Minutes of Meeting
Place: Sushma Swaraj Bhawan, New Delhi
Summary of Points Finalized
1. Ratification of Notifications and Circulars
The Council ratified 5 Central Tax Notifications, 3 Central Tax (Rate) Notifications, 1 Integrated Tax Notification, 3 Integrated Tax (Rate) Notifications, 1 Union Territory Tax Notification, 3 Union Territory Tax (Rate) Notifications, and 1 Compensation Cess (Rate) Notification issued between June and August 2024. Additionally, 22 Circulars under CGST Act were ratified.
54th GST Council Meeting, page 4
2. Refund of IGST on Exports – Rule Amendments
The Council approved deletion of Rules 96(10), 89(4A), and 89(4B) of CGST Rules, 2017 to simplify export refund procedures. Exporters who later paid IGST and cess on imported inputs will have their refund claims regularised.
54th GST Council Meeting, page 5
3. Place of Supply for Advertising Services
The Council clarified that advertising agencies providing services to foreign clients are not intermediaries and the place of supply will be outside India, making them eligible for export benefits.
54th GST Council Meeting, page 6
4. Amendments in Forms REG-20 & REG-31
The Council approved amendments to Forms REG-20 and REG-31 in line with the latest rule changes. State suggestions from Tamil Nadu and Punjab were referred for further examination.
54th GST Council Meeting, page 7
5. Replacement of IPC with Bharatiya Nyaya Sanhita (BNS), 2023
Council approved changes in Form INS-01 to replace IPC references with BNS 2023 for uniformity in legal references. 54th GST Council Meeting, page 7
6. Rule Amendments Following Insertion of Section 74A
Approved changes to Rules 36(3), 88B(1), 88D(3), 96B(1), 121, and 142, and Form DRC-01A to align with newly inserted Section 74A of the CGST Act.
54th GST Council Meeting, page 8
7. Input Tax Credit (ITC) on Demo Vehicles
Council clarified that dealers can claim ITC on demo vehicles used for test drives if they are engaged in further supply. However, ITC is disallowed where dealers act solely as agents for manufacturers.
54th GST Council Meeting, page 9
8. Implementation of Section 16(5) and 16(6) – ITC Relief
Council approved retrospective amendments to Section 16, allowing ITC for FY 2017–18 to 2020–21 up to 30 November 2021. A special rectification process under Section 148 was also approved for cases where appeals have lapsed.
54th GST Council Meeting, pages 10–12
9. Clarification on Data Hosting Services
Council clarified that data hosting services provided to foreign cloud companies are exports of services, not intermediary services, and eligible for zero-rated treatment.
54th GST Council Meeting, page 12
10. Waiver of Interest & Penalty (Section 128A)
Council approved implementation of Section 128A providing waiver of interest and penalty for FYs 2017–18 to 2019–20. Related rules, forms (GST SPL-01 to SPL-07), and circulars were approved with effect from 1 November 2024.
54th GST Council Meeting, page 13
11. GST Rate on Specific Goods
Roof-mounted railway AC units classified under HS 8415 at 28%.
Car seats taxed at 28% prospectively.
Snack pellets reduced from 18% to 12%, keeping un-fried pellets at 5%.
Metal scrap under RCM for unregistered suppliers and TDS @ 2% for B2B supply.
Three anti-cancer drugs (Trastuzumab Deruxtecan, Osimertinib, Durvalumab) reduced from 12% to 5%.54th GST Council Meeting, pages 14–18
12. Circular on “As Is Where Is” Basis
Council approved issuing a circular clarifying the scope of regularisation under the phrase “as is where is basis”.
54th GST Council Meeting, page 19
13. Paper Sacks & Bio-friendly Bags
Status quo maintained on GST rate of 18% on paper sacks. Fitment Committee to review proposal for eco-friendly and biodegradable bag category.
54th GST Council Meeting, page 20
14. Other Rate-related Decisions
Agro-shade nets: No change (remains at 5%).
Compressed Bio-Gas (CBG): No change (remains at 5%).
Feedstock for refineries: No change (remains at 18%).
EV parts and battery materials: No rate cut approved; Andhra Pradesh to send detailed proposal.
54th GST Council Meeting, pages 20–21
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