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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
 
Let's know Keats & Homar to know GST!

JANUARY 31, 2018

By Vijay Kumar

AND then felt I like some watcher of the skies, When a new planet swims into his ken.

This is a quote from a poem of John Keats, "On First Reading Chapman's Homer", used by poet economist CEA Arvind Subramanian in the title, rather tag to the title, "A New, Exciting Bird's-Eye View of the Indian Economy Through the GST" in Chapter 2 of Volume 1 of his Economic Survey.

He starts the chapter with, "Just for one reason, policymakers and researchers could soon share the sense of wonder that the poet expressed on first encountering the Greek epic, when he felt that a whole new world had suddenly opened up to him: the Goods and Services Tax (GST)."

To understand this, you should know who John Keats is, who Homer is, who Chapman is and why and how planet swims into one's ken and what has GST got to do with it.

For the uninitiated, Homer was an ancient Greek poet who lived somewhere around 800 BC. He is the author of two epics, Iliad and Odyssey, which are mentioned even today for concepts like "Trojan Horse". John Keats is an English poet who lived more than 2000 years after Homer and who could not obviously read Homer because it was all Greek to him. There was another poet called Chapman who lived in the Sixteenth Century who translated Homer. When Keats read Chapman's Homer, he got excited and wrote a poem "On First Reading Chapman's Homer". Keats' poetry on Chapman on Homer is also not very easy to understand.

The poem and a free translation is given below -

Poem

Free Translation

Much have I travelled in the realms of gold

And many goodly states and kingdoms seen

I have read many works of literature
( which is considered as travelling in the realms of gold – who would ever imagine this?)

Round many western islands have I been

Which bards in fealty to Apollo hold

I have read many books.( Apollo is the God of poetry and music .)

Oft of one wide expanse had I been told

That deep-browed Homer ruled as his demesne

I had often heard of one particular epic work that intellectual Homer ruled as his territory

Yet did I never breathe its pure serene

Till I heard Chapman speak out loud and bold

But I never read it, till Chapman translated it

Then I felt like some watcher of the skies

When a new planet swims into his ken

Then I felt like an astronomer

When he discovers a new planet

Or like stout Cortez when with eagle eyes

He stared at the Pacific, and all his men

Looked at each other with a wild surmise

Silent upon a peak in Darien.

Or like Cortez when he gazed keenly

He saw the Pacific for the first time and all his men, amazed and astonished, guessed that he had discovered something monumental, silent on a hill in Panama.

When I was taught this poem in school, I did not believe my teacher, "how can travelling in the realms of gold mean reading books? But maybe that's how poetry is written. Laws are of course more complicated. And incidentally Keats had got it wrong; he thought that Cortez discovered the Pacific. But anyway, his poems were never meant to be accurate and were never meant to be analyzed by tax experts and argued in courts.

But what has all this got to do with GST? Two hundred years after Keats, we have an Economic Advisor, who not only knows his economics but also knows his Keats. Keats says that when he read Chapman's translation of Homer, he felt like a watcher of skies when a new planet swims into his ken. It is not every day that a new planet would swim into the ken of a sky-watcher – of course all excited. And our Chief Economic Advisor wants us to have the same feeling when this new planet of GST swims into our ken. Poetry has no stakes the likes of which you will find in taxation. For me, Homer, Chapman, Keats, Arvind Subramanian and GST are beyond comprehension. GST hit us like a thunder – was certainly not the planet that swims into the ken of a sky watcher.

While on Homer, the erudite Chief Economic Advisor surely knows the story of Scylla and Charybdis. In Homer's odyssey, Scylla was a horrible six-headed monster who lived on a rock on one side of a narrow strait. Charybdis was a whirlpool on the other side. When ships passed close to Scylla's rock in order to avoid Charybdis, she would seize and devour their sailors. They were regarded as a sea hazard located close enough to each other that they posed an inescapable threat to passing sailors; avoiding Charybdis meant passing too close to Scylla and vice versa. Isn't our GST something like that for the taxpayer as well as the Government?

Pooling of Sovereignty: The Economic survey lauds the GST Council as, "India has created one of the most effective institutional mechanisms for cooperative federalism, the GST Council. At a time when international events have been marked by a retreat into economic nativism and the attendant seizing of control, Indian states and the centre have offered up a refreshing counter-narrative, voluntarily choosing to relinquish and then pool sovereignty for a larger collective cause. 

Cooperative federalism is of course not a substitute for states' own efforts at furthering economic and social development. But it is a critical complement, needed to tackle a wide array of difficult structural reforms that involve the states. For example, the "cooperative federalism technology" of the GST Council could be used to create a common agricultural market, integrate fragmented and inefficient electricity markets.."

Maybe we can soon have a GST Council technology enabled Councils for Education, Agriculture, Home and any subject that you can think of.

That is what exactly the Economic Survey seems to suggest when it proclaims,

"The cooperative federalism "technology" of the GST Council that brings together the Center and States could be promisingly deployed to further agricultural reforms and durably raise farmers' incomes. Recent experience with the GST has shown that vertical cooperation between the center and states--Cooperative Federalism--has brought transformational economic policy changes.

Perhaps there is a horizontal variant of that--one might call it the Cooperative Separation of Powers--that could be applied to the relationship between the judiciary on the one hand, and the executive/legislature on the other. There are, of course, clear lines of demarcation and separation of powers between the two to preserve independence and legitimacy. Even while respecting these lines, it should be possible and desirable for these branches to come together to ensure speedier justice to help overall economic activity."

Revenue Confusion – nothing to worry: The Survey reports, "Confusion, even anxiety, abounds about revenue performance so far after five months of collections under the new GST. This confusion is understandable given its newness and complexity. Confusion has also arisen because of the attempt to view this through the narrow lens of the states or the centre; of uncertainty about the build-up of balances in the IGST and their sharing; and of the fact that only 11 months revenues will be collected. 

To be sure, uncertainty will not be definitively lifted until the GST stabilizes later this year. But the provisional assessment is this: revenue collection under the GST is doing well, surprisingly so, for such a transformational reform.  

Everything is fine; Thank You

GST and India's ranking in Ease of Doing Business: In Para 9.7 of the Survey, it is stated, "In the last three years, the Government has undertaken a number of reforms to ensure that India remains an increasingly attractive investment destination, which include announcement of National Intellectual Property Rights (IPR) policy, implementation of GST, reforms for ease of doing business that resulted in improving India's ranking by 30 position."

But Para 9.2 clarifies, "This year's report did not cover other measures such as the Goods and Services Tax (GST), which are expected to further boost India's ranking in the coming years." 

Will GST influence our rank in the Ease of Doing Business in future?

And what is an Economic Survey without a mathematical formula? Here is a simple one from the Economic Survey.

Watch the skies; one day a new planet will swim into your ken.


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