Views of BDO India Experts on 52nd GST Council Meeting
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Quote from Karthik Mani, Partner, Indirect Tax, BDO India on uncertainty for supplies to SEZ developers
During the last few days, there was an uncertainty as to whether the supplies can be made to SEZ developers / units on payment of tax with a subsequent claim of refund of such tax, due to language employed by the notifications issued in this regard. The announcement of the GST Council to retrospectively amend the notifications issued to allow the supplies to be made to the SEZ on payment of IGST and claim refund of such tax paid clarifies the issue and grants certainty to the taxpayers.
Quote from Gunjan Prabhakaran, Partner & Leader, Indirect Tax, BDO India on taxability of personal guarantee
By clarifying about the taxability of the personal guarantee provided by the directors and corporate guarantees, the GST Council has addressed an issue which is being faced by a large number of industrial houses. The GST Council also recommended to determine the value of supply as one percent of amount of guarantee, when guarantee is given without consideration by a corporate and nil value, when a guarantee is given by the director without consideration, bringing an end to divergent practices being adopted for valuation. The industry would keenly await the fine print of the circular and the amendment in the law with the hope that these amendments would resolve the issue for the past period as well.
The GST Council’s recommendation to keep ENA, used for manufacture of alcoholic liquor for human consumption, outside GST resolves an important issue for the alcoholic beverage industry, where multiple views were prevalent on this issue and a large number of disputes were ongoing with GST authorities and in some cases, with State VAT authorities as well. The industry would look forward to the amendments which are proposed to be made in the GST law to give effect to this announcement and will hope that the issue is resolved for the past periods as well.
Quote from Payal Thaker, Partner, Indirect Tax, BDO India on the states implementing the law for online gaming
In the press conference after the GST Council meeting, the revenue secretary confirmed that the thirteen States which have not yet passed the amendments to operationalise the amendments made for online gaming would do so in a manner to make it effective from 1 October 2023. This resolves a lingering uncertainty for the industry.
