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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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Transcript
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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