Home India Ministry of Finance Corrigendum to GST UT Tax Rate...
Date: 2021-06-15 Category: Extra Ordinary State: Union Government Country: India

Corrigendum to GST UT Tax Rate

Issued by Ministry of Finance · Department of Revenue

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Executive Summary & Key Takeaways

## Policy Analysis Report: Corrigendum to Union Territory Tax Rate Notification (G.S.R. 413(E)) **1. Executive Summary:** This report analyzes a corrigendum (G.S.R. 413(E)) issued by the Ministry of Finance, Department of Revenue, Government of India, on June 15, 2021. This corrigendum amends the earlier notification No. 05/2021-Union Territory Tax Rate, dated June 14, 2021, specifically addressing an error in the Harmonized System (HS) code listed against Sl. No. 8 in the Table of that notification. The correction changes the HS code from "3804 94" to "3808 94". This report details the implications of this amendment for stakeholders dealing with the specified item under the Union Territory Tax regime. **2. Introduction:** This report provides an informative analysis of the corrigendum G.S.R. 413(E), issued on June 15, 2021, concerning the Union Territory Tax Rate notification No. 05/2021, based solely on the provided text. The purpose is to clarify the nature of the amendment, its potential impact, and relevant implementation aspects for affected parties. **3. Policy Overview:** * **Amendment:** This is a corrigendum, meaning it corrects an error in the original notification No. 05/2021-Union Territory Tax Rate, dated June 14, 2021. * **Core Objective:** The objective of the original policy (as inferred) is to define the Union Territory Tax Rate for various goods and services, as evidenced by the mention of a "Table" in the original notification. The objective of this *corrigendum* is to rectify a specific error in that table to ensure accurate tax application. **4. Background and Rationale:** This amendment addresses a typographical error in the original Union Territory Tax Rate notification. The incorrect HS code "3804 94" was replaced with the correct code "3808 94". The likely reason for this amendment is to ensure that the correct tax rate is applied to the intended product or service associated with HS code 3808 94, preventing misclassification and incorrect tax collection/payment. Incorrect HS codes can lead to significant financial and legal complications for businesses. **5. Key Provisions / Changes:** * **Specific Part of Original Policy Changed:** The amendment specifically modifies "the Table, against Sl. No. 8, in column 2" within the original notification No. 05/2021. * **New Rule/Provision:** The new provision replaces the HS code "3804 94" with "3808 94". * **Difference/Effect of the Change:** This change corrects a previously inaccurate HS code. The effect of this correction is that the tax rate applicable to item listed as Sl. No. 8 in the original notification will now be determined based on the correct HS code, 3808 94, rather than the previously listed incorrect code. This ensures the correct UT tax rate is applied. **6. Target Audience and Stakeholders:** The target audience and stakeholders directly affected by this amendment are: * Businesses and individuals involved in the manufacture, trade, import, or export of the good or service listed as Sl. No. 8 in the original notification, which is now correctly classified under HS code 3808 94. * Tax authorities responsible for collecting Union Territory Tax. * Customs officials involved in the import and export of goods. * Accounting and legal professionals advising businesses on tax matters. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (CBIC) are responsible for implementing this change. * **Timelines/Procedures:** The amendment is effective from the date of the original notification (June 14, 2021), implying that all transactions from that date onward should use the corrected HS code. No specific procedures are mentioned in the amendment text, suggesting that existing procedures for applying Union Territory Tax based on HS codes remain in effect, but using the corrected code. * **Implementation Aspects related specifically to the changes:** Businesses must update their records and systems to reflect the corrected HS code (3808 94) for the relevant item listed in Sl. No. 8 of the original notification. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of this amendment is to: * Ensure accurate application of Union Territory Tax rates for the specific good or service identified by the corrected HS code (3808 94). * Prevent tax evasion or incorrect tax payment due to misclassification. * Reduce administrative burden and potential legal disputes arising from the use of an incorrect HS code. * Increase compliance with tax regulations. **9. Conclusion:** The corrigendum G.S.R. 413(E) is a crucial correction to the Union Territory Tax Rate notification. It ensures the accurate application of tax rates by rectifying an error in the HS code for a specific item. Businesses and relevant stakeholders must take note of this change and update their records accordingly to ensure compliance and avoid potential tax-related issues. The correction, while seemingly minor, can have significant implications for the proper collection and remittance of Union Territory Taxes, highlighting the importance of accuracy in official government publications.

Key Entities Referenced

Ministry of Finance: The ministry responsible for financial matters of the Government of India. Department of Revenue: A department within the Ministry of Finance. Union Territory Tax Rate: Refers to the tax rate applicable to Union Territories in India; it is the subject of the notification being corrected. New Delhi: The location of the office issuing the notification, located in Delhi state. Rajeev Ranjan: Under Secretary who signed the corrigendum. Government of India Press, Ring Road, Mayapuri, New Delhi: The printing location of the document in New Delhi, Delhi state.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-डी.एxलx.x-GअID.-E1x5xx0 62021-227639 CG-DL-E-15062021-227639 असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (i) PART II—Section 3—Sub-section (i) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 329] नई ददल्ली, मगं लिार, िनू 15, 20210ज्य ष्े ठ 25, 1943 No. 329] NEW DELHI, TUESDAY, JUNE 15, 2021/JYAISTHA 25, 1943 जित्त मत्रं ालय (रािस्ट्ि जिभाग) िजु ि-पत्र नई ददल् ली, 15 िून, 2021 सा.का.जन. 413(अ).—भारत सरकार, जित् त मंत्रालय (रािस्ट्ि जिभाग) क अजधसूनना स्‍ं या /502/21-संघ राज्य कर (दर), ददनांक 14 िनू , 2/21, जिसे सा.का.जन. 4/7 (अ) ददनांक 14 िून, 2/21 के तहत भारत के रािपत्र, असाधारण, के भाग ।।, खंड 3, उपखंड (i) म ें प्रकाजित गया था, के पृष्ठ 11 पर, सारणी म,ें क्र. स.ं 8 के समक्ष, कॉलम (2) में, “3804 94” के स्ट्थ ान पर “3808 94” पढा िाए । [फा. सं. सीबीआईसी 19/35406302/21-टीओ (टीआरय-ू ।)-सीबीईसी] रािीि रंिन, अिर सजनि 3250 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] MINISTRY OF FINANCE (Department of Revenue) CORRIGENDUM New Delhi, the 15th June, 2021 G.S.R. 413(E).—In the notification of the Government of India, Ministry of Finance (Department of Revenue) No. 05/2021-Union Territory Tax (Rate), dated the 14th June, 2021, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 407(E), dated the 14th June, 2021, on page 12, in the Table, against Sl. No. 8, in column (2), for “3804 94”, read “3808 94”. [F.No. CBIC-190354/63/2021-TO (TRU-I)-CBEC] RAJEEV RANJAN, Under Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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