The Indian government on 31st March 2022 notified some changes on bricks manufacturers, which came into effect from 1st April 2022.
Brick kilns can opt for a composition scheme and pay Goods and Services Tax (GST) at 6% without claiming any input tax credit (ITC) from 1st April 2022. Businesses not willing to opt for the composition scheme will be subjected to pay GST at 12% and be allowed to avail ITC.
As per the notification issued by the Indian government on 31st March 2022, building bricks, fly ash bricks and blocks, earthen or roofing tiles, and bricks of fossil meals could opt for the composition scheme. The GST on manufacturing and trading bricks were charged at 5%, and businesses could claim the credit on the inputs. The GST Council already decided in September last year to bring brick kilns under the purview of a special composition scheme.
The CBIC has notified the following GST rates for bricks of various kinds, including fly ash bricks-
Item description | HSN code | GST rate |
Sand lime bricks , also for stone inlay work | 68 | 12% |
Fly ash bricks or aggregates or blocks | 6815 | 12% |
Fossil meals bricks or bricks of similar siliceous earths | 6901 00 10 | 12% |
Building bricks | 6904 10 00 | 12% |
Refractory bricks | 6902 | 18% |
Bricks of pressed or moulded glass | 7016 | 18% |
All the brick manufacturers with an annual turnover exceeding Rs.20 lakh (or the threshold notified for the north-eastern state) need to be registered under the GST regime and pay GST at new rates notified by the government. Earlier, this threshold was Rs.40 lakh.
Particulars | Earlier | As of now |
Turnover threshold for GST registration | The point for GST registration earlier was only if the annual turnover exceeded Rs.40 lakhs | As per Notification No. 03/2022-Central Tax, the threshold for GST registration has been reduced to Rs.20 lakhs |
Composition scheme eligibility for registered person | Earlier a registered person could opt for the composition scheme if the aggregate annual turnover in the previous year didn’t exceed Rs.1.5 crores | As per Notification No. 04/2022-Central Tax, a registered person cannot opt for composition scheme. However, as per Notification No. 02/2022-Central Tax, such a registered person can avail the special composition scheme and pay GST at 6% without availing of the ITC. |
GST Rates for individuals not opting for the composition scheme | Earlier, a registered person involved in manufacturing & trading of bricks was charged GST at 5% and could claim a credit on inputs. | As per Notification No. 02/2022-Integrated Tax (Rate), the GST rate has been increased to 12% with ITC. |
The supplier would not be required to reverse any ITC.
Firstly, a registered person must withdraw from the existing composition scheme on the GSTN portal by applying the Form GST CMP-04. After the withdrawal from the current scheme, such a registered person would automatically be considered under the normal scheme.
The implications of the new scheme for the registered persons would be as under:
The new scheme isn’t like the composition scheme under Section 10 of the CGST Act. The Indian government hasn’t notified any other benefits apart from the lower GST rate. A taxpayer would need to comply with all the general provisions under the GST law, such as issuing documents under GST,
Suppliers supplying the specified products are now liable to register under the GST regime if their annual aggregate turnover exceeds Rs.20 lakhs. The threshold limit for GST registration has been now reduced to Rs.20 lakhs. Where such supplier applies for GST registration within 30 days from becoming liable for GST registration, such supplier would be eligible to avail input tax credit on the stock available as of 1st April 2022.
The HSN code for building bricks is 6904 10 00