GST ADMINISTRATION - A SUGGESTIVE SYSTEM
The Union Finance
minister, Sh. Arun Jaitely , his team, GST council and all state Governments
are to be congratulated for resolving most of the issues in the draft SGST and
CGST bills, which have been sent for review by law ministry. The contentious
issue of administrative control can also be brought to a mutually acceptable
consensus. The following may be considered in this regard :
1. The GSTN system
including its creation, up-dating, up-gradation, maintenance and supervision
should be the responsibility of Central Government. This will include entire
network, computer nodes, hardware and software to be used at all levels by all
stakeholders. This can also be available in different regional languages. The
GSTN portal should be so developed so that all stake holders can use the
software to meet all filing and reconcillation need and are not required to
depend on costly hardware or software or technical support.
2. The Ground level VAT
administration including in respect of CST was always with respective State
governments and can continue to be the same way. All existing central
Government revenue officials and their team can be transferred to State
government roles to be submerged administratively and to supervise the junior
levels. The State Government senior officials can also be part of same
designation levels as may be equivalent. Excise duty is an important levy and
supervision of manufacturing sector as specialised experience will also be with
entire team. This could be a system similar to the police department, where IPS
officers administratively report to the State government under same supervision
from the Home ministry.
3. The entire team at
state level should be functionally responsible to Central as well as to State
government. The administrative control can vest with the State. The Central
government can have powers of transfer, promotions of all the Central
Government revenue officials from one state to another and the GST council
can also define their role and responsibility at various levels.
4. The entire cost of the
manpower at the Central and the State government can be shared in an equitable
manner (may be in the ratio of revenue earned).
5. Administrative
Guidelines: The law should clearly define administrative and functional
guidelines for officers and employees at various levels. There should be one
team and not two teams as per law and rules, guidelines and administrative
instructions issued thereunder, as may be amended by GST council from time to
time, should ensure:
- No visit to tax payer or their
premises under any circumstance , except for search duly authorised
electronically not at a level below 2nd level of management
- 100% electronic interface between
department and taxpayer- registration, returns, assessment, review,
rectifications, refund, rebate, amendments, payments, surrender of
registration and grievances handling No inspector or physical inspection
of any kind at the premises neither of taxpayer nor to call for physical
records at the department.
- A Comprehensive GST Audit Report
by Chartered Accountant Tax Audit report under Section 44AB of Income Tax
Act can be included as two separate portion. This will help comprehensive
360° review. Least additional cost to the taxpayer. Reconciliation of GST
returns with the financial statements and comprehensive GST reporting,
duly verified from the books of accounts by the auditors.
- To ensure no Audit is undertaken
by GST officials under any circumstances. In complex or deserving cases
special Audit by Government appointed CAs can be undertaken, fee to be
paid by the Government.
- All returns are to be accepted as
it is. In sample scrutiny cases (1% or less), all questionnaires are to be
sent and responded electronically. Similar to Income tax law, as being
implemented.
6. A Central team can be constituted
by the advice of GST Council to monitor interstate movement of goods and their
proper tracking in GSTN.
7. Regular MIS to all Central and
State governments.
8. Full access to GSTN Network and
information to Central Government, State government and GST Council for
transparency.
9. SGST collection to be managed by
state Government and IGST as well as CGST should be the responsibility of
central treasury, including compensation and reconcilliation.
10.
Compliances, Procedures and reforms to be kept very low initially for ease of
doing business and to meet standard of high integrity. Based on experience,
new/revised mechanism can be brought in place to curb any misuse. The entire
State government GST machinery can be supervised for vigilance, revenue
leakage, corruption and harassment by Central Government appointed CBI,
Department of Revenue Intelligence, Economic Offence wing of State police and
Vigilance Team of State government. The GST council and its secretariat at New
Delhi to work in close coordination with Department of Revenue- Central Board
of Indirect Taxes, Government of India regularly.
0 comments:
Post a Comment