Goods Classified under Chapter 86 Supplied to Railways Attract 5% GST

· Goods Other Than in Chapter 86 Supplied to Railways will attract General GST Rates

[Circular No. 30/4/2018-GST dated 25 January 2018]

Subject: Clarification on supplies made to the Indian Railways classifiable under any chapter, other than Chapter 86

Representations have been received that certain suppliers are making supplies to the railways of items classifiable under any chapter other than chapter 86, charging the GST rate of 5%.

2. The matter has been examined. Vide notification No. 1/2017 –Central Tax (Rate) dated 28th June, 2017, read with notification No. 5/2017-Central Tax (Rate) dated 28^th June, 2017, goods classifiable under Chapter 86 are subjected to 5% GST rate with no refund of unutilised input tax credit (ITC). Goods classifiable in any other chapter attract the applicable GST, as specified under notification No. 1/2017 –Central Tax (Rate) dated 28^th June, 2017 or notification No.2/2017-Central Tax (Rate) dated 28^th June, 2017.

3. The GST Council during its 25^th meeting held on 18^th January, 2018, discussed this issue and recorded that a clarification regarding applicable GST rates on various supplies made to the Indian Railways may be issued.

4. Accordingly, it is hereby clarified that

• only the goods classified under Chapter 86, supplied to the railways attract 5% GST rate with no refund of unutilised input tax credit and

• other goods [falling in any other chapter], would attract the general applicable GST rates to such goods, under the aforesaid notifications, even if supplied to the railways.

F.No.354/1/2018-TRU