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WELCOME

All
AT
NRL
Dr.Amit FCA,CMA MCom,
OBJECTIVE OF THE WORKSHOP

•GST OVERVIEW
•THE BASIC UNDERSTANDING GST LAWS
•PLACE OF SUPPLY & TIME OF SUPPLY
•ELECTRONIC CASH LEDGER
•REGISTRATION NUMBER
•GST RETURNS
•TRANSITION ISSUES
Dr.Amit FCA,CMA MCom,
GST Ready

Dr.Amit FCA,CMA MCom, Ph.d.9811264821


Constitutional

• Concurrent • Authority for Centre to • GST defined as


jurisdiction for levy & collection of any tax on
Article 246A

Article 269A
levy of GST by IGST on supplies in supply of goods
the Centre and the course of inter- or services or

Article 366(12A)
the States State trade or both other than
commerce including on alcohol for
imports human
• Parliament has • Import of goods or consumption
exclusive power to provision of services
make laws with from outside India will
respect to goods be treated as Inter-
and services tax State supplies
where the supply • ‘Place of supply’ of
takes place in the goods & services to be
course of inter- determined as per
State trade or Rules formulated by
commerce Centre

Dr.Amit FCA,CMA MCom,


Present
Indirect Tax
Regime and
its
shortcoming
s
Dr.Amit FCA,CMA MCom,
EXISTING INDIRECT TAX STRUCTURE

Entry Tax & Octroi

Customs Excise Entertainment Tax


Duty Duty
Electricity Duty

Centr Luxury Tax


al
Levie
Central VAT
SaleCsesTsax
s Service
Tax

State
Levi
es

Dr.Amit FCA,CMA MCom,


PRESENT SCENARIO: ISSUES & CONCERN

Indian truck drivers clock an average of 280 km


per day as against world average of 400 km per
day and 700 km per day in US.
Truck drivers in India spend 60% of their time
check posts & toll plazas.
There are 650 odd check posts in the country
and 11 categories of taxes.

Introduction of GST will help improving the Indian


truck productivity
Dr.Amit FCA,CMA MCom,
PRESENT SCENARIO: ISSUES & CONCERN

 At present the Restaurants are charging


both Central Tax (Service Tax) and State
Tax (VAT)

After introduction of GST single tax will be


applicable

Dr.Amit FCA,CMA MCom,


Dr.Amit FCA,CMA MCom,
Current Indirect Tax Structure
Subject of Tax levy divided between Centre and State

EXCISE DUTY SERVICE TAX

Removal of Provision of
Good from the Service
Factory
Service Service
Provider Receiver
VAT/CST CUSTOMS DUTY

Sale of
Goods
Import or
Export of Goods

Trader Buyer

Dr.Amit FCA,CMA MCom,


The Effort and Work Done

18000 +
30 + Man Hours of
10 Years…
Sub-Groups & discussion by
In Making
Committees GST Council

14 EC Meetings Constitution
175 +
in 10 years and Amendment and 5
Officers
13 GSTC Laws approved by
Meetings
Meetings in 6 collaborative effort
months

Dr.Amit FCA,CMA MCom,


Present - Major Indirect TaxLevies

Central Taxes State Taxes Local body Taxes

• Central Excise • VAT/Sales Tax & CST • Octroi


Duty • State Excise duty • LBT
• Excise under M&TP
Act • Entertainment Tax • Property Tax
• Additional • Luxury Tax • Entertainment
duties of excise Duty
• Taxes on lottery, betting
and gambling • Gram Panchayat
• Custom Tax
Duty • Entry tax

• Stamp Duty
o Basic
• Electricity Duty
o CVD
• Profession Tax
o SAD

• Service Tax

Dr.Amit FCA,CMA MCom,


Existing Indirect Tax Structure in India
Central Taxes State Taxes
• Central Excise duty • State VAT / Sales Tax
• Additional duties of excise • Central Sales Tax
• Excise duty levied under Medicinal • Purchase Tax
& Toilet Preparation Act • Entertainment Tax (other than
• Additional duties of customs (CVD those levied by local bodies)
& SAD) • Luxury Tax
• Service Tax • Entry Tax (All forms)
• Surcharges & Cesses • Taxes on lottery, betting &
gambling
• Surcharges & Cesses
GST

Constitution amended to provide concurrent powers to both Centre & States to


levy GST (Centre to tax sale of goods and States to tax provision of services)
Dr.Amit FCA,CMA MCom,
Understanding CGST, SGST, UTGST & IGST

State 1
Foreign Territory

State 2
Union territory without
legislature
Dr.Amit FCA,CMA MCom,
Features of Constitution Amendment Act

Alcohol for human


Power to tax remains with the State
consumption

Five petroleum
products – crude oil , GST Council to decide the date from
diesel, petrol, natural which GST will be applicable
gas and ATF

Part of GST but power to levy


Tobacco additional excise duty with Central
Government

Entertainment tax Power to tax remains with the State


levied by local bodies

Dr.Amit FCA,CMA MCom,


Benefits of GST (1/2)

1 Reduction in Cascading of Taxes


Decrease in
2 Overall Reduction in Prices Inflation

3 Common National Market


Ease of Doing
4 Benefits to Small Taxpayers Business

5 Self Regulating Tax System


Decrease in “Black”
Non-Intrusive Electronic Tax System
Transactions
6

Dr.Amit FCA,CMA MCom,


17
Benefits of GST (2/2)

7 Simplified Tax Regime


More informed
8 Reduction in multiplicity of Taxes consumer

9 Consumption Based Tax


Poorer States
10 Abolition of CST to Gain

11 Exports to be Zero Rated


Make in India
12 Protection of Domestic Industry - IGST

Dr.Amit FCA,CMA MCom,


18
Present - Major Indirect TaxLevies

Central Taxes State Taxes Local body


Taxes

• Central Excise • VAT/Sales Tax & CST • Octroi


Duty • State Excise duty • LBT
• Excise under M&TP
Act • Entertainment Tax • Property Tax
• Additional • Luxury Tax • Entertainment
duties of excise Duty
• Taxes on lottery, betting
and gambling • Gram Panchayat
• Custom Tax
Duty • Entry tax

• Stamp Duty
o Basic
• Electricity Duty
o CVD
• Profession Tax
o SAD

• Service Tax

Dr.Amit FCA,CMA MCom,


Present Indirect Tax Structure – Cascading effect of
taxes
Particulars Value Tax

Manufacture of Goods 1,00,000


Add: Excise Duty (12.5% of 1,00,000) 12,500 12,500
Ex-factory value 1,12,500
Add: Vat (13.5% of 1,12,500) 15,188 15,188
Taxable Amount 1,27,688

Total Transaction Cost

Cascading effect of tax i.e. tax on tax

Dr.Amit FCA,CMA MCom,


GST – Perceived advantages

 Higher threshold for traders and service providers

 Benefit to end consumers on account of reduction of tax


incidence on commodities:
Present Tax Incidence GST Tax Incidence
Excise Duty / CVD 12.5%
VAT / SAD 13.5%
Octroi 5.5% 18%
Aggregate Tax 31.5%
Effective Tax Burden (considering 34.71%
cascading effect)

 Elimination of multiple taxation on


same transaction

 Removal / minimization of cascading


Dr.Amit FCA,CMA MCom,
effect of taxes
Reduction in Price of Goods under GST

All other
taxes are
Cumulative taxes replaced by
of 32% levied GST

Rs. 132
Rs. 128
Service VAT
Tax – 1% 14.5%
32% Entry 28%
Tax Excise GST @
CST 12.5%
2% 2% 28%
Rs. 100
Rs. 100

Cost of production
of goods is Rs. 100 Overall
incidence of
tax will be
reduced

Dr.Amit FCA,CMA MCom,


21 21
Reduction in Price of Goods under GST

Service tax
Service tax 15% replaced by
and embedded GST
VAT of ~3%

Rs. 115 Rs. ~115

15% Service 18%


Tax
Rs. 100 GST
VAT
Rs. 97 Rs. 97

Cost of production Overall


of goods is Rs. 97 incidence of
tax will be
same

Dr.Amit FCA,CMA MCom,


22 22
Major Taxes subsumed in GST

Central State Local Body


Taxes Taxes Taxes
• Central • VAT/Sales Tax • Octroi
Excise Duty & CST
• Local Body tax
• Additional • Purchas
(‘LBT’)
Excise Duty e tax
• Excise under • Entertainme
M&TP Act nt Tax
• Countervailin • Luxury
g Duty Tax
• Special • Taxes on lottery,
Additional Duty betting and
• Service
Tax gambling
• Entry
tax

Dr.Amit FCA,CMA MCom,


Major Taxes retained Post-GST

Central Taxes State Taxes Local Body Taxes

• Central Excise on: • State Excise on Alcohol liquor • Property Tax

o Tobacco products • State VAT on: • Entertainment Duty

o Petroleum Products • Gram Panchayat Tax


o Alcohol liquor
• Basic Custom Duty
o Petroleum Products

• Stamp Duty

• Electricity Duty

• Profession tax

• Road tax

• Taxes on Mineral Rights

Dr.Amit FCA,CMA MCom, Ph.d.9811264821


GST – Fundamental shift in taxationbasis

State A Revenue goes State A

(Manufactured to State A (Manufactured

) )

Origin Based

Movement of
Movement of

Destination
Tax levied on all
Based

goods
goods

products
PRODUCED Tax levied on all
domestically products
(such as excise CONSUMED
duty on domestically
manufacture)

State B Revenue goes to State B

(Consumed) State B (Consumed)

Shift of taxable event from being produced to getting consumed


Revenue from inter-state transaction to accrue to the DESTINATION State & not to ORIGIN State

Dr.Amit FCA,CMA MCom, Ph.d.9811264821


7
7
GST – Proposed Rate Structure
• Proposed Rates in GST Council Meeting held on 03rd –
04th October 2016: Description Rates

Exports, Deemed Exports, Essential items (vegetables, food grains) 0%

Common use items / necessity items (bulk drugs, etc) 5%

Standard rates 12% and 18%

Demerit rate (tobacco products, luxury item, aerated beverages) 28%

 No abatement prescribed till date


 No special tax rate prescribed till date
 The Council has proposed a broad rate of 15 % as cess
on demerit goods.
Dr.Amit FCA,CMA MCom,
GST –Important features
Meaning • Broad based and comprehensive levy on goods and services consumed in
economy
Dual Model • Central GST (CGST) to be levied on intra state supplies by Central
Government
• State GST (SGST) to be levied on intra state supplies by State Government
Union Territory GST (UTGST) to be levied on intra state supplies by Union
Territory
• CGST & SGST or CGST & UTGST would be levied simultaneously on intra-
state supply
• Integrated GST (IGST) to be levied on inter state supplies by Central
Government and to distributed between Centre and States
Destination • At present VAT is collected and retained by originating state
• Under GST, tax to accrue to the taxing authority which has
Based
jurisdiction over the place of consumption also termed as place of
Consumption
supply
Tax Dr.Amit FCA,CMA MCom,
GST – Important Features
Registration • Branches / units of taxable person in different states are regarded as
distinct person
• Separate registration for branches / units in different states are to be
obtained
• No concept of centralized registration
TDS Specified recipient of goods and services of contract value exceeding
Rs.2,50,000 will be obliged to:
• Deduct TDS @ 2% (1% CGST + 1% SGST) on amount paid or
credited to supplier’s account
• Pay such amount before 10th of subsequent month
• Issue TDS certificate within 5 days from payment of tax
• File monthly TDS returns on 10th of subsequent month
Reverse Charge • Reverse charge to be prescribed (goods and service)
• Reverse charge on supplies received from unregistered persons
Exemptions As notified by Dr.Amit
council FCA,CMA MCom,
GST – Important Features
Export of • It will be zero rated
Goods • Supplier will have 2 options:
and
 Supply goods or services or both without payment of GST
Services
and claim refund of unutilised Input tax credit; or
 Supply goods or services on payment of GST (in cash or from ITC
balance) and claim refund of GST paid on exports
Supply to SEZ • It will be zero rated
unit and SEZ • Supplier will have 2 options:
Developer
 Supply goods or services or both without payment of GST
and claim refund of unutilised Input tax credit; or
 Supply goods or services on payment of GST (in cash or from ITC
balance) and claim refund of GST paid on such supplies

Sale of • It is neither supply of goods nor supply of services (Schedule III) and
Land/ hence not liable to GST
buildi Dr.Amit FCA,CMA MCom,
ng
Dual GST: Scenarios

Intra-State Supplies Liable for


CGST & SGST

Inter-State Supplies Liable for


IGST

Branch Transfers Liable for IGST

Imports Liable for IGST CGST+SGST

Exports entitled for Zero Rating

Dr.Amit FCA,CMA MCom,


‘Intrastate’ and ‘Interstate’

Intrastate: CGST &


SGST/UTGST
leviable
Location of Supplier

Same States or
Union Territory INTRA State Supply

Place of Supply

Interstate:
IGST
leviable
Location of Supplier

• Different States
• Different Union Territory
INTER State trade/commerce
• A State and a Union Territory

Place of Supply

Dr.Amit FCA,CMA MCom, Ph.d.9811264821


Tax levies in GST regime for Supply of Goods/Services
- Relevant extract of tax invoice

Intra-State Inter-State
Supply Supply
Particulars Amou Amou Particulars Amou Amou
nt nt nt nt
(Rs.) (Rs. (Rs.) (Rs.
) )
Value of Goods / Services 100,000 Value of Goods / Services 100,000
CGST(9% of 100,000) 9,000 IGST (18% of 1,00,000) 18,000
SGST/ UTGST (9% of 9,000 18,000
100,000)
Total 118,000 Total 118,000
Amou Amount
nt

Few mandatory details:


1. Name and address of Supplier
2. Name and address of Buyer
3. 15 digit GST Identification no. of dealer as well as buyer
4. HSN Code of goods supplied / SA code
Dr.Amit of services
FCA,CMA MCom, supplied
Post GST - Supply chain

Imports Outside India Zero rated


Overseas Overseas
Vendor customer
BCD- Cost**
IGST* Exports

Maharashtra Purchase/service
Gujarat
Purchase / Service IGST* Vendor

Vendor Factor y

CGST + SGST* Transfer


* Cenvatable Transfer Warehouse
No tax IGST*
** Not cenvatable
*** B2B Cenvatable &
B2C non-cenvatable
Warehouse
Sale CGST
+
SGST***

Sale CGST + SGST*


Agent
Sale Sale
Customer Retailer Distributor
Sale
CGST + SGST* Customer

CGST + SGST***
Dr.Amit FCA,CMALLPMCom,
India
CGST + SGST***
Dual GST Scenario for Manufacturers

Procurement of
goods Intra-State sales of
goods
Intra-State C Excise CGST

VAT SGST
C Excise CGST

VAT SGST Manufacturer


Inter-State sales
Inter-State
C Excise IGST
C Excise IGST
CST
CST
Procurement of Services
Import
Exports
BCD BCD No taxes No taxes
Intra-State Inter-State Import
CVD IGST Stock Transfers
SAD S Tax CGST S Tax IGST S Tax IGST
No taxes IGST
SGST

Dr.Amit FCA,CMA MCom,


Dual GST Scenario for Traders

Procurement of Intra-State sales of


goods goods

Intra-State VAT CGST

SGST
C Excise CGST
Trader
VAT SGST Inter-State sales
Inter-State CST IGST

C Excise IGST

CST
Procurement of Services Exports
Import
No taxes No taxes
BCD BCD Intra-State Inter-State Import
Stock Transfers
CVD IGST S Tax CGST S Tax IGST S Tax IGST No taxes IGST
SAD
SGST

Dr.Amit FCA,CMA MCom,


Dual GST Scenario for Service Providers

Procurement of
goods
Intra-State services
Intra-State
S Tax CGST
C Excise CGST
SGST
VAT SGST
Service Provider
Inter-State Inter-State services

C Excise IGST S Tax IGST

CST

Import Procurement of Services


Exports
BCD BCD
No taxes No taxes
Intra-State Inter-State Import
CVD IGST
S Tax CGST S Tax IGST S Tax IGST
SAD
SGST

Dr.Amit FCA,CMA MCom,


Illustration to Showcase
Tax Benefit under GST
Present Scenario (Intra-State Trade of Goods)

State Tax = 13.31


( 11 + 1.10 + 1.21)
VAT = 12.10 VAT = 13.31
VAT = 11 ITC = ( 11) ITC = ( 12.10)
1.10 1.21

Input Manufacturer Output Manufacturer Dealer Consumer

Excise = 11
Excise = 10 ITC = (10)
1
Central Tax = 11
Tax Invoice (B) ( 10 + 1)
Cost = Tax Invoice (C)
Tax Invoice (A) 100 Cost = 121
Value = 100 Value = 110 Value = 133.10
Excise = 10 Excise = 11 VAT =
VAT = 11 VAT = 13.31
12.10
121 146.41
133.10

Dr.Amit FCA,CMA MCom,


GST Scenario (Intra-State Trade of Goods)

State Tax = 12.10


( 10 + 1 + 1.10)
SGST = 11 SGST = 12.10
SGST = 10 ITC = ( 10) ITC = ( 11)
1 1.10

Input Manufacturer Output Manufacturer Dealer Consumer

CGST = 11 CGST = 12.10


CGST = 10 ITC = (10) ITC = (11)
1 1.10
Central Tax = 12.10
Tax Invoice (C) ( 10 + 1 + 1.10)
Tax Invoice (B)
Cost = 110
Tax Invoice (A) Cost =
Value = 121
Value = 100 100
CGST = 12.10
CGST = 10 Value = 110
SGST =
SGST = 10 CGST = 11
12.10
120 SGST = 11
132
145.20

Dr.Amit FCA,CMA MCom,


Present Scenario (Inter-State Trade of Service)

State Tax (X) = 0 State Tax (Y) = 0

Input Service Provider Output Service Provider Agent Consumer

Service Tax = 11 Service Tax = 12.10


Service Tax = 10 ITC = (10) ITC = (11)
1 1.10
Central Tax = 12.10
( 10 + 1 + 1.10)
Tax Invoice (C)
Tax Invoice (A) Tax Invoice (B)
Cost = 110
Value = 100 Cost = 100
Value = 121
Service Tax = 10 Value = 110
Service Tax = 12.10
Service Tax = 11
110 121
133.10

Dr.Amit FCA,CMA MCom,


GST Scenario (Inter-State Trade of Service)

State Tax (X) = 0


( 10 - 10*) State Tax (Y) = 12.10
( 2.20 + 9.90**)
SGST = 12.10
SGST = 10 ITC = ( 9.90)
2.20

Input Service Provider Output Service Provider Agent Consumer

IGST = 22
CGST = (10) CGST = 12.10
CGST = 10 SGST = (10) IGST = (12.10)
2 0
Central Tax = 12.10
( 10 + 2 + 10* - 9.90**)

Tax Invoice (C)


Tax Invoice (A) Tax Invoice (B)
Cost = 110
Value = 100 Cost = 100
Value = 121
CGST = 10 Value = 110
CGST = 12.10
SGST = 10 IGST(20%)= 22
SGST = 12.10
120 132
145.20

Dr.Amit FCA,CMA MCom,


Comparison (Trade of Goods)

Sr. No. Particular Intra-State Inter-State


Present GST Present GST
1. Initial Value 121.00 120.00 121.00 120.00
2. Centre’s Tax 11.00 12.10 11.00 12.22
3. State (X)’s Tax 13.31 12.10 11.00 1.10
4. State (Y)’s Tax - - 16.91 12.22
5. State’s Total 13.31 12.10 27.91 13.32
6. Total Tax paid to Govt. 24.31 24.20 38.91 – 25.54
Refund
Claim
7. Non-Vatable Tax borne by 11.00 0.00 25.00 1.10
Business
8. Final value paid by 146.41 145.20 152.97 146.65
Consumer

Dr.Amit FCA,CMA MCom,


Comparison (Trade of Service)

Sr. No. Particular Intra-State Inter-State


Present GST Present GST
1. Initial Value 110.00 120.00 110.00 120.00
2. Centre’s Tax 11.00 11.00 12.10 12.10
3. State (X)’s Tax 0.00 11.00 0.00 0.00
4. State (Y)’s Tax - - 0.00 12.10
5. State’s Total 0.00 11.00 0.00 12.10
6. Total Tax paid to Govt. 11.00 22.00 12.10 24.20
7. Non-Vatable Tax borne by 0.00 0.00 0.00 0.00
Business
8. Final value paid by 121.00 132.00 133.10 145.20
Consumer

Dr.Amit FCA,CMA MCom,


Dr.Amit FCA,CMA MCom,
Objectives and Components of GST
OBJECTIVES

Uniform tax Reduce Principle of


Usher in single
across the cascading ‘consumption-
rate of tax
country effect of taxes based taxation’

COMPONENTS

Integrated GST
Central GST (CGST) State GST (SGST)
(IGST)

Levy on supply of Levy on supply of


Levy on ALL inter-
ALL goods and/ or ALL goods and/ or
State supplies of
services within a services within a
goods and/ or
particular State, by particular State, by
services, by the
the Central the respective State
Central Government
Government Government
Dr.Amit FCA,CMA MCom,
Concept of CGST, SGST and IGST

• Leviable on Supply of Goods and Services


• Levy on transaction value with set-off of input tax
• Backed by Goods and Services Tax Network (GSTN)

Possible Rate Structure


Exempt Supplies: Nil-rate, Zero Percent Supplies
Zero-Rated Supplies: Exports and Supplies to SEZ
Supplies Taxable at 5%
Supplies Taxable at 12%
Supplies Taxable at 18%
Supplies Taxable at 28%

Dr.Amit FCA,CMA MCom,


Dr.Amit FCA,CMA MCom,

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