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GST Council Meeting #46

46th GST Council Meeting — Textile Rollback & Cess Extension

The 46th Meeting (31 December 2021, Virtual) deferred the controversial textile/footwear rate hike, extended COVID relief measures, and discussed Compensation Cess extension till March 2026 to repay pandemic-era borrowings.

31 Dec 2021
Date
Virtual (Delhi)
Location
Textile Rates
Key Topic
8+
Rate Changes

Key Decisions & Outcomes

Textile Rate Rollback
  • Proposed hike of textiles/footwear from 5% to 12% — POSTPONED
  • States argued hike would hurt weavers, MSMEs, and consumers post-COVID
  • GoM constituted to examine textile rate rationalization holistically
  • Current 5% rate continued until GoM submits final report
COVID Relief Extensions
  • COVID-19 treatment drugs (Tocilizumab, Amphotericin B) — exemption extended till 31 Mar 2022
  • COVID testing kits, vaccines — 5% rate retained (was temporary measure from 45th Meeting)
  • Oxygen concentrators for personal import — 12% concessional rate continued
  • PPE kits, N95 masks, hand sanitizers — reduced rates extended
Compensation Cess Discussion
  • GST Compensation to states — original 5-year period ended June 2022
  • Extension of Compensation Cess levy till March 2026 to repay borrowings
  • ₹1.10 lakh Cr back-to-back loan arrangement for FY21-22 shortfall
  • States demanded full compensation beyond June 2022 — Centre non-committal
Rate Reductions
  • Carbonated fruit beverages with 100% juice content — 28%+12% cess → 12% only
  • Mentha oil — reverse charge mechanism suspended till 2022
  • Unstitched & stitched apparel correction below ₹1,000 remains at 5%
  • Renting of residential property by registered persons — exempt (clarification)
Compliance Simplification
  • Quarterly Return Monthly Payment (QRMP) scheme rationalized
  • Late fee amnesty for GSTR-3B (Jul 2017 – Nov 2021) — max ₹500/₹1,000
  • Extension of due dates for GSTR-9/9C (FY 2020-21) to Feb 2022
  • Auto-population of GSTR-3B from GSTR-1/2B — mandatory from Jan 2022
Sectoral Clarifications
  • Brick kilns — option to pay 6% GST without ITC (special scheme for informal sector)
  • Zari workers — clarified as job work at 5% (not 18% manufacturing)
  • Government contract services — rates clarified for various ministries
  • Coaching/training by charitable trusts — exempt only if registered under 12A/80G

Major Rate Changes

Item / ServiceFromToCondition
Textile/footwear (proposed 12%)5%5% (deferred)Rate hike postponed by GoM
Carbonated fruit juice (100%)28% + Cess12%Must contain 100% fruit juice
Brick kilns (optional scheme)5% w/ITC6% w/o ITCVoluntary composition option
COVID drugs (extended)ExemptExempt (extended)Till 31 March 2022
COVID testing kits5%5% (retained)Originally temporary relief
Renting residential (reg. person)18%ExemptClarification — always exempt
Zari/embroidery work18%5%Classified as job work
Mentha oil RCMRCM applicableRCM suspendedTill further notice

Frequently Asked Questions

Why was the textile rate hike postponed in the 46th Meeting?
The proposed increase from 5% to 12% on textiles and footwear (below ₹1,000) was postponed because: (1) Multiple states including Gujarat, West Bengal, Tamil Nadu, and Rajasthan — major textile manufacturing states — strongly opposed the hike; (2) Post-COVID economic recovery was still fragile, especially for MSMEs and weavers; (3) The hike would increase clothing costs for common people; (4) India's textile export competitiveness would be affected at a time when the sector was recovering. A GoM was constituted to study the issue holistically, including inverted duty structure correction.
What is the GST Compensation Cess extension?
When GST launched (July 2017), states were guaranteed 14% revenue growth for 5 years (till June 2022). A Compensation Cess was levied on luxury/sin goods (tobacco, cars, aerated drinks) to fund shortfalls. Since actual collections fell short (especially during COVID), the Centre borrowed ₹2.69 lakh Cr via back-to-back loans. The 46th Meeting discussed extending the Compensation Cess levy beyond June 2022 till March 2026 — NOT to compensate states further, but to repay the loans taken during 2020-22. States wanted compensation beyond June 2022 too, but the Centre said the constitutional provision only guarantees 5 years.
What COVID-19 relief was extended?
The 46th Meeting extended several COVID-19 GST reliefs originally introduced in the 43rd-45th Meetings: (1) Exemption on COVID drugs (Tocilizumab, Amphotericin B, Remdesivir) till March 2022; (2) 5% rate on vaccines retained; (3) COVID testing kits (RT-PCR, RAT) continued at 5% instead of reverting to 12%; (4) Oxygen concentrators for personal import at 12% (vs 28%); (5) PPE kits and sanitizers at reduced rates. These were significant because India was still dealing with Omicron wave concerns in December 2021.
What is the brick kiln composition scheme?
Brick manufacturing in India is largely informal/rural. The 46th Meeting introduced an optional scheme: brick kilns can choose to pay 6% GST WITHOUT input tax credit (simplified compliance), instead of the regular 5% with ITC. Why? Most brick kilns don't have proper invoices for inputs (clay, coal, labour). Claiming ITC was impractical. The 6% flat rate removes the need for ITC documentation while slightly increasing the rate. This is similar to the Composition Scheme (Section 10) but sector-specific. Over 1.5 lakh brick kilns across India benefit.
When and where was the 46th Meeting held?
The 46th GST Council Meeting was held on 31 December 2021 via video conferencing from New Delhi. It was the last meeting of 2021 and was convened specifically to decide on the textile rate hike which was scheduled to take effect from 1 January 2022. The virtual format was used due to Omicron COVID variant concerns. The meeting was relatively short (single day) as the primary agenda item — textile rates — was quickly deferred after strong state opposition. The next meeting (47th) was held 6 months later in June 2022.

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