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GST Council Meeting

54th GST Council Meeting — Key Decisions & Impact

The 54th GST Council meeting (September 2024) approved major reforms including cancer drug rate cuts, Section 128A amnesty scheme, Invoice Management System, and retrospective ITC time limit extension.

9 Sep 2024
Date
New Delhi
Venue
6+
Rate Changes
16+
Decisions

Key Decisions

Rate Changes

Namkeen & extruded savory products: Reduced from 18% to 12% GST

Impact: Benefit to FMCG snack manufacturers and consumers

Cancer drugs (Trastuzumab Deruxtecan, Osimertinib, Durvalumab): Reduced to 5% GST

Impact: Significant relief for cancer patients — saves ₹5,000-₹1 lakh per month per patient

Metal scrap: 2% TDS under RCM introduced for B2B supplies by unregistered dealers

Impact: Reduces tax evasion in scrap metal sector

Car and motorcycle seats: Rate increased from 18% to 28%

Impact: Treated as motor vehicle parts — alignment with auto components

Compliance & Process

Invoice Management System (IMS): Approved for rollout from October 2024

Impact: Taxpayers can accept/reject/pending invoices before GSTR-2B auto-population

Mandatory multi-factor authentication for GSTN login

Impact: Enhanced security for taxpayer accounts — phased rollout from 2025

Biometric Aadhaar authentication extended to all states

Impact: Reduces fake/fraudulent GST registrations — earlier limited to Gujarat, Puducherry, Andhra Pradesh

GSTR-1 filing deadline: 13th remains (no change to 10th as proposed)

Impact: Status quo maintained after industry representations

Sector-Specific

Online gaming: 28% on full face value confirmed (review after 6 months of data)

Impact: No change from 53rd Council decision — industry seeking reconsideration

Research & development: GST exemption for R&D services by government/university entities extended

Impact: Continued support for innovation ecosystem

Flying Training Courses (FTCs): Exempted from GST when approved by DGCA

Impact: Aviation training sector relief — reduces cost of pilot training

Ancillary services by GTA (Goods Transport Agency): Loading/unloading by GTA covered under same rate as GTA services

Impact: Simplifies rate determination for logistics

Legal & Structural

Section 128A: Waiver of interest and penalty for FY 2017-18 to 2019-20 demands (non-fraud)

Impact: Massive relief — estimated ₹1.5 lakh crore in disputed demands could be resolved

Retrospective amendment to Section 16(4): ITC time limit extended for FY 2017-18 to 2020-21

Impact: Taxpayers who missed ITC deadline get a second chance — file by 31 March 2025

GSTAT (GST Appellate Tribunal): Recommended appointments in remaining states

Impact: Faster dispute resolution — cases currently stuck without tribunal

GST Compensation Cess: Continue levy until March 2026 for loan repayment

Impact: Luxury/sin goods continue bearing 15-22% additional cess

Rate Changes Summary

Item/ServiceFromToEffective
Namkeen/savory snacks18%12%Immediate
Cancer drugs (3 specific medicines)12%5%Immediate
Car/motorcycle seats18%28%Immediate
Metal scrap (B2B by unregistered)No RCM2% TDS under RCM10 Oct 2024
Flying training courses (DGCA)18%ExemptImmediate
Roof-mounted AC for railways28%18%Immediate

Section 128A — Amnesty Scheme Highlight

The biggest taxpayer relief from the 54th meeting — complete waiver of interest and penalty for non-fraud demand notices:

  • Applies to demand notices under Section 73 (non-fraud) for FY 2017-18, 2018-19, 2019-20
  • Taxpayer must pay only the tax amount — interest and penalty fully waived
  • Deadline to pay and avail waiver: 31 March 2025
  • Covers demands for wrong ITC claims, short payment, classification disputes
  • Does NOT apply to fraud/suppression cases under Section 74
  • Estimated ₹1.5 lakh crore in disputed demands could be resolved

Frequently Asked Questions

When was the 54th GST Council Meeting held?

The 54th GST Council Meeting was held on 9 September 2024 in New Delhi, chaired by Union Finance Minister Smt. Nirmala Sitharaman. All State and Union Territory Finance Ministers participated as members. Key decisions included cancer drug rate cuts, Section 128A amnesty scheme approval, and Invoice Management System rollout.

What is Section 128A approved in the 54th meeting?

Section 128A provides a waiver of interest and penalty for demand notices issued for FY 2017-18, 2018-19, and 2019-20 under Section 73 (non-fraud cases). Taxpayers must pay the tax demand amount by 31 March 2025 to avail the waiver. This benefits thousands of taxpayers with pending demands from the initial GST years.

What rate changes were approved for cancer drugs?

Three cancer drugs were reduced to 5% GST: (1) Trastuzumab Deruxtecan (breast cancer), (2) Osimertinib (lung cancer), and (3) Durvalumab (various cancers). Previously taxed at 12%, this reduction saves patients ₹5,000 to ₹1 lakh per month depending on the drug and dosage.

What is the Invoice Management System (IMS)?

The Invoice Management System (IMS) is a new GSTN feature approved for October 2024 rollout. It allows taxpayers to accept, reject, or keep pending the invoices uploaded by their suppliers in GSTR-1. Only accepted invoices flow into GSTR-2B for ITC claims. This gives buyers more control over their ITC and reduces mismatched credit issues.

Is the 28% GST on online gaming continuing?

Yes. The 54th GST Council confirmed the 28% GST on full face value for online gaming (decided in the 53rd meeting). The Council noted that a 6-month review would be conducted based on collection data. The industry has been seeking reconsideration, arguing the high rate impacts growth, but no change was made.

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