Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
+ Post an Article
Post a New Article
Title :
0/200 char
Description :
Max 0 char
Category :
Co Author :

In case of Co-Author, You may provide Username as per TMI records

Delete Reply

Are you sure you want to delete your reply beginning with '' ?

Delete Issue

Are you sure you want to delete your Issue titled: '' ?

Articles

Back

All Articles

Advanced Search
Reset Filters
Search By:
Search by Text :
Press 'Enter' to add multiple search terms
Select Date:
FromTo
Category :
Sort By:
Relevance Date

Is GST a complete law now ?

Ganeshan Kalyani
GST Complexity in India: Challenges with Amendments, E-Way Bills, and Genuine Taxpayer Burdens Under Current Framework The article discusses the complexity and challenges associated with the Goods and Services Tax (GST) in India. As of January 2023, the GST framework has seen numerous amendments, with 1,172 notifications, circulars, and orders issued by the CBIC. Despite efforts to prevent tax evasion, the law's complexity often burdens genuine taxpayers, complicating registration, tax credit claims, and refunds. Practical issues like expired e-way bills due to unforeseen circumstances are not adequately addressed, leading to penalties. The enforcement of e-way bill rules is particularly problematic, often resulting in penalties for technical issues without fraudulent intent. (AI Summary)

As on 7th November, 2022 the total count of notifications, circular, order etc. issued by CBIC in their website was 1144. But, when I visited CBIC website today on 3rd January, 2023, I found the count has been increased by 28 ( 19 + 8 + 1). That is, 19 Notifications, 8 circulars and 1 instruction has been issued by CBIC in these time gap and more particularly in the month of December, 2022. So, now total count of notifications, circular, order etc. issued till date i.e. 03rd January, 2023 is 1172. Not to stop here, the count will increase and continue to increase in the days to come.

48 GST Council meeting has been conducted in these 5 years. In other words, 48 times the GST Council met to discuss on GST law, its amendment etc.

The reason for bringing these many amendments in GST Law is to make law so complex that nobody can take undue advantage from GST. Forget about fraud taxpayers who take GST registration to get refund, issuing fake invoice to pass on input tax credit etc. the genuine taxpayer must also face difficulty in claiming GST credit, file GST return etc. within given timelines. This may not be the intention of the Govt., but this has become the ground reality now.

Getting GST registration is not easy. Taking input tax credit is difficult. Getting refund become tough. Explaining GST Officers for the mismatch in GSTR-1 vs 3B, GSTR-1 vs 9/ 9C, E-way bill, E-invoicing etc. is next to impossible.

Practical issues like E-way bill expired due to landslide, vehicle break down in mid of highway is not prescribed in the law. There are genuine reasons as to why a driver was not able to extend the validity of the e-way bill staying in middle of the problem. But the vehicle is caught. Taxes are demanded, penalty levied. Even when the goods are moving from one branch of the company to another in the same state the vehicle is caught.

What is the reason of detaining vehicle when on delivery challan it is clearly mentioned the detail of sending and receiving unit of the company. There is no tax applicability on intra-state stock transfer. Still the vehicle are caught and are taken to the GST department for proceeding.

At least to provide solution in GST law for the above mentioned problem the GST law will be amended again by issuing few notifications. So, the count is still on and the tax executive, consultant etc. has to be ready to grab the notification from e-Gazette website and analyse it and send the interpretation, newsletter etc. to readers.

answers
Sort by
+ Add A New Reply
Hide
+ Add A New Reply
Hide
Recent Articles