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    December 14, 2010
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    GST transition preparedness urges roadmap, IT automation and audit integration to ensure smooth implementation and compliance.
    The address identifies preparatory deficiencies from the VAT transition likely to affect implementation of a national Goods and Services Tax and recommends a roadmap to resolve legacy issues, prioritise IT automation and mandatory e filing, integrate intra and inter state units, refine risk based audit selection, and implement comprehensive cross verification of dealer returns to reduce revenue leakage and stabilise administration under GST.
    December 14, 2010
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    Goods and Services Tax: phased rollout with transitional dual-rate and IT modernization to integrate taxation and improve collections.
    Goods and Services Tax implementation should follow a consensual, phased approach allowing a transitional dual rate structure while preparing Central and model State GST legislation and requisite Constitutional amendment. A mission-mode computerization of States' commercial tax administration and an Empowered Group to design the GST IT platform are to underpin e-services and systematic roll-out, enabling input tax credit, market integration, improved collections and simplified tax procedures.
    December 7, 2010
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    State demand for settlement of central tax dues as precondition to GST rollout, seeking early resolution before implementation.
    The state conditioned GST implementation on early settlement of its pending central-tax claim, asserting losses in central-tax receipts due to the prior Value Added Tax regime for three financial years and demanding prompt discharge by the Centre as a precondition to proceed; unresolved dues and ignored reminders have produced a sense of distrust between governments.
    November 24, 2010
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    Goods and Services Tax proposal seeks constitutional amendment and institutional bodies amid Centre-state disagreement on governance.
    The core legal matter is the proposed Goods and Services Tax and the constitution amendment required to implement it, with state finance ministers meeting to reach consensus on replacing multiple taxes and on institutional mechanisms. Central to negotiations are the proposed GST council to govern tax changes and a Dispute Settlement Body to resolve intergovernmental disputes, proposals that some states have not accepted.
    October 31, 2010
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    Goods and Services Tax structure: Centre opposes altering core design as GST Council and dispute body remain central.
    The Finance Ministry rejects changes to the basic structure of the proposed Goods and Services Tax, stating the Dispute Settlement Body and the GST Council are core to the regime. A draft Constitution Amendment Bill proposes a GST Council chaired by the Union Finance Minister to take collective decisions on indirect taxation, a provision resisted by state finance ministers as impinging on state taxation competence.
    August 18, 2010
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    Primacy of Legislature affirmed: GST Council to issue non-binding recommendations guiding tax rates and harmonisation.
    The Finance Minister affirmed legislative primacy in taxation and recast the GST Council's role as a consensus-based forum whose decisions are recommendations to guide rates, exemptions and thresholds rather than bind legislatures. He endorsed creating an independent GST Dispute Settlement Authority, urged finalisation of the Constitutional Amendment as an enabling step while parallel work on rates and IT infrastructure continues, and directed the Joint Working Group to address subsumption of local taxes. On CST compensation, he requested accounting for additional State revenue from agreed VAT rate increases and prompt submission of audit-certified claims.
    August 4, 2010
    Show AI Summary
    GST phased implementation proposes dual rate transition and aligned exemptions to ease nationwide adoption for stakeholders.
    A phased GST introduction is proposed with a transitional dual rate structure accepted by the Centre and alignment of CGST exemptions with State SGST exemptions; a uniform dealer and service exemption threshold is proposed, and the Centre offers a higher compounding threshold for small dealers subject to State agreement. The Centre requests matching SGST rates so combined effective rates fall within a targeted initial band, with planned year by year adjustments to converge CGST and SGST to a single common rate contingent on revenue and compensation outcomes.
    August 4, 2010
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    State financial autonomy challenged by proposed veto power for Union Finance Minister, prompting rejection of the GST amendment draft.
    States opposed a proposed constitutional amendment for GST because it would grant the Union Finance Minister a veto power over state subjects, which states view as infringing state financial autonomy. The Empowered Committee objected to the draft's provisions for the GST Council and the GST Disputes Authority and rejected the bill in its present form, while urging amendments to protect intergovernmental fiscal relations before cooperation on GST implementation.
    July 22, 2010
    Show AI Summary
    GST framework promoting uniform thresholds, aligned exemptions, phased unified rates and simplified compliance for broader tax base.
    The document outlines establishment of a Direct Tax Code incorporating time-tested practices to simplify taxes, lower rates and reduce litigation, and a constitutionally enabled Goods and Services Tax implemented cooperatively with States. GST design features include uniform exemption thresholds and aligned exemption lists across central and state components, simplified compliance and compounding provisions for small dealers, a phased multi-rate to single-rate transition for goods and services, and prior deployment of dedicated IT infrastructure through an empowered TAGUP group with Centre-State representation.
    July 22, 2010
    Show AI Summary
    GST rate structure phased approach ensures aligned central and state rates at inception and during transition.
    The Centre advances a GST framework requiring uniform treatment under CGST and SGST by setting identical exemption and compounding thresholds, aligning exempt lists, and adopting IT-driven simplification via an empowered group to implement a national GST system. It proposes phased, coordinated central and state rate arrangements-beginning with a dual-rate structure at introduction and convergence to a single rate over time-while committing to compensate States for revenue losses from tax subsumptions under mutually agreed formulas and to support State computerisation for GST implementation.

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      CAG on GST

      December 14, 2010

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      Finance Minister Shri Pranab Mukherjee today inaugurated a two-day National Seminar on 'Goods and Services Tax : Transition Issues', organised by the Comptroller & Auditor General of India (CAG) to discuss the findings of the CAG on the preparedness for transition from sales tax to value added tax, the rationale for the tax reforms, IT related issues to GST as well as legal and operational issues relating to tax reforms. 

      Text of speech of the CAG, Shri Vinod Rai at the Inaugural function of the National Seminar on 'Goods and Services Tax: Transition issues', is as follows: 

      "This seminar is being hosted as part of the celebrations associated with completion of 150 years of the institution of the Comptroller and Auditor General of India. The Hon'ble Finance Minister would recall that recently in his speech delivered on the occasion of the inaugural ceremony of the 150th anniversary celebrations he had mentioned that the C&AG's study report on the issues faced in the implementation of VAT in different States was of considerable interest and that he would welcome the audit inputs in regard to GST at the appropriate time. 

      GST is an integrated scheme of taxation that does not discriminate between goods and services and is a part of the proposed tax reforms that centre on evolving an efficient and harmonized consumption tax system in the country. In the Union Budget for the year 2006-2007, the Finance Minister proposed that India should move towards a national level Goods and Services Tax that should be shared between the Centre and the States. The Union Government is now actively engaged with the Empowered Committee of State Finance Ministers to finalise the structure of the GST as well as the modalities of its expeditious implementation. 

      The genesis of the idea of holding this seminar arose from the reactions to the Study Report we produced in June 2010 on "Implementation of Value Added Tax in India -Lessons for Transition to Goods and Services Tax." That Report synthesized the findings of the performance audits conducted by 23 of our field offices where we reviewed the transitional process from the sales tax regime to the VAT system by evaluating whether the States had planned well for the transition, the administrative machinery had been appropriately geared to suit the requirements of the new tax regime, the legislative provisions were adequate and properly enforced, adequate and effective internal controls were in place and the new systems had stabilized and were functioning effectively after four-five years of introduction of VAT. The Report underlined the fact that certain fundamental issues which were required to be tackled prior to implementation of VAT were not addressed and their consequent fallout in the post-VAT scenario was discussed. 

      We are of the opinion that the findings of that Report could serve as indicators towards some of the important areas which need to be examined and tackled before we transit to the GST regime. We have made certain recommendations in that Report which among others underline the need to draw up a road map for resolution of issues from the legacy system before switching to GST, place automation high on priority, make e-filing mandatory, integrate all units including check gates within the states and inter-state, refine the risk-based selection of dealers for tax audit to generate a sample that is both viable and effective in detection of evasion and have a comprehensive mechanism for cross verification of the returns of the dealers with other records, including those of other departments. 

      As professional auditors we are committed to continuously upgrade our skills. With reforms being introduced in the economy, our institution also has to keep abreast of the changes in order to fine-tune both our audit approach and the methodology of audit. We have moved on from being a fault-finding machinery to one where we adopt a holistic approach focusing on the macro picture, contributing to the process of governance through timely interventions. 

      The aim of audit is not to criticize but to place the Executive in a comfort zone by acting as an aid to the decision making process. As revenue auditors, we look at systems and processes and point out lacunae in laws and rules which lead to leakage of revenue and suggest ways to plug this. The findings in our Reports have led to several amendments in various legislative enactments, both at the Centre and in the States. To cite an example, on the Direct Taxes side, the Government introduced six legislative amendments in the last five years to correct the anomalies pointed out by us, the latest being the amendment made in the Finance Act 2009 based on our Report on 'Assessments relating to infrastructure development (Deductions under section 80‐IA of the Income Tax Act)'. Deductions under section 80‐IA of the Act are based on profits, and the lack of clear directions for determination of reasonable profits, fostered a tendency among eligible assessees to artificially inflate profits. The Act was amended in July 2009 to cap the eligible profits within statutory or regulatory restrictions in the sector. Changes have also been made in the Central Excise Act, Service Tax Act and in State laws and rules on the basis of findings highlighted in our Audit Reports. 

      I mention this in order to underline the fact that in order to be effective auditors, it is essential that we thoroughly familiarize ourselves with the system we are required to audit. It is with this in mind, that we are holding this seminar. We are aware that GST is at a very nascent stage and is yet to find a shape and form. A clear picture on the design of GST and the infrastructure necessary for its successful implementation has not yet emerged. However, once GST is in place it will have concrete implications for the economy and it is therefore important to be aware of them. It is imperative for us as professional auditors to be a part of the evolving process in order to be effective. Through this seminar, we intend to provide a platform where individuals who are actively associated with the process of determining the final shape of GST, engage in dialogue on critical parameters, share their views, experiences as well as concerns, reflect on the problems and throw light on what could be the possible way forward. We have amongst us distinguished representatives of the Union and State governments, scholars, academicians, chartered accountants and persons from trade and industry associations. We look forward to hearing their views on a gamut of issues ranging from the need for a constitutional amendment for introduction of GST, development of IT infrastructure, the possible architecture of rates, exemptions and thresholds and the administrative preparedness that would be required to effectively implement the new tax regime. Their rich experience would help those of us in the auditing profession reflect on what is till now uncharted territory. 

      In conclusion, I am privileged to welcome all our distinguished guests on this occasion. We look forward to intense discussions and debates over these two days." 

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