55th GST Council Meeting
CBIC / GST meeting · 21 Dec 2024
Venue: Jaisalmer. Agenda: https://gstcouncil.gov.in/sites/default/files/Agenda/55th_meeting_agenda_compressed_1.pdf
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MINUTE BOOK
Minutes of the 55^th Meeting of the GST Council held on 21^st December, 2024 at Jaisalmer, Rajasthan
The 55^th meeting of the GST Council was held on 21^st December, 2024 under the Chairpersonship of the Hon'ble Union Finance Minister, Smt. Nirmala Sitharaman at Jaisalmer, Rajasthan. The list of Hon'ble Members of the Council who attended the meeting is at Annexure-1. The list of the officers of the Centre, States, Union Territories, GST Council Secretariat and GSTN who attended the meeting is at Annexure-2.
1.2 The following agenda items were listed for discussion in the 55^th meeting of the GST Council:
| Sl. No. | Agenda Item |
|---|---|
| 1. | Confirmation of Minutes of the 54^th GST Council Meeting held on 9^th September, 2024 |
| 2. | Ratification of Notifications, Circulars and GIC Decisions by the GST Council |
| 3. | Issues recommended by the Law Committee for the consideration of the GST Council |
| i) Amendment in Section 17(5)(d) of Central Goods and Services Tax Act, 2017 consequent to judgement of Hon'ble Supreme Court dated 03.10.2024 in the case of M/s Safari Retreats Pvt. Ltd. | |
| ii) Amendment in Schedule III of the Central Goods and Services Tax, 2017 (CGST Act, 2017) regarding supply of goods warehoused in a Free Trade and Warehousing Zone (FTWZ)/Special Economic Zone (SEZ) before clearance to Domestic Tariff Area/for Exports. | |
| iii) Amendment in Central Goods and Services Tax Act, 2017 for incorporation of provisions relating to Track and Trace Mechanism for specified commodities. | |
| iv) Amendment in sub-section (5) of section 9 of Central Goods and Services Act, 2017 for providing clarity regarding determination of tax liability of the electronic commerce operator in respect of specified services. | |
| v) Clarification regarding requirement of reversal of input tax credit by electronic commerce operators in respect of supplies made under section 9(5) of CGST Act, 2017. | |
| vi) Amendment in Rule 89 of CGST Rules, 2017 for providing the scope and computation of the refund on account of inverted duty structure as provided in sub-section (3) of section 54 of CGST Act, 2017. | |
| vii) Miscellaneous proposals for amendment in CGST Act, 2017 | |
| I. Amendment in sub-section (6) of section 107 and sub-section (8) of section 112 of CGST Act, 2017 to provide for payment of pre-deposit for filing an appeal in respect of an order passed which involves only penalty amount. | |
| II. Agenda regarding removal of levy of late fee under sub-section (1) of section 47 of the CGST Act, 2017 in respect of furnishing of details of outward supplies in FORM GSTR-1. | |
| III. Amendment in Section 2(69)(c) of CGST Act, 2017 to insert an Explanation regarding definitions of Local Fund and Municipal Fund. | |
| IV. Amendment in provisions pertaining to Input Services Distributor mechanism under CGST Act, 2017 and CGST Rules, 2017. | |
| viii) Miscellaneous proposals for amendment in CGST Rules, 2017 | |
| I. Provision for grant of Temporary Identification Number by Tax Officers to persons not liable to be registered otherwise. | |
| II. Agenda for allowing amendment in the field 'category of registered person' for taxpayers who opted composition levy through FORM CMP-02. | |
| III. Agenda on requirement of signature or digital signature of the supplier or his authorized representative in respect of e-invoice. | |
| ix) Clarification on availability of Input tax credit as per clause (b) of sub-section (2) of section 16 of CGST Act in respect of goods which have been delivered by the supplier at his (supplier's) place of business. | |
| x) Clarification regarding mentioning of correct details of name of the State of the un-registered recipient as well as correct declaration of place of supply in respect of supply of 'Online Services'. | |
| xi) Issues pertaining to taxability of Vouchers under GST. | |
| xii) Amendment in section 13(8)(b) of the IGST Act, 2017 in respect of place of supply of intermediary services. | |
| xiii) Clarification regarding applicability of late fee for delay in furnishing of FORM GSTR-9C. | |
| xiv) Amendment in CGST Act, 2017 and CGST Rules, 2017 in respect of functionality of Invoice Management System (IMS) | |
| xv) Concept note for implementing different categories of GST registration based on Risk Assessment and aligning the Registration Process with passing on of Input Tax Credit | |
| 4. | Recommendations of the Fitment Committee for the consideration of the GST Council |
| a) Recommendations made by the Fitment Committee for making changes in GST rates or for issuing clarifications in relation to goods (13 issues) - Annexure-I | |
| b) Issues where no change has been proposed by the Fitment Committee in relation to goods (4 issues) - Annexure- II | |
| c) Recommendations made by the Fitment Committee for making changes in GST rates or for issuing clarifications in relation to services (15 issues) - Annexure- IV | |
| d) Issues where no change has been proposed by the Fitment Committee in relation to services (3 issues) - Annexure-V | |
| e) Issues which have been proposed by the Fitment Committee for deferring in relation to services (2 issues) - Annexure-VI | |
| f) Issue on which Fitment Committee has not made any recommendations and decision may be taken by GST Council (1 issue) - Annexure-VII | |
| 5. | Closure of Group of Ministers (Gomm) on Analysis of Revenue from GST |
| 6. | Recommendations of the 22^nd meeting of the IT Grievance Redressal Committee for approval/decision of the GST Council |
| 7. | DoR Agendas: |
| a) Review of revenue position under Goods and Services Tax | |
| b) Status update on issues related to IGST Settlement to States | |
| c) GSTAT Procedure Rules to regulate the procedure for functioning of the GSTAT | |
| d) Relaxation in the eligibility criteria for selection to the post of Technical Member (State) of GSTAT for officers of the state of Goa. | |
| e) Relaxation in eligibility conditions for appointment of Technical Member (State) in GSTAT for the State of Jharkhand | |
| f) Status Report of GoM on restructuring Compensation Cess | |
| 8. | Issues recommended by GSTN |
| a) B2C e-Invoicing | |
| b) Successful Rollout of IMS | |
| 9. | Performance Report of Competition Commission of India (CCI) along with Performance Reports of State Level Screening Committee (SLSC), Standing Committee (SC) and Directorate General of Anti-Profiteering (DGAP), for 2^nd quarter of the F.Y 2024-25. |
| 10. | Ad-hoc Exemption Orders issued under section 25(2) of the Customs Act, 1962 to be placed before the Council for information |
| 11. | Report of Group of Ministers on Life and Health Insurance |
| 12. | Bringing Aviation Turbine Fuel (ATF) under GST |
| 13. | Any other agenda item with the permission of the Chair. |
1.3 The Secretary to the GST Council (hereinafter called 'The Secretary'), welcomed all the Hon'ble Members of the Council and participating officers to the 55^th meeting of the GST Council. He extended greetings to Shri Nayab Singh Saini, Hon'ble Chief Minister of Haryana; Shri Omar Abdullah, Hon'ble Chief Minister of Jammu & Kashmir; Shri Mohan Charan Majhi, Hon'ble Chief Minister of Odisha; Shri Radha Krishna Kishore, Hon'ble Minister for Finance, Jharkhand; and Shri Rajesh Dharamani, Hon'ble Minister of Technical Education, Himachal Pradesh to their first GST Council meeting.
1.4 The Secretary stated that following the recommendations made in the 54th Meeting of the GST Council, two Groups of Ministers (GoMs) were constituted one on Life and Health Insurance, and the other on restructuring of the Compensation Cess.
1.5 The GoM on Life and Health Insurance had prepared a report which had been circulated to all Members.
Source details
- Source
- Central Board of Indirect Taxes and Customs / GST
- Type
- meeting
- Published by source
- 21 Dec 2024
- Coverage area
- indirect-tax