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Govt probes I-T and GST mismatch in crackdown against evader

Govt probes I-T and GST mismatch in crackdown against evader

Back in office, the Modi government is set to take up the next stage of action against tax evasion and money laundering with data analysis helping detect thousands of overstated goods and services tax (GST) claims that don’t match up with income tax returns.

Action against these entities, which might be the first layer of suspicious transactions, is being launched with notices being sent out. The clean-up operation follows the earlier exercise where potential shell companies were scanned and directors were found fake. Many of these companies were struck off the rolls.

This is the first time the government is matching income tax and GST returns and initial findings have pointed to an overstatement of GST claims and understatement of income in tax returns, officials told TOI. The action against such entities might be tough with the Supreme Court recently refusing to protect GST violators from arrest.

Data analytics is seen to be the core focus of the revenue department in the coming months as some of the analysis has also pointed to misreporting on the customs front. For instance, some traders have shown inflated imports, remitted funds overseas beyond the requirement and then claimed exports. But the exports proceeds are not reflected in the income tax returns.

“So far, various tax agencies were working in silos but now it’s possible to tally data and go after evaders,” explained an official, adding that thousands of companies were identified based on preliminary data mapping. With the BJP campaign stressing the government’s action against corruption, the revenue department is picking up threads now that the election is over.

For long, tax authorities have complained of leakages in GST but the political leadership at the state and the Centre wanted more time for the new regime to settle down. With polls over, arrests have begun in several cases, with Manpasand Beverages being a prime example. Recent court rulings have also strengthened the tax department’s case to crack the whip.

One of the most glaring gaps noticed by tax officials is the use of shell companies to make bogus claims. In several cases of fraudulent claims, identity theft was also noticed.

In these cases, a company is set up which gets into non-existent transactions with entities that have virtually no real business or is related to them. Tax officials have come across instances of drivers, gardeners or slum-dwellers being directors of these companies.

Based on these transactions, the companies claim a fraudulent tax credit. But these transactions and income are not reflected in their I-T returns. Authorities have come across cases where slum-dwellers were made to fill up a form to join a delivery service and details such as Aadhaar numbers were collected. This information was then used to open bank accounts and set up companies. Similarly, domestic help and drivers were made to fill up forms, ostensibly to open bank accounts but were made to sign on papers to set up companies. Separately, steps are being taken to strengthen other monitoring tools to plug gaps and prevent GST evasion.


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Source: Times-of-India
I-T dept again defers GST, GAAR reporting in tax audit report till March 2020

I-T dept again defers GST, GAAR reporting in tax audit report till March 2020

The income tax department May 14 deferred for the second time the requirement for companies to include in their tax audit report the details of Goods and Services Tax (GST) and GAAR.

The reporting requirement of these details in income tax audit form has been kept in abeyance till March 31, 2020 — meaning that all income tax audit reports need not include details on GST and General Anti-Avoidance Rules (GAAR) till March 2020.

Business entities having a turnover of more than Rs 1 crore (or Rs 2 crore if they have opted for presumptive taxation) and professionals with gross receipts of more than Rs 50 lakh have to comply with the tax audit requirements.

The due date for its filing is September 30 and if the taxpayer is covered by transfer pricing provisions, the due date is November 30.

The Central Board of Direct Taxes (CBDT) in an order issued Tuesday, said the Board has received representations that implementation of reporting requirements under clause 30C (pertaining to GAAR) and clause 44 (pertaining to GST compliance) of the Form No 3CD may be deferred further.

“The matter has been examined and it has been decided by the Board that the reporting under clause 30C and clause 44 of the Tax Audit Report shall be kept in abeyance till March 31, 2020,” the CBDT said.

In July 2018, the I-T department had changed the tax audit form – 3CD, seeking details under GST as well as GAAR, which seeks to prevent companies from routing transactions through other countries to avoid taxes. The changes were to come into effect from August 20, 2018.

With stakeholders complaining that the change is onerous and a burden on companies, the CBDT had then deferred the implementation of the change in I-T audit form till March 31, 2019.

With Tuesday’s order, its implementation has been further deferred till March 31, 2020.

Nangia Advisors (Andersen Global) said Managing Partner Rakesh Nangia said: “It is anticipated that there would be a fair and detailed guidance on aspects such as no GAAR certification – an area devoid of precedence and largely characterised by interpretational issues, before the reporting requirement is made operative post March 31, 2020″.

Ashok Maheshwary & Associates LLP Partner Amit Maheshwari said this deferment comes as a relief to the auditors.

“Currently, the requirements are difficult to comply with and the practitioners are not properly prepared. The lack of clarity in these clauses has made it very difficult to comply with,” Maheshwari added.


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Source: Money Control.
Expensive cars, jewellery to become cheaper as TCS to be out of GST working

Expensive cars, jewellery to become cheaper as TCS to be out of GST working

In a relief to buyers of high-value cars and jewellery, the CBIC has said that the TCS amount would be excluded from the value of goods for computing GST liability.

Under the Income Tax Act, tax collection at source (TCS) is levied at 1 per cent on purchase of motor vehicles above Rs 10 lakh, jewellery exceeding Rs 5 lakh and bullion over Rs 2 lakh. TCS is also levied on other purchases at different rates.

The Central Board of Indirect Taxes and Customs (CBIC) in a circular said that the TCS amount would be excluded from the value of goods while computing the Goods and Services Tax (GST) liability.

Earlier in December, the CBIC had said that the TCS amount would also be included while ascertaining the GST liability on goods on which TCS is applicable under the I-T Act.

In view of the representations received from various stakeholders and after consultation with the Central Board of Direct Taxes (CBDT), the CBIC has decided to exclude the TCS amount paid while valuing the goods for the purpose to levy GST.

The CBDT has clarified that TCS is not a tax on goods but an interim levy on the possible “income” arising from the sale of goods by the buyer and to be adjusted against the final income-tax liability.

“For the purpose of determination of value of supply under GST, Tax collected at source (TCS) under the provisions of the Income Tax Act, 1961 would not be includible as it is an interim levy not having the character of tax,” the CBIC said.

EY India Tax Partner Abhishek Jain said: “This clarification comes as quite a relief for businesses specifically the automotive sector. While most industry players already believed that GST should not be levied on the Income tax TCS component, given the otherwise clarification by the Government, they were quite apprehensive of litigation on this aspect”.

AMRG & Associates Partner Rajat Mohan said the erstwhile circular issued by the CBIC unnecessary complicated the mechanism of calculating GST where TCS Income tax was also collected by the supplier.

“Recent corrigendum of CBIC eased the calculation process by breaking the circular referencing which would also result in marginally rationalising the tax payments (GST and income tax both),” Mohan said.


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Source: Business-Standard.
Cheering numbers: GST imparts a big push to Income Tax base

Cheering numbers: GST imparts a big push to Income Tax base

A spectacular 53% increase in the number of income-tax returns filed electronically till July 31 has given the government renewed hope of continued high-paced growth in compliance and taxpayer base, even 21 months after demonetisation. Cheering numbers: GST imparts a big push to Income Tax baseThe goods and services tax (GST), launched in July 2017, seems to have contributed to the government’s project to expand the I-T base to a much higher degree than the note ban itself. According to official data, e-returns of 3.43 crore were filed between April 1 and July 31, 2018, compared with 2.24 crore in the year-ago period. Last year saw one of the sharpest increases (28%) in total I-T returns — electronic and otherwise — to 6.74 crore (returns mostly pertaining to 2016-17, the demonetisation year) although the growth in e-returns by the initial deadline of July 31 was a just 18%.

The effective assessees rose an unprecedented 27.5% to 8 crore in 2016-17 and direct tax buoyancy rose sharply from 0.6 in 2015-16 to 1.3 in 2016-17 and 1.9 in 2017-18. While all these bear out the how the note ban helped expand the tax base, the latest spurt in e-returns indicate the trend is not only being sustained but accelerated. In the last week of July, the government extended the deadline for filing I-T returns by a month to August 31 after a section of taxpayers and tax practitioners sought more time to comprehend the changes made in return forms. Economic Survey 2017-18 had noted that the total number of “new taxpayers” in the 13 months since demonetisation (November 2016-November 2017) were 10.1 million compared with an average of 6.2 million in the preceding six years.

It estimated additional taxpayers of about 1.8 million due to demonetisation-cum-GST, roughly 3% of the taxpayer base that existed before. The I-T department in its central action plan for the current fiscal has set a target of adding 1.25 “new taxpayers” (those haven’t paid/filed taxes earlier). While the effective assesseee base (filers and TDS cases) expanded by a whopping 1.7 crore in 2016-17, the surge in e-returns has brightened the chances of a similar or higher rise in the base for 2017-18.

The 2018-19 budget estimate for growth in direct tax collections is 14% over the previous year when the collections were Rs 10.05 lakh crore. In the April-June quarter, a sum of Rs 1.52 lakh crore was collected, a growth of just 7.7% over the year-ago period.

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Source :  Financial Express
Income Tax department seeks GST and GAAR details in new audit form

Income Tax department seeks GST and GAAR details in new audit form

The Income Tax department has changed a form in the tax audit report, seeking details of the goods and services tax (GST), the general anti-avoidance rules (GAAR) and secondary Income Tax department seeks GST and GAAR details in new audit formadjustments in transfer pricing from companies and professionals.

The form — 3CD — has to be filled by all auditable companies and professionals. In other words, companies whose turnover is above Rs 10 million and professionals whose gross receipts are over Rs 5 million a year have to file this form in audit report as annexure.

The changes, which will come into effect from August 20, will also capture specific financial transactions, deemed dividend, country-by-country reporting (CbCr).

At present, companies that are not subjected to tax audits are required to furnish GST details.

With these changes, these details will be extended to tax audit cases as well. The I-T department wants to mine GST data to see if there is any evasion of direct taxes.

The form seeks a break-up of total expenditure of entities registered or not registered under the GST. The form also has a column to know whether the assessee has entered an impermissible avoidance arrangement.

Frank Dsouza, partner at PwC India, said, “Whereas most of the changes sought in the form appear to be logically driven by the recent changes in law, the one relating to GAAR is interesting in so as much that it requires the auditor to call out impermissible arrangements.”

He said this will place additional onus on the auditor, especially in an area devoid of precedence and largely characterised by interpretation issues.

The provisions of GAAR, under which the tax department gets the right to scrutinise transactions if they believe that they are structured for the purpose of avoiding taxes, came into effect from April 1, 2017 after much delay.

Prateek Agarwal, partner at Nangia Advisors, said with these additional inclusions, the scope of tax audits has significantly increased and requires various additional procedures.

A tax auditor needs to understand the applicability of these procedures on the respective assesses, and make adequate plans for performing the required procedures in advance and also exercise due professional experience before reporting on these additional requirements, he said.

“We also expect that Institute of Chartered Accountants of India will also issue the guidance on performing the procedures on these additional requirements very soon,” Agarwal said.

Increasing Ambit

– The form – 3CD – has to be filled by all auditable companies and professionals – Firms with turnover of above Rs 10 million and professionals having gross receipts of over Rs 5 million per annum have to file this form – The changes will capture country-by-country reporting, specific financial transactions, deemed dividend

Source :  Business Standard
Centre promises to refund textile GST dues in 20 days

Centre promises to refund textile GST dues in 20 days

 The Centre has promised to refund the entire pending claims of textile exporters under GST and IGST (Integrated GST) in 15-20 days.

In a meeting held recently with the Textile Export Promotion Council (Texprocil) Centre promises to refund textile GST dues in 20 daysand other associations, Union Finance Minister Piyush Goyal agreed to clear the dues arising out of ROSL (Refund of State Levies) of textile exporters in 15 days by providing the required funds. He also said all pending claims under GST and IGST will be refunded in 15-20 days.

Further, Goyal promised to consider the Pillai committee recommendations on duty drawback and examine issues of embedded taxes for all textile products.

Review of ROSL rates

The Centre will review ROSL rates for made-ups and look at alternative export promotion schemes in consultation with the Commerce Ministry, said Texprocil Chairman Ujwal R Lahoti in a statement on Tuesday.

Speaking at the meeting, which was also attended by Textile Minister Smriti Irani, Lahoti said cotton textiles exports, which rose 7 per cent to $11 billion last fiscal, can touch $20 billion in five years if the Centre supports the sector. This could include policy measures such as refund of embedded taxes as recognised by the Economic Survey 2017-18, extension of ROSL scheme (which refunds State levies such as VAT on fuel used in transportation and generation of captive power, mandi tax, duty on electricity and stamp duties on export documents), as well as speedy refund of GST, IGST claims.

India is blessed with an end-to-end textile value chain, Lahoti said, adding that a holistic and integrated approach is needed to ensure all the segments in the value chain, such as yarn, fabrics and made-ups, get the tax benefits.

“By ensuring an integrated approach, India can increase its share in world trade in cotton textiles from the present 10 per cent to 15 per cent in five years. This will, in turn, spur higher investments and employment generation,” he added.

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Source: The Hindu Business Line
Demonetisation, GST led to formalisation of economy: FM Arun Jaitley

Demonetisation, GST led to formalisation of economy: FM Arun Jaitley

Goods and Services Tax (GST) led to the higher formalization of the economy resulting in higher direct tax revenueArun Jaitley : GST and a greater number of income tax return filings, finance minister Arun Jaitley said on Tuesday.

“The impact of demonetisation and GST implementation has resulted in the higher formalisation of an economy. This is further substantiated by the filing of more than one crore (new) income tax returns by taxpayers during FY 2017-18 in comparison to FY 2016-17,” Jaitley tweeted.

According to the data released by the Finance Ministry on Monday, 6.84 crore returns were filed during 2017-18, significantly higher than 5.43 crore filed in the previous fiscal.

Arun jaitley twitter

“Direct tax collections for FY 17-18 has been Rs 10,02,607 crore (18 % higher than the previous year),” Arun Jaitley added.

“The data reveals the efficiency of the tax department and a rise in the number of honest taxpayers. This historical revenue receipt is a factual testimony of accountable governance under Prime Minister Narendra Modi,” he said.

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Direct tax collections surge, courtesy the biggest indirect tax reform — GST

Direct tax collections surge, courtesy the biggest indirect tax reform — GST

GST: direct tax collection

The government’s direct tax collection for the April-February period of the current financial year surged by 19.5% on-year to Rs 7.44 lakh crore, helped by buoyant corporate tax collections which rose more than personal income tax. However, one of the reasons behind the buoyancy in the direct corporate tax collections is India’s biggest indirect tax reform — GST (Goods and Services Tax).

According to latest government data, between April 2017 and February 2018, the net corporate tax collections surged 19.7% while the personal income tax collection swelled by 18.6%. While some of the growth in tax collections may be attributed to the growth in economy and rising compliance, it is also as a result of implementation of GST.

GST might have played a big role in the direct tax collection by putting a check on tax evasion, Naveen Wadhwa, DGM, Taxmann, said. “GST registration is integrated with Income-tax PAN and it has impacted the modus-operandi in which a business transaction is carried out. Such linking of PAN with Goods &  Services Tax has significantly stopped the tax evasion which, in turn, might have boosted the direct tax revenue collections,” Naveen Wadhwa said.

Earlier, Finance Minister Arun Jaitley too had alluded to the ripple effect of GST on growing the direct corporate tax collections. At a post-Budget event earlier this year, Arun Jaitley said that there is a curious relationship between the GST and direct tax. According to Finance Ministry’s observation, a lot of businesses have become a part of the formal economic system under GST, which has led to an impact on direct corporate taxes as well.

Also Read: 26th GST Council meeting likely on March 10; focus on simplification of return filing process

Moreover, massive rate rationalisation under the GST in past few months also led to an increase in the profitability of some companies, thus, increasing the amount of corporate tax. “… as the rationalisation happened in that (October-December) quarter, the corporate tax which was lagging behind suddenly moved up,” Arun Jaitley had said.

Meanwhile, few other factors helped too. The growth rate of direct tax collection “may be attributed not only to the economic growth but also the improving tax compliance and the rigorous collection approach adopted by the revenue department”, Gopal Bohra, Partner, NA Shah Associates said.

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Source: Financial Express
Direct tax collection rises 18.2% in April-December: Govt

Direct tax collection rises 18.2% in April-December: Govt

Direct tax collection- GST

The government on Tuesday said that the direct tax collections has jumped by 18.2 per cent during the first nine months of current fiscal at Rs 6.56 lakh crore. Direct taxes are made up of income tax paid by individuals, wealth tax and corporation tax paid by companies.

The Finance Ministry on Tuesday put out a statement saying: “The provisional figures of Direct Tax collections up to December, 2017 show that net collections are at Rs. 6.56 lakh crore which is 18.2 per cent higher than the net collections for the corresponding period of last year.” The net direct tax collections represent 67 per cent of the total budget estimates of direct taxes for FY2017-18 (Rs 9.8 lakh crore), the statement said.

The gross collections have increased by 12.6 per cent to Rs. 7.68 lakh crore during April to December, 2017. And in the same period, the government issued a refund of Rs 1.12 lakh crore. According to the Finance Ministry, the collection of advance tax has also gone up.

“An amount of Rs 3.18 lakh crore has been received as Advance Tax up to December 2017, reflecting a growth of 12.7 per cent over the Advance Tax payments of the corresponding period of last year,” the Ministry said.

While the country’s direct tax collection has seen rise, the indirect tax collection has been on decline for the last two months. Last year in December, the government released the indirect tax collection data for November.

In November, the GST revenue stood at Rs 80,808 crore, down from over Rs 83,000 crore in the previous month. Even in October, the tax collections were not in expected line. The GST for October had slipped by almost 10 per cent to Rs 83,346 crore as compared to Rs 92,150 crore in September.

Last year in July, India overhauled its taxation system by introducing GST for indirect tax collections. The first month revenue under GST was over Rs 95,000 crore, however, in August the figure came down to Rs 91,000 crore. Decline in GST collections could be attributed to multiple factors such as compliance and tax rate adjustments.

In November, the GST Council brought down the taxes on over 200 goods by 10 per cent. As many as 178 items of daily use were shifted from the highest tax bracket of 28 per cent to 18 per cent. Reports suggest that the GST Council is expected to meet on January 11 to deliberate on latest downward trend in revenue collection.


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Source :  Business Today
Indirect taxes collection could fall short of target due to GST

Indirect taxes collection could fall short of target due to GST

GST-Penalty-and-Fine

Indirect taxes collection by the government may fall short of the target during the current financial year due to disruption caused by the GST rollout, Central Board of Excise and Customs (CBEC) chairperson Vanaja Sarna said on Sunday. For the fiscal year ending March 2018, the government had fixed a target of Rs 9.68 lakh crore for revenue collections from customs and goods and service tax. However, the CBEC chairperson said there was no plan to revise the revenue collection target for the year. The CBEC is the apex body for the administration of indirect taxes and forms part of the revenue department of the Ministry of Finance. The revenue collection target from customs and GST, which put together is Rs 9.68 lakh crore for the current fiscal, seems difficult for the department to achieve at the moment, keeping in view the recent GST rollout, the CBEC chairperson said in Mumbai.

Also Read: GST Council may fix single tax rate for similar product categories

She was talking informally to journalists on the sidelines of the half marathon organised by the customs department. Finance Minister Arun Jaitley also attended the event. However, Sarna said the government has made it clear that it has no plans to revise the target. Rather, it will wait for the GST rollout to settle down over the next five to six months. Goods & Service Tax was rolled out on July 1 Moreover, the department will not penalise traders for any default on tax payment at the moment, she said. Customs has done well but we have to wait till the GST rollout settles down, she added. In reply to a query, Sarna said close to Rs 200 crore has been disbursed by the department in the form of refunds to exporters so far. Right now, she said, the department wants to be a facilitator for the GST implementation. It is not our job to penalise traders at the moment. This is despite the fact that our intelligence officials are constantly keeping a close watch on the entire development related to goods and service tax, she added.


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Source:  Business Today