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Delhi High Court Questions GST Authorities’ Registration Cancellation Without Valid Cause

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In a recent case, the Delhi High Court has raised concerns over the cancellation of a company’s Goods and Services Tax (GST) registration by authorities without valid reasons. The court found fault with the rejection of the company’s application to change its principal place of business, leading to the cancellation. The order lacked a proper show cause notice (SCN) and specific reasons for the cancellation, prompting the court to direct the company to submit necessary documents in support of its application for revocation.

The petitioner, Sai Aluminium EXIM, stated that it had applied for an amendment to reflect the change in its principal place of business in June 2022. Despite not receiving a show cause notice for the rejection of its application, the company faced cancellation in May 2023, citing the non-submission of the required information.

In September 2023, an SCN proposing cancellation under legal clauses related to fraud and misstatement was issued, lacking specific reasons. The subsequent cancellation order in September did not cite any reason, and it was made retrospective from July 1. The court ruled in favour of the petitioner, emphasising that the impugned order lacked reason and voided the retrospective cancellation without proper notice.

The court directed the concerned officer to verify the company’s business operations at the claimed principal place and, if satisfied, revoke the registration cancellation. Experts, including Sandeep Sehgal from AKM Global, raised concerns about GST authorities cancelling registrations without proper justification, hindering businesses and violating principles of natural justice.

Tata Technologies IPO Sees Strong Demand on Day 2, Oversubscribed Amid Investor Enthusiasm

In a remarkable turn of events, the initial public offering (IPO) of Tata Technologies has garnered substantial attention, emerging as oversubscribed on the second day of bidding. With a price band set between ₹475 to ₹500 per share, the IPO, valued at ₹3,042.51 crore, is entirely an offer for sale (OFS) of 6.09 crore equity shares by the promoter and investors.

The subscription window for the Tata Technologies IPO opened on November 22 and is scheduled to remain active until November 24.

Key Details:

Tata Technologies, a subsidiary of Tata Motors, stands out as a pure-play manufacturing-focused Engineering Research & Development (ER&D) company, primarily dedicated to the automotive industry.

Prominent in the IPO is an offer for sale by Tata Motors, the primary promoter, who will offload 4.62 crore equity shares worth ₹2,313.75 crore. Additionally, investors Alpha TC Holdings Pte Ltd and Tata Capital Growth Fund I will collectively sell 1.46 crore shares.

Analyst Recommendations:

Market analysts widely recommend subscribing to the Tata Technologies IPO. Motilal Oswal Financial Services emphasizes the company’s niche presence, strong parentage, and strategic partnerships. Geojit Financial Services also considers the IPO reasonably priced compared to peers.

Arihant Capital Markets anticipates robust earnings growth for Tata Technologies, positioning it favourably against competitors such as Tata Elxsi, L&T Technologies, and KPIT Technologies.

Grey Market Premium (GMP) and Subscription Status:

The grey market premium for Tata Technologies IPO stands at ₹395 per share, reflecting a substantial 79% increase over the issue price. As of day 2, the IPO has been subscribed 10.22 times, with bids for over 46 crore equity shares against the available 4.50 crore shares.

Investor Enthusiasm:

Investor enthusiasm is notably high, fueled by the distinction of being the first IPO from the Tata Group in nearly two decades. The company’s improving financials, strong brand legacy, and reasonable valuations contribute to its appeal.

As the subscription period continues, Tata Technologies IPO holds promise for both short-term listing gains and long-term investment prospects, making it a focal point of interest in the current market landscape.

Zomato and Swiggy in Hot Soup: Hit with ₹500 Crore GST Notices Over Delivery Charges Dispute

In a recent development, leading online food delivery platforms, Zomato and Swiggy, have reportedly been slapped with GST notices amounting to a staggering ₹500 crore each concerning their delivery charges, as per media reports surfaced on Wednesday.

Both Zomato and Swiggy typically levy charges under the tag of delivery fees from their customers. However, this financial practice has sparked continual disagreements between tax authorities and these food delivery giants, amassing a sum of nearly ₹1000 crore, according to reliable sources.

When probed for commentary on this issue, Zomato declined to provide any statement, while Swiggy remained mum. Clarifying their stance, both Zomato and Swiggy emphasise that the ‘delivery charge’ primarily accounts for the expenses incurred by the delivery partners who transport food directly to customers’ doorsteps. These companies assert that they merely collect these costs from customers and subsequently transfer them to the delivery partners. However, tax officials seem to contest this explanation, as outlined in the reports.

Notably, last month, Swiggy took a step to increase its platform fee for food orders from ₹2 to ₹3. A spokesperson from Swiggy, while speaking to IANS, noted that this adjustment in platform fees represents a common practice observed among various service providers across industries, highlighting its prevalence.

Adding to the timeline of changes, in April, Swiggy introduced a platform fee of ₹2 per order, irrespective of the order’s value. In a similar move, Zomato also escalated its platform fee from an initial ₹2 to ₹3 per order back in August.

An important shift in Zomato’s policy involved the commencement of charging the platform fee from Zomato Gold users, who were previously exempted from such charges. The ongoing dispute between these food delivery titans and tax authorities regarding the categorisation and taxation of delivery fees remains a matter of contention, with both sides holding firm to their perspectives.

This incident further escalates the already existing discord between tech-based platforms and regulatory bodies, underscoring the ongoing challenges faced in aligning taxation practices with the evolving dynamics of the digital economy.

According to Vakilsearch experts, the ongoing disagreement between Zomato, Swiggy, and tax authorities is a classic instance of ambiguity in tax regulations within the digital economy. The interpretation of delivery charges as an expense passed onto delivery partners is contentious. This scenario highlights the need for clearer guidelines to align with the constantly evolving dynamics of online platforms. Clarity in taxation laws is vital to prevent such clashes that impact businesses and consumers alike.

In the wake of disputes like the Zomato-Swiggy tax tiff, legal expertise becomes pivotal for businesses navigating complex regulations. Vakilsearch offers comprehensive legal support to tackle tax ambiguities, ensuring compliance and safeguarding against substantial penalties. Connect with Vakilsearch today to secure your business from regulatory hurdles and ensure a seamless operational journey in the digital landscape.

Controversial NGOs Under Scanner for Alleged FCRA Violations

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The Legal Rights Protection Forum, a prominent legal activist group, has sent a fervent plea to the Chairperson of the National Commission for Protection of Child Rights on November 6, urging swift action against the Tuticorin Diocesan Association, a Tamil Nadu-based non-governmental organisation, for alleged violations.

The Forum called upon the Commission to request the Enforcement Directorate (ED) and other pertinent intelligence agencies to initiate a case and pursue further action against the NGO. It emphasised the need to form a multi-disciplinary team comprising child welfare experts, chartered accountants, and law enforcement officials to conduct a comprehensive investigation into the NGO’s activities.

Highlighting the concerning issue, the activist group alleged that despite the suspension and subsequent cancellation of its FCRA (Foreign Contribution Regulation Act) registration in 2015 by the former Union Law Minister, Kiren Rijiju, due to adverse reports from intelligence agencies, the Tuticorin Diocesan Association had continued to receive substantial foreign funds, amounting to ₹4,45,07,214, into its designated Bank of Baroda account.

The NGO’s claim of utilising funds for running homes for destitute children, specialised adoption agencies, educational institutions, and religious places was met with scepticism by the group. The Indian government’s stance during the FCRA registration suspension/cancellation, citing the misuse of foreign funds for ‘anti-national activities’, further fueled concerns regarding the NGO’s intentions.

According to the Legal Rights Protection Forum’s detailed analysis, the flow of funds supposedly directed towards ‘Child Welfare’ was deemed a façade concealing purported anti-national activities that could significantly impact the nation’s territorial integrity, economic prosperity, and political stability.

‘The continued receipt and large-scale diversion of funds, despite FCRA license cancellation, warrant a thorough investigation by concerned authorities,’ emphasised a spokesperson for the Legal Rights Protection Forum.

The allegations expanded beyond the Tuticorin Diocesan Association, encompassing the Christian NGO ‘Jesus Redeems,’ based in Tuticorin, led by Mohan C Lazarus. This NGO faced accusations of disturbing communal harmony by making anti-Hindu statements during religious gatherings, violating FCRA norms through an interconnected US-based charity organisation, ‘Jesus Redeems Ministries Inc.,’ led by Lazarus.

The Legal Rights Protection Forum stressed the urgency of suspending and revoking the FCRA license of ‘Jesus Redeems’ owing to alleged violations, echoing similar demands made against other organisations accused of FCRA transgressions.

The Ministry of Home Affairs has been actively investigating allegations against NGOs like ‘The Other Media’ for purportedly misusing foreign funds in organising protests around the Vedanta Sterlite Copper plant in Thoothukudi, Tamil Nadu. Minister of State for Home Affairs, Nityanand Rai, affirmed the examination of complaints against the New Delhi-based NGO for potential FCRA violations.

Earlier instances involving NGOs like the Tuticorin Diocesan Association, Tuticorin, the East Coast Research and Development Trust, Thoothukudi, and Greenpeace India Society, Chennai, saw their FCRA registrations revoked, and their bank accounts frozen post-investigations.

The release by the Press Information Bureau of the Ministry of Home Affairs in 2015 highlighted the actions taken against these organisations, including placing Greenpeace International under watch and referring the case of the Centre for Promotion of Social Concerns, Madurai, to the Central Bureau of Investigation (CBI).

In a recent development in January 2022, the Central Bureau of Investigation registered a case against the programming unit of the Centre for Promotion of Social Concerns, People’s Watch, headed by Henri Tiphagne, further intensifying the scrutiny on organisations accused of FCRA violations.

These NGOs, actively involved in anti-development activism across South India and participating in protests against major projects, continue to face increased scrutiny and legal actions over alleged FCRA violations.

Disclaimer: All allegations against mentioned NGOs are subject to investigation and have not been conclusively proven.

The unfolding investigations signify a deepening focus on ensuring stringent adherence to FCRA norms, aiming to safeguard against misuse of foreign funds and uphold national interests.

Vakilsearch legal experts emphasise the criticality of upholding FCRA norms to maintain transparency in NGO funding. The recent allegations underscore the necessity for stringent legal compliance and vigilance in financial operations. Upholding the law ensures trust and credibility within the sector, vital for societal impact and sustainable operations.

In navigating complex legal landscapes, ensuring compliance with FCRA norms is pivotal for NGOs to maintain trust and legality. Vakilsearch offers expert legal guidance to ensure adherence to regulations, protecting against potential violations and safeguarding organisational integrity. With our tailored legal services, stay compliant and build a credible foundation for impactful operations. Contact Vakilsearch today for comprehensive legal support.

Unlocking Tax Efficiency: High-Net-Worth Individuals Embrace LLPs for Optimal Wealth Management

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New Delhi, India High-net-worth individuals (HNWIs) are increasingly turning to Limited Liability Partnerships (LLPs) as a strategic tax optimisation move, experts reveal. LLPs, with a distinct tax rate of 34.94% on total income, stand out from other business structures, offering a unique advantage for tax planning and reduction. The key feature of LLPs lies in the exemption of tax on profit distribution, resulting in a streamlined single layer of taxation, significantly easing the tax burden for HNIs utilising this avenue.

Illustrating the potential benefits, Lokesh Shah, a partner at IndusLaw, presents a hypothetical scenario. In contrast to the standard tax rate of 42.74% (39% under the new tax regime) for individuals in the highest tax bracket receiving dividends, an HNI holding shares through an LLP could enjoy a more favourable effective tax rate of 34.94% on dividends received.

Experts emphasise that the adoption of LLPs for tax optimisation is well within the legal boundaries set by authorities. S Sriram, a partner at Lakshmikumaran and Sridharan, highlights the lower tax rates on LLPs compared to HNIs in the maximum tax bracket. Mukesh Kochar, National Head of Wealth at AUM Capital, notes the significant surcharge difference—27% for HNIs and 12% for LLPs. This leads to a substantial tax rate arbitrage of around 8%, a considerable advantage for ultra HNIs.

Kochar suggests that HNIs can achieve tax savings by establishing LLPs with family members as ultimate investors. While the base tax rate for both HNIs and LLPs is 30%, the higher tax bracket for LLPs is 34.944%, compared to 42.744% for Ultra HNIs.

In the realm of tax-saving strategies, experts stress the importance for HNIs to strategically undertake investments or expenses. Section 80C of the Income Tax Act, 1961, provides deductions of up to ₹ 150,000 for various investments, such as Public Provident Fund (PPF), Equity Linked Savings Scheme (ELSS) mutual funds, National Savings Certificates (NSC), Employee Provident Fund (EPF), tax-saving fixed deposits, life insurance premiums, tuition fees, and home loan principal repayments.

Regarding capital gains income, HNIs traditionally invest in government-issued bonds under Section 54EC of the Income Tax Act, 1961, to seek exemptions. However, recent changes in the Finance Act, of 2023, have limited several avenues available to HNIs, including introducing a cap of ₹ 10 crore for capital gains invested in residential property.

HNIs’ Strategic Relocation and Tax Optimisation Trends

Interestingly, HNIs are strategically relocating family offices to Gift City and other low-tax jurisdictions outside India to optimise investment returns. Family Investment Funds (FPIs) established in Gift City benefit from 10-year tax exemptions and relaxed exchange control regulations, facilitating flexible fundraising and international investments. Some countries within a short flight distance from India offer minimal to zero taxation on personal income.

S Sriram points out that recent reports indicate a significant number of HNIs have moved out of India, citing potential tax savings as a primary motivation. Shifting residence to countries with lower taxes could result in savings of close to 40% on non-India-sourced income.

In addition, newer investment instruments are being explored to reduce tax effects, although the scope of tax savings through complex investment structures has diminished over the last decade.

Corporate Updates: Penalties, Resignations, and Regulatory Actions in the Business World

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Stocks in Focus: Explore the companies attracting attention ahead of the market opening on November 20, 2023. Along with the company names, latest updates regarding each company is also given. 

Larsen & Toubro Faces Tax Penalties in Qatar:

The General Tax Authority of Qatar has levied penalties on Larsen & Toubro, amounting to 4,86,80,120 QAR for FY17 and 5,58,22,856 QAR for FY18. The company has appealed, citing the arbitrary nature of the penalties.

Resignations at Jio Financial Services:

Directors Sethuraman Kandasamy, Jagannatha Kumar Venkata Gollapalli, and Jayashri Rajesh have stepped down from their positions at Jio Financial Services, effective from November 17.

Kotak Mahindra Bank Faces GST Order:

The Government of Maharashtra’s Department of Goods and Service Tax has ordered Kotak Mahindra Bank to pay Rs 34,99,796 for alleged GST credit excess and non-payment of GST under reverse charge during the assessment period of July 2017–March 2018.

Vedanta’s Ratings Downgraded and GST Demand Order:

CRISIL Ratings has downgraded Vedanta’s long-term facilities, and the company faces a GST demand order of Rs 1,38,54,401. Vedanta plans to appeal the GST decision.

Mazagon Dock Shipbuilders Goes Ex-Dividend:

State-owned Mazagon Dock Shipbuilders declares an interim dividend of Rs. 15.34 per share for the current financial year, effective November 20.

IndusInd Bank Appoints Arun Khurana as Executive Director:

The Reserve Bank of India has approved the appointment of Arun Khurana as the whole-time director of IndusInd Bank for three years, effective from November 16.

Delhivery Witnesses Stake Sale by Softbank:

Softbank has sold 2.49 per cent of its stake in Delhivery through open market transactions, amounting to Rs 738.64 crore.

Bajaj Finance Suspends EMI Card Issuance:

Bajaj Finance temporarily halts issuing Existing Member Identification Cards (EMI cards) to new customers due to observed deficiencies by RBI.

Penalty Imposed on Bharti Airtel:

The Department of Telecommunications in Andhra Pradesh imposes a penalty of Rs 1.07 lakh on Bharti Airtel for alleged violations of subscriber verification norms.

Poonawalla Fincorp Faces GST Penalty:

Poonawalla Fincorp receives a penalty order of Rs 2.87 lakh for excess GST input, covering FY18, FY19, and FY20.

Aurobindo Pharma Receives Positive US FDA Inspection:

The US FDA concludes a pre-approval inspection at Aurobindo Pharma’s facilities in Telangana with zero observations and a classification of No Action Indicated (NAI).

Exide Industries Settles Long-Pending Lawsuits:

Exide Industries settles suits pending since 2006, with Vertiv Company Group agreeing not to use the CHLORIDE mark in India, bringing a long-standing legal dispute to an end.

Cipla’s Guarantee for Medpro Pharmaceutica:

Cipla issues a Facility Demand Guarantee of ZAR 945 million to First Rand Bank, South Africa, for extending banking facilities to its subsidiary, Medpro Pharmaceutica.

SBI Cards Responds to RBI Measures:

SBI Cards and Payment Services comment on the impact of RBI regulatory measures on consumer credit, anticipating a 4 percent reduction in capital adequacy.

RITES Secures Locomotive Tender:

RITES wins a tender for 10 diesel electric locomotives worth $37.68 million from CFM Mozambique but loses the tender for 300 high-side waggons.

NBCC Collaborates with ICAI for Building Projects:

NBCC signs a Memorandum of Understanding with the Institute of Chartered Accountants of India for planning, designing, and executing building projects.

Birla Corporation Granted API Monogram:

Birla Corporation’s cement plant is granted a license by the American Petroleum Institute to use the official API monogram on manufactured products.

CFO Resignation and Appointment at Gujarat Alkalies & Chemicals:

Vinayak Kudtarkar resigns as CFO, and Ram Gianani is appointed as CFO of Gujarat Alkalies & Chemicals.

Interest Rate Hike by South Indian Bank:

South Indian Bank increases its marginal cost of funds-based lending rates (MCLR) by 5 bps for multiple tenors, effective from November 20.

Oriental Rail Infrastructure Secures Orders:

Oriental Rail wins orders worth Rs 19.92 crore from Rail Coach Factory (RCF), Kapurthala, Indian Railways, to manufacture and supply seats and berths for AC 3-tier and 2-tier coaches.

Sunrest Lifescience Lists on NSE Emerge:

Healthcare and personal care products supplier Sunrest Lifescience lists its equity shares on the NSE Emerge, with an issue price of Rs. 84 per share.

Bondada Engineering Receives Orders from Dinesh Engineers:

Bondada Engineering received work orders worth Rs 32.72 crore from Dinesh Engineers to supply 40-metre towers with accessories.

Maintenance at Electrosteel Castings:

Electrosteel Castings announces maintenance of its blast furnace at the Khardah unit, expected to be operational after 3 to 4 weeks.

Appointment of Chief Vigilance Officer at Indian Railway Finance Corporation:

Pranav Kumar Mallick is appointed as part-time Chief Vigilance Officer of Indian Railway Finance Corporation, an additional charge for three years, approved by the Central Government.

RBI Ups Consumer Loans’ Risk Weights

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In an effort to curb the surging credit binge, the Reserve Bank of India (RBI) has raised risk weights on consumption loans, credit card exposures, and loans to non-bank financiers by 25 percentage points each. This move aims to slow down the rapid growth in these sectors by requiring higher consumption of capital. However, it comes with potential consequences for borrowers who may face increased costs, as lenders compensate for the heightened capital requirements.

The increase in risk weights particularly impacts personal loans, credit cards, and loans to non-banking financial companies (NBFCs). This adjustment, effective for both existing and new loans, may prompt lenders to either shift towards more secured loans or reduce the volume of unsecured loans. Interest rates on personal loans, for instance, could see an uptick.

Leading financial institutions, including HDFC Bank and SBI Cards & Payment Services, are expected to be significantly affected, leading to a contraction in common equity tier one (CET 1) ratios.

The RBI’s decision is a response to the exponential growth in consumer credit and the escalating reliance of non-banking financial companies on bank loans. The regulator has expressed concerns about the surge in unsecured loans, such as credit cards, which have outpaced overall credit growth. This move reflects the RBI’s commitment to maintaining financial stability and preventing unchecked lending practices.

The directive also calls for a review of sectoral exposure limits for consumer credit by banks and non-bank financiers. In the absence of internal limits, lenders are urged to establish board-approved limits on various sub-segments under consumer credit, with a specific focus on unsecured consumer credit exposures.

While this adjustment was anticipated for consumer loans, the unexpected increase in risk weight for lending by banks to non-banks has raised concerns about potential spillover effects on corporate bonds, impacting yields and credit spreads for non-banks.

The financial sector, including banks and NBFCs, has been proactively taking measures to mitigate risks associated with personal loans, particularly those below ₹50,000, given their unsecured nature. Institutions like Aditya Birla Finance are tightening underwriting processes and monitoring portfolios closely, while fintech non-banks like Mcapital are temporarily halting fresh unsecured loans.

As the RBI aims to strike a balance between sustaining credit growth and ensuring financial stability, the impact of these risk weight adjustments will unfold in the coming months, influencing lending strategies and customer borrowing costs across the financial landscape.

National Consumer Commission Upholds ₹ 14 Lakh Compensation to Woman Who Found Nuts and Bolts Inside Her Body After Surgery

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The National Consumer Disputes Redressal Commission (NCDRC) has upheld a compensation of ₹ 13.77 lakh for a woman who discovered nuts and bolts inside her body 12 years after a hysterectomy at a Puducherry nursing home. The ruling follows the State Consumer Commission’s decision, with the NCDRC emphasising the woman’s immense pain, suffering, and financial losses.

Members Sudip Ahluwalia and J Rajendra affirmed the previous order, acknowledging the complainant’s hardships and the impact on her daily life. Despite the lack of specific financial documents, the NCDRC found her deserving of appropriate compensation for the clinic’s negligent operation.

The complainant, post-1991 surgery, experienced health issues, leading to a 2003 surgery revealing foreign objects left inside her as a ‘nut and bolt.’ The NCDRC held the clinic responsible, dismissing claims of other surgeries and emphasising the complainant’s uninformed state due to medical negligence.

Advocates for the clinic argued against evidence and raised concerns about the 12-year delay, deeming the complaint time-barred. However, the NCDRC rejected these arguments, noting that the foreign objects’ existence was confirmed in 2003, leading to their removal.

The case underscores the significance of medical accountability and the consumer’s right to compensation for negligence. As the NCDRC maintains the awarded compensation, this ruling sets a precedent for prioritising patient safety and holding healthcare providers accountable for lapses in care.

New GST Rule May Affect Business

The All Kerala GST Practitioners Association voiced apprehensions on Wednesday, stating that the recent implementation of Rule 37A in the Goods and Services Tax (GST) framework could have adverse effects on businesses. The rule introduces a significant change in input tax credit (ITC) reversal, potentially burdening buyers with the tax liability if the seller fails to fulfil their tax obligations.

Under Rule 37A, if a supplier is unable to pay taxes on time, the buyer becomes responsible for settling the tax and interest on behalf of the seller. The conventional GST process mandates that the selling entity reports the tax in the GST return as per the issued bill. However, with the new rule, if the supplier only files GSTR 1 without submitting GSTR 3B within the stipulated time frame, the buying firm must pay the ITC shown on the bill along with interest.

GST practitioners, such as Santosh Jacob, express concerns about the potential double burden on buyers, emphasising the need for stringent provisions to transfer tax responsibility from the seller to the buyer. Rule 37A sets a deadline for addressing issues in the tax returns of the financial year 2022-23 by November 30, 2023, to avoid ITC reversal.

The business community remains watchful as this new rule unfolds, mindful of its potential implications on tax liabilities and operational complexities.

Centre Committed to Improving Efficiency in Tax Administration, Says Nirmala Sitharaman

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In a virtual stone-laying ceremony on November 16, Finance Minister Nirmala Sitharaman emphasised the Central Government’s dedication to improving infrastructure and efficiency in tax administration. The construction of ‘GST Bhavan’ for the Tirupati CGST Commissionerate reflects this commitment, showcasing the government’s focus on bolstering vital administrative resources.

Sitharaman applauded the positive revenue trends of the CGST and Customs Vizag zone. In support of taxpayers, she announced the approval of biometric-based Aadhaar authentication through GST Seva Kendras in Andhra Pradesh, streamlining processes for a more user-friendly experience.

The Tirupati Commissionerate’s notable GST collection of ₹8,264 crore last year and ₹5,019 crore up to September 2023 highlights significant progress. Sitharaman attributed this growth, a remarkable 300% increase in the GST regime, to key sectors such as the manufacturing of passenger vehicles, cement, and automotive batteries.

Addressing the ceremony virtually, Sanjay Malhotra, Secretary of the Department of Revenue, stressed the synergy between revenue growth and law enforcement. He urged the expedited resolution of matters related to prosecution for a more efficient tax administration.

The event saw participation from Central Board of Indirect Taxes and Customs (CBIC) Chairman Sanjay Kumar Agarwal, Zonal Member Vivek Ranjan, and Chief Commissioner (Visakhapatnam zone) Sanjay Pant, underlining the collaborative effort toward enhancing tax administration in the region.