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PM-STIAC discusses accelerating Industry-Academia Partnership for Research and InnovationIndia, Singapore hold dialogue over cyber policy44 bids received under 10th Round of Commercial Coal Mine AuctionsCops arrest former Dy PM of Nepal in cooperative fraud casePuri highlights India's Petrochemical potential at India Chem 2024UN reports record high cocaine production in ColombiaMinister unveils 'Aviation Park' showcasing India's Aviation HeritageED finds PFI wanted to start Islamic movement in IndiaBlocking Credit - Rule 86ASEBI says investors can use 3-in-1 accounts to apply online for securitiesI-T- Penalty u/s 271(1)(b) need not be imposed when assessee moved an adjournment application & later complied with notice u/s 142(1): ITAT4 Kanwariyas killed as vehicle runs over them in Banka, BiharI-T- Accounting principles do not prescribe maintaining of a day-to-day stock register, and the books of accounts cannot be rejected on this basis alone: ITATUN food looted and diverted to army in EthiopiaCus - Alleged breach of conditions for operating public bonded warehouse; CESTAT rightly rejected allegations, having found no evidence of any such breach: HCUS budget deficit surges beyond USD 1.8 trillionST - Onus for proving admissibility of Cenvat Credit rests with service provider under Rule 9(6) of the Cenvat Credit Rules, 2004: CESTATIf China goes into Taiwan, Trump promises to impose additional tariffsRussians love Indian films; Putin lauds BollywoodCus - Classification of goods is to be determined in accordance with Customs Tariff Act & General Interpretative Rules; Country-of-Origin Certificate may offer some guidance, but cannot solely dictate classification: CESTATCus - Benefit of such Country-of-Origin certificates cannot be denied if all relevant conditions are met under the applicable Customs Tariff rules: CESTATCuban power grid collapses; Country plunges into darknessCus - As per trite law, merely claiming a classification or exemption does not constitute mis-declaration or suppression - any misclassification does not equate to willful intent to evade duty: CESTATKarnataka mulling over 2% fee on aggregator platforms to bankroll gig worker welfare fundCus - Extended limitation cannot be invoked in case of assessee who is a regular importer with a consistent classification approach: CESTAT
 
GST Council debates & approves 9 Chapters of Model Law; Many States favour postponement of GST roll-out by 3 months

By TIOL News Service

NEW DELHI, DEC 04, 2016: EVEN as the stalemate continues over the three key contentious issues gripping the GST Council, the shadow of demonetisation of high value currency notes has further complicated the growing tradition of deliberative democracy. Even after two days of intense deliberations the Council members failed to reach any consensus.

However, as per the Union Finance Minister, Mr Arun Jaitley, the Council discussed as many as NINE Chapters of the Model GST laws, in fact clause by clause, and finalised the same. The rest are going to be debated at its next meeting scheduled for December 11 & 12. Although the common perception among the industry and trade was that once the technical committee consisting VAT Commissioners and the CBEC officials had approved the Model Laws, there would be very little for the Council to discuss but several States have very strong propensity to raise even techncial issues again and again and that is why the Council had to devote a major chunk of its time at this meeting to deliberate and take approval chapter-wise. Since expediting the approval for the Model Law is the top priority of the Centre as it aims to at least table the Bill towards the fag end of the Winter Session of Parliament, it cooperated and agreed to discuss all disputed provisions.

Even as the debate was being held over the model laws, some of the States preferred to discuss the fall-out of demonetisation on the GST roll-out. Since the GST Council's mandate is not to go beyond GST, the Chair declined to allow any debate over it. However, after the meeting, Mr Jaitley did invite the disgruntled Members and heard them. Their major fear was that since the payment cycle has been disrupted and the economy is going to contract because of demonetisation, it may impact their revenue collections in the remaining two quarters. In this background, they demanded postponement of the proposal roll-out of GST by at least three months and also called for easing of their FRBM obligations. While Mr Jailey agreed to consider the easing of FRBM obligations but did not agree with them that the demonetisation would hurt the growth path.

The other two issues which were also debated again and are going to be discussed further at the next meeting were the issues of CESS and cross-empowernment. Since the Centre is not sure of mopping up the desired quantum of revenue which is going to be enough for compensation to the States, a solution was to be found by the Council so that extra burden does not fall on the Centre. Secondly, the issue of cross-empowerment continues to be an emotive bone of contention as several States feel that they have the first right to tax them and the Centre should keep its hands off them. They continued to insist on the horizonal divide formula but the Centre has proposed vertical split as a solution.

 


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