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An indirect tax (such as sales tax, per unit tax, value added tax (VAT), or goods and services tax (GST ), excise, consumption tax, tariff) is a tax collected by an intermediary (such as a retail store) from the person who bears the ultimate economic burden of the tax (such as the consumer).
Changes In Budget 2020 vs 2021 (In Indirect Taxation)
1. Changes In Budget 2020 & 2021
(Indirect Taxation Only)
Javeria Ansari
TY BAF (B)
2. Changes In Indirect Taxation - 2020 Budget
• The person involved/benefited out of fake ITC shall also be liable for a penalty of 100% of the tax
involved.
• Composition scheme restricted to taxpayers making the inter-state supply of service, supplies not
leviable to GST and supplies through e-commerce operator where TCS is deductible.
• The date of the debit note will be standalone considered for availing input tax credit, delinked from
the date of invoice.
• The retrospective effect has been given for transition provisions from 01st July 2017, to nullify the
decision of Gujarat High Court in case of Siddhartha Enterprises.
• Powers provided to notify the form of TDS certificate and late fee (200 per day, maximum of 5,000)
for non-issuance of TDS certificate has been waived off.
• A provision inserted for cancellation of voluntary GST registration for distinct persons.
• Power to condone the delay in applying for revocation of cancellation has been provided to the
additional commissioner and commissioner for a period of 30 days.
• Refund due to Inverted tax prevalent for tobacco products is barred with a retrospective effect from
1st July 2017.
3. • Applicability of 6% CGST rate (total of 12% IGST rate) for the supply of pulley, wheels and products
used in Agri machinery between 1st July 2017 to 31st December 2018.
• Ladakh has been included in the definition of Union Territory. J&K will have its appellate tribunal.
• The law has been amended to extend the imprisonment to the person ‘who causes to commit’ and
‘person retaining the benefit’. Earlier the punishment is restricted to the person committed. This
punishment is restricted to the person fraudulently availing ITC without an eligible invoice.
Accordingly, these offences will be congnizable and non-bailable.
• Supply of fishmeal provided a retrospective GST exemption from 1st July 2017 to 30th September
2019.
• Provision to issue the removal of difficulty order by CBIC extended from earlier three-year limit to
five years w.e.f 1st July 2017.
• Order for determining expense in special audit will not require the Board’s approval.
• Provision to extend the time limit to return the inputs and capital goods from job worker.
• Powers provided to notify the time and manner of issuing an invoice for a specific category of
supplies or services.
• The entry in Schedule II to the CGST Act on ‘Transfer of business assets’ will now exclude transactions
done without consideration from it.
4. Changes In Indirect Taxation – 2021 Budget
- Reduced duty on copper scrap from 5% to 2.5%
- Basic and Special additional excise duty on petrol and high-speed diesel oil (both branded and unbranded) is reduced
- Increased duty on solar inverters from 5% to 20%
- Raised duty on solar lanterns from 5% to 15%
- The basic customs duty on gold and silver reduced.
- The department will rationalise duty on textile, chemicals and other products
- The revised rates will be applicable from 2nd February 2021 onwards.
• Few of the items on which Customs Duty Rates are revised are as follows:
• New tariff items under 2404 11 00 and 2404 19 00 have been inserted in accordance with
upcoming HS 2022 nomenclature. Further, NCCD of 25% is prescribed on these tariff items with
effect from 1st January 2022.
• Agriculture Infrastructure And Development Cess (AIDC) has been newly imposed on petrol and
diesel at Rs.2.5 and Rs.4 per litre respectively.
5. • Regarding agricultural products, the customs duty is increased on cotton, silks, alcohol, etc.
• Exemption of Social Welfare Surcharge on the value of AIDC imposed on gold and silver. Therefore,
these items would attract surcharge at the normal rate, only on value plus basic customs duty.
• The exemption on import of leather will be withdrawn as they are domestically produced.
• A new initiative called ‘Turant Customs’ will be introduced for faceless, paperless, and contactless
customs measures.
• CGST Act was amended for several provisions as follows:
- Section 16 amended to allow taxpayers’ claim of the input tax credit based on GSTR-2A and GSTR-2B.
- Section 50 of the CGST Act is being amended to provide for a retrospective charge of interest on net cash liability with effect
from the 1st July 2017.
- Section 35 and 44 amended: Mandatory requirement of furnishing the GST reconciliation report signed by the specified
professional is relaxed by allowing the filing of annual return on a self-certification basis. The Commissioner can exempt a
class of taxpayers from the requirement of filing the annual return.