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Centre-states may discuss early inclusion of natural gas into GST fold

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With GST revenue collections making a rebound post the disruptions caused by the second wave of Covid pandemic, the Centre is likely to initiate dialogue with states for inclusion of petroleum products under the new indirect tax fold.

Sources privy to the development said that based on the Petroleum Ministry’s suggestion, the Centre may take up with GST Council the issue of bringing natural gas under the Goods and Services Tax (GST) regime to begin with before the entire oil and gas sector is brought under it.

The 45th GST Council meeting is scheduled on September 17, 2021 at Lucknow. Though the council members will discuss several pending issues such as states compensation, revision of GST rates on Covid essentials, inverted duty structure, the Centre is also likely to take up the case for early inclusion of gas into the new taxation fold.

With revenue position remaining strained due to Covid-19 outbreak, states have been reluctant to consider bringing high revenue generating petroleum products under GST fold. But with GST collections improving substantially this year remaining above the Rs 1 lakh crore psychological-mark in most months of FY22, the Centre feels it is the right time to push for tax reforms in the oil and gas sector as well with the inclusion of gas helping in plan to develop a gas-based economy in the country.

Inclusion of gas would not pose a challenge for the GST Council as it is largely an industrial product where a switchover to the new taxation would not be difficult. The revenue implication for the states is also low in the case of this switchover.

“States are in a fairly better position now with GST revenue hitting over Rs 1 lakh crore-mark for the past few months and Centre has also improved their liquidity position through additional borrowing schemes. This should make phased inclusion of petroleum products under GST easier for the council,” said an official source in the oil ministry.

GST levy on natural gas would help state-run oil companies such as ONGC, IOCL, BPCL and HPCL to save tax burden to the tune of Rs 25,000 crore as they would get credit on taxes paid for inputs and services. Tax credits are not transferable between the two different taxation systems.

The Steering Committee for Advancing Local Value-Add and Exports (SCALE) chaired by Mahindra & Mahindra MD & CEO Pawan Goenka in its report to the commerce ministry has also batted for provision of input tax credit of natural gas to make its prices more competitive. This could happen once it is included in GST.

Sources said Council could consider a three-layered GST structure for gas where residential piped natural gas (PNG) is taxed at a lower rate of 5 per cent, commercial piped natural gas could be taxed at a median rate of 18 per cent, and car fuel CNG could be taxed at a maximum rate of 28 per cent. However, such a proposal has not yet been drafted and it could be put on table after consensus is arrived at inclusion of gas under GST.

Gas sales, including CNG and piped gas supplies, attract VAT ranging from 5-12 per cent.

As part of its efforts to build consensus with the states on GST launch, the government had decided to exclude five petroleum products — crude oil, petrol, diesel, ATF and natural gas — from the list of items placed under GST, but included products such as cooking gas, kerosene and naphtha in the new regime.

Business

IndiGo Crisis Day 7: Mumbai Feels The Heat As Week-Long Flight Issues Deepen Nationwide; 32 Cancellations Reported Today

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Mumbai: air travel schedule remained heavily disrupted on Monday as IndiGo’s nationwide operational meltdown stretched into its seventh straight day, causing widespread cancellations across major Indian airports. While the crisis has affected passengers throughout the country, Mumbai, one of IndiGo’s busiest hubs, continued to witness major cancellations that derailed travel plans from early morning.

By 7 am, Mumbai’s Chhatrapati Shivaji Maharaj International Airport had recorded 32 IndiGo cancellations, 10 arrivals and 22 departures, impacting key routes to Chandigarh, Nagpur, Bengaluru, Hyderabad, Goa, Darbhanga, Kolkata and Bhubaneswar. Airport officials said the ripple effect of the disruptions was expected to continue through the day, adding to the nationwide tally of 309 flights impacted by Monday morning.

Across India, more than 224 cancellations were pre-planned and communicated to passengers, officials confirmed, as the airline attempted to manage the crisis strategically. IndiGo had reportedly begun processing 100 per cent refunds for passengers booked up to December 6, even as fresh cancellations continued to pile up.

Delhi’s Indira Gandhi International Airport reported the highest number of disruptions, with 134 IndiGo flights cancelled, 75 departures and 59 arrivals, making it the epicentre of the crisis. In response, the airport issued a public advisory urging passengers to check real-time flight status before heading out. Authorities said they were coordinating with airline teams to minimise chaos inside terminals.

Bengaluru’s Kempegowda International Airport confirmed 127 cancellations, 65 arrivals and 62 departures. Officials said the next status update would be provided later in the evening. Hyderabad’s Rajiv Gandhi International Airport recorded 77 disruptions, splitting between 38 arrivals and 39 departures.

At Srinagar Airport, 16 flights (8 arrivals and 8 departures) were cancelled, while Ahmedabad reported 18 cancellations by 8 am. Passenger crowds were also reported at terminals in Chennai, Jaipur and Mumbai, where many travellers waited for updates amid confusion.

Amid the escalating crisis, aviation regulator DGCA granted IndiGo CEO Pieter Elbers and COO Isidro Porqueras a one-time extension until 6 pm Monday to respond to the show-cause notice issued on December 6. The airline sought extra time citing “operational constraints linked to the scale of nationwide disruptions.” The DGCA, however, warned that no further extension will be granted, and said it would proceed ex parte if the reply is not submitted on time.

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Sensex, Nifty open lower amid lack of domestic triggers

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Mumbai, Dec 8: Indian stock markets started the week on a weak note on Monday as benchmark indices opened lower in the absence of strong domestic cues.

The Sensex slipped by 93 points, or 0.11 per cent, to trade around 85,619. The Nifty also drifted lower and was seen at 26,137, down 50 points or 0.19 per cent.

Analysts said that Nifty is expected to trade within a defined range today, with near-term resistance placed around 26,300-26,350, where profit-booking may emerge.

“On the downside, support is seen around 26,000-26,050, a zone that has held firm through recent consolidation,” experts said.

Several heavyweight stocks dragged the indices in early trade. Shares of Bajaj Finance, BEL, NTPC, Asian Paints, Power Grid, Trent, Sun Pharma, and ICICI Bank were among the biggest losers on the Sensex.

At the same time, some major technology and auto names helped limit the downside. Eternal, Tech Mahindra, TCS, Tata Motors PV, Infosys, HCL Tech and Tata Steel were the top gainers.

The broader market also showed signs of pressure. The Nifty MidCap index slipped 0.12 per cent, while the Nifty SmallCap index fell more sharply, declining 0.40 per cent.

Sector-wise, real estate, public sector banks, and pharmaceutical stocks were under the most selling pressure, with the Nifty Realty, PSU Bank, and Pharma indices falling between 0.3 per cent and 0.5 per cent.

On the other hand, the Nifty IT index managed to rise 0.5 per cent, supported by gains in large tech stocks. The Nifty Metal index also inched up by 0.2 per cent.

Analysts said that the market mood remained cautious in early trading as investors awaited fresh triggers to set the direction for the day.

“Given the prevailing conditions, a buy-on-dips strategy remains appropriate. Traders may consider adding long positions if Nifty pulls back toward 26,000-26,050 or if Bank Nifty finds stability above 59,400,” market watchers added.

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Nescafé Premix Qualifies As ‘Instant Coffee’, Attracts Lower 8 Per Cent Sales Tax: Bombay HC

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Mumbai: In a significant ruling on product classification under the Bombay Sales Tax Act, 1959, the Bombay High Court has held that Nescafé Premix must be taxed at 8% as “coffee / instant coffee,” and not at the higher rate of 16% applicable to general beverage powders.

A bench of Justices M. S. Sonak and Advait Sethna reiterated the cardinal principle that specific tax entries must prevail over general ones. Applying the common parlance test, the court concluded that Nescafé Premix, as marketed and consumed, had created a clear perception of “instant coffee”.

The case arose from a dispute between Nestlé India Ltd. and the Sales Tax Department regarding whether Nescafé Premix — containing 8.5% soluble coffee powder, 54% sucrose, 37% partially skimmed milk powder and 0.5% maltodextrin — should be classified under Schedule Entry C-II-3 (8%) or Entry C-II-18(2) (16%).

The Commissioner of Sales Tax had earlier ruled in 1998 that the product fell under the higher-taxed general entry for powders used in non-alcoholic beverages, emphasising that the coffee content was “minuscule 8.5%”.

The Maharashtra Sales Tax Tribunal reversed this decision in 2001, holding that ingredient percentage was not decisive — relying on Supreme Court precedent that even small quantities, like salt in food, do not alter the essential character of the final product.

Upholding the Tribunal’s order, the HC stressed that the product’s actual use and consumer understanding were crucial. “Ultimately, in all such matters, we must go by the common parlance test,” the bench said.

It noted that the premix was expressly marketed as Nescafé Premix and used to dispense Nescafé from vending machines simply by adding hot water. “The resultant product, in common parlance, was nothing but Nescafé,” the Court observed.

Rejecting the Department’s argument that low coffee content disqualified it from being considered instant coffee, the Court agreed with the Tribunal that removing coffee powder altogether would fundamentally change the product’s identity — demonstrating that the coffee component, though proportionally small, was determinative of classification.

The bench also emphasised that Entry C-II-3, covering “coffee” and “instant coffee”, was a specific entry and therefore prevailed over the general entry for beverage powders under C-II-18(2). “The concept of instant coffee must conform to modern development and modern perceptions,” the Court added.

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