Base on First Discussion Paper on GST, despite the success with VAT, there are still certain shortcomings in the structure of VAT both at the Central and at the State level. The shortcoming in CENVAT of the Government of India lies in non-inclusion of several Central taxes in the overall framework of CENVAT, such as additional customs duty, surcharges, etc., and thus keeping the benefits of comprehensive input tax and service tax set-off out of reach for manufacturers/ dealers.
The Constitutional (122nd Amendment) Bill, 2014 which is now pending in Rajya Sabha for passage faces challenge from main opposition party, Indian National Congress. It mainly wants the GST rate capped at 18 percent in the Amendment itself, removal of additional one percent tax for the manufacturing states (Gujarat, Maharashtra etc) and an independent dispute redressal mechanism.
The broad framework of GST model proposed for India now being clear, well-designed and well-functioning Information Technology (IT) infrastructure facility would be a precondition and pre-requisite for smooth administration of taxpayers, processing of returns, controlling collections, making refunds, auditing taxpayers, levying penalties etc. in the new regime.
Whether Cenvat Credit of the SBC is available? SBC is not integrated in the Cenvat Credit Chain. Therefore, credit of SBC cannot be availed. Further, SBC cannot be paid by utilizing credit of any other duty or tax.
When Finance Act, 2015 was enacted, rate of Service Tax was enhanced from 12% to 14% and both education cesses subsumed in the enhanced rate of Service Tax. Alongwith, a new cess called Swachh Bharat Cess (SBC) was legislated but its levy was deferred due to political reasons.
The term “such as” is often used in statutes as well as judicial pronouncements. However, it is merely illustrative and not exhaustive. Definition of certain services and input service uses the term ‘such as’ which is purely illustrative but not exhaustive. See: Concise Oxford Dictionary: “Such as” means for example or of a kind that; and Chambers Dictionary: ‘Such as’ means for example.
Certain job work and production processes have been exempted from service tax. Carrying out an intermediate production process as job work in relation to –(a) agriculture, printing or textile processing; (b) cut and polished diamonds and gemstones; or plain and studded jewellery of gold and other precious metals, falling under Chapter 71 of the Central Excise Tariff Act, 1985.
Central excise officers are empowered to pay visits to the premises of the assessees. Such visits shall be subject to the following rules: (i) All visit to the premises of service tax assessees will be made by central excise officers only after giving a notice in writing explaining therein the purpose of such visit. (ii) The officers will clearly indicate the documents which may be required by them during their visits.
Services provided by a Common Effluent Treatment Plant Operator for treatment of effluent is exempt from Service Tax. Vide Notification No. 6/2015-ST dated 1.3.2015, this exemption entry has been inserted w.e.f. 1.4.2015 in mega exemption Notification No. 25/2012-ST dated 20.06.2012.
Under reverse charge mechanism w.e.f. 1-7-2012, the service receiver is liable to pay tax, without any benefit of threshold exemption alongwith service provider also liable for certain percentage on case to case basis (w.e.f. 1.7.2012 as per Notification No. 30/2012-ST, dated 20.6.2012 as amended by Notifications No. 45/2012-ST, dated 7.8.2012, 10/2014-ST, dated 11.7.2014 and Notification No. 7/2015-ST dated 1-3-2015).
