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        Case ID :

        Jaitley looks to break deadlock at GST meeting today

        January 16, 2017

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        New Delhi, (PTI) Finance Minister Arun Jaitley will today look to break the deadlock over distribution of powers between centre and states to administer GST, an issue that is holding up launch of the new national sales tax from April.

        The all-powerful GST Council, headed by Jaitley, will meet for the ninth time today with the issue of who gets to administer the Goods and Services Tax (GST) being the single biggest issue on agenda.

        The council has been deadlocked in the last four meetings, the last one being on January 4, with states seeking sole powers to control assessee with annual turnover of up to ₹ 1.5 crore.

        Centre, however, is not in favour of a horizontal split as it feels states do not have the expertise to administer levies like service tax.

        Jaitley is also not favour of dual agencies auditing and scrutinising each taxpayer as he reckons multiple authorities could end up acting at cross-purposes.

        Jaitley had last week hoped to resolve the pending issues to get the new indirect tax regime rolling from April 1.

        "Most of the issues have been sorted out, some critical issues remain and these critical issues over the next few weeks we will try and solve out," he said last week. "We would want it to be implemented from April if all issues are resolved."

        The GST Council is also to discuss the taxation of trade in territorial waters. Also the corpus to be created for compensating states for loss of revenue from GST rollout may figure in today's meeting, sources said.

        The council had in previous meeting agreed on most of the clauses of the draft IGST law, which along with Central-GST (CGST) and State-GST (SGST) have to be passed by the Parliament and state legislatives respectively before the new tax regime can be rolled out.

        Interated-GST or IGST deals with levy on inter-state supply (including stock transfers) of goods or services.

        GST will subsume a host of indirect taxes levied by the centre and the states, including excise duty, value-added tax, service tax, entry tax, luxury tax and entertainment tax.

        The Parliament passed the landmark constitutional amendment in August last year and more than half of state legislatures ratified it by mid-September.

        According to Jaitley, GST needs to be rolled out latest by September 16, 2017.

        Under the Constitutional Amendment passed by Parliament for the GST implementation, some of the existing levies would expire after September 16.

        GST would transform India into a single market, boost revenues through better compliance and simpler procedure.

        GST administration powers deadlock risks delaying rollout unless allocation, audit structure and compensation mechanisms are resolved. Deadlock concerns the distribution of GST administration powers between the Union and states, with the GST Council confronting whether states should have sole jurisdiction over taxpayers below a specified turnover threshold and whether a horizontal split of administrative competence is appropriate. The Centre opposes a broad horizontal allocation and resists dual auditing authorities on grounds that overlapping agencies could act at cross-purposes. The Council will also address taxation of trade in territorial waters and the design of a compensation corpus to offset state revenue losses, while finalising IGST clauses and securing enactment of CGST and SGST laws remain prerequisites for rollout.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                GST administration powers deadlock risks delaying rollout unless allocation, audit structure and compensation mechanisms are resolved.

                                Deadlock concerns the distribution of GST administration powers between the Union and states, with the GST Council confronting whether states should have sole jurisdiction over taxpayers below a specified turnover threshold and whether a horizontal split of administrative competence is appropriate. The Centre opposes a broad horizontal allocation and resists dual auditing authorities on grounds that overlapping agencies could act at cross-purposes. The Council will also address taxation of trade in territorial waters and the design of a compensation corpus to offset state revenue losses, while finalising IGST clauses and securing enactment of CGST and SGST laws remain prerequisites for rollout.





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