Tuesday, 10 September 2024

GST Council recommendation in the 54th Meeting

 Hereinbelow the relevant announcements made in the meeting for your reference.  Kindly note that the below proposals/ recommendations shall be given effect by way of issuance of relevant notifications, circulars and/or amendments in the GST law, which will be issued in due course of time.

 Changes in relation to GST rates and exemptions:

    Applicability of GST under reverse charge in the hands of recipient to be introduced on below transactions:

o   Supply of metal scrap by unregistered person to registered person

o   Renting of commercial property by unregistered person to registered person

    GST TDS of 2% to be made applicable on supply of metal scrap between registered persons (ie. B2B supply)

    Reduction in GST rate from 18% to 12% on extruded or expanded products, savoury or salted falling under HSN 1905 90 30 prospectively.

-          The GST rate of 5% will continue on un-fried or un-cooked snack pellets, by whatever name called, manufactured through process of extrusion.

    To exempt incidental/ ancillary services in relation to the supply of transmission and distribution of electricity by transmission and distribution utilities to their consumers, involving supplies such as application fees for providing connection, meter rentals, testing fee etc. when provided as a composite supply - GST for past periods to be regularized on 'as is where is' basis.

    GST rate on car seats classified under HSN 9401 to be increased from 18% to 28% prospectively.

    GST Council to constitute a Group of Ministers (GoM) to look into the issues pertaining to GST on the life insurance and health insurance and to submit a report by end of October 2024.

  1. Circulars to be issued to provide clarifications on following issues:

    Clarification regarding availability of input tax credit on demo vehicles by the dealers of the vehicle manufacturers.

    Clarification on Place of Supply of data hosting services provided by service providers located in India to cloud computing service providers located outside India.

    Clarification on the Place of Supply of advertising services provided by Indian advertising companies to foreign entities

    To clarify that preferential location charges (PLC) paid along with the consideration for construction services before issuance of completion certificate forms part of composite supply with the main supply being the construction service.

    To clarify that ancillary services provided by GTA in the course of transportation of goods by road like loading/unloading, packing/unpacking, transshipment etc., will be treated as a composite supply of transportation of goods, when supplied along with the main supply of transportation of goods.  If invoiced separately, such services will not be treated as composite supply of transportation of goods.

  1. Proposals relating to certain trade facilitation measures:

    Procedure for waiver of interest or penalty or both, relating to demands raised under Section 73 of the CGST Act (for FY 2017-18 to FY 2019-20):

o   Insertion of a new rule 164 in the CGST Rules along with relevant forms to be prescribed to notify the procedure and conditions for availing waiver of interest and penalty in respect of demand notices issued under Section 73 of the CGST Act for FY 2017-18 to 2019-20, in case where tax liability is discharged in full up to 31 March 2025

o   Issuance of a circular to clarify various issued relating to availment of waiver of interest of penalty or both in terms of Section 128A of CGST Act (which would be notified w.e.f. 01 November 2024)

    Providing a mechanism for implementation of newly inserted sub-section (5) and sub-section (6) in Section 16 of the CGST Act:

o   Following sections to be notified retrospectively w.e.f 1 July 2017

-        To allow availment of ITC for invoices/ debit notes pertaining to FY 2017-18 to FY 2020-21 up to 30 November 2021 (Section 16(5) of CGST Act)

-        Relaxation of time limit for availment of ITC in cases where returns for the period (between date of cancellation and date of revocation of cancellation), are filed within 30 days of the order of revocation (Section 16(6) of CGST Act)

o   Special procedure for rectification of orders issued in relation to wrong availment of ITC for contravening of the timelines for credit availment prescribed as per Section 16(4), but is covered under the relaxed time limit prescribed for availment of ITC for the period 2017-18 to 2020-21 and for cases where returns are filed after revocation of registration.

-        The said orders may be rectified provided an appeal against the said Orders is not filed.

    Amendments in Rule 89 and Rule 96 of the CGST Rules and to provide clarification in respect of IGST refunds on exports where benefit of concessional/ exemption notifications specified under rule 96(10) of CGST Rules has been availed on the inputs

o   In cases where EOUs/ AA holders/ EPCG holders initially procured inputs by availing exemption and without payment of IGST and cess, but later on, paid the same with interest due to re-assessment of Bill of Entries, then such taxpayers shall be eligible to claim refund of GST paid on export of goods and/ or services and restriction enabled under 96(10) shall not apply in such cases.

o   Further, Rules 96(10), 89(4A) and 89(4B) to be omitted prospectively to simplify and expedite the procedure for refunds in respect of such exports.

  1. Other Proposals:

    B2C e-invoicing - GST council has proposed to roll out B2C e-Invoicing on pilot and voluntary basis, in few selected states and sectors, so as to enable retail customers to verify reporting of the invoices in GST returns.

    Invoice management system (IMS) and introduction of e-ledgers:

o   Few enhancements introduced on GST portal such as RCM ledger, ITC reclaim ledger – Taxpayers to be given opportunity to declare opening balance for these ledgers by 31 October 2024.

o   IMS functionality which was newly introduced and to be effective from 01 October 2024 will be an optional facility for taxpayers to reduce errors in claiming input tax credit and improve reconciliation.  This is expected to reduce notices due to ITC mismatches in returns.

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