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Explains Budget 2024 And GST Outlook | NDTV Profit
NDTV Profit
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2/2/2024
#CBIC chairman Sanjay Agarwal explains what ISD being mandatory means for companies, CBIC's outlook on #GST collection and more.
Watch him in conversation with Janani Janarthanan.
For the latest news and updates, visit: ndtvprofit.com
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00:00
[MUSIC PLAYING]
00:03
Hello and welcome.
00:14
You're watching NDTV Profit.
00:16
And this is part of our series, Budget 2024, The Takeoff.
00:20
We're here post the interim budget,
00:22
talking to one of the important people with respect
00:24
to the revenue parts of the thing, the CBIC chairman, Mr.
00:28
Sanjay Kumar Agarwal.
00:29
Very many thanks for joining us today, sir.
00:32
It started on, one might say, a bit of a disappointment.
00:35
There were no big tax changes, direct or indirect tax changes.
00:39
But there have been a few notable additions
00:41
in the finance bill, which I want to come to first,
00:44
one being the ISD becoming mandatory.
00:48
Now, can you help break it down for our audience what that
00:50
exactly means and what it will entail?
00:53
This input service distributor, basically,
00:57
they can be big companies, which may have their presence
01:01
in several states.
01:02
The ones they have presence in several states,
01:05
they are treated as distinct persons in those states.
01:09
So when they obtain some input services,
01:12
and that may be built to their headquarters, head office.
01:16
But the services used by their branch offices
01:20
or their establishment in other states.
01:22
So there, earlier, there was no mandatory provision
01:26
for distribution of the input tax credit taken by them
01:29
to their branch offices.
01:31
So now, in the budget, as per the recommendation of GST
01:34
Council, amendment has been carried out in the GST law
01:39
to make it mandatory for them to distribute it
01:41
to their branch offices in the proportion
01:43
it is used in those offices.
01:45
OK, so this follows the GST Council approval
01:48
that has already been given in a previous meeting.
01:51
Coming to the penalty levy that has
01:52
been notified for the non-registration of packing
01:56
machines used in the tobacco industry,
01:59
why now is this also following a previously approved GST Council
02:03
thing, just to get the significance of it?
02:05
Yeah.
02:07
Group of ministers committee was set up
02:10
to look into the tobacco sector issues.
02:12
And one of the recommendations made by them
02:15
was registration of the packing machines on the common portal.
02:20
So accordingly, regulations have been
02:23
notified for registration of these packing packaging
02:26
machines.
02:27
Now, another section has been inserted in GST law.
02:32
That is section 122(a).
02:34
And in case they fail to register
02:36
the machine on common portal, now
02:38
the provision has been made for imposition of penalty
02:41
of rupees one lakh per machine.
02:43
And the machine can be seized and subsequently confiscated.
02:47
And is there a timeline by which this registration
02:49
has to be completed?
02:51
This registration has to be completed
02:53
as soon as the machine is installed in the factory.
02:55
As soon as it is installed.
02:57
OK.
02:58
So and another thing of--
03:00
I want to come to the figures now, the collections.
03:02
We've had a wonderful year for GST collections,
03:04
very steady growth that we're seeing.
03:06
And in her speech, the budget speech,
03:08
the finance minister also mentioned
03:09
about how it's a steady 1.66 lakh crore every month.
03:14
Coming on that, is there a figure perhaps
03:17
for FY25, the average collection that you're expecting,
03:20
considering that the revenue growth has been very good?
03:23
I would like to mention that in the current financial year,
03:27
the GST collections are very robust.
03:30
There is a very healthy growth.
03:31
And in three months, the GST collection,
03:34
gross GST collection figure has crossed the mark
03:36
of rupees 1.7 lakh.
03:38
And in the month of January, it was 1.74 lakh crores.
03:43
That is the second highest GST collection ever.
03:47
So that gives us confidence that this year we'll
03:50
end up with robust GST growth.
03:52
And accordingly, the targets have been fixed
03:54
for next financial year.
03:56
And in this current financial year,
04:00
the average monthly collection of GST is 1.67 lakh.
04:04
So we are expecting it to be something
04:07
like 1.7 lakh crores.
04:09
By the end of this fiscal?
04:12
So that may become a norm in the next fiscal.
04:16
OK, a 1.7 number.
04:18
Wonderful, sir.
04:20
Another one I want to ask about is
04:22
the RE of the custom duties and the union excise.
04:25
We understand that there is one already custom duty cut, which
04:28
is being also reflected in this.
04:30
And also global trade slowdown has impacted, in fact,
04:33
custom duties.
04:34
When we understand the RE, now if you
04:36
look at the FY25 considerations, what is your outlook?
04:40
What are the factors that you have considered?
04:42
Are there any changes other than these factors
04:44
when it comes to that figure that you've said?
04:47
While fixing the BE for FY25, we have
04:52
gone by the collection figures of GST duty
04:55
in the current financial year, taking into account
04:57
that the customs duty collection budget estimate is 2.5%
05:05
over revised estimate of customs duty
05:08
in the current financial year.
05:10
As far as central excise duty is concerned,
05:13
the next year budget estimate is 5% higher
05:16
than the revised estimate for central excise duty collection
05:21
for the current financial year.
05:23
OK, and no new factors considered other than the one?
05:26
While fixing the target for central excise duty
05:29
for next financial year, we have taken into consideration
05:33
the growth in consumption of fuels, petroleum fuels.
05:39
So that has been taken into consideration.
05:41
Accordingly, the target has been fixed
05:43
for the next financial year.
05:45
If I may go a little out of syllabus
05:47
and go into perhaps some of the GST,
05:49
pressing GST concerns that seems to be there.
05:52
One, of course, was the spate of notices that were observed.
05:56
Many of the companies also reported on their exchange
05:59
filings that they have received a tax demand notice.
06:02
Now following this, there was a lot--
06:04
there was addressing saying the government is cognizant of it.
06:07
And you'd also spoken to us about how
06:09
this is happening because of a particular timeline also.
06:11
That was one of the factors to be considered.
06:14
But we saw a circular come out very recently
06:16
of the department informing the field formations
06:19
to excise a little caution.
06:20
One, where is that coming from?
06:22
And now what happens to a lot of these cases, many of them
06:26
they're choosing to litigate.
06:28
What do they look forward to now?
06:29
Yeah, in fact, what happened that there
06:31
were bunching of time limit for issuance of FUQOR notice
06:35
for the financial year '17, '18, '18, '19, and '19, '20.
06:39
And because of the time limit coming to a close,
06:42
notice were to be issued within the time limit for '17, '18.
06:46
And the adjudication was also to be completed.
06:49
That's why you might have noticed a spate of notices
06:52
issued to the taxpayers.
06:54
Maybe many of the notices have been
06:56
issued because mismatches were found in their written filing.
07:00
And other than that also, there may
07:02
be because of a scrutiny or in audit,
07:06
certain infractions have been found.
07:08
And because of that, the notices have been issued.
07:10
But I can tell you that less than 1% taxpayers
07:13
are selected for written scrutiny or for audit.
07:16
So the numbers cannot be very large.
07:20
But on certain sectors, wherever certain contraventions have
07:27
been noticed, and it has been found
07:28
that taxpayers have not paid the tax in accordance
07:31
with the provisions of law, so notices have been issued.
07:34
Some of the sectors have taken it up with us.
07:39
And matters are also under examination.
07:43
Is there maybe a figure that we can get on perhaps
07:45
the total notices or perhaps the number?
07:48
That will be difficult to give because notices
07:51
have been issued by central tax administration
07:53
as well as by state tax administration.
07:55
So it is difficult to give you the figure.
07:58
I understand, sir.
08:00
Another component of online gaming
08:02
is, of course, the new GST rate that was put
08:05
in effect from the 1st of October.
08:07
This was clarified multiple times.
08:09
The industry had some confusion.
08:10
But it was clarified.
08:12
Now, how do we see?
08:13
Are companies compliant with it?
08:15
What has been the reporting trends you've noticed
08:17
from 1st August for this new provision that has been laid,
08:21
GST on online gaming?
08:23
I'm happy to tell you that after these new provisions have come
08:27
into effect from 1st of October, there
08:30
is a robust growth in revenue collection
08:33
from the online gaming companies.
08:35
In fact, it has gone up 400 times.
08:39
OK.
08:40
400%.
08:41
So rather four times the revenue collections have gone up.
08:44
So that means the online gaming companies are doing very well.
08:47
And the GST revenue collection has also
08:51
gone up tremendously from this sector.
08:54
Any range, if not an exact number, any indicative range?
08:59
On an average, previous to these amendments,
09:03
we found that it was something like 370 crores.
09:08
Now it has gone up to 1,850 crores.
09:11
OK.
09:12
So there is a huge jump in revenue collection
09:14
from the online gaming companies.
09:19
Interesting.
09:20
On the last one, and I want to ask this,
09:22
considering GST 2.0, now it has been six years.
09:27
There have been many changes.
09:29
It's an evolving taxation system every year.
09:33
If there is a GST 2.0, as we call it,
09:35
what do you envision in it?
09:37
What is the way forward for GST?
09:39
I can see that when GST was introduced,
09:42
since it was a new tax and it was difficult for everyone
09:48
to understand, and maybe the IT system was also not
09:52
fully ready.
09:53
So the work was in progress, but over a period of time,
09:58
the IT system is very much in place.
10:00
And many policy changes have also taken place.
10:03
And accordingly, written filing process
10:05
has been made sequential.
10:07
That has led to better compliances by taxpayers.
10:11
Apart from that, wherever there was any kind of litigation
10:14
or any clarification was required,
10:17
so their GST council has taken a very proactive stand.
10:21
And in those issues, clarifications
10:23
have been issued to bring uniformity, transparency,
10:27
and to reduce the litigation.
10:30
These clarifications have come very handy.
10:33
And I can also mention that wherever there was a demand,
10:36
like to encourage MSME sector, earlier on e-commerce platform
10:41
they were not allowed unless they take the restriction.
10:44
But now that threshold has been removed
10:48
in case of interest rate sale of goods.
10:51
So these are the steps which have been taken
10:54
to promote the small businesses.
10:56
Apart from that, there has been now a special composition
11:01
scheme for small service providers.
11:03
So all these are very progressive steps
11:06
which have been taken over a period of time, which
11:08
have led to ease of doing business in the country
11:11
and promoting the MSME sector.
11:15
Apart from that, to increase the compliances,
11:20
department is nudging the taxpayers wherever
11:22
mismatches are being found.
11:24
They are being informed by online portal
11:29
so that they can, on their own, they can do the self-check.
11:33
And in case they find that there is anything which
11:36
remains deficient on their part, they can rectify,
11:38
even before the department can point out to them.
11:42
So facilitation, inclusive and including
11:45
MSMEs and other people, and of course, better compliance.
11:48
Can we say this is the thing--
11:50
And apart from that, the threshold
11:52
for issuing e-invoices have gradually been lowered.
11:58
And now it is those who are having
12:00
the turnover of five crores, they
12:02
have to issue the e-invoices.
12:03
And these e-invoices get auto-populated
12:06
in the outward return and in their GST return.
12:11
So that is the way it is being done.
12:13
Technology is being used.
12:15
In fact, the input tax credit, which
12:18
would be available to them, that is getting auto-populated
12:21
from the returns which are being filed by their suppliers.
12:25
So these are the technological advancement
12:27
which have also been taken for making the life easier
12:32
for the taxpayers.
12:34
And on that note, my last question to you
12:36
is really a message for our viewers.
12:39
Yesterday, you had spoken about how the return filing is,
12:41
in fact, increasing.
12:42
And the department is leveraging technology and AI
12:46
to help enhance the experience for the honest taxpayer,
12:49
put them on a level playing field.
12:51
Any message for our viewers to end on that note?
12:54
I would like to convey to the taxpayers
12:58
that wherever they are having any genuine difficulty,
13:02
department is with them.
13:04
And GST Council and the mechanism
13:07
is very conducive for resolving the issues.
13:12
The other thing is that department
13:14
is trying to obtain as much information as possible
13:18
from them in their return filing.
13:20
So that subsequently, no issues have to be faced by them.
13:23
And one thing I would like to inform or convey
13:27
through your channel, that lot of department
13:30
is now having a lot of data and a lot of 360-degree profiling
13:34
of the taxpayer is being done.
13:36
So with that deep data analytics,
13:38
it is very difficult to escape in case somebody
13:42
is trying to hide something.
13:44
So sooner or later, we'll come to the notice
13:46
of the department.
13:47
So it is better to comply rather than to suffer subsequently.
13:52
Comply always.
13:54
On that note, I think, thank you so very much for talking to us.
13:57
Always a pleasure talking to you.
13:59
I hope it's also been just as fruitful for our viewers.
14:02
And on that note, you've been watching NDTV Profit.
14:06
Stay tuned with us on our next exclusive.
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