What is the Scope of 'Pre-Packaged and Labelled' for the purpose of GST levy on food items like pules,cereals, and flours?
For the Purposes of GST, the expression "pre-packaged and labelled" means a 'pre-packaged commodity" as defined in clause (1) of Section 2
of the Legal metrology Act,2009,Where the package in which the commodity is pre-packed, or a label Securely affixed thereto is required to bear
the declarations under the provisions of Legal metrology Act and the rule made thereunder.
Clause (l) of section 2 of the Legal Metrology Act reads as below:
(l) “pre-packaged commodity” means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity.
Thus, supply of such specified commodity having the following two attributes would attract GST:
(i) It is pre-packaged; and.
(ii) It is required to bear the declarations under the provisions of the Legal Metrology Act, 2009 (1 of 2010) and the rules made thereunder.
However, if such specified commodities are supplied in a package that do not require declaration(s)/compliance(s) under the Legal Metrology Act, 2009 (1 of 2010), and the rules made thereunder, the same would not be treated as pre-packaged and labelled for the purposes of GST levy
In the context of food items (such as pulses, cereals like rice, wheat, flour etc), the supply of specified pre-packaged food articles would fall within the purview of the definition of 'pre-packaged commodity' under the Legal Metrology Act, 2009, and the rules made thereunder, if such pre-packaged and labelled packages contained a quantity up to 25 kilogram [or 25 litre] in terms of rule 3(a) of Legal Metrology (Packaged Commodities) Rules, 2011, subject to other exclusions provided in the Act and the Rules made thereunder.