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GST-2016

Deepak Aggarwal
Goods and Services Tax unified levy to replace multiple indirect taxes, creating a GST Council and compensation mechanism. GST is proposed as a unified indirect tax replacing multiple central, state and local levies, enabled by a constitutional amendment creating a GST Council to set tax policy and resolve disputes. The amendment includes a transitional compensation mechanism for states and treats petroleum products as zero-rated for an initial transitional period, with later decisions to be made by the Council. Entry tax is brought within GST while tobacco and alcohol are likely excluded. Key implementation details-use of statutory inter-state forms and the administrative structure of tax authorities-remain unresolved pending the final GST legislation. (AI Summary)

GST-2016

Latest development

  • Union Cabinet gave its assent on Wednesday to the constitutional amendment bill.
  • GST on April 1, 2016, replacing a range of indirect taxes levied by the Centre, states and local bodies with one unifying levy.
  • The bill all set to be presented in the current session of Parliament; it would be seen as enormously positive towards GST implementation on April 1, 2016.'The bill will have to be ratified by a two-thirds majority.
  • The government is hoping for parliamentary approval in the budget session. The constitution has to be amended to allow states to tax services and the Centre to tax goods at the retail level besides laying down the basic framework for GST by creating a council and a dispute settlement mechanism.
  • Government has accommodated these concerns by providing for a five-year tapering compensation in the constitutional amendment bill itself. Petroleum products have been included in GST but will be taxed at zero rate for three years, implying that states will be able to tax these for that period.
  • After three years, a decision will be taken by the proposed GST Council, which will take decisions on the tax, on which states will have about two thirds of the vote.
  • Entry tax has been included in GST, making it a more rounded tax, but states will be adequately compensated. States had wanted this levy kept out. Tobacco and alcohol, major revenue sources for states, are not likely to be covered by GST.
  • Finance minister held a series of meetings over the past few days with state finance ministers to address their concerns including compensation. He had also announced compensation of ₹ 11,000 crore to make up for the cut in the central sales tax (CST) rate to 2% from 4% and assured an additional sum in the coming budget. The issue of CST compensation had been a key irritant.
     
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THAMBUSAMY SEKAR on Dec 21, 2014

Dear Deepak,

Whether statutory forms viz. C / F / H will play role in GST-2016 ? can you brief about it ?

With Warm Regards,

Nirmal Nithish

​Pondicherry.

Deepak Aggarwal on Dec 22, 2014

Dear Sir,

As such there is no clarity about to use form C / F / H in inter trade sale. As per publication issued by The ICAI, various models have been suggested based on models already implemented in different countries. Basic idea is that the seller pays only on net GST (after claiming input tax credit) irrespective of state boundaries. Rest will be clear once GST bill will come out.

Thanks

Saurabh Rairikar on Dec 22, 2014

Aggarwal Sir,

Thank you for the valuable input. Does it seem that the State and Central Government Offices for taxes (VAT/Commercial Tax and Central Excise, Service Tax and Customs) will remain the same as of now only with division of jurisdictions or merger of the offices is also implied. i.e. to ask whether the implementing agencies remaining the same, only levies will be merged OR the implementing agencies will also undergo merger/ reshuffle.

Regards.

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