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Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

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GST Update 11.01.2016

REASONS FOR CONFLICTS BETWEEN CENTRE AND STATES

GST DAILY DOSE OF UPDATION:-
 
REASONS FOR CONFLICTS BETWEEN CENTRE AND STATES:-
 
The implementation of the most awaited GST law is being delayed for mainly two reasons. First is the opposition from the Congress Party regarding three issues, i.e., Abolition of proposal to levy 1% additional tax, incorporation of GST rate in constitution itself and creation of Dispute Resolution Mechanism. Second reason for delayed implementation of GST is the conflicts between Centre and States on certain key issues. The first reason has already been discussed in our earlier update and the second reason is the subject matter of discussion of this update.
 
The first and foremost reason for lack of consensus between the Centre and States was the compensation to be given to the States during the loss of revenue in the initial years of implementation of GST. There has been a huge dispute as regards the compensation to be received by different States as GST is consumption based taxation. As it is known that India comprising of different States out of which some States significantly contribute to the manufacturing activities whereas some states are consuming states. Consequently, manufacturing states will lose significantly during the initial years of implementation of GST. Moreover, the period during which compensation will be given to the States is also a crucial factor for determination as after implementation of GST, the consuming states will earn at higher rate while manufacturing states will lose revenue at higher rate. Consequently, proper equilibrium needs to be maintained. Finally, in order to achieve consensus, it has been proposed to compensate states for a period of 5 years wherein 100% compensation will be for first 3 years, 75% in the fourth year and 50% for the fifth year of implementation of GST. But states still doubt the timely compensation from centre as centre has not given promised CST compensation to states till date.
 
The second reason of dispute for lack of consensus was exclusion of certain items from the purview of GST law for certain specified period of time like Petroleum, High Speed Diesel, Natural Gas, Aviation Turbine Fuel and alcohol for human consumption. It is being demanded from States that only states should have power to levy taxes on these items except in case of imports and inter state trade. The tax from these items is major source of revenue for the states and they do not want to forgo the same.
 
Another reason for conflict between Centre and States was the fixation of threshold limit. While the Centre wants the exemption limit to be Rs. 25 Lakhs, the States are not agreeing for higher threshold limit and support lower threshold limit of Rs. 10 Lakhs. According to the Centre, the contribution of small traders to tax revenue is minimum and insignificant and so the threshold limit should be reasonable keeping into mind the fact that the GST regime will subsume excise duty also which has current threshold limit of Rs. 1.5 Crores. However, with a view to reach consensus with the implementation of GST regime, for the time being it was decided that the threshold limit will be determined by the GST Council.
 
Still another dispute is about the adjudication and appellate authorities to be appointed for the GST. These authorities will come from state or from the centre. While GST has two type of taxes i.e. CGST and SGST and they will be handled by Centre as well as by state. Hence, the field formation of both centre and state will be looking after the same. But smooth implementation of GST require that there should be common adjudication and appellate authorities. But Centre want that these officers should come from centre but the state does not want to lose their power. But to avoid conflict, this matter will be decided later on and centre wants that the constitutional amendment bill is passed at the moment.
 
 
Another dispute is about the rate of tax is to be levied on GST. The states wants it to be higher side so that there is no loss to them. But the centre wants that it should be normal so that it does not add to inflation. They were agreeing around 22% but the opposition congress party want it should not go beyond 18% . This restriction should be placed in constitutional bill itself. But the ruling BJP party does not agree to it. But after the promise of compensation of loss of revenue to states, the state will also agree to the same. But the manufacturing state has demanded additional 1% non cenvatable tax so that there loss is minimum.  The centre is also agreeing to the same but the opposition party is not agreeing the same. The centre wants that the matter will be resolved by GST council.
 
The above reasons for conflicts are sought to be temporarily resolved in order to initiate the process of implementation of GST regime so that a new beginning of unified taxation can be made.

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