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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
 
GST Council urged to raise taxes on tobacco

 

By TIOL News Service

NEW DELHI, AUG 24, 2020: PUBLIC health groups, doctors and economists have urged the GST Council to increase compensation cess on all tobacco products that can provide additional tax revenue of Rs. 49,740 crores. This additional revenue could significantly contribute to the increased need for compensation by different states during the pandemic and to disburse the dues already owed by the Centre. They all are appealing to the GST Council to, as an extra-ordinary measure, to apply the compensation cess on bidis and also increase the existing compensation cess applied on cigarettes and smokeless tobacco products during the upcoming meeting of the GST council.

A representation given by the VHAI to the Council notes that according to Dr Rijo John, Economist & Health Policy Analyst - "Unprecedented financial resources will be needed for the country to recover from the economic shock COVID-19 has created. Even though imposing additional taxes on the general public might not be a viable policy option when consumption needs to be boosted, compensation cess on tobacco, could be a win-win as it will discourage tobacco consumption while bringing in substantial revenue for the government. A Rs. 1 compensation cess per stick of bidis and significant cess increases on cigarettes and smokeless tobacco products are expected to generate additional tax revenue to the tune of Rs. 50,000 crores.''

Proposed Compensation Cess on tobacco products and its Impact

 
Bidis
Cigarettes
Smokeless tobacco
Proposed compensation cess Rs. 1 per stick Rs. 5 per stick 52%
Estimated additional cess revenue (Rs.) 233 billion 250 billion 13.5 billion
New total tax burden 67% 65% 70%
Estimated percentage decline in consumption 35% 17% 10%
Estimated percentage decline in prevalence 18% 10% 5%
Estimated decline in attributable deaths 9.1 million 3.4 million 7.2 million

"Increasing compensation cess on all tobacco products, including bidis, is a winning proposition for Government as it will provide the much needed additional tax revenue for COVID 19 stimulus package for providing relief to the people of the country while motivating millions of tobacco users to quit and preventing youngsters from initiating tobacco use" - Ashim Sanyal, COO, Consumer VOICE

Increasing taxes on all tobacco products will not only reduce their affordability and therefore consumption, but also to limit the increasing health and fatal damages caused by tobacco. Tobacco smoking is a known risk factor for many respiratory infections and increases the severity of respiratory diseases. Early evidence from China and Italy has found that patients with underlying health conditions and risk factors, including smoking and diseases linked to smoking, may be at greater risk for severe outcomes or death from COVID-19.

The Press Release further states that the WHO recommends total taxes to represent at least 75% of the retail price for all tobacco products. Currently, the total tax burden (tax expressed as a percentage of final retail price) is only 49.5% for cigarettes, and 63.7% for smokeless tobacco in India, well below the minimum recommended by the WHO. Bidis, on the other hand, enjoy an extremely low tax burden of only 22% despite being at least as harmful as cigarettes, and are smoked by almost twice as many Indians as cigarettes, resulting in an estimated annual economic costs from diseases and deaths to the tune of Rs. 805.5 billion, or 0.5% of India's GDP. Although there has been a small increase of National Calamity Contingent Duty (NCCD) on cigarettes and smokeless tobacco in the Union Budget 2020-21, all tobacco products have become more affordable over the past three years since the GST became effective in 2017.

"There is ample evidence about bidis being the killer and not the pleasure of the poor. These should be made unaffordable for the poor to save them from a lifetime of misery and suffering," Dr Harit Chaturvedi, Chairman of Max Institute of Cancer Care.

India has the second largest number of tobacco users (268 million or 28.6% of all adults in India) in the world - of these at least 12 lakh die every year from tobacco related diseases. The total direct and indirect cost of diseases attributable to tobacco use was a staggering Rupees 1.04,500 crores in 2011 or 1.16% of India's GDP.


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