparations containing snuff
19. 2403 99 60

Tobacco extracts and essence bearing a brand name

20.

2403 99 60 Tobacco extracts and essence not bearing a brand Name
21. 2403 99 70

Cut tobacco

22.

2403 99 90 Pan masala containing tobacco ‘Gutkha’
23. 2403 99 90

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

24.

2403 99 90 All goods, other than pan masala containing tobacco ‘gutkha’, not bearing a brand name
25. 3301 24 00,

3301 25 10,

3301 25 20,

3301 25 30,

3301 25 40,

3301 25 90

Following essential oils other than those of citrus fruit namely: –

(a) Of peppermint (Mentha piperita);

(b) Of other mints : Spearmint oil (ex-mentha spicata), Water mint-oil (exmentha aquatic), Horsemint oil (ex-mentha sylvestries), Bergament oil (exmentha citrate), Mentha arvensis

Explanation. –

(i) In this Table, “tariff item”, “sub-heading”, “heading” and “chapter” shall mean respectively a tariff item, subheading, heading and chapters as specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975).

(ii) The rules for the interpretation of the First Schedule to the said Customs Tariff Act, 1975 (51 of 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.

(iii) For the purposes of this notification, the phrase “brand name” means brand name or trade name, whether registered or not, that is to say, a name or a mark, such as symbol, monogram, label, signature or invented word or writing 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 goods and some person using such name or mark with or without any indication of the identity of that person.

The notification is effective from October 1, 2023.

The Notification can be accessed at: https://a2z-bucket.s3.ap-south-1.amazonaws.com/wp-content/uploads/2023/08/No.-01-2023-–-Integrated-Tax-dated-July-31-2023.pdf

(Author can be reached at info@a2ztaxcorp.com)

DISCLAIMER: The views expressed are strictly of the author and A2Z Taxcorp LLP. The contents of this article are solely for informational purpose and for the reader’s personal non-commercial use. It does not constitute professional advice or recommendation of firm. Neither the author nor firm and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any information in this article nor for any actions taken in reliance thereon. Further, no portion of our article or newsletter should be used for any purpose(s) unless authorized in writing and we reserve a legal right for any infringement on usage of our article or newsletter without prior permission.

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