GST and Indirect Taxes
GST and Indirect Taxes
GST and Indirect Taxes
GST (Goods and Services Tax) is one indirect tax for the whole nation (one nation
one tax) . It is the resultant tax after subsuming major Central and State indirect
taxes. GST is a destination based tax levied on the consumption of goods and
services across the nation, thus rendering the country one unified common market.
A destination based tax is one which is levied in the state where the goods or
services are consumed and not where they are produced. On the other hand, an
origin based tax is levied in the state where goods or services are produced (not
consumed).
In India, GST is effective from July 1, 2017.
In simple words, Goods and Service Tax (GST) is an indirect tax levied on the supply
of goods and services. This law has replaced many indirect tax laws that previously
existed in India.
They can be imposed by the laws made by the Central or State government. For the
Central government, the three main components of indirect taxes are Central Excise,
Customs and Service tax. Similarly, for the State Governments, the major taxes are
Value Added Tax and Central Sales Tax along with Octroi, Entertainment Tax etc.
Under the GST Act, 2017 the burden of paying the tax is on the final consumer. It is
a destination-based consumption tax. The revenue is received by that State where
the goods and services are destined to be consumed. The State which produced the
goods and services will not receive the taxes. Maximum retail price (MRP) includes
GST, it cannot be charged over MRP. Following have been kept out of the ambit of
GST- alcoholic liquor for human consumption, oil and fuel, tobacco and real estate
sector.
In India, the Double GST Model is followed, Centre and State both can
simultaneously levy a tax on the same transaction. It suits the federal structure of the
Government of India as in case of supply within the State, Central Goods and
Services Tax (CGST) and State Goods and Services Tax (SGST)/Union Territory
Goods and Service Tax (UTGST) is levied in half rate. In the case of supply outside
the State, Integrated Goods and Services Tax (IGST) is levied at full rate. The half
share is given to the Centre and the other half is given to the State/UT where the
goods and services are destined to be consumed. The CGST Act, 2017 provides
separate provisions for the supply of goods [1] and supply of services [2].
Collection of GST
The liability to pay CGST/SGST/IGST arises at the time of supply of goods and/or
services, as the case may be. Thus, liability to pay tax on inter-State supply, or intra-
State supply, or both would crystalize at the time of supply. Liability to tax and liability
to pay tax is separate and distinct. Liability to pay tax is not the same thing as a
liability to tax. Accordingly, though the tax is attracted to supply, the power to collect
the same arises only when the time of supply arises. But the collection of such tax is
postponed to a future date. Collection of such tax is made by the due date of filing
return for the respective tax period.
2. Sale or purchase of goods during import and export out of the territory of India.
Definition of Tax
The Constitution (One Hundred and First Amendment) Act, 2016 defines ‘goods and
services tax’ as any tax on supply of goods, or services or both except taxes on the
supply of alcoholic liquor for human consumption.[4] Thus, alcoholic liquor for human
consumption has been kept out of the GST ambit. Further, ‘Services’ has been
defined as anything other than goods.[5]
While Article 246A has bestowed on the Parliament the exclusive power to make
laws regarding inter-State supplies, the method of dissemination of revenue from
such supplies between the Centre and the State is covered in Article 269A. It allows
the GST Council to frame rules in this regard.
The GST Act, 2017 also made amendments in residuary powers of legislation under
Article 248. As per the amendment, the exclusive power of Parliament to make any
law on any matter not enumerated in the Concurrent List or State has been made
subject to Article 246A. The amendment also provides that Parliament has the power
to make laws for the whole or any part of the territory of India on a matter in the
State List or regarding GST provided under article 246A if it is necessary or
expedient in the national interest or if a Proclamation of Emergency is in operation
under Article 249 and Article 250 respectively.
GST Council
The most astonishing feature of the amendment is the formation of the GST Council
under Article 279A. It is a joint forum of the Central Government as well as the State
Governments. The Union Finance Minister of India is appointed as the Chairperson
of the GST Council. The Council is responsible for making important decisions
regarding GST laws. Its functions include making the decision on tax-related laws,
the tax rate, tax exemption rules, notifying separate notification date for applicability
of GST on oil and fuel, the due date of submitting GST forms, special exemptions for
some States etc.
2. Exporters who prior had profited by tax exemptions on their inputs are currently
needed to pay taxes on inputs in advance. Only then they are allowed to claim a
3. GST makes the entire process from filing the return, payment of tax, refund
claim etc., entirely online. Generally, little and medium ventures might not have
the specialized technical knowledge to adjust to this gigantic change.
Conclusion
After analyzing the constitutional provisions of GST, it can be concluded that GST
will bring One Nation and One Tax market. GST is going to subsume all major
indirect tax laws prevailing in India. Proficient formulation of GST is unquestionably
going to prompt revenue gain for both Centre and States significantly through
enlarging of tax base and advancement in tax compliance. It can be further
concluded that GST positively affects different areas and industries. It is evident from
the above discussion that the new system of imposing and collecting taxes is much
more convenient and less complicated than before.
With the beginning of industrial revolution in the early 1800 European market where
introduced with machine made material with clothing fabric being most prominent.
This introduction was so intense the selling manufacturing items become impossible
due to market saturation. Indian market was flooded with British products. Few rare
exceptions were there, few products like clothes were also produced in India in
cottage industry as per obvious reasons compared to the imported British products
and price with lower. At that point British thought the impose taxes on India made
products. The modern history of indirect taxes start in the early of 20th century while
the excise duty was imposed on salt, sugar, motor spirit, etc. Gradually the base of
excise duty was increasing. The Central excise act was formulated in 1944 and their
after has gone to a gradual change year by year
initially it was introduced for selected commodities under the union excise duties
(UED).
in order to persuade the states to rationalize their tax system, the government of
India appointed a state finance minister’s committee to make recommendations to
phase in the VAT within the given time frame. This was later transformed into the
Empowered committee of state finance minister's.
The committees recommendation that the VAT be implement in 2003 was postponed
repeatedly until April 2005 the major landmark in tax reform at the state level was
simplifying and finalizing the sales tax system the introduction of value of the tax in
the state from 1st April 2005.
The introduction of VAT was a major reform exercise, even if it may call some
confusion and uncertainty the VAT tax base has strength in the information base for
tax administration resulting in improving the compilers of other tax and their by
enhancing the overall productivity of tax system VAT was introduced in Assam in the
year 2005
introduction of GST
The attempt of a nationwide VAT was an unthinkable one even at the beginning of
the new millennium as it means state sales tax and central excise duty and service
tax are to be merged into one for the states for the sales tax is the largest source of
tax revenue but still, the advantage of a single tax and its beneficial impact on
unifying the economy promoting economic activities the first move to was the
introduction of goods and service tax (GST) in India was made the Atal Bihari
Vajpayee government in the year 2000 by initiating discussion with the state finance
minister.
In 2004 Vijay Kelkar suggested a comprehensive GST and in the next year Mr. P
Chidambaram the then finance minister set to launch GST as a budget goal
After a year of deliberation between sales and Central GST was introduced in India
on and from first July 2017 all the states except the state of Jammu Kashmir join this
1. To bring the entire Indirect Taxation under One Market. This would mean that all
across India, the taxation rates are uniform for a specific Good/Service; There
would be One Common Governing Law that needs to be understood and
complied with. This would make a positive proposition for India in the following
ways:(a) Uniformity of taxation across states – This would promote businesses
to transact across state borders and enhance their consumer base.( b)The
convenience of Compliance – It would pave the way for easier setup of
businesses across state borders since taxation laws would be common across
states. ( c) Foreign Business entities would have an easier entry to the
Indian market – A large business entity would any day prefer to make its target
market a country rather than a state. Complying with every single state’s taxation
laws and tax rates would be monetarily draining and time-consuming and
uniformity across borders ensures easier compliance.
3. The GST is implemented via the Goods and Service Tax Network (GSTN). The
GSTN, comprising of robust technical architecture in synergy with the Thought-
Process of the Digital Age. A Vital element of the compliance would be that the
unique GST Identification Number (GSTIN) has to be seeded for all sales
registries/invoices uploaded. This would help in –(a) Tracking and recording all
monetary transactions of the taxpayer. Thus, evading of would become all the
more difficult. (b) determining the health of businesses across various sectors of
the country, i.e., the sales of all companies across a particular sector can be
determined and the actual growth of each sector for the country can be
established.
4. The GSTN has enlisted 34 GST Suvidha Providers for providing a platform
through which taxpayers can file their taxes. Also, Application Service Providers
in turn can integrate with these GSPs to provide taxpayers one more route for
tax filing. These multiple routes have enabled many businesses to provide much
sought-after value additions to taxpayers, the most important of which would be
accountancy. The Digital Open-Mindedness of the Entire GST System has
GST rates changes hit industries and trade bodies. Everyone from business to
consumers evaluates their position as a result of this change.
So in this article, we bring you the meaning of the GST rate and the key
changes in GST rates from the inception of the GST law so far.
0% Milk
0% Eggs
0% Curd
0% Lassi
0% Unpacked Foodgrains
0% Unpacked Paneer
0% Gur
0% Salt
5% Sugar
5% Tea
5% Edible Oils
5% Domestic LPG
5% PDS Kerosene
5% Cashew Nuts
5% Milk Food for Babies
5% Fabric
5% Spices
5% Coal
5% Life-saving drugs
12% Butter
12% Ghee
12% Almonds
12% Fruit Juice
18% Toothpaste
18% Soap
18% Pasta
18% Soups
28% Untitled
Note: Labelled and pre-packaged paneer, buttermilk, and curd attract 5% GST
from 18th July 2022.
what’s costlier
What's cheaper
The rates will come into effect from 18th July 2022
subject to CBIC notification
e-Waste 5% 18%
*The rates will come into effect from 18th July 2022
subject to CBIC notification
*The rates will come into effect from 18th July 2022
subject to CBIC notification
Further, the transport of passenger service included under Section 9(5) of the
CGST Act will also include omnibus and other motor vehicles. Further, cloud
kitchens e-commerce operators providing the supply of food will also be
included under Section 9(5) and subject to GST. However, it exempts food
supply services from premises having hotel accommodation where the
declared tariff per unit is at or below Rs.7,500. These two are notified vide the
Central Tax (Rate) notification no. 17/2021 dated 18th November 2021.
b) Central Tax (Rate) notification no. 15/2021 dated 18th November 2021
removed ‘Governmental Authority or a Government Entity’ from serial 3 being
construction services.
c) Key changes are carried out to the description of goods chargeable to GST
vide the Central Tax (Rate) notification no. 18/2021 dated 28th December 2021.
d) Key changes are carried out to the description of goods exempt from GST
vide the Central Tax (Rate) notification no. 19/2021 dated 28th December 2021.
e) A concessional GST rate of 12% applies to HSN code chapter 4414 instead
of earlier 44140000 covering wooden frames having paintings, photos ,mirrors,
With effect from 1st October 2021 subject to the CBIC notification
These were notified vide the Central Tax(Rate) notification no. 04/2021 and
05/2021 dated 14th June 2021.
Medicines required for COVID-19 & Black Fungus treatment:
Tocilizumab 5% Nil
Amphotericin-B 5% Nil
Remedesivir 12% 5%
COVID-19 testing kits and items utilized for the prevention of COVID-19:
others:
The non-alcohol based sanitizers will continue to be taxed at an 18% GST rate.
Aircraft MRO (Maintenance, Repair, Overhaul) services 18% 5% (with full ITC)
GST rate changes will apply from 1 March 2020 for lottery and from 1 January
2020 for bags and sacks.
Supplies to FIFA- specified persons for the Under-17 Women’s Football World
Cup in India
Supply to the Food and Agriculture Organization (FAO) for specified projects in
India
Changes in Tax
SL.no List of Goods/Services
Rate
16 28% to 18%
Remaining 30% of the EPC contract value is supply of service and attracts
standard tax rate for service.
Vehicles imported for temporary purposes under the Customs Convention on the
Temporary importation of Private Road Vehicles (carnet de passages-en-
douane) will be exempt from IGST and Compensation cess.
SERVICES
Rate Change
Senior Citizens
GST exempted on the administrative fee collected by National Pension System Trust
Agriculture/ Farmers
Banking/Finance/ Insurance
Government
Miscellaneous
2. GST rate slabs will apply on the actual rate for hotel services instead of declared
tariff.
Reduced from 28% to 18%- Old and used motor vehicles [medium and large
cars and SUVs] without ITC, Public transport Buses that run on Biofuel, Services
of joy rides, Go-karting
Reduced from 28% to 12% –Old and used motor vehicles [other than medium
and large cars and SUVs] without ITC
Reduced from 28% to 18% W.e.f. 15th Nov 2017 – Shampoo, Perfume, tiles,
watches
Reduced from 18% to 12% – Condensed milk, refined sugar, diabetic food
Reduced from 12% to 5% – Desiccated coconut, idli dosa batter, coir products
For Restaurants within hotels, and room tariff greater than Rs. 7,500 the GST
rate is 18% and credit of ITC paid on inward supplies can be availed.
In addition to the above, a few other items were mentioned in the Council’s
announcement of GST rates. These items and the applicable GST rates on
them are as follows
Sugar, Tea, Coffee and Edible oil will fall under the 5 % slab, while cereals, milk
will be part of the exempt list under GST. This is to ensure that basic goods are
available at affordable prices. However, instant food has been kept outside this
bracket so, no relief for Maggie lovers!
Coal to be taxed at 5 % against the current 11.69 %. This will prove beneficial for
the power sector and heavy industries which rely on coal supply. This will also
help curb inflation. Expect a good run for Coal India tomorrow.
The ‘mithai’ from the neighboring sweet shop might lose some of its flavors as
Indian sweets will now be taxable at 5 %. If you have a sweet tooth, this could
hurt your pocket a wee bit in the coming days.
Toothpaste, hair oil, and soaps will all be taxed at 18 %, where currently they are
taxed at 28 % Most of the cosmetics and fast-moving consumer goods (FMCG)
brands should get the benefit of this tax reduction. After all, Fair and Lovely
might seem fairer in its pricing from now on!
The Council has set the rate for capital goods and industrial intermediate items
at 18 per cent. This will positively impact domestic manufacturers as seamless
input credit will be available for all capital goods. Indeed, it is time for “Make In
India”.
Characteristics of Tax:
They are:
2. The fact that tax is a contribution implies the notion of a sacrifice involved on the
part of the contributor.
3. Tax payment is a personal obligation. Prof. Lutz rightly point out that the
obligation to pay tax is a personal responsibility of the taxpayer. This personal
obligation to contribute to the states support is universal and applies to all. This
does not mean that all taxes must be levied on persons or objects of taxation.
As a matter of fact, taxes are actually based on a great variety of material things as
well as non-material and intangible form of wealth. The meaning is that the primary
obligation to pay the tax is a personal obligation.
5. The amount of tax is not fixed with reference to the exact benefit which a
taxpayer receives from public service. In other words there is no element of quid-
pro-quo in the payment of tax.
7. The power of taxation is mainly to be used for collecting revenue to the state.
Writers like Prof. Lutz are of the opinion that the modern concept of taxation
emphasizes positively that it should be used for the purpose of providing public
revenue and that it apparently does not give a positive sanction to the use of the
taxing power for the accomplishment of ulterior objects.
It includes payment for postage, tolls, interest on funds borrowed form government
credit corporations, prices for liquor in government stores, surplus war materials,
electricity distributed by publicly owned utilities etc.
Dalton argues that there is no substantial distinction between the British government
revenue from export duties imposed on private traders and the French government
monopoly profit from the sale of Tobacco; so long as the government uses its
monopoly power in a public enterprises to charge high prices with a view to get large
profits as a form of revenue.
Income from public domain is also included in the commercial revenue. This income
is received from public property in land, building, mine etc. income from this source
consist of the receipts from lease or sale of these properties or the sale of products
in public properties. It includes only that part of public property which is reserved or
used by the state or is leased to private persons basically for fiscal purposes.
However revenue from public domain is not a major source of income in many
countries in modern times. The income from this source is steadily tending to
decrease.
Administrative Revenue:
Those receipts placed in the category of administrative revenue include fees,
licenses, fines, forfeitures, escheats and special assessments. They generally arise
as a by-product of the administrative function of the government. Hence they are
called administrative revenues.
(a) Fees:
Fees are payments for services rendered by the governments such as registration of
births and deaths etc. Prof. Seligman defined fee as “a payment to defray the cost
of each recurring service undertaken by the government primarily in the public
interest but conferring a measurable special advantage on the fee payers”.
Thus a fee is a payment charged by the government to bear the cost of admin‐
istrative service rendered by the government.
It is paid by the people to avail such services. In charging the fee certain principles
should be followed. The fee levied must be equal to the cost of production. It may
also resemble a monopoly price, since it is charged by the public authority to prohibit
rendering the same service by any other than itself.
A distinction can be drawn between tax and fees. Prof. Seligman point out how fee
differs from a tax in several important points.
2. The payment of fee legalizes some action. If the fee is not paid, the base of the
fee or the source or purpose of the fee becomes illegal. This is not the case with a
tax. If the income tax is not paid, the defaulter is made to pay a penalty, but the
income itself is not made illegal. But if the automobile driver does not pay the
registration fee, driving of the car is made illegal.
3. A third distinction between taxes and fees may be found in the conditions attached
to the service which the government performs in the case of a fee the government
does some particular thing in return. In the case of tax, it gives no equal service.
There is quid-pro-quo in fees, but quid-pro-quo is absent in tax.
Certain public improvements, such as the construction of streets and sewers, confer
specific benefit upon particular property owners in addition to their general
community benefits.
(c) These assessments are not progressive but proportional to the benefit received,
(d) It is a payment for specific local improvement, and
(e) Through this charge the government claims a part of the unearned increment in
the value of property, which arises from specific improvement programmed of the
government.
Three practical bases are used in making special assessments:
(1) If the public authority improves a street, the suitable method of fixing the rate of
the beneficiaries is to make it vary according to the length of the frontage facing the
street.
(2) In the case of irrigation and drainage projects, the area is used to assess the
special benefit received.
(3) If the improvements results in appreciation of the value of the properties, the
assessment will take into account, the new value of the property as a ratio of the
original value.
(d) Fine and Penalty:
It refers to the claim of the state to the property of persons who die without legal
heirs or documented will. It is the duty of the state to guarantee distribution of the
estates of deceased persons to heirs specified in wills, or to persons declared to be
lawful heirs by courts, if no such heirs exist, the property reverts to the state.
Under the rights of escheat, the government may also acquire unclaimed property of
dissolved educational institutions or other trusts. This is not an important source of
revenue to modern government.
Such contributions are made by patriotic, charitability minded persons during war,
flood or natural calamities to overcome deficiency in government revenue position.
Gifts have no significant place in modern revenue system, except during national
emergencies like war.
Grants or grants-in-aid are a method by which one government provides financial
assistance to another. In a federation the central government provides grants to
state governments, usually in the performance of a specified function.
Sometimes the government of one country receives a grant from another country
which is commonly called foreign aid. It may be military aid, economic aid etc. Many
advanced countries and international funding agencies like World Bank, IMF, etc.
gives grants-in-aid to developing and poor countries for economic development
programmed.
5. Public Borrowing:
In the modern world every government use the method of raising revenue by public
loans. Just as individuals or business firms may borrow in anticipation of other
revenues, the government also borrows.
Objectives of Taxation:
In a modern democratic society ‘tax tool’ is an important ingredient of the fiscal
system, to achieve certain important objectives.
Today tax tool is not only the traditional type of revenue raiser, but also it is a multi-
edged tool, which can be used for influencing the national economy. The war and
post war period have proved that a good deal of economic effect can be generated
by taxation.
Now it has been widely accepted that taxation is a powerful fiscal tool, which can be
effectively used to achieve certain objectives such as increased production, better
distribution of wealth, to control cyclical fluctuation in income and employment etc. in
a country.
Hence taxation should be governed by certain well defined objectives.
The major objectives of taxation held in the past and pursued today are
detailed below:
1. Revenue Aspect:
The time honored objective of taxation is to raise revenue. The introduction of new
tax measures or the strengthening of existing measures means an increase in
government income to finance normal expansion of governmental activity. This
This doesn’t mean that non-revenue consideration have no place in the formulation
of tax policy. This only means that when government has to meet increased
expenditure, it is on taxes that it primarily relies.
However, revenue objective of taxation is subject to certain criticism. It is commonly
argued that, taxation may be used as an instrument for obtaining certain social
objectives like redistribution of wealth and reduction of inequality.
2. Regulatory Objective:
A second objective of taxation is that of regulation or control. This is ‘sumptuary
taxation’. Technically the term sumptuary refers to the regulation or control of private
expenditures. In public finance it came to represent all extra revenue objective of
taxation.
There are some taxes where primary objective is to control and regulate consump‐
tion. For example, restrictions on the consumption of alcoholic liquors are effected by
means of restrictive excise duties.
In the case of such taxes, primary aim is one of regulation and not of revenue. For
instance, the policy of high cigarette excise enforced by some state governments in
India seeks to attain certain social and economic objectives at the cost of revenue
yield.
Likewise customs duties can be levied on imported articles with a view to encourage
internal production of the same. However, this method of combining regulation with
revenue collection is criticized on the ground that it achieves neither purposefully.
Similarly those taxes, which are taken from surplus income, reduce funds available
for private consumption and investment. When the level of income is low, the
revenue objective of taxation will have to be subordinated to sumptuary objectives,
According to this view, public finance must be functional finance in which revenue
motives and other motives must be subordinated to that of maintaining an adequate
level of income. Taxation should be used as a means of cutting down total spending,
when it becomes necessary so as to prevent excessive total demand and inflation.
5. Incentive Objective:
In recent years a good deal of emphasis has been given on ‘incentive taxation’. It
includes a variety of proposals, designed to provide preferential treatment for income
from business enterprises and establishing rewards and penalties to stimulate
output.
Its purpose is to stimulate the larger flow of investment activities in the desired chan‐
nel and to prevent its flow into undesired channels. Several types of incentives are
provided under incentive taxation to stimulate investment activity.
For example, ‘tax holiday’ given to investors who establish investment units in a
backward area, for a certain number of years. Another example is export subsidy
given to export industries to boost our export to foreign countries.
6. Reduction of Inequalities:
It is now generally accepted that taxation ought to be used as a means of regulating
the socio-economic life of the community, it is an effective tool to reduce the glaring
inequalities of income and wealth existing in the modern society. Democratic
governments aim at securing social justice. Progressive tax system is designed to
achieve this objective.
Growth may sometimes generate inflationary pressure in the economy. Hence, tax
policy should aim at bringing about stability in the economy.
The discussed objectives may change from time to time depending on the prevailing
economic condition in an economy. The changing political scenario of a democratic
However, revenue objective is the prime motto behind any tax policy. All other objec‐
tives are supplementary to these basic objectives. In a sense socioeconomic
objectives cling around the revenue objective of tax policy.
Hence, it is very difficult to frame a comprehensive tax policy, which will help to
realize the manifold objectives discussed above.
In a democracy, taxes will not be imposed unless they meet with the approval of the
majority of the representatives of the people. But once taxes are levied, no individual
has the choice of paying or not paying.
Owing to this compulsory nature, tax collections have significant effects upon the
behavior of individuals and the functioning of the economy. This aspect must be
taken into consideration, in the framing of appropriate tax structure.
Tax revenue has occupied the most important place in the revenue system of all the
governments in modern days. Principles of taxation mean the framing and
employment of appropriate criteria in the development of tax structure. This aspect
has received attention from earlier days.
Recently, most studies in public finance, merely repeat the older doctrines. The
development of the principles of taxation is essentially an application of the theory of
economic welfare.
The principles of taxation can be selected only in terms of the goals which are
accepted as the appropriate objectives of the economic system. Adam Smith was
probably the first writer to attempt a general statement of the principles or canons
which should govern any sound system of taxation.
The celebrated Canon of taxation as prescribed by Adam Smith is explained
below;
It implies that in absolute terms the richer should pay more taxes, because without
the protection of the state, they could not have earned and enjoyed that extra
income. In this case Smith observes “it is not very unreasonable that the rich should
contribute to the public expense not only in proportion to their revenue, but
something more than that proportion”.
2. Canon of Certainty:
This canon is meant to protect tax payers from unnecessary harassment by the tax
officials. The amount to be paid, the time and method of payment should be clear
and certain for the tax payers to adjust his income and expenditure accordingly.
“The tax which each individual is bound to pay ought to be certain and not
arbitrary. The time of payment, the manner of payment, the quantity to be paid
ought all to be clear and plain to the contributors and to every other person”.
Adam Smith further point out that if a scope for arbitrariness exists, then under such
circumstances, even honest tax machinery will become unpopular. Certainty also
implies that the state should know how much revenue it could expect and when it
could get it.
According to Adam Smith uncertainty in taxation encourages corruption. All attempts
at equality will be a myth, without the tax being certain.
3. Canon of Convenience:
This canon states that “every tax ought to be levied at the time or on the manner in
which it is most likely to be convenient for the contributor to pay it. A tax imposes
burden on the taxpayer.
Hence a tax should be imposed at a time and in such a manner that the taxpayer
feels minimum of inconvenience. For example, agricultural tax should be collected
soon after harvest, since the farmers are in a better position to pay it. Income tax
should be deducted monthly on installment basis from salaried taxpayers.
The canon of certainty implies that the time and manner of payment should be
certain. But the canon of convenience says that the time of payment and manner of
4. Canon of Economy:
Every tax involves a collection cost. It is important that the cost of collection should
be the minimum possible. Smith says that “every tax ought to be contrived as
both to take out and to keep out of pockets of the people as little as possible
over and above what it brings to the public treasury of the state”.
The tax is economical, in the sense that the cost of collection is very small.
Moreover, a tax will violate the canon of economy, if hinders the development of
trade and industry in any manner.
Taxes on harmful drugs and intoxicants are regarded as economical because they
not only bring income but also discourage unproductive expenditure. This rule
requires that taxes be established, in such a manner as to minimize the real costs of
collection, in terms of resources required to collect the taxes and to comply with the
tax laws on the part of the taxpayers.
Other Canons:
5. Canon of Productivity:
Productivity or physical adequacy means that, the tax system should sufficiently yield
the revenue needed to meet the requirements of the state.
Productivity again means that the government should not depend upon deficits. One
tax bringing a large income is not better than many taxes, each bringing very small
revenue. However, multiplicity of taxes should be avoided. Another meaning of
productivity is that the tax should not discourage production.
6. Canon of Elasticity:
Elasticity demands that there should be in the system, a capacity to respond quickly
to the changes in the demand for revenue. For example, in India income tax is
elastic. By raising the rate a bid or imposing surcharge the government is able to
collect more revenue.
7. Simplicity:
The tax system should be simple, plain and intelligible to the common man. As far as
the underdeveloped countries are concerned, this is a very important characteristic
of good tax system; since the common taxpayers are illiterate.
In any country the system of taxes and the laws governing them should be simple. A
complex tax system may even prompt an honest taxpayer, to indulge in involuntary
tax evasion.
8. Flexibility:
Flexibility means that there should be no rigidity in the tax system, so that it can be
quickly adjusted to new conditions. Under a flexible system, a new tax can be
imposed or an old tax can be withdrawn to adjust to the changed situation.
9. Diversity:
There should be a variety of taxes properly coordinated, so as to form a united and
consistent system. The tax system should be broad based. This canon requires that
the tax system should not rely on a few taxes. There should be a large number and
variety of taxes, so that it can touch all sections of the people in the society.
10. Neutrality:
The tax system should not distort the working of the market mechanism. Taxes
should not produce any adverse effect in the economy. This canon means that taxes
should be able to avoid undesirable effect upon the economic system of the country.
11. Canon of Co-Ordination:
12. Canon of Expediency:
This canon insists that taxes should not be covered in controversy. Taxpayers should
have no doubt about its desirability.
The canons of taxation have a sound philosophy behind them and exhibit an insight
into the practical experience of tax administration and its effects. Since the days of
Adam Smith many other principles have been added.
Supplementing Smith’s four canons, Bastable adds the maxims of productivity and
elasticity and holds productivity to be the most important principle. In this context,
Prof. Cannon observes “the ultimate object of every system of public finance,
so far as the distribution of taxation is concerned must be of course to secure
the best result on the whole and in the long run”.
In this context, equity and economy is considered as the two guiding principle of
taxation. However, in general, the tax structure is considered as a part of the
economic organization of a society and should therefore fit in its overall economic
policy.
Tagged on Taxes are generally are tagged Duties generally are tagged with a cost
on an ‘ income or value’ perspective
(2) It extends to the whole of India except the State of Jammu and Kashmir
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and
any reference in any such provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision.
1. The Central Goods and Services Tax Act, 2017 has been implemented in the
State of Jammu and Kashmir from 8th July, 2017 through Constitution (Application to
Jammu and Kashmir) Amendment Order, 2017, the Central Goods and Services Tax
(Extension to Jammu and Kashmir) Ordinance, 2017 and the Integrated Goods and
Services Tax (Extension to Jammu and Kashmir) Ordinance, 2017.
2. Certain provisions were came into force on 22.6.17 and remaining provisions on
1.7.17 as notified by the Central Government and hence appointed day for the
CGST Act, IGST, UTGST Acts, SGST Acts was 1st July, 2017. However, the
appointed day for the State of Jammu and Kashmir was 8th July, 2017.
The short title, serves simply as an ease of reference and is considered a statutory
nickname to obviate the necessity of referring to the Act under its full and descriptive
title. Its object is identification, and not description, of the purpose of the Act.
Extent:
Part I of the Constitution of India states: “India, that is Bharat, shall be a Union of
States”. It provides that territory of India shall comprise the States and the Union
Part VI of the Constitution of India provides that for every State, there shall be a
Legislature, while Part VIII provides that every Union Territory shall be administered
by the President through an ‘Administrator’ appointed by him. However, the Union
Territories of Delhi and Puducherry have been provided with Legislatures with
powers and functions as required for their administration.
India is a summation of three categories of territories namely – (I) States (29); (ii)
Union Territories with Legislature (2); and (iii) Union Territories without Legislature
(5).
The State of Jammu and Kashmir enjoys a special status in the Indian Constitution
in terms of Article 370 of the Indian Constitution. The Parliament has power to make
laws only on Defense, External Affairs and Communication related matters of
Jammu and Kashmir. As regards the laws related on any other matter, subsequent
ratification by the Government of Jammu and Kashmir is necessary to make it
applicable to that State.
Therefore, the State of Jammu & Kashmir were required to pass special laws to be
able to implement the Goods and Services Tax Acts. Accordingly, the assembly of
J&K passed the GST bill in the first week of July. Subsequently, Honorable President
of India had promulgated two ordinances, namely, the CGST (Extension to Jammu
and Kashmir) Ordinance, 2017 and the IGST (Extension to Jammu and Kashmir)
Ordinance, 2017 making the CGST/ IGST applicable to the State of Jammu and
Kashmir, w.e.f. 8th July, 2017.
Once the laws are passed by the State of Jammu & Kashmir, the Union Government
will have to amend the Central Goods and Services Act, 2017 to delete the phrase
that such provisions do not apply to the State of Jammu & Kashmir. After the
promulgation of ordinance, the India has adopted GST in its form across the country.
Objectives of Taxation
Objectives
of raising
Regulatory
Developmental objective objective
Taxation can help you to achieve higher level of Taxation works as an
development within the country such as important role in
regulation especially in
Economic development
the social and
social development economical aspects
capital development such as
regulation of
production of goods
Tax structure in India before GST regulations of
import and export of
goods
regulations of
inflammation and
depression etc.
Duties of Excise
(Medicinal and
Toilet Preparations)
Additional Duties of
Customs (CVD)
Special Additional
Duty of
Customs(SAD)
Service Tax
Entry Tax
Purchase Tax
Luxury Tax
Taxes on lotteries,
betting and
gambling
To determine this, it is first important to ascertain the location of the supplier of the
goods/ services and the consumer. Location defines whether a combination of SGST
and CGST will be applicable or only IGST.
Let us say there is an auto component manufacturer in Pune, and he wants to send
the goods to Mumbai. Since both Pune and Mumbai are located in Maharashtra,
both SGST and CGST will be applicable. It will be equally distributed between the
central government and the state government. Now take another example. Let’s say
this same auto component manufacturer from Pune wants to dispatch goods to
Now let us see who all are liable to pay GST. The following categories of
persons will be liable to pay GST:
Persons already registered under an earlier law which are subsuming under
GST
E-Commerce Operators registered under GST and required to collect tax (TCS)
Any business or entity that has registered for GST will be assigned a unique Goods
and Services Tax Identification Number (GSTIN). This GSTIN will be used for the
purpose of filing returns.
Scope of GST
1. Easy compliance: GST makes it easy for taxpayers to compliance with required
rules and regulations timely. They can avail all services relating to GST via
online portal such as registration, tax payment, return filling, response to notices,
etc. It has accelerated the whole process.
5. Bring uniformity in tax structure: GST has unified the whole tax structure of
the nation. It has introduced the same tax rates for products and services across
the country.
The introduction of GST is going to be a very important step in the field of indirect tax
reforms in India. It is perceived that GST would increase the competition of our
products in both Domestic and International markets. Many studies have proven that
such a situation would create an instant growth in the economy.
According to present concept, the tax is applied on manufacture and sale of goods
or provision of services. But GST would be applicable on the supply of goods or
services.
The GST will have a dual effect between Centre and States simultaneously levying it
on a common tax base. The GST which will be levied by the Centre on intra-State
supply of goods and/or services would be called Central GST (CGST) and that to be
levied by the States would be called State GST (SGST).
The GST will be applicable to all goods other than alcoholic liquor for human
consumption and five petroleum products, which are petroleum crude, motor spirit
(petrol), high speed diesel, natural gas and aviation turbine fuel. It would apply to all
services barring a few to be specified.
Tobacco and Tobacco products will be subjected to GST and the Centre can levy
Central Excise duty on these products.
The GST will replace the following taxes currently levied and collected by the Centre:
*ETILOO: is a tiny tax, but difficult to comply with and inflicts enormous pain on the
economy. It divides the Indian common market and acts like a tariff on import of
goods into a local/municipal area from the rest of the country.
An Integrated GST (IGST) would be levied and collected by the Centre on inter-State
supply of goods and services. The accounts would be settled periodically between
the Centre and the States to ensure that the SGST portion of IGST is transferred to
the destination State where the goods or services are eventually consumed.
The tax payers shall be allowed to take credit of the taxes paid on inputs (input tax
credit) and utilize the same for payment of output tax. But no input tax credit on
account of CGST shall be utilized towards payment of SGST and vise versa. The
credit of IGST would be permitted to be utilized for payment of IGST, CGST and
SGST in that order.
Harmonized System of Nomenclature (HSN) code will be used for classifying goods
under GST regime. Taxpayers whose turnover is higher than Rs. 1.5 Crores but
below Rs.5 Crores shall use 2 digit code and the taxpayers whose turnover is Rs.5
Crores and above shall use 4 digit code.
Exports shall be treated as zero-rated supply. No tax is payable on export goods but
credit of the input tax related to the supply shall be admissible to exporters.
The import of goods and services would be treated as inter-State supplies and would
be subject to IGST in addition to the applicable customs duties.
The laws, regulations and procedures for levying and collecting CGST and SGST
will be in harmony to possible extent.
Articles 268-293, mentioned in Part XII of the Constitution, specifies the financial
relations between the Centre and the States.
Division of taxation authorities between the federal government and the states:
The Parliament has the authority to charge the union list taxes
The state legislature has sole authority to impose the taxes listed in the State
List. The Concurrent List enumerates the taxes that can be levied by both the
Parliament and the state legislatures
The Parliament has the residuary power of taxation (i.e., the authority to impose
taxes not listed in any of the three lists). The parliament may levy a gift tax, a
wealth tax or an expenditure tax under this article
There are no tax entries available on the concurrent list. In terms of tax
legislation, the concurrent jurisdiction is inaccessible. However, the 101st
Amendment Act of 2016 provided an exemption by establishing a unique
provision for goods and services tax. The concurrent competence to make
legislators/legislation controlling goods and services tax has been given to
parliament and state legislatures by this amendment.
As time has passed, the Finance Commission has been effective in introducing
dynamic and progressive reforms in the financial relations between the centre and
the states. Inequitable borrowing power distribution remains a problem and a major
concern that must be addressed in light of the changing dynamics of the states-
centre financial relationship.
The Constitution has placed the following restrictions over the taxation powers of the
states:
A state legislature may levy taxes on certain professions, crafts, callings and
occupations. However, under 2500 p.a. cap, a state legislature is barred from
levying a tax on the supply of goods or services or both, under the following two
situations:
The Parliament has the authority to establish standards for identifying whether a
supply of commodities or services, or both, occurs outside of the state, or in the
path of import or export
1. The Centre imposes taxes, while the states are in charge of collecting them.
(Article 268): It contains a variety of duties and tax revenues, including:
The collected duties levied by any state (inside the state) are given to the state
rather than to the Consolidated Fund of India
The centre imposes a service tax, but the states collect and appropriate it
(Article 268-A) (now outlawed amid GST)
2. Taxes levied and collected by the federal government but distributed to state
(article 269): This category includes the following taxes:
All of these taxes’ net proceeds do not go into the Consolidated Fund of India
(CFI). According to the principles established by the Parliament, they are
assigned to the involved states
3. Imposition and collection of Goods and Services Tax in line with interstate trade or
commerce (Article 269- A):
The Centre imposes and collects the Goods and Services Tax (GST) on supplies
made in the course of interstate trade or commerce
However, this tax is split between the Centre and the States in the manner
proposed by Parliament based on the GST Council’s recommendations
4. Taxes imposed and collected by the Centre but distributed amongst the Centre
and the States proportionately (Article 270): This category comprises all taxes and
duties referred to in the Union List except the following:
Articles 268, 269, and 269-A deal with duties and taxes (mentioned above).
Any tax imposed for a specified purpose. The President, on the recommendation
of the Finance Commission, prescribes the method for distributing the net
earnings of all these taxes and duties (FCs).
4. Article 271-Surcharges on certain taxes and duties for purposes of the centre:
Articles 269 and 270 of the Constitution provide that the Parliament may impose
surcharges on taxes and duties at any time (mentioned above).
The Centre receives all of the profits from such surcharges. In other words, the
states aren’t paying any of the levies. This fee is not applicable to the Goods and
Services Tax (GST). To put it another way, the GST will not be subject to this
surcharge.
State Government Taxes: Taxes of this nature are entirely the responsibility of
the governments. They are 18 in number and are included on the State List.
Statutory Grants
Article 275 empowers the Parliament to offer grants to states which are in need
of financial assistance, rather than to all states. Each year, these grants are
charged to the Consolidated Fund of India (CFI)
Aside from this standard provision, the Constitution additionally provides for
special funds to promote the welfare of scheduled tribes (STs) in a state or to
improve the quality of administration of scheduled territories in a state, such as
Assam
Under Article 275 statutory grants (both general and particular) are awarded to
states on the Finance Commission’s recommendation.
Discretionary Grants
Article 282 empowers the Union and the states to give grants for any public
purpose, even if it falls outside of their own legislative jurisdiction. The Centre is
responsible for enforcing this regulation
Conclusion
The financial relationship between the Centre and the States changes dramatically if
a financial emergency is declared under Article 280 of the Indian Constitution. In
such instances, the Centre gains enormous authority and exerts enormous influence
over the States, forcing them to adhere to specific financial propriety standards and
other important protections.
The Bill amends the Constitution to introduce the goods and services tax
(GST).
Alcohol for human consumption has been exempted from the purview of GST.
GST will apply to five petroleum products at a later date.
The GST Council will recommend rates of tax, period of levy of additional tax,
principles of supply, special provisions to certain states etc. The GST Council
will consist of the Union Finance Minister, Union Minister of State for Revenue,
and state Finance Ministers.
The Bill empowers the centre to impose an additional tax of up to 1%, on the
inter-state supply of goods for two years or more. This tax will accrue to states
from where the supply originates.
The provisions of this Bill do not fully conform to an ideal GST regime.
Deferring the levy of GST on five petroleum products could lead to cascading
of taxes.
The additional 1% tax levied on goods that are transported across states
dilutes the objective of creating a harmonised national market for goods and
services. Inter-state trade of a good would be more expensive than intra-state
trade, with the burden being borne by retail consumers. Further, cascading of
taxes will continue.
The Bill permits the centre to levy and collect GST in the course of inter-state
trade and commerce. Instead, some experts have recommended a modified
bank model for inter-state transactions to ease tax compliance and
administrative burden.
“(i) Subject to the provisions of the Constitution, Parliament has authority to frame
laws for the entire or any part of India, and the States may make laws for the whole
or any part of their territory.
(ii) No law that had been framed by the Parliament would be considered invalid on
the grounds that it would have an extraterritorial operation.”
It contains III Lists which enumerate the matters under which the Union and the
State Governments have authority to make laws. The three lists are as follows: List I:
Union List
The Central Government has exclusive powers in respect of matters listed in this
list. List II:
State List
The State Government has powers in respect of matters listed in this list. List III:
Concurrent List
The authority to make laws in respect of matters listed in the List lies both with
Centre and State Governments.
GST in India
an amendment was made in the Constitution to empower the Centre and the States
to together charge and collect GST. In this respect, the existing Constitution has
been amended by the 101 constitutional amendment Act, 2016 for this purpose.
The IGST (Integrated Goods and Service Tax) has to be levied on Inter-state
transactions of Goods and Services and the same has to be collected by Central
Government.
GST is to be levied on all supplies of goods and services except alcoholic liquor
for human consumption. GST shall not be charged on the Petroleum Crude,
High-Speed Diesel, Motor spirit, Natural gas, and Aviation Turbine Fuel till a date
to be notified in the official gazette.
It means that both the federal government and the state government can tax and
collect taxes through the laws of this country.
There are two ways to implement a dual GST system: concurrently or non-
concurrently( not at the same time). In the concurrent dual GST model, the taxes are
imposed concurrently by both the federal government and the state governments,
but each tax is collected separately.
On the other hand, States are responsible for charging and collecting taxes on
products, while the federal government is responsible for taxes on services in the
non-concurrent dual GST model. In India, we have a Concurrent Dual GST Model to
eliminate the cascading effects of taxes.
In simple words, Using a dual GST approach, both the federal and state
governments charge taxes on the supply of goods and services, but the
Increased tax revenue due to a bigger tax base and better compliance.
Legislation governing Central GST and State GST would provide a uniform
method of collection for both tax regimes. When it comes to GST, the
composition/compounding scheme should have a maximum yearly gross
revenue limit as well as an applicable minimum tax rate.
If you’re a taxpayer, you have to make sure that you send in regular and online
returns to both the CGST and SGST authorities in a standard way. Thus, you
have to do only online GST Return Filing.
You can generate e-invoices online in the dual GST model. InstaBill allows you
to generate e-invoices easily and quickly along with several other important
features.
Therefore, company owners had to cope with several intricate state and federal
taxes on each transaction. Cascading taxes resulted from taxes being placed on top
of taxes, which was a common occurrence in the past.
Jammu and Kashmir will need to approve levy of GST in its State assembly, on
account of its special powers on taxation under the Constitution. Once this is
done, GST shall be introduced in the State.
The CGST Act shall come into force from a date which will be notified by the
Central Government in Official Gazette, i.e. from the appointed date.
Similarly, the State Governments levied taxes on retail sales in the form of value
added tax, entry of goods in the State in the form of entry tax, luxury tax and
purchase tax, etc. Accordingly, there is multiplicity of taxes which are being levied on
the same supply chain.
cascading of taxes as taxes levied by the Central Government are not available
as set off against the taxes being levied by the State Governments;
certain taxes levied by State Governments are not allowed as set off for payment
of other taxes being levied by them ;
the variety of Value Added Tax Laws in the country with disparate tax rates and
dissimilar tax practices divides the country into separate economic spheres; and
In view of the aforesaid difficulties, all the above mentioned taxes are subsumed in a
single tax called the goods and services tax which will be levied on supplies which
includes goods and services at each stage of supply chain starting from manufacture
or import and till the last retail level.
So any tax which were levied by the Central Government or the State Governments
on the supply of goods or services has now been converged in goods and services
tax, which is a dual levy where the Central Government will levy and collect tax in
the form of central goods and services tax (CGST Act 2017) and the State
Government will levy and collect tax in the form of state goods and services tax
(SGST Act 2017) on intra-State supply of goods or services or both.
to provide for self assessment of the taxes payable by the registered person;
to provide for recovery of arrears of tax using various modes including detaining
and sale of goods, movable and immovable property of defaulting taxable
person;
to provide for powers of inspection, search, seizure and arrest to the officers;
to establish the Goods and Services Tax Appellate Tribunal by the Central
Government for hearing appeals against the orders passed by the Appellate
Authority or the Revisional Authority;
What is SGST?
SGST is one of the tax components of GST in India. SGST Act expands to State
Goods and Service Tax.
It is one of the three categories under Goods and Service Tax (CGST, IGST and
SGST) with a concept of one tax one nation. SGST falls under State Goods and
Service Tax Act 2017.
All the tax proceeds collected under the head SGST is for State Government.
Now, the trader from Bhopal (in the given example) is supplying this printer to his
shop in Bengaluru. As this is an inter-state trade, the Bhopal shop keeper will
charge IGST of 28% i.e. Rs. 2800 on the basic value of the product (Rs. 10,000)
from his Bengaluru shop and deposit the IGST amount into the government
account.
What is UTGST?
The reason behind UTGST applicability in GST is that the common State GST
(SGST) cannot be applied in a Union Territory without legislature.
To address this issue, GST Council has decided to have Union Territory GST
Law (UTGST) which would be on par with SGST. However, SGST can be
applied in Union Territories such as New Delhi and Puducherry, since both have
their individual legislatures, and can be considered as “States” as per GST
process.
Chandigarh
Lakshadweep
For Supply of goods and/or services across States and/or Union Territories
(Inter-State/ Inter-UT): IGST
UTGST Rates
Union Territory GST contains same tax rates of 0%, 5%, 12%, 18% and 28%.
Tax exemption criteria for goods and services decided by the government for
SGST will be the same for UTGST.
Introduction
The IGST full form under GST law is Integrated Goods and Service Tax. It is called
as IGST Act 2017.
The scope of IGST Model gives meaning to the GST Act of which IGST is one of the
components. The IGST Act clarifies that Centre would levy IGST which would
be CGST plus SGST on all inter-State transactions of taxable goods and services
with appropriate provision for consignment or stock transfer of goods and services.
The seller making supply outside the state will pay IGST on value addition after
adjusting available credit of IGST, CGST, and SGST on his purchases. And the
exporting State will transfer to the Centre the credit of SGST used in payment of
IGST.
On the other hand, the Importing dealer will claim credit of IGST while discharging
his output tax liability in his own State. The Centre will then transfer to the importing
The relevant information will also be submitted to the Central Agency which will act
as a clearinghouse mechanism, verify the claims and inform the respective
governments to transfer the funds.
What is IGST?
"Integrated Goods and Services Tax” (IGST) means the tax levied under this Act on
the supply of any goods and/or services in the course of inter-State trade or
commerce and for this purpose,
A supply of goods and/or services in the course of import into the territory of India
Finer
shall be deemed to be a supply of goods and/or services in the course of inter-State
point
trade or commerce.
1
Finer
Export of goods and/or services shall be deemed to be a supply of goods and/or
point
services in the course of inter-State trade or commerce.
2
Integrated goods and services tax (IGST) would mean the tax levied under IGST Act
on the supply of any goods and / or services in the course of inter-state trade or
commerce.
Integrated GST shall also apply to import of goods and services into India. The basic
ideology stipulates that any supply of goods or services in the course of import of
goods or services into Indian territory shall be deemed to supply involving inter-state
trade or commerce and hence liable to IGST.
For transactions that are look-alike of import transactions and export of goods and
services, shall be deemed to be supplied in course of inter-state trade or commerce.
Thus, Integrated GST shall apply to inter-state transactions and import as well as
export transactions (deemed to be inter-state transactions) relating to supply of
goods and / or services.
This Act shall be applicable to the whole of India, i.e., including the State of Jammu
& Kashmir. And shall come into force from a date which will be notified by the
Central Government by way of a notification.
No requirement to pay tax upfront or substantial blockage of funds for the inter-
State seller or buyer.
Self-monitoring model.
The activity of streamlining is limited to inter-State dealers and Central and State
Governments
IGST Example
Mr. X, a trader registered in Bangalore, sold goods to Mr. Y, a registered trader in
Chennai, for Rs. 10 Lakhs and further Mr. Y sold these goods to Mr. Z, a registered
retailer from Jaipur, for Rs. 11 Lakhs.
For Second
· Mr. Y will collect IGST at the CGST + SGST rate on Rs. 11 Lakhs.
transaction
· Mr. Z will get the credit which he can use for further payment of his
between Mr. Y
GST.
and Mr. Z
What conclusion could be derived from this IGST example? Inter-State trade will
definitely benefit as the interstate transactions do not have to be taxed twice.
This is in contrast to erstwhile tax laws where if you purchased goods from Chennai,
you pay tax there and then again in your state in which you ultimately sell it. This
helps the traders to increase their Inter-State trade by lowering the tax burden.
The GST to be levied by the Centre on intra state supply of goods and / or services
is Central GST (CGST) and that by the States is State GST (SGST). On supply of
goods and services outside the state, Integrated GST (IGST) will be collected by
Centre. IGST also applies on imports as well.
Erstwhile
taxation laws - GST - Analysis
Transaction
levies levies
Value Added
CGST Under GST, a transaction of sale within the state
Sale within Tax (VAT) &
& shall have two taxes, SGST which share is taken by
the state Excise /
SGST the state and Central GST which goes to the centre.
Service Tax
Central Sales
Sale
Tax (CST) & A transaction of sale outside the state shall have only
outside the IGST
Excise / one type of tax, IGST which goes to the centre.
state
Service Tax
One state has to deal only with the Centre government to settle the tax amounts and
not with every other state, thus making the process easier.
CGST SGST
Parameter
Different indirect taxes of Central In SGST, the taxes like State Sales
Excise Duty, Central Sales Tax CST, Tax, VAT, Luxury Tax, Entertainment
What are Service Tax, Additional excise duties, tax (unless it is levied by the local
the taxes excise duty, CVD (Additional Customs bodies), Taxes on lottery, betting and
that are duty – Countervailing Duty), SAD gambling, Entry tax, State Cesses and
subsumed (Special Additional Duty of customs) Surcharges in so far as they relate to
surcharges and cesses are merged supply of goods and services etc. are
with CGST. subsumed.
Share of
The share of tax revenue under CGST The share of tax revenue under SGST
tax
is meant for central government. is meant for state government.
revenues
A dealer can use input tax credit of A dealer can use input tax credit of
Mechanism
CGST against CGST or IGST. The SGST against SGST or IGST. The
for usage
credit of CGST cannot be used credit of SGST cannot be used against
of credits
against SGST CGST
The rule is simple the tax credit of SGST be first used to settle SGST liability and
balance if any be used to settle IGST liability but SGST credit shall not be used to
settle IGST liability
VAT
Service tax
Sales tax
Levying GST eliminated the cascading effect of taxes on the Indian economy.
It's a consumption tax levied on a product anytime it adds value to the supply
chain.
Calculated using the product's price minus any prior taxable expenses of items
utilized in the product.
In 2014, VAT was introduced in all states and union territories except Andaman
and Nicobar Islands and Lakshadweep Islands.
Drawbacks of VAT
Under the VAT system, it was not viable to claim Input Tax Credit (ITC) on
services.
A task force known as the “Kelkar Task Force” was formed in 2004 to strengthen
the taxation system by implementing GST.
However, the implementation of GST was first postponed in 2008 and later failed
in 2010 as the government took no concrete steps.
The complexity of taxation and its cascading impact was an important reason for
changing the old taxing system on goods and services.
Under VAT regime/Before GST: The consultant would have charged 15% service tax
on services of Rs. 75,000. So, his output tax was Rs. 75,000 x 15% = Rs.11,250.
Then, if he purchased office supplies for Rs. 25,000 by paying 5% as VAT, it would
cost Rs. 22,000 x 5% = Rs. 1,250. He had to pay Rs. 11,250 output service tax
without getting any deduction of Rs. 1,250 VAT already paid on stationery. His total
tax outflow is Rs. 12,500
After GST Implementation: GST on service of Rs. 75,000 @18% = Rs. 13,500. Now,
subtract GST on office supplies (Rs. 25,000 x 5%) = Rs. 1,250. Therefore, the net
GST liability to pay is Rs. 12,250
Implementation of the GST removed various geographical hardships for trading and
business, and the entire nation came under a single taxing system. This can be
Taxes included from earlier tax regime into the Taxes excluded from the earlier
current GST framework: tax regime:
Lottery Tax
Entry Tax
Tax on Lottery
Also Read: GST Rates in India - List of Goods and Service Tax Rates, Slab
When is the
At the time when goods are
tax On the supply of goods and services
sold
applicable?
Compliances A similar set of compliances for the Compliances for the movement
for goods movement of goods between different of goods between states differ
moved states from one state to another.
Except for certain products, all others State GST absorbs this tax
State VAT
are taxed under VAT. under itself
Basic Customs Under VAT, the government levies a Same tax levied as before
Duty separate tax on imports. GST.
Tax on Export of
Commodities and Under VAT, this tax is not required. No change.
Services
Tax on Inter-State
This tax will be imposed under
Transfer of Under VAT, this tax is not required
GST; however, dealers will be
Commodities to against Form F.
eligible for full credit.
Agent or Branch
Disallowance of
Unless the GST Council
inputs or input
selects a list of things that
services utilized
Not permitted under VAT come under the Negative List,
in exempted
there would be no such
commodities or
disallowance under GST.
services
Levy of tax on
Certain government entities, non-profit
NGOs and
organizations, and public sector No changes under GST.
government
undertakings will be subject to VAT.
bodies
This resulted in the replacement of VAT for the GST in many countries.
The Constitution divides the tax system between central and state governments.
The state government had the right to impose any tax on affairs or objects of the
state.
In the case of services tax, the central government can collect taxes. Yet, the
state government dominates in employment contracts.
This structure created obstacles for the central government's income generation
and distribution.
As a result, there were complications in classifying these goods under tax policy.
Central Monopoly
With the boom in the service sector, the central government has monopoly in
collecting taxes.
The state governments lost their income by not imposing taxes on the service
sector.
Offsetting
Offsetting was not allowed under the CST for interstate sales of products.
The tax returns filed under federal and state tax systems had flaws due to no
cross-checking.
Multiple Categories
The indirect tax system includes 15 different taxes payable based on different
standards.
This required immediate and systematic regulation of the filling and calculation of
taxes
Complex Systems
In the Post-GST era
Increase in Revenue
1. According to experts, GST strengthens the economy and will raise India’s GDP
in future.
1. Business owners realized that the shift to the new GST system takes time,
money, and management.
5. As a start-up, one will no longer need to register for certain taxes such as VAT
and Service Tax.
1. As a private taxpayer, one will notice that the price of certain items has
decreased.
2. This includes the reduction in the tax on private cars by around 5-6 percent.
3. With a 5 percent levy, air transport and economy class travel became somewhat
cheaper.
4. The cost of eating out has remained stable. It depends on the type of
establishment though. Whether the place has air conditioning, sells alcohol, and
if it has a revenue of less than Rs.50 lakh per year are important factors.
5. Unprocessed grains such as rice and wheat, unprocessed milk, vegetables, fish,
meat, and unbranded flours are exempted from GST.
Conclusion
Jammu and Kashmir will need to approve levy of GST in its State assembly, on
account of its special powers on taxation under the Constitution. Once this is
done, GST shall be introduced in the State.
The CGST Act shall come into force from a date which will be notified by the
Central Government in Official Gazette, i.e. from the appointed date.
certain taxes levied by State Governments are not allowed as set off for payment
of other taxes being levied by them ;
the variety of Value Added Tax Laws in the country with disparate tax rates and
dissimilar tax practices divides the country into separate economic spheres; and
the creation of tariff and non-tariff barriers such as octroi, entry tax, check posts,
etc., hinder the free flow of trade throughout the country. Besides that, the large
number of taxes results in high cost of compliance for the taxpayers in the form
of number of returns, payments, etc.
In view of the aforesaid difficulties, all the above mentioned taxes are subsumed in a
single tax called the goods and services tax which will be levied on supplies which
includes goods and services at each stage of supply chain starting from manufacture
or import and till the last retail level.
So any tax which were levied by the Central Government or the State Governments
on the supply of goods or services has now been converged in goods and services
tax, which is a dual levy where the Central Government will levy and collect tax in
the form of central goods and services tax (CGST Act 2017) and the State
Government will levy and collect tax in the form of state goods and services tax
(SGST Act 2017) on intra-State supply of goods or services or both.
to provide for self assessment of the taxes payable by the registered person;
to provide for powers of inspection, search, seizure and arrest to the officers;
to establish the Goods and Services Tax Appellate Tribunal by the Central
Government for hearing appeals against the orders passed by the Appellate
Authority or the Revisional Authority;
the Odisha goods and service tax act 2017 has been enacted to make
provisions foe levy and collection of tax on intra-state .supply of goods or
services or both by the state of Odisha