Page 52 - GSTL_26th March 2020_Vol 34_Part 4
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J148                          GST LAW TIMES                      [ Vol. 34
                                            Adjourned dates for cases shall be notified to the ITAT Bar Association,
                                     which will ensure its wide circulation, the order added.
                                            “There will be no sitting of Benches of the Tribunal including Regional
                                     Benches from 16 March, 2020 to 20 March, 2020. All tours of the Members during
                                     this period stand cancelled. Urgent matters, if found to be appropriate, will be
                                     heard on mention by the Advocate/Representative before the Officer in charge
                                     of the Registry,’’ said a CESTAT notification.
                                            CESTAT President had further ordered that all visitors and staff shall be
                                     screened using the digital infrared thermometer before entering the office, and
                                     hand sanitizers shall be made available at the screening place, in all sections and
                                     in the chambers of all officers.
                                            “Any staff or visitor found to be having any of the symptoms of COVID-
                                     19 shall be returned,” a separate notice added.
                                              [Source : The Economic Times, New Delhi, dated 17-3-2020]

                                     Inverted duties need to be corrected, but not now — Mitra
                                         tells Finance Minister
                                            Arguing against the planned move to correct the inverted duty structure
                                     in 14-3-2020 GST Council meet by hiking tax rates for a few mass-consumption
                                     items produced by employment-intensive sectors, West Bengal Finance Minister
                                     Amit Mitra told Finance Minister Nirmala Sitharaman that such changes could
                                     wait till the economy stabilises.
                                            In an attempt to correct  one type of  error concerning the GST rates,
                                     namely inverted duty structure, the Council might end up causing further down-
                                     turn in job-intensive sectors and the agrarian economy, Mitra cautioned.
                                            Rate hikes for several items, including textiles, footwear, fertilisers, mo-
                                     bile phones, tractors and renewable energy devices, have been recommended by
                                     a Fitment Committee under the GST Council. The  inverted duty structure  de-
                                     notes prevalence of higher taxes on inputs than on finished items. As businesses
                                     cannot use the excess ITC on inputs if their output tax liability is lower, the Gov-
                                     ernment ends up refunding the accumulated credits to them with estimated rev-
                                     enue loss of ` 20,000 crore annually.
                                            Mitra wrote to Sitharaman :  “Markets in India  are facing  a  double
                                     whammy with stagflation on one hand and the looming effects of the Corona-
                                     virus outbreak on the other. The latter is crippling many economies across the
                                     world and is beginning to affect supply chains and consumer spending in India
                                     as well.... May I urge you not to make changes in the rate structure during these
                                     perilous economic times, particularly keeping in mind the interest of the com-
                                     mon people.”
                                            Despite admitting that the inverted duty structure is creating a  set of
                                     problems, Mitra questioned whether the proposal for tax hikes should be acted
                                     upon right now, given that most businesses, especially MSMEs, are in dire
                                     straits.
                                            In fact, Sitharaman herself recently said she would prefer the GST system
                                     to stabilise before  another major  rates  rejig. However, while a comprehensive
                                     overhaul of rates or GST slabs convergence might be deferred to a future rate -
                                     there is a view that aggregate GST rate being lower than the ‘revenue-neutral’
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