50th GST Council meet to be held in June-end: Agenda for meeting

The upcoming 50th meeting of the Goods and Services Tax Council, scheduled for the end of this month, will deliberate on the establishment of the GST Appellate Tribunal (GSTAT). This tribunal aims to address tax-related conflicts, thereby reducing the workload on the highest judicial bodies.

The establishment of GSTAT has been pending since the inception of the indirect tax system, which will mark its sixth anniversary this July. In March, the Finance Bill 2023 was passed by the Parliament, encompassing amendments related to the formation of GSTAT.

As per the legislation, GSTAT will consist of a “Principal Bench” situated in New Delhi, comprising a President, a judicial member, a technical member (central), and a technical member (state). Additionally, there will be state benches in proportion to the population of the respective states. States with a population below 20 million will have one bench, while those with a population ranging from 20 to 50 million will have two benches.

The national appellate bench will handle disputes between the tax department and assessors regarding the determination of the “place of supply”. However, it will not entertain appeals related to conflicting judgments by state appellate tribunals.

Regarding indirect taxation on online gaming, sources from the Ministry of Finance revealed that the GST Council might discuss the report submitted by the group of ministers on online gaming. The officials also mentioned that they are engaging in discussions with representatives from the Ministry of Electronics and Information Technology (MEITY) regarding the appropriate tax treatment for skill-based and chance-based gaming. Currently, online gaming platforms are liable to pay 18% GST only on the platform fees and not on the total value, which includes prize money.

However, sources within the Finance Ministry state that there are no plans to undertake significant rationalization of GST rates or tax slabs until the Lok Sabha elections in 2024.

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