Corporate India Advisors LLP 31 March 2015 GST Newsletter While the constitution Amendment Bill has been placed in the parliament and we all are waiting for it to be passed to enable the Government to proceed for further course of action to make GST a reality, related developments on day to day basis in terms of recommendations of 14th Finance Commission, expectations of industries, experts and the States, representations made by them in this regard, efforts made by the Central Government and views of the states as expressed by them during the month of March 2015 have been captured in this newsletter. m India hopes to pass a national Goods and Services Tax (GST) in the second half of parliament's budget session. Indian parliament's budget session is currently under recess and will resume on April 20. The FM said that, “I hope that the Constitution Amendment Bill that was cleared by the standing committee, will be considered by Parliament in the second part of the Budget session. We may need to have another meeting for further consultations on these issues because a large number of state finance ministers are busy with their own Budget sessions”. w w w .c i a- llp .c o Government hopes to pass GST in second part of Budget session Government positive about GST rollout from 2016 Centre working hard on CST compensation issue The government is confident of rolling out the much-awaited Goods and Services Tax (GST). Revenue Secretary Shaktikanta Das told in an interview that “There are process related issues which are being worked out. On the major issues, all states are on board... That’s our effort (of implementation of GST from April 1, 2016), we are optimistic about it. We are reasonably confident about it. Finance minister Arun Jaitley said at an event that after the passage of the bill, the government will work on the GST legislation with the empowered committee. The Centre has paid Rs 32,800 crore to states as compensation for phasing out of Central Sales Tax in the run-up to roll-out of Goods and Services Tax. To ensure a smooth introduction to the Goods & Services Tax (GST), the Centre Government has sought Parliament approval to release about Rs 11,000 crore to states and union territories to compensate them for revenue loss on account of phasing out of CST. Page 22 Page Kerala Finance Minister KM Mani new chairman of GST Empowered committee Kerala finance minister KM Mani has been appointed chairman of the empowered committee of state finance ministers on Goods & Services Tax (GST). After wide consultations with all states and Union Territories, the general consensus was that Mani may take over as the new chairman of the committee, the finance ministry said. The chairman of the committee has generally been from an opposition ruled state. Mani represents the Kerala Congress (M) and is also a senior finance minister. His appointment could help the government garner support from the opposition. Kerala Finance Minister K. M. Mani, who has just been appointed Chairman of the Empowered Committee of State FMs on GST, exudes confidence of getting all states on board and meeting the roll-out deadline for the new indirect taxes regime. He also feels that producing states’ concerns could be addressed during the course of the year. When asked about the opposition from some large states ruled by the BJP like Gujarat, Maharashtra and Madhya Pradesh, citing larger revenue losses to them as producing states, Mani said he is confident of getting them on board as in the long-run, they too will benefit immensely. llp .c o m Mani is Confident of getting GST opposing States on Board GST Newsletter GST Newsletter Textile Industry demands lower tax slab of GST w w .c i a- Business representatives pressed for putting proposed draft on the Goods and Services Tax (GST) laws in the public domain and asked the finance ministry to engage with it more regularly to prepare businesses for the new indirect tax regime, targeted to be rolled out from April 1, 2016. The Revenue Secretary said that the Government recognizes Industry's concern is that it needs to understand these laws so that introduction of GST don't give them any surprises. He said public interaction with industry and trade on GST is actually taking place at various centres. But we probably need much more interaction. We will have a greater level of interaction with industry and trade, he said. w Industry wants the Government to Place draft of GST laws in public domain The chairman of Indo Rama Synthetics Limited (IRISL), along with vicechairman and managing director of Filatex India Limited Madhu Bhageria, have demanded that textiles should be kept in the lowest tax slab when goods and services tax (GST) comes into effect. They said the industry is going through a tough phase and needs a boost. Both of them recently met minister of state for textile Santosh Kumar Gangwar, who was briefed about the demands. The industry represented that man-made fibre sector needs major attention from government. If enough focus is not given at this time, other countries like Vietnam, Bangladesh, Indonesia and Pakistan can overtake India. It was stressed that government should take steps to boost production capabilities of this industry. Page 3 Page 3 Industrial bodies want state to abolish local taxes Pune civic Bodies to get some GST revenue The industrial bodies in Nashik are expecting a statement from the state during the budget presentation for the financial year 2015-16 on abolition of local taxes like local body tax (LBT) and octroi while implementing the Goods and Services Tax (GST) as proposed by the Centre from 2016-17. The state government's decision to scrap the Local Body Tax (LBT) from August 1, 2015, had not gone down well with civic officials. They had raised concerns about the revenue loss municipal corporations will have to sustain. Pune and Pimpri Chinchwad corporations wanted to know if the government would share GST revenue with them. Pune municipal Corporation (PMC) joint commissioner and LBT chief Vilas Kanade said the civic body was waiting for details from the state and the Centre. "We have asked for details of how the government plans to compensate the PMC and other civic bodies," said Kanade. Union Urban Development Minister M. Venkaiah Naidu has suggested sharing GST (Goods and Services Tax) revenue with municipalities across the country to ensure predictable and guaranteed flow of funds to enable them take up urban reconstruction initiatives. Mr. Naidu said the country’s municipalities are the “weakest” in the world in terms of access to resources, financial autonomy and revenue raising capability. w w w .c i a- llp .c o m Venkaiah calls for sharing GST revenue with municipalities GST Newsletter Indirect Tax Newsletter West Bengal - GST implementation should not be at the cost of State’s revenue Uttar Pradesh - seeks safeguards for financial independence in GST Bill In a pre-budget address, the State Finance Minister Amit Mitra said that, “we stick to our stand. In principle we are not against the GST. But it should not be at the cost of losing out on our revenues”. Responding to a specific query Mitra said the objection to GST arises only when the State has to forgo revenues. A senior State official pointed out that the State was likely to fall short of its revenue collection targets. The projected revenue collection for FY-15 was pegged at Rs. 45,000 crore. Till January 2015, the State’s tax collections stood at Rs. 35,000 crore. “There’s likely to be some shortfall,” the official said adding that a major hit would be in entry tax collections. Uttar Pradesh Chief Minister Akhilesh Yadav on Thursday sought safeguards in the proposed GST bill, noting states presently have the constitutional right to levy taxes on purchase or sale of any commodity but the new system will affect their financial independence. In a letter written to Prime Minister Narendra Modi, the chief minister said with the adoption of the new GST regime, the existent system will come to an end. He also requested the prime minister to adopt a positive stand in the spirit of cooperative and collaborative federalism and make necessary provisions in the bill. GST Newsletter GST Newsletter Page44 Page w w .c i a- llp .c o m Industrial bodies in the district have demanded the central government to implement Goods and Services Tax (GST) from the next financial year. They have demanded abolition of taxes such as LBT, service, professional tax and others. Ravi Verma, president of Nashik, Industries & Manufacturers' Association (NIMA), said, "The central government needs to implement GST in the state from the next fiscal. Moreover, it should also give directives to the state government to abolish LBT, VAT and other small taxes. This will help simplify the tax system in the country. Digvijay Kapadia, president of All India Federation of Cloth Retailers' Association, said, "The central government is yet to introduce the much-awaited GST. It should not take more time and introduce it from the next financial year. LBT, service tax, professional tax and other taxes should be abolished or merged while introducing GST. There should not be other taxes barring GST, income tax and excise." w Industry bats for GST from next financial year Page55 Page GST Newsletter Indirect Tax Newsletter Corporate India Advisors LLP MUMBAI DELHI suresh@cia-llp.com rohini@cia-llp.com Suresh Rohira RohiniAggarawal Phone: 022- 26830349 Pankaj Goel pankaj@cia-llp.com PUNE Phone: 011-45002880 Kumar Iyer kumar@cia-llp.com Phone: 020-26438202 About CIA w w w .c i a- llp .c o m CIA is an indirect tax specialist firm. CIA is run by eminent professionals having a niche experience in all realms of indirect taxes in leading multinational consulting firms. The services comprises of Service tax, Central Excise, Foreign Trade Policy, Customs, Value Added Tax, Central Sales Tax, Anti-dumping / Subsidy Measures and Goods and Services Tax. 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