The hope of the goods and services tax ( GST) being implemented has revived with the model GST law being put out in the public domain for comments and the support of virtually every state for the GST in the last empowered committee meeting.
The model GST law with 184 sections and four schedules is longer than each of the laws relating to indirect taxes that the GST seeks to subsume. But it is still incomplete.
There is a mention of another schedule in the charging section, but this unnumbered schedule is yet to be made available. Some of the schedules also mention the list therein is only indicative, revealing the model GST law is still a work in progress.
While many of the existing areas of dispute may continue, Isee potential for new avenues opening up for disputes between taxpayers and tax authorities. Let me illustrate: The GST seeks to tax supply of goods and services. The question of whether a supply will be supply of goods or of service will remain contentious if and so long as there is a tax rate differential between goods and services.
While the classification scheme has not been clearly spelt out in the model GST law, so long as the rate structure is not simplified and unified, there can be disputes regarding classification of goods between tariff items having different rates. Similar will be the position in case of services.
The model GST law seeks matching of documents between supplier and receiver for allowing input tax credit (ITC). In case of a mismatch and where the supplier has not made the tax payment, the ITC shall be reversed with interest. But what if the mismatch is on account of, say, some system glitches? The receiver should not be disallowed the ITC so long as he can establish his eligibility to take credit otherwise.
The provision relating to valuation is quite complex and contains a number of specific inclusions and exclusions. But it requires clarity on the circumstances to reject transaction value between two unrelated parties, valuation for captive consumption, valuation of services between branch and head office, valuation in case of cost allocation of common services, and trade or volume discounts and business practices, which are potential areas of dispute and litigation.
Elaborate provisions have been made for transition from the existing law. But still the question remains unanswered about eligibility to credit on certain pre- GST taxes such as credit of excise duty or service tax in respect of duty- paid invoices lying with the erstwhile valueadded tax ( VAT) dealer, or of credit of central sales tax- and excise duty- paid stock held by the trader.
There is no discussion on how the area- based exemptions and other timebound exemptions or concessions will be grandfathered.
Otherwise, there could be a challenge on the grounds of promissory estoppel.
When there is a change in law, commercial disputes may arise between parties if adequate clauses are not included in the contracts according to the new law.
Business Standard New Delhi, 20th June 2016
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