New Delhi: After a flurry of tax notices that rattled businesses and clouded tax certainty, India's top authority on indirect taxes has stepped in.
New Delhi: After a flurry of tax notices that rattled businesses and clouded tax certainty, India's top authority on indirect taxes has stepped in.
Often, tax officials and tax payers interpret the same law differently, or the industry practice differs from the official view. In such cases, senior field officers who investigate the matter must sound out the top authority before issuing show cause notices, the Central Board of Indirect Taxes and Customs (CBIC) said.
The CBIC's reminder comes nearly five months after it first flagged the need for caution, a period which has seen a flurry of tax notices to high-profile companies. Some of these include Infosys Ltd ( ₹32,400 crore); HDFC Bank, Go Digit, Star Health and Policybazaar ( ₹2,250 crore); and a set of foreign airlines ( ₹10,000 crore.) On 17 August, Mint reported that tax authorities have issued over a thousand notices to businesses across sectors in the weeks till 5 August, the due date for issuing notices for any shortfall in tax payment for FY18.
On Sunday, Economic Times reported that the Union education ministry has stepped in after a GST notice for ₹120 crore was served on the Indian Institute of Technology-Delhi, one of several educational institutions which have receivedtaxnotices.
Also read: DGGI to scrutinize Infosys tax liabilities year by year, to take up FY19 next
Taking notice
According to the latest CBIC communication, when senior field officers raise the tax matter before their superiors, the CBIC's top brass, as well as the GST Council which includes the Union finance minister and state finance ministers, come to know of the legal issues underlying the proposed show cause notices.
The CBIC's reminder to follow instructions aimed at "maintaining ease of doing business while engaging in investigations with regular tax payers" signifies greater attention being paid at the highest level to the sustainability of tax notices issued to many companies.
Quoting from its previous instruction, the CBIC explained to all principal chief commissioners, principal director generals and other senior officers that there can be instances where the investigation is based on an interpretation of the tax law or rule or an order, and may be headed towards proposing non-payment of tax but the tax payer may be following a particular interpretation followed in that industry. This results in more than one interpretation and the likelihood of litigation, CBIC said.
The CBIC's reminder comes nearly five months after it first flagged the need for caution, a period which has seen a flurry of tax notices to high-profile companies
In such cases, the senior field officer has to make a reference to the GST policy wing or the Tax Research Unit of CBIC. Efforts to make such reference before concluding the investigations and "as much in advance as feasible of the earliest due date for issuing show cause notice, may be useful in promoting uniformity or avoiding litigation" if the reference also gets placed before the GST Council, the instruction said. CBIC also told officials that this procedure should be followed whenever such a scenario comes up during a GST audit, including ongoing ones.
"This move aims to create a more predictable business environment by reducing inconsistencies in audit findings, minimizing litigation, and streamlining the overall audit process. CBIC's emphasis on standardized interpretation underscores its commitment to fair business practices while ensuring robust GST compliance," said Saurabh Agarwal, tax partner, EY.
Also read: GST evasion: DGGI shoots over 1,000 tax notices ahead of 5 August deadline
On 13 August, Mint reported that after issuing a pre show cause notice to Infosys for ₹32,400 crore over alleged tax dues for the five years ended FY22, the Directorate General of GST Intelligence (DGGI) is set to decide on its tax liability for each year separately, signalling protracted tax wrangle. Infosys is currently in the process of filing its responses for the period after FY18.
GST Council's clarification
After the flurry of tax notices to insurance companies raised an outcry, the GST Council on 22 June clarified that co-insurance premium apportioned by lead insurer to the co-insurer and ceding commission or re-insurance commission between insurer and the re-insurer are not taxable. The Council also then decided to regularize past cases on 'as is where is basis,' giving relief to the insurance industry.
"Tax issues and India go hand in hand," Willie Walsh, director-general of the International Air Transport Association (Iata) said in June. "We are very concerned that some of the proposals would actually lead to airlines withdrawing from the market because (they would be exposed to) the complexity of tax rules, the extent of taxes, and the risk of double taxation, which most air service agreements set out to avoid."
Walsh's comments came after the DGGI last year searched the Indian offices of airlines including Etihad, Emirates and Qatar Airways, as part of an investigation into alleged tax evasion linked to services imported from the airlines' overseas headquarters to their Indian branches. This year, DGGI summoned the Indian staff of Singapore Airlines, Lufthansa and British Airways and others, over alleged non-payment of GST.
The latest effort to step up oversight of the interpretation of law forming the basis for tax notices suggests the government is keen to avoid controversies and demands that will not stand up to judicial scrutiny. Field officers and investigating agencies issuing tax notices are bound by the law, and often tend to go for the interpretation that favour the exchequer.