"We are trying to figure out if we need to pay 28% tax
on it as many of our chocolate variations have more than
5% cocoa content. Badam milk, basundi and rasmalai are
also a concern as we aren't sure if they are sweets (5%
tax) or beverages (12% tax). GST is going to hamper our
creativity."
A sweet like chikki made from equal parts groundnut and
jaggery certainly leaves a lot of room for
interpretation, said Suresh Nair, partner, indirect tax,
Ernst & Young, adding, "Chapter 2008 says nuts such as
groundnut and cashew, whether roasted, sweetened, salted
or otherwise, are taxable at 18%."
That sounds like an opportunity to K T Srinivasa Raja,
founder, Adyar Anand Bhavan (A2B) and member of Chennai
Hotels Association (CHA). "If it is plain roasted
cashew, we would have to tax it at 18%. Instead, we
would add some more ingredients like aloo bhujia,
namkeen, mixture, etc, to make it a snack that can be
taxed at 12%. Even better, make it a sweet for taxation
at 5%."
Sellers are getting creative for lower tax rates. As
fruit jellies, mousse, pastries and pies come under the
18% GST slab, some are considering renaming and
re-packaging them as sweets to pay 5% tax. Shopkeepers
said western desserts like macaroons, custards, tarts,
cakes and pastries could even be Indianised to avoid the
high tax rate of 18%.
Source:::
The Times of India,
dated 26/07/2017