GST - Two GoMs set up on casinos, online gaming & capacity-based taxation
By TIOL News Service
NEW DELHI, MAY 25, 2021: THE Central Government has constituted two Group of Ministers (GoM), interestingly, three days prior to the GST Council meeting on Friday. The GoM on Capacity based taxation and Special Composition Scheme in Certain Sectors on GST is to be led by its Convener, Mr Niranjan Pujari, the Finance Minister of Orissa. And the second one on Casinos, Race Courses and Online Gaming is to be led by its convener, Mr Nitin Patel, Finance Minister of Gujarat.
The terms of reference for the first GoM are -
a. To examine the possibility to levy of GST based on the capacity of manufacturing unit and special composition schemes in certain evasion prone sectors like pan masala and gutkha, brick kilns, sand mining etc with reference to the current legal provisions.
b. To examine whether any change is required in the legal provisions to allow such levy.
c. To examine the impact of such levy on the destination nature of the current GST design.
d. To examine any other administrative or systemic mechanism to plug leakages in these sectors.
e. To examine the impact of levy of GST on reverse charge on mentha oil and to examine if there could be other class of supplies that could be subjected to reverse charge to augment revenue.
The terms of reference for the second GoM are:
a. To examine the issue of valuation of services provided by Casinos, Race Courses and online gaming portals and taxability of certain transactions in a casino, with reference to the current legal provisions and orders of Courts on related matters.
b. To examine whether any change is required in the legal provisions to adopt any better means of valuation of these services.
c. To examine the administration of such valuation provision if an alternative means of valuation is recommended.
d. To examine impact on other similarly placed services like lottery.
Apart from the conveners, each GoM wil have six State Finance Ministers as Members and will be submitting their reports within six months.