GST on Petrol and Diesel: Government Plan, GST Rate, and Price comparison

GST on petrol has been a contentious issue since the implementation of the Goods and Services Tax (GST) law in India. Certain developments since 2021 have led industries across the country to believe that the GST Council may decide to charge GST on petrol and petroleum products. In the 53rd GST Council meeting press conference, the FM Smt. Nirmala Sitharaman mentioned that it is the intent of the Central Government to bring petrol and diesel under GST, however it can be made a reality only once the states agree to the move.

What is GST on petrol?

With the implementation of GST, many ask questions such as ‘Is GST applicable on petrol?’ and ‘How much GST on petrol in India?’. However, there is no GST being levied on petrol at present. The tax on petrol varies with every state/UT. There is an imposition of central excise duty on the base price and state VAT on the dealer’s commission.

Section 9 of the CGST Act states that GST on petrol crude and diesel, GST on motor spirit, natural gas and aviation turbine fuel shall apply from a date that government will notify. The government has not notified any date for levying GST on petroleum products. Further, Article 279A of the Indian Constitution mentions that the GST Council shall have the authority to decide the date of implementing GST on petrol in India.

From all the discussions between the Centre and states at the GST Council meetings so far, a maximum GST rate of 28% could be levied on petrol along with cess.

Hence, presently, the regulation of petrol prices falls under state control. The consent of all state governments to bring petrol and diesel under GST is still being debated. Once petrol and petroleum products come under the GST regime, the Centre may begin to monitor the pricing.

However, there are petroleum products (other than crude) used directly as raw material in industries that attract GST with the respective HSN codes as follows-

Benefits of GST on Petrol

Bringing petrol and similar items under the GST ambit will put the consumers in a relatively better position. For instance, currently, taxes eat up to 40-50% of the petrol price you pay. Under GST, the maximum tax outflow charged is 40% (20% each is the maximum SGST or CGST).

If petroleum crude, high-speed diesel, motor spirit (also known as petrol), natural gas and aviation turbine fuel are even charged at the current maximum tax slab of 28%, consumers will be paying a lesser price than they are presently paying for it. Under GST, there will be a considerable price drop!

To know the price drop benefit, take a look at the current and possible prices of fuel-

From the above table, we can see that the petrol price under GST is less than the current petrol price. Even if the rate of pre-GST excise and average VAT rate put together is carried forward in the GST regime, the consumers are in a better position due to the removal of any cascading effect of taxes. Further, if the GST rate is raised to 40%, still the consumers benefit from the price reduction. However, there is a higher chance that a new tax slab may be created for petrol.

Government Plan on imposing GST on petrol

Different VAT rates across states lead to price differentiation with some states losing revenue while a few others enjoy an increase in revenue. The unanimous approval by the state governments may take time as bringing these items under GST will ensure one price for these items throughout the nation. Therefore, the benefits of Interstate price differentiations might be lost.

“Measures taken by the Centre such as reducing the excise duty on petrol have helped India protect itself from any sharp rise in fuel prices”, claimed the Union Petroleum and Natural Gas Minister, Shri Hardeep Singh Puri.

These items may be brought under the GST regime after the government reaches a point when they can earn what they were earning prior to the implementation of GST and recover the loss earned after GST was implemented. 

Fuel Under GST

Aviation Turbine Fuels attracts 5% GST if it falls under the HSN code 27101939. Whereas, petroleum oils and oils extracted from bituminous minerals already attract a GST of 18%. Any nature of petroleum gas attracts a GST of 18%.

The government and the GST Council are yet to finalise any rate for petroleum crude, diesel, and natural gas.