Category: Taxes & duties

The GST quagmire

The Centre and States must try to fix all void in GST implementation to achieve buoyancy in tax revenue, thereby obviating the need for continuing with the compensation mechanism Faced with a dwindling tax revenue since the last financial year of 2019-20, the issue of “full” and “timely” compensation for the shortfall in States’ tax revenue (their own collection plus the amount received as their share in indirect tax collected by the Centre as per the Finance Commission’s devolution formula) vis-à-vis a given benchmark, has been a bone of contention between the Centre and the States. It has acquired gargantuan dimensions during the current year with the Coronavirus pandemic forcing a collapse of businesses, cutting across almost all sectors (barring...
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GST – still work in progress

Billed as a ‘transformative’ reform of post-independent India, the Goods and Services Tax (GST) has completed three years since it was launched by Prime Minister, Narendra Modi on July 1, 2017. It is time to take stock and see whether there has been any tangible progress in terms of achieving its underlying objectives. GST is a single nation-wide tax that subsumes within it more than a dozen taxes of the erstwhile dispensation prior to July 1, 2017 viz. central excise duty (CED), service tax, sales tax/value added tax (VAT) besides a host of local taxes such as octroi, purchase tax, turnover tax and so on. At the outset, let us take a look at major anomalies afflicting the old regime....
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GST shortfall – bailing out states

Faced with dwindling tax revenue since last financial year 2019-20, the issue of ‘full’ and ‘timely’ compensation for the shortfall in states’ tax revenue (their own collection plus the amount received as their share in indirect tax collected by the Centre as per Finance Commission devolution formula) vis-à-vis a given benchmark has been a bone of contention between the central government and the states. It has acquired gargantuan dimensions during the current year with Corona pandemic forcing collapse of businesses cutting across almost all sectors (barring essential items) in turn, leading to steep fall in tax collection of both the Centre and states. The compensation to states is intertwined with the Goods and Services Tax (GST) in vogue since July...
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AGR dues – let the rider pay

The turbulence in the telecommunication sector in India refuses to subside. First, it was the mayhem triggered by Reliance Jio (RJio) which in a brazen display of ‘predatory’ pricing offered ‘free’ and ‘unlimited’ voice calls and rock bottom data tariff from the word go (its services were launched in September 2016). This forced incumbent operators viz.  to reduce tariff to match RJio pushing majority of them into red. Many downed shutters while others were bought over. Next was an order of the Supreme Court (SC) on October 24, 2019 directing telecom firms to pay ‘unpaid’ dues towards license fee and spectrum usage charges (SUC). The license fee and SUC is charged as a percentage of service provider’s adjusted gross revenue...
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For Atmanirbhar Bharat, go for open trade policy

The ‘Make in India’ reverberated all through the speech of Prime Minister Narendra Modi during his Independence Day address on August 15, 2020. Even before the Corona pandemic, in the Union Budget for 2020-21, Finance Minister, Nirmala Sitharaman proclaimed the commitment of Modi government to this laudable goal. This is the most crucial component of the strategy to make India a US$ 5 trillion economy by 2024-25. Faced with a whopping contraction in GDP (gross domestic product) by close to 25% during the first quarter, continuing slide during the second quarter and projected decline for the whole of current year by 5% – 6.5%, US$ 5 trillion target may have lost much of its sheen for now. Nonetheless, the government...
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Time to be honest

Modi has done everything to make life easier for the taxpayer. Now, it is for the latter — especially those who have not been paying taxes as currently only 1.5 crore of 130 crore Indians comply — to reciprocate Dubbed as a transformative tax reform, on August 13 Prime Minister Narendra Modi launched a ‘Transparent Taxation:  Honouring The Honest’ platform via video-conferencing. The main aim of this reform was best captured in the following statement by Modi, “Honest taxpayers play a crucial role in national development. When the life of an honest taxpayer is simplified, he progresses, which leads to the progress of the nation too.” The resources garnered by collecting cess from the people, who regularly pay their taxes, are the...
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Honoring the honest

Dubbed as a transformative tax reform, on August 13, 2020, Prime Minister Narendra Modi launched a ‘Transparent Taxation – Honouring The Honest’ platform via video conferencing. The main aim of this reform is best captured in the following statement by Modi during his address while launching the platform:- “The honest taxpayers play a crucial role in national development. When, the life of an honest taxpayer is simplified, he progresses which leads to progress of the nation too.” The resources garnered by collecting tax from the people who regularly pay tax due from them as per the laws of the land (call them honest tax payers) are the bedrock of any country’s development. This is more so for India where the...
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Is India ready to tame global tech giants

Global technology companies such as Google, Facebook, Amazon, and Apple have been under the radar of governments in many countries for  trying to steamroll competition by either buying their competitors (even if that meant spending mammoth sums) or pushing other vendors to avoid working with them. In June 2019, the US Congress and an antitrust panel of the House Judiciary Committee began a probe into the nature and working of the aforementioned big 4 who together have market capitalization of US$ 5 trillion. Based on collected documents and testimonies from workers of these firms and from rivals (it collected 1.3 million documents), prima facie the panel inferred that they had tried to push them out of the market using unfair...
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The case for a 15% tax rate for India Inc

A uniform tax rate of 15% (17.1% with add-ons) will, among other things, minimise tax litigation that arises largely due to multiple interpretations of a plethora of exemptions and deductions in tax legislation. Besides that, exemptions/incentives make the Indian law cumbersome to a point whereby it makes any prospective investor scary. A major factor affecting India’s ability to attract foreign investment for long has been the high rate of corporate tax. In 2018-19, the rate of tax on domestic companies was 30%. Including surcharge and cess, the total tax incidence is 34.9%. This made India an outlier as the corporate tax rate in other countries is much lower; for example, the US (21%), the OECD average (21.4%), China (25%), Vietnam...
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SC will have to solve the telco mess

A cue is available from the stance taken by SC itself in case of unpaid dues from public sector undertakings (PSUs) such as Gas Authority of India (GAIL), etc. The licence fee and SUC is charged as a percentage of service provider’s adjusted gross revenue (AGR)—8% and 3-5% respectively. During the last three years or so, the telecom industry has been enduring an unprecedented crisis, with most of the companies having huge debt in their books and not generating adequate cash flows for servicing the loans. The crisis was aggravated by an order of the Supreme Court (SC) on October 24, 2019, directing telecom firms to pay ‘unpaid’ dues towards licence fee and spectrum usage charges (SUC). The licence fee...
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