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DGGI seeks higher GST from auto parts makers

Goods and services tax authorities have raised higher tax demands to several automotive component manufacturers, citing a Supreme Court judgement regarding a company owned by the West Bengal government.

The Directorate General of Goods and Services Tax Intelligence (DGGI) sent notices to at least 17 such companies in the last 45 days alone with total tax demands of over ₹1,200 crore, said people close to the development. Officials said the amount could go up further as more notices will be sent.

"Going by the Supreme Court order in the case of M/s Westinghouse Saxby Farmer, parts used exclusively for the auto industry have to pay higher tax and there cannot be two principles of taxation for the two industries," a senior tax official told ET.

The matter involves manufacturers of engines, horns, locks, lights, sensing devices, valves, switch panels, LCD screens used in dashboard displays, oil seals and other electronic components, among other vehicle parts.

While these manufacturers have been paying GST on the parts at lower rates, usually 18%, tax authorities have claimed that a rate of 28% is applicable since that is the GST rate applicable on 'parts and accessories of motor vehicles' as per the GST Law.

The component manufacturers have received demand notices for the differential amount along with interest, sources said.

Several companies are now planning to challenge these notices in courts, some of these people said.

 

The dispute in classification arises from a 2021 judgement by the Supreme Court in the case of Westinghouse Saxby Farmer, a manufacturer of relay systems used in railways signalling. The company classified the relays it manufactured as a part of railway equipment, which attracts a lower tax rate. It argued that the parts should be classified as such as they were manufactured exclusively for use in the railways.

Meanwhile, authorities sought reclassification of the product, which would result in higher taxation.

The apex court decided in Westinghouse Saxby's favour, classifying the relays as part of the railway signalling system. While this was beneficial for the railways and aviation industries, experts had warned at that time that the fallout of the ruling will have adverse impact on the automotive industry as they will have to deal with classification disputes with the GST authorities and may face higher tax than the existing one, as Supreme Court order supersedes Central Board for Indirect Taxes and Customs (CBIC) classification.

 

Delhi Govt,mmtaxclub

Delhi Govt waives late fee for filing Annual Returns of registered taxpayers

F. No. 3 (06)/Fin.(Exp-I)/2023-24/DS-I/591.—In exercise of the powers conferred by section 128 of the Delhi Goods and Services Tax Act, 2017 (3 of 2017) (hereinafter referred to as the said Act), the Lieutenant Governor of National Capital Territory of Delhi, on the recommendations of the Council, hereby waives the amount of late fee referred to in section 47 of the said Act in respect of the return to be furnished under section 44 of the said Act for the financial year 2022-23 onwards, which is in excess of amount as specified in Column (3) of the Table below, for the classes of registered persons mentioned in the corresponding entry in Column (2) of the Table below, who fails to furnish the return by the due date, namely:— 

Serial Number

Class of registered persons

Amount

(1)

(2)

(3)

1.

Registered persons having an aggregate turnover of up to five crore rupees in the relevant financial year

Twenty-five rupees per day, subject to a maximum of an amount calculated at 0.02 per cent. of turnover in the State or Union territory.

2.

Registered persons having an aggregate turnover of more than five crores rupees and up to twenty crore rupees in the relevant financial year.

Fifty rupees per day, subject to a maximum of an amount calculated at 0.02 per cent. of turnover in the State or Union territory.

Provided that for the registered persons who fail to furnish the return under section 44 of the said Act by the due date for any of the financial years 2017-18, 2018-19, 2019-20, 2020-21 or 2021-22, but furnish the said return between the period from the 1st day of April, 2023 to the 30th day of June, 2023, the total amount of late fee under section 47 of the said Act payable in respect of the said return, shall stand waived which is in excess of ten thousand rupees.

Source

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GST promotes cooperative federalism and reduces corruption and tax evasion: Hon’ble Governor of Maharashtra, Shri Ramesh Bais

Mumbai CGST & Central Excise Zone celebrated the 6th GST Day on 1st July, 2023. Hon’ble Governor of Maharashtra, Shri Ramesh Bais graced the occasion as the Chief Guest of the event. Officers and staff from Mumbai CGST & Central Excise Zone, officers of Mumbai Customs, and Maharashtra State GST, as well as taxpayers were present.

Speaking on the occasion, The Hon’ble Governor of Maharashtra, Shri Ramesh Bais expressed pride and honour in celebrating the 6th anniversary of the Goods and Services Tax (GST) in India. He highlighted GST as a historic and revolutionary change in the country's indirect tax system. He emphasized the need for GST to overcome the shortcomings of the old tax system, which had multiple taxes and complexities. Further, he praised GST for promoting cooperative federalism and reducing corruption and tax evasion. He also emphasized that the GST reflects the values and aspirations of the country and is a tax that powers the building of our New India. He noted that the GST Collections are buoyant and consistent and stated that the tax collection by the Mumbai GST zone has crossed Rs. 87,500 crores, and that of Maharashtra State GST has crossed Rs. 41,462 crores in 2022-23. In conclusion, He called for a commitment to making GST more efficient, effective, and equitable.

The Principal Chief Commissioner (CGST & Central Excise), Mumbai Zone, Shri Pramod Kumar Agrawal expressed that the GST day is a means to celebrate the 3Cs, i.e., commitment to taxpayers, cooperative federalism, compliance reduction. He emphasized that all the four business processes of GST, i.e., Registration, Return-filing, Payment, and Refund, have been completely digitised, in line with the Prime Minister’s vision of GST being a Good and Simple Tax. He further mentioned that the officers of the GST have fulfilled the principles of Reform, Transform, and Perform. He also informed about the success of the recently held Grievance Redressal Committee Meeting.

The Chief Commissioner (Retired), Dr. D. K. Srinivas stated that the success of the GST is evident from the fact that various independent surveys have clearly shown that more than 90% of taxpayers are satisfied with the GST regime.

The Principal Commissioner Shri U. Niranjan highlighted how GST has facilitated the seamless movement of goods and services, reduced barriers to trade, and attracted domestic and foreign investments.

The Principal Commissioner Shri Nirmal Kumar Soren delivered the Vote of Thanks.

 

On the occasion, commendation certificates were also presented by Hon’ble Governor to 10 officers of the Central GST who have contributed to the successful implementation of the GST for their continued devotion and commitment to duty. The event also involved felicitation of major taxpayers from Mumbai Zone, which included Mahindra & Mahindra Ltd, Bharat Petroleum Corporation Limited, Deposit Insurance and Credit Guarantee Corporation, General Insurance Corporation of India, in the GST category, and Hindustan Petroleum Corporation Limited, and Oil and Natural Gas Corporation from the Central Excise category.

Two taxpayers, namely, Ji Shoji India Pvt. Ltd. and Rajan Agro Green Foods Pvt ltd also received commendation from the MSME category.