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(Guest)

Empowered Committee of State Finance Ministers on GST

FM’s speech at meeting of Empowered Committee of State Finance Ministers on GST

Following is the text of speech delivered by Finance Minister Shri Pranab Mukherjee at the meeting of the Empowered Committee of State Finance Minister here today:

“Dr. Asim Dasgupta, Chairman, Empowered Committee, Shri Sushil Modi, Deputy Chief Minister of Bihar, State Finance Ministers and friends!

It gives me great pleasure to be here on this occasion when the Empowered Committee under the dynamic leadership of Dr. Asim Dasgupta is releasing its First Discussion Paper on the proposed Goods and Services Tax (GST). At the outset, let me whole-heartedly congratulate all of you for giving shape and form to an idea whose time, I believe, has truly come.

We have indeed travelled a long way from the time the announcement was first made in 2006 by the then UPA Government to launch a comprehensive GST in the country by the 1st of April, 2010. At that stage, many of you were preoccupied with the challenge of switching over to the Value Added Tax (VAT) while others were settling down with that tax. The introduction of GST then would have looked like a distant event. But now all of you are richer by the first-hand experience of the benefits that the shift to VAT has brought both to your Governments and the business community leading to improvement in the economies of your States. That may be the reason why I have felt a sense of excitement and enthusiasm in the pace and spirit with which the Empowered Committee has worked over the last couple of months to carve out the design and structure of GST. I commend all of you and your teams for working tirelessly to put together the First Discussion Paper which reflects your collective wisdom on the subject.

At this stage, it is important to recall the benefits that this long-awaited reform in our indirect taxation promises to all of us. Our current structure of indirect taxes is driven by a multiplicity of taxes- some levied by the Centre and others by the States. Each of these taxes applies to a narrow base both in terms of the economic activity it covers e.g. manufacture, sale, entry, entertainment etc. and the range of goods and services it applies to. While the base for many of these taxes overlaps, each is an island in terms of flow of input credit. The output tax is allowed to be adjusted against tax already paid on inputs only in a few cases. Then, there is a variety of exemptions meant to serve multiple socio-economic objectives. As a consequence, high rates of tax are required to be imposed to generate a given amount of revenue.

As tax collectors, we may draw comfort from the fact that we manage to generate the targeted revenues. But there are questions that beg an urgent response. First, are collections made in the most efficient manner and do they match the potential? Second, what is the hidden burden of taxes in the form of cascading and double taxation? Third, why is our tax structure so complex and prone to disputes and litigation? These questions cannot be side-stepped any longer as they have implications for the robustness and growth of the very base that yields our tax revenues.

The merits of GST are well-known. It will re-distribute the burden of taxation equitably between manufacturing and services bringing about a qualitative change in the tax system. With the minimisation of exemptions, it will broaden the tax base and lower the tax rates. By switching to the destination principle, the distortions will be reduced fostering a common market across the country. The compliance cost will come down and our trade and industry will become more competitive leading to an increase in exports and lower prices for domestic consumers.

The proposed Goods and Services Tax (GST) can deliver on all these promises only if it has the following essential features:

(i) It is comprehensive in scope and applies to as large a range of goods and services as possible by minimizing the number of exemptions to a small list of essential items which impact the common man. To the extent possible, the exemption lists of the States and the Central Government are in alignment;
(ii) The rates of tax of CGST and SGST taken together are moderate;
(iii) The rates of tax of SGST and exemptions from SGST are uniform throughout the country so that a given set of goods and services invites the same tax treatment in every State;
(iv) The input credit chain is seamless covering the entire value chain from manufacturing to retail without breaks regardless of whether goods or services are supplied within a State or across State boundaries;
(v) As far as possible, every transaction in the tax net bears both CGST and SGST;
(vi) The tax treatment of goods and services is similar;
(vii) The Central and State levies are fully neutralized in the case of exports (out of India); and
(viii) The procedures are simple and harmonized between the Centre and the States.
I am confident that the model proposed in the First Discussion Paper prepared by the Empowered Committee has taken all these concerns on board. Detailed discussions with all stake-holders which will begin with the release of the documents today will help us to refine the design and concepts further.

I notice that significant progress has been made in developing a consensus on various issues. Now we must ensure that settled issues are not re-opened and we move forward at a fast pace. Once we decide on the rate structure and agree on the list of exemptions there should be no deviation in the pursuit of short-term interests. All of us will have to keep the long-term interests of the economy in view by taking carefully thought-out decisions in consultation with each other before making any deviations. This spirit of co-operative federalism is the essence of GST and the only feature that would ensure that a national market with free movement of goods and services across State boundaries develops, in the true sense. There is a view that insistence on strict adherence to mutually-agreed rates would impact the fiscal autonomy of States. To begin with, the canvas of fiscal policy is much wider than taxation and goals of public policy are as effectively met through the expenditure side of the budget. Even within the realm of taxation, the belief that the only degree of freedom available to us for enhancing revenues is by changing the rates of tax is a somewhat limited view. There is enormous scope for augmenting revenue collections by improving our tax collection machinery and the delivery of taxpayer services. There is ample evidence to show that lower taxes lead to better compliance and higher revenues. GST gives us an opportunity to bring together the machinery of the Centre and the States to jointly work for better enforcement.

To improve the quality of our taxpayer services, we have to focus more closely on the benefits of working collaboratively with the taxpayer community to improve our outreach and assist them in the due discharge of their tax liability. This is an area where the policy options are many and the freedom to make a difference immense.

Amongst the administrative actions that are critical for the success of GST is the creation of a strong Information Technology Infrastructure both for the Centre and the States. Many of the issues I have mentioned earlier are easily amenable to IT-based solutions. Besides, such an infrastructure is required for reducing the physical interface between the taxpayer and the department so that compliance costs are curtailed. Some other measures for improving internal efficiency within tax departments include quick & timely exchange of data between the Centre and the States for risk-profiling, audit etc.

With these words, I once again commend all of you for the hard work you have put in and hope that the Discussion Paper generates a robust and informed public debate across the length and breadth of the country so that the ownership of GST is a given as and when it is introduced. On our part, I assure you that the recommendations and suggestions made in the Discussion Paper would receive our in-depth and meticulous attention so that we are able to jointly finalize the structure and design of GST at the earliest.”



Learning

 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     11 November 2009

I admire the detailed information on this important  subject.

Anil Agrawal (Retired)     15 November 2009

 How many of the State Finance Ministers are capable of understanding the finances of the country? They are appointed on political consideration particularly if it is a coalition government. That is why they are led through their nose by their Finance Secretaries i.e. rule of IAS.

TONY (Dy.Manager-Accounts)     25 November 2009

 

GST & INDUSTRY
Present Tax System
 
1. Every point tax – From manufacturing point till consumer all points are taxable under VAT system.
 
2. Two types of Taxes –
Central Taxes – CST, Excise Duty, Service Tax, Education Cess, Customs Duty, Additional Customs duty etc.
 
State Taxes    - VAT, Entry Tax, Luxury Tax, General Sales Tax etc.
 
3. Other procedures – Tax set off, Input credit, refund, exemptions.
 
4. Seller is responsible for collecting and submitting proofs for refund, input, set off and exemptions.
 
5. State wise separate statutes, different rates, levies and machinery.
 
6. Tax on selling price.
 
Our country is a single and unique but divided like different nations with the different tax laws and Rules.
 
New GST system proposed and discussed in The Empowered Committee of State Ministers.
 
1. Every point Tax – Just an improved version of Present VAT
 
2. Two types of Taxes – Central GST and State GST
 
3. Other Procedures – Tax set off, Input credit, Refund, Exemptions.
 
4. Seller is responsible for collecting and submitting proofs for refund, input, set off and exemptions.
 
5. State wise separate statutes, different rates, levies and machinery
 
6. Tax on selling price
 
There is no much difference in the much awaited entirely new tax regime “GST” for the Industry and Public Interest.
 
 
 
 
What is expected by the Industry and Public
 
1. Single point Tax
          Domestic goods and service         -        Manufacturing point                        
                                                                   Service point
 
          Imported goods and service -        Customs clearing point
 
2. Single Tax – Only GST no other taxes on goods and services.
ED, Customs duty, various Cess, Additonal customs, VAT, General Tax, luxury tax, other levies etc. to be withdrawn by states and central.
 
3. No other procedures – set off, input.
 
4. Not seller, buyer is responsible for refund and exemptions as per the
    eligibility.
 
5. Our country is a single and unique one hence one Central Act for the entire country. No State wise statutes.
 
6. Tax on MRP
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
MODEL OF GST
 
 
REVENUE PARTNERS
 
1. Central Government
2. Manufacturing State/Service provider’s state
3. Consuming State
 
TAX POINT
 
In the present VAT scenario, every point is taxable to the extent of value addition. This should be replaced with single point tax system -GST.
 
Manufacturing unit is the only tax point in GST. Presently Central Excise Duty is being collected at manufacturing point itself. The Excise Duty will be replaced by GST with new tax rate. No other points in the country shall collect GST. This will help the traders and industry to cut the operational cost in various levels.
 
RATE OF TAX
 
Rate of GST will be fixed by considering the ED and VAT in the case of Goods. In the case of Service, present service tax rate has to be considered.
 
Tax will be calculated on printed MRP.
 
TYPE OF SALES
 
There will be two types of sales.
1.    Sale to a registered dealer with PAN linked Tax No.(in any state)
2.    Sale to a customer (with out registration No.)
 
 
STOCK TRANSFER
 
Stock transfer will be treated as sales to the destination state. The destination state will be the consumer state.
 
 
 
 
TAX LIABILITY
 
In the case of manufacturing goods, tax liability will be laid with the manufacturer.
In the case of agricultural goods, 1st buyer is liable for tax payment.
In the case of Service, service provider is liable for tax payment.
In the case of transporting service (unorganized sector) receiver is liable to pay tax.
But in the case of parcel or organized service sector, the service provider is liable for tax payment.
 
TAX ADMINISTRATION
 
 States will have the powers to collect tax.
 
 
GST REGISTRATION
 
All dealers, traders, manufacturers, service providers are liable to register with the GST authority of the concerned state.
All India valid PAN linked state wise registration number has to be issued.
 
REVENU SHARING
 
In the case of Goods
 
Central Government               60%
Manufacturing State               10%
Consuming State                             30%
 
In the Case of Service
 
Central Government              60%
Service providers State         40%
 
 
 
 
 
 
 
 
INTERSTATE SALES AND TRANSFERES OTHER THAN MANUFACTURER
 
In this case, buying dealer will be the consumer state hence the selling dealer has no tax liability but the seller’s state has to transfer the revenue received on this sale to the consumer state.
 
 
COLLECTION OF TAX
 
All registered dealers and service providers have to e-file Monthly and Annual E-returns.
 
Every registered dealers and service providers have to upload bill wise purchase, sales, stock transfer and service details along with the e-return on monthly basis.
 
State wise Tax value has to be calculated in the e-return. Every dealer has to remit the tax due in separate state wise accounts by e-payment system.
 
 
SAMPLE SALES DATA FOR UPLOADING (BY THE MANUFACTURER)
 
 

SALES DATA OF A&CO, MUMBAI
 
 
 
 
 
 
TAX NO.
1
 
 
 
 
 
 
Date
Bill No
Buyer
Tax No.
State
State Code
Item
Item code
Ta x%
MRP
Sale Qty
Central Tax (60%)
Own state tax (10%)
Consumer state tax (30%)
Total Tax
Sale Rate
Sale Amt
 
 
01.04.2010
1
A&CO
2
KER
1
X
1
30
100
10
180
30
90
300
60
600
 
 
02.04.2010
2
B
 
KAR
2
X
1
30
100
5
90
15
45
150
80
400
 
 
03.04.2010
3
C&CO
3
TN
3
X
1
30
100
20
360
60
180
600
70
1400
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TOTAL
 
 
 
 
 
 
 
 
 
35
630
105
315
1050
 
2400
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TAX SUMMARY   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CENTRE
630
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
MAHARASHTRA
105
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
KERALA
90
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
KARNATAKA
45
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TAMIL NADU
180
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TOTAL
1050
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
FLOW OF GST
 
From the Above data, M/s.A&Co is a manufacturer at Mumbai with tax No.1. They sold 5 units to Mr.B in Karnataka @80/- per unit and 20 units to C&CO in TamilNadu @70/- per unit. They transferred 10 units to their own branch in Kerala. Product MRP is Rs.100/- per unit and Tax rate is 30% on MRP.
 
Tax will be calculated on MRP @30% for all quantity including stock transfer irrespective of the selling price.
 
M/S.A&CO has to remit the tax due amount of Rs.1050/- as per the tax summary to the state wise accounts.
 
 
 
INTERSTATE SALE FROM NEXT POINTS
 
A&Co. in Kerala and C&Co. in TamilNadu are also liable to file e-return at their states. In case they have interstate sale, then the seller’s state has to transfer the tax share of 30% on MRP to the consumer state. These transfers have to be settled between the states at central tax settlement house on monthly basis.
 
 
MERITS OF THE SINGLE POINT GST
 
1.    Tax will be collected at the manufacturing point itself.
2.    Tax loss can be avoided
3.    Tax rate will be uniform for all states
4.    Tax burden can be reduced
5.    Easy administration
6.    Evasion of tax can be stopped.
7.    Cost of tax collection will be less.
 
DEMERITS
 
1.    Huge data processing
2.    More investment for infrastructure
3.    Risk in data Security.
 
 

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