Hope anti-profiteering law won't have to be used: FM Arun Jaitley

He told ET that there may be some challenges initially, but he expects cos to get accustomed to GST quickly, calling for patience as the reform is rolled out.

Hope anti-profiteering law won't have to be used: FM Arun Jaitley
NEW DELHI: Finance minister Arun Jaitley has expressed the hope that the government will not have to use the anti-profiteering provision of the goods and services tax ( GST) and said prices should drop overall under the new regime to be put in place on July 1.

Jaitley said in an interview that there may be some challenges initially, but expects companies to get accustomed to GST quickly, calling for patience as the reform is rolled out.

"On an overall basis, the net weighted average of the whole consumption basket is less than what it was," he said. "So, in terms of weighted average it should come down."

India is one of the few countries that has shown it has the ability to carry out structural reforms, Jaitley said, citing insolvency laws, overseas investment reforms and the Air India disinvestment plan.

On some sections of industry seeking a GST deferral, the minister said the government has been atypically ahead on this count.

"Normally, in a reform process, the private sector is ahead of the government," he said. "This time government seems way ahead of private sector. For an industry association to say postpone it in face of a constitutional amendment was highly regrettable."
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The minister expects companies to pass on the benefits of GST. "There is already an inbuilt mechanism of anti-profiteering clause," he said. "I hope we do not have to use it. It should act as a deterrent." GST is expected to reduce incidence of taxation on goods by providing full credit for taxes paid on inputs.

The anti-profiteering clause has harsh provisions including cancellation of GST registration of those not sharing gains.

He said GST — which replaces 17 taxes such as central excise duty, service tax, value-added tax, and 23 cesses —was an efficient and simple tax.

"There will be challenges initially," he said. "There can be hiccups even in the most perfect technology but the beauty of a perfect technology is that it removes those hiccups as soon as possible. This is a reform that is in the interest of the common man, traders, businesses, industry and the whole country. You need to be patient."
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In response to a question on the possible boycott of the proposed midnight launch ceremony by some political parties, Jaitley said GST is a 'saanjhi vyavastha' (joint mechanism) for the whole country that was finalised with the contribution and support of all parties.

"We have had consultation at every stage of the formulation of the new tax. At the time of the constitutional amendment, we incorporated suggestions made by Congress," he said. "All bills have been approved by them. Their state governments have passed GST legislations. Finance ministers of the states where their party is in power have participated in the council and agreed to the GST framework."
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He said India had created a federal institution in the GST Council and hoped that the tradition of decision-making by consensus will be followed in future as well.

KEY POLICY CHANGES
India is one of the only countries making such key policy changes, he said.

"The whole world accepts that if anyone has shown the potential to carry out structural reforms (in the current global situation), it is India only. We carried out FDI reforms, we got largest FDI in the world… The government and prime minister have shown that political-level corruption can be ended," he said.

"Through insolvency ordinance, the government has created a framework that allows for large industrialists to be taken to insolvency proceedings… (On) Air India there had been discussions for decades… The cabinet has taken a decision on it yesterday (on Wednesday)."

Asked about the next steps on Air India, he said it would be worked out by the group set up to look into it.
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8 things that businesses need to do before GST
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GST is less than a week away. ET brings a last minute check-list by PwC of all the things that businesses need to do.
GST is less than a week away. ET brings a last minute check-list by PwC of all the things that businesses need to do.
Under GST laws, entities supplying taxable products and services need to be registered in all the states from which these will be supplied.

An entity already registered in a state under any existing law should be migrated to the GST regime. Unregistered entities will have to get registered in the specific states from which supplies are made.

The window for this is likely to open from June 25 for a month or so.

​Representative image
Under GST laws, entities supplying taxable products and services need to be registered in all the states from which these will be supplied. An entity already registered in a state under any existing..
Read More
IT systems will need to be readied, and all the requisite changes made, to issue invoices from the first day of the GST regime.

Invoice formats will have to be amended as soon as possible. Moreover, according to GSTIN requirements, customerrelated data as well as tax codes and conditions (used to compute tax on every transaction) will need to be updated in IT systems and configured to generate reports required for GST.
IT systems will need to be readied, and all the requisite changes made, to issue invoices from the first day of the GST regime. Invoice formats will have to be amended as soon as possible. Moreover,..
Read More
It is imperative that all employees and supply chain partners, such as vendors, distributors and C&F agents, are trained well on amendments in the law.

And since the GST law envisages seamless passing of credit of taxes only on suppliers’ compliance with its requirements, it is imperative that all stakeholders are appropriately educated on compliance-related requirements.
It is imperative that all employees and supply chain partners, such as vendors, distributors and C&F agents, are trained well on amendments in the law. And since the GST law envisages seamless passi..
Read More
Supply of goods or services will attract tax in the GST regime. Credit provisions will also see changes.

In addition, if a company is registered in different states it will be treated as a distinct entity for levy of GST. Therefore, considering the quantum of changes, each transaction undertaken by a company will have to be identified separately, irrespective of whether GST will be applicable for it or not, in order to determine the tax treatment of the transaction.

After the mandatory tax treatment is determined, the transaction will need to be configured in the entity’s IT system.
Supply of goods or services will attract tax in the GST regime. Credit provisions will also see changes. In addition, if a company is registered in different states it will be treated as a distinct ..
Read More
From taxation being imposed on the manufacture or sale of goods and provision of services under the present system, it will move to GST being levied on supply of goods and services.

In addition, there are various other procedural amendments, such as self-invoicing in the case of purchases made from unregistered vendors, reversal of credit in the case of non-payment of consideration for goods, etc. Such amendments in the law will necessitate significant changes in various business processes and it will be necessary for entities to assess the impact of these and change the processes, wherever required.
From taxation being imposed on the manufacture or sale of goods and provision of services under the present system, it will move to GST being levied on supply of goods and services. In addition, the..
Read More
Under the existing indirect tax regime, a correlation between the location of receipt of input services and for receipt of invoices for such services at any location in India is not required.

In the GST regime, since the credit pool for every state will need to be maintained separately, it will be necessary to ensure that an invoice for input services is received at the place where credit of such services is eligible.

This will need an analysis of procurements of services and amendment of contracts with service providers, where required. Similarly, contractual terms with customers will have to be reassessed and revised, if needed.
Under the existing indirect tax regime, a correlation between the location of receipt of input services and for receipt of invoices for such services at any location in India is not required. In the..
Read More
The GST law provides for carry-forward of accumulated tax credit as well as for claiming credit of various taxes paid on stock in hand (which cannot be claimed at present), subject to fulfilment of the prescribed conditions.

Furthermore, for carry forward of their VAT credit balance, taxpayers will have submit their sales tax declaration forms or certificates in Form C, Form F, Form H, etc., as applicable, wherever they have claimed exemption or a concessional rate of CST on such sales.

But relevant declaration forms or certificates have not been submitted to the authorities till now.

So there is an urgent need to accelerate submission of these forms — sooner rather than later!

By Pratik Jain & Kartik Solanki
(Pratik Jain, partner & leader-indirect tax, and Kartik Solanki, director-indirect tax, at PwC India)
The GST law provides for carry-forward of accumulated tax credit as well as for claiming credit of various taxes paid on stock in hand (which cannot be claimed at present), subject to fulfilment of t..
Read More
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