Foreign cos use GST gaps, cause loss: PIL – Times of India

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NEW DELHI: The Supreme Court on Wednesday sought responses of the finance ministry, the GST Council and the Central Board of Indirect Taxes and Customs (CBIC) on a PIL seeking a mechanism to levy GST on foreign companies, like Facebook and Google, in business-to-business transactions for Online Information Database Access and Retrieval (OIDAR) services.
Petitioner Pradeep Goyal, through senior advocate Sonia Mathur, told the SC that the government had no mechanism to track total GST paid on OIDAR services used by Indian recipients, which do not qualify to be Non-Taxable Online Recipients (NTORs), under reverse charge basis.
“The nature of OIDAR services are such that they can be provided online from a remote location outside the table territory. The overseas suppliers of such services would have an unfair tax advantage should the services provided by them be left out of the tax net,” Mathur said.

A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian termed the PIL, which the petitioner claimed to be non-adversarial or for any personal gain, to be a good one, needing adjudication by the apex court. The PIL, filed through advocate Charu Mathur, said the government was losing millions of dollars as goods and services tax as it did not have any mechanism to plug the gaps exploited by foreign entities.
“Figures of revenue generated out of services provided to non-NTORs are not reported anywhere in GST returns. As most overseas service providers maintain their accounts in foreign jurisdictions and are audited as per local laws of the country in which they are located, the Indian government has no mechanism to verify the total receipts earned by these service providers from India and check GST compliances,” the petitioner said.

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Foreign companies use GST gaps, cause loss: PIL – Times of India

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NEW DELHI: The Supreme Court on Wednesday sought responses of the finance ministry, the GST Council and the Central Board of Indirect Taxes and Customs (CBIC) on a PIL seeking a mechanism to levy GST on foreign companies, like Facebook and Google, in business-to-business transactions for Online Information Database Access and Retrieval (OIDAR) services.
Petitioner Pradeep Goyal, through senior advocate Sonia Mathur, told the SC that the government had no mechanism to track total GST paid on OIDAR services used by Indian recipients, which do not qualify to be Non-Taxable Online Recipients (NTORs), under reverse charge basis.

“The nature of OIDAR services are such that they can be provided online from a remote location outside the table territory. The overseas suppliers of such services would have an unfair tax advantage should the services provided by them be left out of the tax net,” Mathur said.
A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian termed the PIL, which the petitioner claimed to be non-adversarial or for any personal gain, to be a good one, needing adjudication by the apex court. The PIL, filed through advocate Charu Mathur, said the government was losing millions of dollars as goods and services tax as it did not have any mechanism to plug the gaps exploited by foreign entities.
“Figures of revenue generated out of services provided to non-NTORs are not reported anywhere in GST returns. As most overseas service providers maintain their accounts in foreign jurisdictions and are audited as per local laws of the country in which they are located, the Indian government has no mechanism to verify the total receipts earned by these service providers from India and check GST compliances,” the petitioner said.

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No proposal for scrutiny of GST assessment in faceless mode, says Anurag Thakur – Times of India

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NEW DELHI: There is no proposal of faceless scrutiny assessment of GST returns as the Goods and Services Tax rule already provide for electronic filing and assessment, minister of state for finance Anurag Singh Thakur said on Tuesday.
Income tax assessments are being done in a faceless manner except in certain conditions and till March 10, a total of 82,072 assessment cases have been completed in a faceless manner, he added.
To a query in the Rajya Sabha on whether the government is considering scrutiny of GST assessments and some stages of investigations by SFIO in a faceless mode, he said, “No such proposal for scrutiny of GST assessment in a faceless mode is under consideration of the Government presently as the GST laws and rules made thereunder already provide for electronic filing and assessment of returns on the common portal. With regard to the Serious Fraud Investigation Office, the information is also nil”.
The minister said faceless assessments have been initiated to impart greater efficiency, transparency and accountability by eliminating the interface between the Assessing Officer and assessee in the course of proceedings to the extent technologically feasible, optimising utilisation of the resources through economies of scale and functional specialisation and introducing a team-based assessment with dynamic jurisdiction.
“An independent study to ascertain assessees’ experiences in a faceless manner is being conducted by National Council of Applied Economic Research (NCAER). Department of Economic Affairs (DEA), Central Board of Direct Taxes (CBDT) have a tripartite arrangement with NCAER for conducting this independent assessment of Faceless Assessment Scheme of the CBDT,” Thakur said.

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Parliament proceedings | No proposal to bring petrol, diesel under GST: Nirmala Sitharaman

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Centre, States need to think about reducing taxes on petrol, diesel: Anurag Thakur

Minister of State for Finance Anurag Thakur on Monday told the Lok Sabha that the Centre and the States should work together towards reducing taxes on petrol and diesel and asserted that the Centre was ready to discuss the issue of bringing petroleum products under the ambit of Goods and Services Tax (GST).

 

In a written reply, however, Finance Minister Nirmala Sitharaman told the Lok Sabha that “at present, there is no proposal to bring crude petroleum, petrol, diesel, ATF and natural gas under GST”. However, while answering a supplementary question during the Question Hour, Mr. Thakur said the government was read to discuss the issue.

 

“If any State feels that petroleum products should be brought under GST then the Centre has no objection in discussing about it,” Mr. Thakur said. The Minister said while international crude prices in March 2020 were $19 per barrel, it is right now $65 per barrel.

 

“The Centre is ready to consider the idea of reducing the tax on petrol and diesel, the States should also consider it,” the Minister added.

 

During the Question Hour, Mr. Thakur also hit out at the Congress and targeted the Gandhi family in the presence of Rahul Gandhi when Congress MP Ranveet Bittu asked Mr. Thakur about Life Insurance Corporation (LIC) contributing to the Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund.

 

“They [migrant workers] did not get the benefits they should have got. LIC gave its funds only to PM Cares. Why is it so?” alleged Mr. Bittu and asked the Minister not to give a “political answer”.

 

Speaker Om Birla, in a lighter vein, remarked that “a political question will get a political reply”.

 

“There were instances where someone donated the entire pension amount to PM Cares Fund. Even those who got wages through MNREGA scheme also donated money to the PM Cares Fund just to help others,” Mr. Thakur said.

 

“But there is one family in the country who created the Rajiv Gandhi Foundation and did the job of filling their accounts. Through the Rajiv Gandhi Foundation, these people did not give priority to even the Prime Minister’s National Relief Fund. This party [Congress] did the job of filling [accounts] of Rajiv Gandhi Foundation. They feel the pinch because their account has now been closed. Rajiv Gandhi Foundation also took money from China,” he added amidst protests from Congress members.

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Draft e-commerce policy moots conformity assessment procedures for online platforms

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These procedures are related to testing, verification and certification of goods and services, among others

Conformity assessment procedures will be put in place to verify that goods and services sold on e-commerce platforms meet required standards and technical regulations, according to the draft e-commerce policy.

The policy, which is under discussion, also stated that actions and things which cannot be done by the online platform entities “can also not be done” by any of its associates and related parties.

Government may, from time to time, notify parties which fall in the definition of associates and related parties, it said.

“Conformity assessment procedures will be put in place in order to verify that goods and services sold, on e-commerce platforms, meet required standards and technical regulations, as prescribed by sector specific regulations/rules,” the draft said.

These procedures are related to testing, verification and certification of goods and services, among others.

It also said that a long-run endeavour will be to convert GeM (Government e-marketplace) into a marketplace where “ordinary consumers” could procure, increasing the efficiency in the Indian economy.

Currently, only the government departments and agencies are allowed to procure goods and services from the GeM portal.

According to the draft policy, an e-commerce operator operating in marketplace or hybrid mode will have to manage its relationship with sellers on its platform in an agnostic manner and without being partial to any of its sellers.

It has talked about areas like definition of e-commerce, code of conduct, creation of conducive environment, enhancing exports, monitoring, meeting regulatory challenges of the sector, handling of data, free and informed choice of consumers, fair competition, anti-counterfeit and anti-piracy.

Last week an inter-ministerial meeting chaired by officials of Department for Promotion of Industry and Internal trade (DPIIT) had discussed this draft.

The draft has defined e-commerce as the business activities of sale, marketing, distribution of goods or provision of services through the Internet or other information networks and it would be equally applicable to entities with foreign and domestic investments.

“An e-commerce operator shall mean any entity that is engaged in the operational activities of selling goods or providing service through the internet and other information network, including e-commerce platform operators, operators on platform and e-commerce operators selling goods or providing service via their self-built website or other web service,” it added.

Further it has stated that the government will work towards streamlining of regulatory processes to ease the burden of compliance for activities related to e-commerce.

The government would endeavour to bring offline sellers online and provide support for aiding computerization, digital payment enablement and on-boarding of those sellers that currently do not have such facilities.

“Back-end channel integration and hyper-local models are important ways in which growth of the sector can be inclusive and will be encouraged, so as to integrate advantages of the offline retail trade with those of online sale,” it said.

To promote exports through the e-commerce medium, the draft has stated that steps will be taken to provide online lending, credit rating, finance, and transportation support to SMEs through private and public sector banks.

The digital integration of multiple interfaces such as Central Board of Indirect Taxes and Customs (CBIC), Department of Posts (DoP), Directorate General of Foreign Trade (DGFT) and Goods and Service Tax Network (GSTN) for facilitating e-commerce exports shall be undertaken, it added.

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GST Council May Consider Inclusion of Petrol, Diesel At An ‘Appropriate Time’: Nirmala Sitharaman in Lok Sabha

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Amid record-high fuel prices, Finance Minister Nirmala Sitharaman on Monday said there is no proposal as of now to bring crude oil, petrol, diesel, jet fuel (ATF) and natural gas under the Goods and Services Tax (GST). When the GST was introduced on July 1, 2017, amalgamating over a dozen central and state levies, five commodities – crude oil, natural gas, petrol, diesel, and aviation turbine fuel (ATF) – were kept out of its purview given the revenue dependence of the central and state governments on this sector.

This meant that the central government continued to levy excise duty on them while state governments charged VAT. These taxes, with excise duty, in particular, have been raised periodically. While the taxes haven’t come down, a spike in global oil prices on demand recovery has pushed petrol and diesel to an all-time high, leading to demand for them come under the GST.

“At present, there is no proposal to bring crude petroleum, petrol, diesel, ATF and natural gas under GST,” Sitharaman said in a written reply to a question in the Lok Sabha. She said the law prescribes that the GST Council shall recommend the date on which the goods and services tax be levied on petroleum crude, high-speed diesel, motor spirit (commonly known as petrol), natural gas and ATF.

“So far, the GST Council, in which the states are also represented, has not made any recommendation for inclusion of these goods under GST,” she said. The Council may consider the issue of inclusion of these five petroleum products at a time it considers appropriate keeping in view all the relevant factors, including revenue implication, she added.

Including oil products in GST will not just help companies set off tax that they paid on input but will also bring about uniformity in taxation on the fuels in the country. Sitharaman has in recent weeks talked of inclusion of fuel under GST as well as centre and states taking a joint call on cutting taxes to cushion consumers against the spike in retail prices.

To a separate question, her junior in the finance ministry, Anurag Singh Thakur said excise duty on petrol was Rs 19.98 per litre a year back and is Rs 32.9 now. Similarly, on diesel, the excise duty has been raised from Rs 15.83 to Rs 31.8. “The excise duty rates have been calibrated to generate resources for infrastructure and other developmental items of expenditure keeping in view the present fiscal position,” Thakur, Minister of State for Finance, said giving reasons for raising the levy.

On the impact of higher fuel rates on general prices, he said ‘petrol for vehicle’ inflation has increased from 7.38 per cent in January 2020 to 12.53 per cent in January this year. Similarly, ‘diesel for vehicle’ inflation has increased from 6.44 per cent in January last year to 12.79 per cent this year, he said.

On fuel pricing, Thakur said the prices of petroleum products in the country are benchmarked to international product prices. “Generally, the price of petroleum products in the country are higher/lower than other countries due to a variety of factors, including prevailing tax regime and subsidy compensations by the respective Governments,” he said.

The government ended subsidies on petrol in 2010 and on diesel in 2014. ATF pricing was freed in 2002.

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Consumption driving India’s economic revival: ASSOCHAM – Times of India

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MANGALURU: Consumption is certainly driving the revival of the Indian economy with states like Gujarat, Rajasthan, Tamil Nadu and West Bengal filling the ‘shopping cart’ at a fast clip, a review of GST data disaggregation by ASSOCHAM has noted.
In all, 23 states and UTs registered a positive GST revenue collection trend during February, reflecting an uptick in consumption.
Breaking down the February 2021 GST collection showed that Gujarat has achieved the enviable position of being amongst the largest consumption states and has grown its revenue at an impressive pace of 14 per cent year-on-year in February (from Rs 7215 crore to Rs 8221 crore).
Though Maharashtra is the largest consumption state, its annualised GST growth was on the lower side, partly because of a large base.
Along with Karnataka, Maharashtra showed a modest annual expansion of two per cent for the month. However, credit also goes to these states for maintaining consumer confidence despite being amongst the largest consumption states.
As the Goods and Services Tax (GST) is mainly the consumption tax, it gives a better picture of consumer confidence than a combination of taxes which have since been merged into GST. Being the largest consumption state, Maharashtra raked in GST revenue (Centre-State combined) of Rs 16,103 crore in February 2021, showing an increase of two per cent over the corresponding month of last year. A similar 2 per cent rise was seen in Karnataka, with GST revenue increasing to Rs 7581 crore for the month under review.
”The consumption story is catching up with the trend being led by manufacturing, FMCG, chemicals, fertiliser, real estate and construction with a major positive impact on industries such as steel and cement. Once the capacity utilisation reaches to the fullest, the investment wheel of the economy too would pick up momentum, giving further traction to the economy,” ASSOCHAM Secretary General Deepak Sood said. He said the chamber’s assessment about the V-shaped recovery in the FY’22 is being reflected in the high-frequency data, including the key figures of the GST collections.
The gross GST revenue collected February 2021 Rs 1.13 lakh crore, showing an increase of seven per cent over the same month last year.
The other states pointing towards speedy revival in consumption include Tamil Nadu, Himachal Pradesh, Punjab, Haryana, Sikkim, Arunachal Pradesh, Odisha, Jharkhand, Madhya Pradesh, Chhattisgarh and Jammu and Kashmir.
However, states like Goa which depend significantly on services like tourism, have shown a drop. With the vaccination drive picking up pace, the services sector too should return to growth in the next few quarters, the ASSOCHAM review noted.

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Petrol price can come down to ₹ 75 if brought under GST, but there is lack of political will: SBI Economists

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The SBI economists said bringing petrol and diesel under the goods and services tax is an unfinished agenda of the GST framework.

Petrol price can go down to ₹ 75 a litre across the country if brought under the ambit of the Goods and Services Tax (GST), but there is a lack of political will, which is keeping Indian oil product prices at one of the highest in the world, economists at SBI said on Thursday.

Diesel will come at ₹ 68 a litre and the revenue loss for the Centre and states will be only ₹ 1 lakh crore or 0.4 % of GDP, according to the calculation by the economists made under the assumption of global crude prices at $ 60 a barrel and exchange rate at ₹ 73 per dollar.

At present, every state has its own way of taxing fuels, while the Centre also collects its own duties and cess. Petrol prices have touched ₹ 100 per litre in some pockets of the country and concerns are being expressed about the high taxation which is making the fuels dearer.

The SBI economists said bringing petrol and diesel under the goods and services tax is an unfinished agenda of the GST framework and getting the prices under the new indirect taxes framework can help.

“Centre and states are loathe to bring crude oil products under the GST regime as sales tax/VAT (value added tax) on petroleum products is a major source of own tax revenue for them. Thus, there is lack of political will to bring crude under the ambit of GST,” they said.

At present, states choose to levy a combination of ad valorem tax, cess, extra VAT/surcharge based on their needs and these taxes are imposed after taking into account the crude price, the transportation charge, the dealer commission and the flat excise duty imposed by the Centre, they explained.

Assuming for the crude prices and dollar rate, transportation charges at ₹ 7.25 for diesel and ₹ 3.82 for petrol, dealer commission of ₹ 2.53 for diesel and ₹ 3.67 for petrol, cess of ₹ 30 for petrol and ₹ 20 for diesel which will be divided equally between the Centre and states, and GST rate at 28 %, the economists came at the final price estimates.

A growth in the consumption – diesel going up 15 % and petrol by 10 % – has been used to assess the ₹ 1 lakh crore fiscal impact of getting petroleum prices under GST, it said.

An increase of $ 1 in the crude oil prices will push up the petrol price by around 50 paise and diesel prices by around ₹ 1.50, and bring down the overall deviation by around ₹ 1,500 crore under the baseline scenario, it said.

States, which have the highest share of tax revenues at present, will be the biggest losers if the system shifts to GST, it said, quickly adding that such a move will help consumers pay up to ₹ 30 less.

Interestingly, the simulation exercise suggests that when crude oil price declines by $ 10 per barrel, Centre and states could save close to ₹ 18,000 crore, if they keep the petrol prices at baseline prices without passing the benefit to consumers, which is higher than the savings of ₹ 9,000 crore when the crude prices go up by a same measure.

“We thus recommend the government build up an oil price stabilisation fund which can be used in bad times for compensating revenue loss by cross subsidising fund saved from good times, without hurting the consumer,” it said.

For the LPG cylinders, the economists proposed an increased and graded subsidy may be provided to poor consumers which can be tapered off over a period of, say, 5-years.

Meanwhile, the note said the latest revenue and expenditure numbers could lead to lowering of fiscal deficit to 8.7 % in FY21, down from 9.5 % in the revised budget estimates.

It is highly likely that the Government might cancel its ₹ 49,000 crore borrowing planned in the last fortnight of March, they said.

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Govt Extends Due Date for Filing FY20 GST Annual Returns Till March 31

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The government on Sunday extended the deadline for filing GST annual returns for 2019-20 fiscal by a month till March 31. This is the second extension given by the government. The deadline was earlier extended from December 31, 2020, to February 28. In view of the difficulties expressed by the taxpayers in meeting this time limit, Government has decided to further extend the due date for furnishing of GSTR-9 and GSTR-9C for the financial year 2019-20 to March 31, 2021 with the approval of Election Commission of India, the Finance Ministry said in a statement. GSTR 9 is an annual return to be filed yearly by taxpayers registered under the Goods and Services Tax (GST). It consists of details regarding the outward and inward supplies made or received under different tax heads.

GSTR-9C is a statement of reconciliation between GSTR-9 and the audited annual financial statement. On the extension, AMRG & Associates Senior Partner Rajat Mohan said, Even though it is a relatively small extension of 31 days but is sufficient for the tax professionals to complete the requisite filings.

EY Tax Partner Abhishek Jain said most industry players were struggling to meet this statutory deadline and had represented to the government for an extension. Furnishing of the annual return is mandatory only for taxpayers with aggregate annual turnover above Rs 2 crore while reconciliation statement is to be furnished only by the registered persons having aggregate turnover above Rs 5 crore.

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