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Typically GST exemption is applicable in three cases – exemption granted to businesses/individuals, exemption granted to goods and GST exemption on services. Businesses and individuals are exempt from GST if their annual aggregate turnover is less than a specific amount. At the time of GST implementation in July 2017, businesses/individuals with annual aggregate turnover of less than Rs. 20 lakhs were allowed GST exemption. A lower limit of Rs. 10 lakhs was in effect for hill states and northeastern states such as Uttarakhand, Himachal Pradesh, Tripura, Sikkim, Nagaland, Mizoram, Meghalaya, Manipur, Assam, Jammu & Kashmir as well as Arunachal Pradesh.
As per decision of the 32nd GST Council meeting held on 10th January 2019, the exemption limit for businesses involved in the supply of goods has been doubled to Rs. 40 lakhs, while for hilly and northeastern states, the new GST exemption limit for goods suppliers is Rs. 20 lakhs. The GST exemption for businesses engaged in supply of services has remained at Rs. 10 lakh for hilly and northeastern states/20 lakhs for all other states.
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The GST Act defines “aggregate turnover” as the aggregate value of all taxable supplies (excluding charges paid on reverse charge mechanism), exempt supplies, inter-state supply of goods as well as all goods and services exported. There are however a few notable exclusions when calculating the aggregate turnover of businesses. The following payouts are excluded from calculation of aggregate turnover:
A number of goods are not taxable under GST and the list of goods eligible for GST exemption is liable to change periodically. However, the reasons for exemption of a good under GST rules may vary depending on whether the good is zero rated, GST exempt, nil rated or considered as a non-GST supply. In a majority of cases, unprocessed goods such as raw silk, etc. are GST exempt however once processed, goods such as readymade apparel made from silk are taxable. Exemption from GST though announced by the government is usually in line with recommendations made by the GST council.
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Supply of a good may not attract GST in the following cases:
In the above cases, the supply of these goods attract zero GST, however, no input tax credit benefit is available to GST registered individuals/businesses for these goods.
Government may decide to implement GST exemption on goods in the following cases:
The GST Act specifies three types of exemption from GST for goods:
Absolute exemption: Supply of the specific good is GST exempt irrespective of who the supplier/receiver is and whether the good is supplied intrastate/interstate.
Conditional exemption: Supply of such goods is GST exempt subject to some specific terms and conditions specified in the GST Act, amendment or notification.
It is notable that SGST or CGST exemption does not immediately grant IGST exemption to the supply of a specific good unless otherwise specified by GST Act, amendment or applicable notification.
The following are some key examples of GST Exempt Goods*:
*The above list is indicative and there are many more goods that qualify for nil GST. The applicable list is as per GST rates correct as of the 1st of January 2019. Use Paisabazaar’s handy GST rate finder tool for the complete list of zero GST goods.
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A number of services too are exempt from GST. It is notable that the GST exemption for businesses involved in the supply of services is Rs. 10 lakh annual turnover for hill/northeastern states and Rs. 20 lakh for other states. The following is a short list of services that qualify for exemption under the GST Act and are classified under the heading “support services to agriculture, forestry, fishing and animal husbandry”:
Some other services that qualify for GST exemption under existing GST Rules are*:
*The above list of nil GST services in indicative and subject to periodic change. Use Paisabazaar’s handy GST rate finder tool for the complete list of nil GST services.