GST: Going Still Tough

Goods and Service Tax – GST – By: – Abhishek Jaju – Dated:- 27-11-2009 Last Replied Date:- 30-12-1899 – November 10, 2009 was much like an anticipated momentous day with the industry and professionals hoping a Pandora box to open. Now the discussion paper on GST has been in the public domain for quite an amount of time and the views from the industry have started pouring in. The arrival of this paper is slated to become one of the historic events in the taxation history of the country. Bringing in tax sector reforms has been on the radar of the present Central Government. The draft Direct tax code is already out and inviting reactions/ suggestions from cross sections of the country. And now the other big thing is on Indirect tax front- con

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

tional Institute of Public Finance and Policy, prepared by a team led by Dr. Bagchi. In recommending a state VAT, the Bagchi report clearly recognized that it would not be the perfect or first best solution to the problems of the domestic trade tax regime in a multi- government framework but that was the only feasible option at that hour. · Journey of Value Added Tax in India: 01.03.1986 Introduction of MODVAT on selected no. of commodities 2002-03 CENVAT covered all the commodities CCR, 2004 (w.e.f. 10.09.04) Service tax/ Excise Duty adjustment available 01.04.2005 Implementation of state level VAT (in most of the states

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

anufacturing to retail …. The fact that inter adjustment of CGST and SGST would not be allowed is bit disturbing in context with the FM's speech. Also the issue of set off of input IGST against output CGST is not very clear. The paper failed to throw light on the essentials like- · Rates of taxes · Threshold limit for services · Time Schedule for bringing in the draft, constitutional amendment, state laws · Bringing in consensus among the states · Manner of taxing inter-state services Essentially GST is a single rate structure and would have been phenomenal step if tax at single rate was levied with the sharing of revenue between states and centre based on range of parameters. Bringing in two co

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ISSUES IN CEMENT INDUSTRY UNDER GST REGIME

ISSUES IN CEMENT INDUSTRY UNDER GST REGIME – Goods and Service Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 22-11-2009 Last Replied Date:- 10-12-2009 – The Cement industry, being a core sector industry, producing the basic construction material essential for any construction activity, be it infrastructure, hospitals, housing, community development projects etc., plays a lead role in country's economic development and hence deserves due support from the Governments – central and states, for its healthy growth. Proposed GST Goods and Services Tax (GST) proposed from 1.4.2010 seeks to ensure simple and unambiguous tax laws, would replace taxes such as Octroi, Central Sales Tax, Turnover Tax, Tax on Consumption or Sale of Electricity, Tax on Transport of Goods and Services and elimiante cascading effects of multiple layers of taxation system presently in vogue. It should aim at facilitating seamless credit across the entire supply chain and across all states under a common tax base.

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Cement Industry vis- a-vis GST It is expected that the transition to GST would impact the cement industry due to certain issues that may need due consideration by the Central Government, and Empowered Committee and suitably addressed. In case of the cement industry, the following issues need special mention- (a) Value Added Tax – VAT provisions of different State's VAT Acts have different definitions for Capital Goods and varied number of installments in which credit may be availed. Now when the GST regime is proposed, and being deliberated upon, it is felt that the levy should be uniform and the rules/ regulations must be such that the inter – state trade and business can flow unhindered. Therefore, there should be uniformity in definition/treatment for GST across all the States. (b) Role of States -With proposed freedom to each State to legislate, levy and administer State GST (as announced by Finance Minister in Budget), there is a fear of it resulting in different treatment of

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

mestone by 40% by the Ministry of Mines (up to ₹ 65 per tonne ) all over the country which adds to the production cost of cement substantially . Royalty should be therefore, considered as a tax to be included in GST structure to receive credit . (d) Fuel and Power – Electricity Duty is imposed all over the country, both on grid supply and captive power generation. The cement industry is an energy intensive industry and all its operations, from raw materials preparations till cement grinding, require huge consumption of electric power. In India, most of the cement units have their installed captive power generation facilities due to erratic grid power supplies. Industry experience suggest that around 80- 90 units of electric power is needed to produce one tonne of cement. High fuel prices increase the cost of cement production. It is worth mentioning that power and fuel cost comprises more than 50 percent of the total cost of cement production. The cost being high, it is desirable

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Good Transactions under Goods and Services Tax

Goods and Service Tax – GST – By: – Pradeep Jain – Dated:- 18-11-2009 Last Replied Date:- 30-12-1899 – Prepared By: – CA Pradeep Jain, Sukhvinder Kaur, LLB (FYIC) Siddharth Rutiya Introduction: – The indirect tax regime in India is evolving into GST in the year 2010. The steps towards introduction of GST have commenced. The Empowered Committee of State Finance Ministers has introduced the First Discussion Paper on GST in India on November 10, 2009. A dual structure of Central GST (CGST) and State GST (SGST) is proposed to be imposed on the manufacture of goods and on provision of services. A continuous chain of set-off from the original producer's point and service provider's point upto the retailer's level would be established which would eliminate the burden of all cascading effects. For sale or services transactions between two states (inter-state), the Government has proposed to impose Inter State GST (IGST) which will include both CGST and SGST. Between the Inter-stat

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

e scope of IGST model, as discussed in First Discussion Paper, is that the IGST will be levied by the Centre and it would be CGST plus SGST on all inter-state transactions of taxable goods and services. It is proposed that the inter-state seller will pay IGST on value addition after adjusting available credit of IGST, CGST and SGST on his purchases. The Exporting state will transfer to the Centre the credit of SGST used in payment of IGST. The Importing dealer will claim credit of IGST while discharging his output tax liability in his own State. The Centre will transfer to the importing State the credit of IGST used in payment of SGST. The major advantages of IGST Model as per discussion paper are as under: Maintenance of uninterrupted ITC chain on inter-State transactions. – No upfront payment of tax or substantial blockage of funds for the inter-state seller or buyer. – No refund claim in exporting State, as ITC is used up while paying the tax. – Self monitoring model. – Level of co

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

er says that the service provider exemption from CGST should be kept high as currently they are enjoying exemption of ₹ 10 Lakhs. But there is no hint given for exemption limit for service providers from SGST. Even the discussion paper brings out a peculiar situation wherein the State Authorities will be empowered under their respective state GST statutes to exempt various goods that are of peculiar nature looking to the specificity existing in that state. If such a power is being granted to the states then the situation will be that certain goods will be exempted by SGST in that state, however, CGST will be levied on those products. Thus, it is clear that there will be separate exemption for CGST and SGST. Further, if the CGST is exempt then the assessee will not be allowed to take the credit of CGST. Similarly, if the SGST is exempt then credit of the same will not be allowed. Now, suppose an assessee is granted exemption from CGST but SGST is applicable, then the credit of CGS

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ayable and credit of the same is available. As such, everyone intends to purchase the goods from inside the state. Although it is very premature to say as only discussion paper is published for the GST but we have prepared the article on our understanding of the said paper. Looking to the recommendations as depicted in the discussion paper the situation as picturized by us in this article seems to be more factual but nothing can be expressed with utmost certainty as the law and GST code is yet to be released by the Government. Before Parting: – Thus, from the above discussion, the inter-state transactions appear to be more beneficial to the assessee who is providing output service or is manufacturing final product. This is because the assessee will not be paying the tax in cash and will be able to utilize the credit of IGST to do so. The views expressed by us in this article are the views as understood by us while analyzing the recommendations of Empowered Committee of State Finance Mi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

INDIA’S GOODS AND SERVICES EXPORTS TO DOUBLE BY 2014: ANAND SHARMA INDUSTRIAL OUTPUT EXPANDS BY 10.4% IN AUGUST 2009 CONSULTATIVE COMMITTEE OF COMMERCE AND INDUSTRY MEETS

Dated:- 12-11-2009 – Shri Anand Sharma, Union Minister of Commerce & Industry, during his interaction with the Members of the Parliamentary Consultative Committee attached to his Ministry, here today, stated that even in the difficult times, we would like to achieve an annual export growth of 15% over 2010-11 and added that in the remaining three years, the country should be able to come back on the high export growth path of around 25% per annum. The Minister informed the Members that by 2014, India s exports of goods and services are expected to be doubled while the long term policy objective is to double India s share in global trade by 2020. The Members who attended the Meeting were: S/Shri Harin Pathak, G.M. Siddeshwara, Chandu Lal Sahu, Kristappa Nimmala, M. Srinivasulu Reddy, Sharad A Joshi, T.K. Rangarajan, N.R. Govindarajar and Y.P. Trivedi. Shri Jyotiraditya M Scindia, Minister of State for Commerce and Industry; Dr. Rahul Khullar, Commerce Secretary; Shri Ajay Shankar,

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ill doing well. To meet the objective of sustained growth in exports, Shri Sharma said our endeavour is to have a policy environment through a mix of measures including fiscal incentives, institutional changes, procedural rationalization, efforts for enhanced market access across the world and diversification of export markets. With this background, I have announced the New Foreign Trade Policy, 2009-14 on 27th August 09 giving special thrust to the employment oriented sectors which have witnessed job losses in the wake of recession especially in the field of textiles, leather, handicrafts, etc . As regards industrial slowdown witnessed during 2008-09, Shri Sharma said that it was generally widespread, affecting all the three key segments of the industry viz., mining, manufacturing and electricity and added that the deceleration was sharp in the the manufacturing sector. The Minister pointed out that the government has announced a lot of incentives to many labour-intensive industries.

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

acilities etc. They also desired to know about the WTO related issues and the impact on Indian industry due to agreement with ASEAN. Some of the Members emphasized that effort should be made for achieving the export target fixed in the present scenario of continuous decline in exports and limited revival of demand in developed economies. They suggested that Ministry should come out with assessment of job losses in the wake of continuing downturn, particularly for gems and jewellery units in Surat and Textile Units in Tirupur and to examine the need to frame incentives linked to job protection and job creation. The Members stressed that the new initiatives taken in FTP, particularly the Export Promotion Schemes which are currently provided for two years, need to be continued for at least 5 years to ensure stability and confidence in the exporting community for sustained growth in exports. Replying to the suggestions of the Members present, the Minister informed that Agreement with ASEAN

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

First Discussion paper on GST: – Old Wine in New Bottle

Goods and Service Tax – GST – By: – Pradeep Jain – Dated:- 12-11-2009 Last Replied Date:- 13-11-2009 – The article by: CA Pradeep Jain Siddharth Rutiya Visit us at: www.capradeepjain.com Empowered Committee of State Finance Ministers has recently issued the First Discussion paper on Goods and Service tax in India dated November 10, 2009. The complete analysis (as provided under this article later on) signifies a situation wherein there has been no change in the current tax structure. Presently the Excise duty is levied at Central level and VAT is levied at state level, both of these taxonomies have their own administration authorities, their own statues governing them, even further the taxpayer is required to maintain separate records for the two of these, file separate return for each, he is not allowed to cross adjust the tax credit between the two and many more. The similar situation is with the GST model as picturised by the discussion paper. There will be dual tax structure CGST

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

the issues relating to the said taxonomy. But still we are reproducing hereunder the highlights of the Discussion paper as follows: – > There will be a Federal system with the objective of having an overall harmonious structure of rates. > GST shall have two components: one levied by Centre referred to as Central GST, and other levied by the States referred to as State GST. > The dual GST model will be implemented through multiple statutes, one for CGST and SGST statute for every State. > CGST and SGST will be applicable to all transactions of goods and services except the exempted goods and services. > CGST and SGST are to be paid to the accounts of the Centre and the States separately. > Taxes paid against the CGST / SGST shall be allowed to be taken as input tax credit (ITC) for CGST / SGST and could be utilized only against the payment of CGST / SGST respectively. > Cross utilization of ITC between the CGST and SGST would not be allowed except in case of inter

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

g Central Taxes should be subsumed under GST: > Central Excise Duty > Additional Excise Duties > The Excise Duty levied under the Medicinal and Toiletries Preparation Act > Service Tax > Additional Customs Duty, commonly known as Countervailing Duty (CVD) > Special Additional Duty of Customs – 4% (SAD) > Surcharges, and > Cesses. Following State taxes and levies would be subsumed under GST: > VAT / Sales tax > Entertainment tax (unless it is levied by the local bodies). > Luxury tax > Taxes on lottery, betting and gambling. > State Cesses and Surcharges in so far as they relate to supply of goods and services. > Entry tax not in lieu of Octroi. The introduction of Discussion paper on GST by Empowered Committee has drawn us to the conclusion that there will remain a tri structure tax regime in the GST model wherein the tax will be levied as Central GST or State GST or Inter-State transactions of GST i.e. IGST. Each of these will be administered

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

? The Empowered Committee has not specified the threshold exemption limit applicable to services under CGST. However they have clarified that the same will be in conformity with the existing threshold exemption of ₹ 10 Lakhs. The question is still unanswered and we hope to get the limits clarified by the Government very soon. > IGST (Inter-state transaction of GST) levy will be equal to CGST plus SGST, thus the same will be single rates of separate records are to be maintained in this respect also? It has been clarified that the IGST credit will be allowed to be set off against IGST, CGST or SGST payable by the taxpayer. In the current scenario CST is levied on interstate sale of goods, but the dealers aren't allowed to avail the credit of the same and they are emphasizing on the scenario to buy the goods from within the state so as to avail the credit of VAT. However in this new tax regime the IGST will be levied at the rate which will be equal to CGST plus SGST, this lea

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ed on Petroleum Products? As far as petroleum products are concerned, the discussion paper has clarified that the basket of petroleum products, i.e. crude, motor spirit (including ATF) and HSD would be kept outside GST. Sales Tax will be continued to be levied by the States on these products with prevailing floor rate and similarly, Centre will also continue its levies. > Reduction of non Cenvatable duty on imports! In the present scenario Basic Customs duty along with Customs education cess and Customs Secondary and higher education cess are charged on the value of the imports which are non Cenvatable but in the GST tax regime only Basic Customs duty will be leviable which will be non Cenvatable rest all levies will be covered under GST. This will lead to cheaper imports. > The dual GST model would be implemented through multiple statutes one for CGST and SGST statute for every State. Different statues will govern the SGST levy. This will lead to non uniformity in the tax struct

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

First Discussion Paper On Goods and Services Tax In India

Goods and Services Tax – GST – Dated:- 10-11-2009 – Also see: Report of Task Force on Implementation of GST dated 15.12.2009 First Discussion Paper On Goods and Services Tax In India The Empowered Committee Of State Finance Ministers New Delhi, November 10, 2009 Foreword If the Value Added Tax (VAT) is considered to be a major improvement over the pre-existing Central excise duty at the national level and the sales tax system at the State level, then the Goods and Services Tax (GST) will be a further significant breakthrough – the next logical step – towards a comprehensive indirect tax reform in the country. Keeping this overall objective in view, an announcement was made by Shri P. Chidambaram, the then Union Finance Minister in the Central Budget (2007-2008) to the effect that GST would be introduced from April 1, 2010 and that the Empowered Committee of State Finance Ministers, on his request, would work with the Central Government to prepare a road map for introduction of GST in

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

nment of India were received on December 12, 2008 and were duly considered by the Empowered Committee (December 16, 2008). It was decided that a Committee of Principal Secretaries/Secretaries of Finance/Taxation and Commissioners of Trade Taxes of the States would be set up to consider these comments, and submit their views. These views were submitted and were accepted in principle by the Empowered Committee (January 21, 2009). Consequent upon this in-principle acceptance, a Working Group, consisting of the concerned officials of the State Governments was formed who, in close association with senior representatives of the Government of India, submitted their recommendations in detail on the structure of GST. An important interaction has also recently taken place between Shri Pranab Mukherjee, the Union Finance Minister and the Empowered Committee (October 19, 2009) on the related issue of compensation for loss of the States on account of phasing out of CST. The Empowered Committee has

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

in the end an Annexure on Frequently Asked Questions and Answers. This Discussion Paper has been the result of truly collective efforts on the basis of hardwork of all the concerned officials of the States, the officials of Empowered Committee Secretariat and the Adviser and officials of the Union Finance Ministry, the counsel and active participation of Finance Ministers and concerned Senior Ministers of the States at each stage, and the encouragement and advice of the Union Finance Minister. With the release of this First Discussion Paper and the Annexure on Frequently Asked Questions and Answers, we now sincerely invite interaction with the representatives of industry, trade, agriculture and common people. This interaction and campaign will immediately start at the national level and at the State levels. As a part of this interaction, we look forward to receiving the views of industry, trade, agriculture as well as consumers in a time-bound manner. Asim Kumar Dasgupta Chairman, Empo

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

road map for introduction of GST in India. After this announcement, the Empowered Committee of State Finance Ministers decided to set up a Joint Working Group (May 10, 2007), with the then Adviser to the Union Finance Minister and Member-Secretary of the Empowered Committee as its Co-convenors and concerned four Joint Secretaries of the Department of Revenue of Union Finance Ministry and all Finance Secretaries of the States as its members. This Joint Working Group got itself divided into three Sub-Groups and had several rounds of internal discussions as well as interaction with experts and representatives of Chambers of Commerce & Industry. On the basis of these discussions and interaction, the Sub-Groups submitted their reports which were then integrated and consolidated into the report of Joint Working Group (November 19, 2007). 1.3 This report was discussed in detail in the meeting of the Empowered Committee on November 28, 2007, and the States were also requested to communicat

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

y 21, 2009). As a follow-up of this in-principle acceptance, a Working Group consisting of the concerned officials of the State Governments was formed who, in association with senior representatives of Government of India, submitted their recommendations in detail on the structure of GST. An important interaction has also recently taken place between Shri Pranab Mukherjee, the Union Finance Minister and the Empowered Committee (October 19, 2009) on the related issue of compensation for loss of the States on account of phasing out of CST. The Empowered Committee has now taken a detailed view on the recommendations of the Working Group of officials and other related matters. This detailed view is now presented in terms of the First Discussion Paper, along with an Annexure on Frequently Asked Questions and Answers on GST, for discussion with industry, trade, agriculture and people at large. Since the GST at the Centre and States would be a further improvement over the VAT, a brief recalli

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

of sales tax system, a set-off is given from tax burden not only for input tax paid but also for tax paid on previous purchases. With VAT, the problem of tax on tax and related burden of cascading effect is thus removed. Furthermore, since the benefit of set-off can be obtained only if tax is duly paid on inputs (in the case of Central VAT), and on both inputs and on previous purchases (in the case of State VAT), there is a built-in check in the VAT structure on tax compliance in the Centre as well as in the States, with expected results in terms of improvement in transparency and reduction in tax evasion. For these beneficial effects, VAT has now been introduced in more than 150 countries, including several federal countries. In Asia, it has now been introduced in almost all the countries. 1.6 In India, VAT was introduced at the Central level for a selected number of commodities in terms of MODVAT with effect from March 1, 1986, and in a step-by-step manner for all commodities in ter

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

was also an unhealthy competition among the States in terms of sales tax rates – so-called rate war – often resulting in, revenue-wise, a counter-productive situation. 1.8 It is in this background that attempts were made by the States to introduce a harmonious VAT in the States, keeping at the same time in mind the issue of sovereignty of the States regarding the State tax matters. The first preliminary discussion on State-level VAT took place in a meeting of Chief Ministers convened by Dr. Manmohan Singh, the then Union Finance Minister in 1995. In this meeting, the basic issues on VAT were discussed in general terms and this was followed up by periodic interactions of State Finance Ministers. Thereafter, in a significant meeting of all the Chief Ministers, convened on November 16, 1999 by Shri Yashwant Sinha, the then Union Finance Minister, two important decisions, among others, were taken. First, before the introduction of State-level VAT, the unhealthy sales tax rate war among the

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

aching this stage, steps were initiated for systematic preparation for introduction of State-level VAT. In order again to avoid any unhealthy competition among the States which may lead to distortions in manufacturing and trade, attempts have been made from the very beginning to harmonise the VAT design in the States, keeping also in view the distinctive features of each State and the need for federal flexibility. This has been done by the States collectively agreeing, through discussions in the Empowered Committee, to certain common points of convergence regarding VAT, and allowing at the same time certain flexibility to accommodate the local characteristics of the States. In the course of these discussions, references to the Tenth Five Year Plan Report of the Advisory Group on Tax Policies & Tax Administration (2001) and the report of Kelkar (Chairman) Task Force were helpful. 1.11 Along with these measures, steps were taken for necessary training, computerization and interaction

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

cation of GST 1.13 Despite this success with VAT, there are still certain shortcomings in the structure of VAT both at the Central and at the State level. The shortcoming in CENVAT of the Government of India lies in non-inclusion of several Central taxes in the overall framework of CENVAT, such as additional customs duty, surcharges, etc., and thus keeping the benefits of comprehensive input tax and service tax set-off out of reach for manufacturers/ dealers. Moreover, no step has yet been taken to capture the value-added chain in the distribution trade below the manufacturing level in the existing scheme of CENVAT. The introduction of GST at the Central level will not only include comprehensively more indirect Central taxes and integrate goods and service taxes for the purpose of set-off relief, but may also lead to revenue gain for the Centre through widening of the dealer base by capturing value addition in the distributive trade and increased compliance. 1.14 In the existing State-

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

int upto the retailer's level is established which reduces the burden of all cascading effects. This is the essence of GST, and this is why GST is not simply VAT plus service tax but an improvement over the previous system of VAT and disjointed service tax. However, for this GST to be introduced at the State-level, it is essential that the States should be given the power of levy of taxation of all services. This power of levy of service taxes has so long been only with the Centre. A Constitutional Amendment will be made for giving this power also to the States. Moreover, with the introduction of GST, burden of Central Sales Tax (CST) will also be removed. The GST at the State-level is, therefore, justified for (a) additional power of levy of taxation of services for the States, (b) system of comprehensive set-off relief, including set-off for cascading burden of CENVAT and service taxes, (c) subsuming of several taxes in the GST and (d) removal of burden of CST. Because of the rem

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

T in view, an announcement was made by the then Union Finance Minister in the Union Budget, as mentioned before, to the effect that GST would be introduced from April 1, 2010, and that the Empowered Committee of State Finance Ministers would work with the Central Government to prepare a road map for introduction of the GST. After this announcement, the Empowered Committee, as stated earlier, had set up a Joint Working Group which submitted a report on a model and road map for GST. After accommodating the views of the States appropriately on this report, the views of the Empowered Committee on the model and road map were sent to the Government of India on 30th April, 2008. The comments of the Government of India were received on 12th December, 2008. These comments were duly considered by the Empowered Committee in its meeting held on 16th December, 2008 and it was decided that a Committee of Principal Secretaries/Secretaries (Finance/Taxation) and Commissioners of Trade Taxes should con

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

banks. It was also decided that the senior representatives from the Government of India may also be associated. The Working Group deliberated on the issues on 10th February, 2009 and decided to form three Sub Working Groups to deliberate each item in depth. The Reports of the Working Group on the three issues have already been received, and the Empowered Committee has taken a view on these recommendations for concluding the details of GST structure. 2.2 While making this preparation of GST, it was also necessary, as mentioned earlier, to phase out the CST, because it did not carry any set-off relief and there was a distortion in the VAT regime due to export of tax from one State to other State. The Empowered Committee accordingly took a decision to phase out CST on the understanding with the Centre that, since phasing out of CST would result in a loss of revenue to the States on a permanent basis, an appropriate mechanism to compensate the States for such loss would be worked out. The

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ervices Tax, the views received from the States and Government of India, a dual GST structure with defined functions and responsibilities of the Centre and the States is recommended. An appropriate mechanism that will be binding on both the Centre and the States would be worked out whereby the harmonious rate structure along with the need for further modification could be upheld, if necessary with a collectively agreed Constitutional Amendment. Salient features of the proposed model are as follows: (i) The GST shall have two components: one levied by the Centre (hereinafter referred to as Central GST), and the other levied by the States (hereinafter referred to as State GST). Rates for Central GST and State GST would be prescribed appropriately, reflecting revenue considerations and acceptability. This dual GST model would be implemented through multiple statutes (one for CGST and SGST statute for every State). However, the basic features of law such as chargeability, definition of tax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Central GST. The same principle will be applicable for the State GST. A taxpayer or exporter would have to maintain separate details in books of account for utilization or refund of credit. Further, the rules for taking and utilization of credit for the Central GST and the State GST would be aligned. (v) Cross utilization of ITC between the Central GST and the State GST would not be allowed except in the case of inter-State supply of goods and services under the IGST model which is explained later. (vi) Ideally, the problem related to credit accumulation on account of refund of GST should be avoided by both the Centre and the States except in the cases such as exports, purchase of capital goods, input tax at higher rate than output tax etc. where, again refund/adjustment should be completed in a time bound manner. (vii) To the extent feasible, uniform procedure for collection of both Central GST and State GST would be prescribed in the respective legislation for Central GST and State

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

d that the threshold for Central GST for goods may be kept at ₹ 1.5 crore and the threshold for Central GST for services may also be appropriately high. It may be mentioned that even now there is a separate threshold of services (Rs. 10 lakh) and goods (Rs. 1.5 crore) in the Service Tax and CENVAT. (x) The States are also of the view that Composition/ Compounding Scheme for the purpose of GST should have an upper ceiling on gross annual turnover and a floor tax rate with respect to gross annual turnover. In particular, there would be a compounding cut-off at ₹ 50 lakh of gross annual turn over and a floor rate of 0.5% across the States. The scheme would also allow option for GST registration for dealers with turnover below the compounding cut-off. (xi) The taxpayer would need to submit periodical returns, in common format as far as possible, to both the Central GST authority and to the concerned State GST authorities. (xii) Each taxpayer would be allotted a PAN-linked taxpa

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ervices at one end and the consumption of goods and services at the other. (iii) The subsumation should result in free flow of tax credit in intra and inter-State levels. (iv) The taxes, levies and fees that are not specifically related to supply of goods & services should not be subsumed under GST. (v) Revenue fairness for both the Union and the States individually would need to be attempted. 3.4 On application of the above principles, it is recommended that the following Central Taxes should be, to begin with, subsumed under the Goods and Services Tax: (i) Central Excise Duty (ii) Additional Excise Duties (iii) The Excise Duty levied under the Medicinal and Toiletries Preparation Act (iv) Service Tax (v) Additional Customs Duty, commonly known as Countervailing Duty (CVD) (vi) Special Additional Duty of Customs – 4% (SAD) (vii) Surcharges, and (viii) Cesses. Following State taxes and levies would be, to begin with, subsumed under GST: (i) VAT / Sales tax (ii) Entertainment tax (u

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

lic beverages as per the existing practice. In case it has been made Vatable by some States, there is no objection to that. Excise Duty, which is presently being levied by the States may not be also affected. Tax on Tobacco products: Tobacco products would be subjected to GST with ITC. Centre may be allowed to levy excise duty on tobacco products over and above GST without ITC. Tax on Petroleum Products: As far as petroleum products are concerned, it was decided that the basket of petroleum products, i.e. crude, motor spirit (including ATF) and HSD would be kept outside GST as is the prevailing practice in India. Sales Tax could continue to be levied by the States on these products with prevailing floor rate. Similarly, Centre could also continue its levies. A final view whether Natural Gas should be kept outside the GST will be taken after further deliberations. Taxation of Services : As indicated earlier, both the Centre and the States will have concurrent power to levy tax on all go

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ices. The inter-State seller will pay IGST on value addition after adjusting available credit of IGST, CGST, and SGST on his purchases. The Exporting State will transfer to the Centre the credit of SGST used in payment of IGST. The Importing dealer will claim credit of IGST while discharging his output tax liability in his own State. The Centre will transfer to the importing State the credit of IGST used in payment of SGST. The relevant information will also be submitted to the Central Agency which will act as a clearing house mechanism, verify the claims and inform the respective governments to transfer the funds. The major advantages of IGST Model are: a) Maintenance of uninterrupted ITC chain on inter-State transactions. b) No upfront payment of tax or substantial blockage of funds for the inter-State seller or buyer. c) No refund claim in exporting State, as ITC is used up while paying the tax. d) Self monitoring model. e) Level of computerization is limited to inter-State dealers

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

r the Government of India may adopt, to begin with, a similar approach towards exempted list under the CGST. The States are of the view that for CGST relating to goods, the Government of India may also have a two-rate structure, with conformity in the levels of rate under the SGST. For taxation of services, there may be a single rate for both CGST and SGST. The exact value of the SGST and CGST rates, including the rate for services, will be made known duly in course of appropriate legislative actions. 3.7 Zero Rating of Exports Exports would be zero-rated. Similar benefits may be given to Special Economic Zones (SEZs). However, such benefits will only be allowed to the processing zones of the SEZs. No benefit to the sales from an SEZ to Domestic Tariff Area (DTA) will be allowed. 3.8 GST on Imports: The GST will be levied on imports with necessary Constitutional Amendments. Both CGST and SGST will be levied on import of goods and services into the country. The incidence of tax will fol

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

-State transactions, the major responsibilities of IT infrastructural requirement will be shared by the Central Government through the use of its own IT infrastructure facility. The issues of tying up the State Infrastructure facilities with the Central facilities as well as further improvement of the States' own IT infrastructure, including TINXSYS, is now to be addressed expeditiously and in a time bound manner. 3.11 Constitutional Amendments, Legislations and Rules for administration of CGST and SGST It is essential to have Constitutional Amendments for empowering the States for levy of service tax, GST on imports and consequential issues as well as corresponding Central and State legislations with associated rules and procedures. With these specific tasks in view, a Joint Working Group has recently been constituted (September 30, 2009) comprising of the officials of the Central and State Governments to prepare, in a time bound manner a draft legislation for Constitutional Amend

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

during implementation of GST Despite the sincere attempts being made by the Empowered Committee on the determination of GST rate structure, revenue neutral rates, it is difficult to estimate accurately as to how much the States will gain from service taxes and how much they will lose on account of removal of cascading effect, payment of input tax credit and phasing out of CST. In view of this, it would be essential to provide adequately for compensation for loss that might emerge during the process of implementation of GST for the next five years. This issue may be comprehensively taken care of in the recommendations of the Thirteenth Finance Commission. The payment of this compensation will need to be ensured in terms of special grants to be released to the States duly in every month on the basis of neutrally monitored mechanism. 3.15 With the release of this First Discussion Paper and the Annexure on Frequently Asked Questions and Answers on GST, interaction with the representatives

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ding effect by giving set-off for tax paid on inputs as well as tax paid on previous purchases and has again been an improvement over the previous sales tax regime. But both the CENVAT and the State VAT have certain incompleteness. The incompleteness in CENVAT is that it has yet not been extended to include chain of value addition in the distributive trade below the stage of production. It has also not included several Central taxes, such as Additional Excise Duties, Additional Customs Duty, Surcharges etc. in the overall framework of CENVAT, and thus kept the benefits of comprehensive input tax and service tax set-off out of the reach of manufacturers/ dealers. The introduction of GST will not only include comprehensively more indirect Central taxes and integrate goods and services taxes for set-off relief, but also capture certain value addition in the distributive trade. Similarly, in the present State-level VAT scheme, CENVAT load on the goods has not yet been removed and the casca

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ral and State taxes will get subsumed into GST which will reduce the multiplicity of taxes, and thus bring down the compliance cost. With GST, the burden of CST will also be phased out. Thus GST is not simply VAT plus service tax, but a major improvement over the previous system of VAT and disjointed services tax – a justified step forward. Question 2. What is GST? How does it work ? Answer : As already mentioned in answer to Question 1, GST is a tax on goods and services with comprehensive and continuous chain of set-off benefits from the producer's point and service provider's point upto the retailer's level. It is essentially a tax only on value addition at each stage, and a supplier at each stage is permitted to set-off, through a tax credit mechanism, the GST paid on the purchase of goods and services as available for set-off on the GST to be paid on the supply of goods and services. The final consumer will thus bear only the GST charged by the last dealer in the suppl

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

5 from his gross GST of ₹ 16 paid to wholeseller. Thus, the manufacturer, wholeseller and retailer have to pay only ₹ 6 (= ₹ 3+Rs. 2+Re. 1) as GST on the value addition along the entire value chain from the producer to the retailer, after setting-off GST paid at the earlier stages. The overall burden of GST on the goods is thus much less. This is shown in the table below. The same illustration will hold in the case of final service provider as well. Table Stage of supply chain Purchase value of Input Value addition Value at which supply of goods and services made to next stage Rate of GST GST on output Input Tax credit Net GST= GST on output – Input tax credit Manufacturer 100 30 130 10% 13 10 13-10 = 3 Whole seller 130 20 150 10% 15 13 15-13 = 2 Retailer 150 10 160 10% 16 15 16-15 = 1 Question 3 : How can the burden of tax, in general, fall under GST ? Answer : As already mentioned in Answer to Question 1, the present forms of CENVAT and State VAT have remained incom

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ossibility of lowering of average tax burden. Question 4 : How will GST benefit industry, trade and agriculture ? Answer : As mentioned in Answer to Question 3, the GST will give more relief to industry, trade and agriculture through a more comprehensive and wider coverage of input tax set-off and service tax set-off, subsuming of several Central and State taxes in the GST and phasing out of CST. The transparent and complete chain of set-offs which will result in widening of tax base and better tax compliance may also lead to lowering of tax burden on an average dealer in industry, trade and agriculture. Question 5 : How will GST benefit the exporters? Answer : The subsuming of major Central and State taxes in GST, complete and comprehensive set­off of input goods and services and phasing out of Central Sales Tax (CST) would reduce the cost of locally manufactured goods and services. This will increase the competitiveness of Indian goods and services in the international market and

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

small traders and small scale industries and to avoid dual control, the States considered that the threshold for Central GST for goods may be kept at ₹ 1.5 crore and the threshold for services should also be appropriately high. This raising of threshold will protect the interest of small traders. A Composition scheme for small traders and businesses has also been envisaged under GST as will be detailed in Answer to Question 14. Both these features of GST will adequately protect the interests of small traders and small scale industries. Question 7 : How will GST benefit the common consumers? Answer : As already mentioned in Answer to Question 3, with the introduction of GST, all the cascading effects of CENVAT and service tax will be more comprehensively removed with a continuous chain of set-off from the producer's point to the retailer's point than what was possible under the prevailing CENVAT and VAT regime. Certain major Central and State taxes will also be subsumed in

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

xcept the exempted goods and services, goods which are outside the purview of GST and the transactions which are below the prescribed threshold limits. (iii) The Central GST and State GST are to be paid to the accounts of the Centre and the States separately. (iv) Since the Central GST and State GST are to be treated separately, in general, taxes paid against the Central GST shall be allowed to be taken as input tax credit (ITC) for the Central GST and could be utilized only against the payment of Central GST. The same principle will be applicable for the State GST. (v) Cross utilisation of ITC between the Central GST and the State GST would, in general, not be allowed. (vi) To the extent feasible, uniform procedure for collection of both Central GST and State GST would be prescribed in the respective legislation for Central GST and State GST. (vii) The administration of the Central GST would be with the Centre and for State GST with the States. (viii) The taxpayer would need to submit

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

rs prescribed in the Constitution for which they need to raise resources. A dual GST will, therefore, be in keeping with the Constitutional requirement of fiscal federalism. Question 10 : How would a particular transaction of goods and services be taxed simultaneously under Central GST (CGST) and State GST (SGST)? Answer : The Central GST and the State GST would be levied simultaneously on every transaction of supply of goods and services except the exempted goods and services, goods which are outside the purview of GST and the transactions which are below the prescribed threshold limits. Further, both would be levied on the same price or value unlike State VAT which is levied on the value of the goods inclusive of CENVAT. While the location of the supplier and the recipient within the country is immaterial for the purpose of CGST, SGST would be chargeable only when the supplier and the recipient are both located within the State. Illustration I : Suppose hypothetically that the rate o

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

the rate of CGST is 10% and that of SGST is 10%. When an advertising company located in Mumbai supplies advertising services to a company manufacturing soap also located within the State of Maharashtra for, let us say ₹ 100, the ad company would charge CGST of ₹ 10 as well as SGST of ₹ 10 to the basic value of the service. He would be required to deposit the CGST component into a Central Government account while the SGST portion into the account of the concerned State Government. Of course, he need not again actually pay ₹ 20 (Rs. 10+Rs. 10) in cash as it would be entitled to set-off this liability against the CGST or SGST paid on his purchase (say, of inputs such as stationery, office equipment, services of an artist etc). But for paying CGST he would be allowed to use only the credit of CGST paid on its purchase while for SGST he can utilise the credit of SGST alone. In other words, CGST credit cannot, in general, be used for payment of SGST. Nor can SGST cred

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

tempted. On application of the above principles, the Empowered Committee has recommended that the following Central Taxes should be, to begin with, subsumed under the Goods and Services Tax: (i) Central Excise Duty (ii) Additional Excise Duties (iii) The Excise Duty levied under the Medicinal and Toiletries Preparation Act (iv) Service Tax (v) Additional Customs Duty, commonly known as Countervailing Duty (CVD) (vi) Special Additional Duty of Customs – 4% (SAD) (vii) Surcharges, and (viii) Cesses. The following State taxes and levies would be, to begin with, subsumed under GST: (i) VAT / Sales tax (ii) Entertainment tax (unless it is levied by the local bodies). (iii) Luxury tax (iv) Taxes on lottery, betting and gambling. (v) State Cesses and Surcharges in so far as they relate to supply of goods and services. (vi) Entry tax not in lieu of Octroi. Purchase tax: Some of the States felt that they are getting substantial revenue from Purchase Tax and, therefore, it should not be subsumed

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ts: As far as petroleum products are concerned, it was decided that the basket of petroleum products, i.e. crude, motor spirit (including ATF) and HSD would be kept outside GST as is the prevailing practice in India. Sales Tax could continue to be levied by the States on these products with prevailing floor rate. Similarly, Centre could also continue its levies. A final view whether Natural Gas should be kept outside the GST will be taken after further deliberations. Taxation of Services : As indicated earlier, both the Centre and the States will have concurrent power to levy tax on goods and services. In the case of States, the principle for taxation of intra-State and inter­State has already been formulated by the Working Group of Principal Secretaries /Secretaries of Finance / Taxation and Commissioners of Trade Taxes with senior representatives of Department of Revenue, Government of India. For inter-State transactions an innovative model of Integrated GST will be adopted by ap

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ay be a single rate for both CGST and SGST. The exact value of the SGST and CGST rates, including the rate for services, will be made known duly in course of appropriate legislative actions. Question 13: What is the concept of providing threshold exemption for GST? Answer : Threshold exemption is built into a tax regime to keep small traders out of tax net. This has three-fold objectives: a) It is difficult to administer small traders and cost of administering of such traders is very high in comparison to the tax paid by them. b) The compliance cost and compliance effort would be saved for such small traders. c) Small traders get relative advantage over large enterprises on account of lower tax incidence. The present thresholds prescribed in different State VAT Acts below which VAT is not applicable varies from State to State. A uniform State GST threshold across States is desirable and, therefore, as already mentioned in Answer to Question 6, it has been considered that a threshold of

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

s annual turnover. In particular there will be a compounding cut-off at ₹ 50 lakhs of the gross annual turnover and the floor rate of 0.5% across the States. The scheme would allow option for GST registration for dealers with turnover below the compounding cut-off. Question 15 : How will imports be taxed under GST ? Answer : With Constitutional Amendments, both CGST and SGST will be levied on import of goods and services into the country. The incidence of tax will follow the destination principle and the tax revenue in case of SGST will accrue to the State where the imported goods and services are consumed. Full and complete set-off will be available on the GST paid on import on goods and services. Question 16 : Will cross utilization of credits between goods and services be allowed under GST regime? Answer : Cross utilization of credit of CGST between goods and services would be allowed. Similarly, the facility of cross utilization of credit will be available in case of SGST. Ho

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ting State the credit of IGST used in payment of SGST. The relevant information is also submitted to the Central Agency which will act as a clearing house mechanism, verify the claims and inform the respective governments to transfer the funds. The major advantages of IGST Model are: a) Maintenance of uninterrupted ITC chain on inter-State transactions. b) No upfront payment of tax or substantial blockage of funds for the inter-State seller or buyer. c) No refund claim in exporting State, as ITC is used up while paying the tax. d) Self monitoring model. e) Level of computerisation is limited to inter-State dealers and Central and State Governments should be able to computerise their processes expeditiously. f) As all inter-State dealers will be e-registered and correspondence with them will be by e-mail, the compliance level will improve substantially. g) Model can take 'Business to Business' as well as 'Business to Consumer' transactions into account. Question 18 : Why

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Frequently Asked Questions and Answers on GST [FAQ on GST]

Dated:- 10-11-2009 – Frequently Asked Questions and Answers on GST Question 1 : What is the justification of GST ? Answer : There was a burden of tax on tax in the pre-existing Central excise duty of the Government of India and sales tax system of the State Governments. The introduction of Central VAT (CENVAT) has removed the cascading burden of tax on tax to a good extent by providing a mechanism of set off for tax paid on inputs and services upto the stage of production, and has been an improvement over the pre-existing Central excise duty. Similarly, the introduction of VAT in the States has removed the cascading effect by giving set-off for tax paid on inputs as well as tax paid on previous purchases and has again been an improvement over the previous sales tax regime. But both the CENVAT and the State VAT have certain incompleteness. The incompleteness in CENVAT is that it has yet not been extended to include chain of value addition in the distributive trade below the stage of pr

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

the burden of Central Sales Tax (CST) on inter-State movement of goods has been lessened with reduction of CST rate from 4% to 2%, this burden has also not been fully phased out. With the introduction of GST at the State level, the additional burden of CENVAT and services tax would be comprehensively removed, and a continuous chain of set-off from the original producer's point and service provider's point upto the retailer's level would be established which would eliminate the burden of all cascading effects, including the burden of CENVAT and service tax. This is the essence of GST. Also, major Central and State taxes will get subsumed into GST which will reduce the multiplicity of taxes, and thus bring down the compliance cost. With GST, the burden of CST will also be phased out. Thus GST is not simply VAT plus service tax, but a major improvement over the previous system of VAT and disjointed services tax – a justified step forward. Question 2. What is GST? How does it

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

manufacturing process. The manufacturer will then pay net GST of ₹ 3 after setting-off ₹ 10 as GST paid on his inputs (i.e. Input Tax Credit) from gross GST of ₹ 13. The manufacturer sells the goods to the wholeseller. When the wholeseller sells the same goods after making value addition of (say), ₹ 20, he pays net GST of only ₹ 2, after setting-off of Input Tax Credit of ₹ 13 from the gross GST of ₹ 15 to the manufacturer. Similarly, when a retailer sells the same goods after a value addition of (say) ₹ 10, he pays net GST of only Re.1, after setting-off ₹ 15 from his gross GST of ₹ 16 paid to wholeseller. Thus, the manufacturer, wholeseller and retailer have to pay only ₹ 6 (= ₹ 3+Rs. 2+Re. 1) as GST on the value addition along the entire value chain from the producer to the retailer, after setting-off GST paid at the earlier stages. The overall burden of GST on the goods is thus much less. This is shown in the

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

plete in removing fully the cascading burden of taxes already paid at earlier stages. Besides, there are several other taxes, which both the Central Government and the State Government levy on production, manufacture and distributive trade, where no set-off is available in the form of input tax credit. These taxes add to the cost of goods and services through tax on tax which the final consumer has to bear. Since, with the introduction of GST, all the cascading effects of CENVAT and service tax would be removed with a continuous chain of set-off from the producer's point to the retailer's point, other major Central and State taxes would be subsumed in GST and CST will also be phased out, the final net burden of tax on goods, under GST would, in general, fall. Since there would be a transparent and complete chain of set-offs, this will help widening the coverage of tax base and improve tax compliance. This may lead to higher generation of revenues which may in turn lead to the p

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

give boost to Indian exports. The uniformity in tax rates and procedures across the country will also go a long way in reducing the compliance cost. Question 6 : How will GST benefit the small entrepreneurs and small traders? Answer : The present threshold prescribed in different State VAT Acts below which VAT is not applicable varies from State to State. The existing threshold of goods under State VAT is ₹ 5 lakhs for a majority of bigger States and a lower threshold for North Eastern States and Special Category States. A uniform State GST threshold across States is desirable and, therefore, the Empowered Committee has recommended that a threshold of gross annual turnover of ₹ 10 lakh both for goods and services for all the States and Union Territories may be adopted with adequate compensation for the States (particularly, the States in North-Eastern Region and Special Category States) where lower threshold had prevailed in the VAT regime. Keeping in view the interest of

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST and CST will be phased out. Other things remaining the same, the burden of tax on goods would, in general, fall under GST and that would benefit the consumers. Question 8 : What are the salient features of the proposed GST model? Answer : The salient features of the proposed model are as follows: (i) Consistent with the federal structure of the country, the GST will have two components: one levied by the Centre (hereinafter referred to as Central GST), and the other levied by the States (hereinafter referred to as State GST). This dual GST model would be implemented through multiple statutes (one for CGST and SGST statute for every State). However, the basic features of law such as chargeability, definition of taxable event and taxable person, measure of levy including valuation provisions, basis of classification etc. would be uniform across these statutes as far as practicable. (ii) The Central GST and the State GST would be applicable to all transactions of goods and services e

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

periodical returns to both the Central GST authority and to the concerned State GST authorities. (ix) Each taxpayer would be allotted a PAN-linked taxpayer identification number with a total of 13/15 digits. This would bring the GST PAN-linked system in line with the prevailing PAN-based system for Income tax facilitating data exchange and taxpayer compliance. The exact design would be worked out in consultation with the Income-Tax Department. (x) Keeping in mind the need of tax payers convenience, functions such as assessment, enforcement, scrutiny and audit would be undertaken by the authority which is collecting the tax, with information sharing between the Centre and the States. Question 9 : Why is Dual GST required ? Answer : India is a federal country where both the Centre and the States have been assigned the powers to levy and collect taxes through appropriate legislation. Both the levels of Government have distinct responsibilities to perform according to the division of powe

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

f CGST is 10% and that of SGST is 10%. When a wholesale dealer of steel in Uttar Pradesh supplies steel bars and rods to a construction company which is also located within the same State for , say ₹ 100, the dealer would charge CGST of ₹ 10 and SGST of ₹ 10 in addition to the basic price of the goods. He would be required to deposit the CGST component into a Central Government account while the SGST portion into the account of the concerned State Government. Of course, he need not actually pay ₹ 20 (Rs. 10 + ₹ 10 ) in cash as he would be entitled to set-off this liability against the CGST or SGST paid on his purchases (say, inputs). But for paying CGST he would be allowed to use only the credit of CGST paid on his purchases while for SGST he can utilize the credit of SGST alone. In other words, CGST credit cannot, in general, be used for payment of SGST. Nor can SGST credit be used for payment of CGST. Illustration II: Suppose, again hypothetically, that

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

it be used for payment of CGST. Question 11 : Which Central and State taxes are proposed to be subsumed under GST ? Answer : The various Central, State and Local levies were examined to identify their possibility of being subsumed under GST. While identifying, the following principles were kept in mind: (i) Taxes or levies to be subsumed should be primarily in the nature of indirect taxes, either on the supply of goods or on the supply of services. (ii) Taxes or levies to be subsumed should be part of the transaction chain which commences with import/ manufacture/ production of goods or provision of services at one end and the consumption of goods and services at the other. (iii) The subsumation should result in free flow of tax credit in intra and inter-State levels. (iv) The taxes, levies and fees that are not specifically related to supply of goods & services should not be subsumed under GST. (v) Revenue fairness for both the Union and the States individually would need to be at

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

under GST while majority of the States were of the view that no such exemptions should be given. The difficulties of the foodgrain producing States was appreciated as substantial revenue is being earned by them from Purchase Tax and it was, therefore, felt that in case Purchase Tax has to be subsumed then adequate and continuing compensation has to be provided to such States. This issue is being discussed in consultation with the Government of India. Tax on items containing Alcohol: Alcoholic beverages would be kept out of the purview of GST. Sales Tax/VAT could be continued to be levied on alcoholic beverages as per the existing practice. In case it has been made Vatable by some States, there is no objection to that. Excise Duty, which is presently levied by the States may not also be affected. Tax on Tobacco products: Tobacco products would be subjected to GST with ITC. Centre may be allowed to levy excise duty on tobacco products over and above GST with ITC. Tax on Petroleum Produc

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

propriately aligning and integrating CGST and IGST. Question 12 : What is the rate structure proposed under GST ? Answer : The Empowered Committee has decided to adopt a two-rate structure -a lower rate for necessary items and items of basic importance and a standard rate for goods in general. There will also be a special rate for precious metals and a list of exempted items. For upholding of special needs of each State as well as a balanced approach to federal flexibility, it is being discussed whether the exempted list under VAT regime including Goods of Local Importance may be retained in the exempted list under State GST in the initial years. It is also being discussed whether the Government of India may adopt, to begin with, a similar approach towards exempted list under the CGST. For CGST relating to goods, the States considered that the Government of India might also have a two-rate structure, with conformity in the levels of rate with the SGST. For taxation of services, there m

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

gross annual turnover of ₹ 10 lakh both for goods and services for all the States and Union Territories might be adopted with adequate compensation for the States (particularly, the States in North-Eastern Region and Special Category States) where lower threshold had prevailed in the VAT regime. Keeping in view the interest of small traders and small scale industries and to avoid dual control, the States also considered that the threshold for Central GST for goods may be kept ₹ 1.5 Crore and the threshold for services should also be appropriately high. Question 14 : What is the scope of composition and compounding scheme under GST? Answer : As already mentioned in Answer to Question 6, a Composition/Compounding Scheme will be an important feature of GST to protect the interests of small traders and small scale industries. The Composition/Compounding scheme for the purpose of GST should have an upper ceiling on gross annual turnover and a floor tax rate with respect to gros

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

wever, the cross utilization of CGST and SGST would generally not be allowed except in the case of inter-State supply of goods and services under the IGST model which is explained in answer to the next question. Question 17 : How will be Inter-State Transactions of Goods and Services be taxed under GST in terms of IGST method ? Answer : The Empowered Committee has accepted the recommendation for adoption of IGST model for taxation of inter-State transaction of Goods and Services. The scope of IGST Model is that Centre would levy IGST which would be CGST plus SGST on all inter-State transactions of taxable goods and services. The inter-State seller will pay IGST on value addition after adjusting available credit of IGST, CGST, and SGST on his purchases. The Exporting State will transfer to the Centre the credit of SGST used in payment of IGST. The Importing dealer will claim credit of IGST while discharging his output tax liability in his own State. The Centre will transfer to the impor

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

does introduction of GST require a Constitutional Amendment? Answer : The Constitution provides for delineation of power to tax between the Centre and States. While the Centre is empowered to tax services and goods upto the production stage, the States have the power to tax sale of goods. The States do not have the powers to levy a tax on supply of services while the Centre does not have power to levy tax on the sale of goods. Thus, the Constitution does not vest express power either in the Central or State Government to levy a tax on the 'supply of goods and services'. Moreover, the Constitution also does not empower the States to impose tax on imports. Therefore, it is essential to have Constitutional Amendments for empowering the Centre to levy tax on sale of goods and States for levy of service tax and tax on imports and other consequential issues. As part of the exercise on Constitutional Amendment, there would be a special attention to the formulation of a mechanism for

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

FM’s speech at meeting of Empowered Committee of State Finance Ministers on GST

FM’s speech at meeting of Empowered Committee of State Finance Ministers on GST – Dated:- 10-11-2009 – Following is the text of speech delivered by Finance Minister Shri Pranab Mukherjee at the meeting of the Empowered Committee of State Finance Minister here today: Dr. Asim Dasgupta, Chairman, Empowered Committee, Shri Sushil Modi, Deputy Chief Minister of Bihar, State Finance Ministers and friends! It gives me great pleasure to be here on this occasion when the Empowered Committee under the dynamic leadership of Dr. Asim Dasgupta is releasing its First Discussion Paper on the proposed Goods and Services Tax (GST). At the outset, let me whole-heartedly congratulate all of you for giving shape and form to an idea whose time, I believe, has truly come. We have indeed travelled a long way from the time the announcement was first made in 2006 by the then UPA Government to launch a comprehensive GST in the country by the 1st of April, 2010. At that stage, many of you were preoccupied with

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Centre and others by the States. Each of these taxes applies to a narrow base both in terms of the economic activity it covers e.g. manufacture, sale, entry, entertainment etc. and the range of goods and services it applies to. While the base for many of these taxes overlaps, each is an island in terms of flow of input credit. The output tax is allowed to be adjusted against tax already paid on inputs only in a few cases. Then, there is a variety of exemptions meant to serve multiple socio-economic objectives. As a consequence, high rates of tax are required to be imposed to generate a given amount of revenue. As tax collectors, we may draw comfort from the fact that we manage to generate the targeted revenues. But there are questions that beg an urgent response. First, are collections made in the most efficient manner and do they match the potential? Second, what is the hidden burden of taxes in the form of cascading and double taxation? Third, why is our tax structure so complex and

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

mptions to a small list of essential items which impact the common man. To the extent possible, the exemption lists of the States and the Central Government are in alignment; (ii) The rates of tax of CGST and SGST taken together are moderate; (iii) The rates of tax of SGST and exemptions from SGST are uniform throughout the country so that a given set of goods and services invites the same tax treatment in every State; (iv) The input credit chain is seamless covering the entire value chain from manufacturing to retail without breaks regardless of whether goods or services are supplied within a State or across State boundaries; (v) As far as possible, every transaction in the tax net bears both CGST and SGST; (vi) The tax treatment of goods and services is similar; (vii) The Central and State levies are fully neutralized in the case of exports (out of India); and (viii) The procedures are simple and harmonized between the Centre and the States. I am confident that the model proposed in

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

that insistence on strict adherence to mutually-agreed rates would impact the fiscal autonomy of States. To begin with, the canvas of fiscal policy is much wider than taxation and goals of public policy are as effectively met through the expenditure side of the budget. Even within the realm of taxation, the belief that the only degree of freedom available to us for enhancing revenues is by changing the rates of tax is a somewhat limited view. There is enormous scope for augmenting revenue collections by improving our tax collection machinery and the delivery of taxpayer services. There is ample evidence to show that lower taxes lead to better compliance and higher revenues. GST gives us an opportunity to bring together the machinery of the Centre and the States to jointly work for better enforcement. To improve the quality of our taxpayer services, we have to focus more closely on the benefits of working collaboratively with the taxpayer community to improve our outreach and assist the

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Surplus of cenvat

Goods and Services Tax – Started By: – NAVIN SINGHAL – Dated:- 12-10-2009 Last Replied Date:- 13-10-2009 – what will be the treatment for surplus of cenvat, service tax and vat at the time of enactment of gst. – Reply By Mukesh Kumar – The Reply = It is too early to comment on this query; but keeping the whole concept into mind, I am confident that the surplus / unutilized balance of cenvat, service tax, vat etc. will be allowed to pay GST as valid credit. – Reply By DEV KUMAR KOTHARI – The Rep

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST draft paper to be released within a month

Dated:- 8-10-2009 – New Delhi, Oct 8 (PTI) The empowered group of state finance ministers will come out with a draft paper on Goods and Services Tax (GST) within a month to facilitate implementation of the new tax regime by the April 1, 2010. The responses of the states will be obtained (on the discussion paper) and the draft will be finalised for discussion. We are trying to do that within the end of this month, empowered group chairman Asim Dasgupta told reporters after a meeting here. The Gr

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Shri Salman Khurshid says the Cost and Management Accounting professionals to play a major role in ensuring reasonable pricing of essential goods and services

Shri Salman Khurshid says the Cost and Management Accounting professionals to play a major role in ensuring reasonable pricing of essential goods and services – Dated:- 11-9-2009 – ICWAI URGES GOVERNMENT FOR MORE REGULATORY POWERS Shri Salman Khurshid, Minister for Corporate Affairs, has expressed confidence that under the present scenario, the Cost and Management Accounting professionals can play a major role in government initiative to control the inflation and make essential goods and services available to the public at a reasonable price. Addressing the Council of Institute of Cost and Works Accountants of India ( ICWAI ) here today at ICWAI Bhawan, Shri Khurshid said that the Expert Group constituted by the Ministry of Corporate Affair

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

of cost & management accounting, ICWAI suggested for acceptance and implementation of some of the recommendations of the Expert Group. The Institute also suggested the following: • Redraft the proposed provisions for cost accounting and cost audit to remove the anomalies under proposed clause 131 of the new Companies Bill, 2009 vis-a-vis Section 209 (1) (d) and 233 (b) of the Companies Act 1956• Cost Accountants be allowed to attest and certify statement under Revised Schedule VI. • Inclusion of ICWAI representative in the Expert Group for IFRS constituted by MCA. • Inclusion of Cost Accountant in the audit of LLP Accounts. • Inclusion of Cost Accountants within the definition of Accountants of the Direct Tax Code Bill 2009, Clause 284

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Goods and Services Tax (GST) – Challenges for implementation by April 2010

Goods and Service Tax – GST – By: – C.A. Bimal Jain – Dated:- 20-7-2009 Last Replied Date:- 30-12-1899 – To start with I am highlighting a quotation of Kautilya quoted by the Hon'ble Finance Minister in his Budget 2009 speech that In the interest of the prosperity of the country, a King shall be diligent in foreseeing the possibility of calamities, try to avert them before they arise, overcome those which happen, remove all obstructions to economic activity and prevent loss of revenue to the state in the context of welcome announcement made for introduction of the Goods and Services Tax (GST) with effect from 1st April, 2010 and the broad contour of the GST Model announced will be a dual GST comprising of a Central GST and a State GST. The Centre and the States will each legislate, levy and administer the Central GST and State GST, respectively and promise made by the Hon'ble Finance Minister that he will reinforce the Central Government's catalytic role to facilitate the

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ax on consumption or sale of electricity, taxes on transportation of goods and services, etc., thus avoiding multiple layers of taxations that currently existing in India. And it would be levied on manufacture and sale of goods and services at a national level through a tax credit mechanism i.e. tax is collected on value-added goods and services at each stage of sale or purchase in the supply chain and allows the set-off of GST paid on the procurement of goods and services against the GST which is payable on the supply of goods or services. However the end consumer bears this tax as he is the last person in the supply chain. The GST should consist of following principles: · Uniform rate of taxation within a specified and given jurisdiction. · Sales would be taxed under the destination based principle. · Low costs of compliance and administration. · A substantively common tax base for Central and state governments. · Substantial Co-operation in tax adm

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

d procedures. · Efficacy and integration of broad based computerizations across the Nation. · Dispute settlement procedure and machinery. · Training of tax administrators and assessee. · Protecting and balancing the present and future revenues of the Centre and the States. · Safeguarding the interests of less developed States with lower revenue potential. · Treatment of exemption allowed in excise, VAT, etc. · Treatment of chargeability of Alcohol, tobacco, petroleum products which are likely to be out of the GST regime. · Various other issues like inter state transfer of goods, cross border taxation of services, place of taxation, timing of taxations, etc. Way Forward: We are required to take well thought of steps in implementation of GST with clear guidelines about the final approach of dual GST and need to take all the stakeholders into confidence such as State governments, trade & industry, service providers & service

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Goods and Services Tax

GST – Dated:- 10-7-2009 – Lok Sabha The budget speech of 2006-2007 contained a proposal to introduce Goods and Services Tax (GST) with effect from April 01, 2010. It has been reiterated in the budget speech of 2009-10 that the process for smooth introduction of GST with effect from April 01, 2010 would be accelerated. The proposed GST is not instead of CST alone, but would also subsume many other Central and State taxes. The Empowered Committee of the State Finance Ministers (EC), on the request of Central Government and after due consultation among States, has prepared a model and roadmap for the GST. The Central Government has given its suggestions to the EC on the model. The Centre and the States have agreed upon the basic structure in

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Master Circular on Import of Goods and Services

FEMA – 02/2009-10 – RBI-28 – Dated:- 1-7-2009 – RBI/2008-2009/28Master Circular No. 08/2009-10 July 1, 2009 To, All Category – I Authorised Dealer Banks Madam / Sir, Master Circular on Import of Goods and Services Import of Goods and Services into India is being allowed in terms of Section 5 of the Foreign Exchange Management Act 1999 (42 of 1999), read with Notification No. GSR 381(E) dated May 3, 2000 viz. Foreign Exchange Management (Current Account) Rules, 2000 as amended from time to time.

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Master Circular on Export of Goods and Services

FEMA – 09/2009-10 – RBI-29 – Dated:- 1-7-2009 – RBI/2009-10/29Master Circular No. 09/2009-10 July 1, 2009 To, All Category – I Authorised Dealer Banks Madam / Sir, Master Circular on Export of Goods and Services Export of Goods and Services from India is allowed in terms of clause (a) of sub-section (1) and sub-section (3) of Section 7 of the Foreign Exchange Management Act 1999 (42 of 1999), read with Notification No. G.S.R. 381(E) dated May 3, 2000 viz. Foreign Exchange Management (Current Ac

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Finance Commission may consider compensation for States to advance the implementation of a “Flawless” GST

Goods and Services Tax – GST – Dated:- 29-6-2009 – Dr. KELKAR ADDRESSES 3rd NATIONAL CONFERENCE ON GST FOR ACCELERATED ECONOMIC GROWTH AND COMPETITIVENESS Following is the text of the Speech delivered by Dr. Vijay Kelkar, Chairman Thirteenth Finance Commission on the occasion of ASSOCHAM 3rd National Conference on GST for Accelerated Economic Growth and Competitiveness , organized here today: Introduction It is indeed a privilege to be present at this seminar on GST for Accelerated Economic Growth and Competitiveness and share some thoughts on the Goods and Service Tax. Over the past fifteen months, in my capacity as Chairman of the Finance Commission, I have had the privilege of visiting twenty five States in our country and discussing with the respective State governments their views on our Terms of Reference and how the Commission should go about its work. One important item in our Terms of Reference relates to consideration of the impact of the proposed implementation of the goods

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

in a set of concrete recommendations that can be forwarded both to the Government of India as well as the Empowered Committee of the State Finance Ministers for their consideration. As you will all agree, policy can be best influenced when it is still malleable and I urge not only ASSOCHAM but also all the other trade associations to closely study all possible ways in which the GST will impact their membership and put forward their views on the various issues as early as possible in anticipation of, rather than consequent to a draft GST law which may be put up for discussion. Much can and has been said on the merits of the GST. It will bring about a phase change on the tax firmament by redistributing the burden of taxation equitably between manufacturing and services. It will lower the tax rate by broadening the tax base and minimizing exemptions. It will reduce distortions by completely switching to the destination principle. It will foster a common market across the country and redu

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

questions relating to effective implementation of the GST regime. Concerns relating to GST Most concerns expressed about the implementation of GST can broadly be divided into three categories – a. Design issues b. Operational issues. c. Infrastructure issues. I shall take these up one by one. Design issues: What should be the design of the GST ? The broad framework of GST is now clear. This is on the lines of the model approved by the Empowered Committee of the State Finance Ministers. The GST will be a dual tax with both central and State GST component levied on the same base. Thus, all goods and services barring a few exceptions will be brought into the GST base. Importantly, there will be no distinction between goods and services for the purpose of the tax with a common legislation applicable to both. However a number of issues remain to be resolved. These are presently under the consideration of the Empowered Committee under the Chairmanship of Dr Asim Dasgupta, the distinguished

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ertainment tax, entry tax, luxury tax, taxes on lotteries, betting and gambling, purchase tax as well as all State cesses and surcharges will be subsumed into the State GST. Central Sales tax will stand abolished. From the government of India side, Central excise, additional excise duties, service tax, Additional Customs duty (CVD), and all cesses and surcharges (other than educational cess) will be subsumed into the Central GST. There appears to be agreement that the best option would be a bare minimum number of rates, at best two, preferably one. We assume that a single rate structure will find favour with a very limited set of exemptions available for basic foodgrains as well as basic education and health services. This single rate will ensure low compliance costs, obviate classification disputes, and ensure uniformity of approach amongst all players. But to be attractive, a single rate cannot be too high. At the same time, the rate must be high enough to address the concerns of Sta

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

mmission's website shortly and I hope that that this will contribute to better awareness and constructive policy dialogue. Rules of Supply for goods and services While CST will be abolished in the GST regime, the treatment of inter state sales will need to be carefully thought through. It would be necessary to guard against tax arbitrage where local sales which will be taxed could be shown as inter state sales which will not. The CST Act provided for documentation to attest the interstate nature of the sales. A number of models are being examined by the Empowered Committee which will serve as alternatives. Since the final model adopted would have a direct bearing on the ease of inter state trade transactions as well as the compliance cost, I would urge that all trade and industry associations involve themselves in this choice through voluntary submissions of their views to the Empowered Committee. Putting in place the Rules of Supply for the inter state provision of services will b

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

necessary that these variations be bridged so that tax cascading is eliminated. However, the concerns of smaller States need to be kept in mind. For this reason, perhaps such convergence could be targeted over a certain period of time rather than immediately. Operational Issues Common Approach For GST to be successful, all States and the Centre should implement it in a similar fashion. Only this will bring about the national common market which is one of its goals. This will be possible when there will be a common law, a common assessment procedure and perhaps even a common return. The Empowered Committee can provide the required leadership to engender this uniformity of approach between all the States amongst themselves and also with the Union government. Sharing of information Recent experience relating to revenue collections from the Central Sales Tax have raised the issues relating to tax arbitrage. It appears that local sales under the VAT regime are being shown as lower taxed CS

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

o be fully operational across all States. There are asymmetric benefits to States in putting in place such infrastructure and this appears to be affecting their incentives to do so. We need to put in place a system which will uniformly incentivize all States to participate in and contribute to the verification system. Or alternatively, one central agency could be charged with maintaining this system. Both the alternatives available are challenging, but this needs to be done. Checkposts Most States have put in place a system of checkposts on its road borders. Apart from other verifications which may take place, these checkposts verify and document inter-state sales of goods carried by the vehicles which cross these borders. These details are then cross verified with the VAT returns of the importing dealers. The need for such an arrangement to continue in the GST regime has been emphasized, especially in view of the abolition of CST and the possibility of tax arbitrage. However , the fac

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

rhaps, it may be possible for both the States to put up a combined checkpost. Officials of both States could sit together and conduct their verifications in one checkpost. Or one State could handle traffic on one direction and the other State in the other direction. But essentially there would be only one check per border for a goods vehicle. Such an arrangement will significantly reduce travel time. The Finance Commission is prepared to support creation of such checkposts if the respective State governments are willing to operate jointly. Impact on Small Enterprises The impact of GST on small enterprises is often cited a concern. On the State GST component, the position will be exactly the same as under the present VAT regime. There will be three categories of small enterprises in the GST regime. Those below the threshold need not register for the GST. Those between the threshold and composition turnovers will have the option to pay a turnover based tax or opt to join the GST regime.

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ons and eliminate all barriers to trade. This flawless GST will feature the following characteristics. Harmonisation For GST to be effective, there should be identical GST laws across States as well as at the Centre. I propose that not only the law but also the methodology relating to levy, assessment, collection and appropriation of the GST should be similar across States and the centre. Such a unified approach will simplify procedures, eliminate bottlenecks and drastically reduce transaction costs for dealers, enabling them to leverage cost and time gains from the new taxation system. Necessarily, such an approach requires that tax rates for most goods and services be common across the country as should be the list of exemptions and thresholds. These considerations would need to be kept in mind while considering fiscal autonomy of States. Some States have proposed a mechanism which ensures that in future, changes in the essential elements of GST are made only with the concurrence of

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

. Expanding the envelope The broader the tax base, the lower will be the GST rate. I therefore return to an issue raised in the 2003 FRBM Task Force report – the taxation of real estate. The construction sector is a significant contributor to the national economy. Housing expenditure dominates personal consumption expenditure. Further, the present piece meal taxation of this sector encourages perverse incentives. Raw material is charged CENVAT, the works contract is charged VAT and stamp duty is levied on the sale. With no provision of input tax credit in place, there is little incentive to record such transactions either at the construction stage or at the sale stage at their correct value. This leads to substantial loss of tax revenue and fuels the parallel economy. I am aware that the present discussions on the GST configuration do not consider the inclusion of this sector. However, given the potential long term benefits to the economy and to a successful GST, I would urge that the

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

sers in the market for their own consumption and their cost of procurement will come down significantly with the implementation of GST. Apart from these static benefits, dynamic benefits will be generated in the medium term through more economically efficient production, improved competition and more importantly greater employment. Role of the Finance Commission It is possible that some States may want assurances that existing revenues will be protected when they implement GST. The Commission is willing to consider providing for compensation in order to advance the implementation of a flawless GST. Next Steps I have shared with you my views on what should be some of the goals of the Goods and Services Tax. I am acutely aware that there has been as yet no agreement on which of these goals will be adopted and how then will we reach the selected goals. The two major players – the Empowered Committee and the Government of India are discussing these issues. As I mentioned earlier, the polic

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GOODS AND SERVICE TAX – ISSUES REQUIRING BUDGET ATTENTION

Goods and Service Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 27-6-2009 Last Replied Date:- 30-6-2009 – India is on a threshold of the biggest tax reform of the century. While direct taxes are due for an overall rationalization and simplification, indirect tax reforms in the pipe line, if done, shall be historic. On indirect tax front, India is all set to usher into the era of a all new tax to be called 'goods and services tax' (GST) which will bring in India at par with over 140 developed nations of the world. It is going to be the biggest ever tax reform in independent India. World over, goods and services attract the same rate of tax. This is the foundation of GST. Earlier in February 2009, Finance Minster made a statement in budget speech that GST is a critical part of our economic reforms. So far as GST is concerned, this budget offers an unique opportunity to clearly spell out the blue print or load map for GST in India. Over last four budgets, Finance Minister's

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

axes (CST, excise, customs, service tax) shall be subsumed into one. Also, sharing between centre and states will be there mere with a major shift in sharing pattern. In fact, GST will change the tax horizon of the country for the good. GST will also provide an opportunity to policy makers to follow principle of certainty and have clear cut defined exemptions, concessions, non taxable areas and services so as to avoid confusion and litigation. While it will be premature to comment upon GST's post implementation issues, what is more important is time frame, minimum tax slabs and tax structure. The rate of GST is not yet final and various state governments are discussing it. While the indications of a dual GST structure look bright, unified GST would be preferred by assessees as it would be cost effective and provide efficient mechanism. Dual GST is not for which India is looking for. It will only increases complexities in already too complex and multiplex taxation system in India. I

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

for duties like additional custom duty or special additional duties or cess. It needs to be cleared as to what would happen to issues involving stock transfers, inter state transfer, cross border taxation of service, taxation of service etc. Issues on Cenvat credit, place of taxation, timing of taxation and person liable- all are relevant and crucial. What all taxes will be subsumed in GST should be made clear. India needs to take well thought of steps in implementation of GST and it should not be implemented hurriedly. It is still not clear about the final approach to be taken- unified GST or dual GST as also levy of GST on supply or on sale point. We also need to take all the stakeholders into confidence such as state governments, trade & industry, service providers & service recipients, consumers and professionals. Eying at April, 2010 may be a very optimistic and ambitious target but before that, we need reasonable time to test run the GST, understand the system and tax st

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Trade Mark – Classification of goods and services

Commentaries / Editorials – Dated:- 13-6-2009 – THE FOURTH SCHEDULE TO TRADE MARKS RULES, 2002 Classification of goods and services – Name of the classes (Parts of an article or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes). Class 1. Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry Class 2 . Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists Class 3 . Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; s

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

l implements other than hand-operated; incubators for eggs Class 8 . Hand tools and implements (hand-operated); cutlery; side arms; razors Class 9 . Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus Class 10 . Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials Class 11 . Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes Class 12 . Vehicles; apparatus for locomotion by land, air or water Clas

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

metal Class 18 . Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery Class 19 . Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal. Class 20 . Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics Class 21 . Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in ot

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

pioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice Class 31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt Class 32 . Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages Class 33 .Alcoholic beverages(except beers) Class 34 . Tobacco, smokers articles, matches SERVICES Class 35 .Advertising, business management, business administration, office functions. Class 36 .Insurance, financial affairs; monetary affairs; real estate affairs. Class 37 . Building construction; repair; installation services. Class 38. Telecommunications. Class 39. Transport; packaging and storage of goods; travel ar

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Livingstones Jewellery (P.) Ltd. Versus Deputy Commissioner of Income-tax, Range 5(2), Mumbai

2009 (5) TMI 617 – ITAT MUMBAI – [2009] 31 SOT 323 (MUM.) – – Free Trade Zone – IT APPEAL NO. 187 (MUM.) OF 2007 Dated:- 12-5-2009 – R.S. SYAL AND D.K. AGARWAL, JJ. K. Gopal for the Appellant. R.S. Srivastava for the Respondent. ORDER R.S. Syal, Accountant Member. – This appeal by the assessee arises out of the order passed by the Commissioner of Income-tax (Appeals) on 18-11-2006 in relation to the assessment year 2003-04. 2. The only issue raised through various grounds is against the denial of claim of the assessee for deduction under section 10A on the interest income of Rs. 9,00,961. Briefly stated the facts of the case are that the assessee was carrying on the business of manufacturing and export of stubbed and plain jewellery of gold and platinum. It had its factory at Gem & Jewellery Complex III, SEEPZ, Andheri (East), Mumbai-400 096. Return was filed declaring total income at Rs. 18,02,187. The assessee had claimed deduction under section 10A. On the perusal of the d

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ave been derived from export of goods and merchandise. He took into consideration the distinction between the scope of derived from and attributable to with the help of certain judgments of the Hon ble Supreme Court and other High Courts. It was, therefore, held that the assessee was not entitled to deduction under section 10A in respect of interest earned on fixed deposits. No relief was allowed in the first appeal. 3. Before us the learned Counsel for the assessee contended that the assessee had rightly claimed deduction on the interest income as the parking of funds in FDRs was necessitated for availing the benefit of credit facilities from the bank. It was therefore stated that but for the making of FDRs the assessee could not have enjoyed the credit facility from the bank and hence the interest earned on such FDRs be rightly treated as eligible for deduction under section 10A. He also referred to the order in the case of Asstt. CIT v. Motorola India Electronics (P.) Ltd. [2008] 11

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

which the undertaking begins to manufacture or produce such articles or things or computer software, as the case may be, shall be allowed from the total income of the assessee. On a careful perusal of the language of this section it is seen that prima facie only the profits and gains derived by an undertaking from the export of articles etc., are eligible for deduction. The expression used in this provision is derived from the export of articles . It is in contradistinction to the expression attributable to as employed in some other sections, which generally postulates that any income which has direct or indirect nexus with the stated undertaking or activity, can be considered as eligible for deduction. In such later cases, the income arising from any link, direct or indirect with the eligible activity, entitles the assessee to the benefit of deduction. However in order to be covered within the expression derived from , it is sine qua non that the income must spring directly from the

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

the Electricity Board, in which again the expression derived from was employed. A plea was taken before the Hon ble Supreme Court that but for the deposit with the Electricity Board, the assessee could not have got the electricity connection and hence the interest on deposits with the Electri-city Board was to be considered as profits and gains derived from industrial undertaking. Repelling this contention, the Hon ble Supreme Court held that the words derived from in section 80HH must be understood as something which has a direct or immediate nexus with the appellant s industrial undertaking. Although electricity may be required for the purposes of the industrial undertaking, the deposit required for its supply is a step removed from the business of the industrial undertaking. The derivation of the profits on the deposit made with Electricity Board was held to be not flowing directly from the industrial undertaking itself. 5. Coming back to section 10A we find that sub-section (1) als

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

the business carried on by the undertaking. Once the expression derived from having restricted scope has been specifically defined in the same section, then the meaning of such expression as understood in common parlance will not be applicable. Rather the specific meaning given to it will come into play. We further note that sub-section (4) has been worded on the pattern of section 80-IA, prior to its substitution with effect from 1-4-2000, which referred to profits and gains derived from any business of an industrial undertaking . In the context of section 80-IA, the Amritsar Bench of the Tribunal in the case of Dy. CIT v. Chaman Lal & Sons [2005] 3 SOT 333 [to which one of us, namely the AM, is party] held that in such a worded section, the benefit of deduction has to be made available in respect of purchase and sale which was part and parcel of the business of the industrial undertaking. Thus when sub-section (1) of section 10A is read in juxtaposition to sub-section (4), we ar

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Accountal of returned goods – Annexure- B

Returned Goods Central Excise – Annexure- B Accountal of returned goods [ Trade Notice No. 20/2003, dated 6-2-2003 – Commissioner of Central Excise, Ahmedabad-II] Sr. No. Name and address, ECC No. of manu-facturing unit Details of duty paying documents Description, Qty. of goods received Identification Marks Name, address, ECC No. if any of the person/ unit from whom goods are received Purpose for which received Process carried out Whether any excisable goods are used in repairs/ replace-ments Duty paid on such additions/ replacements CENVAT Credit availe

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Intimation for removal of re-made goods – Annexure – C

Returned Goods Central Excise – Annexure- C Intimation for removal of re-made goods [ Trade Notice No. 20/2003, dated 6-2-2003 – Commissioner of Central Excise, Ahmedabad-II] (1) Name of the assessee : (2) ECC No. : (3) Jurisdictional Central Excise Range and Division : (4) Date on whi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Intimation in respect of duty paid excisable goods brought into the factory premises under Rule 16 sub rule 3 of Central Excise Rules 2002 – Annexure- A

Returned Goods Central Excise – Annexure- A Intimation of Receipt of Duty Paid Goods into the Factory Premises [ Trade Notice No. 20/2003, dated 6-2-2003 – Commissioner of Central Excise, Ahmedabad-II] To: The Superintendent of Central Excise, _____________ Range. Sir, I/We hereby declare that the under mentioned duty paid excisable goods have been received into our registered factory premises on (date) __________ at (address) ___________________________________________ for purpose of _____________________. Name and address of the manufacturing Factory No. and date of invoice under which duty has been paid Description and variety of goods

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Demand of Service Tax on CBFC – reg.

F.No.V/DGST/30-Misc.185/2008/409 Dated:- 16-1-2009 Order-Instruction – Circulars – Service Tax – F.No.V/DGST/30-Misc.185/2008/409 DIRECTORATE GENERAL OF SERVICE TAX 1st Floor, Piramal Chambers, Jijibhoy Lane , Parel, Lalbaug, Mumbai – 400 012. Dated : January 16, 2009 Subject : Demand of Service Tax on CBFC – reg. An instance has come to the notice of the Board in respect of a field formation whereby a Show Cause Notice has been issued demanding Service Tax from Central Board of Film Certification under the category of 'Technical Testing and Analysis Service' and/or 'Technical Inspection and Certification Service' on account of services provided by Central Board of Film Certification by way of certification of

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ted public exhibition or for public exhibition restricted to adults, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to one lakh rupees, or with both, and in the case of a continuing offence with a further fine which may extend to twenty thousand rupees for each day during which the offence continues. Hence certification by Central Board of Film Certification is a statutory requirement. CBEC vide Circular No.96/7/2007-ST dated 23.08.2007 has clarified that any activity assigned to and performed by a sovereign/public authority under the provisions of any law, do not constitute taxable services. Any amount/fee collected in such cases are not to be treated as consideration fo

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Amendments in Schedule-I (Imports) to the ITC (HS) – Articles of cement, of concrete or of artificial stone, whether or not reinforced Tiles, flagstones, bricks and similar articles

DGFT – 77 (RE-2008)/2004-2009 – Dated:- 9-1-2009 – Amendments in Schedule-I (Imports) to the ITC (HS) Classifications of Export and Import Items, 2004-09. TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY PART-II, SECTION-3, SUB SECTION (ii) GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT OF COMMERCE NOTIFICATION No. 77 (RE-2008)/2004-2009 NEW DELHI: Dated: 9th January, 2009 S.O. (E) – In exercise of powers conferred under section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy, 2004-09, the Central Government hereby makes the following amendments in Schedule-I (Imports) to the ITC (HS) Classifications of Export and Import Items, 2004-09: 1. The Policy

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

value is US$ 50 and above per square meter 6810 19 Other: 6810 19 10 Cement tiles for mosaic Free However, import of rough blocks and slabs of agglomerated / artificial stones shall be restricted. Import of processed tiles /slabs of agglomerated / artificial stones shall be permitted freely, provided cif value is US$ 50 and above per square meter. 6810 19 90 Other Other articles : Free However, import of rough blocks and slabs of agglomerated / artificial stones shall be restricted. Import of processed tiles /slabs of agglomerated / artificial stones shall be permitted freely, provided cif value is US$ 50 and above per square meter. 6810 91 00 Prefabricated structural components for building or civil engineering Free However, import of roug

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =