Income Tax Bill, 2025 to replace Income Tax Act, 1961: Key Changes

Finance Minister Nirmala Sitharaman has presented the new Income Tax Bill 2025 in Parliament today, February 13, 2025. This presentation marks a significant step in reforming India’s direct tax system.

Key Features of the Bill

The Income Tax Bill 2025 is designed to replace to the six-decade old Income Tax Act, 1961, with the goal of making direct taxes simpler.

Simplification and Structural Overhaul:

The idea is to get rid of old, confusing parts of the law and make the language easier to understand. Currently, the tax law has 298 sections and 14 schedules, but the new bill aims to shorten this considerably. The new bill is a substantial document at 622 pages, but it’s expected to cut down the number of sections by about 25-30%. This should make it easier for taxpayers to understand the rules and follow them.

Introduction of ‘Tax Year’ Concept:

One key change is the introduction of the term “Tax Year,” replacing “Assessment Year” and “Previous Year.” This aligns India’s tax system with the financial year and international practices.

This change is aimed at simplifying tax compliance and reducing ambiguities in filing returns, aligning with best global practices.

No Change in Tax Rates and Slabs:

The bill does not propose changes to existing tax rates or slabs. The current categories of tax heads including salaries, house property, and capital gains remain unchanged.

Emphasis on Digital Transactions:

The bill strongly promotes digital transactions. It includes provisions for easier electronic record-keeping and tax filing, reflecting the global shift towards digital finance. Virtual Digital Assets (VDAs), such as cryptocurrencies, are now recognized and taxed like other assets.

Residency Criteria with clearer Guidelines:

Under Section 6 of the 1961 Act, an individual was considered a resident of India if they stayed in the country for 182 days in a financial year or 60 days in specific cases. However, Clause 6 of the Bill retains these broad parameters but has brought forth refined provisions for individuals with multiple citizenships or complex residency situations. This change provides greater transparency and eliminates loopholes that were often exploited in international tax planning.

Revised Heads of Income and Deductions

Traditionally, income has been classified into five heads – Salaries, House Property, Business/Profession, Capital Gains, and Other Sources, all of which remains in the new bill. However, Clauses 13 to 59 expand these categories to explicitly include income from virtual assets, digital businesses, and online earnings.

The revisions modernize income classifications while ensuring that new-age revenue streams are properly accounted for under tax laws.

Capital Gains and other deductions Overhaul

The 1961 Act offered various deductions and exemptions under Sections 10 and 80C to 80U, covering investments, donations, and other expenses.

The 2025 Bill, through Clauses 11 to 154, consolidates these deductions and introduces new provisions benefiting startups, digital businesses, and renewable energy investments. Additionally, the standard deduction for salaried individuals has been increased to ₹75,000, providing significant relief to middle-income taxpayers.

The taxation of capital gains, previously covered under Sections 45 to 55A, remains largely intact in the new bill but is dealt with key refinements. Clauses 67 to 91 introduce specific provisions for virtual digital assets (VDAs) and update holding period thresholds for certain asset classes.

Modern investment instruments such as cryptocurrencies and digital securities are also slated to be accommodated within the new provisions by means of these inclusions.

Automation and Faceless Assessments

.Previously, tax administration under Sections 139 to 158 relied heavily on manual processes for return filing, audits, and assessments. The new bill, in Clauses 263 to 389, mandates e-filing, faceless assessments, and automated taxpayer interactions, reducing human intervention and increasing transparency.

Business Thresholds for Presumptive Taxation:

For businesses, the threshold for the presumptive tax scheme is proposed to be increased. Businesses with a turnover of up to ₹3 crore can now opt for this scheme, up from the previous limit of ₹2 crore. The threshold for professionals has also been raised from ₹50 lakh to ₹75 lakh.

Tax Audits and Compliance:

Regarding tax audits, Chartered Accountants (CAs) will continue to be the primary professionals responsible. The bill does not include Company Secretaries (CSs) or Cost Accountants (CMAs) in this role. The emphasis on digital processes and reduced direct interaction aims to improve compliance and lessen the risk of harassment for taxpayers.

Stricter Compliance

The General Anti-Avoidance Rules (GAAR) that had a limited scope under Sections 95 to 102 of the Income Tax Act, 1961 have been significantly strengthened in the new bill. Clauses 178 to 184 provide for broader GAAR coverage, stricter scrutiny of impermissible tax arrangements, transactions lacking commercial substance and enhanced measures against tax evasion.

Non-Profit Organizations

While Sections 11 to 13 of the Income Tax Act, 1961 Act provided tax exemptions for non-profit entities, they lacked detailed compliance measures. Clauses 332 to 355 in the new bill introduce a comprehensive regulatory framework that imposes stricter compliance and reporting requirements to prevent misuse of tax benefits.

Dispute Resolution Mechanism

Under the 1961 Act, taxpayers had access to a Dispute Resolution Panel (DRP ) under Section 144C, mainly for foreign companies. The 2025 Bill, through Clause 275, expands the DRP’s scope and introduces a Dispute Resolution Committee (DRC ) under Clause 379, catering specifically to small and medium taxpayers for quicker and more efficient dispute resolution.

Speedy Redressal

Clauses 268 to 296 of the new bill gives tax officers expanded powers to request asset and liability statements, introduces faceless scrutiny through Clause 273, and shortens reassessment timelines by means of Clauses 279 to 285.

The appellate process has also been streamlined, with first appeals now allowed at the Joint Commissioner level (Clause 356), while the ITAT and High Court procedures (Clauses 362-365) have been simplified for efficiency. A new Board for Advance Rulings has also been introduced through Clause 381 to improve tax predictability for businesses.

Implications for Taxpayers

The immense changes introduced through the Income Tax Bill, 2025 aims to streamline taxation, eliminate ambiguities, and promote compliance through automation, digital inclusion, and modernized tax rules.

The introduction of faceless assessments, expanded digital income classifications, and stricter anti-evasion measures paves the way for India’s tax system to navigate through the next phase of economic growth.

Process and Implementation

After it’s introduced, committees will review it. It will go to the Standing Committee on Finance for their suggestions, and then the cabinet will review it again before it goes back to Parliament for a final vote. The plan is for the new law to take effect on April 1, 2026, which is the beginning of the new financial year.

Major Reform

 This new bill is part of a bigger effort to update tax laws, lessen the amount of legal disputes over taxes, and make the tax rules clearer.

The introduction and later implementation of the 2025 Income Tax Bill is a major change to how taxes work in India. The goal is to make tax laws more transparent and simpler, while also adapting to the current economic situation.

Budget-2025: A Roadmap for economic growth and inclusive development

Mrs. Nirmala Sitharaman, Finance Minister of India, presented the Finance Bill 2025 (Union Budget 2025-26) in Parliament on February 1, 2025. This bill includes budget proposals for financial matters and direct/indirect taxation, primarily related to FY 2025-26/AY 2026-27.
Mrs. Nirmala Sitharaman, Finance Minister of India, presented the Finance Bill 2025 (Union Budget 2025-26) in Parliament on February 1, 2025. This bill includes budget proposals for financial matters and direct/indirect taxation, primarily related to FY 2025-26/AY 2026-27.

As the world continues to navigate post-pandemic recovery, technological advancements, and geopolitical shifts, Budget 2025 emerges as a critical blueprint for India’s economic future. Presented by the Finance Minister, this budget aims to strike a balance between growth, sustainability, and inclusivity. Let’s dive into the key highlights, implications, and potential impact of Budget 2025.

 


 

1. Economic Growth and Infrastructure Development

 

Budget 2025 places a strong emphasis on infrastructure development as a catalyst for economic growth. The government has allocated significant funds to:

    • National Infrastructure Pipeline (NIP): Expanding roads, railways, ports, and airports to improve connectivity and logistics.
    • Green Infrastructure: Investments in renewable energy projects, including solar, wind, and hydrogen energy, to achieve India’s net-zero emissions target by 2070.
    • Smart Cities: Accelerating the Smart Cities Mission with a focus on digital infrastructure and sustainable urban planning.

    These initiatives are expected to create jobs, boost private investment, and enhance India’s global competitiveness.


    2. Agriculture and Rural Economy

    Recognizing the importance of the agricultural sector, Budget 2025 introduces several measures to support farmers and rural development:

      • Doubling Farmers’ Income: Increased allocation for schemes like PM-KISAN and MSP-based procurement.
      • Agri-Tech Integration: Promoting the use of drones, AI, and IoT in farming to improve productivity and reduce losses.
      • Rural Employment: Expanding MGNREGA and introducing skill development programs to empower rural youth.

    These steps aim to ensure food security, reduce agrarian distress, and bridge the urban-rural divide.


    3. Taxation Reforms

    Budget 2025 brings a mix of relief and simplification in the tax regime:

      • Income Tax Slabs: Revised tax slabs to provide relief to middle-class taxpayers, with a focus on increasing disposable income.
      • Corporate Tax: Incentives for MSMEs and startups to encourage innovation and job creation.
      • GST Reforms: Simplification of GST processes and reduction of compliance burdens for small businesses.

    These reforms are expected to boost consumption, investment, and ease of doing business.

    Changes under the Income Tax Law in Union Budget 2025-26: In detail


    4. Digital India and Technology

    Building on the success of Digital India, Budget 2025 focuses on:

      • 5G Rollout: Accelerating the deployment of 5G infrastructure to enable faster internet and digital services.
      • AI and Blockchain: Investments in emerging technologies to drive innovation in sectors like healthcare, education, and finance.
      • Cybersecurity: Strengthening cybersecurity frameworks to protect digital assets and ensure data privacy.

    These initiatives aim to position India as a global leader in the digital economy.


    5. Healthcare and Education

    Budget 2025 prioritizes human capital development through:

      • Healthcare: Increased funding for Ayushman Bharat and the establishment of new medical colleges and hospitals.
      • Education: Focus on digital education, skill development, and research & development to prepare the workforce for future challenges.
      • Mental Health: Launching a national mental health program to address the growing need for psychological support.

    These measures aim to build a healthier, more skilled, and resilient population.


    6. Sustainability and Climate Action

    In line with global climate goals, Budget 2025 introduces:

      • Green Energy Transition: Incentives for electric vehicles, solar panels, and energy-efficient appliances.
      • Waste Management: Investments in waste-to-energy projects and plastic recycling initiatives.
      • Afforestation: Expanding green cover through large-scale afforestation programs.

    These steps underscore India’s commitment to sustainable development and environmental conservation.


    7. Social Welfare and Inclusivity

    Budget 2025 reaffirms the government’s commitment to social justice and inclusivity:

      • Women Empowerment: Increased funding for schemes like Beti Bachao Beti Padhao and maternity benefits.
      • SC/ST/OBC Welfare: Enhanced allocation for scholarships, skill development, and economic empowerment programs.
      • Senior Citizens: Expanding pension schemes and healthcare benefits for the elderly.

    These initiatives aim to create a more equitable and inclusive society.


    8. Defense and National Security

    To safeguard India’s sovereignty, Budget 2025 allocates:

      • Modernization of Armed Forces: Upgrading defense equipment and infrastructure.
      • Indigenous Manufacturing: Promoting “Make in India” in defense production to reduce dependency on imports.
      • Border Infrastructure: Strengthening infrastructure along border areas to enhance security and connectivity.

    Conclusion: A Budget for the Future

    Budget 2025 is a forward-looking document that addresses the needs of a rapidly evolving economy while staying rooted in the principles of sustainability and inclusivity. By focusing on infrastructure, technology, healthcare, and social welfare, it lays the foundation for a resilient and prosperous India.


    Union Budget 2025-26: In detail

    Source: Budget 2025-26

    CBDT extends due date for filing ITR of Audited Accounts till November 15,2024

    The income tax department on Saturday extended the deadline for filing income tax returns by corporates by 15 days till November 15 for assessment year 2024-25. In a circular, the Central Board of Direct Taxes (CBDT) said the deadline will be extended from the earlier target date of October 31.

    The Central Board of Direct Taxes (CBDT) has recently announced extension of the due date for filing Income Tax Returns (ITR) for audited accounts for Asst Year 2024-25.


    In a recent announcement, the Central Board of Direct Taxes (CBDT) has extended the due date for filing Income Tax Returns (ITR) for audited accounts from October 31, 2024, to November 15, 2024.



    –  This extension applies to taxpayers who are required to undergo a tax audit, providing them with additional time to ensure accurate and compliant filings.


    – The decision to extend the deadline comes as a relief to many taxpayers and professionals who were concerned about meeting the original deadline amidst the upcoming festive season.



    – The extension is expected to ease the pressure on taxpayers and professionals, allowing them to prioritize accuracy and compliance without the stress of last-minute filings



    – This move also aligns with the CBDT’s ongoing efforts to support taxpayers and enhance the overall compliance process.


    – As the new deadline approaches, taxpayers are encouraged to take full advantage of this additional time to gather their financial documents and ensure thorough and accurate reporting.


    – This extension is a welcome change, especially during a peak period, and is likely to reduce disputes and penalties associated with late submissions.

     

    CBDT Circular-10-2024

     

    GST Invoice Management System: A game changer for businesses from October 2024

    The GSTN has introduced a transformative feature called the IMS on the GST portal aimed at simplifying the process of correcting invoices
    The GSTN has introduced a transformative feature called the IMS on the GST portal aimed at simplifying the process of correcting invoices

    Through an advisory issued on September 3, 2024, the IMS is set to go live for taxpayers starting October 1, 2024, marking a significant milestone in the evolution of GST compliance procedures.

    Key Features of the GST Invoice Management System (IMS)

    The GST Invoice Management System (IMS) offers businesses a streamlined approach to managing their GST invoices, particularly in cases where discrepancies or amendments are necessary.

    According to the GSTN advisory, “To enable taxpayers to efficiently address invoice corrections/amendments with their suppliers through the portal, a new communication process called the Invoice Management System (IMS) is being brought up at the GST portal.”

    This system is designed to help businesses reconcile their GST records with those issued by their suppliers, ensuring ITC claims are compliant and accurate.

    One of the standout features of IMS is that it allows taxpayers to accept, reject, or keep invoices pending before including them in their GST ITC claims.

    This ensures that businesses can review the accuracy of each GST invoice and avoid potential issues during audits. The flexibility offered by the system allows businesses to defer action on GST invoices and address them in future tax periods, if necessary.

    Taxpayers can update their GST invoice records anytime before filing their GSTR-3B return, a critical component in the GST compliance process.

    Impact of the GST Invoice Management System on the ITC Ecosystem

    The IMS is expected to significantly enhance the efficiency of ITC claims under the GST regime by providing a more structured mechanism for matching invoices between recipients and suppliers.

    Since mismatches in GST invoices have been a primary source of discrepancies in ITC claims, the new system is a welcome addition.

    The GSTN has long sought to introduce this level of control to minimize incorrect or fraudulent ITC claims.

    Under this system, only accepted GST invoices will form part of the taxpayer’s GSTR-2B, which is the auto-populated form used to claim ITC under the GST framework.

    By ensuring that only verified invoices are included in this form, businesses can significantly reduce errors in their GST returns, thus reducing the risk of disputes or penalties during audits.

    Moreover, the IMS integrates seamlessly with the Quarterly Return Monthly Payment (QRMP) scheme, which allows smaller taxpayers to file GST returns quarterly while making monthly GST payments. For those enrolled in the QRMP scheme, the IMS will generate GSTR-2B on a quarterly basis, making it easier to manage GST invoices and ITC claims. This feature is particularly beneficial for small and medium-sized enterprises (SMEs), which often struggle with the administrative burden of GST compliance.

    “The IMS is expected to facilitate transparency between GST recipients and suppliers and streamline the reconciliation of ITC, which has been a challenging process since the introduction of GST.”

    While the full benefits of the system will become evident after its implementation, the IMS is expected to address several long-standing issues in GST compliance.

    Source: Invoice Management System

    Advisory on reporting of supplies to un-registered dealers in GSTR-1/GSTR-5

    <strong><em>Reporting of inter-state taxable outward supplies to unregistered dealers - Advisory by GST.</em></strong>
    Reporting of inter-state taxable outward supplies to unregistered dealers – Advisory by GST.

    An advisory has been issued on September 3,2024 by the Government of India for the recent amendment under Notification No. 12/2024 Central Tax, dated 10th July 2024, that lessens the threshold limit for the reporting of inter-state taxable outward supplies to unregistered dealers.

    The invoice-wise reporting of information of these supplies was lessened from Rs 2.5 lakh to Rs 1 lakh, impacting how businesses file their GSTR-1 and GSTR-5 returns.

    As per the notification, the above reduction in the threshold would need the assesses to furnish the detailed invoice-wise data for all inter-state supplies to unregistered dealers that surpass Rs 1 lakh in value. The same information should be reported in Table 5 of Form GSTR-1, for regular tax payers and Table 6 of GSTR-5, for non-resident taxable persons.

    The same advisory states that the said revisions are being executed at present in the Goods and Services Tax (GST) portal and will be available for taxpayers shortly.

    In the interim, taxpayers need to continue reporting inter-state taxable outward supplies to unregistered dealers that surpass the previous threshold of ₹2.5 lakh. These must be filed in Table 5 of GSTR-1 for regular taxpayers and Table 6 of GSTR-5 for non-resident taxable persons.

    Further, till the time the functionality gets updated and is made available to the GST portal, it is advised to continue reporting the invoice wise details of taxable outward supplies to unregistered dealers which are more than Rs. 2.5 Lakhs in the Table 5 of Form GSTR-1 and Table 6 of GSTR-5, which would facilitate the process of reporting and align it with the amended threshold limits.

    The businesses are suggested to stay updated with the additional announcements on the operationalization of the revision and the assesses are advised to track the updates on the GST portal for the additional guidelines.

    Source: Advisory on GSTR-1/ GSTR-5

    Tax Reforms & Highlights in the Finance Budget 2025

     

    The budget features higher spending, job creation efforts, and tax relief for the middle class. Key tax changes include an increase in the Securities Transaction Tax (STT), cuts in short-term and long-term capital gains taxes, and the elimination of the angel tax. It also adjusts personal income tax slabs under the New Tax Regime.

    The Union Budget for FY 2024-25, presented by Finance Minister Nirmala Sitharaman, brings several significant changes aimed at boosting the economy, simplifying tax structures, and promoting sustainable growth.

     

    Here are the key highlights:

    =====================

     

    1. Revised Income Tax Slabs:

     

    Finance Minister Nirmala Sitharaman announced a thorough review of the Income Tax Act of 1961 to benefit the middle class, expected to be completed in six months.

    ➤ The new tax regime includes revised tax slabs:

    • No tax up to Rs 3 lakh income
    • Rs 3 -7 lakh 5 per cent
    • Rs 7-10 lakh 10 per cent
    •  Rs 10-12 lakh 15 per cent
    •  Rs 12-15 lakh 20 per cent
    •  Above Rs 15 lakh 30 per cent

    ➤ The Standard Deduction under the New Tax Regime increased from Rs 30,000 to Rs 75,000, saving Rs 17,500. The family pension deduction for pensioners rose from Rs 15,000 to Rs 25,000.

    Announcements for STT, Short-term and long term capital gains:

    ➤ Capital gains taxation has been streamlined with short-term gains reduced to 20% and long-term gains to 12.5% for specific assets. Capital gains tax will now also apply to unlisted bonds and debentures.

    ➤ The Securities Transaction Tax (STT) on option sales has increased from 0.0625% to 0.1%. The STT on futures and options (securities has been raised by 0.02% and 0.1%, respectively.

    ➤ The indexation benefit for immovable assets, like real estate, has been removed, meaning property sellers can no longer adjust their purchase price for capital gains tax. Although the long-term capital gains (LTCG) tax on immovable properties has been reduced from 20% to 12.5%, indexation benefits are no longer available.

    ➤ The TDS on e-commerce transactions has been reduced from 1% to 0.1%.

    ➤ The angel tax has been abolished for all investors…

    ➤ Employer NPS deduction increased from 10% to 14%.

    ➤ A new solution for NPS (Central Government employees) will be developed based on a review committee’s recommendations.

    Assessment Rules: Reopening and reassessment rules have been relaxed. Assessments can now be reopened beyond three years only if undisclosed income exceeds Rs 50 lakh, with a maximum reopening period of five years from the end of the assessment year.

    Indian Professionals: Indian professionals working for multinational companies will no longer face penalties for not reporting movable foreign assets, such as ESOPs, if their value is up to Rs 20 lakh.

    2. GST Updates

    The budget introduces several changes to the Goods and Services Tax (GST) framework. These include waivers of interest and penalties for non-fraudulent demands from FY 2017-18 to 2019-20, provided certain conditions are met. This move aims to ease compliance and reduce the burden on businesses.

    3. Fiscal Deficit and Economic Growth

    The fiscal deficit is projected to reduce to 4.9% of GDP, with a commitment to further decrease it to 4.5% in the coming years. This disciplined approach is expected to enhance investor confidence and ensure sustainable economic growth.

    4. Support for MSMEs and Startups

    The budget allocates substantial funds to support Micro, Small, and Medium Enterprises (MSMEs) and startups. New loan schemes and financial support initiatives are introduced to foster innovation and entrepreneurship, which are crucial for job creation and economic diversification

    5. Infrastructure Development

    Significant investments are planned for infrastructure projects, including transportation, energy, and digital infrastructure. These projects aim to improve connectivity, reduce logistics costs, and enhance the overall business environment.

    6. Agricultural Sector Boost

    The agricultural sector receives a major boost with increased funding for various schemes aimed at improving productivity, ensuring fair prices for farmers, and promoting sustainable farming practices

    7. Customs Duties and Capital Gains Tax

    The budget also includes changes in customs duties to promote domestic manufacturing and reduce dependency on imports. Rationalization of the capital gains tax structure to simplify the tax system and encourage investments.

    8. Corporate Tax:

    ➤ Reduction of the corporate income tax rate on foreign companies from 40 % to 35%.
    ➤ Introduction of measures to streamline transfer pricing assessment procedures.

    9. Angel Tax and Equalization Levy:

    ➤ Abolition of the angel tax to support innovation and startups.
    ➤ Repeal of the equalization levy to simplify the tax landscape.

    10. Reassessment Provisions:

    ➤ Simplification of reassessment provisions, allowing assessments to be reopened beyond three years, up to five years from the end of the year of assessment, only if the escaped income is more than ₹50 lakh.
    ➤ In search cases, the time limit for reassessment has been reduced from ten years to six years.

    11. Indirect Tax Procedures:

    ➤ Simplification of indirect tax procedures to reduce compliance burdens and improve efficiency.

    12. Vivad Se Vishwas Scheme:

    ➤ Introduction of the new Vivad Se Vishwas Scheme, 2024, for the settlement of pending direct tax disputes.

    Conclusion

    The Union Budget for FY 2024-25 reflects the government’s commitment to fostering economic growth, simplifying tax structures, and supporting key sectors. These measures are expected to create a more resilient and inclusive economy, benefiting all sections of society.

    Highlights from the 53rd GST Council Meeting

    Several measures were proposed to ease compliance and reduce litigation for taxpayers 53rd GST council meeting.
    Several measures were proposed to ease compliance and reduce litigation for taxpayers in the 53rd GST council meeting.

    The 53rd meeting of the Goods and Services Tax (GST) Council was held on June 22 in New Delhi. Several recommendations were made at the meet to refine tax rates and service exemptions under the GST regime.

    The meeting, chaired by Union Finance Minister Nirmala Sitharaman, deliberated on various proposals to streamline GST applicability across goods and services.

    Many items were present on the agenda from this GST Council meeting. Further, before the GST Council meeting, the Union FM had a pre-budget consultation with various states and UTs. Union FM also clarified that as of 31st December 2023, less than 1.96% of GST taxpayers received the notices under GST (1,14,999 taxpayers).

    Several measures were proposed to ease compliance and reduce litigation for taxpayers.

    Here are the key highlights:

    Ease of compliance burden of taxpayers

    • Changes will be allowed in GSTR-1 going forward within same tax period: The GST Council approved implementing a functionality for a new form GSTR-1A that allows taxpayers to add/amend particulars of GSTR-1 of current tax period/IFF for 1st and 2nd month of quarter, that is missed out before filing GSTR-3B.
    • Reporting B2C supplies in GSTR-1: The threshold for reporting Business-to-Consumers (B2C) interstate supplies invoice-wise in Table 5 of GSTR-1 will be reduced from Rs.2.5 lakh to Rs.1 lakh.
    • GSTR-4 Due Date Revised: Extension provided to the due date for filing GSTR-4 by the composition taxable persons from the present 30th of April to 30th of June 2024 from FY 2024-25 onwards.
    • TCS Rate Reduction: Electronic Commerce Operators (ECOs) had to collect Tax Collected at Source (TCS) at 1% (0.5% each under CGST and SGST/ 1% under IGST) on net taxable supplies under Section 52(1) of the CGST Act. It is recommended to reduce this to 0.5 % (0.25% under CGST and 0.25% under SGST/UTGST/0.5% under IGST).
    • Compulsory filing of GSTR-7: GSTR-7 must be filed mandatorily even if no TDS is deducted, reported invoice-wise and no late fee will be charged for nil filing.
    • GSTR-9/9A filing applicability: The filing of annual return in GSTR-9/9A for the FY 2023-24 would be exempted for taxpayers with an aggregate annual turnover upto Rs.2 crore.
    • Modification to Section 16(4): The time limit to avail ITC for invoices or debit notes in any GSTR-3B filed up to 30th November 2021 (applicable for fiscal years 17-18, 18-19, 19-20 and 20-21) may be deemed to be 30th November 2021, which will apply retrospectively from 1st July 2017. Furthermore, Section 16(4) shall be relaxed where returns for the period from the date of cancellation of registration/ effective date of cancellation of registration till the date of revocation of cancellation of the registration, are filed by the registered person within thirty days of the order of revocation.
    • Amendment to CGST Rule 88B: The GST Council has recommended not to charge interest on the amount available in the electronic cash ledger on the due date of filing GSTR-3B and is debited while filing the said return in cases of delayed filing of GSTR-3B.
    • New Section 128A: GST Council has waived interest and penalties for demand notices issued u/s 73 of CGST (applicable for fiscal years 17-18, 18-19 and 19-20) for cases not involving fraud, suppression and misstatement. It is applicable to cases where the taxpayer pays the full amount in the notice by 31st Mar 2025.
    • Changes in Section 73 and 74: A common time limit will be set for issuing demand notices and orders under both these provisions without differentiating cases as fraud/non-fraud. The time limit for the taxpayers to claim the benefit of reduced penalty, by paying the tax demanded along with interest, would be increased from 30 to 60 days.
    • Monetary Limits set for GST Appeals: The recommended monetary limits for filing appeals by the department before these legal fora are Rs.20 lakh for GST Appellate Tribunal, Rs.1 crore for HC and Rs.2 crore for SC. 
    • Amending Sections 107 and 112:  The maximum amount for pre-deposit for filing appeal before appellate authorities shall be reduced from Rs.25 crore under CGST and Rs.25 crore under SGST to Rs.20 crore respectively. Moreover, the amount of pre-deposit for appeal before the GST Appellate Tribunal has been reduced from 20% with a maximum amount of Rs.50 crores under CGST and Rs.50 crores under SGST to 10% with a maximum of Rs.20 crores under CGST and Rs.20 crores under SGST.
    • Sunset Clause to amend Sections 109 & 117: Sunset clause to be added for anti-profiteering cases pending and decision taken to shift the hearing panel from CCI to principal bench of GSTAT. The GST Council has also recommended the sun-set date of 1st April 2025 for receiving any new application regarding anti-profiteering.
    • Time limit to file appeals before the GSTAT: The GST Council recommended modifying Section 112 to provide a 3 months time for filing appeals before the GST Appellate Tribunal. It will start from a date yet to be notified by the Government, most likely to be announced by 5th August 2024 as this is the last date.
    • New Section 11A: The new provision allows regularization of non-levy or short levy of GST, where tax was being underpaid or unpaid due to common trade practices. 
    • IGST Refund due to upward price revisions after exports: A mechanism is being introduced for claiming refund of additional IGST paid due to any upward revision in price of the goods after their export, helping taxpayers claim refunds for paying additional IGST due to such move.
    • No refund of IGST in specific case: Where export duty is payable, IGST will not be refunded by modifying Sections 16 and 54. This applies for both exports and supplies to SEZ unit/developer with or without payment of tax.
    • Biometric-based Aadhaar Authentication: Those applicants who have opted for Biometric based Aadhaar authentication conducted at the GST Suvidha Kendra will be rolled out for GST registration on all-India basis in a phased manner.
    • DRC-03 Circular expected to be notified: A circular will be issued to prescribe a mechanism for adjusting any demand amount paid through DRC-03 against the amount payable as pre-deposit for filing GST appeal.
    • Section 122(1B) to be amended: Amendment will apply retrospectively w.e.f. 1st October 2023, so as to clarify that the said penal provision is applicable only for those e-commerce operators, who are required to collect TCS u/s 52 and not for other e-commerce operators.
     
    Rate rationalisation for Goods and Services

    The GST Council announced several GST rate revisions and exemptions for goods and services, as listed below-

    Particulars

    New GST Rates / Exemptions

    Extra Neutral Alcohol used for the manufacture of alcoholic liquor for human consumption

    Exempt

    Imports of parts, components, testing equipment, tools, and tool-kits of aircraft, irrespective of their HS classification, are used to boost the MRO activities subject to specified conditions.

    5% IGST

    Parts of Poultry keeping Machinery

    12%

    All milk cans (different materials), irrespective of use

    12%

    All carton boxes and cases of both corrugated and non-corrugated paper board

    12%

    All types of sprinklers, including fire water sprinklers

    12%

    All solar cookers, whether or not single or dual energy source

    12%

    Services provided by Indian Railways to common man for sale of platform tickets, cloak rooms, and battery operated car services are exempted, including intra railway supplies

    Exempt

    Service by way of hostel accommodation is currently not exempted if outside educational institution upon satisfying the conditions that the rent limit is up to Rs. 20,000 per person per month, and the service is rendered for a continuous period of 90 days

    Exempt

    Corporate guarantee if in case it is for services or goods where whole ITC is available

    Exempt

    Services provided by Special Purpose Vehicles (SPV) to Indian Railway by way of allowing Indian Railway to use infrastructure built & owned by SPV during the concession period and maintenance services supplied by Indian Railways to SPV

    Exempt

    Imports of specified items for defence forces

    IGST is exempt for five years till 30th June 2029

    Imports of research equipment/buoys imported under the Research Moored Array for African-Asian-Australian Monsoon Analysis and Prediction (RAMA) programme subject to specified conditions

    IGST is exempt

    Imports in SEZ by SEZ Unit/developers for authorised operations with effect from 1st July 2017

    Compensation Cess is exempt

    Supply of aerated beverages and energy drinks to authorised customers by Unit Run Canteens under the Ministry of Defence

    Compensation Cess is exempt

    Import of technical documentation for AK-203 rifle kits imported for the Indian Defence forces.

    Ad hoc IGST exemption provided

    These measures aim to streamline the GST compliance process, provide clarity on various issues, and ensure consistency across the GST framework. The recommendations will be implemented through relevant circulars, notifications, and law amendments.

    Source:

    53rd GST Council Recommendations