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GST 2.0: The Two-Rate Structure and What Replaced the Old Slabs

For eight years GST ran on four principal rates — 5%, 12%, 18% and 28% — plus compensation cess on top of the highest. Classification disputes were not really about tax policy...

Vikas Sharma Tax & Compliance Expert
5 min read 9 views Updated Sep 10, 2026 Expert Reviewed Medium Complexity
GST 2.0: The Two-Rate Structure and What Replaced the Old Slabs
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Last updated: September 2026Applies to: FY 2026-27Verified against: Government sources
Quick Answer

For eight years GST ran on four principal rates — 5%, 12%, 18% and 28% — plus compensation cess on top of the highest. Classification disputes were not really about tax policy; they were about which of four boxes a product fell into, and the gap between boxes was worth fighting over.

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For eight years GST ran on four principal rates — 5%, 12%, 18% and 28% — plus compensation cess on top of the highest. Classification disputes were not really about tax policy; they were about which of four boxes a product fell into, and the gap between boxes was worth fighting over.

From 22 September 2025, there are two.

What moved where

The redistribution was not mechanical. Broadly:

Old rateWhere it went
28% (non-sin)mostly 18% — cement, air conditioners, televisions, dishwashers, small cars, motorcycles up to 350cc
28% + cess (sin/luxury)40%, cess folded in — pan masala, tobacco, aerated drinks, large cars, luxury motorcycles
18% (mass consumption)many to 5% — toilet soap, shampoo, hair oil, toothpaste, bicycles, tableware
12%split — essentials down to 5%, the rest up to 18%
5%mostly held at 5%
Nillargely held, with additions — individual life and health insurance, several food items

The direction of travel is that the daily-use basket moved down and the demerit basket moved up and absorbed the cess. The 12% slab, which had always been the hardest to justify, disappeared by being split.

The 40% rate is not a fourth slab

It is easy to describe GST 2.0 as "5, 18 and 40" and treat all three as slabs. That misreads it.

5% and 18% are the general rates. Everything is one or the other unless it is specifically listed elsewhere. 40% is a closed, enumerated list — pan masala, gutkha, cigarettes and tobacco products, aerated and carbonated beverages, caffeinated and carbonated drinks, luxury motor vehicles above the specified engine and length thresholds, motorcycles above 350cc, yachts, aircraft for personal use, and specified betting, gambling and online money gaming.

Nothing gets to 40% by residual reasoning. If a product is not in the list, it is not at 40%, however premium it looks. What actually falls under the 40% rate →

Classification did not get easier everywhere

Fewer boxes should mean fewer fights. In one place it produced a sharper one.

The gap between 5% and 40% on beverages is thirty-five points. A fruit-pulp or fruit-juice-based drink that is not carbonated sits low; add carbonation and it becomes a carbonated beverage of fruit drink liable at 40%. The ICAI FMCG sectoral guide flags precisely this: the classification line between a fruit-based drink and a carbonated fruit drink now carries a tax consequence large enough to make it the sector's most contested question.

Similarly, "pre-packaged and labelled" determines whether staples like rice, pulses and flour are exempt or at 5%. Notification No. 10/2025-CT(Rate) amended the Explanation below the rate notifications so that the expression takes the meaning assigned under s.2(1) of the Legal Metrology Act, 2009. Rate liability on a food product therefore depends not only on what it is, but on whether the package satisfies Legal Metrology conditions. Pre-packaged and labelled after Notification 10/2025 →

The downstream effects nobody budgeted for

Inverted duty at scale. When an output moves from 18% to 5% but the inputs behind it — chemicals, packaging, machinery, job work, freight, advertising — stay at 18%, credit accumulates every month. The ICAI FMCG guide identifies accumulation of unutilised ITC as a direct consequence of rate rationalisation. ITC accumulation after the rate cuts →

Transitional stock. Goods manufactured and cleared at the old rate sit in distributor and retailer inventory. The credit in the chain was taken at the old rate; the onward supply happens at the new one. Rate change and time of supply under section 14 →

Labelling and MRP. A rate cut that is not passed through in the printed MRP is a legal metrology problem before it is a GST problem.

Contracts and quotes. Long-term supply contracts quoted "plus GST at applicable rates" repriced automatically. Contracts quoted at a GST-inclusive figure did not, and the margin moved to whichever side the drafting favoured.

What did not change

  • The CGST/SGST/IGST split is untouched. A 5% intra-State supply is 2.5% + 2.5%.
  • Section 9 and the charging framework are unchanged. This was done through rate notifications, not by amending the Act.
  • Exempt supplies remain exempt supplies. A rate cut to 5% is not an exemption, and the ITC consequences are opposite.
  • Special rates survive — 0.25% on rough diamonds, 3% on gold, silver and jewellery, and the composition rates in s.10.
  • RCM lists, e-invoicing thresholds, return forms and due dates are unaffected.

Key takeaways

  • Two principal rates, 5% and 18%, effective 22 September 2025.
  • 40% is an enumerated demerit list, not a residual slab.
  • 12% and 28% are gone as general rates.
  • Notification 09/2025-CT(Rate) is the consolidated goods schedule.
  • Notification 10/2025-CT(Rate) ties "pre-packaged and labelled" to the Legal Metrology Act.
  • The structural consequence is inverted duty; the commercial consequence is contract repricing.

Read next

Disclaimer: Positions stated as on 5 September 2026, based on ICAI GST publications updated to 2026. Rate notifications are amended frequently — verify the current entry for your HSN on cbic.gov.in before pricing.

Key Facts About GST 2

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

What are the GST rates after GST 2.0?

Two principal rates — 5% and 18% — with a 40% demerit rate for an enumerated list of sin and luxury items. Nil-rated and special rates such as 0.25% and 3% continue.

When did the new GST rate structure take effect?

22 September 2025.

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GST 2: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Frequently Asked Questions
What are the GST rates after GST 2.0?
Two principal rates — 5% and 18% — with a 40% demerit rate for an enumerated list of sin and luxury items. Nil-rated and special rates such as 0.25% and 3% continue.
When did the new GST rate structure take effect?
22 September 2025.
Do 12% and 28% still exist?
Not as general slabs. Items previously at 12% moved to either 5% or 18%; items at 28% moved to 18%, or to 40% where they are sin or luxury goods.
Which notification carries the new rates for goods?
Notification No. 09/2025-Central Tax (Rate) prescribes the consolidated GST rates for goods. Corresponding State rate notifications must also be checked, since GST is a dual levy.
Was the CGST Act amended for GST 2.0?
No. The rate change was made through rate notifications under section 9, not by amending the Act.
Why are refunds increasing after the rate cuts?
Because outputs moved to 5% while many inputs stayed at 18%, creating inverted duty structures and monthly credit accumulation that can only be released through a refund claim.
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Vikas Sharma VERIFIED EXPERT
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Experienced in company registration, GST, trademark, and compliance. Helping Indian businesses stay compliant.
Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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