03.12.2024: GST GoM on cess likely to seek extension from Council, examining legal aspects

The Group of Ministers (GoM) set up by the Goods and Services Tax (GST) Council to explore taxation mechanisms for luxury and demerit goods post-cess abolition is expected to seek more time to finalise its recommendations. According to sources, the GoM, chaired by Minister of State for Finance Pankaj Chaudhary, is still deliberating on key aspects, particularly legal frameworks.

“The GoM is still mulling over various options and needs additional time to address legal aspects and finalise its proposals,” a source told Moneycontrol. The GoM held its meeting on December 2 in New Delhi.

The GoM was established following the GST Council's 54th meeting in September 2024. It comprises 10 members, including representatives from Assam, Chhattisgarh, Gujarat, Karnataka, Madhya Pradesh, Punjab, Tamil Nadu, Uttar Pradesh, and West Bengal. The panel’s task is to recommend a new taxation structure to replace the compensation cess, which is set to end in March 2026.
“The GST Council in December 21 meeting will discuss the status of the report of GoM on cess. Meanwhile, the GoM on cess may also hold one more meeting ahead of the December 21 GST Council meeting,” another source told Moneycontrol.
The GoM's recommendations hold significant implications for GST's future structure. It must determine whether to continue the cess or introduce additional taxes, define applicable rates, and assess required legislative amendments.
The GoM was initially scheduled to submit its report by December 31, 2023. However, its deliberations are ongoing, with additional legal and procedural complexities to address.

The compensation cess, introduced at the onset of GST, is levied on luxury, sin, and demerit goods over and above the highest GST slab of 28 percent. Its primary purpose was to compensate states for revenue losses post-GST implementation. Initially intended for five years (ending June 2022), the cess was extended until March 2026 to repay Rs 2.69 lakh crore worth of loans taken during the COVID-19 pandemic to cover states' revenue shortfalls. If the loan is repaid earlier, the GoM will also have to decide on the treatment of excess cess collected.

The GST law mandates that any surplus collected in the cess pool thereafter be equally shared between the Centre and states.

Currently, GST operates on a four-tier structure of 5 percent, 12 percent, 18 percent, and 28 percent. The GST law permits a maximum rate of 40 percent.
Source: Money Control 

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