GST- which has already
derailed is certainly going to miss the deadline of 1 April 2017. The fix which
the biggest indirect tax reform is facing is of the administrative control upon
the taxpayer. In the recent GST Council Meet no conclusion was reached upon
this issue and the next meeting has been scheduled for December 23 and December
24.
Centre is devising a
method that the computers will select 5% taxpayers and allocate them to centre
and the state authorities on random basis. Justification for such a system is
Computer Assisted Scrutiny Selection (CASS) followed by the Income Tax Department.
They say that even under Income Tax, Assessee is not sure as to who is going to
assess his income. But what they have forgotten is that the assessee under
Income Tax does know under whose jurisdiction his PAN number falls and which
wing of the department is likely to assess him. There is absolutely no
confusion as to which authority he has to approach. Under GST, they are
proposing at that at the beginning of the financial year, computer will pick
and choose the taxpayer for scrutiny purposes and allocate them to centre or
states. No consideration shall be given to the turnover of the taxpayer.
In such a scenario when
the lethargic government departments are already having huge assessment back
logs and they don’t have the habit of completing the assessments in time, it
looks like as if government coming out with superficial solutions. There is a
huge difference between the mind sets which the centre and state authorities
carry. Till the time all are brought at the same platform by bringing behavioral
change, horizontal mode of selection for assessments will be a big failure.
Moreover what would happen in the cases where every year the assessment goes to
a different authority? How will files move from one authority to other, will
taxpayer has to that job. Red Tapism, Duplicity of documents shall begin as
there will be difference of opinions, different organization structure and many
others. What would happen in a scenario where the cases pending with first
appellate or second appellate authority take years to decide? Which authority
shall be held accountable in case of errors or harassment caused to taxpayers?
It is dream that our
tax regime will become online because even today we are far away from using the
technology in right manner. If such confusion relating to audits and assessment
is going to arise every year, think about the business unit who has already
been burdened with 37 returns in a year bundled with number of audits and
assessment procedure. It looks like we are going far-far away from what we call
– Ease of Doing business.
by:
Keshav R Garg
(B.Com, FCA, CS, ISA (ICAI))
Faculty for GST: Indirect Tax Committee
of ICAI
Author: Bharat's GST Ready Reckoner
A Handbook on GST
Adviser for GST: Industries Association
of Chandigarh
Member: Indirect Tax Committee of CII,
PHDCCI, MyGst.MyTax Foundation
Address: 3328, Sector 27 D, Chandigarh,
India - 160 019
Phones: +91-172-461-3328,
+91-98880-90008
Mails: mygst.mytax@gmail.com, keshavgarg@kdai.in
Comments
Post a Comment