Skip to main content

GST set to defer till September 2017


GST Council had its meeting yesterday regarding the administrative control of taxpayer between centre and state government, but no consensus was achieved. The issue of paramount importance was put at the back-burner and was kept for discussion today i.e. 03.12.2016. Without the consensus being reached on this critical issue, it is unlikely that government will table the GST Bills in the Parliament. Finance Minister himself said that we have to roll out GST maximum by September 16, 2017 beyond which it would be difficult to levy present indirect taxes. Only 9 days are left for current winter session and it is unlikely that the bills will be presented. Such a hesitation of the finance head of the nation is surely a red sign that GST is set to get deferred for another 6 months from its targeted date of 01.04.2017.  

Looking at the issues GST has apart from the drafting errors, it seems that the government should pull up its socks and try to resolve them. Legislature and drafting can be kept for a later stage, what is important is that the issues between the centre and states should be resolved first. Without such resolution path for rolling out GST seems difficult.

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.comkeshavgarg@kdai.in   



Comments

Popular posts from this blog

Renting of Warehouse for Agriculture Produce – Taxable under GST

In the case of Rishi Shipping – Gujarat Authority for Advance Ruling has cleared the air that Storing/warehousing and renting of immovable property are two different type of services. Merely because the agricultural produce is stored in an immovable property it would not classify it as Storage and Warehousing Services. Therefore the same shall not be covered under S. No. 54 of Negative List (Notification No. 12/2017- Central Tax (Rate) dated 28.06.2017), hence taxable under the purview of CGST and IGST Act. The Authority held that in order to classify a service as Storage and Warehousing, it should be coupled with loading/unloading/packing services etc. The authority was of the view that where mere building is let out, it shall be classified as renting of immovable property which is chargeable to tax. It is the composite supply, principal supply being renting of immovable property for storage of agricultural produce which is exempt from tax. It further held that once the...

GST Registration in case of Renting of Immovable properties:

GST Registration in case of Renting of Immovable properties: By CA. Keshav R Garg 1.      Let us first understand that the place of registration is decided by the term place of business as defined by section 2(85) of the CGST Act 2017. As per the definition of “Place of Business” it is a place from where the business is carried on and/or where a warehouse or any other place for storage of goods is located and/or books of accounts are maintained and/or the business through agent is carried on. It nowhere considers “place of supply” for determining the Place of business for the purpose of GST Registration. Hence, place of supply has no impact as far as GST Registration is concerned. 2.      As per section 22 of the CGST Act 2017, a person is liable to take registration from the place he makes a taxable supply. There is a distinction in place of supply and place from one makes taxable supplies. Place of supply is derived to conclud...

Tri-city Restaurants leaving Hole in your pocket by charging higher GST

Tri-city Restaurants leaving Hole in your pocket by charging higher GST By: Keshav R Garg Since the day GST has been enforced in India, most of the business had remained in dilemma about the rate of tax applicable on the goods/services supplied by them. One such industry is the restaurant industry where food is served to consumers either on the table or packed for takeaway. There had been multiple rates and issues relating to non-passing of tax benefits to consumers was widely witnessed. GST ranges from 5% to 18% in this industry, but unfortunately most of the restaurants are intermingling the rate of tax applicable on wide range of food items being sold by them. There had been misconception between food and snacks supplied by the eateries. Most of them believe that snacks like tikki, samosa etc are the one pre-packaged items which are chargeable at 12%. Instead these over the counter dishes are prepared and served as per the order of the customer. There is an elemen...