Page 36 - GSTL_3rd September 2020_Vol 40_Part 1
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J18                           GST LAW TIMES                      [ Vol. 40
                                     “Why  should we differentiate between pre-COVID  and post-COVID? The dis-
                                     cussions went on about compensation and the fund, and these options were pre-
                                     sented at the end of the meeting,” Punjab Finance Minister Manpreet Singh Badal
                                     said, adding that the borrowing would translate into “mortgaging of the future
                                     to live for the present”.
                                            However,  BJP leader  and Bihar Deputy Chief Minister Sushil Kumar
                                     Modi welcomed the options. “Both the proposals are welcome-States will not be
                                     burdened as interest and principal will be paid from the cess fund. States wanted
                                     that borrowing by the Centre would be better, but now even if States have to
                                     borrow, there will be no burden on the exchequer. They don’t have to do repay-
                                     ment or interest payment and hence, State exchequer won’t get burdened,” he
                                     said. According to Sitharaman, the borrowing would be under a special dispen-
                                     sation to be facilitated by the Central Government at G-sec linked rates. The Un-
                                     ion Finance Minister said the ` 97,000 crore option comes with the additional in-
                                     centive of 0.5 per cent relaxation in FRBM for States in the current fiscal. This, she
                                     said, would be freed from conditions announced earlier as part of the pandemic
                                     package linked to the implementation of reform measures such as universalisa-
                                     tion of ‘One Nation One Ration card’, ease of doing business, power distribution
                                     and augmentation of urban local body revenues. The Cess collected after June,
                                     2022, which is the end of  the compensation period as specified in GST-related
                                     laws, would be used for interest payment.
                                            There was some lack of clarity regarding the differentiating features of
                                     the two options, with many States not aware of the pros and cons, and details re-
                                     garding the FRBM clause. No details were released by the Finance Ministry.
                                            After the meeting, Finance Secretary Ajay Bhushan Pandey said that in
                                     the absence  of the pandemic, revenue shortfall due to implementation of GST
                                     alone would be ` 97,000 crore considering the gap between States’ protected rev-
                                     enue growth of 14 per cent year-on-year and GST mop-up growth in a normal
                                     year at a 10 per cent nominal GDP growth. He said that ` 2.35 lakh crore is the
                                     expected shortfall in States’ entitlement due largely to  the pandemic-induced
                                     economic slowdown and GST implementation issues. The gap between protected
                                     revenue and States’ GST earning this fiscal is expected to be ` 3 lakh crore, a part
                                     of which would be met with ` 65,000 crore of estimated Cess collection, leaving a
                                     gap of ` 2.35 lakh crore at the end of the year. “One of the options for bridging
                                     the gap given by the Attorney General was to extend the compensation cess levy
                                     beyond five years to meet the shortfall suffered during this five year-period be-
                                     tween July, 2017 and June, 2022,” Pandey said.
                                            Even if States choose the first option, their compensation entitlement for
                                     the next year would be protected but paid from the Cess collected after the five
                                     years of GST have lapsed. The borrowing plan is valid for this year only and the
                                     Council would review the revenue position next fiscal to decide on payment.
                                            “We shall facilitate talking to the reserve bank and getting it at a G-sec
                                     linked  (proportionate number of  years)  rate for  all  States so that each  State
                                     doesn’t have to go running for the loan and face different situations,” Sitharaman
                                     said.
                                            She said the Centre will facilitate the process so that all States can avail
                                     loans at roughly the same interest rate.
                                              [Based on The Indian Express, New Delhi, dated 28-8-2020]

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