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CA Pradeep Jha
Summary of Decisions Taken in the 53rd GST Council Meeting
The 53rd GST Council Meeting, held in New Delhi, led to several significant decisions aimed at improving the GST framework and addressing various operational issues. Here is a summary of the key decisions:
1. Biometric Authentication for GST Registration:
- Nationwide biometric authentication using Aadhaar will be mandatory for new GST registrations to combat fake invoicing and fraudulent input tax credit claims.
2. Tax Exemptions on Railway Services:
- Services provided by Indian Railways, including the sale of platform tickets, retiring rooms, waiting rooms, cloakroom facilities, and battery-operated car services, are now exempt from GST.
3. Retrospective Amendments to Input Tax Credit (ITC) Timelines:
- The timelines for availing input tax credit under section 16(4) of the CGST Act have been retrospectively amended for financial years 2017-18 to 2020-21.
4. Uniform GST Rates:
- A uniform GST rate of 12% has been prescribed for all types of milk cans and carton boxes, regardless of material or use, benefiting sectors like apple growers in Himachal Pradesh and Jammu and Kashmir.
- A uniform GST rate of 12% has also been set for all types of sprinklers, including fire and water sprinklers.
5. Hostel Accommodation:
- Services by way of hostel accommodation outside educational institutions are exempted from GST, up to Rs 20,000 per person per month.
6. Waiver of Interest and Penalty:
- Waiver of interest and penalty on tax demand notices under section 73 for FY 2017-18 to 2019-20, applicable where tax is fully paid by March 2025.
7. Extension of Time Limits and Other Procedural Changes:
- The deadline to file GSTR-4 has been extended until June 30.
- Insertion of functionality for adding particulars of the current tax period in case they were missed in reporting via form GSTR-1A.
- The monetary limit for filing appeals by the tax department has been set at Rs 20 lakh for GSTAT, Rs 1 crore for High Court, and Rs 2 crore for the Supreme Court.
- The maximum pre-deposit amount for filing appeals before the appellate authority has been reduced from Rs 25 crore to Rs 20 crore each for CGST and SGST.
- Pre-deposit for filing appeals before the tribunal reduced to 20% and Rs 20 crore each for CGST and SGST.
- Amendment in law to provide that the time limit for filing an appeal before the tribunal starts from the date the government notifies GSTAT.
8. Referral to Group of Ministers:
- The recommendation to exempt the fertilizer sector from the current 5% GST rate has been referred to the Group of Ministers on rate rationalization.
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