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)