The Indian Express (Delhi Edition)

‘GST won’t lead to job losses, enough work to be available’

- ENS ECONOMIC BUREAU

FM ASSURES TAX OFFICIALS

shares / instrument­s issued prior to April 1, 2017. This would improve the sentiment and a similar clarificat­ion should also be issued in the context of the Tax Treaties with Mauritius, Singapore and Cyprus,” Abhishek Goenka, Partner, Tax & Regulatory Services, PWC said.

GAAR can be invoked through a two-stage process involving a nod at the level of principal commission­er of income tax and a panel headed by a high court judge. “The stakeholde­rs have been assured that adequate procedural safeguards are in place to ensure that GAAR is invoked in a uniform, fair and rational manner,” CBDT said, adding that the government is committed to providing certainty and clarity in tax rules.

CBDT said that if at the time of sanctionin­g an arrangemen­t the court has explicitly and adequately considered the tax implicatio­ns, GAAR will not apply to such an arrangemen­t. It would also not apply if an arrangemen­t is held as permissibl­e by the Authority for Advance Rulings.

“Further, it has been clarified that if an arrangemen­t has been held to be permissibl­e in one year by the Pcit/cit/approving Panel and the facts and circumstan­ces remain the same, GAAR will not be invoked for that arrangemen­t in a subsequent year,” CBDT said. It also clarified that levy of penalty under GAAR would depend on “facts and circumstan­ces of the case and is not automatic”.

Finance minister Arun Jaitley had in his Budget speech in 2015, deferred GAAR implementa­tion by two years and also said that the investment­s made up to March 31, 2017 shall not be subjected to GAAR, which was to be applied on those claiming tax benefit of over Rs 3 crore. CBDT Friday clarified that Rs 3 crore limit of tax benefit calculatio­n for each arrangemen­t cannot be read with a single taxpayer as GAAR is with respect to an entire arrangemen­t that has been entered into. AFTER THE Customs and Central Excise officials raised concerns of job loss after rollout of Goods and Services Tax (GST), finance minister Arun Jaitley on Friday assured that they should have no insecurity as enough work and opportunit­ies will be available to them and only the nature of work will change in the new indirect tax regime.

“I see no reason really for disquiet for the simple reason (that) opportunit­ies which are available to people in service and the matter of policy and constituti­onal guarantee are all protected,” Jaitley said at the Investitur­e Ceremony organised by Central Board of Excise and Customs (CBEC).

The proposed GST will subsume all indirect taxes, replacing an array of central and state levies like excise duty, service tax and VAT.

“Important changes and evolutions which take place are never put on the back burner for the reason that they are the responsibi­lity of those who conduct the activity itself will now be in an altered form, altered environmen­t,” he said.

He further said: “Once it takes place you have a situation where taxes (that) are levied by the state (and) by Centre (will) all be integrated into one and therefore resulting in one assessment. Multiple systems on assessment which is there at present will evolve into a newer kind of system,” he said.

Jaitley responded to concerns of indirect tax officials after CBEC chairman Najib Shah pointed to the “rising disquiet in the cadre”. Shah said there were human resource issues in the service.

Jaitley also said the revenue to be collected is going to expand and there will be expansion of economic activity as well. “Therefore even though you have two parallel machinerie­s which could now be converging into similar kind of activities and shared responsibi­lity, I think the future will stand witness to the fact that there will be adequate amount of opportunit­ies to be created and therefore the kind of disquiet in service, the kind of personal pressure I see on you should reduce as there is no real occasion for a fear of this kind or a sense of insecurity for anyone in this service,” he said.

The finance minister said change and evolution are an integral part of any economic order. “This is an ongoing process it will continue and we will all have to adjust ourselves with this particular change. I can only assure you that there is no reason for disquiet, you can go and have a comfortabl­e sleep tonight,” Jaitley said.

Revenue secretary Hasmukh Adhia also told the officers that they will have enough work to do under GST.

The Indian Revenue Service (Customs and Central Excise) Officers’ Associatio­n had asked the government to protect the sanctity of their service amid attempts by officers of state government VAT department­s to equate themselves with IRS (Customs and Central Excise) officers. They had called for a noncoopera­tion movement by wearing black badges against the recent decisions made by GST Council, which divided the taxpayers in a 90:10 ratio below the annual turnover threshold of Rs 1.5 crore, with 90 per cent of the tax assessees to be scrutinise­d and audited by the states.

For taxpayers above the Rs 1.5 crore threshold, the taxpayers will be divided equally between the states. The arrangemen­t between the Centre and the states to break the deadlock on division of control is being seen as a compromise on part of the Centre, as it has lost out on the maximum share of taxpayers under the threshold of Rs 1.5 crore.

 ?? Renuka Puri ?? Finance Minister Arun Jaitley with MOS for Finance Santosh Kumar Gangwar (left) and Revenue Secretary Hasmukh Adhia (right) in New Delhi on Friday.
Renuka Puri Finance Minister Arun Jaitley with MOS for Finance Santosh Kumar Gangwar (left) and Revenue Secretary Hasmukh Adhia (right) in New Delhi on Friday.

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