TaXpert
15121 Points
Joined September 2007
To determine whether VAT or service tax would be applicable, it is relevant to determine whether CERs are classifiable as goods or services. At present, indirect tax legislation does not provide guidelines for such treatment and jurisprudence on this issue is yet to evolve. In the event of CERs being taxed as goods, it is felt that they should be accorded the same treatment as electricity for VAT purposes, that is, either CERs be excluded from the purview of VAT or be specified in the schedule of exempted goods.
CERs, if made liable to indirect taxes, may adversely impact the carbon credit-trading boom in India. Indirect taxes embedded in an arrangement involving the sale or provision of services in respect of CERs would thus influence pricing and may make India a less attractive destination for carbon credit shopping. The government is expected to grant tax sops on carbon credit trading with a view to ensure its global commitment to the reduction of carbon emissions.
Lack of clarity on the treatment of CERs for indirect tax purposes exposes companies engaged in projects generating carbon credits to the threat of significant tax demands. The past year saw the Institute for Solid Waste Research & Ecological Balance urge the Centre to exempt carbon credit earnings from income tax, as well as service tax, and to issue separate orders to dispel all doubts on this issue. Various sectors had specifically sought clarification on the treatment of CERs in their Budget wish list. However, the Budget 2008 merely makes a passing reference to a trading platform for carbon emissions and does not shed any light on the aspect of taxation of CERs.
The Institute of Chartered Accountants of India (ICAI) is currently working on accounting norms for carbon credits. According to ICAI, companies who earn revenue by selling carbon credits will have to make their financial statements under the new norms from April 1. However, the new accounting norm on this issue is yet to be notified by ICAI. It, thus, has to be seen whether CERs are classified as a tradable commodity under the accounting norm.