Outlook Money Outlook Money, July 2018 | Page 34

Cover Story Column Positive Trend, But Work In Progress Bipin Sapra As the GST Council simplifies the tax law, the government needs to address issues of compliance, data correction and refund mechanism T he rollout of goods and services tax (GST), the biggest tax reform in the history of India, is going to reach its one-year mark. Even though the first anniversary represents a milestone of having introduced the most phenomenal indirect tax reform since independence, the implementation part has had its own share of hits and misses. GST is one reform that many countries have struggled with in the past and many continue to still struggle, years after its implementation. On the one hand, we have a country like New Zealand, which introduced GST in 1986 and has since updated the law a number of times, and is an accepted cornerstone of the country’s tax mix and economic growth. On the other hand, Malaysia, where GST was implemented barely three years ago, has scrapped GST from 1 June 2018. Despite having a simplified tax structure, rolling back to the old sales tax regime is a surprising move. At this juncture, taking stock of where India is on the path to success of GST and understanding the issues faced by the industry would be worthwhile. In a country like India, obtaining a broad consensus amongst all the states and implementing GST has been a commendable achievement. This has established the true federal character of the Indian fiscal system. GST has successfully subsumed several state and central indirect taxes such as state VAT, central excise duty, purchase tax, entry tax, service tax and reduced the cascading credit blockage, thereby improving the ease of doing business in the country. According to rating agency Moody’s, India’s GDP growth was expected to slip to 6.7 per cent this year due to the impact of GST and demonetisation, but rather it is forecasted to strengthen to 7.5 per cent next year. With a 50 per cent increase in tax base and India’s Malaysia’s decision to scrap GST last month should not impact India’s achievements 34 Outlook Money July 2018 www.outlookmoney.com landmark achievement in tax collection for March exceeding `1 lakh crore as reported in April 2018, GST is definitely following a positive trend. The challenges faced by the industry in undertaking compliance of GST continues to be a matter of worry. Problems like non-filing of GSTR2 and GSTR3 returns, absence of matching of credits, delayed reflection of updated data as well as payments, and the lack of provisions to modify or revise errors, pose major challenges to businesses. It will be some time before GSTN, the compliance portal, achieves its full capability. The new tax system is still a work in progress and the GST Council continues to work towards simplifying the law and compliance processes, a new mechanism of filing returns and taking credits is being designed and there are number of provisions like TCS and TDS, where there is uncertainty as to whether and when they will become effective. The refund mechanism for exporters of goods and services is still facing a lot of glitches, though both the Centre and the states have strived to provide utmost support to process the exporters’ refunds. The extreme step taken by Malaysia to scrap its goods and services tax should not impact India’s achievement of implementing it after years of wait. The structure of GST law in the two countries and their respective economic conditions are very different. As with all new regimes and legislation, there remain certain areas of uncertainty in the GST regime and the same need to be addressed by the government. It is advisable for the government to remove all technical glitches and hurdles faced by businesses in relation to compliance or refunds. To summarise, introduction of GST by the Indian government is a welcome step in the right direction for all stakeholders as it will give impetus to the country’s economy in the long run. However, given the magnitude and diversity of this change, it may be sometime before the law and processes settle down. The author is Tax Partner, EY India