Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Publish Date: 25 Dec, 2009
Print   |    |  Comment

Inter-state transactions:Far from solutions!

 

Inter-state transactions: Far from Solutions!

By:

CA Pradeep Jain

Siddharth Rutiya

 

THE famous Hindi proverb  (The disease increases as and when the treatment is undertaken) applies to interstate transactions. These interstate transactions has become non curable disease for the Centre. In the present scenario VAT is levied on transactions pertaining to sale of goods within the state wherein the credit of VAT paid by the buyer is allowed to him, which he can utilize for discharging his output VAT liability. But the transactions relating to Inter-State sale of goods are subject to levy of CST (Central Sales Tax). In this situation the credit of CST paid on interstate sale of goods is not allowed which leads to a huge cost burden on the seller or dealer. To overcome this cost burden and to be competitive in the market the dealers establish their branches and/or depots in other states and route their transactions in such a way that the transfer of goods to such branches and/ or depots does not attract CST levy and during the sale from these depots/branches, only VAT is payable, which in turn is allowed as credit to them. Thus, everyone prefers to purchase from intra state rather than interstate. The CST charged will add to the cost and no credit of the same is available.

To overcome this lacuna in the present scenario of indirect tax structure Government has recently initiated its efforts towards introduction of a new tax regime GST. With the introduction of First Discussion Paper on GST by the Empowered Committee of State Finance Ministers on November 10, 2009; Government placed its first stepping stone in bringing this new indirect tax scheme and making it a great success. Under the First Discussion Paper the Government has proposed to setup a dual structure of Central GST (CGST) and State GST (SGST) to be imposed on the manufacture of goods and on provision of services. A continuous chain of set-off would surely eliminate the burden of all cascading effects.

In this article we have made an effort to analyze the situations between GST tax scheme in case of transactions between two states (inter-state), commonly known by the name Inter State GST (IGST) and present situation under CST law. Further, we in this article have structured out the comparison between Inter-state transactions and Intra-state transactions under GST Scheme alongwith the pros and cons under both the scenarios.

Levy of GST on Transactions within the State

Transactions pertaining to manufacture and sale of goods and also including provision of services carried on within a state would attract the levy of CGST and SGST both and the assessee will be required to pay element of both CGST and SGST separately. Further as per the proposed scheme it is the Assessees obligation to maintain separate records for both SGST & CGST and deposit these duties separately in revenue accounts.

Simultaneously, the Assessee is required to avail the Input Tax Credit (ITC) separately for both these duties and more to he will be allowed to utilize the ITC in this respect individually without mixing the credit availed. In other words it can be said that the credit of CGST taken by the assessee will have to be utilised to pay CGST only and credit of SGST taken will be allowed to be utilized to pay SGST only. Cross adjustment of tax credit between CGST and SGST will not be allowed.

Levy of GST on Inter-State Transactions

Government has proposed a different tax structure for inter-state transactions of goods and services to be known as IGST (Inter-State GST). As discussed in First Discussion Paper, the Government has proposed that the said IGST will be levied by the Central Government and it would be a composite tax which would include both CGST and SGST in it.

However, as per the scheme drafted by the Government in regards to such Inter State transactions it is proposed that the inter-state seller will have to pay IGST on value addition after adjusting available credit of IGST, CGST and SGST on his purchases. Further, as far as the credit of SGST is used in payment of IGST is concerned, it will be transferred by the Centre to the Exporting state. Simultaneously, the Importing dealer will claim credit of IGST while discharging his output tax liability in his own State and the Centre will transfer to the importing State the credit of IGST used in payment of SGST.

Pros and Cons of IGST Model: -

The analysis of First Discussion Paper brings out the following pros and cons of IGST Model listed as under: -

Ø      Maintenance of uninterrupted ITC chain on inter-State transactions.

Ø      No upfront payment of tax or substantial blockage of funds for the inter-state seller or buyer.

Ø      No refund claim in exporting State, as ITC is used up while paying the tax.

Ø      Self monitoring model.

Ø      Level of computerization is limited to inter-State dealers and Central and State Governments should be able to computerize their processes expeditiously.

Ø      As all inter-State dealers will be e-registers and correspondence with them will be by e-mail, the compliance level will improve substantially.

Ø      Model can take ‘Business to Business' as well as ‘Business to Consumer' transactions into account.

Thus, in case of inter-state transactions, the credit can be adjusted in both CGST and SGST. The credit of IGST can be used to for payment of either CGST or SGST both.

Threshold Exemption for CGST and SGST

The First Discussion paper also proposes for various threshold exemptions from CGST and SGST levies separately. It proposes for an exemption limit of Rs. 150 Lakhs in CGST, which is at par with exemption limit for small scale manufacturers under the present Central Excise Act, 1944. However, the exemption from SGST is kept at par with the current VAT exemption limits.

Similarly, the discussion paper also proposes to provide for an exemption limit from CGST for the service provider, which are currently enjoying exemption of Rs. 10 Lakhs under Finance Act, 1994.

The discussion paper brings out a strange concept wherein it is proposed that the State Authorities will be empowered under their respective state GST statutes to exempt various goods that are of peculiar nature looking to the specificity existing in that state. These exemptions will be area specific and shall prevail for that state jurisdictions only. We are of the view that if such a power is being granted to the states then the situation will be that certain goods will be exempted by SGST in that state, however, CGST will be levied on those products.

The above peculiarity of exemption schemes as proposed under the First Discussion Paper leads to a situation where it is possible that various units might be availing separate exemptions for CGST and SGST individually. This will lead to a troublesome situation as if the CGST is exempt then the assessee will not be allowed to take the credit of CGST and similarly, if the SGST is exempt then credit of the same will not be allowed to him.

Analyzing the above situation we deduce that, in a case where an assessee is granted exemption from CGST but SGST is applicable, then the credit of CGST will not be available to him but he will be able to take the credit of SGST. From this aspect if we consider transactions from one state to another then IGST will be paid as it will be available as credit since SGST is payable on his final product or output services. Then he will be able to take the credit of IGST which is sum total of CGST and SGST. He will be more benefited as the CGST is not payable but he will be able to take the credit of CGST in garb of IGST. He will adjust the same in payment of SGST.

If this happens then it will lead to a circumstance where an assessee is exempted either from CGST or SGST and the other is payable. In such a situation he will like to procure goods or services from outside state rather than inside the state. This will reverse the position as existing now in the VAT. In current regime, if one purchase from outside state then he has to pay CST and the credit of same is not available. But if an assessee purchases goods inside the state then VAT is payable and credit of the same is available. As such, everyone intends to purchase the goods from inside the state.

Although the Discussion paper does not clear the situation in its entirety as to what will be the exact situation and what will be the law in case of IGST levy. At this present level it is very untimely to say anything with utmost surety as to what will be the exact position but we have prepared this article on our understanding of the said paper.

Conclusion

Thus, from the above discussion and analysis, we are of the view that the initiation by the Government to remove the deficiency under the present CST law has not resulted in a fruitful step. Earlier the dealers used to prefer sale transactions within the state so as to reduce their cost burden by availing the credit of VAT paid but if the GST law is introduced as such with the features as stated above in this article then it will be beneficial for the dealers to prefer Inter-State transactions as this will lead to levy of IGST and under GST tax regime full Credit of IGST is allowed along with cross utilization of same.

In a nut shell we can say that the situation that prevailed prior to introduction of GST will be completely reversed once the GST comes into picture. Under GST law Inter-State transactions will be more advantageous to the assessees/dealers who are providing output service or are manufacturing final product and are simultaneously availing exemption benefits under any threshold exemption.

The views expressed by us in this article are the views as understood by us while analyzing the recommendations of Empowered Committee of State Finance Ministers and in no way signifies the views of the Government. The scenario as analyzed by us above will be clear only after the Government releases a GST code or further clarification on this matter. From Government's side also, the utmost care has to be taken of this point while drafting the rules and regulations for GST.

 

Comments

  • V.S. Datey on 02 January, 2010 wrote:

    I have read your interesting article. In my view, IGST is the best idea evolved and in fact that only will save the GST regime. The present provision of claiming refund by dealer is unworkable and prone to corruption and harassment. In my view, after introductrion of IGST, the area based exemptions will become redundant in majority of the cases. the buyer will not be able to get credit of IGST (since the seller is exempt). Thus, he has to pay full SGST and CGST on entire value. hence, no benefit in opriocuring goods from area based unit (except when these are for direct consmption of the buyer)

Post a Comment



Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com