The GST Council’s 45th meeting was held today on 17th September 2021 in Lucknow under the chairmanship of the Union Finance & Corporate Affairs Minister Smt. Nirmala Sitharaman. The GST Council has inter-alia made the following recommendations relating to changes in GST rates on supply of goods and services and changes related to GST law and procedure.
A. Extended concessions to specified drugs used in COVID treatment till December 31, 2021
a. Extension of existing concessional GST rates (currently valid till September 30, 2021) on following Covid-19 treatment drugs, up to December 31, 2021, namely-
i. Amphotericin B -nil
ii. Remdesivir – 5%
iii. Tocilizumab -nil
iv. Anti-coagulants like Heparin – 5%
b. Reduction of GST rate to 5% on more Covid-19 treatment drugs, up to December 31, 2021, namely-
i. Itolizumab
ii. Posaconazole
iii. Infliximab
iv. Favipiravir
v. Casirivimab & Imdevimab
vi. 2-Deoxy-D-Glucose
vii. Bamlanivimab & Etesevimab
B. GST rate changes in relation to Goods w.e.f. October 1, 2021 unless otherwise stated:
| S. No. | Description | From | To |
| GST rate changes | |||
| 1. | Retro fitment kits for vehicles used by the disabled | Appl. rate | 5% |
| 2. | Fortified Rice Kernels for schemes like ICDS etc. | 18% | 5% |
| 3. | Medicine Keytruda for treatment of cancer | 12% | 5% |
| 4. | Biodiesel supplied to OMCs for blending with Diesel | 12% | 5% |
| 5. | Ores and concentrates of metals such as iron, copper, aluminum, zinc and few others | 5% | 18% |
| 6. | Specified Renewable Energy Devices and parts | 5% | 12% |
| 7. | Cartons, boxes, bags, packing containers of paper etc. | 12%/18% | 18% |
| 8. | Waste and scrap of polyurethanes and other plastics | 5% | 18% |
| 9. | All kinds of pens | 12%/18% | 18% |
| 10. | Railway parts, locomotives & other goods in Chapter 86 | 12% | 18% |
| 11. | Miscellaneous goods of paper like cards, catalogue, printed material (Chapter 49 of tariff) | 12% | 18% |
| 12. | IGST on import of medicines for personal use, namelyi. Zolgensma for Spinal Muscular Atrophyii. Viltepso for Duchenne Muscular Dystrophyiii. Other medicines used in treatment of muscular atrophy recommended by Ministry of Health and Family Welfare and Department of Pharmaceuticals. | 12% | Nil |
| 13. | IGST exemption on goods supplied at Indo-Bangladesh Border haats | Appl. rate | Nil |
| 14. | Unintended waste generated during the production of fish meal except for Fish Oil | Nil (for the period July 01, 2017 to September 30, 2019) |
C. Major GST changes in relation to rates and scope of exemption on Services w.e.f October 1, 2021 unless otherwise stated
| No. | Description | From | To |
| 1. | Validity of GST exemption on transport of goods by vessel and air from India to outside India is extended upto September 30, 2022. | – | Nil |
| 2. | Services by way of grant of National Permit to goods carriages on payment of fee | 18% | Nil |
| 3. | Skill Training for which Government bears 75% or more of the expenditure [ presently exemption applies only if Govt funds 100%]. | 18% | Nil |
| 4. | Services related to AFC Women’s Asia Cup 2022. | 18% | Nil |
| 5. | Licensing services/ the right to broadcast and show original films, sound recordings, Radio and Television programmes [ to bring parity between distribution and licencing services] | 12% | 18% |
| 6. | Printing and reproduction services of recorded media where content is supplied by the publisher (to bring it on parity with Colour printing of images from film or digital media) | 12% | 18% |
| 7. | Exemption on leasing of rolling stock by IRFC to Indian Railways withdrawn. | ||
| 8. | E Commerce Operators are being made liable to pay tax on following services provided through them(i) transport of passengers, by any type of motor vehicles through it [w.e.f. January 01, 2022](ii) restaurant services provided through it with some exceptions [w.e.f. January 01, 2022] | ||
| 9. | Certain relaxations have been made in conditions relating to IGST exemption relating to import of goods on lease, where GST is paid on the lease amount, so as to allow this exemption even if (i) such goods are transferred to a new lessee in India upon expiry or termination of lease; and (ii) the lessor located in SEZ pays GST under forward charge. |
D. Clarification in relation to classification and GST rate on Goods:
| S. No. | Description | Chapter/ Heading | Rate |
| 1. | Pure henna powder and paste, having no additives | Chapter 14 | 5% |
| 2. | Brewers’ Spent Grain (BSG), Dried Distillers’ Grains with Soluble [DDGS] and other such residues | 2303 | 5% |
| 3. | All laboratory reagents and other goods | 3822 | 12% |
| 4. | Scented sweet supari and flavored and coated illachi | 2106 | 18% |
| 5. | Carbonated Fruit Beverages of Fruit Drink” and “Carbonated Beverages with Fruit Juice” | GST 28% and cess 12% | |
| 6. | Tamarind seeds for use other than sowing. Seeds for sowing will continue at nil rate. | 1209 | 5% (w.e.f. 1.10.2021) |
| 7. | Tamarind for sowing | 1209 | Nil |
| 8. | External batteries sold along with UPS Systems/ Inverter (other than lithium-ion battery) | – | 28% |
| 9. | UPS/inverter | – | 18% |
| 10. | All paper and paper board containers, whether corrugated or non-corrugated | 18% | |
| 11. | Fresh fruits | – | Nil |
| 12. | Dried fruits and Nuts (almonds, cashew etc.) | – | 5%/12% |
| 13. | All pharmaceutical goods | 3006 | 12% |
| 14. | GST on specified Renewable Energy Projects can be paid in terms of the 70:30 ratio for goods and services, respectively, during the period from July 1, 2017 to December 12, 2018, in the same manner as has been prescribed for the period on or after January 01, 2019 | ||
| 15. | Essentiality certificate issued by Directorate General of Hydrocarbons on imports would suffice; no need for taking a certificate every time on inter-state stock transfer. |
E. Other changes relating to GST rates on goods
a. Supply of mentha oil from unregistered person has been brought under reverse charge. Further, Council has also recommended that exports of Mentha oil should be allowed only against LUT and consequential refund of input tax credit.
b. Brick kilns would be brought under special composition scheme with threshold limit of Rs. 20 lakhs, with effect from April 1, 2022. Bricks would attract GST at the rate of 6% without ITC under the scheme. GST rate of 12% with ITC would otherwise apply to bricks.
F. Clarification in relation to GST rate on services
| S. No. | Description | Rate |
| 1. | Coaching services to students provided by coaching institutions and NGOs under the central sector scheme of ‘Scholarships for students with Disabilities” | Exempt |
| 2. | Services by cloud kitchens/central kitchens are covered under ‘restaurant service’ | 5% (without GST) |
| 3. | Ice cream parlor sells already manufactured ice- cream. Such supply of ice cream by parlors | 18% |
| 4. | Overloading charges at toll plaza being akin to toll | Exempt |
| 5. | The services by way of grant of mineral exploration and mining rights | 18% w.e.f. 1.7.2017 |
| 6. | Admission to amusement parks having rides etc. | 18% |
| 7. | Admission to such facilities that have casinos etc. only | 28% |
| 8. | Alcoholic liquor for human consumption is not food and food products for the purpose of the entry prescribing 5% GST rate on job work services in relation to food and food products. | |
| 9. | The renting of vehicle by State Transport Undertakings and Local Authorities is covered by expression ‘giving on hire’ for the purposes of GST exemption |
G. Compensation Cess
Revenue collections from Compensation Cess in the period beyond June 2022 till April 2026 would be exhausted in repayment of borrowings and debt servicing made to bridge the gap in 2020-21 and 2021-22.
In this context various options, as have been recommended by various committees/ forums were presented. The Council deliberated at length on the issue. The Council decided to set up a GoM to examine the issue of correction of inverted duty structure for major sectors; rationalize the rates and review exemptions from the point of view of revenue augmentation, from GST.
It was also decided to set up a GoM to discuss ways and means of using technology to further improve compliance including monitoring through improved e-way bill systems, e-invoices, FASTag data and strengthening the institutional mechanism for sharing of intelligence and coordinated enforcement actions by the Centre and the States.
H. Relaxation in the requirement of filing FORM GST ITC-04
Requirement of filing FORM GST ITC-04 under Rule 45(3) of the CGST Rules, 2017 has been relaxed as under:
a. Taxpayers whose annual aggregate turnover in preceding financial year is above Rs. 5 crores shall furnish ITC-04 once in 6 months;
b. Taxpayers whose annual aggregate turnover in preceding financial year is upto Rs. 5 crores shall furnish ITC-04 annually.
I. Interest is to be charged only in respect of net cash liability
Section 50(3) of the CGST Act, 2017 to be amended retrospectively, w.e.f. July 01, 2017, to provide that interest is to be paid by a taxpayer on “ineligible ITC availed and utilized” and not on “ineligible ITC availed”. It has also been decided that interest in such cases should be charged on ineligible ITC availed and utilized at 18% w.e.f. July 01, 2017.
J. Unutilized balance in CGST and IGST cash ledger may be allowed to be transferred between distinct persons (entities having same PAN but registered in different states), without going through the refund procedure, subject to certain safeguards
K. Circular to be issued on following to remove ambiguities and legal issues
a. Clarification on scope of “intermediary services”;
b. Clarification relating to interpretation of the term “merely establishment of distinct person” in Section 2(6)(v) of the IGST Act, 2017 for export of services.A person incorporated in India under the Companies Act, 2013 and a person incorporated under the laws of any other country are to be treated as separate legal entities and would not be barred by the condition (v) of the Section 2(6) of the IGST Act, 2017 for considering a supply of service as export of services;
c. Date of issuance of debit note–W.e.f. January 01, 2021, the date of issuance of debit note (and not the date of underlying invoice) shall determine the relevant financial year for the purpose of Section 16(4) of CGST Act, 2017;
d. There is no need to carry the physical copy of tax invoice in cases where invoice has been generated by the supplier in the manner prescribed under Rule 48(4) of the CGST Rules, 2017;
e. Clarification on restriction imposed under Section 54(3) of CGST Act, 2017– Only those goods which are actually subjected to export duty i.e., on which some export duty has to be paid at the time of export, will be covered under the restriction imposed under Section 54(3) of CGST Act, 2017 from availment of refund of accumulated ITC
f. Provision to be incorporated in in CGST Rules, 2017 for removing ambiguity regarding procedure and time limit for filing refund of tax wrongfully paid as specified in Section 77(1) of the CGST/SGST Act, 2017 and Section 19(1) of the IGST Act, 2017
L. Measures for streamlining compliances in GST
a. Aadhaar authentication of registration to be made mandatory for being eligible for filing refund claim and application for revocation of cancellation of registration.
b. Late fee for delayed filing of FORM GSTR-1 to be auto-populated and collected in next open return in FORM GSTR-3B.
c. Refund to be disbursed in the bank account, which is linked with same PAN on which registration has been obtained under GST.
d. Rule 59(6) of the CGST Rules to be amended with effect from January 01, 2022 to provide that a registered person shall not be allowed to furnish FORM GSTR-1, if he has not furnished the return in FORM GSTR-3B for the preceding month.
e. Rule 36(4) of CGST Rules, 2017 to be amended, once the proposed Section 16(2)(aa) of CGST Act, 2017 is notified, to restrict availment of ITC in respect of invoices/ debit notes, to the extent the details of such invoices/ debit notes are furnished by the supplier in FORM GSTR-1/ IFF and are communicated to the registered person in FORM GSTR-2B.
M. Inclusion of petrol and diesel under GST discussed & deferred
In terms of the recent directions of the Hon’ble High Court of Kerala, the issue of whether specified petroleum products should be brought within the ambit of GST was placed for consideration before the Council. After due deliberation, the Council was of the view that it is not appropriate to do so at this stage.
N. GST Council has also recommended amendments in certain provisions of the Act and Rules.
Source: Press Release
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Frah Saeed is a law graduate specializing in the core field of indirect taxes and is the Co-founder of taxwallah.com. She has authored many publications on GST and is into full-time consultancy on GST to big corporates. She as a part of taxwallah.com heads a team comprising of Chartered Accountants and Advocates and plays a key role in our mission to disseminate GST knowledge to all.
