CIRCULAR NO-46/2018-F.No. 354/149/2017–TRU-Applicable GST rate on Priority Sector Lending Certificates (PSLCs), Renewable Energy Certificates (RECs) and other similar scrips -regarding

Circular No. 46/20/2018-GST

F. No. 354/149/2017 –TRU
Government of India
Ministry of Finance
Department of Revenue
Tax Research Unit
******

North Block, New Delhi
Dated the 6th June, 2018

To

The Principal Chief Commissioner/ Principal Directors General/Chief Commissioner/
Directors General/Principal Commissioner/ Commissioner of Central Excise and Central
Tax (All) / Director General of Systems

Madam / Sir,

Subject:Applicable GST rate on Priority Sector Lending Certificates (PSLCs),Renewable Energy Certificates (RECs) and other similar scrips -regarding

Representations have been received seeking clarification regarding the classificationand applicable GST rate on the Renewable Energy Certificates (RECs) and Priority SectorLending Certificates (PSLCs).

2. Earlier, in response to a FAQ, it was clarified (vide advertisement dated 27.07.2017),that MEIS and other scrips like SEIS and IEIS are goods classified under heading 4907 andattract 12% GST, which is the general GST rate for goods falling under heading 4907.Subsequently, the duty credit scrips classifiable under 4907 were exempted from GST, whilestock, share or bond certificates and similar documents of title [other than Duty Credit Scrips],
classifiable under heading 4907, attract 12% GST.

3. Later on, Circular No. 34/8/2018- GST dated 01.03.2018 (S.No.3) was issued clarifyingthat PSLCs are taxable as goods at a standard rate of 18 % under the residual entry S. No. 453of Schedule III of notification No. 01/2017-Central Tax (Rate).

4. As a result, there is lack of clarity on the applicable rate of GST on various scrips/certificates like RECs, PSLCs etc.

5. The matter has been re-examined. GST rate of 18 % under the residual entry at S.No.453 of Schedule III of notification No. 01/2017-Central Tax (Rate) applies only to those goodswhich are not covered under any other entries of Schedule I, II, IV, V, or VI of the notification.In other words, if any goods are covered under any of the entries of Schedule I, II, IV, V, or VI,
the GST rate applicable on them will be decided accordingly, without resorting to the residualentry 453 of Schedule III.

6. As such, various certificates like RECs, PSLCs etc are classified under heading 4907and will accordingly attract GST @ 12 %, though duty paying scrips classifiable under thesame heading will attract Nil GST{under S.No. 122A of Notification No. 2/2017-Central Tax(Rate) dated 28.06.2017, as amended vide Notification No. 35/2017-Central Tax (Rate) dated13.10.2017}.

7. Accordingly, in modification of S.No. 3 of Circular No. 34/8/2018- GST dated
01.03.2018, it is hereby clarified that Renewable Energy Certificates (RECs) and PrioritySector Lending Certificates (PSLCs) and other similar documents are classifiable underheading 4907 and attract 12% GST. The duty credit scrips, however, attract Nil GST underS.No. 122A of Notification No. 2/2017-Central Tax (Rate) dated 28.06.2017.

8. If any difficulty is faced, the same should be brought to the notice of the Board. Hindiversion would follow.

Yours faithfully,

(Dr. Ajay K. Chikara)
Technical Officer
Tax Research Unit

DOWNLOAD
PDF………………….https://www.cbic.gov.in/resources//htdocs-cbec/gst/Circular_No.46.pdf;jsessionid=7569F2D3F97E0241A9ADB8B0C3BCE2D7

Leave a Reply

Your email address will not be published. Required fields are marked *