Skip to main content

FMCG suppliers move court as sops go missing in tax exempted zones

 FMCG suppliers move court as sops go missing in tax exempted zones
Suppliers to major FMCG companies that were given tax exemptions for investing in industrially marginal areas of Uttarakhand, J&K, Himachal Pradesh and the North East have dragged the government to court over the apparent lack of such concessions in the Goods and Services Tax (GST). 
Under the erstwhile tax regime, manufacturers who would invest in some areas would get indirect tax exemptions from the state governments – and sometimes from the central government. The idea was to encourage more investments in these exempted zones. In the past few years, India’s top FMCG companies such as Hindustan UnileverBSE 0.29 % and Godrej ConsumerBSE -0.99 % have been sourcing most of their products from manufacturers in these areas. 
In the writ petition filed in Uttarakhand High Court’s Nainital bench, the vendors said that under GST there is no clarity of what would happen to the exemptions given under the earlier regime. Under the transitional credit rules, these manufactures have not been able to claim credit of the past taxes paid or exemptions availed to set off their current GST liabilities. ā€œThe Indian Constitution provides that GST Council shall make recommendations with respect to special exempted units. 
The denial of credit on capital goods… in these cases appears to be an unintended omission as section 140 of the CGST Act doesn’t cover the proportionate availing of creditā€, said Abhishek A Rastogi, partner, Khaitan & Co, and an advocate for the manufacturers. Tax experts point out that the issue is with respect to non-availability of credit on capital goods when the businesses transitioned from the exempted regime to the taxable regime under GST. 
The impact is huge for capital intensive units which had invested in capital goods in the area-based exempted zones, say people in the know. Tax experts say that there is a discrepancy between the GST Act and transitional credit rules. While the act allows for such credits, the rules deny that. This has caused cost escalation and ambiguity for several manufacturers. 
ā€œThe prescribed framework for transition of tax credits from the old regime to the GST regime has unintentional gaps. It is important that the government creates an institutional set up to identify, transparently debate and aggressively plug these gaps,ā€ said Uday Pimprikar, partner, tax and regulatory services, EY India. ET had first reported that GST could cause huge problems for manufacturers in areas such as Baddi in Himachal Pradesh. 
ā€œThis is not just a tax issue; it is a sensitive political issue. While many companies that had invested in these areas due to lower taxation will see rising costs, state governments may not be able to abide by the MoUs they had signed with these companies,ā€ a senior government official had told ET. 
The Economics Times, New Delhi, 16th March 2018

Comments

Popular posts from this blog

Budget: Startup sector gets new Fund of Funds, FM to allocate Rs 10K cr

  The Indian startup sector received a boost with Finance Minister Nirmala Sitharaman announcing the establishment of a new fund of funds (FoF) in the Budget 2025. The minister unveiled a fresh FoF with an expanded scope, allocating Rs 10,000 crore. The initial fund of funds announced by the government with an investment of Rs 10,000 crore successfully catalysed commitments worth Rs 91,000 crore, the minister said.   ā€œThe renewal of the Rs 10,000 crore commitment to the Fund of Funds for alternative investment funds (AIFs) is a significant step forward for the Indian startup and investment ecosystem. The initial Rs 10,000 crore commitment catalysed Rs 91,000 crore in investments, and I fully expect this fresh infusion to attract an additional Rs 1 lakh to Rs 1.5 lakh crore in capital,ā€ said Anirudh Damani, managing partner, Artha Venture Funds.   Damani further added that this initiative will provide much-needed growth capital to early-stage startups, further strengthenin...

GST collection for November rises by 8.5% to Rs.1.82 trillion

  New Delhi: Driven by festive demand, the Goods and Services Tax (GST) collections for the Union and state governments climbed to Rs.1.82 trillion in November, marking an 8.5% year-on-year growth, according to official data released on Sunday. Sequentially, however, the latest collection figures are lower than the Rs.1.87 trillion reported in October, which was the second highest reported so far since the new indirect tax regime was introduced in 2017. The highest-ever GST collection of Rs.2.1 trillion was reported in April. The consumption tax figures highlight the positive impact of the recent festive season on goods purchases, providing a much-needed boost the industry had been anticipating. The uptick in GST collections driven by festive demand had been anticipated by policymakers, who remain optimistic about sustained growth in rural consumption and an improvement in urban demand. The Ministry of Finance, in its latest monthly economic review released last week, stated that I...