The new mechanism aims
to focus more on tobacco-related products, where evasion is very high.
The Finance Act 2025 has inserted a new provision
(148A) in the CGST Act 2017. Accordingly, based on the recommendation of the
GST Council, the government may specify the goods and the persons or classes of
persons who are in possession of or deal with such goods to which the Track
& Trace mechanism will be applied. The
new provision will also establish a system for enabling the affixation of
unique identification markings and for the electronic storage and access of
information. This development is a follow-up to a recommendation made by
the GST Council in its meeting on December 21, 2024, in Jaisalmer. The proposed
amendment is based on a recommendation by the GST Council in its meeting last
month. This will provide a legal framework for developing such a system and
will help in the implementation of a mechanism for tracing specified
commodities throughout the supply chain, the recommendation added.
The annual report of
the Directorate General of GST Intelligence for 2023-24 has noted five top
evasion-prone goods as iron, copper, scrap and alloys; pan masala; tobacco,
cigarettes, and bidis; plywood, timber, and paper; and electronic items,
marble, granite, and tiles. However, officials say the proposed amendment is
likely to focus more on tobacco-related products.
The proposed mechanism is based on the World Health
Organization (WHO) protocol to eliminate illicit trade in tobacco products. It
is proposed that all unit packets be required to be marked with a unique
identifier. “The unique identifier may be non-sequential, non-predictable, and
non-repeatable and may be required to be irremovably printed or affixed,
indelible, and clearly visible,” the proposal stated.
The unique identifier, in the form of a
tamper-proof security feature comprising both visible and invisible elements,
should enable the authorities and consumers to verify authenticity. The
requirement may apply to both locally manufactured and imported goods. The
identifier will contain six key pieces of information—date, place, and factory
of manufacture; the machine used in manufacturing; the production shift or time
of manufacture; product description; quantity and maximum retail price; the
intended market of retail sale; and any other relevant information.
Relevant persons involved in the trade of products,
such as manufacturers, dealers, and wholesalers, may be required to record the
movement of such products. The data will be transmitted to an independent
provider appointed by the government or stored on government servers. However,
retailers will not be required to have this system. The data recorded will need to be made available to enforcement
authorities. All manufacturers and importers will be required to enter into a
data storage contract to enable the verification of collected information with
an independent third party approved by the government.
The amendment has also
prescribed a penal provision. This means a violation will lead to a penalty of ₹1 lakh or 10 per
cent of the tax payable on such goods, whichever is higher. Additionally, it
may specify that the cost of implementing the Track & Trace system may be
recovered from the person engaged in the trade through a fee or charge for the
generation of a unique identifier.