Due to postponement of measures under the GST such as matching returns, the e-way bill, and the reverse change mechanism, assesses have found a way to avoid paying taxes.
The government it seems is in no mood to lower its guard on the tax collection front as it looks to send notices to GST defaulters.
According to a report in Business Standard, the government is set to issue notices who have failed to file returns.
Due to postponement of measures under the GST such as matching returns, the e-way bill, and the reverse change mechanism, assessees have found a way to avoid paying taxes. This has prompted a hardening stand on revenue leakages, as per a government official.
In July, the Central Board of Excise and Customs (CBEC) had asked its officers to go easy on taxpayers till GST’s teething problems were solved. But CBEC Chairperson Vanaja Sarna in a letter to his officers has said “sending out notices to those assessees under your jurisdiction who have failed to file returns may be considered.”
GST collections slowed to their lowest at Rs 83,346 crore in October as the integrated GST was used as credit and rates were revised downward, the report said.
The government official further said that reduction in the GST rates for more than 200 items last month might also affect collections. Fearing a slump in revenue collections, the GST Council on Saturday decided to implement the nationwide roll-out of the electronic way bill on interstate movements of goods from February 1 and for interstate carriage from June 1.
CBDT signs first ever two Indian APAs with Netherlands in Nov-2017. The total number of APAs entered into by the CBDT has gone up to 186
CBDT signs first ever two Indian APAs with Netherlands in Nov-2017. The total number of APAs entered into by the CBDT has gone up to 186
Press Information Bureau
Government of India
Ministry of Finance
01-December-2017 11:53 IST
Central Board of Direct Taxes (CBDT) signs two Indian Advance Pricing Agreements (APAs) in November, 2017
The Central Board of Direct Taxes (CBDT) has entered into 2 Bilateral Advance Pricing Agreements (APAs) during the month of November, 2017. These Agreements are the first ever Bilateral APAs with The Netherlands. With the signing of these Agreements, the total number of APAs entered into by the CBDT has gone up to 186. This includes 171 Unilateral APAs and 15 Bilateral APAs.
These two APAs pertain to the Electronics and Technology sectors of the economy. The international transactions covered in these agreements include Distribution, Provision of Marketing Support Services, Provision of Business Support Services, etc.
The APA provisions were introduced in the Income-tax Act in 2012 and the “Rollback” provisions were introduced in 2014. The APA Scheme endeavours to provide certainty to taxpayers in the domain of transfer pricing by specifying the methods of pricing and setting the prices of international transactions in advance. Since its inception, the APA Scheme has been well-accepted by taxpayers.
The progress of the APA Scheme strengthens the Government’s resolve of fostering a non-adversarial tax regime. The Indian APA programme has been appreciated nationally and internationally for being able to address complex transfer pricing issues in a fair and transparent manner.
The move comes at a time when the tax department’s field formations have apparently been on an overdrive after the demonetisation move brought large chunks of supposedly tax-evaded cash into the banking system.
The Central Board of Direct Taxes (CBDT) has sent a missive to all assessing officers (AOs) to stick to protocol while pursuing cases of “limited scrutiny” and not resort to “fishing and roving inquiries” in such cases.
The Central Board of Direct Taxes (CBDT) has sent a missive to all assessing officers (AOs) to stick to protocol while pursuing cases of “limited scrutiny” and not resort to “fishing and roving inquiries” in such cases. The move comes at a time when the tax department’s field formations have apparently been on an overdrive after the demonetisation move brought large chunks of supposedly tax-evaded cash into the banking system. The department selects cases of “limited scrutiny” — which restricts probe into a single aspect rather than a complete appraisal of tax liability — through Computer Aided Scrutiny Selection (CASS). The data mined include annual information reports and 26AS, which includes tax payment/TDS history. In its latest direction to the assessing officers (AOs), the board said it has come across instances where AOs have ventured beyond their jurisdiction while making assessments in ‘limited scrutiny’ cases by initiating inquiries on new issues without following the due procedure.
“These instances have been viewed very seriously by the CBDT and in one case, the Central Inspection Team of CBDT was tasked with examination of assessment records on receipt of allegations of several irregularities,” the letter said. The CBDT in fact suspended the officer concerned after it was found that there was no reason recorded for expanding the scope of limited scrutiny. Violating standard operating procedure, the officer had not sought approval from principal commissioner for converting limited scrutiny cases into a complete scrutiny case. Moreover, the AO hadn’t maintained the order sheet properly, which gave rise to strong suspicion of mala fide intentions. The purpose of introducing ‘limited scrutiny’ was to curb overarching powers of AOs and improve ease of paying taxes. The CBDT has previously issued instruction to AOs to confine the questionnaire to the specific issues and complete the case expeditiously in a limited number of hearings.
The CBDT reiterated that AOs must maintain “order-sheet” properly by ensuring that the minutes of the hearing in a case are entered along with relevant date. Further, it said that the order-sheet must have entries for each posting, hearing and seeking and granting of adjournments. Order-sheet is meant to chronicle the progress of an assessment case by the concerned official. “Suspension of undisciplined officers clearly conveys the message that the government aims to make India’s taxation regime transparent, non-adversarial and taxpayer friendly. But the established fact is that real picture is drawn from the enforcement and not policy formulation. Hoping that the tax authorities follow the instructions diligently going forward and end the era a tax terrorism,” Rakesh Nangia, managing partner at Nangia & Co said.
Around 56% of the registered taxpayers have filed their GSTR-3B returns for October by 20 November, says GSTN
Over 3.9 million assessees filed the summary return for September and over 2.8 million for August.
Taxpayer compliance under the goods and services tax (GST) system is steadily improving with 4.4 million assessees filing summary of the transactions made in October, an improvement of 11% from the filings reported for the previous month, said an official statement from GSTN, the company that processes tax returns.
The statement said the number of taxpayers filing their GSTR 3B returns showed a “marked improvement” with the highest number of assessees filing returns for October till 20th November 2017.
Around 56% of the registered taxpayers have filed their GSTR-3B returns for October by 20 November, it said. The “steady increase” in filings is encouraging, the statement said further, citing chairman Prakash Kumar.
“The trend of taxpayers filing their returns on the last day continues though. Taxpayers are urged to file their returns early to avoid last minute hassles” Kumar said.
Over 3.9 million assessees filed the summary return for September and over 2.8 million for August.
Close to 1.5 million taxpayers filed their returns on 20 November, the highest number of filings in a day.
Punjab topped the list of states in compliance. About 73% of taxpayers in Punjab filed their GSTR 3B returns for October by the deadline.
Federal indirect tax body, the GST Council, has taken a series of steps including deadline relaxations, waiver of late fee, suspension of invoice matching and simplification of forms to encourage voluntary compliance under the new indirect tax regime.
The seven APAs signed over the last month pertain to sectors like FMCG, semi-conductor, information technology, travel and leisure, office furniture and engineering.
The Central Board of Direct Taxes (CBDT) has signed seven more advance pricing agreements (APAs) with Indian taxpayers as it looks to reduce litigation by providing certainty in transfer pricing.
The seven APAs signed over the last month pertain to sectors like FMCG, semi-conductor, information technology, travel and leisure, office furniture and engineering.
“The Central Board of Direct Taxes (CBDT) has entered into seven more Advance Pricing Agreements (APAs) during October 2017. All these agreements are unilateral,” the CBDT said in a statement.
With the signing of these agreements, the total number of APAs entered into by the CBDT has gone up to 184, which includes 171 unilateral and 13 bilateral APAs.
In 2017-18, a total of 32 APAs (2 bilateral and 30 unilateral) have been signed till date.
The APA scheme was introduced in the Income-Tax Act in 2012 and the ‘Rollback’ provision in 2014.
The scheme aims to provide certainty to taxpayers in the domain of transfer pricing by specifying methods of pricing and setting the prices of international transactions in advance.
According to the statement, the progress of the APA scheme strengthens the government’s resolve of fostering a non-adversarial tax regime. The Indian APA programme has been appreciated nationally and internationally for being able to address complex transfer pricing issues in a fair and transparent manner.
The World Bank’s ease of doing business report showed that eight reforms were key in helping businesses in 2016/17. India is also among the 10 economies to have improved the most, alongside El Salvador, Malawi, Nigeria and Thailand.
Doing business in India became much easier over the past one year because of a raft of policy reforms, an annual World Bank index showed on Tuesday, in what is possibly a shot in the arm for Prime Minister Narendra Modi’s efforts to win big-ticket investments.
For the first time, India jumped 30 places to break into the top 100 in the ease of doing business rankings for the year to June 2017. The 190-country index is an influential barometer of competitiveness among countries that likely also helps businesses make investment decisions.
India’s impressive performance was largely due to reforms in taxation, insolvency laws and access to credit, part of measures Prime Minister Modi’s government has pushed to boost investment and jobs that would help absorb a million people who join the workforce every month.
“India’s performance is not based on efforts of just one year but consistent efforts made over the last three years to continuously improve the regulatory environment of doing business,” Annette Dixon, vice president South Asia, told a press conference.
“It is the result of a number of reforms that the government has undertaken that India is becoming a preferred destination to do business.”
India saw improvements in six of 10 indicators, including on winning construction permits, enforcing contracts, paying taxes and resolving insolvency. It, however, slipped when it came to starting a business, getting an electricity connection, cross-border trade and registering property.
Underlining how reforms had helped India improve its overall ranking, the World Bank said the establishment of debt recovery tribunals reduced non-performing loans by 28% and lowered interest rates on larger loans, suggesting that faster processing of debt recovery cases cut the cost of credit.
India was also among the 10 economies to have improved the most, alongside El Salvador, Malawi, Nigeria and Thailand.
Increasing the fear of an unravelling of the exercise of invoices-matching, which is crucial to realising the presumed merits of the goods and services tax (GST), like reduction of tax evasion and cascades, three-fourths of the 60 lakh eligible taxpayers haven’t completed the formalities of filing.
Increasing the fear of an unravelling of the exercise of invoices-matching, which is crucial to realising the presumed merits of the goods and services tax (GST), like reduction of tax evasion and cascades, three-fourths of the 60 lakh eligible taxpayers haven’t completed the formalities of filing both the inward and outward supplies-based returns for July till a day before the October 31 deadline. This has forced the government to give another window till November-end “to facilitate about 30.81 lakh taxpayers” to file details of inward supplies (GSTR-2). The triplicate comprehensive returns for July, the first month since GST’s launch, were originally required to be filed in the subsequent month itself, but due to the GST Network’s technical glitches and low levels of compliance, the deadlines have been extended multiple times. The schedule for filing these returns for August onwards has not even been announced yet, as this was to follow from the July-cycle learning. While invoice-matching is getting unduly delayed, piling up a huge job for the taxmen, the consequent blockage of input tax credits is bound to hit the working capital for large sections of the industry.
Since the launch of GST, small and medium enterprises have faced cash crunch, while exporters have got the refunds of July and August taxes only recently. Of course, the government has allowed industries with turnover up to Rs 1.5 crore to file the detailed returns on a quarterly basis while assuring them of prompt release of input tax credits claimed via monthly interim returns, but the deferment of invoices-matching would mean large-scale adjustments of the tax and ITC figures later. The government has faced much criticism for the imperfections of the GST it launched (multiple rates, high peak rates, exclusion of real estate and five petro- leum products etc). Also, since the GST was introduced, it has had to make more compromises that besmirched the new tax further. While dozens of items saw rate changes post-July, the GST Council, on October 6, accorded virtual tax waiver for exporters till March 31, 2018, despite exemptions running contrary to the GST’s basic tenet.
Besides, units with up to Rs 1.5 crore turnover were allowed to file quarterly instead of monthly returns, a move that would allow 90% of the non-composition GST registrants to shift to the easier system of filing returns every quarter, but could make prompt invoices-matching difficult. As reported by FE on Monday, the council may allow all taxpayers to move to quarterly mode of filing returns as it meets at Guwahati on November 10. The composition scheme — that allows businesses to pay taxes as a small percentage of turnover annually — is set to be made available to units with turnover up to Rs 1.5 crore, in what could effectively exclude 90% of the taxpayers from being part of the multi-point destination-based tax chain.
GST Network, which is the IT backbone of GST, estimates that about 80 crore invoices would be uploaded on to the system every month. A tax official said that even if 2-3 crore of the invoices don’t match, it will lead to numerous disputes, which would be arduous to resolve. “Besides, tax evasion takes place when transactions are off-book which will never be captured through invoices. The government needs precise and visible enforcement to minimise tax evasion,” the official said. To begin with, GST Council should have implemented matching at the GST level where sale and purchase are matched on the basis of the unique GST registration number of each taxpayer. Invoice matching should ideally have been brought in a few months later after the system stabilised. Now that some taxpayers are allowed to file returns only quarterly, the matching should also be harmonised with it and not be carried out every month.
These steps alone will make the process smoother,” Rahul Renavikar, managing director of Acuris Advisors said. Aditya Singhania, of Taxmann, said: “The matching concept is a much appreciated step for allowing input tax credit which is regulated by the GSTR 1, 2 and 3 mechanism. But with the brilliant concept, the IT platform of GST i.e. www.gst.gov.in should equally work in same wavelength for achieving the objective. Due to certain bugs and frictions, coupled with totally new forms of returns, taxpayers were unable to file the (returns) on time.” While industrialised states like Maharashtra, Gujarat and Karnataka among others had invoice-matching systems prior to GST, although these were not granular-level matching. A Maharashtra tax official, who requested anonymity, said that matching at the level of VAT number –much simpler than invoice-level matching – had enabled identification of 80% mismatches, which enabled the tax department to take action against hawala operations.
However, some tax officials have doubted the efficacy of invoice-matching, saying this wasn’t much of a success in any country with GST-type tax. “The first two month would pose immense challenges on how to deal with invoice mismatches and the provision may eventually have to be done away with,” a revenue department officials told FE on the condition of anonymity. The tax department is also worried that about 40% of taxpayers who filed the returns for July have claimed nil-tax liability. “It is indeed a large number. If enforcement is required, we will carry it out, though not in the nature of search and seizure. We may opt for discreet inquiries and meetings with such groups of taxpayers, to find out the reasons for the trend,” revenue secretary Hasmukh Adhia had told FE earlier.
