Tax experts said GST rates could depend on three tests -
common parlance test, end use test or ingredients test -
and that often tax rates could differ how a product is
categorised. Cheese, for example, is taxed at a lower
rate if it is called "fat" or processed food
preparation.
"The authorities have given weightage to the actual
ingredients vis-a-vis common parlance, under which one
would treat them as cheese toppings and classify them
accordingly," said Harpreet Singh, partner, KPMG India.
A separate tax controversy is raging around kiosks,
restaurants and home delivery under GST. Tax experts
said that in future, restaurants, kiosks and even pizza
companies that buy these toppings would have to cough up
18% GST.
Many of them, however, will be able to charge only 5%
GST when they sell pizzas to customers. This could
impact the margins of some pizza companies, according to
tax experts.
Classification of products has been a complex issue
under GST. For instance, while lassi and milk are not
taxed under GST, flavoured milk is taxed at 12% and
flavoured lassi is outside the ambit of the tax regime.
Earlier, too, several AARs have ruled on whether GST is
applicable on food items. So, parata is not similar to
paratha, but naan and a samosa eaten over the counter
and on a chair outside the shop should be taxed
differently.
Source:::THE ECONOMIC TIMES ,
dated 15/03/2022.