Union Budget-2023-24| Amendments in Indirect Tax- GST & Customs

The indirect tax imposed on goods or services forms a significant part of government revenue and it also has a direct impact on inflation as it increases or decreases the cost of products. Therefore, changes in indirect tax form a significant part of the Union budget, and the entire industry keeps a close watch on the same.

First Union Budget of “Amrit Kal” has been a box of plus and minus, wherein the government raised the price of certain products and made some products economical. Further, among multiple GST council meetings, hundreds of notifications, and circulars, the Union budget bought certain changes in Goods and Service tax as well.

Here is a summary of amendments proposed by the Union Budget in GST and customs:

A. Goods and Service Tax (GST)

1. Extension of Composition Scheme to taxpayer selling through e-commerce operator

• As per Section 10(2) and (2A) of CGST Act, a registered person engaged in making supply of goods through e-commerce operators is not entitled to opt for composition scheme.
• Union budget has proposed to extend the facility of composition scheme to such dealers as well.

2. Maximum time limit specified to file GST Returns

• Till date, a registered person is allowed to file pending GST returns (GSTR-1, GSTR-3B, GSTR-9, GSTR-9C or any other GST returns) with applicable interest and penalties without any limit of period.
• Union budget has proposed to impose time limit of 3 years from due date for filing of following returns:
  • GSTR-1: Return of outward supplies
  • GSTR-3B: Return of summary of outward and inward supplies and corresponding tax payable
  • GSTR-9: Annual return
  • GSTR-9C: ITC Reconciliation
  • GSTR-8: TCS Return

• Such a period of 3 years can be further extended by the government.

3. ITC Denied on goods or services procured for Corporate Social Responsibility (CSR)

• Union budget, 2023-24 has proposed to restrict the ITC on goods and services procured for Corporate Social Responsibility.
• However, so far, companies are entitled to take such ITC unless the same is restricted under any other clause.

4. Penalties on e-commerce operators (Section 122 of CGST Act)

• Specific penalty provisions has been incorporated for e-commerce operator if it:
  • Allows supply of goods or services by unregistered person through it, other than persons who are specially exempted, or
  • Allows inter-State supply of goods or services or both by a person who is not eligible to make such supply; or
  • Fails to furnish correct information in TCS return

• Defaulting e-commerce operator shall be liable to pay penalty of higher of following amounts:
  • INR 10,000; or
  • Amount of tax involved

5. Amendments on offenses and Compounding provisions

• Following offenses has been decriminalized under section 132 of CGST Act:
  • obstructs or prevents any officer in the discharge of his duties under this Act;
  • tampers with or destroys any material evidence or documents;
  • fails to supply any information which he is required to supply under this Act

• The minimum and maximum amounts for compounding of offences reduced to 25 per cent and 100 per cent of tax involved, respectively.

6. Other Amendments:

1. It has been clarified that Entry No. 7, High seas sales, and Entry No. 8, supply of goods from bonded warehouses before clearance for home consumption, are effective from 01.07. 2017 itself. Further, no refund shall be granted of tax collected in pursuance of such entries so far.
2. In definition of “online information and database access or retrieval services’ (‘OIDAR’), condition of “essentially automated and involving minimal human intervention” has been removed.
3. Where both supplier and recipients are located in India, place of supply In case of transportation of goods to outside India was “designation of goods”. Such provision has been omitted and now in such case, place of supply will be:
   1. B2B Supplies: Location of Recipient of service
   2. B2C Supplies: Place where goods are handed over for transportation

4. Power granted to prescribe the manner and conditions for computation of interest in case of delayed refunds.
5. Power is granted to the GST portal to share information provided by taxpayers with other systems notified by the Government. Such details to be shared post obtaining consent of supplier/recipient as applicable. 

B. CUSTOMS ACT

Finance Bill, 2023 has provided for increase/decrease in Basic Custom Duty rate of many products resulting in making goods costlier or economicals. Revised rates were made effective from 02.02.2023.

To encourage the ‘Make in India’ campaign and give a boost to domestic manufacturing and enhance exports, the government has proposed changes in the rate of import duties. Some products are made costlier like artificial jewelry, Toys, rubbers, electric chimney etc. and on the contrary tax rate was reduced on some products such as automobiles.

1. Key changes in Tariff Rate (effective from 02.02.2023):

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2. Changes in Basic Customs Duty (to be effective from 02.02.2023):

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