After GST, Govt proposes new class of top officers

*Anti-profiteering, welfare measures to come up

Sanjeev Pargal

JAMMU, July 14: Following implementation of Goods and Services Tax (GST) in Jammu and Kashmir, the State Government has proposed slew of new initiatives to properly implement ‘One Nation, One Tax’ regime to ensure that neither the traders nor the consumers suffer and there is smooth transition of tax structure.
An official document of the State Government has proposed appointment of five categories of officers for implementation of the GST, which was rolled out in the State on the midnight of July 7 and 8, about a week after it came into force in the entire country. It has come out with complete details for the traders including income slab required for their registration, the traders, who were liable and those who were not liable for registration, setting up of Consumer Welfare Board etc. The Government has also listed powers the officers would have for search, seizure and arrest of the defaulters and anti-profiteering measures.
The Government proposed to appoint five sections of officers for implementation of the GST in the State. They included Chief Commissioner/ Commissioner of State Tax, Special Commissioners/ Additional Commissioners of State Tax, Deputy Commissioners of State Tax, Assistant Commissioners of State Tax and State Tax Officers.
“The Commissioners will have jurisdiction over whole of the State while the Special Commissioners/Additional Commissioners will have jurisdiction in respect of all or any of the functions assigned to them including any local area while all other officers will cover the areas as the Commissioner may, by an order, specify,’’ the official document revealed.
The officers, not below the rank of Additional Commissioner, will have power of inspection, search and seizure if he feels that a taxable person had suppressed any transactions relating to supply of goods or services or both or the stock of goods in hand or has claimed input tax credit in excess of his entitlement under the Act.
“If the officer has reasons to believe that any goods liable to confiscation or any documents or books or things, which in his opinion will be useful or relevant to any proceedings under the Act, are secreted in any place, he may authorize any other officer of State Tax to search and seize or himself search and seize goods, documents, books or things,’’ sources said.
The Commissioner will also have the powers to arrest the defaulters if he feels that the person has committed any offence that is punishable under the Act. The Commissioner can also authorize the officers to arrest the defaulter.
The Government has also proposed Anti-Profiteering Measures under the GST.
It said the State Government will levy J&K GST on all intra-State supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption, on the value determined by the Government on recommendations of the GST Council but not exceeding 20 per cent. The State tax on supply of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel, shell be levied with effect from the date notified by the Government on recommendation of the Council.
The Government will have powers to exempt some items from the tax if it was satisfied that it was in the public interest.
According to the official document, every supplier making a taxable supply of goods or services, or both in the State, shall be liable to be registered under the Act if his aggregate turnover exceeds Rs 20 lakh in a financial year.
Official sources pointed out that traders in Jammu and Kashmir and North East only have been given the privilege of Rs 20 lakh per annum slab for registration under the GST Act, which in rest of the States is Rs 10 lakh.
The traders dealing in certain particular supplies of goods will not be liable for registration.
“Any person engaged exclusively in the business of supplying goods or services or both that are not liable to tax or wholly exempt from tax under the GST Act or Under Integrated GST and an agriculturist to the extent of supply of produce out of cultivation of land, will not be liable for registration,’’ the Government document said.
A total of 12 categories of persons will have to undergo compulsory registration. They included those making inter-State taxable supply, casual taxable persons making taxable supply, persons required to pay tax under reverse charge, non-resident taxable persons making taxable supply, persons who make taxable supply of goods or services or both on behalf of other taxable persons, Input Service Distributor, persons, who supply goods or services or both, every electronic commerce operator, person supplying online information and data base access or retrieval services from a place outside India to a person within India, other than a registered persons and those who may be notified by the Government on recommendation of the Council.
Every registered persons now would be required to maintain true and correct account of production or manufacture of goods, inward or outward supply of goods or service or both, stock of goods, input tax credit availed, output tax payable and paid and such other prescribed particulars.
After implementation of the GST, the Government would set up the Consumer Welfare Fund. According to sources, all sums credited to the Fund will be utilized by the Government for welfare of consumers.
The registered persons will also be entitled to self-asses the taxes payable under the Act and furnish a return for each tax period.