India witnessed its biggest ever tax reform in July, 2017, almost a year back when it migrated to Goods and Services Tax (GST) w.e.f. 1st July, 2017, subsuming therein over a dozen central and state indirect taxes. Given the nature of its federal structure, India followed a dual model of GST with simultaneous levy of Central and State GST.
In Mascot Entrade (P) Ltd. v. Union of India, the Assistant Commissioner of GST and Central Excise issued a show cause notice to the assessee related to service tax matter.
Anti-profiteering provisions have been subjected to judicial scrutiny by the National Anti-Profiteering Authority (NAA) set up under the CGST Act, 2017 recently in Dinesh Mohan Bharadwaj v. M/s Vrandavaneshwree Automotive Pvt. Ltd. vide Order dated 27.03.2018 [Case No. 1/2018 instituted on 27.02.2018
It the 27th meeting held on 4th May, 2018, GST Council, the high powered Constitutional body to take decisions on levy and administration of Goods and Service Tax in India considered various issues and concerns and made recommendations. These recommendations are subject to detailed consideration by Group of Ministers or other bodies and shall be implemented in due course.
In first nine months of Financial Year 2017-18 when GST was in force w.e.f. 1st July, 2017, GST collections have averaged @ Rs. 89800 crore per month. Effectively it is for eight months as GST is collected in the following month. The GST collection in 2017-18 (9 months) has averaged @ Rs. 89800 crore per month which is on a lower side (provisional but including cess totaling Rs. 7.41 lakh crore).
In Nirmal Constructions v State of Madhya Pradesh, where State Government cancelled tender proceedings which were initiated prior to introduction of GST, in view of change in tax environment on introduction of GST, it was held that since the person who had tendered was eligible for Input Tax Credit (ITC) on GST paid on goods/services, there was nothing wrong in decision to exclude amount of GST in tender value.
In Evergreen Seamless Tubes Pvt. Ltd. & Ors. v. Union of India & Ors, WP No. 12378 of 2017(Bombay), HC dismissed writ petition challenging constitutional validity of Section 140(3)(iv) of CGST Act which deals with transition and therefore, refused to strike down one year time limit for transitional credit availment.
1st April has become a land mark date in the GST journey, I not because it is April Fools day but it marks the advent of e-way bills in the country under the GST regime, a tool to check tax evasion and bring in operational efficiency so far as taxpayers and logistics management is concerned.
The first financial year of GST regime is coming to an end next week on 31.03.2018. This is also the year of transition or migration of old indirect tax regime (VAT, Service Tax, Central Excise and other taxes) into goods and services tax regime (GST).
The GST law contains a unique provision on anti-profiteering measure as a deterrent for trade and industry to enjoy unjust enrichment in terms of profit arising out of implementation of Goods and Services Tax in India, i.e., anti-profiteering measure would obligate the businesses to pass on the cost benefit arising out of GST implementation to their customers.
