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Petroleum products under GST

Petroleum products in India in 2026 remain outside the GST framework. Petrol, diesel, aviation turbine fuel, natural gas, and crude oil continue to attract central excise duty plus state VAT and cesses, governed under Article 279A and Section 9(2) of the CGST Act, which empower the GST Council to recommend the date of inclusion. Because these products are outside GST, businesses cannot claim input tax credit on fuel-related taxes, leading to cascading costs in transport, aviation, fertiliser, and power generation sectors.

Mayank WadheraMayank Wadhera
Published: 6 May 2023
Updated: 16 May 2026
4 min read
Petroleum products under GST
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Why petroleum products are still outside GST in 2026, the dual excise-plus-VAT regime, sector impacts, and the case for ATF and natural gas inclusion.

Petroleum products remain one of the most politically and economically sensitive corners of India's tax architecture. Despite GST's universal coverage ambition since 2017, five key petroleum products, including petrol, diesel, ATF, natural gas, and crude oil, continue to fall outside GST and are governed by a parallel system of central excise and state VAT. The Union Budget 2026 reiterated the government's intent to phase petroleum products into GST, but the GST Council has yet to notify a transition date. The 2026 landscape is therefore one of continued duality.

Why Petroleum Is Still Outside GST

Under Article 279A and Section 9(2) of the CGST Act, the GST Council is empowered to recommend the date from which GST will be levied on petroleum crude, high-speed diesel, motor spirit (petrol), natural gas, and aviation turbine fuel. Until that date is notified, these products attract central excise duty levied by the Union, plus state VAT or sales tax levied by each state, plus various cesses. The fiscal stakes are substantial: petroleum taxes contribute a major share of state revenues, particularly for states with limited diversified revenue.

Current Tax Structure

  • Petrol: central excise duty plus state VAT plus cess, totalling 45 to 55 percent of retail price depending on state.
  • Diesel: central excise plus state VAT plus cess, typically 35 to 50 percent of retail price.
  • Aviation Turbine Fuel: central excise plus state VAT, varying widely across states; some states have reduced VAT significantly to attract airline traffic.
  • Natural gas: central excise plus state VAT, with major implications for fertiliser, power, and city gas distribution.
  • Crude oil: cess and oil industry development levies; downstream excise treatment differs by product.

Industry-Specific Consequences

Because petroleum products are outside GST, businesses cannot claim input tax credit on excise and VAT paid on fuel. This breaks the ITC chain for transport, logistics, aviation, power generation, and energy-intensive manufacturing. The cascading effect adds 3 to 7 percent to operating costs depending on the sector. Companies routinely lobby for natural gas, in particular, to be brought under GST to unblock credit for the fertiliser and power sectors.

Why ATF and Natural Gas Are the Likely First Movers

Within the political constraints, ATF and natural gas are seen as the most feasible first products to migrate into GST. Bringing ATF under GST would let airlines claim full ITC and rationalise interstate operating costs. Bringing natural gas under GST would benefit CGD networks, fertiliser plants, and power producers. The GST Council has discussed both repeatedly without final consensus, and 2026 may finally see a partial inclusion.

Practical Compliance Today

Businesses purchasing petroleum products outside GST must continue to account for excise and VAT as cost rather than recoverable tax. Carefully segregate fuel expense from GST-bearing inputs in books to avoid wrongful ITC claims. For natural gas users, monitor state VAT changes which can be substantial. Keep export documentation for any export under FTP that involves petroleum-related drawback claims, and maintain robust supplier invoices.

State-Level VAT Variations

State VAT rates on petrol, diesel, and ATF vary materially across states. Some states have moved to ad valorem rates plus per-litre cesses, others maintain straight ad valorem, and a few have introduced specific reductions for ATF to attract airline operations. Logistics operators with multi-state routes must price for the variation, and inter-state aviation operators carefully select fuelling stations to minimise tax. Compliance teams in petroleum-intensive businesses maintain a dynamic state-VAT matrix updated whenever any state notifies a rate change.

Transition Preparation

Whenever the GST Council does notify inclusion of petroleum products, businesses will need to handle the transition carefully. Pre-transition stocks held with excise and VAT paid will need transition credit mechanisms similar to those used in 2017. Pricing models will need recalibration to reflect the new GST rates and recoverable ITC. ERP systems must be configured to handle the dual treatment during transition. Companies particularly exposed to ATF and natural gas should already be running scenario analyses for the likely first-mover inclusion in the near term.

Industry Voices and the Path Forward

Industry associations including FICCI, CII, the Petroleum Federation of India, and sector-specific bodies for airlines, fertilisers, and power have consistently advocated for early inclusion of natural gas and ATF under GST. The economic logic is clear: unlocking ITC would reduce cascading costs, support competitiveness, and align India with most G20 economies that tax energy products through their standard indirect tax framework. The political constraint is state revenue dependence, which would need to be addressed through compensation mechanisms or revenue-sharing arrangements similar to those used during the 2017 GST transition.

Conclusion

Petroleum products under GST in 2026 are still a story in motion. Until the GST Council notifies the transition date, the dual excise-plus-VAT regime continues, denying ITC and inflating costs across transport, aviation, power, and fertiliser. Watch for early movers (ATF and natural gas), plan procurement and pricing under the current regime, and prepare cost models for the eventual transition that policy signals continue to point toward.

Frequently Asked Questions

Why are petrol and diesel not under GST?
Under Section 9(2) of the CGST Act, petroleum crude, motor spirit, high-speed diesel, natural gas, and aviation turbine fuel are kept outside GST until the GST Council recommends a date for inclusion. The reason is fiscal: petroleum taxes contribute a significant share of state and central revenues, and states have so far been reluctant to give up VAT control over these products.
Can businesses claim ITC on petrol and diesel purchases?
No. Because petroleum products attract central excise and state VAT rather than GST, the taxes paid on these purchases are not eligible for input tax credit under the GST framework. The taxes become part of operating cost. This breaks the ITC chain for fuel-intensive sectors like transport, logistics, aviation, power generation, and energy-intensive manufacturing.
Which petroleum products may be brought under GST first?
Aviation Turbine Fuel (ATF) and natural gas are widely regarded as the most likely first candidates for inclusion under GST. ATF inclusion would help airlines claim ITC and rationalise interstate operating costs. Natural gas inclusion would benefit fertiliser, power, and city gas distribution sectors. The GST Council has discussed both repeatedly, with partial inclusion possible in 2026.
How does the dual tax regime affect logistics companies?
Logistics and transport companies pay excise and state VAT on diesel without ITC eligibility, so the tax becomes a permanent cost embedded in freight rates. This adds 3 to 7 percent to operating costs depending on fuel intensity and route mix. The cascading is passed downstream to customers, inflating delivered prices of goods across the economy.
Mayank Wadhera
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