GST
TRT-2025-
Date:-01-01-70
In:-
Issue Favourable to Tax Payer ?:-
Key Pointers –
- GST Council recommends nil rate for food preparation of millet flour in powder form and containing at least 70% millets by weight when sold in loose form, and 5% if sold in pre-packaged and labelled form.
- A 5% of GST will be applicable to Imitation zari thread made of metallised polyester/plastic (HS 5605), but no refund for polyester/plastic film inversion. If Foreign going vessels are converted to coastal run then 5% IGST will be levied. It has suggested exemption if reconverted in 6 months.
- GST on molasses are recommended to reduce from 28% to 5%. Rectified spirit for industrial use will cover under new HS code. An entry for ENA for industrial use attracting 18% GST will also be inserted. The GST Council has recommended to retain the existing exemption entries at Sl. No. 3 and 3A of notification No. 12/2017-CTR dated 28.06.2017 with no change.
- Services of water supply, public health, sanitation conservancy, solid waste management and slum improvement and upgradation supplied to Governmental Authorities will be exempted from GST. Job work services for processing of barley into malt will attracts GST @ 5%.
- Further bus operators organised as companies may be excluded from the purview of section 9(5) of CGST Act, 2017. This would enable them to pay GST on their supplies using their ITC. Supply of all goods and services by Indian Railways shall be taxed under Forward Charge Mechanism to enable them to avail ITC.
- In case of demand order under section 73 or 74 of CGST Act, 2017 passed on or before the 31st day of March, 2023, or appeal against the said order was rejected on the ground that the same was not filed within the time, it has been clarified that filing of appeal in such will be allowed till 31st January 2024, subject to payment of 12.5% of tax amount as pre-deposit.
- Further clarified that in case when the company has not paid any consideration to the director for or providing personal guarantee to the bank/ financial institutes, then no tax to be payable in respect of such supply of services. Sub-rule (2) in Rule 28 of CGST Rules, 2017, has been inserted to provide for taxable value of supply of corporate guarantee provided between related parties as one per cent of the amount of such guarantee offered, or the actual consideration, whichever is higher.
- Amendments in Rule 159(2) and FORM GST DRC-22 has made to provide that provisional attachment shall not be valid after expiry of one year from the date of the said order.
- GST Council also recommends amendments in conditions of appointment of President and Member of the proposed GST Appellate Tribunals regarding eligibility and age.
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