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Cus - Export of non-basmati rice - Notification 20/2023 insofar as it denies the benefit of the transitional arrangement as contained in para-1.05 of the FTP 2023, is bad in law: HCCus - Refund of SAD - 102/2007-Cus - Areca Nut and Supari are one and the same - Objections with regard to name, nature and status of importer or buyers or the end use of goods purchased by them etc. are extraneous: HCCX - Interest on Refund - Since wrong order annexed by petitioner in paper book, Bench is unable to proceed further - Petition is dismissed with liberty to file a fresh one: HCGST - No E-way bill - When petitioner imports machinery and after Customs clearance, transports same to his own factory, it cannot be said that such a transportation would fall within the definition of term 'supply' - Penalty imposable under second limb of s.129(1)(a): HCGST - Fix responsibility on officers who allowed BG to lapse - Petitioner not justified in not renewing BG - Cost of Rs.15 lacs imposed, to be paid to PM Cares Fund: HCGST - Since the parties agree that petition can be disposed of on the basis of records available before Appellate Authority, petitioner is directed to enclose all documents filed before Appellate Authority in a compilation, in form of a paper book: HCWrong RoadST - Whether any service is used for personal consumption or not is certainly question of fact and being question of fact, no substantial question of law arises: HCGovt proposes to amend Geographical Indication of Goods Rules; Draft issued for feedbackST - If what has been paid as tax is without authority of law, Revenue should refund the same - Denial of credit would result in the whole exercise being tax neutral: HCWarehousing Authority notifies several agri goods to be stored in only registered warehousesST - Even if the petitioner may have a case on merits, it is best left to be decided by the Appellate Authority under the hierarchy prescribed under the FA, 1994: HCUS FDA okays Eli Lilly Alzheimer’s drugGST - Petitioner challenges jurisdiction of assessing officer - Petitioner is entitled to file an appeal u/s 107 by availing an alternate efficacious remedy: HCFive from Telangana killed in car accident on Pune-Solapur HighwayGST - Existence of an alternative remedy is a material consideration but not a bar to the exercise of jurisdiction: HCHush money case against Donald Trump - Sentencing deferred to Sept 18GST - It is open to a trader to take goods by whichever route he opts, unless the law otherwise requires, destination point being intact: HCDeadly hurricane Beryl smashes properties in JamaicaGST - Conclusion that taxable person is providing a service to supplier while taking the benefit of a discount by facilitating an increase in the volume of sales of such supplier is ex facie erroneous and contrary to the fundamental tenets of GST law: HCIsrael claims 900 militants killed in Rafah since May monthGST - Order expressly records that personal hearing notice was returned with endorsement 'no such person at address' - Since petitioner has shifted to a new premises, it is just and necessary to provide an opportunity to contest demand: HC116 die in stampede at UP ’Satsang’I-T- Application for revision of order dismissed in limine on grounds of delay; case remanded for re-consideration: HCWe are deepening economic ties with India, says US officialI-T- As per Section 119(2)(b), power to condone applications relate to claims for amount exceeding Rs 50 lakhs are to be considered by CBDT; however it is impermissible for CBDT to pass order on merits: HC8 Dutch engineers build world’s longest bicycle - 180 feet, 11 inchesI-T- Additions framed u/s 68 for unexplained income & u/s 69 for unexplained expenditure not tenable where complete transactional details are furnished & not doubted: HCRailways earns Rs 14798 Crore from Freight loading in June monthI-T- Delay in filing ITR is per se insufficient reason to estimate assessee's profit @15% on turnover, more so where audited financial report is filed in timely manner: ITATMoD inks MoU to set up testing facilities in Unmanned Aerial System in TN Defence Industrial CorridorI-T- For invoking section 69A, assessee should be found to be owner of any money, bullion, jewellery or other valuable article & which is not recorded in the books of account: ITATGovt proposes Guidelines for ethical approach to Coal MiningI-T- TDS credit can be allowed based on AIS, where details pertaining to TDS, advance tax & other payments are reflected in Form 26AS: ITATVaishnaw to inaugurate Global IndiaAI Summit 2024I-T- Lending money with the primary intention of earning interest can be considered a business activity, but nature and manner of lending, as well as the frequency, should be taken into account: ITAT
 
Finance Commission Report on 'Devolution of Taxes' and Future of 'GST Bill'

FEBRUARY 26, 2015

By Sumit Dutt Majumder

DURING the celebration of the Central Excise Day on the 24 th of February, Jayant Sinha, the Union Minister of State for Finance in his address to the officers- present and past, highlighted two events of utmost importance to the national economy. One that happened that very day- a sharp hike in devolution of Union taxes to the States. The other that would happen in about a year's time – introduction of the Goods and Service Tax (GST). I find the Minister's speech to be very significant. Although Sinha did not explicitly connect the two events together, there remains a strong connection between the two events. What happened in Parliament on the 24 th of February will have a positive bearing on the prospect of introduction of GST on the target date of April, 2016. I will come to that soon.

In the area of Centre - State fiscal relations, the Finance Commission plays an important role, inter alia, in recommending the States' share of Central taxes for a five- year period. The Fourteenth Finance Commission (FFC) led by Dr. Y.V. Reddy, former Governor of Reserve Bank of India in its report tabled in Parliament on the 24 th of February recommended a hike of 10 percent in devolution of Central tax revenue to States to 42 percent, compared to 32 percent recommended by the Thirteenth Finance Commission led by Dr. Vijay Kelkar. This is a major jump, given that each of the previous Finance Commissions had recommended small increases of about two percentage points in the tax share of the States. In arriving at this number, the FFC has calculated predevolution revenue deficit for the States by taking into consideration their entire revenue expenditure without making a distinction between Plan and Non – Plan transfers. The actual total transfer by Centre to the States had two components- unconditional and conditional. In the conditional category, funds were given by Centre to the States for purposes specified by Centre, and the States had little flexibility in their use. By doing away with this distinction between Plan and Non- Plan or Unconditional and Conditional, the States would have a high degree of autonomy and flexibility in the way they use these transfers. By hiking the devolution to 42 percent, the total devolution to the States will rise to 45 percent of Central tax revenues in 2015-16.

The FFC has stated in its report that 'the higher tax devolution will allow States greater autonomy in financing and designing of schemes as per their needs and requirements'. As for Centre's role, the report has stated that Centre has scope to improve its tax revenues and increase productive expenditure by raising its tax to GDP ratio, which is quite low at around 10.4 percent now. In fact, Sinha in his speech pointed out that India's tax to GDP ratio is lower than even countries much less developed than India. On a similar note, the Union Finance Minister Arun Jaitley has reportedly said that with this largest ever change in percentage of devolution, the 'States must gradually become self-sufficient; entire system of discretionary payments must end'. The Prime Minister Narendra Modi has also reportedly said in his letter to the Chief Ministers that the increase in resources given to States will give them the required freedom to tailor make development schemes to suit their needs.

In this context, Jayant Sinha told the officers during the celebration of Central Excise Day that this day would also now be remembered for the landmark event of tabling in Parliament the said FFC report. He explained that the FFC had recommended radical changes in tax devolution that would move the country towards greater fiscal federalism. The States would now have greater autonomy on revenue as well as expenditure fronts. He also hoped that this will help in radically altering the Centre – State Fiscal relations for the better. This would in turn facilitate Center's vision of cooperative and competitive federalism. Sinha could not have explained the significance of the event better.

On GST front, Sinha highlighted the Centre's resolve to introduce it in April, 2016. He urged the officers of the Central Board of Excise & Customs to accelerate its efforts in gearing up for the introduction of GST. He noted the assurance given by Kaushal Srivastav, the Chairman of the CBEC about the preparedness of the officers. Shakti Kanta Das, the Revenue Secretary reminded the officers of their important role in implementing the Central GST (CGST) and Integrated GST (IGST) for the interstate supplies. One could not miss a common thread of optimism about early introduction of GST in all the speeches on the Central Excise Day.

I've written in this column on many occasions that the prime reason for delay in introduction of GST is the trust deficit between Centre and the States. The Prime Minister and the Union Finance Minister have done a great job in bridging this trust- gap by accepting the FFC recommendations on Central Taxes Devolution to the States and tabling it in Parliament without losing time. It is in this backdrop that I wrote in the first paragraph that this single act of Modi and Jaitley would have a positive bearing on the introduction of GST. It is now sincerely hoped that the 122 nd Constitution Amendment Bill for introduction of GST sails through smoothly in this very Budget Session of the Parliament.

As for other recommendations of the FFC with respect to introduction of GST, the netizens are requested to wait for my next piece.

(The author is former Chairman, Central Board of Excise and Customs. He authored the book titled "GST in India…". He is also Consulting Editor of TIOL)

( DISCLAIMER : The views expressed are strictly of the author and Taxindiaonline.com doesn't necessarily subscribe to the same. Taxindiaonline.com Pvt. Ltd. is not responsible or liable for any loss or damage caused to anyone due to any interpretation, error, omission in the articles being hosted on the sites)

 


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