NATIONAL LAW UNIVERSITY ODISHA

SUBJECT: INDIRECT TAXATION

TOPIC: GST AND ITS IMPACT ON AGRICULTURAL ECONOMY

Submitted by:

ANANYA SINGHAL [16BBA008]

Course Teachers:

MS. PRIYANKA ANAND

(Asst. Professor of Law)

MS. ANURUPA CHETIA

 (Research Associate cum Teaching Assistant)

TABLE OF CONTENTS

INTRODUCTION....................................................................................................................3

A. NATIONAL AGRICULTURAL MARKET (NAM)...................................................4

IMPACT OF GST ON AGRICULTURAL SECTOR..........................................................5

1. Effect of GST on the manufacturing cost of Agri – inputs..................................5

2. Effect of GST on the retail price of agri – inputs.................................................6
3. Effect of implementation for agri – inputs on the agricultural growth................6
4. Effect of GST implementation on the farmer’s profitability...............................6
5. Effect of GST on the export market of agri – inputs............................................6
6. Effect of GST on the imports of agri – inputs in the country..............................6
CHANGES IN TAX RATES AFTER GST...........................................................................7

1. Fertilizers..............................................................................................................7
2. Pesticides..............................................................................................................7
3. Tractors................................................................................................................7
4. Pumps...................................................................................................................7
5. Agri-Commodities................................................................................................7
6. Fresh Produce.......................................................................................................7
7. Frozen Produce.....................................................................................................7
8. Processed Produce................................................................................................7
MERITS AND DEMERITS....................................................................................................8

Merits.............................................................................................................................8
Demerits.........................................................................................................................8
CONCLUSION.........................................................................................................................9
 INTRODUCTION

Presently, the tax structure of India is very complex. Looking to the global developments and
tax structure of developed countries, GST is the need of the hour and will be the biggest
reform in Indian taxation since 1947. Clause 366(12A) of the Constitution Bill defines GST
as “goods and services tax” means any tax on supply of goods, or services or both except
taxes on the supply of the alcoholic liquor for human consumption. Further the clause
366(26A) of the Bill defines “Services” means anything other than Goods. Thus it can be said
that GST is a comprehensive tax levy on manufacture, sale and consumption of goods and
services at a national level. The proposed tax will be levied on all transactions involving
supply of goods and services, except those which are kept out of its purview. Amidst
economic crisis across the globe, India has posed as a beacon of hope with ambitious growth
targets, supported by slew of strategic missions like ‘Make in India’, ‘Digital India’, etc.
Goods and Services Tax (GST) is expected to provide the much needed stimulant for
economic growth in India by transforming the existing basis of indirect taxation towards free
flow of goods and services within the economy and also eliminating the cascading effect of
tax on tax. In view of the important role that India is expected to play in the world economy
in the years to come, the expectation of GST being introduced is high not only within the
country, but also in neighboring countries and in developed economies of the world. The
implementation of GST will affect the working of every sector of the Indian economy,
including the most vital and vulnerable component of the Indian Economy, i.e. Agriculture
Sector, which contributes approximately 16% to the national GDP. Agriculture in all fields
always had the soft corner because of which exemptions from taxes as relief has always been
provided to this industry and indirect tax is no exception with GST following the same. All
basic agriculture goods (not processed) which are not chargeable under current VAT Laws
would not be charged to tax in GST. Ÿ Service tax also exempts several services in relation to
agricultural produce. However, there is an exemption in the indirect tax in the agricultural
sector but, current 4% VAT will increase to 8% on many food items including cereals and
grains as the exemption under VAT is limited to unprocessed food. Thus, there is a need to
explore the possible implications of the GST on the Indian Agricultural Sector. This study
will mainly focus on the agro – inputs segment of the agricultural sector of the economy.

The impact of GST on agricultural sector is foreseen to be positive. The agricultural sector is

the largest contributing sector the overall Indian GDP. It covers around 16% of Indian GDP.
The implementation of GST would have an impact on many sections of the society. One of
the major issues faced by the agricultural sector is the transportation of agriculture products
across state lines all over India. It is highly probable that GST shall resolve the issue of
transportation. GST may provide India with its first National Market for the agricultural
goods. There are a lot of clarifications which need to be provided for rates for agricultural
products. Special reduced rates should be declared for items like tea, coffee, and milk under
the GST.

A. NATIONAL AGRICULTURAL MARKET (NAM)

A scheme for the promotion of National Agricultural Market (NAM) is introduced by the

central government. Involving all the farmer and traders in the regulated markets with a
common e-commerce platform for a transparent, impartial trade of agri-commodities can be
termed as National Agricultural Market. Due to the different state VAT and APMC
(Agricultural produce market committee) laws, implementation of NAM scheme would be
challenging.

GST is crucial for creating a path regarding the successful implementation of NAM. Most of
the indirect taxes levied on agricultural products, would be subsumed under GST. GST would
provide each trader, the input credit for the tax paid on every value addition. This will create
a transparent, hassle-free supply chain which would lead to free movement of agri-
commodities across India.

Most of the agricultural commodities are perishable in nature. An improved supply chain
mechanism due to GST would reduce the time taken for inter-state transportation. The benefit
of reduction in time would be passed on to the farmers/retailers. Some states in India like
Maharashtra, Punjab, Gujarat, and Haryana earn more than Rs. 1000 crores from charging
CST/OCTROI/Purchase Tax. GST would subsume all the above taxes. Hence these states
would need to be compensated for the loss of revenue.
 IMPACT OF GST ON AGRICULTURAL SECTOR

GST is essential to improve the transparency, reliability, timeline of supply chain mechanism.
A better supply chain mechanism would ensure a reduction in wastage and cost for the
farmers/retailers. GST would also help in reducing the cost of heavy machinery required for
producing agricultural commodities. Under the model GST law, dairy farming, poultry
farming, and stock breeding are kept out of the definition of agriculture. Therefore these will
be taxable under the GST.

Fertilisers an important element of agriculture was previously taxed at 6% (1% Excise + 5%

VAT). In the GST regime, the tax on fertilisers has been increased to 12%. The same impact
is on Tractors. Wavier on the manufacture of Tractors is removed and GST of 12% has been
imposed. This is beneficial as now the manufacturers will be able to claim Input Tax Credit

India’s milk production in 2015-16 was 160.35 million ton, increased from 146.31mt in
2014-15.Currently, only 2% VAT is charged on milk and certain milk products but under
GST the rate of fresh milk is NIL and skimmed milk is kept under 5% bracket and condensed
milk is going to be taxed at the rate of 18%. Tea is probably one of the most crucial items in
an Indian household. The price of tea might also increase due to the tax rate of 5% under
GST rate from the current average VAT rate of 4-5% with Assam and West Bengal with the
exception of 0.5 and 1%.

As per the Model GST law “agriculture" with all its grammatical variations and cognate
expressions, includes floriculture, horticulture, sericulture, the raising of crops, grass or
garden produce and also grazing, but does not include dairy farming, poultry farming, stock
breeding, the mere cutting of wood or grass, gathering of fruit, raising of man-made forest or
rearing of seedlings or plants. Therefore, these will be taxable under the GST. According to
the experts, the main impact that GST in agriculture would bring is the inflation with
currently 4% VAT being increased to 8% on many food items including cereals and grains as
the exemption under VAT is limited to unprocessed food. The most affected from the
inflation would be the consumers living below the poverty line. According to the survey
conducted, approximately 60% of the respondents think that GST will have a positive impact
on the Indian agricultural sector, however, 27% of the total respondents think the other way
round.

1. EFFECT OF GST ON THE MANUFACTURING COST OF AGRI – INPUTS

Manufacturing cost is the major component for any industry as if manufacturing cost rises,
the price of the end product rises. This is because, manufacturers pass on the additional cost
to the consumers. However, with the implication of GST, agricultural sector is expected to
benefit, while the manufacturing cost of the agri – inputs are likely to rise.

2. EFFECT OF GST ON THE RETAIL PRICE OF AGRI – INPUTS

The retail price of the agri – inputs are directly affected by the manufacturing cost of the
products. Thus, if manufacturing cost increases, the retail price of the product also increases
and vice – versa. According to experts’ opinion, retail price will increase for states where the
products were already exempted (example Irrigation Systems in Rajasthan/Haryana/Gujarat),
on the other hand other states were charging VAT.

3. EFFECT OF IMPLEMENTATION FOR AGRI – INPUTS ON THE AGRICULTURAL

GROWTH
The implementation of GST will give more relief to agriculture through a more
comprehensive and wider coverage of input tax set-off and service tax set-off, subsuming of
several Central and State taxes in the GST and phasing out of CST. The transparent and
complete chain of set-offs which will result in widening of tax base and better tax compliance
may also lead to lowering of tax burden on an average dealer in agriculture.

4. EFFECT OF GST IMPLEMENTATION ON THE FARMER’S PROFITABILITY

Farmers’ profitability largely depends upon tax structure for the inputs unitized by them.
This is because it determines the cost of production for the farmers. Lower the cost of
production, higher are the possibilities of him getting larger profits.

5. EFFECT OF GST ON THE EXPORT MARKET OF AGRI – INPUTS

The subsuming of major Central and State taxes in GST, complete and comprehensive set-off
of input goods and services and phasing out of Central Sales Tax (CST) would reduce the
cost of locally manufactured goods and services. This will increase the competitiveness of
Indian goods and services in the international market and give boost to Indian exports. The
uniformity in tax rates and procedures across the country will also go a long way in reducing
the compliance cost

6. EFFECT OF GST ON THE IMPORTS OF AGRI – INPUTS IN THE COUNTRY

In general, with Constitutional Amendments, both CGST and SGST will be levied on import
of goods and services into the country. The incidence of tax will follow the destination
principle and the tax revenue in ICFA Implication of GST on the Agri – Inputs Market in
India: Survey Report 9 case of SGST will accrue to the State where the imported goods and
services are consumed. Full and complete set-off will be available on the GST paid on import
on goods and services.

CHANGES IN TAX RATES AFTER GST

1. FERTILIZERS
Earlier, fertilizers were subjected to a 0-8% VAT which, after GST, will attract 12% tax. This has
increased the prices of fertilizers by 5-7%.

7.  PESTICIDES
Pesticides have been put in the 18% tax slab, increasing from the pre-GST 12% duty and VAT of 4-5% in
some states.

8.  TRACTORS
Tractors have been placed in 12% excise slab, while several of its components and accessories have been
put in the 28% slab.

9.  PUMPS
GST rate on pump sets has been decreased to 18% from 28%, thus, reducing manufacturing costs and
driving sales indirectly.

10.  AGRI-COMMODITIES
Highly used agri-commodities such as rice, wheat, milk, fresh fruits, and vegetables are placed in the zero
tax slab. This helps in evading tax, cess, and Arhatiya commission imposed by some States.

11.  FRESH PRODUCE

Fresh fruits and vegetables are not subject to any taxes. However, higher rates of 12% and 18% have been
introduced for dry fruits and preparations from fruits and vegetables, such as fruit jellies, pastes, jams or
juices which were taxed at a rate of 5% earlier.

12.  FROZEN PRODUCE

Frozen or chilled fruits and vegetables whether cooked or uncooked, preserved fruits, vegetables and nuts,
and areca nuts are taxed at 5%.

13.  PROCESSED PRODUCE

Processed foods like fruit and vegetable juices under GST will be taxed at 12%, up from 5%. Some items
like fruit jams, jellies, marmalades, etc. will be taxed even higher at 18%.
 MERITS AND DEMERITS

MERITS
 The agriculture sector would be exempted from undertaking GST compliances as
well.
 All basic agriculture goods (not processed) which are not chargeable under
current VAT Laws would not be charged to tax in GST.
 Service tax also exempts several services in relation to agricultural produce. But the
definition of agricultural produce has always attracted disputes. Thus, the new definitions as
per GST section 2(7) which defines agriculture and 2(8) which defines agriculturist holds
importance with avoidance of further notification to not complicate the definition. As
agriculturist would come under non-taxable person it holds importance to them as they would
not be required to comply with GST compliances after falling into the above definition.
DEMERITS
 Shortages in agricultural goods which are imported as domestic produce could not
fulfil the requirement are charged with custom duty. As custom duty would not be subsumed
in GST custom duty would continue. Hence, the exemption from basic duty on basic
agricultural produce like pulses would continue.
 The main impact that GST in agriculture would bring is the inflation with currently
4% VAT being increased to 8% on many food items including cereals and grains as the
exemption under VAT is limited to unprocessed food. The most affected from the inflation
would be the consumers living below the poverty line.
 CONCLUSION

An increase in the cost of few agricultural products is anticipated due to the rise in inflation
index for a brief period. Though, implementation of GST is going to benefit a lot, the
farmers/ distributors in the long run as there will a single unified national agriculture market.
GST would ensure that farmers in India who contribute the most to GDP, will be able to sell
their produce for the best available price.
Agricultural sector is based on perishable items. And as foreseen in the Goods and Services
Tax regime, if the supply chain evolves into something better, improving quick movement of
goods, it will allow less food to be wasted. The profit in turn will go the farmers and the
retailers, too. This will happen because interstate transportation of goods, here perishable
food, will be easier. However, as the farm sector will remain largely exempt from GST, any
input taxes suffered on inputs used in the farm sector such as seeds, fertilizers, pesticides,
tractors etc., will remain blocked and contribute to increase in prices of farm output. Farm
output prices are controlled by market forces and the farmer has little control. As the input
price rises and output price remains stagnant, the farmer will have no option but to absorb the
cost, thus increasing his burden. Indian farmer is already reeling under tremendous pressure
from many ends and the increased burden of taxes will create a crater in his income. If
somehow, the output prices increase, the nation will suffer as the food prices will go up, thus
creating trouble for the common man. The government needs to be very cautious in
implementing the new tax system and should have extra concern towards the farmers. Even a
slightest burden on farmers will result in manifold distress and misery, they being the most
vulnerable community of the country. However, a smooth GST regime can break inter-state
barriers on movement and facilitate direct linkage between processors and farmers. This can
transform the operations of mandis too if other necessary reforms to free up agricultural
markets are undertaken.