Admin GST 13/08/2017
The Goods and Services Tax GST) Council, in itsmeeting held today in Vigyan Bhawan in New Delhi under the Chairmanship of the Union Minister for Finance & Corporate Affairs, Shri Arun Jaitley has approved the draft CGST Bill and the draft IGST Bill as vetted by the Union Law Ministry. This clears the deck for the Central Government to take these two Bills to the Parliament for their passage in the ongoing Budget Session.Some of the main features of the two Bills, as finalized by the GST Council, are as follows:
*.v. In order to prevent cascading of taxes, ITC would be admissible on all goods and services used in the course or furtherance of business, except on a few items listed in the Law.
*.vi. In order to ensure that ITC can be used seamlessly for payment oftaxes under the Central and the State Law, it has been provided that the ITC entitlement arising outof taxes paid under the Central Law can be cross-utilised for payment of taxes under the laws ofthe States or Union Territories. For example, a taxpayer can use the ITC accruing to him due to payment of IGST to discharge his tax liability of CGST / SGST / UTGST. Conversely, a taxpayer can use the ITC accruing to him onaccount of payment of CGST / SGST / UTGST, for payment of IGST. Such payments are to be made in a pre-defined order.
*.vii. In the Services sector, the existing mechanism of Input Service Distributor (ISD) under the Service Tax law has been retained to allow the flow of ITC in respect of input services within a legal entity.
*.viii. To prevent lock-in of capital ofexporters, a provision has been made to refund, within seven days of filing the application for refund by an exporter, ninety percent of the claimed amount on a provisional basis.
*.ix. In order to ensure a single administrative interface for taxpayers, a provision has been made to authorise officers of the tax administrations of the Centre and the States to exercise the powers conferred under all Acts.
*.x. An agriculturist, to the extent of supply of produce out of cultivation of land, would not be liable to take registration in the GST regime.
*.xi. To provide certainty in tax matters, a provision has been made for an Advance Ruling Authority.
*.xii. Exhaustive provisions for Appellate mechansim have been made.
*.xiii. Detailed transitional provisions have been provided to ensure migration of existing taxpayers and seamless transfer ofunutilised ITC in the GST regime.
*.xiv. An anti-profiteering provision has been incorporated to ensure that the reduction of tax incidence is passed on to the consumers.
*.xv. In order to mitigate any financial hardship being suffered by a taxpayer, Commissioner has been empowered to allow payment of taxes in instalments.The remaining two Bills namely, State Goods and Services Tax (SGST) Bill and the Union territory Goods and Services Tax (UTGST) Bill, which would be almost a replica of the CGST Act, would be taken-up for approval after their legal vetting in the next meeting of GST Council scheduled on 16 March 2017.
