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GST Council plans to take up three contentious laws for discussion; targets 1 July roll-out Aiming towards a smooth roll out of Goods and Services Tax (GST) from 1 July, the GST Council will look into the three GST laws in its next meeting, scheduled for 18 February. The session by the Secretaries Panel at CNBC-TV 18 Mint’s ‘Budget 2017: The Verdict’ programme in New Delhi on Thursday evening discussed in detail the GST and its power to arrest, disinvestment plans, mergers and acquisitions, proposals for a new financial year, and other factors. West Bengal finance minister Amit Mitra, who also heads the empowerment panel on GST. AFP file image “Industry is looking forward to the laws and rules. Once they are finalised by the GST council, it will pave the way towards the implementation of GST from 1 July. The agenda of the next meeting is to look into all the three laws. In the subsequent meetings, we’ll take up the rules. As far as rates are concerned, it’s going to be a simplistic formula. The council has said that there would be four slabs: 5 percent, 12 percent, 18 percent and 28 percent, ” said revenue secretary Hasmukh Adhia. After the announcement of the Budget on 1 February, West Bengal finance minister Amit Mitra, who also heads the empowerment panel on GST, sent 16 demands to the Finance Ministry to look into, including the arrest clause, which was described as “draconian” by the West Bengal government. “The power to arrest tax defaulters is already there under excise and service tax laws, and also under VAT in some states. After an extensive debate, a majority in the GST Council decided that no arrests should be made in cases of tax evasion up to Rs 2 crore. However, evaders between Rs 2 and Rs 5 crore could face bailable arrest. Above tax evasion of above Rs 5 crore, it may invite non-bailable arrest, ” he said. Is there a new financial year on cards? Economic affairs secretary Shaktikant Das said, “The report to change the financial year is under consideration by the government. We are examining it, and once the decision is taken, it will be communicated.” On IDBI Bank’s disinvestment plan The government announced in the Budget that it hopes to raise Rs 72, 500 crore in FY18 by divesting stakes in public sector firms. Compared to the revised estimate of Rs 45, 500 crore for FY17, this is an increase of around 60 percent. While discussing the disinvestment plan of the state-run IDBI Bank, Das said, “The divestment of IDBI Bank is not off the table. The work is in progress. Its share value in the market doesn’t reflect the real estate it holds in Mumbai. The real estate valuation needs to be done carefully and a transparent decision needs to be taken in this case.” “We’ve not derailed from the path of financial prudence. Today, our economy needs investment in certain sectors. As per the NK Singh panel, our fiscal deficit target is 3 percent and we’ll improve it in 2017-18, ” Das added. Priorities in 2017: “To ensure people pay tax and society becomes more tax compliant”: Ashok Lavasa, finance secretary. “Budget 2017 is very strong on reforms, and our focus is on implementation”: Shaktikant Das, economic affairs secretary. “Roll out of GST from 1 July 2017 will be the Year of GST”: Hasmukh Adhia, revenue secretary. “Look for a stable and buoyant market”: Neeraj
GST roll out next fiscal: Is the govt looking at changing the financial year? Aiming towards a smooth roll out of Goods and Services Tax (GST) from 1 July, the GST Council in its next meeting on 18 February will look into the three laws in GST. The session by Secretaries Panel at ‘Budget 2017 The Verdict’ of CNBC-TV 18-Mint at Hyatt Regency in New Delhi on Thursday evening discussed GST and its power to arrest disinvestment plan, merger & acquisition, proposal for a new financial year among others in detail. “Industry is looking forward to the laws and rules. Once they are finalised by the GST Council – it’ll pave way towards implementation of GST from 1 July. The agenda of the next meeting is to look into all the three laws. In the subsequent meetings we’ll take up the rules. As far the rates are concerned, it is going to be a simplistic formula. The council has said that there would be four slabs of rates—5%, 12%, 18% and 28%, ” said Revenue Secretary, Hasmukh Adhia. After the announcement of Budget 2017 on 1 February, West Bengal’s finance minister, who also heads the empowerment panel on GST, sent 16 demands to finance ministry to look into, including the arrest clause. The arrest clause has been described as ‘draconian’ by the West Bengal government. “Power to arrest the tax defaulters is already there in excise and service tax, and also under VAT law in some states. After an extensive debate, majority in the GST Council decided that no arrest would be made in the case of tax evasion up to Rs 2 crore. However, evader between Rs 2-5 crore will face arrest but get a bail. But above, Rs 5 crore, it’s non-bailable, ” he said. Is there a new financial year on cards? Economic Affairs secretary, Shaktikant Das said, “The report to change the financial year is under consideration by the government. We’re examining it, and once the decision is taken, it will be communicated.” On IDBI Bank’s disinvestment plan The government announced in the Union Budget on 1 February that it hopes to raise Rs 72, 500 crore in FY18 by divesting stakes in public sector firms. Compared to the revised estimate of Rs 45, 500 crore for FY17, this is an increase of around 60 percent. While discussing the disinvestment plan of the state-run IDBI Bank, Das said, “The divestment of IDBI Bank is not off the table. The work is in progress. The share value of it in market doesn’t reflect real estate it holds in Mumbai. The real estate valuation needs to be done carefully and transparent decision needs to be taken in this case.” “We’ve not derailed from the path of financial prudence. Today, our economy needs investment in certain sectors. As per the NK Singh panel, our fiscal deficit target is 3% and we’ll improve it in 2017-18, ” added Das. Priorities in 2017 Ashok Lavasa, Finance Secretary: To ensure that people pay tax and it should be a more a tax compliant society. Shaktikant Das: Budget 2017 is very strong on reforms and our focus is on implementation. Hasmukh Adhia: Roll out of GST from 1 July. Year 2017 will be the Year of GST.
Are banks actually ready for GST to set in ? Tax rates for banking services delivered will now increase from 15 percent to 18 percent. If banks are conducting a transaction in several small towns in each state, records should be maintained on what services were delivered in each village and town. This will increase the workload on bankers as GST has to be tracked down. The problem with compliance is going to get tougher too. The major question yet to remain answered is whether the banks across the country are actually thorough with the steps to be taken under GST regime.
As government moves a step forward to “one nation one tax”, we help you migrate to GST. Once you handover the following documents to us, the responsibility of your migration to GST is ours. GST Migration for Service Tax Assessees has started. Please provide the documents at the earliest to avoid the last minute rush! CHECKLIST FOR GST ENROLMENT 1. ACES LOG IN ID & PASSWORD OR PROVISIONAL ID RECEIVED FROM CBEC PASSWORD RECEIVED FROM CBEC 2. VALID EMAIL ADDRESS 3. VALID MOBILE NUMBER 4. DATE OF BIRTH/ DATE OF INCORPORATION 5. MOTHER’S NAME OF AUTHORIZED SIGNATORY 6. PRINCIPAL ITEM OF GOODS TRADED 7. NAME OF 1ST EMPLOYEE 8. COPY OF SERVICE TAX REGISTRATION CERTIFICATE 9. CERTIFICATE OF INCORPORATION, IN CASE OF COMPANIES 10. BANK ACCOUNT NUMBER 11. BANK IFSC 12.PARTNERSHIP DEED/ CERTIFICATE OF INCORPORATION (MAX SIZE 1MB) 13.TRADE LICENSE(MAX SIZE 1MB) 14. PHOTO OF PROPRIETOR/ALL PARTNERS/ALL DIRECTORS (MAX SIZE 100KB) 15.YEAR OF COMMENCEMENT OF BUSINESS 16. PROOF OF APPOINTMENT OF AUTHORIZED SIGNATORY (MAX SIZE 1MB)(BOARD RESOLUTION OR AUTHORISATION LETTER) 17. OPENING PAGE OF BANK PASSBOOK / STATEMENT CONTAINING BANK ACCOUNT NUMBER , ADDRESS OF BRANCH, ADDRESS OF ACCOUNT HOLDER AND FEW TRANSACTION DETAILS (PDF AND JPEG FORMAT IN MAXIMUM SIZE OF 1 MB) 18. PAN AND VOTER ID CARD OF PROPRIETOR/ALL PARTNERS/ ALL DIRECTORS
A defining feature of India’s economy has just fallen prey to the beauty of GST All that is solid melts into air, all that is holy is profaned, and man is at last compelled to face with sober senses his real conditions of life, and his relations with his kind. Those famous words were not, of course, intended as a description of the impact of the goods and services tax (GST) on India’s unorganized sector. But they would do just as well. GST will put paid to India’s informal sector, drawing most of it into the formal universe and killing off much of what is left behind. This change will erode the flexibility the economy derives from informality and has serious implications for India’s political economy. As Sure as Death Not paying taxes is the holy creed of the unorganized sector, although paying off the rare taxman or the more frequent inspector of labour/factories is accepted as part of the real conditions of life. The small producer supplies parts to other small producers, finished goods for export and to distributors for sale to consumers and parts and services to large firms. Small producer provide big credit to large producers, by way of accepting delayed payment for his supplies. He pays minimal wages to employees, makes prompt payment to his own suppliers, pays protection money to the local neta-babu-police nexus and exorbitant rate of interest to those who lend him his working capital in a hardscrabble world where banks and their loans linked to the policy rate set by the Reserve Bank of India are the stuff of dreams and fairy tales. Fierce competition with others of their ilk does not leave them the luxury of paying taxes or honestly for the power they consume. More than 90 per cent of India’s workers find employment in the unorganised sector. The Central Statistics Office defines the organised sector in manufacturing as enterprises that employ 10 or more workers, if the enterprise uses power, or 20 or more workers, without use of electricity. The rest are unorganised, naturally. The National Commission for Enterprises in the Unorganised Sector defined the unorganised sector as the totality of all unincorporated suppliers of goods or services with less than 10 total workers. These definitions matter less than the sector’s role in cushioning the impact of regulation on the economy. Large companies can sidestep laws on minimum wage and working conditions by outsourcing much of the work to small informal firms beyond the scrutiny of the state. A garment maker, for example, can be fully compliant with all laws by limiting its direct workforce to a small team that designs clothes, specifies the fabric and the time schedule, and performs quality control on what is delivered by tailors and seamstresses toiling away in much smaller units or even at home, located in the informal universe. If the garment maker grows bigger and starts supplying to global buyers whose customers are squeamish about wearing stuff made by child labour or in hazardous conditions, they then start worrying about fixed-term contracts and labour flexibility — while also renting large spaces to house the workers. Contract workers have replaced regular workers in routine jobs such as cleaning, maintenance and running small errands in most offices. Guards are almost entirely sourced from contractors. These contract workers are on the rolls of informal sector firms that pay them a pittance, whatever they receive for their services from the organised sector businesses that buy those services. Contagious Transparency What the big companies that deploy contract workers gain is not so much any saving on cost — they pay all the statutory dues, albeit to the labour supplier — as freedom from carrying on its rolls a large workforce with agrowing wage bill. The informal sector, in other words, is a source of flexibility that the hypocrisy of first-rate labour standards in a combination of third-rate capacity to enforce norms and a bounty of unskilled manpower denies Indian producers. It also serves as a sink for underemployed labour, refuge for the struggling self-employed and transit home for tiny hobby-horses of daring villagers progressing to urbanising and modernising nodes of a global division of labour. The defining feature of the informal economy is its inscrutability, that it is beyond official ken. GST is poised to rip apart that concealing veil. In the GST regime, there is a compulsion for all units to be registered with the GST Network and to file returns and upload invoices. If they do not, no one will buy from them. A bank branch that used to buy its copier paper from a stationer’s next door will shun him now, unless he can provide an invoice with GST — the bank needs it to claim input tax credit. The stationer, small as he is, would source his paper from someone who, in turn, would give him an invoice with GST, to reduce his tax outgo. This is the beauty of the tax: it has a built-in incentive to comply. Compliance with GST means revealing input purchases and sales. That reveals income as well, to the beady eyes of the taxman, who could then open up claimed expenses and verify them. If the GST-paying small producer shows huge interest expenses, the audit trail would lead to the lender, often a member of the neta-babu tribe, and his sources of income. Informality, RIP
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