Tybcom Notes On GST
Tybcom Notes On GST
given und
Rationale
With GST, indirect taxation in India is sought to be radically reformed for reaping a heap of
nary granlks
g Plan and advantages that had eluded the country. However, GST does not apply to all indirect taxes while
segment of direct taxation is not even touched by it. A leading feature of overhauling of indirect
taation is the introduction of concurency in the case of taxes covered by GST. Earlier, both the
Centre and States could not tax the same tax base (such as production of an item) concurrently,
S are gives but under the new dispensation, they can. Furthermore, each item covered by GST is subjected to
d non Plane a single unified tax instead of several taxes.
ses certalh Over the past few decades, GST has gaincd widespread popularity throughout the world with
Over 150 countries having already adopted it in one form or the other. In conventional pattems of
ndirect taxation, a given item may be subjected to several taxes. In contrast, in GST system, it is
subjected to a single tax.
326 ndian
in Indiz) is
overlan
claimed to have several
Dual GST Mode (the type being adopted for the econ Ent
taxation-for the administration, ono
over conventional forms of indirect Oc
advantages the consumers.
for the business sector, for the taxpayers, and for Pu
as a whole,
market for each item with a country-WIde uniformi
1. GST provides a seamless and integrated
hindrance. States don
of tax rate. Traded items can cross State
boundaries without any legal T
and destination of an item bec
indulge in tay-competition with each other. Points of origin
irelevaht factórs in deternmination of its geographical market.
2. Country-wide integrated, and thus enlarged, market promotes investment activity, and stimula
economic growth. It helps in reducing regional disparities, and creates employment and
opportunities. Both
3. GST docs not feed cost and price cascading effects of taxation. Aggregate tax payable on
mak
em does increase if it passes though additional hands before reaching its final destinatidn Pow
This promotes com etitiveness of the business sector. That way, GST is both growth-oriene with
and export-promoter
3.
4. GST lowers overall tax burden on most items and thus provides a great relief to their consurte
Conventional system of multiple indirect taxes on the same item not only leads to higher pie Item
but also impose several hidden costs on both consumers and business sector. (a)
S. Compared with multiple indirect taxes, GST is much easier to administer. Its cost ofcompliangy
for the taxpayers is also much lower. As a result, overal resource cost of the tax system anas
its other negativities are scaled down. (b)
6. GST is a great help in preventing and leakages. As a result, it not only
tax evasion
increas
revenue receipts of the government but also enables it to undertake additional welfare an (d) T
growth-oriented projects.
GST IN INDA
In India, efforts to switch over to a comprehensive Dual Mode GST had been going on for thirteei
years long time. Finally, its adoption was initiated on September 8, 2016 with the passage O
Constitution (One Hundred and First Amendment) Act, 2016. It provides for a Dual Mode GST ()
and has the following salient provisions.
1. Coverage (
As mentioned before, GST covers only a segment of indirect taxes.
At the Central level, GST subsumes the following taxes:
Central Excise Duties, including those on medicinal and toilet preparations;
Additiongal Excise Duty, including those on textiles and textile products;
Service Tax; The
Additional Customs Duty commonly known as Countervailing Duty; spe
COu
Special Additional Duty of Customs; and
Cesses and surcharges in so far as they relate to the supply of goods and services. For
At the State
a)
level, GST subsumes the following taxes:
State Value Added Tax/Sales Tax;
Central Sales Tax (levied by the Centre and collected by the States;
ian Federal Finance 327
Entertainment Tax and amusement tax (other than the those levied by the local bodies);
Octroi and Entry tax;
Purchase Tax;
Luxury tax;
Taxes on lottery, betting and gambling:
axes on advertisements and entertainment to the extent not ievied by local bodies;, and
State cesses and surcharges
2 Laws
laws
w.rt. GST. Parliament can
Both Parliament and State legislatures share the power to make
to that State
entire while laws made by a State legislature apply only
make laws for the country,
and imports lies
Power to make laws coveringinter-State trade and commerce, consignments
4. Tax Rates
There is no Constitutional ceiling of tax rates on GST-covered items. Actual rates of taxes for
GST
specified goods and services are to be enacted by Parliament on the recommendations of the
council
Four Sets of Tax Rates. Indian GST system provides for the following four sets of tax rates.
(a) Two sets of tax rates in the case of iems which are 'concurently' taxable by both the Centre
and States: one set for the Centre and one for the Stuates. It means that the Centre taxes the
entire volume of a taxable item and, in addition, all the destination States tax their respective
shares of its entire volume.
328
the Centre.
items taxable only by
is applicable to taxable iteu
(6) One set tax ofrates which
by the States. Each
taxable only
to items which
are
shares.
One set of tax rates applicable their respective
(c) States in proportions of
its destination
1S taxed only by
5. GST Council and Service
constitute the Goods
President would
Amendment provided 1het the
The Consitutional of the Amendment. The Presidg
wihin 60 days of the enacment
Council (called GST Council) is mandated to ma
said enactment. The Council
the Council within a few days the
appointed
States on the following matters:
reommendations to the Union and the which ma
the local bodies
cesses and surcharges levied by the Union, ihe States and
(a)the taxes,
be subsumcd in the GST;
subjected to, or exempted from the GST;
services that may be
(b) the goods and
of Goods and Services.
(c) model GST Laws, principles of levy, apportionment
under article 269A an
supplies in the course of inter-State trade or
commerce
(d) taxes levied on
the principles that goverm the place of supply;
rates with bands of goods and services tax;
(e) the rates including floor
to raise additional resources during any natur
() any special rate or rates for a specified period,
calamity or disaster;
levied gas products;
mineral oil and
(g) the date on which the GST be
on
(k) any other matter relating to the goods and services tax, as the Council may decide.
It was mandated that while discharging the functions conferred on th GST Council, it shall ba
guided by the need for a harmonised structure of goods and services tax and for the development
of a harmonised national market for goods and services
The Presidential Order constitution the Council also covered other matters relating to its
composition, and functioning, etc.
INTERNATIONAL EXPERIENCE
The GST will make the tax structure lean and simple. GST eliminates and
1. subsumes the previous 17 central and state
indirect taxes and 23 cesses. Taxes
It can make the entire Indian market to be a unified market included in GST are
2.
1. Central taxes
which can translate into lower business costs. It can make easy : Excise duty, Central sales tax,
movement of goods across states and reduce transaction costs cesses. Surcharges and
of business. For example, under GST, octroi is abolished, 2. State taxes: VAT,
resulting in saving of time required for transport. Luxury tax, Entry tax, Entertainment tax and
Taxes on lottery
5 Percent GST
Goods and Services Tax (GST) was launched in India at the midnight
ofJune 30, 2017, at a grand function in the parliament, in the presence Goods: Garments below 1,000, packaged food items, footwear
of the President of India, Vice President, Prime Minister Modi,
former Prime Ministers and Speaker of Lok Sabha, members of the below 500, skimmed milk powder, branded paneer, frozen
vegetables, coffee, tea, spices, medicines, scents, pizza bread, life
present government, all the MPs, CMs and many other dignitories. boats, biogas, insulin.
GST came into effect on 1st July, 2017. Services: Railways, air transport, small restaurants.
18 Percent GST
Characteristics
5 0 0 , biscuits, pasta, pastries, cameras,
Goods: Footwear over
mineral water, instant food mixes,
speakers, monitors, soaps,
CCTV, optical fibre.
GST is aimed at freeing India of its archaic, multi-layered tax
tampoons, tissues, structure and replacing it with a unified single tax rate a
and
s e r v e liquor, telecom services,
IT services, single market a c r o s s the country. GST envisages "one nation,
Services: AC hotels that
financial services, restaurants inside
five star one tax".
branded garments,
hotels It aims at making life simpler for the common man, make tax
28 Percent GST system transparent and provide accountability in the tax
collection process and curb tax evasion.
Goods: Beedies, chewing gum,
chocolate notcontaining cocoa,
Widen the tax base and increase tax revenue.
waffles and wafers, paan masala, shampoo, dishwasher, weighing
machine, ATM, automobiles, vacuum cleaners.
Increase exports as all input taxes will get refunded.
Services: Hotels with room tariffs above 7,500, 5-star hotels, Movement of goods will be faster.
cinemas.
Reduce fiscal deficit as revenue increases.
GST is sub-divided into:
Traders with annual revenue upto 20 lakh need not
1. State GST (SGST) - Levied and collected by the state
under the GST network.
register
2. Central GST (CGST) - Levied and collected by the centre
Expected to increase GDP by 1.5 to 2.0 percent.
3. Integrated GST -
(IGST) Levied and collected by the centre on
Expected to bring down the prices.
inter-state supply of goods and services and on imports.
Cesses: A
GST.
cess is an additional charge levied on a
percentage of Problems
Some examples: Many GST rates as against expected on or two rates.
Paan masala - 135% Traders and small business
people feel the system is
Tobacco products - 290% complicated, specially filing the returns.
Aerated drinks - 15% Difficult process of securing input tax credit
Benefit of input credit may not be
Luxury cars - 15% passed over to the consumers.
Inflation may increase.
Difficulties in filing online returns.
Macroeconomics (FYBA : SEM-1) Goods and Servi Tax (GST)
raluation
143
BOX 1:TAX CREDIT
UNDER GSTT
Tax credit
The NDA government launched GST at midnight on 30 June, 2017,
to showcaseit as a revolutionary reform in independent India. Prior
system eliminates the
Under this mechanism, cascading effect of tax on tax.
when a businessman is
to this midnight session in parliament were confined to three events, tax on the
output finished good, he can reduce required to pay
() India's independence on August 15, 1947, (il) The Golden Jubilee has already
paid and pay the remaining amount the tax that he
of tax.
of Quit India Movement in 1992 and (iii) Golden Jubilee of India's Let us illustrate this with
independence in 1997.
an
example.
If afurniture manufacturer
However many observers consider this as only one among the bolts, polish and other purchases inputs like wood, nut-
inputs worth 7 1,00,000=00 at 10%
important reforms since independence. tax i.e. 10,000-00+1,00,000 7 1,10,000=00.
The introduction of GST was delaved for a long time. As the former 2 In the second
stage, he prepares the furniture, adds the
President Pranab Mukherjee put it "frivolous and opportunist (including his margin) by 7 50,000=00 where the valueof
coalitions at the centre had stalled economic development of he the furniture is 1,60,000=00 with 10% price
tax, it amounts to
country by not allowing the introduction of the goods and services T1,76,000=00.
tax (GST) for nearly 30 years." 3. In the third stage the retailer who
purchases
manufacturer for R 1,76,000=00 (including
from the
There are many slabs o r rates as against the expected single rate of tax), prices it for
T2,00,000, F 24,000=00 includes value added by the
GST. As pointed out by the Revenue Secretary, Mr. Hasmukh Adhia. retailer.
"We must go to the international standard of a single o r two GST The final purchaser gets the furniture for 2.00,00010%
rates". Finance Minister, Arun Jaitley justified the multiple GST rates (20,000) tax = 7 2,20,000.
by asking. "Would you charge taxes on a Hawai chappal and a BMW The retailer who collects R 20,000=00 tax from the final
at the same rate ? It would be inequitable".
purchaser, claims a credit of earlier taxes paid, that is
An IT infrastructure facility developed in the form of GST
was 16,000=00 (10,000 +
6,000) bearing the tax liability of only
Network (GSTN). It provides service for implementingGST for tax T4,000=00.
payers and government (Central, State and
Union Territories). It is
the interface between government and tax payers. Let us summarise the tax paid and tax credit.
No. 1). It is, however, pointed out that such a system was in existence 2,00,000-00
under Value Added Tax (VAT).
Tax credit has to be claimed from the State or Central government
depending on whether the tax in SGST or CCST.
The tax credit avoids the cascading effect of tax on tax.