LegislationGST rates and anti-profiteeringVatsal Khullar- May 24, 2017Over the last two months, the centre and over 15 states have passed laws to levy the Goods and Services Tax (GST).  Under these laws, tax rates recommended by the GST Council will be notified by the government.  The Council met in Srinagar last week to approve rates for various items.  Following this decision, the government has indicated that it may invoke provisions under the GST laws to monitor prices of goods and services.[1]This will be done by setting up an anti-profiteering authority to ensure that reduction in tax rates under GST results in a fall in prices of goods and services.  In this context, we look at the rates approved by the GST Council, and the role of the proposed authority to ensure that prices of various items do not increase under GST.Q. What are the tax rates that have been approved by the Council?The Council has classified various items under five different tax rates: (i) 5%, (ii) 12%, (iii) 18%, (iv) 28%, and (v) 28% with an additional GST compensation cess (see Table 1).[2],[3],[4]While tax rates for most of the goods and services have been approved by the Council, rates for some remaining items such as biscuits, textiles, footwear, and precious metals are expected to be decided in its next meeting on June 3, 2017.Table 1: Tax rates for goods and services as approved by the GST Council5%12%18%28%28% + CessGoodsTea and CoffeeMedicinesEdible OilsButter and CheeseSanitary NapkinsMobile PhonesDry FruitsTractorsAgarbattiToothpasteSoap BarsComputersChocolateShampooWashing MachineAir Conditioner (AC)Aerated Drinks + 12% CessSmall Cars + 1% or 3% Cess (depending on petrol or diesel engine)Big Cars + 15% CessServicesTransport by railAir transport by economy classAir transport by business classNon-AC Restaurant without liquor licenseRestaurant with liquor licenseAC RestaurantOther services not specified under any other rate (such as telecommunication and financial services)Entertainment (such as cinemas and theme parks)GamblingRestaurants in 5 star hotelsSource: GST Council Press Release, Central Board for Excise and Customs.Q. Will GST apply on all goods and services?No, certain items such as alcohol for human consumption, and petroleum products such as petrol, diesel and natural gas will be exempt under GST.  In addition to these, the GST Council has also classified certain items under the 0% tax rate, implying that GST will not be levied on them.  This list includes items of daily use such as wheat, rice, milk, eggs, fresh vegetables, meat and fish.  Some services such as education and healthcare will also be exempt under GST.Q. How will GST impact prices of goods and services?GST subsumes various indirect taxes and seeks to reduce cascading of taxes (tax on tax).  With greater efficiency in the supply of products, enhanced flow of tax credits, removal of border check posts, and changes in tax rates, prices of goods and services may come down.[5],[6],[7]Mr Arun Jaitley recently stated that the Council has classified several items under lower tax rates, when compared to the current system.[8]However, since some tax rates such as VAT currently vary across states, the real impact of GST rates on prices may become clear only after its roll-out.  For example, at present VAT rates on smart phones range between 5-15% across states.  Under GST they will be taxed at 12%.[9]As a result while phones may become marginally cheaper in some states, their prices may go up in some others.Q. What happens if tax rates come down but companies don’t reduce prices?Few people such as the Union Revenue Secretary and Finance Ministers of Kerala and Jammu and Kashmir have expressed concerns that companies may not lower their prices despite a fall in tax rates, in order to increase their profits.  The Revenue Secretary also stated that the government had received reports of few businesses increasing their product prices in anticipation of GST.[10]To take care of such cases, the GST laws contain a provision which allows the centre to constitute an anti-profiteering authority.  The authority will ensure that a reduction in tax rates under GST is passed on to the consumers.  Specific powers and functions of the authority will be specified by the GST Council.[11],[12]Q. Are there any existing mechanisms to regulate pricing of products?Various laws have been enacted over the years to control the pricing of essential items, or check for unfair market practices.  For example, the Essential Commodities Act, 1955 controls the price of certain necessary items such as medicines, food items and fertilisers.[13]Parliament has also created statutory authorities like the Competition Commission of India to check against unfair trade practices such as cartelisation by businesses to inflate prices of goods.  Regulators, such as the National Pharmaceutical Pricing Authority, are also responsible for regulating prices for items in their sectors.Q. Could there be some challenges in implementing this mechanism?To fulfil its mandate, the anti-profiteering authority could get involved in determining prices of various items.  This may even require going through the balance sheets and finances of various companies.  Some argue that this is against the idea of prices being determined by market forces of demand and supply.[14]Another aspect to consider here is that the price of items is dependent on a combination of factors, in addition to applicable taxes.  These include the cost of raw material, technology used by businesses, distribution channels, or competition in the market.Imagine a case where the GST rate on a category of cars has come down from the current levels, but rising global prices of raw material such as steel have forced a manufacturer to increase prices.  Given the mandate of the authority to ensure passing of lower tax rates to consumers, will it also consider the impact of rising input costs deciding the price of an item?  Since factor costs keep fluctuating, in some cases the authority may find it difficult to evaluate the pricing decision of a business.Q. Have other countries tried to introduce similar anti-profiteering frameworks?Some countries such as Malaysia have in the past introduced laws to check if companies were making unreasonably high profits after the roll-out of GST.[15]While the law was supposed to remain in force for a limited period, the deadline has been extended a few times.  In Australia, during the roll out of GST in the early 2000s, an existing authority was entrusted with the role of taking action against businesses that unreasonably increased prices.[16]The authority also put in place a strategy to raise consumer awareness about the available recourse in cases of price exploitation.With rates for various items being approved, and the government considering a mechanism to ensure that any inflationary impact is minimised, the focus now shifts to the implementation of GST.  This includes operationalisation of the GST Network, and notification of rules relating to registration under GST and payment of tax.  The weeks ahead will be crucial for the authorities and various taxpayers in the country to ensure that GST is successfully rolled out from July 1, 2017.[1]After fixing rates, GST Council to now focus on price behaviour of companies, The Hindustan Times, Ma 22, 2017,http://www.hindustantimes.com/business-news/after-fixing-rates-gst-council-to-now-focus-on-price-behaviour-of-companies/story-fRsAFsfEofPxMe2IXnXIMN.html.[2]GST Rate Schedule for Goods, Central Board of Excise and Customs, GST Council, May 18, 2017,http://www.cbec.gov.in/resources//htdocs-cbec/gst/chapter-wise-rate-wise-gst-schedule-18.05.2017.pdf.[3]GST Compensation Cess Rates for different supplies, GST Council, Central Board of Excise and Customs, May 18, 2017,http://www.cbec.gov.in/resources//htdocs-cbec/gst/gst-compensation-cess-rates-18.05.2017.pdf.[4]Schedule of GST Rates for Services as approved by GST Council, GST Council, Central Board of Excise and Customs, May 19, 2017,http://www.cbec.gov.in/resources//htdocs-cbec/gst/Schedule%20of%20GST%20rates%20for%20services.pdf.[5]GST rate impact: Here’s how the new tax can carry a greater punch, The Financial Express, May 24, 2017,http://www.financialexpress.com/economy/gst-rate-impact-heres-how-the-new-tax-can-carry-a-greater-punch/682762/.[6]“So far, the GST Council has got it right”, The Hindu Business Line, May 22, 2017,http://www.thehindubusinessline.com/opinion/the-gst-council-has-got-it-right/article9709906.ece.[7]“GST to cut inflation by 2%, create buoyancy in economy: Hasmukh Adhia”, The Times of India, May 21, 2017,http://timesofindia.indiatimes.com/business/india-business/gst-to-cut-inflation-by-2-create-buoyancy-in-economy-hasmukh-adhia/articleshow/58772448.cms.[8]GST rate: New tax to reduce prices of most goods, from milk, coal to FMCG goods, The Financial Express, May 19, 2017,http://www.financialexpress.com/economy/gst-rate-new-tax-to-reduce-prices-of-most-goods-from-milk-coal-to-fmcg-goods/675722/.[9]“Goods and Services Tax (GST) will lead to lower tax burden in several commodities including packaged cement, Medicaments, Smart phones, and medical devices, including surgical instruments”, Press Information Bureau, Ministry of Finance, May 23, 2017.[10]“GST Townhall: Main concern is consumer education, says Adhia”, Live Mint, May 24, 2017.[11]The Central Goods and Services Tax Act, 2017,http://www.prsindia.org/uploads/media/GST,%202017/Central%20GST%20Act,%202017.pdf.[12]Rajasthan Goods and Services Tax Bill, 2017; Madhya Pradesh Goods and Services Tax Bill, 2017; Uttar Pradesh Goods and Services Tax Bill, 2017; Maharashtra Goods and Services Tax Bill, 2017.[13]The Essential Commodities Act, 1955.[14]“GST rollout: Anti-profiteering law could be the new face of tax terror”, The Financial Express, May 23, 2017,http://www.financialexpress.com/opinion/gst-rollout-anti-profiteering-law-could-be-the-new-face-of-tax-terror/680850/.[15]Price Control Anti-Profiteering Act 2011, Malaysia.[16]ACCC oversight of pricing responses to the introduction of the new tax system, Australia Competition and Consumer Commission, January 2003,https://www.accc.gov.au/system/files/GST%20final%20report.pdf.ParliamentFirst no-confidence motion of the 17th Lok Sabha discussed todayNiranjana Menon- August 8, 2023Discussion on the first no-confidence motion of the 17thLok Sabha began today.  No-confidence motions and confidence motions are trust votes, used to test or demonstrate the support of Lok Sabha for the government in power.  Article 75(3) of the Constitution states that the government is collectively responsible to Lok Sabha.  This means that the government must always enjoy the support of a majority of the members of Lok Sabha.  Trust votes are used to examine this support.  The government resigns if a majority of members support a no-confidence motion, or reject a confidence motion.So far, 28 no-confidence motions (including the one being discussed today) and 11 confidence motions have beendiscussed.  Over the years, the number of such motions has reduced.  The mid-1960s and mid-1970s saw more no-confidence motions, whereas the 1990s saw more confidence motions.Figure1: Trust votes in ParliamentNote: *Term shorter than 5 years; **6-year term.Source: Statistical Handbook 2021, Ministry of Parliamentary Affairs; PRS.The no-confidence motion being discussed today wasmovedon July 26, 2023.  A motion of no-confidence is moved with the support of at least 50 members.   The Speaker has the discretion to allot time for discussion of the motion.  TheRules of Procedurestate that the motion must be discussed within 10 days of being introduced.  This year, the no-confidence motion wasdiscussed13 calendar days after introduction.  Since the introduction of the no-confidence motion on July 26, 12 Bills have been introduced and 18 Bills have been passed by Lok Sabha.  In the past, on four occasions, the discussion on no-confidence motions began seven days after their introduction.  On these occasions, Bills and other important issues were debated before the discussion on the no-confidence motion began.Figure2: Members rise in support of the motion of no-confidence in Lok SabhaSource: Sansad TV, Lok Sabha, July 26, 2023; PRS.Figure3: Number of days from introduction to discussion on no-confidence motionsNote: Number of days implies calendar days.Source: Statistical Handbook 2021, Ministry of Parliamentary Affairs; PRS.On average, no-confidence motions (excluding the one being discussed today) have been discussed for 13 hours over three days.  Discussions have lasted longer than 20 hours on four instances, most recently in 2003.  Today’s no-confidence motion was allotted 12 hours discussion time by theBusiness Advisory Committee.Following the discussion, the motion is put to vote.  26 out of 27 no-confidence motions (excluding the one being discussed today) have been voted upon and rejected.  This means that no government has ever had to resign following a vote of no-confidence.   On one occasion, in 1979, the discussion on a no-confidence motion against the Morarji Desai government remained inconclusive.  He resigned before the motion was put to vote.  50% of all no-confidence motions (14 out of 28) were discussed between 1965 and 1975.  Of these, 12 were against governments headed by Indira Gandhi.Figure4: Duration of discussion on no-confidence motionsNote: This graph excludes the no confidence motion moved on July 26, 2023.Source: Statistical Handbook 2021, Ministry of Parliamentary Affairs; PRS.In comparison, confidence motions have a more varied history.  The first motion, brought in 1979 to demonstrate confidence in Charan Singh’s government, was not discussed at all.  The Prime Minister resigned before the discussion could take place.  Since then, 11 confidence motions have been discussed in Lok Sabha, with nine occurring in the 1990s.  During this period, several coalition governments were formed, and Prime Ministers sought to prove their majority throughconfidence motions.   These motions have been discussed, on average, for 12 hours over two days.Figure5: Duration of discussion of confidence motionsSource: Statistical Handbook 2021, Ministry of Parliamentary Affairs; PRS.Of the 11 confidence motions discussed in Lok Sabha, seven were accepted.  On three instances, governments had to resign as they could not prove that they had the support of the majority.  On one instance in 1996, the motion was not put to vote.  Following an eleven-hour discussion on this confidence motion, Prime Minister Atal Bihari Vajpayee announced his intention to resign on the floor of the House.  He resigned 16 days into his term.Vajpayee became Prime Minister again in 1999, and faced another confidence motion.   This time, it was put to vote.   The motion was defeated by a margin of one vote.  This has been the closest result on a trust vote in the history of Lok Sabha.  The next closest result was when a motion of no-confidence against P V Narasimha Rao’s government was defeated by 14 votes in 1993.  In most cases, results have been in favour of the government by a large margin.«12345678910»
LegislationGST rates and anti-profiteeringVatsal Khullar- May 24, 2017