Page 15 - Plastics News July 2020
P. 15

The Impact on GST, Income Tax & Customs Due to COVID-19


























         With the onslaught of the COVID – 19 pandemic, trade         Income tax
         and industry has taken a major hit, resulting in overall     Ÿ Vivad  se  Vishwas  Scheme  (VSV)  –  Dispute
         slowdown  of  the  economy.  The  Government  has              settlement scheme
         announced various measures for providing relief under
                                                                      Ÿ Recent changes in TDS/ TCS provisions
         various laws,  and  GST,  Income Tax  &  Customs are  no
         exception. However, it appears that certain measures of      Ÿ Concessional  tax  rate  for  new  manufacturing
         the Government may have an adverse impact on trade             companies – Section 115bab
         and industry. Also, certain recent decisions/rulings of      Ÿ Concessional tax rate for all existing companies
         the  Courts/AARs/AAARs  having  an  impact  on  the            – Section 115baa
         industry  have  left  a  vacuum  for  interpretation  and
         understanding."                                              Ÿ Section 80jjaa – Additional deduction towards
                                                                        salary paid to new employees
                                                                    C. Recent  Advance  rulings  and  High  Court
         The  following  points  were  discussed  in  detail  by  the   decisions
         panellists:
                                                                      Ÿ Specific cases on GST rate & classification
            A. Recent issues due to COVID-19
                                                                        w Auto parts [Ch.87 vs. 39]
               GST
                                                                        w PP bags [Ch.63 vs. 39]
               Ÿ Timelines for contractual obligations
                                                                      Ÿ Place  of  supply  for  sale  of  moulds  without
               Ÿ Renegotiations of ongoing contracts                    movement to buyer
               Ÿ Price revision/discounts                             Ÿ Anti-profiteering: Rate reduced from 28 to 18%
               Ÿ ITC on COVID related additional expenses               in Nov. 2017
               Income tax                                             Ÿ GST on ocean freight on CIF imports
               Ÿ Extension of deadlines for various compliances       Ÿ Misc: E-way Bill issues
                 and filings                                         D. Customs issues
               Ÿ Reduced rate of interest for delayed payment of      Ÿ Classification  issues  –  Chapter  39  versus
                 taxes                                                  Chapters 85 and 87
               Ÿ Reduced TDS rates                                    Ÿ Inverted duty structure coupled with misuse of
            B. Recent developments in GST, Income tax and               FTAs
               Customs law                                            Ÿ Protection to domestic industry
               GST                                                      w Bound  rates  under  the  wto  versus  applied
               Ÿ Amendment in refund provisions                           rates by india
               Ÿ ITC related developments                               w Trade remedies to address unfair trade


            July  2020                                      15                                      Plastics News
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