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Unit-4 Introduction To GST
Unit-4 Introduction To GST
Unit-4 Introduction To GST
2017S liabus
11 CONCEPT OF INDIRECTTAXES Assam was the first state to ratify
GST Bill but Telangana
stateto pass state GST Bill. was the first
ATA GLANCE GST Bill was introduced under 122 nd
Constitutional
passed under (101 st Amendment) Act, 2016. Amendment Bill, but
THIS CHAPTER INCLUDES GST on five specified petroleum products (Crude, Petrol,
Diesel, ATF
& Natural gas) would be applicable from a date to be recommended
Background Pre GST Tax Structureand theGSTC. by
Constitutional Powers of Defciencies Exports would be zero-rated.
Taxation Administration of Indirect 1 stJuly is observed as the GST day as announcedby CBEC. GST is
IndirectTaxes in India — An Taxation in India applicable with effect from 1 July 2017.
Overview Existing Tax Structure GST Council was constituted with its head-quarters in Delhi. The Union
Finance Minister will be the Chair-person, State Finance Ministerwill
be members, one among them will be vice-chairman.
CHAPTER AT A GLANCE Taxpayers with an annual turnoverof 40 lac 20 lac for special
category States as specified in article 279A of the Constitution)would
be exempt from GST.
of GST
Introduction Tobacco and tobacco products would be subject to GST. In addition,
GOODS AND SERVICES TAX (GST) is an indirect tax throughoutIndia the Centre would continue to levy Central Excise duty.
to replace taxes levied by the central and state governments. Touted by the government to be India's biggest tax reformin 70 years
and First
• It was introduced as The Constitution (One Hundred 122nd
of independence,the Goods and Services Tax•(GST) was finally
Amendment) Act 2016, following the passage of
Constitution launched on the midnightof 30 June 2017, though the process of
forming the bill took 17 years (since 2000 when it was firstproposed).
Amendment Bill.
Chairmanis Union The launch was marked by a historic midnight (30 June - 1 July 2017)
The GST is governed by GST Council and its consumption tax. session of both the houses of parliament convened at the Central Hall
based
Finance Minister of India. GST is a destination of Jammu and of the Parliament, but which was immediately boycotted by the
the state
It is applicable to all over India including opposition by staging a walk out to show their disapproval of the same.
Kashmir.
GST was first levied by France in 1954. Challenges of Previous Tax Structure
GST.
Around160 countries have adopted 28%, next is Argentina Some of the challenges under the previous indirect tax structure could be
• Indiahas the highest tax slab in the world i.e. attributedto Central Excise
wherein there were variable rates under Excise
CENVAT 6%, 10%, 18%, 24%, 27%, coupled with
viz: 5%, 12%, 18% and 28% Duty such as 2% without
structure, and various exemptions. Further,under VAT,
• IndianGST has four tax rate
and 3% special rate on multiplevaluation system VAT at differentrates, which were resulting
and luxury items, differentstates were charging the states. At the same time under VAT,
withcess on sin goods between
preciousmetals like gold. in imbalance of trade
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available only to those
manufacturing excisable goods. Other
had to claim refund of this
duty as and when they importers manner as may be providedby Parliamentby law on the Amendment of Article 270 [Section 1Ol
pay VAT on recommendations of the Goods and Services Tax
7. VAT dealers were unable In article 270 of the Constitution:
to set-off any Service Tax Council.
paid 01 their procurement of thattheymayhave Explanation: For the purposes of this clause, supply of (i) in clause (1). for the words, figures and letter •articles268. 268A and
8. State Governments also taxable input services. 269', the words. figures and letter •articles 268, 269 and 269K shall
levied and collected a variety goods, or of services, or both in the course of import into
taxes such as luxury tax, of otherindirect the territoryof India shall be deemed to be supply of be substituted;
entertainment tax, entry tax etc.
set-off was available. for whichno goods, or of services, or both in the course of inter-State (ii) after clause (I). the following clauses shall be inserted.namety:—
Special Provision with Respect trade Or commerce. (IA) The tax collected by the Union under clause (1) 01article246A
to Goods and Services Tax [Section shall also be distributed between the Union and the States in the
insertion of 21 Apportioned to The amount apportioned to a State under clause (1) shall
After article 246 or the Constitution, mannerprovided in clause (2).
new article the followingarticle State shall not not form part of the Consolidated Fund of India. (1B) The tax levied and collected by the Unionunderclause (2) of
shall be inserted, namely 246A
be part of Con- article 246A and article 269A, which has been used forpayment
Legislature of Notwithstanding anything solidated Fund
every State has 254, Parliament, and, contained in articles 246 and of India
of the tax leviod by the Union under clause (1) of article246A.
power to make Legislature of every State,
subject to clause (2), the and the amount apportioned to the Union under clause (1) of
laws
have power to make lawswith State Tax colle- Where an amouritcollected as tax levied under clause article 239A, shall also be distributed betweenthe Unionand the
respect to goods and services tax
imposed by the Union cted used in (1) has been used for paymentof the tax levied by a States in the manner providedin clause (2).
or by such State. State under article 246A, such amount
shall not form part
payment of Amendmentof Article 271 [Section Il]
Parliament Parliament has exclusive power State tax shall of the Consolidated Fund of
India.
power to make respect to goods and services to make laws with In Article 271 of the Constitution, after the words "in those articles-.the
tax where the supplyof not be part of words, figures and letter"except the goods and services tax underArticle
laws goods, or of services, or both takes place Consolidated
in the course of 246A,- shall be inserted.
inter- State trade or commerce Fund of India
Explanation: The provisions of this •article, shall, in collectedas tax levied by a State Goods and Services Tax Council [Section 12)
respect of goods and services tax State Tax colle- Wherean amount of
referred to in clause underarticle 246A has been used for payment the•tax Insertion of new After article 279 ot the Constitution,the 'ottomng
cted by State form part
(5) of article 279A, take effect
from the date used in pay- levied underclause (1), such amount shall not article 279A article shall be inserted. namely279A——
recommended by the Goods and Services Tax Council. Fund of the State.
ment of State of the Consolidated G o o d 5 and he President shall, withinsixty days fromthedateof
Levy and Collection of Goods and Services tax shall not be Serv ices Tax mmencement o' the Constitution(One Hundredand
Inter-State Trade or Tax in Course Of irst Amendment) Act, 2016, by order, constitutea
Commerce [Section 9] part of consoli- Council
Insertion ofnew After article 269 of the Constitution, dated Fund of ouncil to be called tho Goods and Services Tax
the followingarticle ouncil.
article 269A shall be-inserted. namely 269A State
principles for
Formulation of parliamentmay, by law. formulatothe
Inter-State Goods and services tax on supplies in the course of determining the placo of supply, and when a supply of
Supply inter-State trade or commerce shall be levied
and
law goods, or of services, or both takes place in the course of
collected by the Government Of India and inter-Statetrade or commerce.
such tax
be apportioned between the Union and the States inshall
the
3. The State level Screening Committeewill be established in each
State. It will consist of-
1 officer of the State Government, nominated by the
Commissioner and
i officerof the Central Government nominated by the Chief
Commissioner.
Benefit of GST
Benefit to A unified common national market to boost
Government Foreign Investment and "Make in India"'
campaign;
(ii) Boost to export/manufacturing activity,
generation of more employment, leading to
reducedpovertyand increased GDP growth;
(iii) Improving the overall investment climate in the
country which will benefit the development of
States;
(iv) UniformSGST and IGST rates,to reduce
the
incentivefor tax evasion.
Benefit to (j) Simpler tax system;
customer Reductionin prices of goods and
to elimination of cascading;
services due
(iii) Uniformprices throughout
the country;
(iv) Transparency in taxation
oystem.
Benefit to Trade Reduction in multiplicity of
and industry taxes;
Mitigationof cascading/double
(iii) More efficient taxation;
neutralization.of taxes
for exports; especially
(iv) Development of
common national market.
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4.564 this Act, each of the territories
purposes of
For the considered to be a
(a)to (f) shall be
specifiedin
separate Union
territory;
and "other territory" (as defined in
Territories under the UTGST Act
All the Union in India will be governed
Section ) supra) Given that the said two UTs have a
and Puducherry. for the purpose of GST
except Delhi as 'States'
they will be regarded SGST laws, instead of the
Legislature, by their respective
governed
and Willbe
UTGST law.
SGST, IGST and UTGST?
Whatis CGST,
Central GST that will be levied by the central
the component of GST
1. CentralGST is items, both goods and services.
government on all
intra-state trade.
2. It only applies to credit of.CGST against CGST or IGST.
use input tax
3. A dealercan
State GST
is the component of GST that will be levied by the state
1. State GST and services.
governmenton all items, both goods
2. It only applies to intra-state trade.
SGST against SGST or IGST.
3. A dealercan use inputtax credit of
IntegratedGST
IntegratedGST is the componentof GST tha•twill be levied by the
central government in case of inter-state trade.
2. It is applicableon all items, both goods and services.
3. A dealercan use inputtax credit of IGST against SGST, CGST or
IGST.
UnionTerritory Goods and Services Tax
The Constitution(101st Amendment) Act, 2016, (through which GST is
introducedin India), has inserted a new Clause —Clause 26B on ".State"in
Article 366, which reads as under:
with roforonco to articles 246A, 268, 269, 269A and article 279A
,ncludesa Union territory with Logislaturo.
As por Gonoral Clausos Act, 1897, 'State' shall mean a State specified
theFirst Schedulo to tho Constitution and shall include a Union Territory.
However.'State' for tho purposes of GST includesa Unionterritorywith
Legislature (liko Delhi and Puduchorry). As we know India has adopted dual
CIST Model, wherein for each transaction there will be two types of taxes
Central-GST (CGST) and State-GST (SGST). Hence, technically
speakingSGST kind of a tax cannot bo levied in a Unionterritorywithout
eegi$lature.To put it simple, Union Territories of Andaman and Nicobar
Islands, Silvassa. Dadra and Nagar Haveli, Daman and Diu and
Lakshadwoep would not have a SGST kind of tax at all.
To plug this technical loophole, GST Council has decided to have
UnionTerritory GST ACT (UTGST) - which would be at par with SGST.
Whohave pass UTGST?
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Nature of Supply: Introduction
GST is a destination based
tax i.e., consumptiontax,
be levied where goods and which means tax will
services are consumed and
state thus, it is of immense will
importancethat the place of accrue to that
transaction is determined correctly. supply of any
To determine the correct
supply, it is important that the nature place of
of supply be understood first.
Following table list provisions as contained
in IGST Act, 2017, to know
whether a supply will be treated as Inter
State or Intra State supply.
Intra State Supply [IGST Act, 2017]
Section 8(1 ) Subject to the provisions of section 1
0, supply of goods where
the location of the supplier and the place of supply
of Goods are in the
same state or same union territoryshall be
treated as intra-Statesupply.
Section 8(2) Subject to the provisions of section 12, supply
of services
where the location of the supplier and the place of supply of
services are in
the same State or same Union territoryshall be treatedas
intra-State
supply:
Provided-thatthe intra-State supply of services shall not include supply
of
services to or by a Special Economic Zone developeror a Special
Economic Zone unit.
Explanation 1.— For the purposes of this Act, where a person has,—
(i) an establishment in India and any other establishment outside India;
(ii) an establishment in a State or Unioh•territoryand any -other
establishment outside that State or Union territory;or
(iii) an establishment in a State or UnionÄerritoryand any other
establishment being a business vertical registeredwithinthat State
or Union territory, then such establishments shall .be treateu as
establishments of distinct persons.
Explanation 2.— A person carrying on a business througha branch or an
agency or a representational office in any territoryshall be treated as having
an establishment in that territory.
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CHAPTER AT A GLANCE
Registration
Introduction In any tax system, registrationis the most fundamental
requirementfor identificationof tax payers ensuring tax
compliance in the economy. Registration of any business
entity under the GST Law implies obtaining a unique
number from the concerned tax authorities for the
purpose of collecting tax on behalf of the government and
to avail Input Tax Credit for the taxes on his inward
supplies. Without registration, a person can neither collect
tax from his customers nor claim any input Tax Credit of
tax paid by him.
Who are Liable for Registration
Section 22. Every supplier shall be liable to be registered under this
Persons Act in the State or Union territory,other tnåfi special
Liable for category States, from where he makes a taxable supply
Registration of goods or services or both, if his AGGREGATE
4.602
[Chapter 15] Procedural Compliance
UnderGST n 4.605
CHAPTER AT A GLANCE
4.584
[Chapter 14] Input Tax Credit
and Computation of ...4.585
butdoes not include
the
InputTax Credit (ITC) is tax paid under the composition levy; Provided furtherthat where a recipient fails to pay to the supplier of goods
previoustax regime, there consideredas a cornerstoneof GST. In the or services or both, other than the supplies on which tax is payable on
ofsupply chain, which was a non-availability of
led to a cascading effect credit at various points reverse charge basis, the amount towards the value of supply along with
costof goods and services. of tax and increased the tax payable thereon within a period of one hundred and eighty days from
This flaw
a seamless flow of credit throughout has been removed under GST and the date of issue of invoice by the supplier, an amount equal to the input
the value chain will be providedwhich
willhelp in reducing the cascading tax credit availed by the recipient shall be added to his output tax liability,
To avail the benefit of ITC it is effect of tax. along with interest thereon, in such manner as may be prescribed.
required that the person availing such
benefit is registered under GST. An
unregistered person is not eligible to Entitlement of Re-credit on Payment
takethe benefit of ITC. Section 155, of Providedalso that thetrecipient shall be entitledto avail of the credit of
the CGST Act, 2017 states that
whereany person claims that he is eligible for inputtax on payment made by him of the amount towards the value of
inputtax credit underthis
Act,the burden of proving such claim shall supply of goods or services or both along with tax payable thereon.
lie on such person.
Eligibilityand Conditions for Taking Input Tax Credit Restriction of ITC on Capital Goods on Which Depreciation Claimed
Section 16 Section 16
EveryRegistered Person shall, subject to such conditionsand restrictions Where the registered person has claimed depreciation on the
as may be prescribed and in the manner specified in section 49, be tax
componentof the cost of capital goods and plant and machinery
under the
entitledto take credikof input tax charged on any supply of goods or provisions of the Income-tax Act, 1961 , the input tax credit
on the said tax
servicesor both to him which are used or intended to be used in the component shall not be allowed.
courseor furtherance of his business and the said amountshall be Due Date within which ITC to be Claimed
creditedto the electronic credit ledger of such person.
Section 16
Mandatory
Conditions to Be Satisfied for Taking ITC A registered person shall not be entitled
to take input tax credit in respect
1. A person should have a tax invoice/debitor credit note issued by a of any invoice or debithote for supply of
goods or services or both after
registeredperson. the due date of furnishing of the return
under Section 39 for the month of
2. The goods or services should have been received. September followingthe end of financial year
3. Person should have filed return u/s 39. invoice relatingto such debit note pertains to which such invoice or
annual return, whichever is earlier.
or furnishing of the relevant
4. Tax has to be paid to government by suppliér.
ITC in Case of Lots or Instalments/receiver Fails to Pay Within Time
Limit