Tuesday, 30 August 2016

Excise, VAT exempted goods by states should be GST exempt: FICCI-The Total Investment & Insurance Solutions

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30Th Aug 2016

India Inc. proposed on Tuesday that goods fully exempted from excise duty and VAT by states be categorised as exempted goods in the GST regime, which should be implemented after a minimum of 6 months from the date of adoption of the GST law by the GST Council.

"Goods fully exempted from the levy of excise duty and VAT by all the states be categorised as exempted goods in the GST regime as well," Federation of Indian Chambers of Commerce and Industry (FICCI) said in a release following a meeting here with the Empowered Committee of State Finance Ministers on the Goods and Services Tax. The Total Investment & Insurance Solutions

"Goods chargeable to nil rate of excise duty but charged to VAT in most states could be identified for levying a merit rate of GST. All other goods (except jewellery and demerit goods) could be subjected to the standard rate," the statement said.

"As per current indications and reports, goods will be categorised as being subject to merit rates (12%), standard rates (18%) and de-merit rates (40%). The Total Investment & Insurance Solutions

"Certain goods will be exempt from GST while bullion and jewellery would be charged to 1% / 2%," FICCI added regarding classification of goods for applying GST rates.

In this connection, the industry chamber suggested that with a view to check inflation and check the tendency to evade taxes "the merit rate should be lower and the standard rate should be reasonable." The Total Investment & Insurance Solutions

On implementing GST, FICCI said that in order to provide adequate time to trade and industry to prepare "for a hassle free roll out of the GST regime", a minimum of 6 months time should be permitted from the date of the adoption of the GST Law by the GST Council.

"Additional time would be required in case the GST Law as passed by parliament or state legislatures is significantly different from the one adopted by the GST Council," FICCI said.

FICCI also requested the empowered committee that certain existing exemptions such as the area based exemptions under excise legislation and incentives under states' industrial policies should be converted into an effective, non-discretionary tax refund mechanism.

The industry body further recommended that valuation provisions under GST, which is a transaction based tax, should give primacy to actual transaction value.

"Valuation provisions under the draft GST laws are reflection of valuation laws of a single point tax like excise duty. Wide powers have been given under the draft GST laws to authorities to reject declared transaction value," the statement said.

In a meeting here with Revenue Secretary Hasmukh Adhia earlier this month, Indian industry chambers had raised concerns on the draft GST law, flagging issues like dual administrative control and wide discretionary powers for tax authorities.


"Provisions may lead to unwarranted disputes in future so it requested to give a re-look the law before finalising," a FICCI representative told reporters here after the meeting.The Total Investment & Insurance Solutions

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