GJEPC Hails GST Rate Harmonization for Rough Diamonds

The Indian gem and jewellery sector, a significant contributor to the nation’s economy and global trade, has long sought a streamlined and supportive regulatory environment. In a pivotal move towards achieving this, the Gem & Jewellery Export Promotion Council (GJEPC) lauded the Goods and Services Tax (GST) Council’s decision to standardize import rates for rough diamonds across all Harmonized System (HS) Codes. This landmark change, announced following the 21st meeting of the GST Council on September 9, 2017, effectively reduced the GST on industrial and unsorted diamonds from a prohibitive 3% to a more manageable 0.25%.

Harmonizing GST Rates for Rough Diamonds: A Boost for the Industry

The journey to harmonized GST rates for rough diamonds was not without its challenges. Previously, a glaring discrepancy existed where certain categories of rough diamonds attracted a 3% GST, while others were taxed at a mere 0.25%. This disparity created significant ambiguity and operational hurdles for importers and the customs department alike. Diamond parcels, regardless of their intrinsic value or intended use, became susceptible to varied interpretations and treatment by customs officials, often leading to delays, disputes, and increased transaction costs. Such inconsistencies severely hampered the efficiency and predictability of the diamond trade, a sector where timely and smooth operations are paramount for maintaining competitiveness in the global market.

The GJEPC had consistently and persistently advocated for the rationalization of these rates. Their efforts underscored the critical need for a uniform tax structure that would eliminate confusion and foster a level playing field. The Council highlighted that an inconsistent tax regime not only complicated import procedures but also posed a competitive disadvantage for Indian businesses in the global diamond market. The reduction of GST to a uniform 0.25% for all categories of rough diamonds is a strategic decision that directly addresses these long-standing concerns, promising to simplify import processes, reduce potential for disputes, and enhance the overall ease of doing business for diamond traders in India. This move is expected to inject greater certainty and fluidity into the supply chain, benefiting a wide spectrum of stakeholders from large scale importers to smaller processing units and ultimately strengthening India’s position as a global diamond hub.

Clarity in Taxation: Mother of Pearl and Coral Products

Beyond rough diamonds, the 21st GST Council meeting also brought welcome clarity to the taxation of other important materials used in the gem and jewellery industry. Specific GST rates were announced for Plain Mother of Pearls at 3% and for articles crafted with Mother of Pearls at 12%. Similarly, worked Coral was assigned a GST rate of 5%, while Articles of Coral were set at 12%. These defined rates were met with enthusiasm by colour gemstone manufacturers and jewellers across the country, signifying a positive step towards a more transparent tax regime.

Prior to this announcement, the absence of clear GST classifications for these items presented significant operational challenges. Importers and manufacturers of mother of pearl and coral products often faced uncertainty regarding the applicable tax rates, leading to potential misinterpretations, assessment delays, and increased compliance burdens. Such ambiguities could disrupt supply chains, inflate costs, and make long-term business planning difficult. The establishment of clear and distinct GST rates for these materials eliminates guesswork, ensuring that jewellers and manufacturers can import and process these products with greater confidence and efficiency. This clarity is expected to foster growth in the segment of the industry that specializes in crafting jewellery and decorative items from these natural resources, providing a much-needed boost to artisans and businesses working with these unique materials and allowing them to compete more effectively in domestic and international markets.

Industry Leadership Praises Reforms and Advocates for Further Changes

Praveenshankar Pandya, the then Chairman of the GJEPC, articulated the industry’s profound positive reception to these changes. He emphasized that “The harmonised rates of GST (for rough diamonds) was very essential for the ease of doing business and will support the diamond trade to import the goods in respective category without any fear of imposing of higher rate of GST by the department.” This statement underscores the profound relief felt by traders who had previously navigated the complexities of differential taxation and the associated risks of higher tax impositions. The reduction in duty for Coral and Articles of Coral was similarly hailed as a beneficial step for the colour gemstone industry, opening avenues for more competitive pricing and diverse product offerings, which is crucial for a sector known for its artistic and intricate craftsmanship.

Mr. Pandya further highlighted the tangible positive impact on the import of mother of pearl, noting, “The industry was facing challenges while importing mother of pearl and now GST rates announced will allow jewellers a hassle free import of the product.” This sentiment reflects a broader industry desire for a regulatory framework that prioritizes simplicity and predictability, thereby enabling businesses to focus on growth and innovation rather than grappling with tax-related uncertainties. The GJEPC’s proactive engagement with the GST Council played a crucial role in bringing these vital clarifications and reductions to fruition, demonstrating the power of organized industry advocacy in shaping favorable policy outcomes that directly benefit its members and contribute to national economic objectives.

Paving the Way for Export Excellence: GJEPC’s Forward-Looking Recommendations

In addition to welcoming the immediate reforms, the GJEPC Chairman also expressed optimism regarding the formation of a special committee. This committee, tasked with overseeing GST rules concerning exports and operating under the Chairmanship of the Revenue Secretary, is a critical development for India’s export-oriented gem and jewellery sector. The GJEPC voiced its hope that this committee would give positive consideration to two further, crucial recommendations that the Council had put forth – one related to inter-group transactions within the trade and another concerning the import of gold for export production. These recommendations are designed to address systemic issues that continue to impede the sector’s export potential, aiming to unlock further growth and competitiveness on the global stage, solidifying India’s position as a dominant player in the international gem and jewellery market.

Streamlining Inter-Group Transactions for Polished Diamonds and Coloured Gemstones

One of the key bottlenecks identified by the GJEPC relates to the taxation of transactions for polished diamonds and coloured gemstones within the domestic trade/industry. India’s gem and jewellery industry, particularly in the diamond and gemstone cutting and polishing hubs like Surat and Jaipur, operates on a complex ecosystem where goods typically pass through several hands – from rough diamond dealer to manufacturer, and then to various intermediary traders before finally being exported from India. Under the current GST regime, tax is imposed at every single transaction or dealing within this intricate chain. While the tax paid is ultimately refundable after actual export, this system leads to significant capital blockage and creates severe cash flow challenges for businesses, especially for small and medium-sized units (SMEs) that operate on tight margins.

The requirement to pay GST upfront, coupled with the often-long gestation period for refunds, places an undue financial burden on businesses. Many small units, which form the backbone of the industry and are vital for employment generation, lack the necessary cash flow to manage these upfront payments, nor do they always have ready access to bank loans to bridge this financial gap. This capital constraint directly impacts manufacturing capabilities, leading to reduced production volumes and, consequently, a decline in exports, as evidenced by the observed reduction in exports over the preceding months. The GJEPC emphatically states that no other major competing diamond processing country, such as Belgium or Israel, employs a similar system of levying GST at every internal transaction and then requiring a refund after exports, which puts India at a distinct competitive disadvantage in a highly globalized market.

To overcome this, the Council has proposed a “Group Scheme” model, akin to internationally accepted best practices. Under this proposed system, transactions taking place between a diamond dealer, manufacturer, and exporter would be controlled and monitored through the allotment of a special GST number to a designated group. All transactions occurring within this registered group, utilizing this special GST number, would be exempted from immediate GST payment. Conversely, transactions conducted outside this defined group would be taxed at normal rates. This approach would effectively eliminate the need for upfront tax payments within the export-oriented value chain, thereby freeing up crucial working capital and significantly improving liquidity for businesses. The GJEPC emphasizes that this is not a call for exemption from tax but rather a recommendation for an internationally prevailing system designed to facilitate export-oriented transactions efficiently and fairly. Given that approximately 94% of the diamonds processed in India are ultimately destined for export, implementing such a streamlined group scheme is not merely an operational improvement but a strategic imperative to maintain India’s global leadership in diamond processing. The Council also strongly advocated for a similar scheme to be extended to the coloured gemstone industry, recognizing its parallel needs and significant export potential, ensuring equitable support across the sector.

Addressing Gold Availability for Jewellery Exporters

Another pressing issue highlighted by the GJEPC is the availability of gold for jewellery exporters, which has become a major concern following the imposition of a 3% GST at the import level. Nominated agencies traditionally play a crucial role in supplying gold to the trade, often with nominal commissions and premiums reflecting their operational expenses or risk perception. However, post-GST implementation, these agencies have found it increasingly difficult to continue this business model without significant adjustments, or they have been compelled to charge substantially higher premiums to cover their elevated risk and substantial capital outlay required for upfront GST payment on gold imports.

For exporters, this situation translates into a massive blockage of capital. The refund system inherent in GST, coupled with the long gestation period until the fixing of price and the actual recovery of GST against exports, means that a substantial amount of working capital remains tied up for extended periods, sometimes stretching into months. Furthermore, there is no absolute assurance that the exact amount of GST paid by the nominated agency at the import level will be fully refunded to the exporter, introducing an element of financial risk and uncertainty. This prolonged capital blockage and financial strain significantly impact the competitiveness of Indian gold jewellery exports in the international market, making Indian products relatively more expensive and less attractive. The GJEPC reported that gold jewellery exports witnessed a concerning decline of up to 30% after the introduction of GST at the import level, a clear indicator of the severe challenges faced by the sector and its urgent need for remedial measures.

To mitigate this crisis and support the export of gold jewellery, the Council has recommended the introduction of a system where bank guarantees would be accepted against GST obligations at the import level. This mechanism would allow nominated agencies to supply duty-free gold to exporters, with the bank guarantee serving as collateral for the GST that would otherwise be paid upfront. Such a system would effectively eliminate the capital blockage issue, significantly reduce the financial burden on both nominated agencies and exporters, and thereby restore the competitive edge of Indian gold jewellery in global markets. By facilitating a smoother, more cost-effective supply of raw gold, this measure is expected to reverse the downward trend in exports and foster sustainable growth for this critical segment of the gem and jewellery industry, ultimately safeguarding jobs and enhancing foreign exchange earnings.

These proactive recommendations from the GJEPC underscore the industry’s commitment to continuous improvement and its vital role in contributing to India’s economic prosperity. By working collaboratively with government bodies, the sector aims to create an environment that is not only globally competitive but also conducive to innovation, employment generation, and sustained export growth, solidifying its future trajectory.