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Anumber of questions on the GST remain unanswered even today. To what extent are the states on board? Have any month-wise targets been fixed? Where is the roadmap? Further , some provisions in the 122nd Constitution Amendment Bill, as introduced by the NDA government, as well as the suggestions by states, will defeat the very purpose of the GST.
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The main aim of bringing in the GST was to broaden the base, lower the tax rate and remove the cascading effects of taxes on inputs. But the additional one per cent tax proposed in the Bill as well as the high revenue neutral rate (RNR) of 27 per cent that is being considered will be a disaster. The one per cent tax will lead to cascading effects , the high RNR will encourage tax evasion and reduce compliance, and more exemptions will narrow the base and increase the tax rate.
The Bill has brought out fundamental differences from the 115th Amendment Bill of the UPA. In the proposed GST Council, the Centre will have one-third voting power and the states together will have two-third voting power. For any proposal to be cleared by the council it has to get 75 per cent of the vote. This means anyone who has greater than 25 per cent vote can block any measure. Without the Centre鈥檚 approval nothing can be cleared in the council. While the UPA amendment sought consensus, the NDA amendment brought in contradictions and confusion. While the UPA measure provided for a grievance redressal mechanism, the NDA has done away with such an objective and transparent measure.
The UPA鈥檚 Bill allowed the states to tax entry of goods into a local area for use or sale only to extent levied by a panchayat or municipality. This provision has been deleted in the NDA鈥檚 Bill. The NDA鈥檚 approach negates the spirit of the third tier of decentralised democracy. Also , the 122nd Amendment does away with the philosophy of cooperative federalism. This may create problems for the state governments of regional parties and silence the minority in a democratic polity.
A close examination of the 122nd Bill shows that the structure envisaged is far from being flawless. The Bill provides only a minimalist framework for the levy. The details of the structure and operation of the tax, including the exemptions, rate structure and thresholds will be determined through negotiations in the GST Council.
In this context, three issues must be noted. First, given the nature of Indian polity , there is no incentive to the states to correct the defects implicit in the proposed GST. The inter-state sales tax is proposed to be withdrawn only when the GST Council decides so and given that every state gets some money from inter-state trade there is no consistency for abolishing it. Similarly, there will be no incentive to rationalise the taxes on petroleum products. Second, it would be too ambitious to presume that all the issues relating to the structure and operation of the tax can be accomplished by April 2016. If indeed, they should be, the Empowered Committee will have to come up with a detailed action plan with month-wise targets and monitor the implementation mechanism. Finally , while the GST is an important reform, it is unlikely to be flawless and therefore, will not be a game changer. We should see this as a process, the next stage of reform and continue to improve it upon over time.
During the next 11 months, the Constitutional Amendment Bill will have to be passed by Parliament. At least 50 per cent of state legislatures must pass this Bill. Then after the President鈥檚 assent , it becomes part of Constitution. After this, the Centre and states will have to pass the GST legislations. Rules will have to be framed. It is a huge challenge to implement the GST by April 2016. The NDA, with the half-baked GST and dumping the DTC, has committed a historical blunder.
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