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Key Outcomes and Rate Adjustments from the 23rd GST Council Meeting

The 23rd GST Council meeting introduced a range of significant updates effective from November 15, 2017. Key changes included an increased turnover limit for the Composition Scheme and a reduced 1% GST rate for eligible manufacturers and traders. The Council also simplified GSTR compliance, extended various filing deadlines, and exempted certain service providers from registration. Additionally, GST rates were revised for numerous goods and restaurant services, impacting input tax credit availability.

📖 4 min read read🏷️ GST Council, Compliance, Rates

The 23rd Goods and Services Tax (GST) Council convened on November 10, 2017, announcing significant changes based on its press release. These amendments were set to take effect from November 15, 2017, with some modifications awaiting official notification, indicated by an asterisk (*). Further details are available for download here.

Amendments to the Composition Scheme

Several adjustments were introduced for the Composition Scheme: * The turnover limit for eligibility was proposed to increase to Rs 1.5 crore, with a potential future extension to Rs 2 crore*. * A reduced GST rate of 1% was set for manufacturers and traders*. * This 1% composition tax applies only to the turnover of taxable goods, excluding exempted goods*. * Businesses offering both goods and services are eligible if their service component does not exceed Rs 5 lakhs in total*. * The deadline for filing Composition Returns (GSTR-4) for the July to September period was extended to December 24, 2017. * Composition dealers are restricted from engaging in inter-state sales and cannot claim input tax benefits.

Simplification of GSTR Compliance

Measures were implemented to simplify GSTR compliance for businesses: * All entities are required to file GSTR-1 and GSTR-3B until March 2018. * A Committee of Officers will subsequently determine the filing dates for GSTR-2 and GSTR-3 for the period of July 2017 to March 2018. * Businesses with an annual turnover below Rs 1.5 crore must file GSTR-1 quarterly. * Businesses exceeding Rs 1.5 crore in turnover are required to file GSTR-1 monthly. * All businesses must submit GSTR-3B by the 20th of the following month, applicable until March 2018.

Revised GSTR-1 Filing Deadlines

The due dates for GSTR-1 submissions were revised based on turnover:

For Businesses with Turnover up to Rs 1.5 Crore (Quarterly Filing):

PeriodDue Dates
July - SeptemberDecember 31, 2017
October - DecemberFebruary 15, 2018
January - MarchApril 30, 2018

For Businesses with Turnover exceeding Rs 1.5 Crore (Monthly Filing):

MonthDates
July to OctoberDecember 31, 2017
NovemberJanuary 10, 2018
DecemberFebruary 10, 2018
JanuaryMarch 10, 2018
FebruaryApril 10, 2018
MarchMay 10, 2018

Exemptions for Service Providers

Service providers with an annual turnover up to Rs 20 lakhs were exempted from GST registration requirements. This exemption applies even to those involved in inter-state supplies or transactions through e-commerce operators.

Impact on Restaurants

Restaurants faced new regulations: * The GST rate for restaurants was reduced to 5%, but this came with the condition of no input tax credit. * For restaurants located within hotels where the room tariff is less than Rs 7,500, the GST rate is 5%, with no ITC allowed on inward supplies. * For restaurants in hotels with room tariffs exceeding Rs 7,500, the GST rate is 18%, and input tax credit on inward supplies can be claimed. * Outdoor catering services continue to be taxed at 18%, with the benefit of input tax credit on inward supplies.

Additional Taxpayer Relief Measures

Several other relief provisions were introduced: * Regular taxpayers are not required to pay GST on advances received for the supply of goods. * Reduced Late Fees: The late fee for delayed filing of NIL tax GSTR-3B was cut from Rs 200 to Rs 20 per day. Other taxpayers are now liable for a late fee of Rs 50 per day for GSTR-3B delays. * Late Fee Credit: Late fees previously paid for GSTR-3B for July, August, and September were waived. Any such fees already paid would be credited back to the Electronic Cash Ledger under 'Tax' and could be used for future GST payments. * A manual filing process for Advance Ruling applications was to be introduced. * Export of services to Nepal and Bhutan became exempt from GST. * Exporters of services to Nepal and Bhutan were also allowed to claim a refund of any input tax credit paid*. * TRAN-1 forms could be filed and revised only once until December 31, 2017*. * The Committee of Officers was tasked with determining the specific timelines for filing GSTR-2 and GSTR-3 for July to March 2018, ensuring that this would not affect subsequent GSTR-1 filings.

Further GSTR Filing Extensions

Additional extensions for various GSTR filings were announced:

Return TypeRevised Due DateOld Due Date
GSTR-4 (Composition Dealers)December 24, 2017November 15, 2017
GSTR-5 (July to October)December 11, 2017Earlier of August 20, 2017, or 7 days from registration
GSTR-5A (July to October)December 15, 2017November 20, 2017
GSTR-6 (July 2017)December 31, 2017August 13, 2017
ITC-04 (Job Work) for Jul-Sep QuarterDecember 31, 2017October 25, 2017

GST Rate Revisions

A number of GST rate changes were implemented: * Manufacturers and traders under the composition scheme were subject to a 1% GST rate*. * Items like shampoo, perfume, tiles, and watches saw their GST rate reduced from 28% to 18%, effective November 15, 2017. * Wet grinders and tanks had their rates lowered from 28% to 12%. * Condensed milk, refined sugar, and diabetic food products were reduced from 18% to 12%. * Desiccated coconut, idli/dosa batter, and coir products saw rates decrease from 12% to 5%. * Duar meal, khandsari sugar, and dried vegetables were moved from 5% to Nil GST.

Frequently Asked Questions

What is the current threshold for GST registration in India?
The current threshold for mandatory GST registration varies by state and type of supply, generally being Rs 20 lakh (for services) or Rs 40 lakh (for goods) for most states, with special category states having lower thresholds like Rs 10 lakh or Rs 20 lakh.
How does the Composition Scheme benefit small businesses under GST?
The Composition Scheme offers simplified GST compliance for small taxpayers by allowing them to pay a fixed percentage of their turnover as GST, thereby reducing the burden of detailed record-keeping and return filing. However, they cannot claim Input Tax Credit.
What is Input Tax Credit (ITC) and how does it work in the GST regime?
Input Tax Credit (ITC) is the credit a taxpayer receives for the GST paid on purchases of goods and services used for business. This credit can then be utilized to offset the GST liability on their outward supplies, preventing the cascading effect of taxes.
What are the different types of GST (CGST, SGST, IGST, UTGST) and when are they applicable?
CGST (Central GST) and SGST (State GST) are levied on intra-state supplies, while IGST (Integrated GST) is levied on inter-state supplies and imports. UTGST (Union Territory GST) is applicable in Union Territories without a legislature, replacing SGST. Each applies depending on whether the transaction is within a state/UT or between states/UTs.
What are the consequences of late filing of GST returns in India?
Late filing of GST returns in India incurs late fees and interest. Late fees for GSTR-3B can be up to Rs 50 per day (Rs 20 for NIL returns), capped at a certain amount, while interest is charged at 18% per annum on the outstanding tax liability from the due date until the actual payment date.
What are the changes to the composition scheme introduced in the 23rd GST Council Meet?
The 23rd GST Council Meet increased the composition scheme limit to Rs 1.5 crore, set a 1% GST rate for manufacturers and traders on taxable goods turnover, and made those supplying goods and services (services not exceeding Rs 5 lakhs) eligible.
How were GSTR filing compliances simplified after the 23rd GST Council Meeting?
The council decided that all businesses would file GSTR-1 and GSTR-3B until March 2018. GSTR-1 filing was made quarterly for turnover up to Rs 1.5 crore and monthly for turnover above Rs 1.5 crore. GSTR-2 and GSTR-3 dates were to be worked out later.
What relief measures were provided to service providers in the 23rd GST Council Meet?
Service providers with a turnover up to Rs 20 lakhs were exempted from GST registration, even if they supplied inter-state or through e-commerce operators.
How did the GST rate changes affect restaurants after the 23rd GST Council Meet?
The GST rate for restaurants was reduced to 5% without input tax credit. Specific rates were set for restaurants within hotels based on room tariff (5% without ITC for tariffs less than Rs 7,500, 18% with ITC for tariffs greater than Rs 7,500), while outdoor catering remained at 18% with ITC.
Were there any reductions in late fees for GST returns following the 23rd GST Council Meeting?
Yes, late fees for delayed NIL tax GSTR-3B filing were reduced from Rs 200 to Rs 20 per day. For other taxpayers, it was set at Rs 50 per day for GSTR-3B delays. Additionally, late fees paid for GSTR-3B for July, August, and September were waived and credited back.