GST rates and 301 HSN code for Live Fish

Introduced in 2017, the Goods and Services Tax (GST) became an easy-going and effective tax in the country. The integrated indirect tax was welcomed warmly into the market. The smooth transition was a success for the Government, ensuring structural and uniform compliance around the country. The goods and services are classified under specific sections that imply the different tax rates for each category. HSN codes play a crucial role in the classification of GST rates. In this article, let's learn the GST rates on live fish and the importance of HSN 0301 GST applicability. We will also know the importance of classification in Central Goods and Services Tax (CGST).

Goods and Services Tax (GST)

The integration of multiple indirect taxes following the motto "One Nation One Tax" system, the Goods and Services Tax (GST) was introduced on July 01st, 2017. It minimizes the risk of considering a single tax in the place of others, it includes value-added tax, service tax, transportation tax, stamp duties, and customs duties along with many other additional taxes.

Importance of GST classification

1. Reduces stress over the taxing system

2. Helps to know the proper tax value

3. Increases movements in goods

4. Increases the revenue

5. Simple and proper integration

6. Price valuation in the market

7. Perfect structuring

8. Easy to change in need

9. Reduces manipulation

10. No Tax Evasion

Difference between CGST and SGST

The GST is collected for both state and central governments together. However, to simply indicate and highlight the GST across the country we use Central Goods and Services Tax (CGST) and State Goods and Services Tax (SGST). The tax collected for CGST goes to the Central government revenue while the tax collected for SGST adds to the respective State government revenue. Both the CGST and SGST have the same taxing values. There is no direct set-off and cross-utilization between the CGST and SGST. However, they both share the same percentage of tax on products.

In simple words, for a product having 10% GST, CGST will be 5% and SGST will be 5%.

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GST = CGST + SGST (where CGST = SGST)

HSN Codes

Harmonized System of Nomenclature Codes, commonly called HSN codes are the globally accepted and acknowledged codes for product classification in a tax system. These codes simplify imports and exports between the countries and are developed by the World Customs Organization (WCO) for a smooth trading process. It also helps countries charge value-added tax, import duties, customs duties, etc.

In India, the codes are classified as GST where the indirect taxes are charged together and Goods and Services Tax (GST) is classified with HSN codes. The HSN codes are adopted for a standard classification of goods and services. It reduces confusion and any misinformation regarding the taxes. Smooth functioning of GST and other tax fillings.

HSN Code 301

HSN Code 301 or HSN Code 0301 classifies the "Live Fish" in Goods and Services Tax (GST). This particular code, only assigned for Live Fish, represents the tax data charged and any specific clauses while buying, trading, or selling the Live Fish. The sub-divisions help charge the required charges with no diversion of elevation. The types of Live Fish influence the GST rates.

The HSN generally falls under the third chapter of the Harmonized System of Nomenclature Code classification. The chapter has many other categories of fish and seafood. Such as ornamental fish, and live fishes that are meant for aquaculture, breeding, exhibitions, eating (edible fishes), etc. They are valued under HSN codes 0301, 0302, 0303, and so on.

HSN Code	Description	GST Rate (%)	Effective Since
301	Live Fish - Ornamental Fish	Nil	01/07/2017
3011100	Live Fish - Ornamental Fish - Freshwater	Nil	01/07/2017
3011900	Live Fish - Ornamental Fish - Other	Nil	01/07/2017
3019100	Other Live Fish - Trout (Various Species)	Nil	01/07/2017
3019200	Other Live Fish - Eels (Anguilla species)	Nil	01/07/2017
3019400	Other Live Fish - Bluefin Tunas (Thunnus Thynnus)	Nil	01/07/2017
3019500	Other Live Fish - Southern Bluefin Tunas (Thunnus Maccoyii)	Nil	01/07/2017
3019900	Other Live Fish - Other	Nil	01/07/2017

GST Rate on HSN Code 0301

As per the Indian Goods and Services Tax (GST), the classification of HSN code 0301 falls under "Live Fish" that are marked "NIL". It indicates the supply of Live Fish has zero percentage of GST charged, there is no GST applicable. This is applicable to all the Live Fish within India.

Live Fish under the NIL category

Why Live Fish are under the NIL category is a question arising. To ensure the promotion of aquaculture in India, the government initiated to charge no GST on Live Fish. It is only found in coastal areas and has a high healthy protein and omega antacids. It connects the coastal people with the country and employs them. Live Fish employs many coastal people. Starting from the Arabian Sea to the Bay of Bengal everyone is into fishing. It serves many fishermen, small traders, large traders, and rural coastal areas.

India is the second largest producer of Fish in the world. It highly boosts the country's economy, making the lives of lakhs of people. Live Fish is also perishable, requiring extreme care in transporting. It increases domestic consumption of fish as well. Thus, NIL GST rates on Live Fish make sense.

Only Live Fish supply is categorized under NIL; all other GST taxes apply. The GST taxes are applied the same on transportation, packaging, promotions, and storage as in general. According to Rule 42 of CGST Act 2017 rules, companies dealing with both taxable and exceptional goods and services can claim Input Tax Credit (ITC) proportionally.‍

Suggested Read: List of GST Exempted Goods

Legal Considerations on Live Fish

Even though Live Fish has exceptions on GST charges in the country, dealers, traders, and businesses need to run according to the GST regulations. The requirement of registering under CGST is mandatory. The low scale under 20 Lakh turnovers can be excluded. However, registering is mandatory for all.

Invoices must mention HSN Code 0301 to avoid confusion and classify the status of goods. Filing the GST returns and reflecting the except supplies is mandatory. As per E-way Bill exemption rule 138 (14) of CGST rules, no e-way bills are required. While trading with other countries, the rules must abide by the Foreign Trade Policy (FTP) policies.

Conclusion

Classification of GST rates through HSN improves the taxing system. No GST charges on Live Fish boosts the economy and encourages domestic supply. Note, certain rare cases according to the Wildlife Protection Act, 1972 and Environment (Protection) Act, 1986 don't fall under the above category, guidelines issued by the Animal Welfare Department.