Why in news?
The 55th GST Council met under the Chairpersonship of Union Minister for Finance & Corporate Affairs Smt. Nirmala Sitharaman in Jaisalmer, Rajasthan.
Recommendations from the GST Council
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Goods:
- GST on Fortified Rice Kernel (FRK) reduced to 5%.
- Gene therapy exempted from GST.
- IGST exemption on imports of LRSAM System Components.
- Reduced Compensation Cess to 0.1% for merchant exporters.
- IGST exemption for IAEA samples and related equipment.
- 5% GST on food inputs for free distribution under government programs.
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Services:
- Sponsorship services brought under forward charge mechanism.
- Motor Vehicle Accident Fund contributions exempted for insurance companies.
- Changes in GST rates for restaurants in hotels based on accommodation value.
- GST exemption for insurance contributions for accident victims.
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Tax Clarifications & Changes:
- No GST on voucher transactions; agents’ commissions taxable.
- GST rate raised to 18% on used vehicles, including EVs.
- No GST on penal charges for loan non-compliance by banks and NBFCs.
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Compliance Measures:
- Track & Trace Mechanism for specified goods introduced.
- Reduced pre-deposit for penalty-only appeals from 25% to 10%.
Market Response
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Positive Response:
- GST Exemption on Agricultural Products: Exemptions for pepper and raisins are seen as a relief for farmers and agricultural stakeholders, simplifying taxation.
- Penalties on Banks and NBFCs: Clarity on penalties not being taxable is seen positively by the financial sector, removing regulatory uncertainty.
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Negative Response:
- Delayed GST Overhaul: Concerns over the delay in GST rate rationalization, particularly in insurance and real estate sectors, which impacts market sentiment.
- Impact on Life Insurance: Stagnation in addressing GST on life and health insurance products led to a sharp decline in new life insurance business in November 2024 as consumers delayed purchases in anticipation of tax cuts.
- Retroactive GST Decision on Real Estate: Reversal of input tax credits for real estate developers, especially for commercial real estate, creates uncertainty and undermines investor confidence.
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Concerns Over Complexity:
- Inconsistent Tax Rates: Continued complexity in the GST system, such as changes in popcorn tax, raises concerns for businesses, undermining the original goal of a "Good and Simple Tax."
- Impact on Investment & Consumption: Delays in GST rationalization are hurting investor confidence, which negatively affects consumption and private investments—key drivers of economic growth.
Way Forward
About GST Council
Article 279A
- Constitutional Basis: Article 279A was inserted by The Constitution (101st Amendment) Act, 2016, which deals with the Goods and Services Tax Council.
Formation
- Date: The GST Council was formed on 15th September 2016 by the 101st Constitution Amendment Act, 2016.
- Secretariat: An office of the GST Council Secretariat was established to assist the Council.
Composition
- Members: Consists of the Union Finance Minister and representatives from all States and Union Territories.
- Chairman: The Union Finance Minister heads the Council.
Functions
- Recommendations: Advises the Parliament on making or amending laws related to taxes on goods and services in India.
- Regulations: Acts as an apex body to modify, reconcile, or procure any law or regulation concerning the goods and services tax in India.
Quorum
- Clause 7 of Article 279A: One-half of the total number of Members of the GST Council constitutes the quorum at its meetings.
Voting Mechanism
- Clause 9 of Article 279A: Specifies the voting mechanism in GST Council meetings.
- Majority: Decisions are made by a majority of not less than three-fourths (75%) of the weighted votes of members present and voting.
- Central Government: Holds a weightage of one-third of the total votes cast.
- State Governments: Together hold a weightage of two-thirds of the total votes cast.
- Practical Veto of Centre: If the Centre opposes a proposal, the weighted vote cannot reach the required 75%, effectively giving the Centre a practical veto power.
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