GST classification and rates clarified for commodities, including agriculturist exemptions and packaged versus non packaged food treatment.
Pepper of genus Piper is classifiable under HS 0904 and taxed under the applicable notification; dried pepper and raisins supplied by an agriculturist are exempt from GST under the agriculturist exemption and not liable for registration. Ready-to-eat popcorn mixed with salt and spices is classifiable under HS 2106 90 99 with differential treatment for packaged versus non packaged sales, while sugar mixed popcorn that becomes sugar confectionery is classifiable under HS 1704 90 90. AAC blocks with over 50% fly ash fall under HS 6815. The compensation cess amendment concerning vehicle ground clearance applies from the substitution notification's effective date.

Waiver of interest and penalty: department urged to withdraw appeals limited to interest or penalty when tax paid.
Where the taxpayer has fully paid the tax under demands made under Section 73 and only interest and/or penalty remain in dispute, and the taxpayer otherwise satisfies the conditions of Section 128A and rules, the proper officer may withdraw departmental appeals or accept review-stage orders when the department's appeal concerns only interest calculation or imposition/non-imposition of penalty.

Exemption for import of services by foreign airlines conditioned on designation certification and reciprocity, with GST payable on transport services.
Exemption for import of services by a foreign airline establishment from a related person without consideration is conditional: GST must be paid on transport of goods and passengers; the establishment must be certified as a designated carrier under bilateral air services agreements; and certification must confirm reciprocal absence of equivalent taxation on designated Indian carriers. A list of designated foreign airlines and comments from Indian carriers have been provided and the material is posted for field formation guidance.

Late fee applicability for delayed GST annual filing: fee runs until the complete return including reconciliation statement is filed.
Late fee under section 47 applies to delay in furnishing the complete annual return under section 44, comprising FORM GSTR-9 and, where required by threshold, FORM GSTR-9C. The annual return is incomplete if a required FORM GSTR-9C is not filed with FORM GSTR-9. Late fee is computed from the due date until the date the complete annual return is furnished and is not leviable separately for delayed furnishing of each form. A specified waiver covers excess late fee for certain years if FORM GSTR-9C is filed by the prescribed cutoff, with no refunds for fees already paid.

GST on penal charges: penal charges by regulated entities are not subject to GST; sectoral exemptions and regularizations follow.
Penal charges levied by Regulated Entities in compliance with RBI directions are treated as charges for breach of contract and not consideration; hence no GST is payable on such penal charges. RBI regulated Payment Aggregators that handle settlement into escrow qualify as "acquiring bank" for the exemption on settlement of amounts up to two thousand rupees per card transaction, limited to settlement functions; Payment Gateways are excluded. Various historical GST liabilities on specified services by government research providers, skilling training partners, renting to composition taxpayers, electricity ancillary services, and cultural institutes are regularized on an "as is where is" basis for identified intervening periods.

GST regularisation on co insurance premium apportionment and reinsurance commission treated as non supply, regularised retrospectively.
Specified insurance transactions are treated as neither supply under Schedule III where (a) lead insurer apportionment of co insurance premium is conditional on the lead insurer paying all applicable central, state/UT and integrated taxes on the full premium, and (b) ceding/reinsurance commission deducted from reinsurance premium is conditional on the reinsurer paying all applicable central, state/UT and integrated taxes on the gross reinsurance premium inclusive of such commission; GST payment for these transactions is regularized retrospectively from 01.07.2017 to 31.10.2024 on an "as is where is" basis.

Grounds of arrest must be provided in writing to the arrested person enabling defence and bail consideration.
The grounds of arrest must be explained to the arrested person and furnished to him in writing as an Annexure to the Arrest Memo, and acknowledgement of the same should be taken from the arrested person at the time of service of the Arrest Memo.

Voucher transactions not a supply under GST; underlying redemptions taxable, agent commissions and ancillary services taxable.
Transactions in vouchers are not themselves taxable supplies: where a voucher qualifies as an RBI recognised pre paid instrument it is treated as money, and where not so recognised it is an actionable claim; in both cases vouchers are neither supply of goods nor supply of services, while redemption of vouchers for underlying goods or services remains taxable. Principal to principal trading in vouchers is not leviable to GST, agent commissions/fees are taxable as services, ancillary services are taxable, and amounts attributable to unredeemed vouchers (breakage) are not taxable.

Place of supply of online services: suppliers must record recipient State on invoices, making recipient location the supply point.
Suppliers of online/digital services, including OIDAR services and supplies via electronic commerce operators, must record the State name of unregistered recipients on the tax invoice irrespective of value; that State name shall be deemed the recipient's address on record for determining the place of supply under section 12(2)(b) of the IGST Act, making the recipient's location the place of supply. Suppliers must collect recipient State details prior to supply, report recipient location in outward supplies in Form GSTR 1/1A, and may face penalties for non compliance.

Input tax credit availability: deemed receipt at supplier's premises allows claiming credit under Ex Works delivery, subject to entitlement conditions.
A registered person is deemed to have received goods where the supplier delivers them to a recipient or any other person on the recipient's direction, including handing goods to a transporter at the supplier's premises; under Ex Works contracts this means a dealer may avail input tax credit when the OEM hands vehicles to the transporter at the factory gate, subject to entitlement conditions such as use in the course of business and denial where goods are diverted or later lost, stolen, destroyed, written off, gifted or supplied as free samples.

Input tax credit rules: electronic commerce operators cannot use ITC to discharge notified-supplier liabilities and must pay from cash ledger.
Where an electronic commerce operator is liable to pay tax as if it were the supplier of notified services supplied through its platform, it is not required to reverse input tax credit proportionately for inputs and input services used for such notified supplies. The input tax credit availed for such inputs and input services cannot be utilised to discharge the tax liability arising from the notified supplies, which must be paid through the electronic cash ledger. However, that credit may be used to discharge tax liabilities in respect of supplies made by the ECO on its own account.

GST Council approved legislative amendments, retrospective clarifications, IMS integration and an enabling Track & Trace provision for evasion prone goods.
The Council recommended retrospective amendment to replace "plant or machinery" with "plant and machinery" in section 17(5)(d) w.e.f. 01.07.2017, retrospective insertion of clause for SEZ/FTWZ warehoused goods in Schedule III with no refunds where tax was already paid, and insertion of an enabling provision and penal sanction for a Track and Trace Mechanism for specified evasion prone commodities, with procedural rules to follow after technology finalisation.

All India adjudication jurisdiction expanded for DGGI show cause notices; specified Additional/Joint Commissioners to adjudicate per allocation table.
Additional and Joint Commissioners of Central Tax of specified Commissionerates are authorized with All India jurisdiction to adjudicate DGGI show cause notices under the substituted notification effective 1 December 2024. Principal Commissioners/Commissioners will allocate Adjudication (DGGI cases) to empowered Additional/Joint Commissioners. Where multiple noticees span Commissionerates, the notice(s) shall be adjudicated by the empowered adjudicator corresponding to the principal place of business of the noticee with the highest tax demand, irrespective of amount; rules for subsequently issued notices and corrigendum for pre-effect notices are prescribed.

Refund restriction clarification: pre-deposit refunds for appeals decided for taxpayers remain exempt from the new restriction.
Clarifies that the refund restriction in the Finance (No. 2) Act, 2024 does not apply to refunds of amounts paid as pre-deposit when filing appeals under the CGST appellate provisions where those appeals are decided in the taxpayer's favour.

Waiver of interest or penalty requires full tax payment by the notified date and prescribed electronic application to qualify.
Section 128A waiver applies to demands under section 73 for specified past periods provided the taxpayer pays the full tax demanded (after permitted deductions for amounts no longer payable due to retrospective amendments to Section 16) and files the prescribed electronic application (FORM GST SPL 01 or FORM GST SPL 02) within notified timelines. Payments for pending notices are to be made via FORM GST DRC 03 and demand orders against ELR Part II (with adjustment via FORM GST DRC 03A where applicable). ITC may be utilised subject to exceptions; interest/penalty already recovered is not adjustable. Processing, hearing, and final orders are to follow specified forms and timelines, and any departmental enhancement on appeal must be paid within the stipulated period or the waiver will lapse.

Retrospective input tax credit entitlement extended; taxpayers may seek electronic rectification under prescribed procedure, refunds restricted.
Clarifies implementation of retrospectively inserted sub-section (5) and sub-section (6) of section 16 of the CGST Act extending entitlement to input tax credit for specified past years and revoked-registration cases; directs authorities to recognise these provisions at investigative, adjudicatory, revisional and appellate stages and to pass appropriate orders. Introduces a special rectification procedure under section 148 via Notification No. 22/2024 for affected taxpayers to apply electronically within six months, requires prescribed annexure details, mandates decision by the original officer (ordinarily within three months) with natural justice safeguards, and reiterates that section 150 of the Finance Act bars refunds of tax paid or credits reversed, subject to refund of successful appeal pre-deposits.

As is where is basis: acceptance of declared lower-rate GST payments as full discharge, no refunds to higher-rate payers.
The circular clarifies that where GST Council-directed regularisation on an "as is" or "as is, where is" basis addresses competing rates or interpretational doubt, the tax position declared in a taxpayer's returns at the lower or nil rate for the regularised period is treated as full discharge of liability, while taxpayers who paid the higher rate are not entitled to refunds; the regularisation does not protect taxpayers who paid no tax when the higher rate is held applicable, and applicable tax shall be recovered from nonpayers.

GST classification: revised rates and tariff headings for extruded snacks, RMPU air conditioners and vehicle seats take effect prospectively.
Clarification directs that extruded/expanded savoury snack products manufactured by extrusion are subject to 12% GST prospectively while un fried or un cooked extruded snack pellets remain at 5%, with past periods liable at 18%. Roof Mounted Package Unit air conditioners for railways are classified as air conditioning machines and attract the rate applicable to that heading. Seats for two wheelers are classifiable as two wheeler parts attracting the higher rate; car seat assemblies are reclassified to the higher rate prospectively. Field formations must implement and report difficulties.

Taxability of affiliation services: universities' affiliation taxable while government schools' board affiliation exempt, with past liabilities regularised.
Affiliation services by universities to colleges are taxable and not covered by the educational exemption. Affiliation by Central/State boards to schools is taxable, with supplies to government schools exempt from the notified date; past GST on such affiliation to all schools is regularized on an as is where is basis. DGCA approved flying training courses with mandated completion certificates qualify as exempt education services. Ancillary services by GTAs during road transport form part of a composite supply unless supplied independently and invoiced separately.

GSTN portal mapping and de-mapping controls tightened to ensure immediate removal of relieved officers and accountability in supervision.
Systemic improvement is directed for mapping and de-mapping of officers on the GSTN portal to prevent continued portal access after an officer has been relieved from charge. The instruction requires immediate de-mapping on execution of the GFR-33, supervisory monitoring by senior officers, submission of compliance reports within the prescribed time, and clear responsibility and accountability of the officers concerned with mapping and un-mapping on the GSTN portal.