Mohan R LaviUnion Budgets are
normally used as a platform to make major policy announcements. When it
comes to GST, even though the Finance Minister has hinted at further
rationalisation of rates, it may not be announced in the Budget since
the present rates leave little ground for major changes — rate changes
made in the Budget will at best be cosmetic.
The Finance Minister
should make it a point to assure exporters that their grievances will
be sorted out soon. What one can possibly see in the Budget is an
increase in direct and other taxation rates to balance the fluctuations
in GST revenues.
An administrative aspect should engage the
attention of the Finance Minister. While all the action in GST has been
on the rates and returns, the GST Council should take the task of
simplifying its notifications a priority. There are far too many
notifications being issued. The Council would do well to amend a
notification that has already been issued instead of issuing new ones
amending earlier ones.
Take Notification No 1/2018-Integrated
Tax. It reads: "In exercise of the powers conferred by section 4 of the
Integrated Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in
this notification referred to as the "IGST Act"), on the recommendations
of the Council, the Central Government hereby makes the following
amendment in the notification of the Government of India in the Ministry
of Finance, Department of Revenue No. 11/2017-Integrated Tax dated the
13th October, 2017, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R. 1261 (E) dated
the 13th October, 2017, namely:-
In the said notification, for
the words and figures "except rule 96", the words, figures, brackets and
letter ’except sub rules (1) to (8) and sub rule (10) of rule 96" shall
be substituted."
The original notification specified that the
officers appointed under the respective laws would be empowered to grant
a refund also except for IGST paid on goods exported out of India.
Notification 1/2018 amended 11/2017 by specifying specific clauses to
which the cross-empowerment would not apply instead of the entire Rule.
All that should have been done would be to make the amendment in the
original Notification 11/2017 as amended. It is going to be extremely
difficult for the taxpayer to keep referring and cross-linking
notifications.
The Central Board of Excise and Custom is issuing
amended CGST Rules quite frequently so that taxpayers need not refer to
old rules and the amendments — a similar pattern should be followed for
GST Council’s notifications.
It would be very optimistic to
expect such a change in Budget 2017 since going on a Notification
issuing binge has become a matter of habit than a necessity. From this
Budget day, the e-way Bill system comes into operation. Since the e-way
Bill system has worked well in some States, there may not be too many
glitches in the software. This could put pressure on Infosys, which
manages GST Network’s infrastructure, to fix the software glitches that
keep cropping up on the portal. If a transporter can obtain a transport
document without any glitches, there is no reason why a taxpayer should
not be able to file his returns in a similar manner.
The writer is a chartered accountant