Upload
shwetika12
View
61
Download
0
Embed Size (px)
Citation preview
OIL SECTOR
GST Impact AnalysisGST Impact AnalysisGST Impact AnalysisGST Impact Analysis
By BHARAT D SARAWGEE & CO
INDUSTRY OVERVIEW
BHARAT D SARAWGEE & CO
UPSTREAM
Exploration and production of Crude oil, natural gas
MIDSTREAM
Transportation, storage, wholesale marketing of crude
DOWNSTREAM
Refining and Marketing of petroleum products
ONGC,
OIL India,
Cairn India
Reliance Ind
IOCL
HPCL
BPCL
CPCL
GAIL India
BHARAT D SARAWGEE & CO
Oil Well
Refinery
Terminals
DepotsIndustrial
ConsumersRetail
Dealers
Consumers
ATF Stations
Consumers
LPG Bottling Plants
Dealers
Consumers
DISTRIBUTION CHAIN
BHARAT D SARAWGEE & CO
LEGAL
FRAMEWORKBHARAT D SARAWGEE & CO
Dual Model GST
� CGST for Central Taxes
� SGST for State Taxes
� Cross Credit not allowed
IGST for Interstate and Import
� Can be setoff against CGST and
SGST
� Destination Based Tax
� Consuming state will collect Tax
SGST• VAT
• Entry Tax
• Purchase Tax
• Octroi
• Luxury Tax
CGST
• ED
• Service Tax
IGST
• CVD
• SAD
• CST
BHARAT D SARAWGEE & CO
Proposed GST Rates by Empowering CommitteeProposed GST Rates by Empowering CommitteeProposed GST Rates by Empowering CommitteeProposed GST Rates by Empowering Committee
Particulars Rates
Exempted Goods and Services Nil
Precious Metal 2%-6%
Merit Goods 12%
General Rate 17%-18%
De Merit Goods 40%
The above rates are total of SGST and CGST
Only One CGST rate, SGST rate may vary within a small band BHARAT D SARAWGEE & CO
Applicability on Petroleum Products & ServicesApplicability on Petroleum Products & ServicesApplicability on Petroleum Products & ServicesApplicability on Petroleum Products & Services
Crude, Natural Gas, Motor Spirit (MS), High Speed Diesel (HSD), Aviation Turbine Fuel (ATF) out of GST to be included at a later date
WHY???�Contributes to 35% of total tax collection
of the country
�Revenue Loss if brought under GST
�No CENVAT/VAT Credit is available for MS/HSD till date
�MS and HSD still not under VAT Regime
�Specific Excise Duty on MS/HSD
Crude, Natural Gas,
MS, HSD, ATF
LPG, Kerosene, Industrial Oils,
Lubes, Bitumen etc
Transportation, Storage, Safekeeping,
Filling etc
BHARAT D SARAWGEE & CO
GST IMPACT ANALYSISBHARAT D SARAWGEE & CO
Multiple TaxesMultiple TaxesMultiple TaxesMultiple Taxes
PRODUCTS AND
SERVICES
OIL
CESS
ED SALES
TAX
VAT ENTRY
TAX/
OCTROI
SERVICE
TAX
GST
CRUDE, Natural Gas,
MS, HSD, ATF ✔ ✔ ✔ ✔ ✔
LPG, Kerosene, Lubes,
Bitumen, Industrial Oil
etc
✔ ✔ ✔ ✔
Services
✔ ✔
BHARAT D SARAWGEE & CO
CURRENT INDIRECT TAXES vs GST REGIMECURRENT INDIRECT TAXES vs GST REGIMECURRENT INDIRECT TAXES vs GST REGIMECURRENT INDIRECT TAXES vs GST REGIME
Product Current Burden of Indirect taxes GST Regime Taxes
Crude Rs 50/MT plus 5-8% Rs 50/MT plus 5-8%
Natural Gas 0-12.5% 0-12.5%
MS Rs 21500 per MT plus 15-35% Rs 21500 per MT plus 15-35%
HSD Rs 173300 per MT plus 15%-30% Rs 173300 per MT plus 15%-30%
ATF 13% - 38% 13% - 38%
LPG Dom-0-5% ND- 21%-24% 18%*
Kerosene PDS-0-5%, IND- 26%-39% 18%*
Bitumen 19%- 27% 18%
Ind Fuel 27%-36% 18%
Lubes 24%- 35% 18%
Current Burden includes Excise Duty and State taxes like VAT/Sales tax/Entry Tax, range indicating the variation in state taxes
*Domestic LPG and PDS SKO may be classified as Merit Goods in GST with a lower rate of tax BHARAT D SARAWGEE & CO
CURRENT INDIRECT TAXES vs GST REGIMECURRENT INDIRECT TAXES vs GST REGIMECURRENT INDIRECT TAXES vs GST REGIMECURRENT INDIRECT TAXES vs GST REGIME
Services Current Tax GST Regime
Transportation thru pipeline 15% 18%
Storage 15% 18%
Supply of Tangible goods 15% 18%
Renting of Immoveable Property 15% 18%
Safekeeping Charges 15% 18%
LPG Filling 15% 18%
GTA (Reverse mechanism) 3.75% 18%
BHARAT D SARAWGEE & CO
Local Purchase
Interstate Purchase
Import Purchase
Local Service
Interstate Service
Import Service
ED, VAT
BCD, CVD, SAD
ED, CST
CGST, SGST
IGST
BCD, IGST
ST
ST
ST
CGST, SGST
IGST
IGST
INP
UT
Goods
Refinery
Crude Oil
VAT/CST
VAT/CST
Gas
VAT/CST
VAT/CST
IndustryCurrent Taxes
GST Regime
OU
TP
UT
GST ON UPSTREAM
BHARAT D SARAWGEE & CO
Local Purchase
Interstate Purchase
Import Purchase
Local Service
Interstate Service
Import Service
ED, VAT
BCD, CVD, SAD
ED, CST
CGST, SGST
IGST
BCD, IGST
ST
ST
ST
CGST, SGST
IGST
IGST
INP
UT
Goods
RefineryService
ST
GST
Service
ST
GST
Industry
Current Taxes
GST Regime
OU
TP
UT
Additional
Credittable in GST
GST ON MIDSTREAM
BHARAT D SARAWGEE & CO
Local Purchase
Interstate Purchase
Import Purchase
Local Service
Interstate Service
Import Service
ED, VAT
BCD, CVD, SAD
ED, CST
CGST, SGST
IGST
BCD, IGST
ST
ST
ST
CGST, SGST
IGST
IGST
INP
UT
Goods
MS/HSD/ATF
ED, CST, VAT
ED, CST, VAT
LPG/Bitumen/
Kerosene/Lubes
ST
GST
Industry
Current Taxes
GST Regime
OU
TP
UT
Propirtionate
Credittable in GST
GST ON DOWNSTREAM
BHARAT D SARAWGEE & CO
Stranding of INPUT TAXESStranding of INPUT TAXESStranding of INPUT TAXESStranding of INPUT TAXES
• As per Section 16(6) of the model GST Act, where the goods and / or servicesare used by the registered taxable person partly for effecting taxable suppliesand partly for effecting non-taxable supplies, including exempt supplies, butexcluding `Zero-Rated Supplies, the amount of credit shall be restricted to somuch of the input tax as is attributable to the taxable supplies including zerorated supplies
• MS, HSD and ATF are non taxable supplies, hence proportionate Input Credit tobe availed
• Stranding of Input Taxes to the tune of Rs 20000 Crores for Industry ( Petrofedletter dated 21/07/16) BHARAT D SARAWGEE & CO
Impact on Other IndustriesImpact on Other IndustriesImpact on Other IndustriesImpact on Other Industries
Non availment of Cenvat Credit/VAT by other sectors using MS/HSD as input
�GST does not exclude MS/ HSD as inputs
�Negative List of various VAT Acts abolished
Denial of VAT Credit on sale of Natural Gas to other Industries
BHARAT D SARAWGEE & CO
Representation of Industry Representation of Industry Representation of Industry Representation of Industry
�Considering supplies of petroleum products as Zero rated supplies
OR
�Levying Minimum Taxes on exempt petroleum products to cover the Stranded Input Cost
OR
�Petroleum products to be brought under GST for seamless Credit availability and reduction of cascading effect of taxes
BHARAT D SARAWGEE & CO
OTHER PROVISIONS MAKING IMPACT
BHARAT D SARAWGEE & CO
Taxability of Off Shore suppliesTaxability of Off Shore suppliesTaxability of Off Shore suppliesTaxability of Off Shore supplies
IMPACT
CS, EEZ not a state
Subject to which GST
Credit available in which state
LAW
IGST to be levied on supplies in the course of interstate trade or commerce
CGST and SGST to be levied on supplies wthin the state
BHARAT D SARAWGEE & CO
Inter State Stock TransferInter State Stock TransferInter State Stock TransferInter State Stock Transfer
IMPACT
Payment of Tax on Interstate Stock transfers
Increase of Credit Pools
Blockage of fund
Increased Costs of carrying Inventory
LAW
Supply without Consideration –taxable under GST
No Specific Valuation process for Stock Transfers
BHARAT D SARAWGEE & CO
IMPACT
Taxability in all states of tap off points
Credits in all such states
LAW
Fixed establishments a place characterized by sufficient degree of permanence
Interstate Pipeline TransferInterstate Pipeline TransferInterstate Pipeline TransferInterstate Pipeline Transfer
BHARAT D SARAWGEE & CO
IMPACT
Self owned pipeline transfers taxable services
Non availment of IGST credit for Transfers of Crude,Natural Gas, MS, HSD, ATF
LAW
Interstate Self Services taxable
Interstate Self owned Pipeline ServicesInterstate Self owned Pipeline ServicesInterstate Self owned Pipeline ServicesInterstate Self owned Pipeline Services
BHARAT D SARAWGEE & CO
IMPACT
Irrecoverable taxes may reduce
Prices may go down in states where fully recovered
Reduction in Crude Procurement Cost to refineries
LAW
Entry Tax deleted from State List
Deletion of entry tax from state listDeletion of entry tax from state listDeletion of entry tax from state listDeletion of entry tax from state list
BHARAT D SARAWGEE & CO
IMPACT
Input Tax is not linked with inputs or input services
Input Credits disallowed earlier now allowed
Service tax on Secondary Transportation
Service tax on Rent
Various Marketing Expense
LAW
Input Goods and Service defined as goods or services used in making output supply
Input tax credit defined separately as CGST/SGST/IGST paid on goods or services used for furtherance of business
CenvatCenvatCenvatCenvat Credit Rules ModificationCredit Rules ModificationCredit Rules ModificationCredit Rules Modification
BHARAT D SARAWGEE & CO
IMPACT
Inclusion will increase the value of Subsidy
Blockage of Working Capital
Subsidy to be included in value even for stock transfers ?
LAW
Transaction value shall include subsidies provided in any form or manner
Value of supply to include subsidyValue of supply to include subsidyValue of supply to include subsidyValue of supply to include subsidy
BHARAT D SARAWGEE & CO
IMPACT
Whether Storage tank/Pipelines will qualify for plant and machinery ?
Plant and machinery not defined
LAW
Input Tax Credit shall not be available for
Goods or services acquired by principal in connection with execution of works contract resulting in construction of immoveable property except plant and machinery
Eligibility of CreditsEligibility of CreditsEligibility of CreditsEligibility of Credits
BHARAT D SARAWGEE & CO
IMPACT
Huge increase in transportation cost for MS/HSD/ATF- Denial of Credit
LAW
No Abatement provided for GTA services
GTAGTAGTAGTA---- RCMRCMRCMRCM
BHARAT D SARAWGEE & CO
IMPACT
Treatment of Manufacturing Losses, Storage Losses, In Transit Losses?
Mechanism of claiming remission?
Statewise different rules may create lot of issues
LAW
The Central or a State Government may provide for remission of tax on such supplies which are found to be deficient in quantity due to any natural causes
Treatment of Natural LossesTreatment of Natural LossesTreatment of Natural LossesTreatment of Natural Losses
BHARAT D SARAWGEE & CO
Administrative DifficultiesAdministrative DifficultiesAdministrative DifficultiesAdministrative Difficulties
• Current Complexities plus 30 SGST laws plus GST law plus IGST law
• Additional Registrations in each state
• Additional Returns of Inward supplies, Outward Supplies and Annual Return in each state
• Additional Assessments
BHARAT D SARAWGEE & CO
Complex Credit mechanismComplex Credit mechanismComplex Credit mechanismComplex Credit mechanism
IGST
IGST
CGST
SGST
CGST
CGST
IGST
SGST
SGST
IGST
Three Credit Pool per state
CGST-SGST Set off not allowed
Out Put Tax Liability can
be set off against Input
taxes in given order
BHARAT D SARAWGEE & CO
THANK YOU
BHARAT D SARAWGEE & CO