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FINANCIAL EXPRESS: Budget cafe 2016: A Budget that may simplify
the indirect tax system
With the introduction of the Goods and Services Tax (GST) regimeशासन missing the target date of April
1, 2016, one would expect the government to use the window of the Union Budget
to bring in changes in the current indirect tax regime, which can be seen as a
step forward towards GST.
The government must bring in लाना measures to revive पुनर्जीवित industrial growth and facilitate की सुविधा a smooth
transition परिवर्तनकाल to the new tax
regime. In the previous Budget, as a step towards GST, certain changes were brought
about के बारे में लाया —increase in
the rate of service tax, doing away with education cess, correction of inverted
उलटा duty
structure, etc—and we can expect the Budget proposals to further these efforts.
The industry expects that key amendmentsसंशोधन shall be proposed in the current
tax regime itself in the ensuing आगामी Budget, which are in consonance तालमेल with ‘Make in India’ and ‘ease of doing business’ campaigns of
the central government.
First, in order to take the rates of service tax closer to the
rates envisaged परिकल्पित in GST,
service tax may be increased marginally by the government from the current
level of 14.5%. There have been resentments असन्तोष to the periodical upward revisions in the rate of service tax
and, therefore, the government could consider keeping the tax incidence on
end-consumer-based services such as telecom, restaurants, air travel, life
insurance, etc, at same level by suitably adjusting the levels of abatement कमी or by other means. Further,
considering the increase in various cost indices and the transition to GST, the
current threshold शुरूआत limit under
service tax may be increased from R10 lakh to R25 lakh.
Second, the government may address another significant area of
concern to the industry, which is the availability of CENVAT credit. Keeping in
mind the principles of GST, industry is hopeful that the definition of input
service will be widened so as to allow credit of input taxes on all costs
incurredकिए गए in relation to business, such as
cost of civil works for setting up a factory or premises घर of service provider, rent-a-cab
service availed for business purposes, etc. In fact, when we operate a
negative-list-based service tax regime, there is no reason for a restrictive
CENVAT credit regime. Again, credit availability needs to be extended to Swachh
Bharat Cess (SBC) and accumulated संचित education cess and secondary and higher education cess as on
February 28, 2015, and May 31, 2015. Else, it leads to tax cascading व्यापक. Service tax on import of
service under reverse charge mechanism should be allowed to be paid through
CENVAT credit, which will lead to reduction in cash outflows and compliance
costs. These measures could support ‘Make in India’ initiative.
Third, over the last 20 years, transactions of import/export
between related entities have increased. The existing mechanism of examination
of such transactions by the Special Valuation Branch (SVB) in Custom House has
proved cumbersome भारी and has not
evolved विकसित with time.
There are uncertainties over passing of assessmentमूल्यांकन /renewal नवीकरण orders by the SVB, resulting in
importers making extra duty deposits, whose refund results in delays. It is
time the government reorganises the SVB in accordanceअनुसार with the requirement of
modern-day governance practices and introduces steps such as Advance Pricing
Agreements.
Fourth, industry hopes that the government would go ahead with
its slatedउम्मीद objective of
enhancing बढ़ाने ‘ease of doing
business’, clarifying certain grey areas in provision of service tax laws.
Industry expects that, in order to bring an end to disputes, clarifications are
issued regarding scope and coverage of intermediary services, taxability of
liquidated damages, payment to expatsलुभा, simplifying the definition of exports, etc.
On the sales tax side, it was envisionedकल्पना की that the rate of Central Sales Tax (CST) would be reduced from
2% to 1% in 2009 and phased out धीरे धीरे हटाया गया with GST. But now, with the delay in introduction of GST, it is
imperative अनिवार्य that at least
the rate of CST be reduced to 1% immediately.
Overall, 2016 can be the year of change for indirect taxes.
Though the date for introduction of GST is not clear, the year should see
significant progress on the subject. The Constitutional Amendment Bill should
sail through in the Budget session and, ahead of that, the draft of GST
regulation should be finalised and released to public for comments. The
government can use the Budget as an opportunity to introduce key changes in the
current indirect tax regime, addressing industry concerns and demonstrating प्रदर्शन its intention to create a
positive environment for industrial growth ahead of introduction of GST.
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Click here to GST Input Tax Credit
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