GST rates changing repeatedly proving to be a hindrance: Dr Amit Mitra

As a result of the hurried manner in which the Goods and Services Tax (GST) was introduced, the taxation rates are being changed repeatedly by the Central Government, which is proving to be a hindrance in the smooth implementation of the system. This was stated recently by the Bengal Finance and Industries Minister, Dr Amit Mitra at a seminar held at the India International Trade Fair 2017 at Pragati Maidan in New Delhi.

He said, with so frequent changes, businesses, especially the small businesses, which cannot afford to hire qualified chartered accountants to be explained all the complexities, are finding it very difficult to follow the rules and regulations of the system while filing their income tax reports.

Even GST Network, the organisation responsible for writing the software for the fully-online system, is failing to cope with the changes, according to the minister. As a result of these difficulties, the tax collection by both the Centre as well as the states has taken a hit.

 

বারবার বদলের জেরে বাড়ছে জিএসটি বিপত্তিঃ অমিত মিত্র

মসৃণ জিএসটির পথে বাধা ঘন-ঘন করের হার বদল। বিপত্তি বাঁধছে নিয়ম-কানুন লাগাতার পাল্টাতে থাকার জেরেও। কারণ, বারবার ওই বদলের সঙ্গে তাল মেলানো কঠিন হচ্ছে জিএসটি নেটওয়ার্কের(জিএসটিএন) পক্ষে। যা নতুন কর-ব্যবস্থার মেরুদণ্ড। তাই হয়রান ব্যবসায়ীরা। ঘুম ছুটছে নেটওয়ার্ক সামলানো লোকেদেরও। তড়িঘড়ি জিএসটি চালুর মাসুল গোনা নিয়ে এ ভাবেই কেন্দ্রের দিকে ফের তোপদাগলেন রাজ্যের অর্থমন্ত্রী অমিত মিত্র।
দিল্লির প্রগতি ময়দানে আন্তর্জাতিক শিল্প-বাণিজ্য মেলায় অমিতবাবুর অভিযোগ, তাড়াহুড়োয় জিএসটি চালু করার জন্যই এখন এত ঘন ঘন করের হার বদলাতে হচ্ছে। ঘাম ছুটছে আমজনতা, ব্যবসায়ীএমনকী জিএসটিএন সামাল দেওয়া লোকেদেরও। তাঁর দাবি, এর খেসারতে কর সংগ্রহ কমেছে কেন্দ্র-রাজ্য উভয়েরই।

অমিতবাবুর কথায়, ‘‘ঘন ঘন করের হার বদলানোয় জিএসটি নেটওয়ার্ক নিয়ে যাঁরা কাজ করছেন তাঁরাও সমস্যায় পড়ছেন। পণ্যে কর কমানো সমর্থন করি। কিন্তু তার পিছনে নির্দিষ্ট নীতি থাকা প্রয়োজন। ইচ্ছে মতো করা অনুচিত।’’

এ ছাড়া অমিতবাবুর অভিযোগ, জিএসটিতে রাজস্ব আদায় বৃদ্ধির যে আশা করা হয়েছিল, তা মেটেনি। তাঁর দাবি, অগস্ট-সেপ্টেম্বরে কেন্দ্রের কোষাগারে প্রায় ৬৫ হাজার কোটি টাকা কম ঢুকেছে। রাজ্যগুলিরক্ষেত্রে তা প্রায় ৩০ হাজার কোটি। তাঁর মতে, এটিরও অন্যতম কারণ জিএসটিএনে সমস্যা। সেখানে রিফান্ডের সমস্যাও যথেষ্ট বলে তাঁর দাবি।

 

Source: Anandabazar Patrika

Kalyan Banerjee speaks on GST Bills in Lok Sabha

FULL TRANSCRIPT

Sir, I am grateful that you have given me the chance to speak with respect of the GST Bill. Sir, West Bengal fought hard to preserve and protect cooperative federalism in the process of the formulation of the GST. It also fought uncompromisingly on fiscal autonomy of all states of the nation on matters of GST. This was the hallmark of West Bengal that is so visible in many parts of the Bills presented to us in the Parliament.

As Chairman of the Empowered Committee, the West Bengal Finance Minister was instrumental in bringing about a broad consensus amongst states on single control in the hands of the State below Rs 1.5 crore turnover of small business in its meeting in the great city Calcutta many months ago. I believe the honourable Union Finance Minister Mr Jaitley was a witness to this consensus amongst States that had not been seen even before. Such was a seminal role played by West Bengal in protecting cooperative federalism and fiscal autonomy of the states at many such occasions in the course of formulation of this GST Bill.

Our leader and the present Chief Minister of the State of West Bengal, Mamata Banerjee, had in-principle supported the concept of GST as early as 2009 in our party-manifesto. The idea was to usher in a strong and cohesive indirect tax regime that creates a single market for all trade and industry that is beneficial for the common man and small traders and enterprises.

A draft GST Bill was circulated in the month of September, 2016 which had many clauses that were not in the fullest interest of the States, common man and small traders and enterprises. But, through the deliberations of the GST Council, a number of ideas were thrashed out and I believe West Bengal engaged uncompromisingly in a spirit of cooperative federalism and fiscal autonomy of the States.

West Bengal took the lead and ensured that the Constitution Amendment on GST incorporates the commitment of the Central Government to give full compensation to the States on account of any loss due to GST for a period of five years. The Compensation Act has also been design keeping in mind the mandate of the 122nd amendment of the Constitution and this will ensure that no State in the country will suffer any financial loss due to GST.

Our state has always stood up for the marginalised and needy, small traders and manufacturers who provide the bulk of the employment; the industrial sector have been given due regard in the new GST Law. In this spirit, West Bengal pushed hard for the GST threshold to be raised to Rs 20 lakh turnover. So that small and tiny business are kept out of the purview of the GST.

A composition scheme has also been offered for small traders and manufacturers upto an annual turnover of Rs 50 lakh. This composition scheme for manufacturers is a new feature that will help protect small and new manufacturers, specially in the MSME sector. West Bengal stood firm on this new feature which will benefit lakhs of small businesses and make tax compliance much easier.

Additionally, in order to ensure least disturbance and to provide a single interface so that the assessee does not have to face more than one authority, the concept of cross-empowerment has been introduced in the law. The State Governments and the Central Government will empower the officers of the other Governments, under the respective Acts, the assessee has to go to only one office and deal with only one authority. Apart from this, in order to ensure that small traders do not face any problems in working with the new law, 90 per cent of the assessees of both goods and services below a turnover of Rs 1.5 crore have been kept exclusively with the State Governments.

The purpose of GST was to get rid of multiplicity of taxes and the related cascading effect and to unify different taxes into a single entity. Firstly, the ill-effects of inflation can be scuttled to a large extent. Adding to this, this removal of multiple tax structures means a reduction in the cost of compliance, the benefit of which should finally pass down to the consumer.

The entire structure of GST has been created on the premise that the common man must benefit from the unification of taxes, and therefore it is necessary that the rate structures of different goods and services are adjusted so as to reduce inflation and also the prices of goods of mass consumption, so that the average Indian benefits from this path-breaking enactment.

Another important benefit of the new Goods and Services Tax is the boost to ease of doing business. A common law and standardised treatment of taxable entities with the special feature of full set of tax liability incurred being transferrable throughout the nation means that businesses do not have to think in terms of sales and can compete on cost-effective and competitive products that can compete in international markets and benefit the common man at the same time. It is expected that such a major reform in the structure of indirect taxation will not only help curb inflation but will also have a very positive effect on the growth of GDP. It is hoped the one country-one tax regime will result in growth in all sectors boosting both rural and urban economies in this nation.

Having said so, even then, we have concerns in a few areas which I would now like to point out.

Number one: while the spirit of, and the law on GST is sound, with both the States and the Centre having played a role in ensuring that a sound legislation is in place, there are still some areas of concern as far as the implementation is concerned.

Number two: considering the scale of the reform, it is imperative that sufficient time be given to build up the structures required to ensure the proper implementation of the GST law, we should not rush through the preparation as that is bound to give rise to small but crucial errors which may hamper the implementation of the law. We need to look at the experiences of other nations and learn from the mistakes made there so that we can implement the law in a proper manner.

Number three: another area of concern is the rate structure itself. The process of treatment of rates for different goods and services is yet to be started. Unless the industry is informed about the rates and sufficient time is given, it will not be possible for them to modify their ERPs and systems well in time to meet the deadlines. Therefore it is necessary that the rate treatment process be completed quickly so that industry in general has reasonable time to prepare.

Number four: another area of concern is the preparation of the GST Network – the GSTN. The GSTN is the core system which links all the States and the Centre with the assessees and is pivotal to the implementation of this goods and services tax system. This is one system that cannot afford to fail as its failure will lead to a collapse of the entire indirect tax system of the nation. Therefore it is necessary to get all the models of the GSTN prepared and tested  as quickly as possible so that the assessees and the industries have enough time to train up their personnel to gear up their systems.

A completely e-based indirect taxation system means that even the smallest player has to be on board without which the input tax credit (ITC) chain and linkage will be lost. The small businesses must be given adequate time to adapt themselves to this completely new system.

This is a complex fiscal reform. State and Centre together in a federal polity must take appropriate quantum of time which will be sustainable and successful. I will request the Hon. Finance Minister, through you, that we should not rush for this. Look into the defects once again. Do not rush for July 1 deadline. We have time till September 1. The arenas which have been discussed still have lacunae; errors are there which may make it difficult for implementation. These arenas should be covered and discussed and necessary amendments should be brought.

Overall the goods and service tax enactments are set to usher in an area of a higher compliance, efficient taxation, reduce inflation and better growth. It is important that the implementation is also made by both Centre and State in the true spirit of cooperative federalism helping build the nation together. That should be the spirit. No one should ask for only credit, we have all done this together.
Thank you, Sir.

 

Bengal fought hard to protect cooperative federalism during the formulation of GST: Trinamool

Trinamool Congress MP Kalyan Banerjee today said in the Lok Sabha that “Bengal fought hard to preserve and protect cooperative federalism in the process of the formulation of the GST”. He was speaking during a discussion of the GST Bills in Parliament.

In his speech he highlighted the proactive role taken by the Finance Minister of Bengal, who is the Chairman of the Empowered Committee. “Bengal Finance Minister was instrumental in bringing about a broad consensus amongst states on single control in the hands of the State below Rs 1.5 crore turnover of small business in its meeting in the great city Calcutta many months ago,” he said.

He reiterated that Mamata Banerjee had in-principle supported the concept of GST as early as 2009 in our party-manifesto. Kalyan Banerjee said, “Bengal engaged uncompromisingly in a spirit of cooperative federalism and fiscal autonomy of the States.”

He cautioned the government against rushing ahead with the legislation; he said steps must be taken to make the system fully error free or else the whole indirect taxation system would collapse. He pitched for an e-based taxation system and said industry must be given sufficient time to prepare themselves for the new system.

Kalyan Banerjee also reminded the government that GST is the result of the hard work by all and no one should claim credit for it alone.

Also speaking on the issue, Saugata Roy cautioned the government against the “technological nightmare” that GSTN could bring and asked the government not to hurry. “If there will be any breakdown in the server, all over the country GST will go flat. So, Sir, I want the Government to be very careful. Government has said that they will train 60,000 officers for this job. For that, at least six months are necessary,” he said.

He also reminded the government that prices should not rise during the transition period. He wanted to know why the government was in a hurry o pass GST when the rates of individual commodities have not yet been decided. He wanted to know from the Centre where would the extra money come from to compensate the States.

Click here to read the full transcript of Kalyan Banerjee’s speech

Click here to read the full transcript of Saugata Roy’s speech

I would not commit a date for GST rollout : The Amit Mitra interview

Bengal Finance Minister Dr Amit Mitra believes that implementing goods and services tax is not feasible from April. Here is his interview:

How feasible is the April 1 deadline?

There are many issues, at least 15 unresolved, which are critical.For example, the definition of agriculture, definition of agriculturist, what happens to a share cropper? Further, what needs to be resolved is the definition of a state.Now a question that has come up suddenly by the Union government is constitutionally 12 nauti cal miles belong primarily to the Centre and not to the states. Gujarat gets Rs 1,200 crore from ships.Maharashtra, Kerala, Karnataka, Odisha and West Bengal have been collecting taxes. There are other issues such as clauses related to arrest and non-profiteering.

 

What about the arrest clause?

It is the most draconian measure. Barring one state, Gujarat, no state has the arrest clause in VAT and it has never arrested anybody .Above Rs 2 crore tax violation will be eligible for arrest but bailable. The minute you cross Rs 5 crore, it is non-bailable. And who gets the power? The tax officer. What kind of power? The same power that a police inspector has.

 

But why didn’t you or others protest?

Several states, including Andhra Pradesh, said this should not be there. Then, the question was let us keep it but then water it down.

 

Why water it down? Why not drop it and make it same as the VAT law?

In West Bengal, tax collection doubled in five years without the power to arrest. States across political parties are of the view that the arrest clause is in violation of ease of doing business…

 

The anti-profiteering clause was inserted to protect consumers. Why the opposition?

The argument made by businesses was that competition should take care of the fact that when we benefit from taxes, if I don’t lower my prices, somebody else will.It may not happen in a monopoly or an oligopoly . That’s where the Competition Commission is supposed to intervene. Now, you are looking at another authority or existing authority? A point made by a large BJP state was how many items among thousands are we going to chase? In other words, it will be cherry-picking resulting in inspe ctor raj. Is this the GST we want?

The Centre has said it will be an enabling provision.

The minute you enable yourself, you open the gate for potential inspector raj by an authority that has not yet been defined in the law.This clause was introduced by Malaysia and it has failed.

 

What about dual control and what is the solution?

The empowered committee came to a unanimous decision presented to the Union FM (Arun Jaitley) in Kolkata and again in Delhi. The consensus was that below Rs 1.5 crore, states should continue to look after all of the business, including goods, deemed goods and services. The central bureaucracy , especially the Central Board of Excise and Customs has 86,000 tax personnel, while the states have 2.65 lakh. The underlying political issue is one of federalism. There is a feeling that if there is dual control, and if the Centre has a say below Rs 1.5 crore, it will end up with the central offices in sub-divisions, who knows even lower than sub-division level.

 

What about tax rates, have officers been able to categorise products?

A call also has to be taken on the nature of the product. The question is who is going to take the call?

For how many items? You are talking about many thousands of items… Not a single meeting has taken place on fitment of products.

 

When is the earliest we can expect GST?

The approach of the central bureaucracy will have to undergo some change. In case of dual control, in the case of IGST, both of them have been objected to by the central bureaucracy . Six meetings have been postponed on the topic of dual control.

 

You are not committing to a date…

I would not commit on a date. I would not commit on a date till we have answers to these questions.

 

Is July feasible if issues are resolved within a month?

Does it appear to you that in a month what remains to be settled will be settled? That will be magical. You can have a sub-optimal, truncated GST with draconian clauses, inspector raj thrown around. Is that what the nation has betted on GST?

 

There is criticism that you are holding up GST because of political issues -demonetisation and arrest of your colleagues?

When we ventured we knew that the nation will take a hit on tax collections… That is the reason we asked for compensation. At that time there was no other economic hit in the picture and then comes demonetisation. Can the economy take two hits simultaneously? We found cesses in the GST Council which will go into a fund. How much? Rs 55,000 crore. Tomorrow, if it is Rs 85,000 crore where will it come from? The Centre has promised nothing. Why can’t the Centre come out and say we will give it from Consolidated Fund of India?

 

There is criticism that you are holding up GST because of political issues -demonetisation and arrest of your party colleagues?

When we ventured we knew the nation will take a hit on tax collections, particularly states. That is the reason we asked for compensation. At that time there was no other economic hit in the picture and then came demonetisation. Can the economy take two hits simultaneously? We found cesses in the GST council that will go into a fund.How much? Rs 55,000 crore.Tomorrow, if it is Rs 85,000 crore where will it come from? The Centre has promised nothing. Why can’t the Centre ay that we will give it from the Consolidated Fund of India?