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    March 22, 2011
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    GST IT strategy proposes national IT infrastructure to operationalise tax administration; draft to be refined with stakeholders.
    IT strategy to enable GST implementation proposes a national IT infrastructure and operational framework to support registration, return filing, tax administration and intergovernmental coordination; the draft by the Empowered Group on IT Infrastructure on GST is intended as a technical blueprint to be refined through stakeholder and expert consultations.
    March 22, 2011
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    Goods and Services Tax: constitutional amendment to enable concurrent GST powers and a national harmonised tax framework.
    The Bill amends the Constitution to confer concurrent power on Parliament and State Legislatures to levy a Goods and Services Tax, creates mechanisms for levy and apportionment of GST on inter State supplies, excludes specified petroleum products and alcohol from GST, and establishes institutional bodies-the Goods and Services Tax Council to make harmonisation recommendations and a Goods and Services Tax Dispute Settlement Authority to adjudicate revenue and harmonisation disputes, while realigning constitutional entries and providing transitional and presidential powers to address implementation difficulties.
    March 8, 2011
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    Aviation turbine fuel exclusion from GST upheld; request to include it and to raise passenger duty free allowances denied.
    A request to bring aviation turbine fuel within the Goods and Services Tax and to double passenger duty free allowances was not accepted: the proposed GST model did not permit inclusion of aviation turbine fuel, and increasing duty free concessions for arriving passengers was found infeasible.
    February 28, 2011
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    Service tax expansion: hotel accommodation and licensed air conditioned restaurants taxed with abatements and GST alignment measures.
    Levy of service tax is extended to specified hotel accommodation above a stated tariff and to air conditioned restaurants licensed to serve liquor, with abatements of 50% and 70% respectively reducing effective burden. Proposed complementary measures to align the service tax regime with a future GST include expanding service categories, revising import of services valuation, modifying Cenvat Credit to rebalance input and output taxation, rationalizing penal provisions, and adopting Point of Taxation rules to shift toward accrual based collection.

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      New Service Tax Structure a Step Closure Towards Proposed GST - Service Tax Regime on Hotel Accommodation, Restaurant Services Restructured

      February 28, 2011

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      Hotel accommodation, in excess of declared tariff of ₹ 1000 per day and service provided by air conditioned restaurants that have license to serve liquor are the new services which have been brought under the service tax net.  While proposing to levy service tax on these services, the Union Finance Minister, Shri Pranab Mukherjee has said that the hotel accommodation with declared tariff of over ₹ 1000 per day will have to pay the service tax with an abatement of 50 per cent.  This will mean an effective burden of only 5 per cent of the amount charged.  Air conditioned restaurants with license to serve liquor will now be paying service tax with an abatement of 70 per cent.  The effective burden will be 3 per cent of the bill only in this case. 

                  Shri Mukherjee has also proposed various measures to achieve a closure fit between the present service tax regime and its GST (service and goods tax) successor.  These measures would include:

      • Bringing in a few new services into the tax net to expand the tax base while ensuring that the impact is predominantly on sections of society that have the ability to pay;
      • Suitably expanding or rationalizing the scope of existing service categories;
      • Rationalizing certain provisions relating to import of services and valuation;
      • Modifying provisions of the Cenvat Credit scheme to achieve a more realistic balance between input credits and output tax and harmonizing the provisions of the scheme across goods and services;
      • Rationalizing penal provisions to reinforce the message that honest taxpayers would be facilitated and deviants would be dealt with severely; and
      •  Adoption of Point of Taxation rules for services which would shift the basis for tax collection from “cash” towards “accrual” basis as with Central Excise duty.

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      ActsIncome Tax