GST rate on Fish meal and other raw materials used for making cattle/poultry/aquatic feed
CBIC has issued Circular No. 80/54 /2018-GST clarifying GST rates & classification of various goods.
Applicable GST rate on Fish meal and other raw materials used for making cattle/poultry/aquatic feed:
Representations have been received seeking clarification regarding GST rate applicable on the other raw materials/inputs used for making cattle/poultry/aquatic feed. The classification dispute here is between the following two entries in the two notifications. The details are as under:
| Notification | Tariff Line | Description | Rate |
| S. No. 102 of notification No. 2/2017- Central Tax (Rate) dated 28.6.2017 | 2301, 2302, 2308, 2309 | Aquatic feed including shrimp feed and prawn feed, poultry feed & cattle feed, including grass, hay & straw, supplement & husk of pulses, concentrates & additives, wheat bran & de-oiled cake | NIL |
| S. No. 103 of notification No. 1/2017- Central Tax (Rate) dated 28.6.2017 | 2301 | Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves | 5% |
A number of raw materials such as fish meal falling under heading 2301, meat and bone meal also falling under heading 2301, oil cakes of various oil seeds, soya seeds, bran, sharps, residue of starch and all other goods falling under headings 2302, 2303, 2304, etc are used to manufacture/formulation of, aquatic feed, animal feed, cattle feed, poultry feed etc. These raw materials/inputs cannot be directly used for feeding animal and cattle. The Larger Bench of the Hon’ble Supreme Court in the Commissioner of Customs (Import), Mumbai vs. Dilip Kumar [2018 (361) E.L.T 577] has laid down that inputs for animal feed are different from the animal feed. Said S. No. 102 covers the prepared aquatic/ poultry/cattle feed falling under headings 2309 and 2301. This entry does not apply to raw material/inputs like fish meals or meat cum bone meal (MBM) falling under heading 2301.
It is accordingly clarified that fish meals, meat cum bone meal (MBM) etc., attract 5% GST under S. No. 103 in notification No. 1/2017- Central Tax (Rate) dated 28.6.2017
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Notification no 2/2017 and 1/2017 include 2 different tax rate on same product I,e fish meal powder..now the govt give a clarification under the new circular no 80/54-2018 notify that it attracts 5% gst rate. That rate effective from which date?
Our previous sales we considered as nill.we are not collecting any tax..so this 5% effective from our previous sales or not ?