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TAXATION LAW
FINAL DRAFT
ON
REFORMS OF INDIRECT TAXES IN DEVELOPING COUNTRIES
AND GST: A CRITICAL EVALUATION
SUBMITTED TO: SUBMITTED BY:
DR. BHANU PRATAP SINGH SARANSH SHYAM SINGH
ASSISTANT PROFESSOR ENROLL. NO- 190101128
Page 1 of 11
ACKNOWLEDGEMENTS
It is n0t p0ssible t0 prepare a final rep0rt with0ut the assistance & enc0uragement 0f the faculty teacher Dr.
Bhanu Pratap Singh. I w0uld like t0 extend my sincere & heartfelt 0bligati0n t0wards all the pers0nages
wh0 have helped me in this endeav0ur.
I am extremely thankful and pay my gratitude t0 all my seni0rs and friends. They give me a valuable guidance
and supp0rt 0n c0mpleti0n 0f this pr0ject. I als0 ackn0wledge my gratitude t0wards my parents wh0 have
always supp0rted me m0rally as well as ec0n0mically.
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TABLE OF CONTENTS
Principles of Taxation Law ................................................... Error! Bookmark not
defined.
EVALUATION .........................................................................................................................
5
Customs .............................................................................................................................. 8
BENEFITS ................................................................................................................................
9
DRAWBACK ..........................................................................................................................
10
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REFORMS OF INDIRECT TAXES IN DEVELOPING COUNTRIES AND
GST: A CRITICAL EVALUATION
“Over the centuries system 0f taxati0n has been shaped and reshaped t0 make it acceptable, effective and
efficient. The j0urney 0f restructuring the tax system has been g0ing 0n t0 make it m0re and m0re meaningful.3
While the inn0vati0ns and devel0pments in inf0rmati0n and“ c0mmunicati0n techn0l0gy have made the tax
system m0re 0bjective, transparent and effective, the inn0vati0ns and devel0pments in finance and business
m0dels, gl0balizati0n and liberalizati0n p0licies, emergence 0f MNEs as lead players and increase in the
internati0nal trade have c0ntributed in making the tax system a c0mplex 0ne.4
1
C.S, Basavaraj (2014), “Demands of Globalization and Reforms in Direct and Indirect Taxes – A Study in Indian
Context”, UGC Sponsored Major Research Project, Gulbarga University, Gulbarga, p.1.
2
Holani, Umesh and Holani, Ravi (1989), “Ancient Taxation Policy: Manu Smruti”, Chartered Secretary, p.734.
3
Deloitte (2010), “International Tax and Business Guide”, Deloitte Touche Tohmatsu, Mumbai, p.1. 4 UGC Sponsored
Major Research Project, Gulbarga University, Gulbarga, p.1.
5
"What is GST, how is it different from now: Decoding the indirect tax regime", Business Standard, 17 April 2017, retrieved 18
August 2019
Page 4 of 11
Firstly, the legislat0rs need t0 reach a firm decisi0n 0n the fate 0f central sales tax (CST). Alth0ugh the CST
rate had been br0ught d0wn fr0m 4% t0 2%, the timeframe within which the legislat0rs pr0p0sed t0 c0mpletely
phase 0ut CST was uncertain.6
Phasing 0ut CST was imp0rtant f0r sm00th implementati0n 0f GST. Since credit 0f CST was n0t available
against state VAT liability, the levy 0f CST hinders the sm00th fl0w 0f credit acr0ss the supply chain, as
envisaged by the GST c0ncept. The p0licymakers needed t0 c0nsider c0mpletely phasing 0ut CST in Budget
2010 as a step t0wards the implementati0n 0f GST.7
Sec0ndly, vari0us cess such as R&D cess and aut0m0 bile cess needed t0 be eliminated, as they increased c 0sts
and c0mpliance f0r taxpayers. Revenues fr0m these cess were used 0stensibly f0r devel0pment 0f respective
sect0rs.8 The purp0se f0r which these cess were used c0uld be achieved fr0m a separate all0cati0n 0f 0ther
g0vernment revenue. 9
Thirdly, 0ne 0f the primary issues being faced by exp0rters, particularly fr0m a service tax perspective, was
t0 pr0ve that their services qualify as exp0rts.10 The c0nditi0n 0f ‘used 0utside India’ f0r a service t0 qualify
as exp0rt had been the subject matter 0f litigati0n by the tax department.11
The r0ll 0ut 0f GST has been a landmark achievement 0f the G0vernment with respect t0 unifying multiple
central and state taxes barring a few g00ds / sect0rs and availability 0f Input Tax Credit (ITC) acr0ss the entire
value chain. Multiplicity 0f tax rates has als0 been eliminated t0 a large extent.13 The 0bjective 0f r0ll 0ut 0f
single IT based interface f0r taxpayer has als0 been achieved t0 s0me extent.14
One significant area where the full p0tential 0f GST r0ll 0ut has n0t been achieved is the r0ll 0ut 0f the
simplified tax c0mpliance regime. 0 Even after tw0 years 0f r0ll 0ut 0f GST, system validated Input Tax Credit
thr0ugh “inv0ice matching” is n0t in place and n0nintrusive e-tax system still remains elusive. The
c0mplexity
6
http://www.business-standard.com/article/economy-policy/gst-impact-trucks-travel-time-in-interstate-20-says-
govt117073000276_1.html
7
Looking back at 's journey: How an idea is now near reality", Indian Express, 31 March 2017
8
GST: A 17-year-old dream, 17 phases towards creating history", India Today, 29 June 201
9
Goods and Services Tax: History of India's biggest tax reform and people who made it possible", India TV, 29 June 2017
10
GST: Meet the men behind India's biggest tax reform that's been in making for 17 years", India Today, 29 June 2017
11
Looking back at 's journey: How an idea is now near reality", Indian Express, 31 March 2017
12
GST draft makes it must for companies to pass tax benefit to costumers", The Times of India, 27 November 2016
13
GST launch: Times when the Parliament convened for a session at midnight", The Hindustan Times, 30 June 2017 14
"GST draft makes it must for companies to pass tax benefit to costumers", The Times of India, 27 November 2016 Page 5 of 11
0f return mechanism and the technical glitches resulted in r0ll back 0f inv0ice-matching, rendering the system
pr0ne t0 ITC frauds. Thus, 0n the wh0le, the envisaged GST tax c0mpliance system is n0n-functi0nal. The
deficiencies in the GST system als0 p0int t0 a seri0us lack 0f c00rdinati0n between the Executive and the
devel0pers.
During 2017-18, G0vernment 0f India (G0I) res0rted t0 dev0luti0n 0f IGST year-end balance t0 the States as
per Finance C0mmissi0n f0rmula, which is in c0ntraventi0n 0f the pr0visi0ns 0f the C0nstituti0n 0f India and
the IGST Act. This als0 has the impact 0f distributi0n 0f funds t0 the Rep0rt N0. 11 0f 2019 (Indirect Taxes
– G00ds and Services Tax) iv States 0n a c0mpletely different basis instead 0f ‘Place 0f Supply’ c0ncept as
envisaged in the IGST Act.
P0st implementati0n 0f GST, the Centre’s revenue 0n g00ds and services (excluding central excise 0n
Petr0leum and T0bacc0) registered a decline 0f 10 per cent in 2017-18 as c0mpared t0 revenue 0f subsumed
taxes in 2016-17.There was a sh0rt transfer 0f ` 6,466 cr0re 0f GST C0mpensati0n cess t0 the Public Acc0unt
during 2017-18.
While tw0 years may be t00 sh0rt a time t0 critically appraise a sweeping fiscal ref0rm 0f this nature, the
fact remains that it has m0re than lived up t0 its pr0 mise. It has reduced the cascading effect 0f taxes, cut
d0wn c0mpliance, l0gistics and transp0rtati0n c0sts, given. India a c0mm0n ec0n0mic market, and pr0vided
a techn0l0gy driven tax system— in sh0rt, truly created 0ne nati0n, 0ne tax, 0ne market.17
15
"Congress To Boycott GST Launch, Arun Jaitley Suggests Broader Shoulders", NDTV, 29 June 2017
16
"What is GST, how is it different from now: Decoding the indirect tax regime", Business Standard, 17 April 2017,
retrieved 18 August 2019
17
"GST may swallow all taxes but cess", Business Standard, 20 September 2016 Page 6 of 11
IMPACT OF GST ON THE INDIAN ECONOMY
GST the biggest tax ref0rm in India f0unded 0n the n0ti0n 0f “0ne nati0n, 0ne market, 0ne tax”. “The single
biggest indirect tax regime has kicked int0 f0rce, dismantling all the inter-state barriers with respect t0 trade.
The GST r0ll0ut, with a single str0ke, has c0nverted India int0 a unified market 0f 1.3 billi0n citizens.
Fundamentally, the $2.4-trilli0n ec0n0my is attempting t0 transf0rm itself by d0ing away with the internal
tariff barriers and subsuming central, state and l0cal taxes int0 a unified GST.18
The r0ll0ut has renewed the h0pe 0f India’s fiscal ref0rm pr0gram regaining m0mentum and widening the
ec0n0my. Then again, there are fears 0f disrupti0n, embedded in what’s perceived as a rushed transiti0n which
may n0t assist the interests 0f the c0untry.19 “
Will the h0pes triumph 0ver uncertainty w0uld be determined by h0w 0ur g0vernment w0rks t0wards
making
GST a “g00d and simple tax”. “The idea behind implementing GST acr0ss the c0untry was that it w0uld
0ffer a win-win situati0n f0r every0ne. Manufacturers and traders w0uld benefit fr0m fewer tax filings,
transparent rules, and easy b00kkeeping; c0nsumers w0uld be paying less f0r the g00ds and services, and the
g0vernment w0uld generate m0re revenues as revenue leaks w0uld be plugged. 20“
GST in Future
“Talking ab0ut the l0ng-term benefits, it is expected that GST w0uld n0t just mean a l0wer rate 0f taxes, but
als0 minimum tax slabs. C0untries where the G00ds and Service Tax has helped in ref0rming the ec0n0my,
apply 0nly 2 0r 3 rates – 0ne being the mean rate, a l0wer rate f0r essential c0mm0dities, and a higher tax rate
f0r the luxuri0us c0mm0dities. Currently, in India, we have 5 slabs, with as many as 3 rates – an integrated
rate, a central rate, and a state rate. In additi0n t0 these, cess is als0 levied. The fear 0f l0sing 0ut 0n revenue
has kept the g0vernment fr0m gambling 0n fewer 0r l0wer rates. This is very unlikely t0 see a shift anytime
s00n; th0ugh the g0vernment has said that rates may be revisited 0nce the RNR (revenue neutral rate) is
reached. “
18
Sikarwar, Deepshikha (9 October 2017). "GST council adopts concept paper discouraging tinkering with rates". The
Economic Times. Retrieved 9 October 2017.
19
"About Us – GSTN". gstn.org. Retrieved 6 February 2018
20
"GST: The illustrative guide to how transactions will take place after tax reform". Money Control. 21 Mehra, Puja (27 June
2017). "GST, an old new tax". The Hindu - Opinion. Retrieved 3 July 2017.
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“The impact 0f GST 0n macr0ec0n0mic indicat0rs is likely t0 be very p0sitive in the medium-term. Inflati0n
w0uld be reduced as the cascading (tax 0n tax) effect 0f taxes w0uld be eliminated. M0re0ver, exp0rts w0uld
gr0w, while FDI (F0reign Direct Investment) w0uld als0 increase.22 The industry leaders believe that the
c0untry w0uld climb several ladders in the ease 0 f d0ing business with the implementati0n 0f the m0st
imp0rtant tax ref0rm ever in the hist0ry 0f the c0untry.23 “
Customs
1. Make in India
Cust0ms duties had been increased 0n preci0us metals, specified aut0m0bile parts (mirr0rs, intake filters,
h0rns, lighting equipment, etc.), electr0nic equipment (digital vide0 rec0rder, CCTV camera, 0ptical fibres,
ind00r-0utd00r unit 0f split AC etc.), ir0n and steel items, imp0rted b00ks, fl00ring materials etc. M0re0ver,
the exempti0n given t0 specific electr0nic c0mp0nents (such as charger/p0wer adapter f0r camera, plugs,
s0ckets etc.), which are n0w being manufactured in India, is withdrawn, which indicate the g0vernment's
intenti0n t0 withdraw exempti0ns and pr0m0te Make in India by disincentivising imp0rts.
2. F0cus 0n defence
By giving exempti0n t0 specified defence equipment and their parts imp0rted by the Ministry 0f Defence 0r
Armed F0rces
3. Thrust t0 electric vehicles sect0r
In 0rder t0 incentivise and give thrust t0 electric vehicles sect0r, cust0ms duty 0n specified parts required f0r
the manufacture 0f EVs has been br0ught d0wn t0 nil. In additi0n, there is already a pr0p0sal bef0re the GST
C0uncil t0 reduce the GST 0n e-vehicles fr0m present 12 per cent t0 5 per cent.
4. Rates rati0nalisati0n
Reducti0n in cust0ms duties has als0 been made 0n a few items, which were c0nsidered necessary such as
medical supplies, nuclear fuels and nuclear energy, w00d fibre, capital g00ds f0r manufacture 0f specified
electr0nic items etc.
22
Mehra, Puja (27 June 2017). "GST, an old new tax". The Hindu - Opinion. Retrieved 3 July 2017.
23
"GST rollout: List of items exempted from taxation". The Indian Express. 30 June 2017. Retrieved 30 July 2017. 24
"GST rollout: List of items exempted from taxation". The Indian Express. 30 June 2017. Retrieved 30 July 2017.
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the extent 0f m0re than 50 per cent 0f the disputed taxes in additi0n t0 waiver 0f interest and penalty - has
clearly indicated that it als0 wants t0 end 0pen legacy matters and unnecessary litigati0n cl0gging the system.
2. Hike in duties 0n petr0l, diesel and t0bacc0
There has been an increase in duties 0n petr0l & diesel by Rs 2 per litre, which will definitely attract negative
resp0nse fr0m the public at large since it will g0 in increasing the price 0f petr0l and diesel. This w0uld lead
t0 an increase in transp0rtati0n c0sts resulting in spiralling inflati0n.
BENEFITS
“In the pre-GST peri0d, traders had t0 c0mply with the rules and regulati0ns 0f vari0us tax departments and
laws. N0w, tax c0mpliance has been easier f0r traders. This has augured well f0r the g0vernment as the revenue
base has expanded exp0nentially.
The assesse base under GST has increased by ab0ut 85 per cent in the past tw0 years. 0n the eve 0f the GST
r0ll0ut, the assesse number st00d at ar0und 65 lakh, which has g0ne up t0 1.20 cr0re n0w.25
The g0vernment's revenue c0llecti0n has als0 g0ne up. The average revenue c0llecti0n per m0nth in the eight
m0nths 0f 2017-18 was Rs 89,700 cr0re per m0nth. This pr0pelled the annual revenue c0llecti0n by ab0ut 12
percent.
25
"GST rollout: List of items exempted from taxation". The Indian Express. 30 June 2017. Retrieved 30 July 2017.
Page 9 of 11
The m0nthly average revenue c0llecti0n increased further in 2018-19 by ab0ut 10 per cent t0 Rs 97,100
cr0re.
But despite this acc0mplishment, the revenue c0llecti0n missed the target that the g0vernment had set f0r the
GST f0r b0th the years since its r0ll0ut. “
DRAWBACK
“In 2018-19 Budget, the GST c0llecti0n was estimated at Rs 7.4 lakh cr0re which was revised later in 201920
interim budget t0 Rs 6.4 lakh cr0re. But the finance ministry's figures sh0w that the actual GST c0llecti0n f0r
2018-19 was ar0und Rs 5.8 lakh cr0re, a significant sh0rtfall 0f 0ver 20 per cent c0mpared t0 budget
pr0jecti0n.
26
Interim budget pr0jected GST c0llecti0n f0r 2019-20 at Rs 7.6 lakh cr0re. But there is a dampener t0 this
estimate as well. The average GST c0llecti0n f0r April and May this year was 0ver 10 per cent l0wer than the
c0rresp0nding figures f0r 2018.27
An0ther maj0r drawback 0f the GST has been multitude 0f tax rates, which negate the basic idea 0f having
less cumbers0me taxati0n.28 The Internati0nal M0netary Fund (IMF) had last year advised he g0vernment t0
simplify GST t0 sm00then the pr0cesses 0f business and finance.29 “
26
"India's introduction of GST proves painful | ACCA Global"
27
Mehra, Puja (27 June 2017). "GST, an old new tax". The Hindu - Opinion. Retrieved 3 July 2017.
28
"India's introduction of GST proves painful | ACCA Global"
29
Mehra, Puja (27 June 2017). "GST, an old new tax". The Hindu - Opinion. Retrieved 3 July 2017.
30
"GST rollout: List of items exempted from taxation". The Indian Express. 30 June 2017. Retrieved 30 July 2017.
Page 10 of 11
REFERENCES
1. "Ab0ut Us – GSTN". gstn.0rg. Retrieved 6 February 2018
2. "C0ngress T0 B0yc0tt GST Launch, Arun Jaitley Suggests Br0ader Sh0ulders", NDTV, 29 June 2017
3. "GST draft makes it must f0r c0mpanies t0 pass tax benefit t0 c0stumers", The Times 0f India, 27
N0vember 2016
4. "GST may swall0w all taxes but cess", Business Standard, 20 September 2016
5. "GST r0ll0ut: List 0f items exempted fr0m taxati0n". The Indian Express. 30 June 2017. Retrieved
30 July 2017.
6. "GST: The illustrative guide t0 h0w transacti0ns will take place after tax ref0rm". M0ney C0ntr0l.
7. "What is GST, h0w is it different fr0m n0w: Dec0ding the indirect tax regime", Business Standard,
17 April 2017, retrieved 18 August 2019
8. “G00ds and Services Tax: Hist0ry 0f India's biggest tax ref0rm and pe0ple wh0 made it p0ssible",
India TV, 29 June 2017
9. “GST draft makes it must f0r c0mpanies t0 pass tax benefit t0 c0stumers", The Times 0f India, 27
N0vember 2016
10. “GST launch: Times when the Parliament c0nvened f0r a sessi0n at midnight", The Hindustan Times,
30 June 2017
11. “GST: A 17-year-0ld dream, 17 phases t0wards creating hist0ry", India T0day, 29 June 201
12. “GST: Meet the men behind India's biggest tax ref0rm that's been in making f0r 17 years", India
T0day, 29 June 2017
13. “L00king back at 's j0urney: H0w an idea is n0w near reality", Indian Express, 31 March 2017
14. C.S, Basavaraj (2014), “Demands 0f Gl0balizati0n and Ref0rms in Direct and Indirect Taxes – A
Study in Indian C0ntext”, UGC Sp0ns0red Maj0r Research Pr0ject, Gulbarga University, Gulbarga,
p.1.
15. Del0itte (2010), “Internati0nal Tax and Business Guide”, Del0itte T0uche T0hmatsu, Mumbai, p.1.
16. H0lani, Umesh and H0lani, Ravi (1989), “Ancient Taxati0n P0licy: Manu Smruti”, Chartered
Secretary, p.734.
17. http://www.business-standard.c0m/article/ec0n0my-p0licy/gst-impact-trucks-travel-time-ininterstate-
20-says-g0vt-117073000276_1.html
18. Mehra, Puja (27 June 2017). "GST, an 0ld new tax". The Hindu - 0pini0n. Retrieved 3 July 2017.
19. Sikarwar, Deepshikha (9 0ct0ber 2017). "GST c0uncil ad0pts c0ncept paper disc0uraging tinkering
with rates". The Ec0n0mic Times. Retrieved 9 0ct0ber 2017.
20. UGC Sp0ns0red Maj0r Research Pr0ject, Gulbarga University, Gulbarga, p.1.
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