To share a few thoughts -being convincingly founded on sound reasoning and transparent logic on:
Recent Developments - in a chronological order >
Proposed Amendments of GST Code
https://www.taxmann.com/…/govt-defers-gst-provisions-on-tds…
https://www.facebook.com/swaminathanv3/posts/1746682985407980
One's PICK, -
"DEEMED works contract" - All About >
Going by diktats of common sense, to bring about some improvement in the extremely muddled state of affairs currently prevailing in the 'GST law' regime, -both at the national and states level- why to wait, unjustifiably so, for the next Parliamentary Session, a few months from now ?
Instead, -
Should not such amendments -
at least those which are intended to rationalize the extant provisions, widely criticized as fundamentally ill- conceived, thereby impacting and impairing adversely the one and all concerned,
especially the gullible section of the public (the persons being the 'principal debtors' and the consumers /customers eventually brought to bear the burden of the tax, - more often than not, under compulsion /Coercion, -
speed up by bringing into effect /force , though tentatively, through a Presidential Ordinance ; and/ or
extend the already announced deferment of TCS and TDS , from end of September 2018, to such time until after the proposals are 'commended' to by the FM, and carried though the legislative process, to the end of a final enactment.
(left Open to EDIT- With an invite to law pundits at large, without the governmental portals, to give more serious thoughts and forward suitable suggestions to the designated high -end authorities)
Cross Refer > Previous Blogs/Posts on FB and Linkedin on the chosen topic - as collated @ "DEEMED works contract" - All About >
Master Note : Undeniably /indisputably , of course,extending the GST law to the realty sector is still in a proposal stage; rather in a hopelessly disappointing state of absolute flux.
But it ought not to be over sighted that the impropriety/ unconstitutionality of a levy of GST on 'deemed works contract' is being challenged and continue to be debated in legal and concerned professional circles, for too long now, also regarding the levy of ST/VAT on such contracts. Albeit, according to a view, particularly advanced by some players in the realty sector, - in own opinion not righlty so, -that is a matter still to be finally concluded and squarely resolved , as the Del. HC judgment in SK Bansal's case is pending for final adjudication by the apex court.
Resource (HISTORY of legislation):
Recent Developments - in a chronological order >
Proposed Amendments of GST Code
https://www.taxmann.com/…/govt-defers-gst-provisions-on-tds…
https://www.facebook.com/swaminathanv3/posts/1746682985407980
One's PICK, -
"DEEMED works contract" - All About >
Going by diktats of common sense, to bring about some improvement in the extremely muddled state of affairs currently prevailing in the 'GST law' regime, -both at the national and states level- why to wait, unjustifiably so, for the next Parliamentary Session, a few months from now ?
Instead, -
Should not such amendments -
at least those which are intended to rationalize the extant provisions, widely criticized as fundamentally ill- conceived, thereby impacting and impairing adversely the one and all concerned,
especially the gullible section of the public (the persons being the 'principal debtors' and the consumers /customers eventually brought to bear the burden of the tax, - more often than not, under compulsion /Coercion, -
speed up by bringing into effect /force , though tentatively, through a Presidential Ordinance ; and/ or
extend the already announced deferment of TCS and TDS , from end of September 2018, to such time until after the proposals are 'commended' to by the FM, and carried though the legislative process, to the end of a final enactment.
(left Open to EDIT- With an invite to law pundits at large, without the governmental portals, to give more serious thoughts and forward suitable suggestions to the designated high -end authorities)
Cross Refer > Previous Blogs/Posts on FB and Linkedin on the chosen topic - as collated @ "DEEMED works contract" - All About >
Master Note : Undeniably /indisputably , of course,extending the GST law to the realty sector is still in a proposal stage; rather in a hopelessly disappointing state of absolute flux.
But it ought not to be over sighted that the impropriety/ unconstitutionality of a levy of GST on 'deemed works contract' is being challenged and continue to be debated in legal and concerned professional circles, for too long now, also regarding the levy of ST/VAT on such contracts. Albeit, according to a view, particularly advanced by some players in the realty sector, - in own opinion not righlty so, -that is a matter still to be finally concluded and squarely resolved , as the Del. HC judgment in SK Bansal's case is pending for final adjudication by the apex court.
Resource (HISTORY of legislation):
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