53rd Goods and Services Tax (GST) Council Meeting

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53rd Goods and Services Tax (GST) Council Meeting
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53rd Goods and Services Tax (GST) Council Meeting

Context:

The GST Council convened after nearly nine months and deliberated on clarifications, tweaks, forbearances, and procedural changes based on industry feedback.

 

Key Decisions and Reforms:

  • Tax Relief and Exemptions: Exempted hostel accommodation up to ₹20,000/month and railway passenger services from GST.
    • Uniform 12% GST rate approved for packing cartons, milk cans, and solar cookers.
  • Taxpayer Benefits: Waived interest and penalties on GST dues for the first three years if paid by March 2025.
    • Reduced pre-deposits for filing appeals, including those with upcoming GST Appellate Tribunals.
    • Introduced a new form for correcting errors in previous returns.
  • Structural Reforms: Ended the anti-profiteering clause to ease industry compliance.
    • Mandated biometric-based Aadhaar authentication for GST registrations nationwide in phases to streamline processes and prevent fraud.

 

 

GST Council’s Recommendation: Biometric-based Aadhaar Authentication

  • It aims to combat fraudulent Input Tax Credit (ITC) claims through fake invoices and formalise measures against GST fraud observed since the introduction of the GST regime.
      • ITC claims are a means to reduce tax liability by indemnifying the tax already paid on inputs for the tax liability computed on the output. 
  • Fake Invoices are used to falsely claim ITC without actual supply of goods or services. 
  • Methods used to commit fraud identified by Central Board of Indirect Taxes and Customs (CBIC):
      • Direct use of invoices without receipt of goods/services
      • Diversion of goods to entities unrelated to output production
      • Circular invoicing through shell/dummy companies to inflate turnover
  • Impact and Motive of Fraud:
    • Financial Impact: 29,273 bogus firms were detected evading Rs 44,015 crore in ITC, leading to Rs 4,646 crore in savings.
    • Other Motives: Facilitates money laundering, inflates turnover for financial benefits and tax evasion. 

 

About GST Council: 

  • Nationwide GST was proposed by the Kelkar Task Force on Indirect Taxes in 2000. 
  • It was formed to simplify India’s tax structure by replacing multiple Centre and state taxes with a unified Goods and Services Tax.
  • It is a constitutional body, empowered by the 101st Amendment Act of 2016, under Article 279A.
  • Composition:
    • Chairman: The Union Finance Minister
    • Members: The Union Minister of State Finance and each state nominates its finance or taxation minister or another minister as a member.
    • Functions: 
      • Recommends on GST-related issues like taxable goods/services, exemptions, model laws, and tax rates.
      • Determines GST rate slabs and considers special rates during natural disasters or for specific states.
  • Decision-Making Process: Decisions require a three-fourths majority of weighted votes of members present and voting.
    • The Central Government’s vote holds one-third weight, while all state governments combined carry two-thirds weight.
    • This collective weighting promotes the essence of cooperative federalism.
    • The Constitution mandates that one-half of the total GST Council members must be present to constitute a quorum.
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