QUESTION
My client is
providing Food items prepared at home and selling online through swiggy and
zomato and also on order received from clients. The items are:
1 [1902] Macaroni 2 [1902] Cannelloni 3 [1902] Spaghetti 4 [1902]
Ravioli 5 [1902] Cooked pasta 6 [1902] Lasagne 7 [1902] Noodles 8 [1902] Pasta 9
[1902] Couscous 10 [1902] Gnocchi
1 [1905] Biscuits 2 [1905] Bulgar wheat 3
[1905] Wafers containing chocolate 4 [1905] Sweet biscuits 5 [1905] Wafers 6
[1905] Preparations for infant use 7 [1905] Waffles 8 [1905] Corn flakes 9
[1905] Waffles containing chocolate 10 [1905] Pastries 11 [1905] Cakes
Kindly let
me know the rate of tax and whether the HSN codes are correct ? Do we have to charge
18% and take set off ? Do we have to charge 5% without set off ?
ANSWER
Facts of the case: HSN codes and rates of tax of following Food items prepared at home and selling online through swiggy and zomato.
Conclusion: Rate of tax and HSN codes are as follows:
S.No. |
HSN Code |
Product |
Rate of tax |
1 |
1902 |
Macaroni |
12% |
2 |
1902 |
Cannelloni |
12% |
3 |
1902 |
Spaghetti |
12% |
4 |
1902 |
Ravioli |
12% |
5 |
1902 |
Cooked pasta |
12% |
6 |
1902 |
Lasagne |
12% |
7 |
1902 |
Noodles |
12% |
8 |
1902 |
Pasta |
12% |
9 |
1902 |
Couscous |
12% |
10 |
1902 |
Gnocchi |
12% |
11 |
1905 |
Biscuits |
18% |
12 |
1904 |
Bulgar wheat |
18% |
13 |
1905 |
Wafers containing chocolate |
18% |
14 |
1905 |
Sweet biscuits |
18% |
15 |
1905 |
Wafers |
18% |
16 |
1901 |
Preparations for infant use |
18% |
17 |
1905 |
Waffles |
18% |
18 |
1904 |
Corn flakes |
18% |
19 |
1905 |
Waffles containing chocolate |
18% |
20 |
1905 |
Pastries |
18% |
21 |
1905 |
Cakes |
18% |
For deciding about a tax scheme that is good to be followed, You have to make a cost and benefit analysis by calculating net tax liability to be discharged in cash as follows.
Turnover * 18% minus ITC with turnover * 5%
As a general rule, you should go for 5% without ITC because in food products most of the inputs are without GST and the value addition is very high. (Reply dt. 04/02/2021)