The government has kept its promise of giving a booster dose to the Indian Economy by introducing a Budget, which is supporting its vision of ‘Atmanirbhar Bharat’ as well as incentivising ‘Make in India’ products. The whole lot of changes in rates of customs duties on imports of goods into India and the legislative changes under GST alludes to the unwavering commitment of the government to make India a manufacturing hub while giving a further push to ease of doing business ratings.
Phased withdrawal of concessional rate of customs duty
The concessional rate of customs duty on import of capital goods is proposed to be withdrawn in a phased manner. The Project Import Scheme providing concessional rates on specified projects will be available up till 10 September, 2022. If the contracts are registered with the customs officer till 30 September, 2022, then the imports can be affected at a concessional rate till 30 September 2023. Post-the expiry of the period, Basic Customs Duty will be paid at the rate of 7.5 percent. Further, customs duty exemptions on multiple products are withdrawn.
DRI proceedings limitations to be removed
Limitations to the validity of DRI proceedings and other investigative wings of customs sought to be removed from a retrospective effect. The amendments will address the judgment of the Supreme Court in the case of Canon India Limited, wherein it was held that the officers of the Department of Revenue Intelligence are not the proper officer under the Customs Act to issue notices.
Advance Ruling obtained to be valid for three years
Advance Ruling obtained will now be valid for a period of three years or the change in the law. Earlier, the advance ruling obtained was valid unless there is a change in the law. The taxpayers will now be required to approach the Advance Ruling Authority every three years to review the earlier position provided by the authority.
Automation of various compliances to be undertaken under Import of Goods at Concessional Rate of Duty (‘IGCR’) regulations is a welcome step and will definitely ease the compliance burden on the industry.
BCD on non-blended fuels hiked
Basic Excise Duty on non-blended fuels (ethanol/methanol blended petrol and bio-diesel blended high-speed diesel) is being increased by Rs 2 per litre to be effective from 1 October, 2022. The amendment will promote manufacturing and retail sale of biofuels which will also support the government’s ambition of achieving a target of 20 percent ethanol blending in petrol by 2025.
ITC availment changed
The procedure prescribing the two-way communication for availing of the input tax credit has been deleted and the input tax credit will be available basis of the auto-generated statement in GSTR 2B provided the credit is not restricted. Further, the government can prescribe restriction of input tax credit basis various non-compliances of the vendor. The changes are intended to further strengthen the input tax credit availment system in the companies and reduction of non-compliance. However, the proposed changes would further push the industry to use the technology so as to automate the process of availment / tracking of input credit.
The government has also proposed to increase the time limit for availment of credit and issuance of a credit note to 30 November of the following financial year.
Government can now prescribe the limit towards maximum utilisation of input tax credit for payment of output tax liability. Further, the returns need to be filed sequentially. The return of a particular period will not be allowed to be filed unless all previous returns have been filed.
Another welcome move is that CGST and IGST amounts in the electronic cash ledger can be transferred to other GST registrations of the same taxpayer
The amendments under the Customs legislation will increase the cost of imports; consequently, it is likely to provide a boost to manufacturing within the country. The GST amendments will further make the compliance process robust. Reduction in non-compliance coupled with the boost in the manufacturing sector will further enhance revenue collections.
The writer is Tax Partner, EY India. Views are personal.
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