Chapter 3 - Fish and crustaceans, molluscs and other aquatic invertebrates

Notes
  1. This Chapter does not cover:
    1. mammals of heading 0106;
    2. meat of mammals of heading 0106 (heading 0208 or 0210);
    3. fish (including livers, roes and milt thereof) or crustaceans, molluscs or other unfit or unsuitable for human consumption by reason of either their species flours, meals or pellets of fish or of crustaceans, molluscs or other aquatic consumption (heading 2301); or
    4. caviar or caviar substitutes prepared from fish eggs (heading 1604)
  2. In this Chapter, the term "pellets" means products which have been agglomerated or by the addition of a small quantity of binder.
GST Rates of Goods
Chapter HeadingDescriptionRate of GSTScheduleSr.No
0303Fish, frozen, excluding fish fillets and other fish meat of heading 03045%I1<sup>*</sup>
0304Fish fillets and other fish meat (whether or not minced), frozen 5%I2*
0305Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish,fit for human consumption5%I3*
0306Crustaceans, whether in shell or not, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption5%I4*
0307 Molluscs, whether in shell or not, frozen, dried, salted or in brine:aquatic invertebrates other than crustaceans and molluscs, frozen, dried, salted or in brine; flours, meals and pellets of aquatic invertebra other than crustaceans, fit for human consumption5%I5*
0308 Aquatic invertebrates other than crustaceans and molluscs, frozen, dried, salted or in brine; smoked aquatic invertebrates other than crustaceans and molluscs, whether or not cooked before or during the smoking process: flours, meals and pellets of aquatic invertebrates other than crustaceans and molluscs, fit for human consumption5%I6*
0303All goods (other than fresh or chilled) and put up in unit container and,-(a) bearing a registered brand name; or (b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily], subject to the conditions as in the ANNEXURE]5%I2
0304All goods (other than fresh or chilled) and put up in unit container and,-(a) bearing a registered brand name; or (b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily], subject to the conditions as in the ANNEXURE]5%I2
0305All goods (other than fresh or chilled) and put up in unit container and,-(a) bearing a registered brand name; or (b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily], subject to the conditions as in the ANNEXURE]5%I2
0306All goods (other than fresh or chilled) and put up in unit container and,-(a) bearing a registered brand name; or (b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily], subject to the conditions as in the ANNEXURE]5%I2
0307All goods (other than fresh or chilled) and put up in unit container and,-(a) bearing a registered brand name; or (b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily], subject to the conditions as in the ANNEXURE]5%I2
0308All goods (other than fresh or chilled) and put up in unit container and,-(a) bearing a registered brand name; or (b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily], subject to the conditions as in the ANNEXURE]5%I2
3Fish seeds, prawn/shrimp seeds whether or not processed, cured or in frozen state [other than I goods falling under Chapter 3 and attracting 2.5%]0%-18
0301Live fish0%-19
0302Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 03040%-20
0303All goods [other than fresh or chilled] other than those put up in unit container and,—(a) bearing a registered brand name: or (b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily], subject to the conditions as in the ANNEXURE I]0%-22
0304Fish fillets and other fish (whether or not minced), fresh or chilled 0%-21
0305All goods [other than fresh or chilled] other than those put up in unit container and,—(a) bearing a registered brand name: or (b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily], subject to the conditions as in the ANNEXURE I]0%-22
0306All goods, fresh or chilled0%-21
0307All goods, fresh or chilled0%-21
0308All goods, fresh or chilled0%-21
0304All goods, fresh or chilled0%-21
0304All goods [other than fresh or chilled] other than those put up in unit container and,—(a) bearing a registered brand name: or (b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily], subject to the conditions as in the ANNEXURE I]0%-22
0306All goods [other than fresh or chilled] other than those put up in unit container and,—(a) bearing a registered brand name: or (b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily], subject to the conditions as in the ANNEXURE I]0%-22
0306Crustaceans, whether in shell or not, live, fresh or chilled crustaceans, in shell, cooked by steaming or by boiling in water live, fresh or chilled0%-22
0307All goods [other than fresh or chilled] other than those put up in unit container and,—(a) bearing a registered brand name: or (b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily], subject to the conditions as in the ANNEXURE I]0%-22
0307Molluscs, whether in shell or not, live, fresh, chilled; aquatic invertebrate other than crustaceans and molluscs, live, fresh or chilled0%-23
0308All goods [other than fresh or chilled] other than those put up in unit container and,—(a) bearing a registered brand name: or (b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily], subject to the conditions as in the ANNEXURE I]0%-22
0308Aquatic invertebrates other than crustaceans and molluscs, live, fresh or chilled0%-24
Other Exemptions
DescriptionNotification
Exemption from Registration - Small Taxpayers having turnover below threshold limitNotification No. 10/2019-C.T., dated 7-3-2019
Composition Levy Scheme for Small Taxpayers having Turnover Up to Rs. 1.5 Crore — Old SchemeNotification No. 8/2017-C.T., dated 27-6-2017
Composition Levy Scheme for Small Taxpayers having Turnover up to Rs. 1.5 Crore — New SchemeNotification No. 14/2019-C.T., dated 7-3-2019
Scheme to Pay GST 0 6% - For Taxpayers having turnover less than Rs. 50 Lakhs and Not Eligible for Composition Scheme.Notification No. 2/2019-C.T. (Rate), dated 7-3-2019
Exemption to Specified Goods supplied to Specified Recipients for Petroleum Exploration etc.Notification No. 3/2017-Central Tax (Rate), dated 28-6-2017]
Exemption to Goods Supplied to CSD by way of Refund Notification No. 6/2017-Central Tax (Rate), New Delhi, dated 28-6-2017.
Exemption to goods supplied by CSDNotification No. 7/2017-Central Tax (Rate), New Delhi, dated 28-6-2017
United Nation, International Organisation and Foreign Diplomatic Mission Notified as Entitled for refund of GST Paid on supplies received.Notification No. 16/2017-Central Tax (Rate), dated 28-6-2017
Reduced GST on Supply of Goods to ExporterNotification No. 40/2017-CT. (Rate), dated 23-10-2017
Concessional GST on Supply of Scientific and technical equipment to research institutionsNotification No. 45/2017-C.T. (Rate), dated 14-11-2017
Departmental Clarifications / Case Law
Fish seeds, prawn/shrimp seeds-classifiable under 0301
exempt from CGST under SI. No. 18 of Notification No. 2/2017-C.T. (Rate), In Re: Rajiv Gandhi Centre for Aquaculture 2019 (23) G.S.T.L. 199 (AAR-GST).
Live fish-classifiable under 0301,
exempt from CGST under SI. No. 19 of Notification No. 212017-C.T. (Rate), dated 28-6-2017, In Re: Rajiv Gandhi Centre for Aquaculture 2019 (23) G.S.T.L. 199 (AAR-GST).
Seashells
classifiable under HSN 0307- Commissioner v Kishore Kumar Kejriwal 2011 (263) ELT 357 (Cal).