Chaired by the Union Finance Minister, Smt. Nirmala Sitharaman, the 39th GST Council meeting took place on March 14th, 2020. Several crucial issues were discussed in the meeting and decisions were made. Mr. Anurag Thakur, Union Minister of State for Finance and Corporate Affairs with Finance Ministers of States and Union Territories, and other senior officers of the Finance Ministry were also part of the Council.
Some serious issues were discussed in the 39th GST Council meeting- the extension of 9C and GSTR 9, modifications in GST rates of some commodities, and “Know your supplier” were a few major decisions that took place in the 39th GST Council meeting.
Expectations from the 39th GST Council Meeting
The 38th GST Council meeting was very crucial for the efficient regulation of GST laws. Considering the 38th GST Council as the base, stakeholders had the following expectations from the 39th GST Council meeting:-
The Decision to Postpone The E-Invoicing System’s Application
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Implementation of New GST Return System
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Interest paid on overdue GST payments must end
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Lowering the fines for the notices pertaining to FY 2017–18 and FY 2018–19
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Changes to the GST rate structure
Updates From the 39th GST Council
| 4:20 PM | The rate of GST shall rise from 12% to 18% for mobile phones, enabling complete impact tax credit limits. Domestic service providers offering maintenance, repair, and operations services would also benefit from this. |
| 4:45 PM | The GST Council has the authority to lift the restriction on the Input Tax Credit (ITC) for taxpayers who want to pay output GST at a rate as low as 5%. |
| 5:20 PM | An important announcement was made regarding the deadline for GSTR-9 and 9C for FY 2018-19, being extended from March 31, 2020, to June 30, 2020. The obligatory annual return filing limit was raised from Rs 2 cr to Rs 5 cr. |
| 5:40 P.m. | The GST Council decided to postpone the implementation of the revised GST return system until September 2020 and proceed with GSTR-1, GSTR-2A, and GSTR-3B until then. |
| 5:50 PM | The recommendation on the taxability of brand owners’ surplus revenue on alcohol intended for human use was postponed by the GST Council. |
| 6:15 PM | The GST Council Meeting was concluded and the Union Financial Minister addressed the press. |
| 6:20 PM | Interest for late GST payments would be computed retroactively on net tax liability as of July 1, 2017. |
What were the Key Agendas of the 39th GST Council Meeting
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Update Given by Infosys over GSTN
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Revenue Position Review
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Fitment Committee Recommendations
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Law Committee Recommendations
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Taxability of Economic Surplus
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Difficulties with CGST rule 41(1)
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Interest and Penalty Waiver
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Benefit to Taxpayers
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Amendments
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Notification to Association of MFI
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GST Appellate Tribunals
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Regulatory Suggestions
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Merging Daman and Diu
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Revisions to the CGST Regulations, 2017.
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The “Know Your Supplier” scheme.
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Postponing the e-Wallet initiative and prolonging exporters’ duty exemption.
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Uttar Pradesh GSTAT
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CFI’s Representation
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Quarterly Report by NAA
Highlights of the 39th GST Council Meeting
Key highlights of the 39th GST Council meeting:-
Delay of e-invoicing and the Updated GST Return System
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Modifications in the Rates of GST
- The 12% to 18% rate of GST on mobile phones and certain parts was raised. This decision was made to prevent issues brought on by the inverted structure of duty.
- A single 12% GST charge now shall be applicable to all kinds of matches. Before this, handmade matches were subject to a 5% tax, and the tax for the remaining ones was 18%.
- With full input tax credit, the GST on maintenance, repair, and overhaul (MRO) services for aircraft was brought down from 18% to 5%. The aforementioned rate modifications will take effect on April 1, 2020.
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Interest on Payments
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Extension of 9C and GSTR-9
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Know Your Supplier
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Extension in Waiver and Due Dates
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Revocation Cancellation Amendments
Major Outcomes of the 39th GST Council Meeting
- From July 1, 2017, interest will be assessed on the net cash tax liability for any GST payment delays. (Accordingly, the law will be amended retrospectively).
- In cases where registrations were canceled until March 14, 2020, applications for revocation or cancellation of registration may be submitted until the date of June 30, 2020 (this is a one-time extension of the application period to accommodate business owners).
- Every registered person would be enabled to access the updated feature called “Know Your Supplier,”. It would allow them to have some basic knowledge about the suppliers they currently trade with or plan to do so.
- For taxpayers who were unable to file FORM CMP-02 in order to take advantage of the special composition scheme option under notification No. 2/2019-Central Tax (Rate) dated 07.03.2019, the need to furnish FORM GSTR-1 for 2019–20 will be waived.
- In order to enable registered persons who are corporate debtors under the terms of the Insolvency and Bankruptcy Code, 2016 and are going through the corporate insolvency resolution process to comply with the provisions of GST Laws during the CIRP, a special procedure is being prescribed.
- Extension of the deadline for FORM GSTR-3B for July 2019 to January 2020 through March 24, 2020, for individuals who are registered and whose primary place of business is in the Union territory of Ladakh. It is also advised to extend in a similar way for Forms GSTR-1 and GSTR-7.
- An extension until March 31, 2021, for the completion of the e-wallet scheme. The current exemptions from IGST and Cess on imports made under the AA/EPCG/EOU schemes shall also be extended until the same date.
- The GST Council has decided to postpone the introduction of a new return until September 2020. The current procedure for providing FORM GSTR-1 and FORM GSTR-3B will be followed up until that point.
- Procedure to be amended for the reversal of input tax credit for capital goods used partially for taxable and partially for exempt supplies under rule 43 (1) (c).
More Information
To learn more about the 39th GST Council meeting you can rely on sources like cbic-gst.gov.in/pdf/press-release/press-release-goods-services.pdf and 39th GST Council Meeting | Goods and Services Tax CouncilTrack the important GST decisions made in the 39th council meeting with CaptainBiz.
Aaryan Singh
B.Com degree with finance and accounting Specialisation in Goods and Service Tax (GST) and taxation system Completed certification course on GST from ICAI in 2022 Online GST practitioner course completed in 2023 from Indian Institute of Skill Development and Training.