Solutions by GST Council on the difficulties faced by Trade & Industries

Solutions by GST Council on the difficulties faced by Trade & Industries: 28th GST Council Meeting was held on 21st July 2018 under the chairmanship of Hon. Finance Minister Shri Piyush Goyal and following major decisions were taken:

1. It would be noted that multiple reliefs from GST taxation have been provided to following categories of services –

  • (i) Agriculture, farming and food processing industry,
  • (ii) Education, training and skill development,
  • (iii) Pension, social security and old age support.

2. Hotel industry has been given major relief by providing that the rate of tax on accommodation service shall be based on transaction value instead of declared tariff.

3. Services provided in sectors like banking, IT have been provided relief by exempting services supplied by an establishment of a person in India to any establishment of that person outside India [related party].

4. As a green initiative, GST on supply of e-books has been reduced from 18 to 5%.

5. The major recommendations w.r.t. change in Law are as detailed below:

  • Upper limit of turnover for opting for composition scheme to be raised from Rs. 1 crore to Rs. 1.5 crore. Present limit of turnover can now be raised on the recommendations of the Council.
  • Composition dealers to be allowed to supply services (other than restaurant services), for upto a value not exceeding 10% of turnover in the preceding financial year, or Rs. 5 lakhs, whichever is higher.
  • Levy of GST on reverse charge mechanism on receipt of supplies from unregistered suppliers, to be applicable to only specified goods in case of certain notified classes of registered persons, on the recommendations of the GST Council.
  • The threshold exemption limit for registration in the States of Assam, Arunachal Pradesh, Himachal Pradesh, Meghalaya, Sikkim and Uttarakhand to be increased to Rs. 20 Lakhs from Rs. 10 Lakhs.
  • Taxpayers may opt for multiple registrations within a State/Union territory in respect of multiple places of business located within the same State/Union territory.
  • Mandatory registration is required for only those ecommerce operators who are required to collect tax at source.
  • Registration to remain temporarily suspended while cancellation of registration is under process, so that the taxpayer is relieved of continued compliance under the law.

The following transactions to be treated as no supply (no tax payable) under Schedule III:

  • a. Supply of goods from a place in the non-taxable territory to another place in the non-taxable territory without such goods entering into India;
  • b. Supply of warehoused goods to any person before clearance for home consumption; and
  • c. Supply of goods in case of high sea sales.

Scope of input tax credit is being widened, and it would now be made available in respect of the following:

  • a. Most of the activities or transactions specified in Schedule III;
  • b. Motor vehicles for transportation of persons having seating capacity of more than thirteen (including driver), vessels and aircraft;
  • c. Motor vehicles for transportation of money for or by a banking company or financial institution;
  • d. Services of general insurance, repair and maintenance in respect of motor vehicles, vessels and aircraft on which credit is available; and
  • e. Goods or services which are obligatory for an employer to provide to its employees, under any law for the time being in force.

In case the recipient fails to pay the due amount to the supplier within 180 days from the date of issue of invoice, the input tax credit availed by the recipient will be reversed, but liability to pay interest is being done away with.

Registered persons may issue consolidated credit/debit notes in respect of multiple invoices issued in a Financial Year.

Amount of pre-deposit payable for filing of appeal before the Appellate Authority and the Appellate Tribunal to be capped at Rs. 25 Crores and Rs. 50 Crores, respectively.

Commissioner to be empowered to extend the time limit for return of inputs and capital sent on job work, upto a period of one year and two years, respectively.

Supply of services to qualify as exports, even if payment is received in Indian Rupees, where permitted by the RBI.

Place of supply in case of job work of any treatment or process done on goods temporarily imported into India and then exported without putting them to any other use in India, to be outside India.

Recovery can be made from distinct persons, even if present in different State/Union territories.

The order of cross-utilisation of input tax credit is being rationalised.

6. It has also been decided to waive the late fee payable for delayed filing of return in such cases. Such taxpayers are required to first file the returns on payment of late fees, and the waiver will be effected by way of reversal of the amount paid as late fees in the cash ledger under the tax head.

7. GST Rates have been rationalized and majority items having the GST rate @28% has been brought down to 18%

Changes in the law will take place to CGST Amendment Bill & IGST Amendment Bill in the parliament and SGST Bill in the respective state assembly