Ground Scorching Tax by Arun Kumar

Author:Arun Kumar [Kumar, Arun]
Language: eng
Format: epub
ISBN: 9789353054618
Publisher: Penguin Random House India Private Limited
Published: 2019-01-18T00:00:00+00:00

Difficulties and Rapid Changes in the Laws/Rules

As mentioned earlier, the inherent complexity of GST (due to it being VAT) in India is enhanced by several factors. In addition to the points mentioned there, one may add,

Taxation of all transactions involved in production and distribution of goods and services

Exemptions of certain goods from GST

Provision of the reverse charge mechanism (RCM)14 for Composition Scheme, and

Complexity in the functioning of GST Network

That the GST administration was floundering can be gauged from the various changes that it has had to make in quick succession. On 22 June 2017, the first notification was issued for GST. It notified certain sections of the CGST Law. After that a flood of notifications were issued and they are listed on the GST website. The number of notifications and orders runs into hundreds in the first year of operation of GST (Table 5.2). By 1 April 2018 it is reported officially15 that

. . . 95 notifications under CGST Act have been issued notifying sections, notifying rules, amendment to rules and for waiver of penalty, etc.

Thirteen, eighteen and one notifications have also been issued under IGST Act, UTGST Act and GST (Compensation to States) Act respectively. Further 57, 61, 57 and 8 rate related notifications each have been issued under the CGST Act, IGST Act, UTGST Act and GST (Compensation to States) Act respectively. Similar notifications have been issued by all the states under the respective SGST Act.

Apart from the notifications, 41 circulars and 13 orders have also been issued by CBEC on various subjects like, proper officers, ease of exports, and extension of last dates for filling up various forms, etc. . . . The reverse charge mechanism under sub-section (4) of section 9 of the CGST Act, 2017 and under sub-section (4) of section 5 of the IGST Act, 2017 has been suspended till 30.06.2018.

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