Goods and Services Tax ': A Destination Based Consumption Tax
Goods and Services Tax ': A Destination Based Consumption Tax
Direct Tax: When the tax is directly imposed and collected from the
one who is liable to pay
E.g.: Income tax, Corporate tax, Gift tax, Wealth tax
Direct taxes are progressive in nature
Indirect Tax: The person on whom the tax is imposed and the person
who pays the tax is different.
E.g.: Excise, Customs, Service Tax (by Centre)
VAT/Sales Tax, CST, Luxury Tax etc. (by State)
Indirect taxes are regressive in nature
Earlier Indirect Tax Classification
Why GST? An Example
The institute had to pay output service tax of Rs 15,000 without getting any
deduction of Rs.1,500 VAT paid on office supplies. As a result, its total tax
payment was Rs.16,500. Thus, payment of double taxes led to cascading
effect.
Under GST regime, say, GST is levied at 18% on coaching services and 12%
on office stationery. Hence, after deducting the tax paid on its input, the
training institute pays only a tax of Rs 14,400 (Rs 18% of Rs. 1,00,000 – 12%
of Rs. 30,000). As a whole, its tax liability came down by Rs. 2,100 (Rs.
16,500 – Rs.14,400).
Thus, GST would reduce cascading effects of double taxation, as it allows the
set-off of tax paid on input at the time of payment of output tax.
Limitations of the earlier tax structure
• Cascading effect
• Lack of uniformity in concessions and exemptions
• Lack of transparency
• Multiple points of taxation
• Goods versus Services dilemma
• Complicated online procedures for registration and filing of returns
• Inefficiency in logistics movements
Advantages of GST
GST
Example
A furniture seller in Hyderabad supplies furniture worth Rs 1,00,000 to a customer in
Bangalore. Since, it is an inter-state supply between Telangana and Karnataka, it attracts
IGST. If applicable GST rate on such supplies is 12%, invoice in this transaction reflects
GST as follows:
Taxable value of supply Rs 1,00,000
Add: IGST @ 12% Rs 12,000
Total amount Rs 1,12,000
In this case, assuming that furniture seller does not have any input tax credit, he deposits the entire tax
amount of Rs 12,000 with the Centre.
Example
If a furniture dealer in Chandigarh supplies furniture to a customer in
Lakshadweep, invoice reflects GST as follows:
SGST Act
To levy SGST on the supply of goods and services within a state, each state has passed
its own State GST Act, which is primarily a copy of CGST Act.
UTGST Act
The act has been passed for Union Territories (UTs) which do not have legislature.
These UTs are Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli,
Daman and Diu and Chandigarh. As Delhi and Puducherry have their own legislatures,
they have passed SGST Acts.
GST Compensation Cess
In addition to CGST, SGST, UTGST and IGST, GST compensation
cess is levied on specified products i.e. tobacco products, pan masala,
coal, motor cars, aerated waters etc. to compensate the revenue loss
for the states for the next 5 years, due to the abolition of Central Sales
Tax (CST).
GST council consists of representatives from the Centre and the States as
follows:
GST rates applicable to the supply of goods: GST rates on the supply of goods are
primarily 0%, 5%, 12%, 18% and 28%.
GST rates applicable to the supply of services: GST rates on the supply of services are
5%, 12%, 18% and 28%.
Under Inter-state supplies, the entire tax rate is considered under IGST, whereas in
case of intra-state supplies, the tax rate is divided into CGST and SGST (UTGST)
equally.
Goods outside the purview of GST
Petroleum crude
High-speed diesel
Motor spirit (commonly known as petrol)
Natural gas and
Aviation turbine fuel
In addition to the above
Alcohol for human consumption
Despite Tobacco and tobacco products are subject to GST and GST
compensation cess, the central government has a right to levy Central
Excise duty on these products.
Categorization of States under GST
The GST Council, on considering the demands raised by MSME, increased the
threshold limits for GST registration.
The states have an option to opt for a higher limit or continue with the existing
limits.
Overview of earlier limits, new limits and the date of
applicability
Earlier Limits – For the sale of Goods/Providing Services
Exceeds Rs.20 lakh – For General Category States - Up to 31st March 2019
Exceeds Rs.10 lakh - For Special Category States - Up to 31st March 2019
New Limits – For Sale of Goods
Exceeds Rs.40 lakh - For General Category States - From 1st April 2019
Exceeds Rs.20 lakh - For Special Category States - From 1st April 2019
New Limits – For Providing Services
There has been no change in Threshold limits for Service Providers
States who opted for the new limit
The above mentioned changes were proposed in the 32 nd GST Council Meeting
held on 10th January 2019. An option was provided to the states to opt for the
new limits or continue the earlier ones (status quo).
Example 1
• Mr Agarwal has his business operations in 4 different states and his
aggregate turnover in those states is as follows:
Example 3
Taxable supplies of Mr. Ramesh in Mumbai and Itanagar amount to Rs
8,00,000 and Rs 22,00,000 respectively. Is he required to register under GST
law?
Yes, his aggregate in Itanagar is Rs 22,00,000 which is more than Rs
20,00,000, he is required to get registered in Arunachala Pradesh. By virtue
of his registration in Arunachala Pradesh, he is also required to get registered
in Maharashtra, despite his aggregate turnover in Mumbai does not exceed
Rs 40,00,000.
Input Tax Credit (ITC)
Dual Tax Levy under GST and ITC
Reverse Charge Mechanism (RCM)
Normally, the supplier of goods or services pays the tax on supply.
In the case of Reverse Charge, the receiver becomes liable to pay the
tax, i.e., the chargeability gets reversed.
When is Reverse Charge Applicable?
A. Supply from an Unregistered dealer to a Registered dealer
B. Services through an e-commerce operator
• If an e-commerce operator supplies services then reverse charge will be
applicable to the e-commerce operator. He will be liable to pay GST.
• For example, UrbanClap provides services of plumbers, electricians,
teachers, beauticians etc. UrbanClap is liable to pay GST and collect it from
the customers instead of the registered service providers.
C. Supply of certain goods and services specified by CBIC
Central Board of Indirect Taxes and Customs (CBIC) has issued a
list of goods and a list of services on which reverse charge is applicable.
E.g.: Supply by an Agriculturist to Registered Person
The registered dealer who has to pay GST under reverse charge has to do self-
invoicing for the purchases made.
Composition Scheme
Composition Scheme is a simple and easy scheme under GST for taxpayers.
Small taxpayers can get rid of tedious GST formalities and pay GST at a
fixed rate of turnover.
The GST regime has brought in many changes along with the following:
Increase in the number of GST returns
Payment of tax on a monthly basis
Small and new taxpayers will find it difficult to comply with so many rules.
No Input Tax Credit can be claimed by a dealer opting for composition
scheme
The dealer cannot supply GST exempted goods
The taxpayer has to pay tax at normal rates for transactions under the Reverse
Charge Mechanism
If a taxable person has different segments of businesses (such as textile,
electronic accessories, groceries, etc.) under the same PAN, they must register
all such businesses under the scheme collectively or opt out of the scheme
The taxpayer has to mention the words ‘composition taxable person’ on every
notice or signboard displayed prominently at their place of business
The taxpayer has to mention the words ‘composition taxable person’ on every
bill of supply issued by him.
Advantages and Disadvantages of Composition Scheme
Up to 1.5 crore 0
1.5 crore- 5 crore 2
More than 5 crore 4
Exports and Imports 8
Registration
Registration
1. Persons registered under the Pre-GST law (i.e., Excise, VAT, Service Tax
etc.)
Casual taxable person cannot opt for composition scheme and he must apply for registration
at least 5 days prior to commencing his business.
The certificate of registration issued to a “casual taxable person” shall be valid for a period
specified in the application for registration or for a period of 90 days from the effective date
of registration, whichever is earlier.
However, the proper officer, at the request of the said taxable person, may extend the
validity of the aforesaid period by a further period not exceeding 90 days.
Example
Mr. Agarwal of Rajastan participates in an exhibition held in Hyderabad in January and
February of every year where he has no fixed place of business and sells the taxable products
in the exhibition. He shall get registered as a casual taxable person in the state of Telangana,
despite his aggregate turnover does not exceed threshold limit.
6. Non-resident taxable person making taxable supplies
Non-resident taxable person is the one who occasionally supplies taxable
goods or services in a state/UT where GST applies but does not have any
fixed place of business in India.
Example
Mr. Gurung of Nepal participates in an exhibition held every year in Bhopal
where he has no fixed place of business and sells the taxable products in the
exhibition. He is required to be registered as a casual taxable person in the state
of Madhya Pradesh as non-resident taxable person, despite his aggregate turnover
does not exceed threshold limit.
7. Ecommerce Operator who is required to collect Tax at Source
Example
UrbanClap provides services of plumbers, electricians, teachers, beauticians
etc. UrbanClap collect GST from the customers instead of the service providers
and pays to the government. Similarly, Ola, Uber etc.
8. Persons supplying online information from outside India
Persons supplying Online Information and Database Access or Retrieval
services (OIDAR) from a place outside India to a person in India is
required to get registered under GST irrespective of threshold limit. In
this context, OIDAR services are the services which are delivered
through the internet.
When a business with multiple branches incurs common expenses towards the
services used by all its branches and receives tax invoices from the service
provider, head office of the business is required to distribute input tax credit of
CGST and SGST/UTGST or IGST paid on the services to its branch offices.
For that purpose, it issues a document called ISD invoice to its branches in
proportion to the turnover. Hence, head office is an input service distributor
(ISD).
ISD is a facility provided to business with large common expenses where bill
payment is on centralized basis from head office. The branches can have
different GSTINs but must have the same PAN as that of ISD.
Example
Mr Kulkarni makes exempted supplies of Rs 44,00,000 and taxable
supplies of Rs 4,00,000 in Bangalore. Is he required to register under
GST?
Yes. He is required to register, as his aggregate turnover is Rs 44,00,000,
despite his taxable supplies is only Rs 4,00,000.
When a business is exclusively engaged in making taxable supply on
which tax is payable under reverse charge mechanism
Example
Mr Surender, an advocate provides legal services to Infosys for which he receives
Rs 45,00,000 per annum. Is he required to register under GST?
He is not required to register, as he is providing legal services for which GST is
payable by Infosys under Reverse Charge Mechanism, despite legal services are
taxable supplies and he receives more than threshold exemption.