News Update

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
 
Seven key things to look out about GST in Economic Survey

 

JULY 05, 2019

By Pritam Mahure, CA

ECONOMIC Survey 2018-19 (ES) acknowledges that the Government's efforts to improve the present tax regime by introducing GST and Insolvency and Bankruptcy Code have had a profound impact on improving Ease of Doing Business (EODB) in India.

In this background, ES highlights critical facts pertaining to GST as well as its impact on economy and tax revenues as discussed in following paras.

1. GST indicated Government's appetite for bold reforms

ES specifies that the introduction of the GST represented a salient instance where policymakers exhibited the appetite to introduce bold reforms by eschewing loss aversion, whereby a policy that creates some short-term losses while creating large long-term benefits.

ES also states that the introduction of GST barely increased the economic policy uncertainty despite the enormous change that it entailed and this indicates that reforms which are consistent with a well-articulated vision do not create as much disruption as is typically feared.

2. GST added a new dimension to Centre-State relations

ES highlights that the launch of the GST has added a new dimension to Centre-State and inter-State financial relations as well as the GST Council experience provided key learning for implementing cooperative federalism in several other areas such as labour and land regulation.

3. Government was pro-active in GST implementation

ES mentions that Government has been very pro-active in ensuring that GST gets implemented smoothly. GST Law/Rules/procedures have been adapted to the needs of the trade and industry. To this effect, since the date of introduction, Centre has issued 495 notifications, 101 circulars, 18 orders, 12 removal of difficulties orders & more than 125 press releases (as on 28.02.2019).

4. Government was a beneficiary

ES mentions that being able to retrieve authentic data and documents instantly, Government has benefitted, for example, cross-verification of the income tax return with the GST return can highlight possible tax evasion.

5. New return system

ES states that as per the new return filing system, there would be only one return form to be filed monthly (though it will actually be 3 returns i.e. ANX 1, ANX 2 and RET 1).

ES also states that misuse of ITC due to default in payment of tax by the supplier shall be controlled primarily by recovery of tax from the supplier and reversal of credit from buyer shall also be an option available with the revenue authorities in certain exceptional circumstances.

6. For FY 2019-20, stabilization of GST is a priority

ES concedes that after the initial transitional issues following the roll-out of GST, revenue collection picked up from annual average of 89.8 thousand crore in 2017-18 to 98.1 thousand crore in 2018-19. However, the Gross Tax Revenue as a proportion of GDP declined to 10.9 per cent of GDP in 2018-19 (PA), lower by 0.3 percentage points as compared to 2017-18 primarily due to shortfall in GST collections.

ES states that, going forward, sustaining improvement in tax collection for revenue buoyancy of GST will be a key to improved resource position of both Central and State Governments.

7. Way forward

GST was a magnum opus change and the biggest indirect tax reform after independence. Thus, though many things have been done, still it leaves a lot to be desired.

Now, looking at Governments likely measures to increase GST revenue through a series of changes (such as GST 2.0 returns etc.), GST payers and consultants will have to roll up their sleeves (again!).

(The writer has authored more than ten books on GST, How to be Future Proof and Global VAT. The views expressed are strictly personal.)

(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 site)

POST YOUR COMMENTS
   

TIOL Tube Latest

India's Path to Becoming a Superpower: An Interview with Pratap Singh



Shri Ram Nath Kovind, Hon'ble 14th President of India, addressing the gathering at TIOL Special Awards event.