20/07/2022
Trust you are fine !!!
Please find below some important changes in GST rates on the recommendations of 47th GST Council meeting which are notified now:
1. Composite supply (works contract) now taxable @ 18% w.e.f. 18.07.2022: i. Related to roads, bridges, railways, metro (earlier taxed @12%)
ii. Supplied to central and state government, local authorities for historical monuments, canals, dams, pipelines, hospitals and sub- contract thereof (earlier taxed @12%)
iii. Supplied to central and state governments, union territories & local authorities involving predominantly earth work and sub- contracts thereof (earlier taxed @5%)
2. Hotel accommodation having value of supply up to Rs. 1,000 per room per day was earlier exempted from GST. W.e.f. 18.07.2022, the same is now taxed @ 12%. Consequently, room tariff up to Rs. 7,500/- per day will now be taxable @12% and there will not be any exemption to economical rooms now.
3. W.e.f. 18.07.2022, GTA service provider needs to make declaration before jurisdiction officer each year to confirm whether he is acting under forward charge or not. If he has opted for forward charge then on all transactions (including supply made to specified receiver on which RCM is made applicable till 17.07.2022), GST will be charged. Time limit upto 16th August 2022 has been prescribed to make declaration for FY 2022-23 to pay tax as per new provision.
Now, two options have been allowed to GTA to pay tax:
i. Under RCM @5% without ITC or
ii. Under Forward Charge @5% without ITC or @12% with ITC.
In case opting to pay tax under forward charge, ‘Tax invoice’ required to be raised by GTA. The following declaration is to be made on the face of invoice:
“Declaration I/we have taken registration under the CGST Act, 2017 and have exercised the option to pay tax on services of GTA in relation to transport of goods supplied by us during the Financial Year _____ under forward charge.”.
Definition: ‘Hotel accommodation’ means supply, by way of accommodation in
hotels, inns, guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes including the supply of time share usage rights by
way of accommodation.
Definition: “goods transport agency” means any person who provides service in
relation to transport of goods by road and issues consignment note, by whatever
name called;
Exemption granted earlier to GTA services on following categories are withdrawn:
a. Transportation of goods in a single carriage - consideration up to Rs.1,500/- b. Transportation of goods to single consignee - consideration up to Rs.750/-
Now, above will also be under the scope of GST and tax will be applicable as discussed above w.e.f. 18.07.2022.
4. Renting of goods carriage where the cost of fuel is included in the consideration charged from the service recipient is now taxable @12% instead of @18%.
5. W.e.f. 18.07.2022, service provided by clinical establishment by way of providing room having charges exceeding Rs. 5,000/- per day will be taxable @5%. Turning point comes in a way that no ITC is admissible to such establishment thereby making the health care service costly to person receiving the same. Taxable rooms do not include ICU, CCU, ICCU and NICU and thereby give some breathing space to patient.
6. The services of ‘Renting of residential dwelling for use as residence’ if provided to GST registered person will be taxable and the tax shall be payable under RCM basis by the receiver (any) who is registered in GST and @18%.
Trust you will find it useful.
Definition: ‘clinical establishment’ means, - a hospital, nursing home, clinic, sanatorium or any other institution by, whatever name called, that offers services or facilities requiring diagnosis or treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognised system of medicines in India, or a place established as an independent entity or a part of an establishment to carry out diagnostic or investigative services of diseases;