GST Council to discuss model laws, tax jurisdiction on Friday

The finalisation of these laws by the GST Council will pave the way for their introduction in the ongoing winter session of Parliament


A file photo of the GST Council meeting in New Delhi. Photo: Mint
A file photo of the GST Council meeting in New Delhi. Photo: Mint

New Delhi: The all-powerful goods and services tax (GST) Council at its two-day meeting beginning on Friday will dwell on the issue of jurisdiction over assessees and draft model laws for implementation of the new GST regime from April next year. The GST Council, which has union finance minister and state representatives as members, will finalise the model goods and services tax (GST) law, Integrated GST (IGST) law and compensation law at their meeting on Friday.

The finalisation of these laws, on which the Centre had last week invited public comments, by the Council will pave the way for their introduction in the ongoing winter session of Parliament, which ends on 16 December. The council is also likely to take up the vexed issue of cross empowerment of states and the Centre to avoid dual control— an issue which has remained a contentious one during the previous two GST Council meetings.

Also Read: GST: Supporting legislation

Finance minister Arun Jaitley had called for an informal meeting with his state counterparts on 20 November to thrash out a political solution, but the meet failed to arrive at a common ground on how the Centre and states will control assessees under the new regime that will subsume an array of taxes such as excise duty and service tax as well as value added tax (VAT).

With states unrelenting on their position of being given right to control all assessees with up to Rs1.5 crore annual turnover, it was decided that officials will meet and work out a possible arithmetic for addressing the issue.

Also Read: Time is not right for GST rollout: Amit Mitra

States like West Bengal, Kerala, Uttarakhand, Uttar Pradesh and Tamil Nadu have insisted on exclusive control over small taxpayers, who earn less than Rs1.5 crore in annual revenue, for both goods and services.

The government hopes to implement GST from 1 April next year and for that to happen, the supporting legislations have to be ratified by Parliament in the ongoing session. Jaitley had last month stated that the proposed GST needs to be rolled out by 16 September 2017 before the validity of the Constitutional Amendment brought in by Centre and ratified by states expires. At its last meeting, the Council agreed on a four-slab structure—5, 12, 18 and 28%— along with a cess on luxury and ‘sin’ goods such as tobacco.

The GST compensation law provides that states will receive provisional compensation from the Centre for loss of revenue from implementation of GST every quarter, but the final annual number will be decided after an audit carried out by CAG.

The compensation will be met through levy of a cess called ‘GST Compensation Cess’ on luxury items and sin goods like tobacco for the first five years. A fund of Rs50,000 crore ‘Compensation Fund’ will be created by levying cess on luxury and sin goods.

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