GST on foodgrain: 5% tax only on branded cereals under trademark law

5% GST is applicable only on brand names which are in force under the Trade Marks Act, 1999

The five per cent Goods and Services Tax (GST) rate will apply only on those branded cereals which are registered with the Register of Trade Marks, while others will remain exempted, the Finance Ministry said on Wednesday.

The government clarification comes as doubts were being raised over the meaning of "registered brand name".

"GST rate of five per cent will not be applicable to the supply of goods unless the brand name or trade name is actually on the Register of Trade Marks and is in force under the Trade Marks Act, 1999," the Ministry said in a statement.

"The Central GST (CGST) rate on supply of certain goods, such as 'chena' or 'paneer', natural honey, wheat, rice and other cereals, pulses, flour of cereals and pulses, other than those put up in unit container and bearing a registered brand name, is nil."

"Supply of such goods, when put up in a unit container and bearing a registered brand name attracts 2.5 per cent CGST rate," it said.