Key ITC, RCM & GST Exemptions – 55th GST Council Update

The 55th GST Council Meeting has brought significant updates impacting ITC, RCM, and GST exemptions. These decisions are essential for business compliance and effective tax planning. Here’s a detailed breakdown of the most critical recommendations and resolutions:

Key Recommendations

1. Fortified Rice Kernel (FRK)

  • GST rate of 5% has been introduced for FRK to streamline its taxation.

2. Gene Therapy

  • Gene therapy services have been granted complete GST exemption, providing relief for critical medical treatments.

3. Merchant Exporters’ Supplies

  • Supplies to merchant exporters now attract 0.1% GST, aligning with Compensation Cess rates.

4. Government Distribution Programs

  • Food items supplied under government programs will now attract a concessional GST rate of 5%.

5. Motor Vehicle Accident Fund Contributions

  • GST exemption has been extended to contributions toward third-party motor vehicle insurance funds.

GST Rate Changes

1. Sponsorship Services

  • Sponsorship services provided by body corporates will now be taxed under the forward charge mechanism.

2. Hospitality Industry

  • For unit accommodations exceeding ₹7,500 annually, GST will apply.

3. Restaurants

  • From April 1, 2025, restaurants may opt for 18% GST with Input Tax Credit (ITC).

4. Rent for Composition Levy Scheme

  • Rent services offered by those under the composition levy scheme will no longer be subject to RCM.

5. Used Vehicles

  • GST on used vehicles has increased from 12% to 18% based on the margin value.

6. Prepackaged and Labelled Goods

  • The definition of ‘prepackaged and labelled’ has been expanded to cover a broader range of goods.

7. Loan Default Penal Charges

  • Penal charges imposed by banks and NBFCs on loan defaults are now GST-exempt.

8. Payment Aggregators

  • Services provided by RBI-regulated payment aggregators are exempt from GST, except for payment gateways and fintech services.

9. Popcorn GST Clarification

  • Clarification provided for GST rates on popcorn, whether salted, spiced, or sweetened.

ITC Updates

1. Section 9(5)

  • No ITC reversal is required for taxes paid by e-commerce operators under Section 9(5).

2. Section 16(2)(b)

  • Businesses can claim ITC if goods are supplied to the supplier’s location, ensuring supply chain clarity.

These GST changes and clarifications aim to simplify compliance and offer relief to specific industries. Businesses must evaluate their tax strategies and align operations with these updates.