Lok Sabha passes Bills on GST appellate tribunal, changes in customs and excise duties

The Bill seeks to raise the age cap for president and members of GST appellate tribunals (GSTAT) at 70 years and 67 years, respectively.

ByPTI

Published Dec 19, 2023 | 5:37 PMUpdatedDec 19, 2023 | 5:56 PM

Lok Sabha

The Lok Sabha on Tuesday, 19 December, passed a Bill to raise the age limit of the president and members of the GST appellate tribunal.

The Hosue also passed a Bill that seeks to give immediate effect to the changes in customs and excise duties announced in the Budget.

Piloting the GST Bill, Finance Minister Nirmala Sitharaman said taxpayers who are litigating against GST demands in various high courts or the Supreme Court will have the liberty to withdraw their cases and approach GSTAT once the benches start functioning.

The Central Goods and Services Tax (Second Amendment) Bill, 2023, was passed by Lok Sabha by a voice vote.

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The age limits

The Bill seeks to cap the age for president and members of GST appellate tribunals (GSTAT) at 70 years and 67 years, respectively, higher than 67 years and 65 years specified earlier.

An advocate with 10 years of ‘substantial experience’ in litigation in matters relating to indirect taxes in the Appellate Tribunal, would be eligible to be appointed as a judicial member of GSTAT.

As per the amendment, the president and judicial and technical members of GSTAT shall hold office for four years, or until he attains the age of 70 years and 67 years, respectively, whichever is earlier.

The rules notified by the government earlier had fixed the age limit for the president and members of GSTAT at 67 years and 65 years, respectively.

Sitharaman said the passage of the bill would align terms of service of judicial and technical members of GSTAT with the Tribunal Reforms Act of 2021.

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Provisional Collection of Taxes Bill

The House after a brief discussion on the Provisional Collection of Taxes Bill 2023, passed the Bill by voice vote.

Jayant Sinha (BJP) and BV Satyavathi (YSRCP) participated in the brief discussion on the Bill which is aimed at curbing speculative activities following changes in customs and excise duties in the Budget.

Moving the Bill for passage, Finance Minister Nirmala Sitharaman said, the Provisional Collection of Taxes Bill, 2023 seeks to obtain the authority from Parliament to provisionally levy and collect the newly imposed or increased duties of customs and excise for 75 days.

This Bill proposes to replace the erstwhile Provisional Collection of Taxes Act, 1931 with a minor change that is technical in nature.

The provisions of the Bill empower collection provisionally, during the period between the introduction and enactment of the Bill the increased customs or central excise duty where such duty rate is increased beyond the statutory rate approved by Parliament or where such duty is newly imposed, she said.

While the changes in rates of income and corporate taxes, incorporated in the Budget announced on 1 February, are effective from 1 April or a notified date, most of the changes in customs and excise duty rates become effective from midnight.

The Bill provides for the “immediate effect for a limited period” of provisions in Bills relating to the imposition or increase of duties of customs or excise.

Sitharaman said the bill incorporates the existing provisions of the 1931 Bill.

“By invoking this particular Act, we are able to temporarily ensure, till the time the Finance Bill gets passed, no speculative activities are happening,” she had said while introducing the Bill in Lok Sabha last week.

(With PTI inputs)