Budget 2024 Updates

FM hikes exemption limit for long-term capital gain to Rs 1.25 lakh + hikes tax rate to 12.5% on specified financial assetsCGST - Finance Bill proposes to amend Sec 9 to take ENA out of purview of GST + inserts Sec 11A to regularise non-levy of tax on general practice in tradeCustoms - Finance Bill proposes to amend Sec 28DA for acceptance of different types of proof of origin under FTAsFM hikes standard deduction to Rs 75K for new ITR regime + revises tax rates for all income slabs + Rs 7000 Cr revenue foregoneBudget withdraws 2% equalisation levyFM reduces corporate tax rate for foreign companies to 35%FM proposes vivad se vishwas scheme + hikes monetary limits for filing appealsFM proposes 20% capital gains tax on short-term assets + listed financial assets held for more than one year to be classified as long-termGovt scraps TDS on Mutual Funds + decriminalises delay in depositing TDS + rationalisation of compounding of offences + revamps reassessment periodBudget proposes comprehensive review of I-T Act, 1961 + simplifies provisions for charities and TDSFM reduces customs duty on gold and silver to 6% + Nil BCD on nickel cathodeBudget proposes to reduce BCD on mobile phone and chargers to 15% + exempts 25 minerals from customs dutyFM exempts cancer medicines from Customs duty + amends BCD for various machinesFM proposes Rs 48 lakh expenditure outlay; 4.9% fiscal deficitFM announces Rs 1 lakh crore fund for developing space economyPromotion of Tourism - Vishnupad temple and Bodh Gaya temple corridors to be supportedFM announces over Rs 11 lakh crore capital expenditure in current fiscalGovt to invest in small Nuclear energy plants in partnership with private playersCentre to ask States to lower stamp duty for women purchasers of housesIBC - More Benches of NCLT to be set up to speed up recoveryFM spikes limit of Mudra loan to Rs 20 lakhsBudget offers financial aid to labour-intensive MSMEs in manufacturing sectorGovt announces 3 crore additional houses under PM SchemeGovt to secure Rs 15K loan for AP from multilateral agenciesGovt to frame new policy for all-round development of Bihar, Jharkhand and OdishaGovt to give one-month salary to all new recruits in formal sector through EPFOGovt to promote vegetable clusters closer to urban settlementsGovt to focus on productivity of agriculture with climate-resilient seedsFM allocates Rs 2 lakh outlay for PM's five schemes for job creation and farmersFM Nirmala Sitharaman presents 7th Union Budget in ParliamentBudget 2024: FM arrives at Parliament; Speech to begin at 11AMEconomic Survey 2023-24 - from GST PerspectiveUkrainian FM goes on tour to ChinaI-T- Additions framed u/s 69A are untenable where affidavits submitted by assessee's parents to explain source of cash deposits, were discarded by AO without consideration : ITATSurvey acknowledges productivity loss due to mental health disordersI-T- Short term capital gains returned by the assessee in terms of provisions of section 50 of the Act on assets held for a period of more than 36 months be treated as long term capital gains: ITATExpenditure on social services up from 6.7% to 7.8% of GDP: SurveyI-T-Additions framed u/s 68 are upheld where assessee is unable to prove genuineness of transaction involving purchase and sale of penny stock: ITATTrade deficit contracts to USD 78 bn from USD 126 bn in 2023I-T-Re-assessment is invalidated when there is no failure on part of assessee to make full and true disclosure of facts necessary for assessment: ITATCorporate profitability has peaked to 15-yr-old high between 2020-2023: SurveyI-T- When cash generated out of sales has been credited in the books of accounts, the provisions of Sec.69A could not be invoked: ITATBudget 2024: More relief for senior citizens & individual taxpayers on card; tweaking of capital gains tax likely; steady capital expenditure to stayI-T- If any amount invested is purely a strategic investment & for purpose of commercial expediency, then AO cannot hold such investments to be for non-business purpose: ITATGoogle backpedals on plan to scrap cookies from ChromeCus - For a HNWI individual, an expensive watch of 'Rolex' make would be his personal effect but same may not be the case if the person is of mere means - Pendant studded with diamonds not liable for confiscation: HCGovt amends Recruitment Rules for Debts Recovery TribunalGST - Even if no date, time or place of hearing is indicated in the notice issued, it was the duty of assessee to file his reply to SCN, which was admittedly received - Plea regarding violation of principles of natural justice cannot be countenanced: HCAbhinav Bindra conferred with Olympic OrderGST - Mismatch between value of e-way bills generated on portal and returns filed in Form GSTR-3B - Petitioner did not provide a comprehensive explanation - To remit sum of Rs.3.50 crores within six weeks - Matter remanded: HCHackers mercilessly hack Bangladesh PM’s website along with police portalsGST - Rule 30 of Rules, 2017 - Assessing officer ought to have issued summons and obtained clarification rather than estimating the outward supply value at 110% of purchase value - Order set aside and matter remanded subject to remit of 10% disputed tax demand: HCUS law-makers call for resignation of Secret Service chief in Trump assassination caseGST - Net ITC shown incorrectly - An inadvertent error was committed and such error was rectified, albeit irregularly, however, sum recovered from petitioner's bank account - Order set aside and matter remanded: HCKarnataka IT Industries piling pressure on govt to extend working hoursGST - Since notification is declared unconstitutional, Amount of IGST paid pursuant to Entry No. 10 of Notification No. 10 of 2017 is to be refunded along with statutory interest: HCStudy says earth’s water depleting fastFDI inflows slide to USD 26.5 bn in 2024 from USD 42 bn in 2023: Economic Survey
 
Economic Survey 2023-24 - from GST Perspective

JULY 23, 2024

By CA Vaishali Kharde

THE journey of GST has been marked by frequent updates and clarifications, significantly impacting businesses across sectors. These amendments are often introduced to streamline processes, enhance compliance, and address emerging challenges on the tax landscape.

Economic Survey 2023-24 [ES 23-24] has provided valuable insights of GST in India, highlighting successes. This article aims to discuss summary of ES 23-24 from GST perspective along with our comments.

Remarkable increase in GST Collection for FY 2023-24

As per ES 23-24, both Goods and Services Tax (GST) collections and the issuance of e-way bills, reflecting wholesale and retail trade, demonstrated double-digit growth in FY 24. More than 1.3 crore entities are registered under GST and filing returns.

ES 23-24 also highlighted that the increase in indirect taxes in FY 24 was mainly driven by a 12.7% growth in GST collection. The increase has been equally pronounced for both intra-state trade and inter-state trade. The increase in GST collection and E-way bill generation reflects increased compliance over time.

Our Comment

Action taken by the Government in case of fake invoicing racket is really appreciable. However, certain genuine taxpayers are also suffering due to certain measures undertaken from GST perspective for collection of GST revenue. One such provision as implemented where GST disclosed in GSTR-1 but not paid in GSTR-3B (i.e. GSTR-1 is higher than GSTR-3B) can be recovered as self-assessment tax. It is observed that the Authorities are initiating recovery immediately. The difference could be on account of inadvertent error while filing of GSTR-1 and other reasons. Immediate recovery is not only impacting creditability of business but also affecting working capital planning.

Rationalisation of GST Rate Structure

ES 23-24 highlighted that over the last 7 years, GST has matured significantly through streamlining of procedures and, in the process, enhancing tax buoyancy for the Union and State governments.

There have been calls for further rationalisation of rate structure to compress the number of rates, elimination of rate inversions, introduction of broad-band rates for similar products and expanding the tax base.

Our Comment

At present, the taxpayers are struggling with maze of amendments by way of Notifications, Circulars, Orders along with litigation. Thus, complexities introduced on account of amendments and clarification require businesses to stay vigilant and adapt swiftly to remain compliant.

Impact on Logistics Efficiency

ES 23-24 has highlighted that, GST has played a remarkable role in reducing logistics costs. The 'One Nation, One Tax' regime has ensured that trucks do not have to wait for hours on state borders, which has reduced travel time by up to 30%. This has reduced the logistics cost and increased the average distance trucks travel from 225 km before GST to 300- 325 km as per a Ministry of Road Transport and Highways report.

ES also highlighted that it has been adding to the ease of doing business and the growth of manufacturing in the country. An NCAER study of December 2023 has shown that the logistics cost in the economy has declined by 0.8 to 0.9 percentage points of GDP between FY 14 and FY 22.

Our Comment

While the reduction in waiting times due to measures like the e-way bill is noted, the current compliance burden remains significant with requirements for both e-way bills and e-invoices. Simplifying these processes further could alleviate compliance costs for businesses.

In summary, while ES 23-24 recognizes the positive impact of GST implementation, it also underscores the ongoing challenges and areas needing refinement. However, to enhance GST stability and effectiveness it may require differentiation between serious and less serious offences while imposing harsh penalty, spreading awareness among taxpayers regarding common mistakes, encouraging voluntary compliance and expediting the resolution of disputes.

Addressing these challenges through strategic reforms and policy adjustments will be crucial for maintaining GST's role as a catalyst for economic growth while ensuring a conducive environment for business.

(The Author is a Chartered Accountant, Founder and CEO of CA Vaishali B Kharde and Company. The Author has authored and co-authored books on GST and litigation.)

(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)

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