GST on Dairy & Milk — Fresh Milk Exempt, Cheese 12%, Ice Cream 18%
Complete GST guide for dairy & milk products: fresh milk exempt, pasteurized milk exempt, curd/paneer (pre-packaged) 5%, cheese 12%, butter/ghee 12%, ice cream 18%, milk powder 5%, infant formula 5%, flavored milk 12%, cooperative model, export zero-rating, and dairy farmer exemptions.
Exempt
Fresh / Raw Milk
Exempt
Pasteurized Milk
5%
UHT / Flavored Milk
12%
Cheese
12%
Butter / Ghee
18%
Ice Cream
5%
Milk Powder
5%
Paneer / Curd
Dairy & Milk — GST Framework
Fresh Milk & Pasteurized Milk — Exempt
COMPLETELY EXEMPT (0% GST): Fresh milk (cow, buffalo, goat, camel): EXEMPT (HSN 0401). Pasteurized milk (standardized, toned, double toned): EXEMPT. Curd / dahi (not pre-packaged & labeled): EXEMPT. Lassi (not pre-packaged & labeled): EXEMPT. Buttermilk / chaas (not pre-packaged & labeled): EXEMPT. WHY EXEMPT: Milk = essential commodity under Essential Commodities Act. India: largest milk producer globally (230+ million tonnes/year). 80 million dairy farmers depend on milk. Political impossibility to tax milk. Even 5% GST on milk = ₹60,000-80,000 crore burden on consumers. AMUL / MOTHER DAIRY / NANDINI: Amul pouch milk (pasteurized): EXEMPT. Mother Dairy token milk: EXEMPT. Nandini milk (Karnataka): EXEMPT. All cooperative/private dairy brands: EXEMPT on liquid milk. BUT: Amul/Mother Dairy PAY GST on: Processing machinery: 18%. Packaging material: 18%. Transport: 18% (if outsourced). These costs absorbed — NOT passed to consumer. ITC ISSUE: Since output (milk) is exempt → NO ITC claim on inputs. All input GST becomes cost for dairy companies. Estimated ITC loss for Amul: ₹500-700 crore annually (absorbed in margins). MILK DELIVERY APPS: Country Delight, Doodhwala, MilkBasket: Milk itself: exempt. Platform commission/delivery: 18% (service). Subscription model: milk portion exempt, service fee taxable. In practice: companies structure pricing to minimize visible GST. A2 MILK / ORGANIC MILK: A2 cow milk: EXEMPT (same as regular milk — no distinction). Organic milk (certified): EXEMPT. Premium pricing is market-driven, NOT tax-driven. Camel milk, donkey milk: EXEMPT (all animal milk is exempt regardless of animal).
Curd, Paneer, Buttermilk — 5% / Exempt
THE 2022 CHANGE — PRE-PACKAGED & LABELED: Before July 18, 2022: ALL curd, paneer, buttermilk: EXEMPT (regardless of packaging). After July 18, 2022: Pre-packaged & labeled (≤ 25 kg): 5% GST. Loose / unpackaged: still EXEMPT. WHAT IS 'PRE-PACKAGED & LABELED'? Definition (Legal Metrology Act): Packed in advance. Quantity is predetermined. Label shows: net quantity, manufacturer name, MRP, date, batch. So: Amul Masti Dahi (400g cup, MRP printed): 5% GST. Loose curd from local dairy shop: EXEMPT. Mother Dairy paneer (200g pack): 5% GST. Paneer from halwai (cut and weighed): EXEMPT. PRODUCTS AFFECTED (5% if pre-packaged): Curd / dahi (branded packs): 5% (HSN 0403). Paneer (branded packs): 5% (HSN 0406). Lassi (tetra pack / bottle): 5%. Buttermilk (branded carton): 5%. Cheese? NO — cheese was ALREADY at 12% before this change. CONTROVERSY: Opposition called it 'tax on dahi' — politically sensitive. Government defense: only branded pre-packed (not loose). Impact: 60-70% of curd/paneer sold loose (unaffected). Only organized sector (Amul, Mother Dairy, Nestle) affected. Consumer impact: ₹1-3 increase per pack (minimal on ₹30-50 pack). PANEER SPECIFICS: Fresh paneer (loose): EXEMPT. Pre-packed paneer (Amul, Mother Dairy): 5%. Processed cheese paneer (Amul Cheese Block): 12%. Paneer tikka (restaurant): 5% (restaurant service rate). Frozen paneer (for export): IGST 5% (refund available to exporter).
Cheese, Butter & Ghee — 12%
CHEESE — 12% GST: All cheese: 12% (HSN 0406). Processed cheese (Amul, Britannia): 12%. Cheddar cheese: 12%. Mozzarella (pizza cheese): 12%. Cream cheese: 12%. Cottage cheese (same as paneer if fresh — 5%; processed → 12%). Imported cheese (Gouda, Brie, Parmesan): 12% IGST + customs duty (30-40%). Cheese spread: 12%. BUTTER — 12% GST: Butter (salted/unsalted): 12% (HSN 0405). Table butter: 12%. Cooking butter: 12%. White butter (makkhan): 12% if pre-packaged. Loose makkhan from dairy: EXEMPT (unpackaged). Imported butter (Lurpak, Kerrygold): 12% IGST + 30% customs. GHEE — 12% GST: Ghee (cow/buffalo): 12% (HSN 0405). Desi ghee: 12%. Clarified butter: 12%. Vanaspati (hydrogenated vegetable fat): 12% (HSN 1516). A2 ghee (premium): 12% (same rate as regular). Organic ghee: 12%. Pre-GST: ghee varied 0-5% (state dependent). Post-GST: standardized at 12% (increase for some states). Ghee producers protested — no rate change achieved. CREAM — 12%: Fresh cream: 12% (HSN 0401). Malai (fresh, loose): EXEMPT (agricultural produce). Whipping cream: 12%. Cream powder: 5% (milk powder classification). COMPARATIVE — BUTTER vs MARGARINE: Butter: 12% GST. Margarine: 12% GST (same rate). No tax advantage for either. BUT: health trends → butter gaining market share regardless of tax parity.
Ice Cream & Frozen Desserts — 18%
ICE CREAM — 18% GST: All ice cream: 18% (HSN 2105). Includes: Amul ice cream: 18%. Kwality Walls (HUL): 18%. Baskin Robbins: 18%. Naturals Ice Cream: 18%. Havmor: 18%. Kulfi (branded/packaged): 18%. Ice cream cones: 18%. Ice cream bars/sticks: 18%. WHY 18% (NOT 28% or 12%): Pre-GST: ice cream was 12.5% excise + 5-14.5% VAT = 18-27%. GST at 18%: actually a REDUCTION from pre-GST in most states. Industry wanted 12%: 'ice cream is food, not luxury.' Government: 'ice cream is discretionary — higher than essentials.' No further reduction since 2017. ITC RESTRICTION: Ice cream parlours: CANNOT claim ITC (exempt sector debate). Actually: ice cream manufacturing = ITC available. Ice cream SELLING (retail): ITC available (it's standard rated). Confusion arises with RESTAURANT ice cream: Restaurant sells ice cream as part of meal: 5% (no ITC). Ice cream parlour (like Baskin Robbins takeaway): 18% (ITC available). Dine-in at ice cream parlour: 18% (it's NOT classified as restaurant — it's retail + consumption of manufactured product). FROZEN DESSERT vs ICE CREAM: Ice cream (contains dairy cream): 18%. Frozen dessert (contains vegetable fat): 18% (same rate). No GST difference between the two. FSSAI distinguishes them for labeling — GST doesn't care. This benefits companies like Kwality Walls (uses vegetable fat in some products): same 18%. GELATO / SORBET / FROZEN YOGURT: Gelato: 18% (classified as ice cream). Sorbet: 18%. Frozen yogurt (Cocoberry, Red Mango): 18%. Soft serve (McDonald's cone): 18% (if takeaway) or 5% (if part of restaurant meal). ICE CREAM CAKE: Ice cream cake: 18% (ice cream classification prevails). Regular cake: 18% (bakery product). No difference in tax treatment.
Milk Powder, Baby Food & Dairy Beverages — 5% / 18%
MILK POWDER — 5% GST: Skimmed milk powder (SMP): 5% (HSN 0402). Whole milk powder (WMP): 5%. Dairy whitener: 5% (milk powder with added sugar). Condensed milk: 5% (HSN 0402). Evaporated milk: 5%. INFANT FORMULA / BABY FOOD: Infant milk food (Lactogen, Similac, Nan Pro): 5% (HSN 1901). Follow-up formula: 5%. Growing-up milk (Pediasure): 18% (NOT infant food — classified as nutritional supplement). Cerelac (Nestle): 18% (processed food, not plain milk product). DISTINCTION MATTERS: Stage 1 formula (0-6 months): 5% — classified as 'preparation for infant use.' Stage 2 (6-12 months): 5% — same classification. Health drinks with milk (Bournvita, Horlicks): 18% — classified as 'malt extract preparation.' Pure milk-based: 5%. Milk + additives (chocolate, vitamins, flavoring): 18%. FLAVORED MILK: Amul Kool (flavored milk): 12% (dairy-based beverage — HSN 0402). Amul Lassi (tetra pack): 5% (pre-packaged milk product). Milkshake (branded bottle): 12%. Milk with added sugar/flavor: 12%. WHEY & PROTEIN: Whey (liquid/powder): 5% (HSN 0404). Whey protein concentrate (WPC): 18% (supplement classification). Casein: 18% (HSN 3501). Lactoferrin: 18%. EXPORTS: Milk powder export: 0% IGST (zero rated). India: one of largest SMP exporters (to Bangladesh, Middle East, Africa). Export incentive: full ITC refund. Dairy companies (Amul, Parag): export significant SMP volumes — zero rated helps.
Dairy Cooperatives & Supply Chain GST
COOPERATIVE MODEL (AMUL PATTERN): Village → District → State → National level cooperative. GCMMF (Gujarat Coop Milk Marketing Federation): India's largest food company by revenue. GST FLOW IN COOPERATIVE: (1) Farmer sells milk to village cooperative: EXEMPT (agricultural produce by agriculturist). (2) Village coop sells to district union: EXEMPT (if only chilling/storing). (3) District union processes (pasteurizes/packs): Output milk: EXEMPT. Output cheese/butter/ghee: 12%. Output ice cream: 18%. (4) District union sells to state federation (GCMMF/Amul): Milk: exempt. Value-added products: 12-18%. (5) GCMMF sells to distributors/retailers: Same rates as step 4. REVERSE CHARGE ON MILK: If registered person buys UNPROCESSED milk from unregistered farmer: NO RCM (milk is exempt — RCM doesn't apply to exempt goods). If registered person buys PROCESSED dairy: RCM applies if supplier is unregistered and value > ₹5,000/day. COLD CHAIN & LOGISTICS: Refrigerated transport of milk: 18% (GTA service). Cold storage of dairy: 18% (if commercial storage). BUT: agricultural cold storage: exempt (milk = agricultural produce). Confusion: is pasteurized milk 'agricultural produce'? Department says: raw milk = agricultural. Pasteurized = processed. So cold storage of pasteurized milk: 18% (not exempt). DAIRY EQUIPMENT: Milking machines: 12% (agricultural machinery). Bulk milk cooler: 18%. Pasteurizer: 18%. Homogenizer: 18%. Packaging machine (tetra pack filler): 18%. All ITC available for registered dairy companies. BUT: cooperatives selling exempt milk cannot claim ITC on equipment. This is the BIGGEST cost issue for dairy cooperatives. CATTLE FEED: Cattle feed: EXEMPT (HSN 2309). Fodder (green/dry): EXEMPT. Cotton seed cake: EXEMPT. De-oiled rice bran: EXEMPT. Mineral mixture for cattle: 5%. Cattle feed additives/supplements: 5%. Complete exemption for feed = reduces milk production cost.
Dairy & Milk — GST Rate Table
| Item | HSN | GST Rate | Notes |
|---|---|---|---|
| Fresh milk (cow, buffalo, goat) | 0401 | Exempt | India's largest agri commodity |
| Pasteurized / toned milk | 0401 | Exempt | Amul, Mother Dairy pouches |
| Curd / dahi (pre-packaged) | 0403 | 5% | Loose curd: EXEMPT |
| Paneer (pre-packaged) | 0406 | 5% | Loose paneer: EXEMPT |
| Cheese (all types) | 0406 | 12% | Processed, mozzarella, cheddar |
| Butter | 0405 | 12% | Salted, unsalted, cooking |
| Ghee (desi / clarified) | 0405 | 12% | Cow, buffalo, A2 |
| Ice cream / frozen dessert | 2105 | 18% | All brands and types |
| Milk powder (SMP / WMP) | 0402 | 5% | Dairy whitener included |
| Condensed milk | 0402 | 5% | Milkmaid, Amul |
| Infant formula (Stage 1-2) | 1901 | 5% | Lactogen, Nan, Similac |
| Flavored milk (tetra pack) | 0402 | 12% | Amul Kool, milkshakes |
Frequently Asked Questions
Why was GST imposed on curd and paneer in 2022 — wasn't it supposed to be essential food?
How does GST differ between an ice cream parlour and a restaurant serving ice cream?
What are the GST implications for dairy farmers — do they need to register?
How does India's dairy export benefit from GST zero-rating — and what about import duties?
Dairy & Milk GST — Invoicing, ITC & Cooperative Compliance
Laabam.One handles dairy & milk GST: exempt milk invoicing (no-tax bills), pre-packaged curd/paneer at 5%, cheese/butter/ghee at 12%, ice cream at 18%, cooperative supply chain billing, dairy export zero-rating with ITC refund, and FSSAI compliance documentation.
Explore GST Law