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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
 
Like Cancer, Slowdown Requires Multiple & Sustained Therapies

SEPTEMBER 02, 2019

By TIOL Edit Team

"THE key question that confronts the Indian economy as it looks ahead to the rest of 2019-20 is: are we dealing with a soft patch, or a cyclical downswing, or a structural slowdown?" "What ails the animal spirits?"

When Reserve Bank of India (RBI) puts such questions, it is time to revisit economic slowdown that is hurting us all. The revisit becomes compelling at receipt of news about alarming deceleration in growth of gross domestic product (GDP) in the first quarter of current financial year to 5%, an over six-year low.

The positive aspect of this whole introspection exercise is that it is accompanied by limited fiscal announcement and banking reforms unveiled separately by Finance Minister Nirmala Sitharaman.

The silver lining in slowdown cloud is also brighter with RBI deciding to transfer Rs. 1.76 lakh crore from its reserves to the Union Government. It should primarily be used to fight slowdown. A part of it can be set aside as national security contingency fund. It should be a non-lapsable fund.

As for 1 st question, RBI addressed it in its annual report for 2018-19 released on 29th August. It says: "This (slowdown's diagnosis) will determine the policy responses - illustratively, a soft patch can be looked through, while a cyclical downswing will warrant counter-cyclical actions in terms of monetary and fiscal policies, but a structural slowdown will need deep-seated reforms".

The Report continues: "The diagnosis is difficult; these conditions are hard to disentangle cleanly, at least in the formative state. Proximate answers could perhaps be found in the lessons of the experience of 2018-19, with which it could be feasible to assess the outlook for 2019-20 and the challenges that lie ahead".

RBI believes slowdown started as a soft patch. It is now mutating into a cyclical downswing, rather than a deep structural slowdown. The Government has to, however, resolve structural issues in land, labour, agricultural marketing and the like.

As put by the report, "The disaggregated analysis confirms that a broad-based cyclical downturn is underway in several sectors - manufacturing; trade, hotels, transport, communication and broadcasting; construction; and agriculture".

We can thus conclude that slowdown is multi-faceted. Hence the need for multi-pronged solutions to the problem. These include monetary, fiscal, regulatory, sector-specific concerns and issues that fall in the domain of environmental-judicial activism.

We urge the Government to adopt a holistic and transparent approach in tackling slowdown. It should guard against influential sections in the corporate sector that lobby well to pitch their demand for sops through multiple channels.

A simple norm for deciding relief can be identification of sectors that have performed worst in term of sales growth as compared to sales average for five preceding years. Another factor in deciding relief can be the extent of employment sustained by slowdown-battered sectors.

Yet another issue that Government must address is the impact of tightened environmental & revenue regulations on oil, power, mining, telecommunications and automobile sectors. To what extent the change in norms increase cost of products and services. What is the resulting impact on the sales and profits in the relevant industry. After all, all these changes impact economic growth including revenue receipts.

It is here pertinent to quote Suzuki Motorcycle India Managing Director Koichiro Hirao. The other day, he told a business daily that Government recent announcements would help improve liquidity in the market, but introduction of higher safety standards and insurance costs have already raised two-wheeler prices by 15%.

He pointed out that the switch-over to Bharat Stage VI standards next year will raise bike prices by up to another 20%. Two-wheeler sales would thus remain under slowdown shadow for next two years.

The Government must thus be clear about the impact of macro or sector-specific policy and regulatory changes on GDP. Reforms must be properly sequenced and converged to reap their synergetic, positive impact on GDP and jobs.

It must reflect over NITI Aayog Chief Executive Officer Amitabh Kant's observation. In the first week of August, he stated that a spate a wave of reforms undertaken by the Government contributed to slowdown.

Too frequent and too many changes in business eco-system creates uncertainty and puts off or delays fresh investments. The impact of policy uncertainty has been addressed well, both in the Finance Ministry's Economic Survey (ES) for 2018-19 and RBI's annual report.

ES explained well how uncertainty affects businesses due to a botched, legal reforms. As put by it, "Consider, for instance, a poorly drafted law that is riddled with ambiguities, amendments, clarifications and exemptions that inevitably lead to conflicting interpretations and spawn endless litigation. Needless to say, such uncertainty can spook investors and spoil the investment climate in the economy. Such uncertainty in economic policy can be avoided".

RBI annual report highlighted the issue well by carrying a box item. It is headlined: "Policy Uncertainty Index for India - Big Data Analysis".

Unlike risks whose probability can be assessed, uncertainty is unobservable. The Box notes: "Uncertainty prompts consumers and producers to alter their behaviour in terms of spending, investing and hiring decisions".

It concludes: "uncertainty negatively impacts investment activity in India".


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