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First Mega Decision of GST Council - Service Providers & Manufacturers exited from Composition Scheme


Composition Scheme - Mega Decision but a confusing one-again

The Taxable Event in the GST Law is "Supply" and the Taxable Person is "Supplier". All form of Trade, including manufacture and Sale and all persons, including manufacturer and trader are covered by single blanket of "Supply" and "Supplier" respectively. The Term "Supplier" does not make any distinction between Manufacturer/ Trader. Even the Terms "Manufacture", "Manufacturer", "Sale" does not find any place in the Definitions of the Model GST Law. So how can the Taxable person- "Supplier" be again classified into "Manufacturer" and "Trader"? The provisions of Law has to be read only w.r.t "Supply" irrespective of manufacture or not. Entitlement/ Exclusion for the composition scheme can be only w.r.t Supplier, irrespective of being manufacturer or trader. An attempt to bring the existing provisions of manufacture and sale in the proposed law shall only create chaos, litigation and will defeat the basic spirit of GST i.e Uniformity of taxation across all chains of supply.

Surendra Peety 23/09/2016

 

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