Key Indirect Tax and GST Changes from India's 2019 Union Budget
The 2019 Union Budget introduced significant indirect tax reforms, including a 2% interest subvention for GST-registered MSMEs on certain loans to boost small businesses. A new "Sabka Vishwas" scheme was announced to resolve long-standing pre-GST tax litigations, offering substantial relief on disputed amounts. Furthermore, the budget adjusted basic customs duties on various imported goods to support domestic industries and increased excise duties on petrol, diesel, and tobacco products. Retrospective service tax exemptions were also provided for specific services by state governments and IIMs.
Key Indirect Tax and GST Changes from India's 2019 Union Budget
The Union Budget presented on July 5, 2019, introduced several significant announcements regarding indirect taxes.
Interest Subvention for GST-Compliant MSMEs
The government allocated ₹350 crore for the fiscal year 2019-20 to provide a 2% annual interest subvention. This benefit applies to fresh or incremental loans for Micro, Small, and Medium Enterprises (MSMEs) that are registered under GST and apply through psbloansin59minutes.
Eligibility and Procedure Highlights:
- Loan Type: The interest subvention is available for incremental or fresh term loans, or additional working capital, sanctioned during FY 2018-19 (from November 2, 2018) or FY 2019-20.
- Application Process: Businesses must register on the psbloansin59minutes website using a mobile number and OTP. The entire loan application, verification, sanction, and disbursal process is conducted online and is faceless.
- Credit Limit: The interest subvention applies to loans with a maximum credit limit of ₹1 Crore for an MSME. However, MSMEs can still apply for business loans up to ₹5 Crore from SIDBI or five other public sector banks via the website.
- Collateral and Rates: No collateral is required, and interest rates begin at 8% per annum under the Credit Guarantee Fund Trust for Micro and Small Enterprises (CGTMSE) scheme.
- Required Documents for Existing Businesses: Applicants need to submit their GSTIN, GST Username and OTP; Income Tax Returns (ITR) in XML format; bank statements for the last six months in PDF format (up to three accounts); details of directors, partners, or the proprietor; and information related to the loan requirement.
- Approval and Disbursal: In-principle approval is provided within 59 minutes of application, with disbursal typically occurring within 7-8 working days.
- Credit Assessment: The system employs advanced algorithms to assess credit eligibility by analyzing the borrower's history of statutory compliances, including IT returns, GST filing data, and bank statements. Therefore, GST compliance can significantly improve eligibility for these loans.
- GST Portal Consent: The GST portal's dashboard includes an option for GST-registered MSMEs to consent to sharing their GST details with psbloansin59minutes.com.
Panel Formed to Resolve Pre-GST Tax Disputes
A new initiative, the “Sabka Vishwas Legacy Dispute Resolution Scheme,” is set to launch to address and conclude pending litigations under the central excise and service tax regimes. This scheme operates on a dispute resolution and amnesty model. The Finance Minister highlighted in the 2019 Union Budget that over ₹3.75 lakh crore was blocked in pre-GST tax disputes. The scheme aims to expedite the legal process for pre-GST cases with unresolved ambiguities that are still pending before tribunals. Under this scheme, relief is offered through a reduction in tax dues, ranging from 40% to 70% of the disputed amount, for all cases except those voluntarily disclosed.
Exclusions:
- Cases already pending before a settlement commission.
- Cases where parties have faced conviction.
Additional benefits include a waiver of interest and penalties upon full payment of the reduced tax dues, and immunity from prosecution.
Adjustments to Basic Customs Duty on Imports
Basic customs duty on certain imported goods was revised to ensure a level playing field for domestic industries. Conversely, duties on several imported items used as inputs by domestic manufacturers were reduced. Notably, the basic customs duty was increased on items like gold, silver, and other precious metals. Conversely, duty reductions were applied to CRGO sheets, amorphous alloy ribbon, ethylene dichloride, propylene oxide, cobalt matte, naphtha, wool fibers, inputs for manufacturing artificial kidneys and disposable sterilized dialyzers, and fuels for nuclear power plants. Furthermore, customs duty exemptions were granted for capital goods necessary for manufacturing specific electronic products. To foster the domestic production of electric vehicles, certain imported components for these vehicles are now duty-free. Similarly, a 5% customs duty was imposed on imported books to support the domestic publishing and printing industries. To enhance India's defense capabilities, imports of defense equipment not manufactured domestically are exempt from basic customs duty.
Increased Excise Duty on Fuel and Other Goods
The Finance Minister proposed an increase of one rupee per liter in both the special additional excise duty and the road and infrastructure cess on petrol and diesel. This adjustment was justified by a marginal reduction in global oil prices. This announcement raises questions about the Central Government's plans to eventually include petrol under GST, potentially eliminating central and state levies. Other minor excise rate adjustments were announced for tobacco products and crude oil, which will now attract a nominal basic excise duty based on specific categories (e.g., ₹10 per thousand, 5 per thousand, 0.5%, 1%, ₹0.05 per thousand, ₹0.10 per thousand). This decision addresses industry representations concerning the levy of a natural calamity and contingent duty despite the absence of basic excise duty on these items.
Additional Retrospective Service Tax Exemptions
Retrospective exemptions were granted under service tax law for specific services, as detailed below:
| Nature of Service | Service Provider | Period of Exemption |
|---|---|---|
| Granting a liquor license against a license fee or application fee. | State Government | April 1, 2016 – June 30, 2017 |
| Educational programs for students (excluding Executive Development Programs and specific IIM programs: 2-year full-time PGD programs in Management based on CAT results; Fellow program in Management; 5-year integrated program in Management). | IIMs, following Central Government guidelines | July 1, 2003 – March 31, 2016 |
| Granting a long-term lease (30 years or more) on plots designated for infrastructure in financial businesses, where consideration is received as an upfront amount. | State Industrial Development Corporations or Undertakings, or any other entity with 50% or more ownership by Central/State Government or Union Territory, to developers in industrial or financial business areas | October 1, 2013 – June 30, 2017 |