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The Finance Ministry on Wednesday clarified that all branded cereals, pulses and flours deemed to be a registered brand under any law in the country, including the Copyright Act as on May 15, 2017, will attract Goods and Services Tax at the rate of five per cent.
“The GST Council, in its 21st meeting held on September 9, 2017 at Hyderabad has recommended five per cent GST rate on cereals, pulses and flours etc. put in unit container and bearing a registered brand name,” said an official statement.
The issue had come up as many manufacturers were de-registering their brand names to avoid the levy.
The Ministry also said that a mark or name on which actionable claim is available shall also be deemed to be a registered brand name.
However, GST will not apply if the concerned person voluntarily foregoes any actionable claim or enforceable right on such brand name after filing an affidavit to the effect with the jurisdictional Commissioner of Central Tax or State Tax, or the jurisdictional officer of Union Territory Tax, as the case may be.
The person will also be expected to print in indelible ink, both in English and local language on each such unit container, that in respect of brand name printed on the unit containers he has voluntarily foregone his actionable claim or enforceable right, the Ministry said.
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