Update from National Informatics Centre:
Enhancements to E-Way Bill System – HSN Code Requirements (Date: 05-01-2023)
– In alignment with Notification No. 78/2020-Central Tax from 15th October 2020, businesses recording an Annual Aggregate Turnover (AATO) exceeding Rs. 5 Crores are now required to furnish a minimum 6-digit HSN code for all B2B and international transactions. For businesses with AATO below Rs. 5 Crores, the mandate is to provide a 4-digit HSN code.
– These requisites will be integrated into the e-way bill system starting 15th February 2024. We urge all affected taxpayers to update their invoicing systems accordingly to incorporate the 4 or 6-digit HSN codes when generating e-way bills online or via API after this date.
How Does this Impact You?
Now you need to Generate E-way Bills containing 4-digit or 5-digit HSN codes as per the applicability from 15th Oct 2020, as this lock will be Implemented by NIC on E-way Bill Portal.
HSN Code Requirements on Invoice
What is HSN Code?
– A harmonised system of Nomenclature (HSN) Has been adopted for the classification of goods. The harmonised commodity description and coding system also known as the harmonised system of tariff nomenclature is an internationally standardised system of names and numbers to classify traded products. The World Customs Organisation (WCO) Has been administering a 6-digit HS course schedule. The HS courts have been used for import-export trades all over the world.
– Accordingly, the supplies need to be embarked with HSN code for goods and Service Accounting Codes (SAC) for Services.
– It shall be mandatory in the case of exports and imports to specify the HSN code at 8 digits and the accounting code for services.
– 1st Proviso to Rule 46 – Tax Invoice
(Substituted vide Notification No. 79/2020-CT dated 15.10.2020)
“ Provided that the Board may, on the recommendations of the Council, by notification, specify-
(i) the number of digits of Harmonised System of Nomenclature code for goods or services that a class of registered persons shall be required to mention; or
(ii) a class of supply of goods or services for which specified number of digits of Harmonised System of Nomenclature code shall be required to be mentioned by all registered taxpayers; and
(iii) the class of registered persons that would not be required to mention the Harmonised System of Nomenclature code for goods or services “
– Notification No. 12/2017 –Central Tax dated 28th Jun 2017
For Period from 1st July 2017 till 31st March 2021
Serial Number | Annual Turnover in the preceding Financial Year | Number of Digits of Harmonised System of Nomenclature Code (HSN Code) | Relief if any |
1. | Upto 1.5 Crore | Nil | No requirement to mention HSN. |
2. | More than 1.5 Crore But upto 5 Crore | 2 | Compulsory for Both B2B and B2C |
3. | More than 5 Crore | 4 | Compulsory for Both B2B and B2C |
– Notification No. 78/2020 –Central Tax dated 15th Oct 2020
As per this Notification w.e.f 1st April 2021, the following is requirements of the HSN Code
Serial Number | Aggregate Turnover in the preceding Financial Year | Number of Digits of Harmonised System of Nomenclature Code (HSN Code) | Relief if any |
1. | Upto 5 Crore | 4 | May not mention the number of digits of HSN Code, in a tax invoice issued by him under the said rules in respect of supplies made to unregistered persons |
2. | More than 5 Crores | 6 | COMPULSORY |
– Notification No. 90/2020 –Central Tax dated 1st Dec 2020
Vide this Notification, CBIC has specified the names of 49 Chemicals in respect of which the registered person shall be required to mention 8 digits of HSN codes in the tax invoice issued by him.
S.No. | Chemical name | HSN Code |
1 | Mixture of (5-ethyl-2-methyl-2-oxido-1,3,2-dioxaphosphinan-5-yl) methyl methyl methylphosphonate (CAS RN 41203-81-0) and Bis [(5-Ethyl-2-methyl-2-oxido-1,3,2-dioxaphosphinan-5-yl)methyl] methylphosphonate (CAS RN42595-45-9) | 38249100 |
2 | Dimethyl propylphosphonate | 29313200 |
3 | (5-Ethyl-2-methyl-2-oxido-1,3,2-dioxaphosphinan-5-yl)methyl methyl methylphosphonate | 29313600 |
4 | Bis[(5-Ethyl-2-methyl-2-oxido-1,3,2-dioxaphosphinan-5-yl)methyl] methylphosphonate | 29313700 |
5 | 2,4,6-Tripropyl-1,3,5,2,4,6-trioxatriphosphinane 2,4,6-trioxide | 29313500 |
6 | Dimethyl methylphosphonate | 29313100 |
7 | Diethyl ethylphosphonate | 29313300 |
8 | Methylphosphonic acid with ( aminoiminomethyl) urea ( 1: 1) | 29313800 |
9 | Sodium 3-(trihydroxysilyl) propyl methylphosphonate | 29313400 |
10 | 2,2-Diphenyl-2-hydroxyacetic acid | 29181700 |
11 | 2-(N,N-Diisopropylamino)ethylchloride hydrochloride | 29211400 |
12 | 2-(N,N-Dimethylamino)ethylchloride hydrochloride | 29211200 |
13 | 2-(N,N-Diethylamino)ethylchloride hydrochloride | 29211300 |
14 | 2-(N,N-Diisopropylamino)ethanol | 29221800 |
15 | 2-(N,N-Diethylamino )ethanethiol | 29306000 |
16 | Bis(2-hydroxyethyl)sulfide | 29307000 |
17 | 2-(N,N-Dimethylamino)ethanethiol | 29309092 |
18 | Product from the reaction of Methylphosphonic acid and l,3,5- Triazine-2,4,6- triamine | As applicable |
19 | 3-Quinuclidinol | 29333930 |
20 | R-(- )-3-Quinuclidinol | 29333930 |
21 | 3,9-Dimethyl-2,4,8,10-tetraoxa-3,9-diphosphaspiro [5.5] undecane 3,9- dioxide | 29313900 |
22 | Propylphosphonic dichloride | 29313900 |
23 | Methylphosphonic dichloride | 29313900 |
24 | Diphenyl methylphosphonate | 29313900 |
25 | O-(3-chloropropyl)O-[4-nitro-3-(trifluoromethyl)phenyl] methylphosphonothionate | 29313900 |
26 | Methylphosphonic acid | 29313900 |
27 | Product from the reaction of methylphosphonic acid and 1,2- ethanediamine | As applicable |
28 | Phosphonic acid,methyl-, polyglycol ester (Exolit OP 560 TP) | 38249900 |
29 | Phosphonic acid,methyl-,polyglycol ester (Exolit OP 560) | 38249900 |
30 | Bis (polyoxyethylene) methylphosphonate | 39072090 |
31 | Poly(1,3-phenylene methyl phosphonate) | 39119090 |
32 | Dimethylmethylphosphonate, polymer with oxirane and phosphorus oxide | 38249900 |
33 | Carbonyl dichloride | 28121100 |
34 | Cyanogen chloride | 28531000 |
35 | Hydrogen cyanide | 28111200 |
36 | Trichloronitromethane | 29049100 |
37 | Phosphorus oxychloride | 28121200 |
38 | Phosphorus trichloride | 28121300 |
39 | Phosphorus pentachloride | 28121400 |
40 | Trimethyl phosphite | 29202300 |
41 | Triethyl phosphite | 29202400 |
42 | Dimethyl phosphite | 29202100 |
43 | Diethyl phosphite | 29202200 |
44 | Sulfur monochloride | 28121500 |
45 | Sulfur dichloride | 28121600 |
46 | Thionyl chloride | 28121700 |
47 | Ethyldiethanolamine | 29221720 |
48 | Methyldiethanolamine | 29221710 |
49 | Triethanolamine | 29221500 |
Also Listen: Understand The Role of SAC Codes and GST Rates
Disclaimer –
Please note that the insights shared here are based solely on my personal interpretation of the GST Law, aimed at enhancing general understanding. These views should not be considered as professional advice. For specific circumstances and detailed interpretation, consulting the GST Law directly is advisable. This is shared in good faith, and I am not responsible for any implications arising from the use of this information.
CA Gitesh S. Bajaj
Gitesh Bajaj & Associates
Aurangabad
Ph. 9403586219
📧: Gitesh.Bajaj@gbassociates.org
How do I determine the correct HSN code for a chemical product