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The GST Council on Saturday, June 22, paved the way for the industry to

seek relief from retrospective demands. Due to a lack of clarity, the industry
has been paying taxes at a rate different from what the government later
prescribed in clear terms. The GST Council approved amendments to the
Goods and Services Tax (GST) law, including a new section 11A. These
amendments are likely to be introduced in the upcoming monsoon session
of Parliament, sources said.

Following Parliament's approval, the section will be implemented through a


notification. This move will enable the council to consider using the rule
whenever and wherever it deems appropriate," they added.

What is Section 11A?

Simply put, this section allows sectors that have paid GST at a lower rate
than what was later applied by GST authorities to seek relief from
retrospective actions or demands. It ensures that the government cannot
levy higher GST rates when a lower rate was paid due to common trade
practices across the industry, not just isolated cases.

Furthermore, this section provides relief from retrospective actions or


demands for lower tax payments made by entire sectors. It empowers the
GST Council to consider refraining from raising retrospective tax demands
where industries paid a lower GST rate due to unclear or unspecified rates.

In addition, the amended GST law will prevent GST refunds or cess in
cases where higher GST payments have already been made. This
measure aims to prevent demands against companies for past compliance
based on prevalent trade practices and tax uncertainties.

Sources say that “After Parliament nod and notification, this Section 11A
can be used after sector-based discussion in GST Council as and when
required.

mlined and predictable tax environment for these industries."

Pratik Jain, Partner, PwC is hopeful that the retrospective exemption may
give relief to online gaming as well.

“I think the government is perhaps contemplating using that provision to


provide relief to certain sectors, perhaps online gaming as well. What has
happened in this Council meeting is that they have now approved the
enabling provision which allows the government to provide retrospective
exemption. That kind of provision was there in a pre-GST era in excise
laws, etc. That was not in the GST law. Now that provision will be there
once the amendment is passed, which is likely to happen in the budget
session.”

MS Mani, Partner-GST, Deloitte India, said, “There is a genuine desire now


on the part of the government to recognise trade practices and business
practices which may not be aligned with GST. And trade practices,
business practices are unique to each industry. It's too much to expect
businesses—all businesses across a sector to change their trade practices
just because the GST law cannot be interpreted in a straitjacketed manner.
Having a provision which says that we henceforth will recognise trade
practices, business practices, provided it is uniform, is to me a great step
that they have taken this time.”

On online gaming, Mani added, “We will obviously have to wait and watch
in terms of what exactly is a notification and how they interpret this for
them.”
First Published: Jun 24, 2024 5:42 PM IST

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