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Tax collection FY 2021-22

Tax Revenues in 2021-22 exceed the Union Budget estimates by ₹5 lakh crore

The tax revenue in the Union Budget for 2021-22 was estimated at ₹22.17 lakh crore against the revised estimates of ₹19 lakh crore, with a growth of 17%. The Union Budget was presented on 1st February, 2021 when the 1st COVID wave had tapered off in India but the world was facing successive waves.

Against the Union Budget estimates of ₹22.17 lakh crore, the revenue collections as per the pre-actual figures is ₹27.07 lakh crore, almost ₹5 lakh crore above the budget estimates. This is a growth of 34% over last years revenue collection of ₹ 20.27 lakh crore, led by growth of 49% in direct taxes and supported by 20% growth in indirect taxes. This revenue growth has been propelled by rapid economic recovery after successive waves of COVID, supported by one of the largest immunization programme of the world run by the Government. It also signifies a robust recovery in the economy. These was also supplemented with better compliance efforts in taxation. Various efforts were taken by tax administration on direct as well indirect taxes to nudge higher compliance through use of technology and artificial intelligence.

2021-22 marks the highest tax-GDP ratio of 11.7%, with direct tax to GDP ratio at 6.1% and indirect tax to GDP ratio at 5.6%. The tax buoyancy (which is a measure of growth in tax revenues as compared to GDP growth) is at a very healthy figure of 1.9, with 2.8 for direct taxes and 1.1 for indirect taxes. The ratio of direct to indirect taxes recovered from 0.9 in 2020-21 back to 1.1 in 2021-22.

The gross corporate taxes during 2021-22 was ₹8.6 lakh crore against ₹6.5 lakh crore last year, which shows that the new simplified tax regime with low rates and no exemptions has lived upto its promise. During the year, Income tax department gave refunds of ₹2.24 lakh core. During last two years, the effort has been to clear backlog of refunds to infuse liquidity into the hands of businesses. During the year, 2.4 crore refunds were issued that included 2.01 crore related to the year 2021-22, for which the returns were filed till 31st March 2021.

This has been possible due to faster processing of returns. During 2021-22, 22.4% returns were processed on the same day and around 75% returns were processed in less than a month time. The average processing time for returns during 2021-22 was 26 days. During the year, 7.14 crore returns were filed as compared to 6.97 crore last year.

On the indirect taxes, GST has seen an exemplary growth during 2021-22 despite two waves of COVID-19 pandemic. CGST revenues increased from ₹4.6 lakh crore last year to ₹5.9 lakh crore in 2021-22. The average monthly gross GST revenue in 2021-22 was ₹1.23 lakh crore as compared to ₹94,734 in 2020-21 and ₹1.01 lakh crore in 2019-20.

This again signifies a robust rebound in the economy. This has been complemented due to various measures taken to improve compliance. The GSTR-3B filing (percentage of returns of previous month filed till end of the month) improved from 74% in September 2020 to 87% in February 2022. The GSTR-1 filing has significantly improved from 54% in September 2020 to 82% in February 2022. This also shows that the gap between GSTR-3B filing and GSTR-1 filing has completely narrowed down to the level of elimination. This shows that the GST ecosystem has appreciated the invoice-based discipline in GST, which not only benefits GST revenues but also contributes to overall formalization in the economy.

The level of economic recovery can also be seen from the value of e-way bills generated every month, which has improved from ₹16.9 lakh crore in January 2021 to ₹25.7 lakh crore in March 2022.

During 2021-22, Customs duty has witnessed a growth rate of 48%. During last two years, Government has undertaken comprehensive review and rationalization of the Customs tariff structure through extensive consultations and crowd sourcing and has rationalized various exemptions and simplified the tariff structure.

It is expected that the trend of recovery in the economy and tax revenues of the Government will continue to grow.

Press Release

DGFT, Track and trace, date extension

DGFT extended the date for implementation of Track and Trace system for export of drug formulations till March 31, 2023

The DGFT vide Public Notice No. 01/2015-20 dated April 04, 2022 has extended the date for implementation of the Track and Trace system for export of drug formulations w.r.t. maintaining the Parent-Child relationship in packaging levels and its uploading on Central Portal for both SSI and non SSI manufactured drugs till March 31, 2023.

In exercise of the powers conferred under Paragraph 2.04 of the Foreign Trade Policy, 2015-20, as amended from time-to-time, the Director General of Foreign 'Trade hereby amends Para 2.90A of Handbook of Procedure- 2015-20, as notified vide Public Notice No. 43/2015-20 dated December 05, 2017 read with Public Notice No. 52 / 2015-20 dated January 05, 2016, Public Notice No. 05/2015-20 dated May 09, 2018, Public Notice No. 43/2015- 2020 dated November 01, 2018, Public Notice No. 16/2015- 2020 dated July 04, 2019, Public Notice No. 66/2015- 2020 dated March 30, 2019, Public Notice No. 16/2015-2020 dated September 22, 2020 and Public Notice No. 46/2015-20 dated March 31, 2021 on laying down the procedure for implementation of the Track and Trace system for export consignments of drug formulations.

In Para 2.90 A (vi) and (vii) of Handbook of Procedure - 2015-20 (as amended vide Public Notice No. 46/2015-20 dated March 30, 2021), "April 01, 2022" may be substituted by "March 31, 2023".

Effect of this Public Notice: The date for implementation of Track and Trace system for export of drug formulations with respect to maintaining the Parent-Child relationship in packaging levels and its uploading on Central Portal has been extended up to March 31, 2023 for both SSI and non SSI manufactured drugs.

The Public Notice can be accessed at: https://content.dgft.gov.in/Website/dgftprod/84def606-a992-446c-853d-9f2f303fc0b1/PN%2001.pdf

 

GSTN_Advisory_2B_mmtaxclub

All time high Gross GST collection in March’2022, breaching earlier record of ₹ 1,40,986 crore collected in the Month of January 2022

The gross GST revenue collected in the month of March 2022 is â‚¹ 1,42,095 crore of which CGST is â‚¹ 25,830 crore, SGST is â‚¹ 32,378 crore, IGST is â‚¹ 74,470 crore (including ₹ 39,131 crore collected on import of goods) and cess is â‚¹ 9,417 crore (including ₹ 981 crore collected on import of goods). The gross GST collection in March’2022 is all time high breaching earlier record of ₹ 1,40,986 crore collected in the Month of January 2022.

The government has settled ₹ 29,816 crore to CGST and ₹ 25,032 crore to SGST from IGST as regular settlement. In addition, Centre has also settled Rs. 20,000 crore of IGST on ad-hoc basis in the ratio of 50:50 between Centre and States/UTs in this month. The total revenue of Centre and the States in the month of March 2022 after regular and ad-hoc settlements is ₹ 65646 crore for CGST and ₹ 67410 crore for the SGST. Centre also released GST compensation of  â‚¹ 18,252 crore to States/UTs during the month.

The revenues for the month of March 2022 are 15% higher than the GST revenues in the same month last year and 46% higher than the GST revenues in March 2020. During the month, revenues from import of goods was 25% higher and the revenues from domestic transaction (including import of services) are 11% higher than the revenues from these sources during the same month last year. Total number of e-way bills generated in the month of February 2022 is 6.91 crore as compared to e-way bills generated in the month of January 2022 (6.88 crore) despite being a shorter month, which indicates recovery of business activity at faster pace.

The average monthly gross GST collection for the last quarter of the FY 2021-22 has been ₹ 1.38 lakh crore against the average monthly collection of ₹ 1.10 lakh crore, ₹ 1.15 lakh crore and 1.30 lakh crore in the first, second and third quarters respectively. Coupled with economic recovery, anti-evasion activities, especially action against fake billers have been contributing to the enhanced GST. The improvement in revenue has also been due to various rate rationalization measures undertaken by the Council to correct inverted duty structure.

The chart below shows trends in monthly gross GST revenues during the current year. The table shows the state-wise figures of GST collected in each State during the month of March 2022 as compared to March 2021.

https://static.pib.gov.in/WriteReadData/userfiles/image/image001IQHT.png

State-wise growth of GST Revenues during March 2022[1]

 

State

Mar-21

Mar-22

Growth

1

Jammu and Kashmir

352

368

5%

2

Himachal Pradesh

687

684

0%

3

Punjab

1,362

1,572

15%

4

Chandigarh

165

184

11%

5

Uttarakhand

1,304

1,255

-4%

6

Haryana

5,710

6,654

17%

7

Delhi

3,926

4,112

5%

8

Rajasthan

3,352

3,587

7%

9

Uttar Pradesh

6,265

6,620

6%

10

Bihar

1,196

1,348

13%

11

Sikkim

214

230

8%

12

Arunachal Pradesh

92

105

14%

13

Nagaland

45

43

-6%

14

Manipur

50

60

18%

15

Mizoram

35

37

5%

16

Tripura

88

82

-7%

17

Meghalaya

152

181

19%

18

Assam

1,005

1,115

11%

19

West Bengal

4,387

4,472

2%

20

Jharkhand

2,416

2,550

6%

21

Odisha

3,285

4,125

26%

22

Chhattisgarh

2,544

2,720

7%

23

Madhya Pradesh

2,728

2,935

8%

24

Gujarat

8,197

9,158

12%

25

Daman and Diu

3

0

-92%

26

Dadra and Nagar Haveli

288

284

-2%

27

Maharashtra

17,038

20,305

19%

29

Karnataka

7,915

8,750

11%

30

Goa

344

386

12%

31

Lakshadweep

2

2

36%

32

Kerala

1,828

2,089

14%

33

Tamil Nadu

7,579

8,023

6%

34

Puducherry

161

163

1%

35

Andaman and Nicobar Islands

26

27

5%

36

Telangana

4,166

4,242

2%

37

Andhra Pradesh

2,685

3,174

18%

38

Ladakh

14

23

72%

97

Other Territory

122

149

22%

99

Centre Jurisdiction

141

170

20%

 

Total

91,870

1,01,983

11%

 


Income Tax Settlement _ MM Tax Club

CBIC issued circular w.r.t. changes in the Customs Act, 1962 vide Sections 86, 87, 88 and 94 of the Finance Act, 2022

Changes in the Customs Act, 1962 vide Sections 86, 87, 88 and 94 of the Finance Act, 2022 (enacted on 30.03.2022) and notifications related thereto with reference to appointment of officers of customs and assignment of functions - reg.

Kind reference is invited to the above subject.

2. Changes have been made in sub-section (34) of section 2 of the Customs Act, more classes of officers of customs have been specified in section 3, new sub-sections (1A), (1B), (4) and (5) inserted under Section 5, and a new section 110AA inserted relating to action subsequent to inquiry, investigation or audit which applies in specified situations. For reference purposes, extract from the Memorandum explaining the provisions in the Finance Bill, 2022, is reproduced below:

Amendments in the Customs Act, 1962

Extract from Explanatory Memorandum

2(34)

This section is being modified to specifically state that assignment of functions to an officer of Customs by the Board or the Principal Commissioner of Customs or the Commissioner of Customs shall be done under the newly inserted sub-sections (1A) and (1B) of Section 5 of the Customs Act,1962.

3

Being amended to specifically include the officers of DRI, Audit and Preventive formation in the class of Officers. This amendment has been made to remove any ambiguity as regards the class of officers of Customs.

5 (1A) & 5 (1B)

Sub-section (1A) and (1B) have been inserted in section 5 of the Act to explicitly provide power of assignment of function to officers of customs by the Board or as the case may be, by the Principal Commissioner of Customs or Commissioner of Customs. This amendment has been necessitated to correct the infirmity observed by the Courts in recent judgments that the Act required explicit provision conferring powers for assignment of function to officers of Customs as proper officers for the purposes of the Act, besides the definition clause (34) in section 2 of the Customs Act.

5 (4)

Sub-section (4) to section 5 is being inserted to delineate the criteria which the Board may adopt while imposing limitations or conditions under sub-section (1) or while assigning functions under sub-section (1A) to the officer of Customs. For instance, one of the limitations/conditions that the Board currently imposes on officers of customs is that they are required to operate within a specified territorial jurisdiction. However, with the launch of faceless assessments and other trade facilitation initiatives wherein, for instance, a need is felt for the development of industry-specific expertise in assessments the Board may need to confine jurisdiction to certain goods or class of goods.

5 (5)

Sub-section (5) to section 5 is being inserted to ensure that wherever necessary, for the proper management of work, two or more officers of customs, can concurrently exercise powers and functions (for example in the case of faceless assessment)

110AA

Section 110AA is being inserted with a view to affirm the principle that, wherever, an original function duly exercised by an officer of competent jurisdiction, is the subject matter of a subsequent inquiry, investigation, audit or any other specified purpose by any other officer of customs, then, notwithstanding, such inquiry, investigation, audit or any other purpose, the officer, who originally exercised such jurisdiction shall have the sole authority to exercise jurisdiction for further action like reassessment, adjudications, etc. consequent to the completion of such inquiry, investigation, audit or any other purpose.

 

3. Consequent to enactment of the Finance Act, 2022, following notifications are issued by the Board.

Sr.

Notification No. and date

Purpose in brief

Clarification

1.

21/2022 Cus. (NT) 31.03.2022

To appoint officers at the level of Commissioner of Customs and below till AC/DC for respective area of jurisdiction.

There is no change in the area of jurisdiction.

2.

22/2022 Cus (NT) 31.03.2022

To appoint officers at the level of Commissioner of Customs and below till AC/DC for the purposes of carrying out audit under section 99A of Customs Act.

Commissioner shall assign functions in terms of section 5(1B).

3.

23/2022 Cus. (NT) 31.03.2022

To appoint Commissioner (Adjudication), Delhi and Mumbai for the purposes of adjudicating cases assigned to them by the Board.

The posts of ADG (Adjudication), DRI in Delhi and Mumbai are being redesignated and officers being placed in the area of jurisdiction of Chief Commissioner of Customs, Delhi and Mumbai, respectively.

4

24/2022 Cus. (NT) 31.03.2022

To appoint officers at the level of Chief Commissioner of Customs for the areas falling within the jurisdiction of specified Commissioners.

There is no change in the area of jurisdiction except as specified at sr.3 above.

5.

25/2022 Cus. (NT) 31.03.2022

To appoint officers at the level Principal Director General and below till AD/DD of Revenue Intelligence.

The jurisdiction is all over India.

6.

6/2022 Cus. (NT) 31.03.2022

To assign functions under various sections of Customs Act to various officers of customs.

Commissioner level officer shall assign function in terms of section 5 (1B).

7.

27/2022 Cus. (NT)  31.03.2022

To appoint officers and assign functions relating to Faceless Assessment

Circular / Instruction issued relating to Faceless Assessment continue.

8.

28/2022 Cus. (NT) dt 31.03.2022

For assigning proper officer in case of multiple jurisdictions in terms of section 110AA of Customs Act.

Such proper officers have been invested with enabling powers including issuing the notice and, unless otherwise specified, adjudication including confiscation.

9.

29/2022 Cus. (NT) 31.03.2022

To specify and assign adjudication functions for disposal of pending notices

This is specified in light of Section 97 of the Finance Act, 2022.

10

30/2022 Cus. (NT) dt 31.03.2022

To provide for section 124 functions to be performed by certain officers in relation to particular types of cases

A limitation / condition has been specified. Where entry under the Act and assessment is already made, but case falls outside the purview of section 110AA by virtue of there being no differential duty involved, after causing inquiry or investigation the report along with documents would be transferred to the officer specified in the notification for further required action, for the purposes of section 124.

 

4. Previous circulars/instructions stand modified to the above extent. Suitable action(s) should be initiated/taken immediately in the light of above changes/provisions of law, and the Customs Act, 1962. Difficulties, if any in implementation be brought to the notice of Board.

5. Hindi Version follows.

CBDT notified ITR form for AY 22-23