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55th GST Council Decisions and Market Response

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

  • 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.
  • 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.
  • 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.
  • Compliance Measures:

    • Track & Trace Mechanism for specified goods introduced.
    • Reduced pre-deposit for penalty-only appeals from 25% to 10%.

Market Response

  • 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.
  • 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.
  • 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

  • Expedite GST Rate Rationalization: Urgent overhaul of GST rates in sectors like insurance and real estate to boost clarity and consumer spending.

  • Clear Communication: Ensure consistent and transparent communication on GST exemptions and penalties to foster a stable business environment.
  • Simplify the Tax Structure: Streamline the tax system by addressing excessive tax slabs to meet the initial promise of a "Good and Simple Tax."
  • Policy Stability: Establish consistent tax policies to encourage domestic and foreign investments, providing much-needed economic stability.

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.
*The article might have information for the previous academic years, please refer the official website of the exam.
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