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May 9, 2021

FM reply to CM Mamata Banerjee for GST rate cuts

by CA Shivam Jaiswal in GST

FM reply to CM Mamata Banerjee for GST rate cuts

Copy of Letter of Request to PM from CM Mamata Banerjee

Respected Prime Minister,

I am writing to you regarding a critical issue on facilitating’ augmentation of medical system including infrastructure, equipment, medicine and oxygen, necessitated due to sudden spike in the number of COVID cases in the country in general and also in West Bengal.

We all are trying our best to face new challenges and making all efforts to channelize resources from different sources, inducting ensuring availability of, life saving drugs and oxygen for COVID treatment.

A large number of organizations, individual and benevolent agencies have come forward to donate oxygen concentrators, cylinders, cryogenic storage tanks, tankers and tank containers and COVID related drugs. Donations from these organizations will greatly supplement the efforts of the State Government in meeting the huge gap in demand and supply.

However, many of the donors and agencies have approached the State Government to consider exemption of these items from customs duty/SGST/CGST/IGST.

As the rate structure falls under the purview of the Central Government, I would request that these items may be exempted from GST/customs duty and other such duties and taxes, to help remove supply constraints of the above-mentioned life-saving drugs and equipment and contribute towards effective management of COVID pandemic.

I look forward to your kind consideration and cooperation in this critical matter

With regards,

Your sincerely

(Mamata Banerjee)

Shri Narendra Modi, Hon’ble Prime Minister of India

South Block, Raisina Hill,

New Delhi – 110 011

FM reply to CM Mamata Banerjee 16 tweets

1. Hon. CM of West Bengal @MamataOfficial has written to the Hon @PMOIndia seeking exemption from GST/Customs duty and other duties and taxes on some items and COVID related drugs.

2. A list of items for COVID relief granted exemption from IGST for imports was issued on 3rd May’21. These were given exemption from Customs Duty/health cess even earlier.

3. Full exemption from Customs duties, including IGST, is already available to ALL COVID relief material (not confined to a list) imported by @IndianRedCross for free distribution in the country.

4. With effect from 3 May, 2021, full exemption from all duties has been provided to Remdesivir injections, Remdesivir API, and for a chemical for the manufacture of this drug.

5. Also to Medical Oxygen, equipment used for the manufacture, storage and transportation of oxygen, equipment used for providing oxygen therapy to COVID patients such as Oxygen Concentrators, Ventilators, Non-invasive oxygen masks etc.

6. Also to Inflammatory diagnostic kits and reagents for COVID testing and COVID vaccines.

7. This exemption applies to all above mentioned goods when imported free of cost for free distribution in the country by any entity, State Govt, relief agency or autonomous body on the basis of a certificate issued by a State Government.

8. In order to augment the availability of these items, Government has also provided full exemption from basic customs duty and health cess to their commercial imports.

9. GST at rates varying from 5% (on vaccines), 12% (COVID drugs, oxygen concentrators) is applicable to domestic supplies and commercial import of these items.

10. If IGST Rs. 100 is collected on an item, Rs. 50 accrues to the Centre and the States each as CGST and SGST respectively. Further 41% of the CGST revenue is devolved to States. So out of a collection of Rs. 100, as much as Rs. 70.50 is the States’ share.

11. If full exemption from GST were given, the domestic producers of these items would be unable to offset taxes paid on their inputs and input services and would pass these on to the end consumers by increasing their price.

12. COVID vaccines are being provided free of cost by the GoI to those who are 45 yrs of age & above and to all frontline workers. On Government supplies, GST is also paid by the Government.

13. From the GST collected on vaccine, half is earned by the Centre and the other half by the States. Further, 41% of Centre’s collections also get devolved to the States.

14. So States end up receiving almost 70% of the total revenue collected from vaccines. In fact, a nominal 5% GST is in the interest of the domestic manufacturer of vaccine and in the interest of the citizens.

15. If full exemption from GST is given, vaccine manufacturers would not be able to offset their input taxes and would pass them on to the end consumer/citizen by increasing the price.

16. A 5% GST rate ensures that the manufacturer is able to utilise ITC and in case of overflow of ITC, claim refund. Hence exemption to vaccine from GST would be counterproductive without benefiting the consumer.

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