Professional Documents
Culture Documents
MODULE 4
GOODS & SERVICES TAX (GST)
Goods and Services Tax (GST) is an indirect tax levied on the supply of goods
and services. GST is a single tax on the supply of goods and services, right from
the manufacturer to the consumer. The tax came into effect through the
implementation of One Hundred and First Amendment Act, 2016 of the
Constitution of India by the Indian Government.
The Goods and Services Tax Act was passed in the Parliament on 29th March
2017. The Act came into effect on 1st July 2017. France was the first country to
implement the GST in 1954, and since then an estimated 160 countries have
adopted this tax system in some form or another.
4 MAIN CHARACTERISTICS
• Comprehensive
• Multi-stage
• Destination-based
• Levied on every value addition
BACKGROUND
Earlier the system of indirect taxation mainly included
• Sales tax
• Excise duty
• Service tax
SALES TAX
Sales tax was levied for all sales during production till consumption of goods.
But the problem was that it had cascading effect ie tax on tax. To solve this issue
VAT or Value added tax was brought in which levied tax only on value added
during each stages of production. See the table of different production stages
and taxation pattern from producer to consumer.
STAGES OUTPUT OF SALES TAX VALUE ADDED VAT
EACH STAGE (10%)
PRODUCER Rs 10,000 Rs 1000 Rs 10,000 Rs 1000
(FARMER)
MANUFACTURIN Rs 20,000 Rs 2000 Rs 10,000 Rs 1000
G UNIT
(INDUSTRY)
WHOLE SALER Rs 25,000 Rs 2500 Rs 5,000 Rs 500
RETAILER Rs 30,000 Rs 3000 Rs 5,000 Rs 500
CONSUMER Rs 8500 Rs 3000
(TOTAL)
EXCISE DUTY
Excise duty was levied on manufacturing. Similar to sales tax, cascading effect
was there for excise duty also. Consider the manufacturing of an automobile.
Hence at each stage of manufacturing there will be taxation leading to cascading
effect thereby increasing the tax burden on final customers. To remove this
MODVAT or Modified VAT was introduced. It applied only to central
manufacturing taxes and was not applicable to States.
SERVICE TAX
For the production of above automobile, the company might have outsourced its
design or some other service to other companies. The Government levies taxes
on these services. Also the manufacturing company has to pay separate taxes to
Government for salaries of workers and other services availed. To solve this
problem of cascading effect due to service taxes along with excise duty,
CENVAT or Central VAT was introduced which included both excise duty and
service taxes.
So in a nutshell, to remove cascading effect following taxes were replaced
accordingly.
Sales tax - replaced with VAT
Excise duty and Service tax - replaced with CENVAT
Still many problems existed. Apart from the above mentioned expenditures other
expenses were also there.
Electricity for production
Fuel for transportation
Advertisement of product
Import of raw materials
Service tax on communication items
For all these transactions the Central as well as State Governments at some
point has already levied tax but not included in the production cost ie, cascading
effect still persists. Also the Central VAT and State VAT didn’t compensate each
other for same product as both belong to different tax regimes. States levied
VAT differently depending on product along with cess and surcharges. Thus the
production cost increased leading to forgery of false invoices by merchants to
avoid taxes. GST was thus introduced to cater to all these above said issues.
WHY GST ?
Covers both goods and services
Covers most (not all) Union and State indirect taxes
Most cess and surcharges are terminated
Credits of input taxes paid at each stage will be available in the subsequent
stage of value addition, which makes GST essentially a tax only on value
addition at each stage
The final consumer will thus bear only the GST charged by the last dealer in
the supply chain, with set-off benefits at all the previous stages
NEO IAS 9446331522, 9446334122 Page 2
www.neoias.com | www.youtube.com/neoias | www.facebook.com/neoias | www.twitter.com/neoias
IMPACTS OF GST
IMPACT OF GST ON BUSINESS AND INDUSTRY
Easy compliance: A robust and comprehensive IT system would be the
foundation of the GST regime in India. Therefore, all tax payer services such as
registrations, returns, payments, etc. would be available to the taxpayers
online, which would make compliance easy and transparent.
Uniformity of tax rates and structures: GST will ensure that indirect tax rates
and structures are common across the country, thereby increasing certainty
and ease of doing business. In other words, GST would make doing business
in the country tax neutral, irrespective of the choice of place of doing
business.
Removal of cascading: A system of seamless tax-credits throughout the
value-chain, and across boundaries of States, would ensure that there is
minimal cascading of taxes. This would reduce hidden costs of doing
business.
Improved competitiveness: Reduction in transaction costs of doing business
would eventually lead to an improved competitiveness for the trade and industry.
Gain to manufacturers and exporters: 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 along way in reducing the compliance cost.
GST ADMINISTRATION
Since India is federal country, Centre Government and State Government both
have powers to levy taxes. Both Centre and States will simultaneously levy GST
across the value chain. Tax will be levied on every supply of goods and
services. GST will be divided into two components:
• CGST which is levied by Central Government
• SGST which is levied by State Government on all transactions within a State.
There will be one more type of GST is Integrated GST (IGST). IGST will be levied
on inter-state transactions. Since, there are chances that people will get
confused in case of transactions between two persons of two different States and
there will be difficulty setting off dues of taxes between two States, thus IGST will
be levied by Centre. Now, Centre will apportion the State’s portion of GST from
IGST to relevant State.
28% GOODS
• 13 items of automobile parts,
• 8 items of cement industry
GST EXEMPTIONS
• Services supplied by banks to basic savings
• Pradhan Mantri Jan-Dhan Yojana (PMJDY)
• Sale of completed flats does not attract GST since it is a transfer of property
• Music books and vegetables (uncooked or cooked by steaming or boiling in
water)
• IIM courses
GOODS KEPT OUTSIDE THE GST
There are certain activities which are items not covered under GST. They are
beyond the scope of GST, i.e., GST will not apply on them. These are classified
under Schedule III of the GST Act as “Neither goods nor services”.
Alcohol for human consumption.
Petrol and petroleum products (GST will apply at a later date) viz. Petroleum
crude, High speed diesel, Motor Spirit (petrol), Natural gas, Aviation turbine fuel.
Services by an employee to the employer in relation to his employment.
Court/Tribunal Services including District Court, High Court and Supreme
Court.
Duties performed by:
• The Members of Parliament, State Legislature, Panchayats, Municipalities
and other local authorities
• Any person who holds a post under the provisions of the Constitution
• Chairperson/Member/Director in a body established by the Government or
a local body and who is not an employee of the same.
Services of a funeral, burial, crematorium or mortuary including transportation
of the deceased.
Actionable Claims (other than lottery, betting and gambling) - means claims
which can be enforced only by a legal action or a suit, example a book debt,
bill of exchange, promissory note.
GST COUNCIL
Goods & Services Tax Council is a constitutional body for making
recommendations to the Union and State Government on issues related to
Goods and Service Tax. As per Article 279A of the amended Constitution, the
GST Council which will be a joint forum of the Centre and the States, shall consist
of the following members.
1. The Union Finance Minister, will be the Chairperson.
2. The Union Minister of State in charge of Revenue of Finance.
3. The Minister in charge of finance or taxation or any other Minister
nominated by each State government, as members.
FUNCTIONS
• The Goods and Services Tax Council shall make recommendations to the
Union and the States on—
• the taxes, cesses and surcharges levied by the Union, the States and the local
bodies which may be subsumed in the goods and services tax;
• the goods and services that may be subjected to, or exempted from the goods
and services tax;
• model Goods and Services Tax Laws, principles of levy, apportionment of
Goods and Services Tax levied on supplies in the course of inter-State trade or
commerce under Article 269A and the principles that govern the place of supply;
• the threshold limit of turnover below which goods and services may be
exempted from goods and services tax;
• the rates including floor rates with bands of goods and services tax;
E-WAY BILL
An e-Way Bill is an electronic permit for shipping goods. It was made
mandatory for transport of goods from 1st June 2018.
It is required to be generated for every inter-state and intra-state movement
of goods and the threshold limit of Rs 50,000.
It is a paperless, technology solution and critical anti-evasion tool to check
tax leakages and clamping down on trade that currently happens on a cash
basis.
A unique e-Way Bill Number (EBN) is generated either by the supplier,
recipient or the transporter. The EBN can be a printout, SMS or written on
invoice is valid.
The GST/Tax Officers tally the e-Way Bill listed goods with goods carried with
it. The mechanism is aimed at plugging loopholes like overloading,
understating etc. Each e-way bill has to be matched with a GST invoice.
The official mobile app can be used for generating an e-way bill, with
powerful features for easy generation and for maintaining records. The e-
way bill can also be generated or cancelled through an SMS.
Transporter ID and PIN Code are now made compulsory.
GST COMPLIANCE
• The revenue department is planning to integrate e-way bill with NHAI's FASTag
mechanism and Logistics Data Bank (LDB) services, to facilitate faster
movement of goods and check GST evasion. This will improve operational
efficiencies across the country's logistic landscape.
• Lack of harmonisation under the 'track and trace' mechanism in terms of
sharing information among different agencies is affecting the ease of doing
business.
• It is also impacting the logistic costs of the companies.
• The proposal also help in preventing goods and services tax (GST) evasion by
unscrupulous traders who take advantage of the loopholes in the supply chain.
2. What is/are the most likely advantages of implementing ‘Goods and Services Tax
(GST)’? (2017)
1. It will replace multiple taxes collected by multiple authorities and will thus
create a single market in India.
2. It will drastically reduce the ‘Current Account Deficit’ of India and will enable it
to increase its foreign exchange reserves.
3. It will enormously increase the growth and size of economy of India and will
enable it to overtake China in the near future.
Select the correct answer using the code given below:
(a) 1 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3
3. Which one of the following is not a feature of Value Added Tax? (2011)
(a) It is a multi-point destination-based system of taxation
(b) It is a tax levied on value addition at each stage of transaction in the
production-distribution chain
(c) It is a tax on the final consumption of goods or services and must ultimately be
borne by the consumer
(d) It is basically a subject of the Central Government and the State governments
are only a facilitator for its successful implementation