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GST Council to drop natural gas, jet fuel from agenda in next meeting

Mumbai: The Goods and Services Tax (GST) was introduced by the government on July 1 last year. On the implementation of GST, five commodities that is, crude oil, natural gas, petrol, diesel and aviation turbine fuel (ATF) were kept out of its ambit until further amendments.

The all-powerful GST Council is set for a meeting on Saturday, it was expected to discuss on the proposal of bringing natural gas and jet fuel under GST, however, the council has dropped this agenda from the meeting. The Council will consider amendments in GST law in the meeting scheduled on 21st July.

According to a person aware of the matter in the report by Mint, GST Council will consider the demand of bringing natural gas and jet fuel under the GST at an appropriate time. The oil and civil aviation ministry are eager to have natural gas and jet fuel to be taxed under the GST.

On the speculation of loss in revenue to both Centre and state, GST Council is holding back from bringing fuel products under GST. The council is more concerned about reducing the tax rates on handicrafts and forest products that are used by poor.

The Centre needs revenue from GST on petroleum products to fuel its newly introduced public welfare schemes.
Source- www.asianage.com

GST E-Way Bill: A Glitch, A Penalty, And The Truckers’ Strike

Recently, a leading transport and courier company had failed to upload mandatory information (Part B) in the Goods and Services Tax e-way bills at the time of inter-state movement of goods, on account of an alleged technical error on the e-way bill portal.

Due to this, the authorities in Madhya Pradesh initiated penalty proceedings of approximately Rs 1.32 crore against the company – Gati Kintetsu Express Pvt. Ltd., alleging non-compliance with requirements of the e-way bill legislation. Desiring relief against the penalty, the company filed a writ petition with the Madhya Pradesh High Court.
The company pleaded that there was no ill-intention on its part to defy the law and placed reliance on the Division Bench decision of the Allahabad High Court in the case of VSL Alloys (India) Pvt. Ltd. vs. State of U.P. & others. In that case, the petitioner was provided relief from a penalty on the non-filing of Part B of the e-way bill. The Madhya Pradesh High Court dismissed Gati Kintetsu’s writ petition of the company stating that the facts of both cases differ extensively since the distance was within 50 kilometres (which would not require the filing of Part B) for VSL as against 1,200 kilometres in the Gati Kintetsu case.

As a result of the dismissal of the writ petition by the Madhya Pradesh High Court, the All India Motor Transport Congress has initiated an indefinite pan-India transportation strike from July 20, 2018.
That said, in the Allahabad High Court ruling, the assessee was provided relief from the penalty as the distance of goods transport was within 50 kilometres, and there was no ill intention.

While the intent of the introduction of the e-way bill system to curb tax evasion is understandable, and a controlled environment is required, a few things should be considered before levying a heavy penalty.

Whether there was any ill intention of fraud or misstatement by the assessee due to which there could be probable tax evasion.
Whether the assessee has enough reasons for not being able to complete the compliances, such as a technical error of filing the e-way bill on the portal.
Whether non-filing of part B of the e-way bill can be considered merely as a procedural lapse (as part A was filled) and a reduced penalty can be levied.
In a nutshell, where the assessee fails to be compliant with the e-way bill procedure due to technical issues faced on the online portal, the authorities could handle the matter with kid gloves and not impose hefty penal implications on the assessee, irrespective of the distance or value of goods under transportation. What began as technical difficulties on a portal is now a nation-wide strike. It is worth seeing whether the upcoming GST Council meeting addresses this, to stop it from happening again.
Jigar Doshi is an indirect tax partner at SKP Business Consulting LLP.

The views expressed here are those of the author’s and do not necessarily represent the views of Bloomberg Quinn or its editorial team.
Source- www.bloombergquint.com

GST Council likely to cut the tax on 30-40 items across multiple slabs in Saturday meet

The inclusion of natural gas and aviation turbine fuel under the ambit of GST may not be taken up for the time being in the Saturday meet.
Tax rates on 30-40 items across various slabs may be cut, with the GST Council set to approve wide-ranging changes in laws to further simplify the indirect tax system in its next meeting on Saturday.

Items such as sanitary napkins, handlooms, and handicrafts among others, may be brought to a lower tax slab, a source in know of the matter said, adding that the final decision will be taken by the all-powerful GST Council in its 28th meeting in New Delhi.

With more entities coming under the tax net and increasing compliance -  a rate cut on some of these commodities may not have a major impact on the revenue, the source said.

Last week, Finance Minister Piyush Goyal had said that the Council may look at rationalising tax rates on some items on the basis of ‘meritorious reason’ after ensuring right balance with revenue collection.

“GST Council has already reduced rates on 328 items, so you may possibly find some chance (of rate reduction) where there is a meritorious reason. It has to be in balance with revenue consideration,” Goyal had said.

Contrary to the expectations, some goods attracting the highest tax rate of 28 per cent may not immediately get cheaper as the Centre and the states may have to take a substantial hit in terms of their revenue collection.

GST has four broad tax slabs - 5, 12, 18 and 28 per cent - apart from a three per cent tax on gold and other precious stones. Currently, there are only 49 items in the 28 per cent tax slab. Since its implementation from July 1, 2017, the Council has time and again slashed tax rates on several goods and services, with the last round of rate rationalisation in the meeting in January.

Crucial changes in the law are also on the anvil as the Council is expected to approve 46 categories of amendments in GST-related laws, with a broader idea to reduce compliance burden, simplify the indirect tax system and bring more entities under the tax net.

Amendments such as enabling new return filing procedures, the omission of liability to pay tax on the reverse charge, allowing more service providers to opt for composition scheme, changes in input tax credit norms and refund rules, among others have been suggested.

Two reports, on the implementation of 1 per cent additional agriculture cess and on deferring incentives on digital payments will also be submitted by ministerial panels for the Council’s approval.

The inclusion of natural gas and aviation turbine fuel under the ambit of GST may not be taken up for the time being in the Saturday meet.
SOURCE-www.moneycontrol.com
                                                 

                     

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This matter is copied and Posted for the convenience. So that all the other members can study and go through the details.   

Prakash Niddhi Sharma of Meerut has filed a case in the National green tribunal for a blanket ban for all         pyrolysis unit in India for not having relevant licences and not having implemented the 17 point standard       operating procedure (SOP) in their plant. The Telangana association has impleladed in the case and               request all state associations to come forward and impleade in the case to avoid ban of the pyrolysis            units in their state if not impleladed the National green tribunal through  respective state pollution                   department   shall have the power to shut down the units .....

 

NGT notice to Haryana, 21 units in Sonepat :-
Legal Correspondent
New Delhi, September 25


The National Green Tribunal (NGT) has issued notice to the Haryana government and 21 industrial units in and around Ferozpur Banger village in Sonepat district on a petition seeking the closure of polluting units.
The Principal Bench headed by Justice Swatanter Kumar passed the order on the plea by the Ferozpur Welfare Society, contending that the village and its surroundings had become a dumping ground for chemical waste due to the mushrooming of unauthorised factories handling ‘katha,’ dye, pyrolysis oil, tyre ingredients and other hazardous chemicals.
These units were throwing their waste directly into agriculture fields and drains posing serious health problems to the villagers, advocate Preeti Singh pleaded while arguing for the society.
The NGT has also sought response from various departments of the state government such as health, environment and the pollution control board, besides the district administration and the police.
Residents of the area were suffering from various ailments as a result of consuming contaminated water and inhaling polluted air while vegetable and other farm produce in the area had also become poisonous, the society pleaded.
Representations made to the authorities had gone unheeded, forcing the society to approach the NGT, the petitioner said.
Bijendra Ahlawat, TNS
Environment activists move NGT to check damage to Aravallis

Faridabad: Environment activists and their NGOs have filed a petition before the National Green Tribunal (NGT) calling for a check on the alleged damage to the Aravalli forest in Faridabad and Gurgaon districts. They alleged the authorities concerned, including the local and civic agencies of both cities, had failed to safeguard the forest and demanded a ban on all commercial and dumping activities in the Aravalli belt. Jitender Bhadana of Save Aravalli, an NGO working on ecology, said the petition was filed on Tuesday. “The NGT has fixed September 28 as the first date of hearing,” he said. The decision to seek the NGT intervention, Bhadana said, was taken at a meeting of an informal syndicate that was formed recently and comprised social and environmental activists of the region. It demanded implementation of a framework to check what it called “irreversible destruction” of fragile ecosystems triggered due to environment violations at the behest of government agencies. “The Faridabad-Gurgaon and Gurgaon-Delhi roads have not only emerged as a prominent real estate destinations, but also been used to dump harmful waste,” Bhadana said, adding that a 30-acre waste dumping site in Faridabad’s Bandhwari village and the move to set up another recycling plant in the region led to resentment among locals. In the petition, the activists alleged violation of rules and regulations and charged civic bodies of Faridabad and Gurgaon with disposing of waste in the open, resulting in pollution, and posing a threat to plants and wildlife. “All requests and appeals to the authorities concerned, including the state government, pollution control board and Municipal Corporations of Faridabad and Gurgaon, have gone unheard, prompting us to approach the NGT,” the petition stated.

      
Manufacturing Plant,

Detailed Project Report, Profile, Business plan, Industry Trends, Market research, Survey,Manufacturing Process, Machinery, Raw   Materials, Feasibility Study, InvestmentOpportunities, Cost and Revenue Introduction
Rubber is polymer of butadiene and one of the most important chemical ingredients, which is widely used in the different field of   modern advance world. Rubber is specially used in the tyre Industry, which is used in the different type of vehicles. Rubber   products require rubber as a raw material. Either natural rubber,  which is often cultivated on large plantations with all the problems   associated with a monoculture.
Alternatively synthetic rubber, which is produced using crude oil. Both processes use a high amount of resources. At the end of the   chain, mountains of used car tyres crop up on the landscape. These waste sites are taken on by used tyre and rubber recycling   plants nowadays.Waste tyre recycling technology is very cost effective and performs 100% wastage tyre recycling (No churn left   after the process). 


In this process no chemical ingredients are used, therefore it is environment friendly. Raw material (wastage tyre) is cheap and   easily available, Generate economically valuable products out of waste tyres and products have good market value and demand.   Also each recycled ton of tyres preserves 10 tons of carbon dioxide (CO2) that is a major green house gas. 


Some Uses of rubber powder ,Rubber powder has many applications like :Shoes factories, Tyres factories, Rubber connections f   factories, Oil seals factories, Hoses factories and likes. There is a rapid market increase of rubber powder in India. Demand of   rubber powder in India is increased by 5%-8%. There is fair scope of this product.


Presently reclaim rubber is used in the manufacture of tyres, butyl tubes, cycle tyres and tubes, battery containers, tread rubber,   belts and hoses, moulded and extruded products. India ranks third in production and fourth in consumption of natural rubber in the   world. Rubber plantations are spread over 5.9 lakhs hectares in 16 states.
Production of natural rubber is dominated by small holdings (average holding size of 0.5 hectare), which account for 88 percent of t   the production. As a whole it is a good project for entrepreneurs for investment. 

PROJECT AT A GLANCE

PROJECT AT A GLANCE (Rs. in lacs)  COST OF PROJECT MEANS OF FINANCE
Particulars Existing Proposed Total Particulars Existing Proposed Total 
Land & Site Development  Exp. 0.00 35.00 35.00 Capital 0.00 61.46 
Buildings 0.00 38.10 
Plant & Machineries 0.00 116.25 
Motor Vehicles 0.00 6.00 6.00 Reserves & Surplus 0.00 0.00 0.00
Office Automation
Equipments 0.00 21.00 21.00 Cash Subsidy 0.00 0.00 0.00
Technical Knowhow Fees &
Exp. 0.00 7.50 7.50 Internal Cash Accruals 0.00 0.00 0.00
Franchise & Other Deposits 0.00 0.00 0.00
Long/Medium Term
Borrowings 0.00 184.37 184.37
Preliminary& Pre-operative
Exp 0.00 1.50 1.50 
Provision for Contingencies 0.00 11.50 11.50,
Unsecured Loans/Deposits 0.00 0.00 0.00
Margin Money - Working
Capital 0.00 8.98 8.98
TOTAL 0.00 245.83 245.83 TOTAL 0.00 245.

Additional information:- 

Plant capacity    15 mt./day
Land & building (area 5000 sq.mt.) Rs. 5.63 cr.
Plant & machinery    Rs. 2.11 cr.
W.c. for 3 months    Rs. 4.89 cr.
Total capital investment    
Rs. 13.08 cr.
Rate of return    55%
Break even point    36%

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