New Tax Bills

New Tax Bills mind map
  Central Goods and Services Tax (Second Amendment) Bill, 2023
    December 2023 News
      Introduced in Lok Sabha
        Date
          December 13, 2023
      Passed in Lok Sabha
        Date
          December 19, 2023
    Ministry
      Finance
    Background and Objectives
      Need for GST Appellate Tribunal
        Overburdened High Courts
      Alignment with Tribunal Reforms Act, 2021
    Provisions
      Amendment of Section 110
        Advocate Eligibility
          Ten years of experience
          Experience in indirect taxes
        Age Limit
          Minimum 50 years for members
      Age Limit Changes
        President of Tribunal
          From 67 to 70 years
        Members
          From 65 to 67 years
      Section 109
        Constitution of GST Appellate Tribunal
        Second appellate authority within GST
      Notification 28/2023-Central Tax
        Date
          July 31, 2023
        Operationalisation of Tribunals
    Statement by Nirmala Sitharaman
      Finance Minister
      Urgency of alignment with Tribunal Reforms Act
  Provisional Collection of Taxes Bill, 2023
    December 2023 News
      Introduced in Lok Sabha
        Date
          December 13, 2023
      Passed in Lok Sabha
        Date
          December 19, 2023
    Ministry
      Finance
    Background and Objectives
      Immediate effect for customs and excise duties
      Repeal of 1931 Act
    Provisions
      Short Title and Definition
        “Provisional Collection of Taxes Act”
        Defined “declared provision”
      Power to Make Declaration
        Section 3
        Central Government empowered
        Immediate effect for customs or excise duties
      Effect and Duration
        Legal force post introduction
        Ceases under certain conditions
      Refunds in Certain Cases
        Scenarios outlined for refunds
      Repeal of Previous Act
        Provisional Collection of Taxes Act, 1931
    Financial Memorandum
      No expenditure from Consolidated Fund of India

The Central Goods and Services Tax (Second Amendment) Bill, 2023, and the Provisional Collection of Taxes Bill, 2023, are significant legislative developments introduced in December 2023. The former amends the Central Goods and Services Tax Act, 2017, primarily to establish a Goods and Services Tax Appellate Tribunal, aligning the Act with the Tribunal Reforms Act of 2021. This tribunal aims to relieve the burden on High Courts and provide a second appellate authority within the GST framework. Key changes include modifications in the qualifications for tribunal members and adjustments to age limits. The latter bill repeals the Provisional Collection of Taxes Act, 1931, and focuses on providing immediate effect to certain customs and excise duty provisions. It ensures fiscal responsibility by not involving expenditure from the Consolidated Fund of India. Both bills reflect the Indian government’s efforts to streamline tax legislation and administration.

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