Decision on GST on Ocean Freight & Co-operative Federalism

The Indian economy has undergone a significant transformation since the introduction of the Goods and Services Tax (GST) in July 2017. The GST, which is a comprehensive indirect tax, has replaced multiple indirect taxes that were levied at different stages of the supply chain. The GST has helped in simplifying the tax structure, reducing the tax burden on businesses, and eliminating tax cascading. The GST Council, which is the apex body for making decisions related to the GST, has been working towards resolving issues related to the implementation of the GST. In the recent past, there have been debates about the applicability of the GST on ocean freight and the role of co-operative federalism in decision-making.

The GST on Ocean Freight

Ocean freight refers to the transportation of goods by sea. The GST on ocean freight has been a subject of debate since the implementation of the GST. The issue arises because the GST is a destination-based tax, which means that the tax is levied where the goods are consumed, and not where they are produced. This creates a problem when it comes to the taxation of ocean freight. Initially, the GST was not applicable to ocean freight, as it was considered to be an export of services. However, in 2018, the Authority for Advance Ruling (AAR) held that ocean freight should be subject to the GST. This decision was based on the fact that the place of supply of ocean freight was in India, as the goods were being transported from a place in India to a place outside India. The decision of the AAR was challenged in various forums, and the matter was referred to the GST Council. In its 37th meeting, the GST Council decided to exempt the levy of the GST on ocean freight for goods that are meant for export. This decision has brought relief to exporters, who were facing an additional burden due to the levy of the GST on ocean freight.

Co-operative Federalism

Co-operative federalism refers to the collaboration between the central and state governments in decision-making. The GST is a perfect example of co-operative federalism, as it involves the central and state governments working together to formulate policies and make decisions related to the GST. The role of co-operative federalism has been debated in the context of the GST on ocean freight. Some states have been calling for the levy of the GST on ocean freight, as they believe that it would help in increasing their revenue. However, other states have been opposing the levy of the GST on ocean freight, as it would increase the cost of exports and make Indian goods less competitive in the global market. The decision to exempt the levy of the GST on ocean freight for goods meant for export is a perfect example of co-operative federalism. The decision was taken after considering the views of all stakeholders, including the central and state governments, exporters, and trade bodies.

Conclusion

The decision on the applicability of the GST on ocean freight and the role of cooperative federalism in decision-making are important issues that need to be addressed. The recent decision to exempt the levy of the GST on ocean freight for goods meant for export is a step in the right direction. The GST Council needs to continue working towards resolving issues related to the implementation of the GST, while keeping in mind the interests of all stakeholders. The GST has the potential to transform the Indian economy, and it is important that it is implemented effectively and efficiently.