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Understanding Key Decisions from the 39th GST Council Meeting

The 39th GST Council meeting, held in March 2020, resulted in several significant policy updates for India's Goods and Services Tax system. Key decisions included deferring the new GST return and e-invoicing systems, adjusting GST rates for mobile phones and MRO services, and implementing retrospective interest calculation for delayed payments. The Council also extended GSTR-9 and 9C deadlines, introduced the 'Know Your Supplier' scheme, and approved various other measures to streamline compliance and enhance the GST framework.

📖 7 min read read🏷️ GST Council Meetings

The 39th GST Council meeting, held on Saturday, March 14, 2020, in New Delhi, was chaired by Union Finance Minister Nirmala Sitharaman. During this session, important decisions were made regarding various critical Goods and Services Tax (GST) matters.

Key Outcomes of the 39th GST Council Meeting

Postponement of New GST Return System and E-Invoicing Rollout

The implementation of the new GST return system has been deferred until October 1, 2020. Similarly, the introduction of e-invoicing and the associated QR code mechanism has also been postponed to the same date. The existing return filing system, which includes GSTR-1, GSTR-2A, and GSTR-3B, will remain in effect until September 2020.

Adjustments to GST Rates

  • Mobile Phones and Components: The GST rate on mobile phones and their specified parts was increased from 12% to 18%. This adjustment aimed to resolve challenges arising from an inverted duty structure.
  • Matches: A uniform GST rate of 12% was established for all types of matches. Previously, handmade matches were taxed at 5%, while others were subject to an 18% rate.
  • Aircraft MRO Services: The GST on Maintenance, Repair, and Overhaul (MRO) services for aircraft was reduced from 18% to 5%, with the full input tax credit (ITC) available.
  • These revised rates took effect on April 1, 2020.

Interest on Delayed Tax Payments

Interest charges for delayed GST payments will now be calculated based on the net tax liability. This change applies retrospectively from July 1, 2017.

Extension for GSTR-9 and 9C Filings

The deadline for filing GSTR-9 (Annual Return) and GSTR-9C (Reconciliation Statement) for Financial Year 2018-19 was extended to June 30, 2020. Additionally, the mandatory annual return filing turnover limit was raised from Rs 2 crore to Rs 5 crore. Consequently, filing GSTR-9C became optional for taxpayers with a turnover below Rs 5 crore. Taxpayers with an aggregate annual turnover under Rs 2 crore for FY 2017-18 and FY 2018-19 are exempt from late fees for delayed GSTR-9 filing.

Introduction of "Know Your Supplier" Scheme

A new initiative, "Know Your Supplier," was introduced to provide taxpayers with essential information about their transactional or prospective business partners.

Due Date Waivers and Extensions

The GSTR-1 filing requirement for 2019-20 was waived for specific taxpayers who could not opt for the special composition scheme. For businesses in the Union Territory of Ladakh, the GSTR-3B due date for July 2019 to January 2020 was extended until March 24, 2020. Similar extensions were recommended for GSTR-1 and GSTR-7 forms.

Amendment to Cancellation Revocation

Taxpayers whose GST registration was canceled by March 14, 2020, were allowed to apply for revocation of cancellation until June 30, 2020. This one-time measure aimed to assist businesses wishing to resume operations.

Other Key Decisions

  • GST IT Systems: Mr. Nandan Nilekani, Chairman of Infosys, is scheduled to present updates on the GST IT systems at the subsequent three GST Council meetings.
  • E-Wallet Scheme: The deadline for finalizing the e-Wallet scheme for consumers was extended to March 31, 2021.
  • Insolvency Proceedings: A special GST procedure was outlined for GST-registered corporate entities undergoing insolvency or resolution procedures under the IBC Code, 2016.
  • Union Territory Merger: A transition plan, valid until May 31, 2020, was established for taxpayers in Dadra and Nagar Haveli & Daman and Diu following their merger in January 2020.
  • Refund Claims: Refund claims for exporters will now be processed in bulk.
  • Import Exemptions: Existing IGST and cess exemptions on imports made under AA/EPCG/EOU schemes will continue until March 31, 2021.

Live Updates and News from March 14, 2020

Important staggering of GSTR-1 filing was decided:

  • Taxpayers with turnover over Rs 1.5 crore: to file by the 10th of the following month.
  • Taxpayers with turnover up to Rs 1.5 crore: to file by the 13th of the following month.

GSTR-2A can be generated by the 14th of the following month.

  • 6:20 p.m.: Interest for delayed GST payment will be calculated on net tax liability, effective retrospectively from July 1, 2017.
  • 6:15 p.m.: The GST meeting concluded with the Union FM's press conference.
  • 5:50 p.m.: The GST Council postponed the decision regarding the taxability of the economic surplus of alcohol brand owners.
  • 5:40 p.m.: The Council confirmed the continuation of GSTR-1, GSTR-2A, and GSTR-3B until September 2020, delaying the new GST return system further.
  • 5:20 p.m.: Significant announcement: GSTR-9 and 9C due date for FY 2018-19 extended to June 30, 2020, from March 31, 2020. The turnover limit for mandatory annual return filing increased from Rs 2 crore to Rs 5 crore.
  • 4:45 p.m.: The GST Council may remove input tax credit (ITC) blocking for taxpayers who opt for a lower 5% output GST rate.
  • 4:20 p.m.: GST rate on mobile phones increased from 12% to 18%, allowing full input tax credit. Relief was extended to domestic maintenance, repair, and operations service providers.
  • 4:00 p.m.: GST rate rationalization was deferred to the next meeting, scheduled for April 2020.
  • 3:45 p.m.: The GST Council announced e-way bill-FASTag integration to be effective from April 2020.
  • 1:30 p.m.: The Union FM is likely to defer the issue of states’ compensation to the next meeting in April 2020, reassuring states of full compensation cess payment.
  • 12:30 p.m.: Infosys requested a year until January 2021 to ensure smooth functioning of GST's IT systems. Infosys Chairman Nandan Nilekani will attend the next three GST Council meetings.
  • 12:15 p.m.: Shri Sushil Kumar Modi delivered a presentation on current IT challenges faced by taxpayers.
  • 11:20 a.m.: The meeting was underway, chaired by Union FM Nirmala Sitharaman, with State FMs present.
  • 11:15 a.m.: The 39th GST Council Meeting commenced.

Expectations Prior to the 39th GST Council Meeting

Anticipated Deferment of E-Invoicing System

Given that e-invoicing preparations seemed incomplete, it was anticipated that the GST Council would extend its implementation date by three months, potentially to July 1, 2020, instead of the original April 1, 2020. More time was expected to allow GSTN to deliver enhanced solutions.

Uncertainty Surrounding New GST Return System in April 2020

As of early March 2020, taxpayers encountered numerous technical issues on the GST portal, prompting GSTN to grant Infosys a two-week period for rectification. With an immediate focus on stabilizing the current GST return system by March 2020 and prioritizing annual GST return filings until March 31, 2020, speculations arose that the new GST return system might be further delayed by one or two months. Simultaneously, the CBIC and tax officers were increasingly concerned about tax evasions and actively exploring preventative measures.

Resolution of Interest Anomaly on Delayed GST Payments

While the interest charge for delayed GST payments had shifted to net liability (from gross liability), its prospective application caused dissatisfaction among many tax professionals and small taxpayers. They advocated for this change to be applied retrospectively from July 2017.

Relaxation of Penalties for FY 2017-18 and FY 2018-19 Notices

Multiple instances of GST notices being issued for incorrect tax credit claims and non-payment of interest on delayed GST payments were observed, sometimes without considering extended due dates from previous periods. Recognizing that the initial two years of GST were often unstable for taxpayers, relief through penalty or late fee reductions was expected to help them prepare for improved future compliance.

Speculated GST Rate Structure Changes and Hikes

It was rumored from the previous GST Council meeting that the five-slab structure might be simplified to three slabs through a significant rate overhaul. This included predictions of a hike in the 5% tax rate to 9-10% and the elimination of the 12% tax rate. A revenue augmentation committee had been established to explore ways to increase GST collections. Additionally, some previously exempted or nil-rated items were expected to re-enter the tax net.

The GST Council had already begun addressing inverted tax structures in specific sectors. For example, in the 38th GST Council meeting, GST on woven and non-woven bags increased from 12% to 18%. While more items like mobiles, textiles, solar modules, railway locomotives, fertilizers, and steel utensils (with output tax rates between 5-12%) were expected to undergo rate corrections, major rate changes were not anticipated in the immediate scenario.

Miscellaneous Expectations

States were expected to press the central government for a resolution on compensation matters, likely demanding full compensation for the fiscal year, which implied lengthy discussions. The GST Council was also slated to discuss measures to reinforce the GST system against tax evasions. The previous GST Council meeting, held on December 18, 2019, had notably deferred GSTR-9 and 9C for the initial two years of GST. This meeting was under close scrutiny, with addressing taxpayer concerns being a top priority.

Frequently Asked Questions

What is the purpose of the GST Council meetings?
The GST Council is the governing body for GST in India, responsible for making recommendations to the Union and State governments on all matters related to GST, including rates, rules, and procedures.
How are GST rates decided or changed in India?
GST rates are determined by the GST Council, which comprises the Union Finance Minister and state finance ministers. Any changes require a recommendation from the Council, typically based on consensus.
What is an inverted duty structure in GST and why is it a concern?
An inverted duty structure occurs when the GST rate on inputs purchased is higher than the GST rate on the finished product sold. This can lead to an accumulation of input tax credit, causing cash flow issues for businesses.
What is the significance of the GSTR-9 and GSTR-9C forms?
GSTR-9 is the annual return that all registered taxpayers (except certain categories) must file, summarizing their outward and inward supplies. GSTR-9C is an annual reconciliation statement, mandatory for taxpayers above a certain turnover, requiring reconciliation of annual returns with audited financial statements.
What does "Input Tax Credit (ITC)" mean under GST?
Input Tax Credit (ITC) allows taxpayers to claim credit for the GST paid on their 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.

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