Major GST Amendments in the Finance Bill 2025

GST Amendments

The Finance Bill 2025 proposes 11 significant amendments to Goods and Services Tax (GST) provisions, aiming to rectify anomalies, introduce new compliance measures, and clarify legal ambiguities. These changes, effective from April 2025, impact input tax credit (ITC) distribution, tax compliance, and procedural aspects of GST.

1. ITC Distribution for Reverse Charge Transactions

Clause 116, 120 | Effective: April 1, 2025
  • Expands the scope of Input Service Distributors (ISD) to include IGST paid on reverse charge transactions.

  • This correction addresses previous limitations in ITC distribution for inter-state supplies under Sections 5(3) and 5(4) of the IGST Act.

2. Clarification on Local Authority Definition

Clause 116 | Effective: Prospectively from enactment
  • The terms ‘Municipal Fund’ and ‘Local Fund’ are explicitly defined.

  • Covers funds managed by local government bodies in municipal and panchayat areas, reinforcing the scope of local authorities under GST.

3. Implementation of Track-and-Trace Mechanism

Clause 116, 126, 127 | Effective: Prospectively from enactment
  • A unique identification system will be introduced for specified commodities.

  • Businesses dealing with these goods must affix secure, non-removable digital marks or stamps.

  • Non-compliance could result in penalties of Rs. 1 lakh or 10% of tax payable, whichever is higher.

4. Removal of Special Time-of-Supply Rules for Vouchers

Clause 117, 118 | Effective: Prospectively from enactment
  • Aligns the taxability of vouchers with the underlying goods/services instead of treating them separately.

  • Time of supply provisions will now follow the general GST framework under Sections 12 and 13 of the CGST Act.

5. Retrospective ITC Disallowance for Construction of Plant or Machinery

Clause 119 | Effective: July 1, 2017 (Retrospective)
  • Overrides the Apex Court’s ruling in ‘Safari Retreats’ regarding ITC claims for plant and machinery.

  • ITC on construction of land and buildings is explicitly disallowed, possibly inviting legal challenges.

6. Tax Reduction for Outward Supply Contingent on ITC Reversal by Recipient

Clause 121 | Effective: Prospectively from enactment
  • Ensures that suppliers can only reduce tax liability if the recipient reverses the corresponding ITC.

  • Addresses cases where credit notes issued for post-sale discounts were being misused.

7. Changes to GSTR-2B Under IMS Initiative

Clause 122 | Effective: Prospectively from enactment
  • GSTR-2B statements will no longer be auto-generated but can be regenerated by taxpayers.

  • Adds inclusivity in ITC reporting by modifying Section 38(2).

8. Enabling Clause for GSTR-3B Filing Conditions

Clause 123 | Effective: Prospectively from enactment
  • Introduces conditions and restrictions for filing GSTR-3B returns to streamline compliance.

9. Mandatory 10% Pre-Deposit for Penalty Appeals Before Appellate Authority

Clause 124 | Effective: Prospectively from enactment
  • Imposes a 10% pre-deposit for cases involving only penalties (excluding tax amounts).

  • Previously, such pre-deposits applied only to e-way bill violations.

10. Mandatory 10% Pre-Deposit for Appeals Before Appellate Tribunal

Clause 125 | Effective: Prospectively from enactment
  • Extends the 10% pre-deposit requirement to penalty-only cases heard by the Appellate Tribunal.

11. Clarification on SEZ/FTZWZ Warehoused Goods

Clause 128, 129 | Effective: July 1, 2017 (Retrospective)
  • Clarifies that goods warehoused in Special Economic Zones (SEZ) or Free Trade Warehousing Zones (FTZWZ) before export or Domestic Tariff Area (DTA) clearance do not qualify as supplies of goods or services.

  • This aligns GST treatment with the Special Economic Zones Act 2005.

These amendments seek to enhance compliance, improve tracking mechanisms, and close legal loopholes in GST provisions. However, retrospective changes, especially concerning ITC disallowance, may be subject to judicial review. Businesses should assess the impact of these changes and ensure timely compliance with the new regulations.

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