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Wednesday, January 2, 2019

Sprinkler and Drip Irrigation System including Laterals will attract 12% GST


SPRINKLER AND DRIP IRRIGATION SYSTEM INCLUDING LATERIALS WILL ATTRACT 12% GST


The Goods and Services Tax Act, 2017 came into force with effect from 1.7.2017 in India.

https://abhivirthi.blogspot.com/2019/01/sprinkler-and-drip-irrigation-system.html


The Central Government has clarified that all goods falling under HS 8424, namely, Mechanical appliances (whether or not hand-operated) for projecting, dispersing or spraying liquids or powders; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines (other than fire extinguishers, whether or not charged), were placed under 18% slab. Subsequently, on the recommendation of the GST Council, the item namely, ‘Nozzles for drip irrigation equipment or nozzles for sprinkler was placed under 12% GST slab (Entry No. ‘195A’ with effect from 22.09.2017). Upon revisiting the issue of GST rate on micro irrigation including drip irrigation system, including laterals the GST Council recommended 12% GST rate on micro irrigation system, namely, sprinklers, drip irrigation system, including laterals. Accordingly, the said entry 195B was inserted in the notification No. 1/2017- Central Tax (Rate).

The Central Government has also clarified that the micro irrigation, sometimes called „localised irrigation‟, „low volume irrigation‟, or „trickle irrigation‟ is a system where water is distributed under low pressure through piped network, in a pre-determined pattern, and applied as a small discharge to each plant or adjacent to it. The traditional drip irrigation using individual emmitters, subsurfaces drip irrigations (SDI), micro-spray or micro-sprinkler irrigation, and mini bubbler irrigation all belong to the catgeory of micro irrigation method.

Thus the term “sprinklers”, in the said entry 195B, covers sprinkler irrigation system. Accordingly, sprinkler system consisting of nozzles, lateral and other components would attract 12% GST rate.

The relevant Circular No.81/2018-GST dated 31.12.2018 is given below for ready reference.






F.No.354/408/2018-TRU
Government of India
Ministry of Finance
 Department of Revenue
 (Tax Research Unit)

*****


Circular No. 81/55/2018-GST

North Block, New Delhi,
Dated, 31st December, 2018

 To 
Principal Chief Commissioners/ Principal Directors General, Chief Commissioners/ Directors General,
Principal Commissioners/ Commissioners of GST and Central Tax (All),



Madam/ Sir,

Subject: Clarification regarding GST tax rate for Sprinkler and Drip Irrigation
System including lateralsreg.

Representations have been received seeking clarification as regards the scope and coverage of entry No. 195B of the Schedule II to notification No. 1/2017- Central Tax (Rate), dated
28.06.207.  The entry No. 195B was  inserted  vide notification  No. 6/2018- Central  Tax
(Rate), dated 25th January, 2018 and reads as below:

S. No
Chapter Heading/ Sub- heading/Tariff Item
Description of Goods
CGST
rate
195B
8424
Sprinklers; drip irrigation system including laterals;
6%


2.         Doubts have arisen as in certain cases a view has been taken in the field that this entry would not cover laterals of sprinklers” and sprinklers irrigation system, while laterals of drip irrigations are covered by this entry.

3.         The matter has been examined. Initially, with effect from 1.7.2017, all goods falling under  HS  8424,  namely,  Mechanical  appliances  (whether  or  not  hand-operated)  for projecting, dispersing or spraying liquids or powders; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines (other than fire extinguishers, whether or not charged), were placed under 18% slab. Subsequently, on the recommendation of the GST Council, the item namely, Nozzles for drip irrigation equipment or nozzles for sprinkler was placed under 12% GST slab (Entry No. ‘195A’ with effect from
22.09.2017).  Upon  revisiting  the  issue  of  GST  rate  on  micro  irrigation  including  drip irrigation system, including laterals the GST Council recommended 12% GST rate on micro

irrigation system, namely, sprinklers, drip irrigation system, including laterals. Accordingly, the said entry 195B was inserted in the notification No. 1/2017- Central Tax (Rate).

3.1       The micro irrigation, sometimes called localised irrigation, low volume irrigation, or trickle irrigation‟ is a system where water is distributed under low pressure through piped network, in a pre-determined pattern, and applied as a small discharge to each plant or adjacent to it. The traditional drip irrigation using individual emmitters, subsurfaces drip irrigations (SDI), micro-spray or micro-sprinkler irrigation, and mini bubbler irrigation all belong to the catgeory of micro irrigation method.

4.         Therefore, the term sprinklers, in the said entry 195B, covers sprinkler irrigation system. Accordingly, sprinkler system consisting of nozzles, lateral and other components would attract 12% GST rate.

5.         Difficulty, if any, may be brought to the notice of the Board immediately. Hindi version shall follow.


Yours faithfully



Gunjan Kumar Verma
Under Secretary (TRU-I)



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