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Harish
Quoting:

[GST COUNCIL MEETS NEXT ON 4th AUGUST AT NEW DELHI]
---.
Dear GST Council,
Why a LUXURY GST rate on wheelchair parts and accessories?
Pre-GST, all wheelchair and accessories/parts imports were excluded from any 
taxation and custom duty. Post GST implementation, the entire wheelchair 
industry is facing tremendous amount of confusion and uncertainty with respect 
to taxation being levied upon wheelchair parts and accessories.
What's clear is that HS Code Heading 8713 by definition 'Carriages for disabled 
persons, whether or not motorised or otherwise mechanically propelled ' is 
applied for all wheelchair imports which attracts 5% IGST. However the 
confusion lies in the following :
WHEELCHAIR PARTS
There is ambiguity related to the imports of wheelchair parts as they have been 
classified under two different GST rates :
* HS Code '90 or any other chapter' which by definition 'Parts of goods, namely 
crutches, wheelchairs, walking frames, tricycles, braillers and artificial 
limbs' attracts 5% IGST.
* HS Code Heading 8714 by definition 'parts and accessories of vehicles of 
heading 8711 and 8713 ' which attracts 28% IGST.

Our concern is which HS Code would be applicable to wheelchair parts such as 
wheels, brakes, frames etc.? If "90 or any other chapter" is the correct 
classification, then we would like to request the relevant HSN Code (Is it 
871390907?).

Manufacturers are constantly on the receiving end when importing these items as 
the Custom Department levies variable GST rates and sometimes even duty which 
negatively impact business operations.
WHEELCHAIR ACCESSORIES
These include pressure relieving and positioning cushions and postural supports 
(backrest, headrest, harnesses etc.).
These are clinically relevant interventions for people with disabilities which 
prevent any life-threatening secondary
health complications such as pressure sores and posture deformities.
As per GST guidelines, wheelchair accessories have been classified under HS 
Code Heading 8714 which attracts 28% IGST.
Our concern is that luxury taxation of 28% has been imposed on wheelchair 
accessories. We request that wheelchair accessories rate should be harmonised 
along with the wheelchair (HSN 8713) which attracts 5%.
We wish to eliminate any ambiguity related to import of wheelchair parts and 
accessories. This will allow companies serving people with disabilities to 
standardize business processes while avoiding any unwanted taxation imposed on 
people with disability.
Sincerely,
We the People (with disability) of India
Why Tax Disability? Roll back GST for PwDs
Disability in India
--- IMAGE DESCRIPTION ---
GRAPHIC :
A price tag reading 'Special Divyang Rate' separates 2 images. The left is a 
cross section of a spinal wheelchair cushion. The right - cross section of a 
pressure ulcer.

Text :
Of course we're SORE @ 28% GST for wheelchair cushions!
Spinal cord injured wheelchair users face much stress, warring pressure sores.
Why add PRICE PRESSURE to wheelchair cushions that prevent deadly ulcers?
Bad enough, > 99% of India is INACCESSIBLE and unfriendly to disabled citizens.
Then you equate disability with DIVINITY.
Now you tax disability as a LUXURY.
Govt of India, stop PENALISING disability! www.bit.ly/whytaxdisability

On Wed, Aug 1, 2018 at 10:59 AM Vaishnavi Jayakumar 
<[email protected]> wrote:
Hi everyone,

Time to revive GST action on the sector's end.
1.            Amba, what about ebook copyright law exemptions for blind and GST 
wrt this press clipping? Printed and Braille books are at nil GST btw.
2.            Nipun, what progress on the GST PIL?
3.            Prashant, any update on the wheelchair accessory luxury tax of 
28%?

Any other developments post last year's campaign? Check archives at 
www.bit.ly/whytaxdisability to refresh your memory.
---
GST cut for e-books, but publishers are not elated

thehindu.com/sci-tech/technology/gadgets/gst-cut-for-e-books-but-publishers-are-not-elated/article24514391.ece
Mumbai, July 25, 2018 23:17 IST
*             E-readers are popular, but e-books have weak sales in India
*             A lower tax rate is applicable if titles also have a print 
version, which has not excited the industry
*             What might have been a leg-up for book publishers to help reduce 
their carbon footprint, might just end being a weak announcement by the 
government.
The GST Council has announced some 'relief' for publishers in the form of 
reduction in GST on e-book sales - from 18% to 5%. The reduction is applicable 
only to books that have a print version as well.

The announcement has left publishers - who are usually busy thumbing through 
manuscripts and dealing with high production costs - perplexed because there 
appears to be little clarity on what the move means for the industry.

Most publishers, concerned with spiralling costs, voice scepticism. Thomas 
Abraham, managing director, Hachette India, says, "The whole thing is a bit 
absurd. It would have made more sense if the rather draconian 12% new GST 
levied on royalties had been abolished, and the 12% GST on printing material 
was reduced, back to 5%. Both have come as a double whammy that have raised 
costs for publishers with no respite, as input tax credit is also not available 
for books, because books are GST- exempt."

Sanjiv Gupta, COO, Penguin Random House, seems to concur with Abraham. "In 
India, typically the cost of an e-book is the same as the print book. It's a 
welcome step but they should reduce the tax on printing of books. We had VAT 
earlier and that was 4% to 5% and some printers were charging it and others 
were not. E-books worldwide have touched 35% of the total business but it has 
come down to 25%. In India, it has stayed from 5% to 7%."

So will the new GST help?

There are many questions. Will just one printed copy suffice for a book to 
qualify for the reduced GST? And since the announcement comes under 
Education/Training/Skill Development', will it apply to fiction and non-fiction?

Waiting for the fine print

Pratik Jain, partner and leader (Indirect Tax), Pricewaterhouse Coopers (PwC), 
says the notification does not apply only to educational books, "Let's see the 
wording of the notification to be issued. It's not limited to educational books 
as per the press statement. The only condition is that the print version should 
exist. Now, whether it does exist or not would depend on facts of the case. If 
only five copies are printed, there could be a case of evasion."

While Oxford Univerity Press and Amazon Publishing declined to comment, 
Neelkanth Karinje, CFO, Juggernaut, thinks the announcement will have no impact 
on the company's digital publishing business.

"We don't have a print version of text books or those related to education. It 
seems the government is in no mood to abolish GST on e-books, but only giving a 
concession to education sector," he said.



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