CII urges govt for inclusion of petroleum products under GST ambit at earliest

18 Jan 2018 Evaluate

Confederation of Indian Industry (CII) has urged the government for inclusion of all petroleum products under the ambit of Goods and Services Tax (GST) at the earliest. It noted that as of now, petroleum products like crude oil, petrol, diesel, jet fuel or aviation turbine fuel (ATF) and natural gas are not included in GST, which kicked in from July 1, 2017. It also said that until this is done, C Forms should be continued to avoid high tax incidence on these products.

In accordance with the Industry body, though the understanding is that the previous VAT and CST rules would continue to apply to the excluded products, however, the related sectors continue to incur huge GST impact on all inputs without any set-off, as sale of crude oil and natural gas are outside the purview of GST and are subject to existing OIDA (Oil Industry Development Act) Cess, Central Sales Tax Act and State Value Added Tax. Besides, it noted that after GST rollout, credit on VAT paid on petroleum products including natural gas is not available and the amendment of the CST Act has significantly altered inter-state sale of the products. Therefore, it pointed out that post GST, there has been an increased tax cost on the products, which was not the intent of the government. It added that the central government vide Taxation Laws Amendment Act 2017, amended the definition of 'Goods' under the CST Act to include only crude petroleum, diesel, petrol, ATF, natural gas and alcoholic liquor for human consumption.

CII further stated that consequently, certain State Commercial Tax Departments have taken a narrow interpretation that the concessional rate of 2 percent against C Forms can be availed only if the specified goods are used for resale, or manufacture of the same goods and not for manufacture of any other goods, or in telecommunication, or mining, or generation of power. As a result, it noted that fertiliser companies are not eligible for C Form as the gas is used to manufacture urea and not for manufacture of natural gas. Likewise, it pointed out that automobile manufacturers are not eligible for C Form for inter-state purchase of diesel, petrol or natural gas, which they have to mandatorily fill in the tanks of new vehicles. It added that if purchasing dealer is not engaged in inter-state supply of goods (as defined under the CST Act), then he will not be liable for registration and thus not eligible for the issuance of Form-C which imposes an additional tax cost burden.

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