Basics of GST-1,2 Units
Basics of GST-1,2 Units
1. Single Tax Structure: GST merges various indirect taxes such as excise
duty, VAT (Value Added Tax), service tax, etc., into one unified tax.
2. Multi-Stage Taxation: GST is levied at each stage of the supply chain,
from production to consumption. It is charged on the value addition at
each stage.
3. Dual GST System: In countries like India, there are two types of GST:
o Central GST (CGST): Levied by the central government.
o State GST (SGST): Levied by the state government. This system
ensures that both the central and state governments receive their
share of tax revenue.
4. Destination-Based Taxation: GST is applied at the point of
consumption, meaning that the tax is collected where the goods or
services are consumed, not where they are produced.
5. Input Tax Credit (ITC): GST allows businesses to claim a credit for
taxes paid on inputs (raw materials, services) used to manufacture
products or deliver services. This reduces the cascading effect of taxes.
6. Standardization of Tax Rates: GST categorizes goods and services into
different tax slabs, typically 5%, 12%, 18%, and 28%, to standardize tax
rates across the country.
Types of GST:
1. CGST (Central Goods and Services Tax): Tax collected by the central
government on intra-state sales.
2. SGST (State Goods and Services Tax): Tax collected by the state
government on intra-state sales.
3. IGST (Integrated Goods and Services Tax): Tax collected by the
central government on inter-state sales or imports.
4. UTGST (Union Territory Goods and Services Tax): Similar to SGST
but applicable in union territories.
Advantages of GST:
Challenges of GST:
MEANING OF GST
GST stands for Goods and Services Tax. It is a single, unified tax system that
is levied on the sale, manufacture, and consumption of goods and services. The
main purpose of GST is to streamline the indirect tax structure by replacing
various taxes such as excise duty, sales tax, VAT (Value Added Tax), and
service tax with a single tax. It is designed to be comprehensive, transparent,
and to reduce the cascading effect of taxes (tax on tax) by allowing input tax
credits.
IGST:
IGST stands for Integrated Goods and Services Tax. It is a type of GST that
is applied to the inter-state supply of goods and services. IGST is used when
goods or services are sold from one state to another, i.e., in cross-border
transactions between states within a country (e.g., in India).
Key Features of IGST:
Example:
IGST plays a critical role in facilitating seamless interstate trade and ensuring
that no double taxation occurs under the GST framework.
The scope of Goods and Services Tax (GST) in India is broad and encompasses
various aspects of taxation, including:
In summary, the scope of GST is extensive and affects nearly all economic
activities, aiming to streamline the taxation system, reduce tax evasion, and
improve ease of doing business in India.
GST System:
Multiple Rates depending on the type of tax (Excise, VAT, Service Tax,
etc.) and state policies.
Differing rates across states for VAT, and a range of complex excise
duties and service tax rates.
GST System:
3. Cascading Effect
Cascading Effect: Taxes were levied on the tax paid at previous stages
(i.e., tax on tax), increasing the overall cost of goods and services.
GST System:
No Cascading: GST allows for Input Tax Credit (ITC), where businesses
can claim credit for taxes paid on inputs, reducing the tax burden and
eliminating the cascading effect.
GST System:
Unified Platform: A single tax return system through the GSTN (GST
Network). Businesses file one return for all taxes under GST.
E-filing: Completely electronic filing and documentation, simplifying
compliance.
5. Tax Administration
GST System:
Exports: Exports were exempt from taxes like VAT, but businesses
couldn’t claim refunds on tax paid on inputs, leading to inefficiency.
Interstate Transactions: Central Sales Tax (CST) created barriers to
seamless interstate trade.
GST System:
GST System:
Unified Tax for Both Goods and Services: GST applies to both goods and
services, making the taxation system consistent and simpler to manage.
9. Impact on Businesses
GST System:
Summary of Differences:
Conclusion:
GST has significantly simplified the tax system by unifying the taxation of
goods and services under a single framework, eliminating the cascading effect
of taxes, and reducing administrative burden for businesses. The transition from
the old system, which was more fragmented and complex, to GST has created a
more transparent, efficient, and business-friendly environment.
Goods and Services Tax (GST) or its equivalents are implemented in many
countries worldwide, though each country has designed its system based on its
own economic conditions, administrative requirements, and tax structure.
Below is an overview of GST in various countries, highlighting some
similarities and differences:
1. Canada
2. Australia
Value Added Tax (VAT): The EU does not have a unified GST, but
VAT functions similarly across EU member states with a framework set
by EU regulations. Each country in the EU sets its own VAT rates,
though they must meet EU guidelines.
o Standard VAT Rates: Vary across EU countries. The minimum
standard rate is 15%, but most countries have higher rates. For
example:
France: 20%
Germany: 19%
Italy: 22%
o Exemptions: Similar to GST, basic food, healthcare, and education
are generally exempt.
o Cross-border Trade: VAT rules include mechanisms for cross-
border trade within the EU, allowing businesses to reclaim VAT
paid on imports or exports.
4. Singapore
5. United Kingdom
6. New Zealand
7. South Africa
8. Malaysia
9. India
10. Brazil
Each country’s GST or VAT system has its own structure, tax rates,
exemptions, and administrative framework. While GST in countries like
Canada, Australia, and Singapore is largely similar to India’s model, countries
like Brazil, Malaysia, and the European Union have unique systems. The key
features that most systems share are the Input Tax Credit (ITC) mechanism
and the focus on reducing the cascading effect of taxes.
Under the Goods and Services Tax (GST) regime introduced in India, several
existing taxes were proposed to be subsumed into the GST framework. The
objective was to streamline the tax system, reduce the cascading effect of taxes,
and provide a unified tax structure for both goods and services.
b. Service Tax
Current Tax: Levied on interstate sales of goods, hindering the free flow
of goods across state borders.
Under GST: CST was abolished, and IGST was introduced for interstate
transactions, facilitating smoother interstate trade.
Current Tax: Earlier levied in certain states, but its role was largely
replaced by VAT.
Under GST: State Sales Tax was subsumed under SGST as part of the
broader GST framework.
d. Luxury Tax
Current Tax: Levied by states on luxury goods and services (e.g., hotel
rooms, air-conditioned restaurants, etc.).
Under GST: This tax was subsumed under GST, but services like hotel
accommodation above a certain tariff continue to be taxed under GST.
e. Entertainment Tax
f. Entry Tax
Current Tax: Levied by states on goods entering the state from other
regions, creating hurdles for interstate trade.
Under GST: Entry tax was abolished, and goods moving between states
are now subject to IGST.
g. Purchase Tax
Current Tax: Levied by some states on the purchase of goods within the
state.
Under GST: This was subsumed under SGST, except for a few items (such
as alcoholic beverages) that remain outside the GST ambit.
h. Luxury Tax
a. Octroi
Current Tax: Certain states had specific taxes on the purchase of goods.
Under GST: This was subsumed under SGST, and such taxes are no
longer applicable for most goods.
c. Taxes on Advertisements
Despite the broad coverage of GST, certain taxes remain outside the GST
regime due to specific exemptions or the nature of the goods/services involved:
1. Alcoholic Beverages:
o State-level excise duties remain applicable, as alcohol is outside
the scope of GST.
2. Petroleum Products:
o Crude oil, natural gas, diesel, petrol, and aviation turbine fuel
(ATF) remain outside the scope of GST and continue to be taxed
under Excise Duty (for central government) and VAT (for states).
3. Electricity:
o Taxes on electricity (e.g., electricity duty) are still under the
jurisdiction of state governments.
Conclusion:
The principle for subsuming various taxes into the Goods and Services Tax
(GST) regime in India was guided by the aim to simplify and rationalize the
complex tax structure in the country, ensuring greater transparency, efficiency,
and ease of doing business. Several key principles and objectives were
considered when determining which taxes to subsume and how to implement
GST. Below are the main principles adopted for subsuming the taxes under
GST:
Multiple Taxes into One: A key objective was to replace the complex
structure of multiple indirect taxes, both at the Central and State levels,
with a single tax regime. For example, taxes like Central Excise Duty,
Service Tax, State VAT, CST (Central Sales Tax), and Luxury Tax
were all subsumed into GST, thus creating a simplified tax framework.
Reduction of Cascading Effect: The cascading effect of taxes (tax on
tax) was one of the major issues with the previous system. Under GST,
this issue was addressed by allowing Input Tax Credit (ITC), meaning
that businesses can claim credit for taxes paid on inputs, which reduces
the overall tax burden and eliminates the cascading effect.
One Nation, One Tax: GST aimed to create a uniform tax structure
across the country, meaning that the same tax rate and rules would apply
uniformly across all states and Union Territories. This was particularly
important to eliminate interstate tax barriers, such as the Central Sales
Tax (CST) and Entry Taxes, which created inefficiencies in the flow of
goods and services between states.
Subsuming State-Specific Taxes: Several state-specific taxes, like
Entry Tax and Luxury Tax, were subsumed into GST to ensure
uniformity in taxation across the entire country. This helped to reduce
the confusion and complexity of dealing with multiple tax regimes.
Dual taxes in GST refer to the levying of both Central GST (CGST) and State GST
(SGST) on intra-state supplies. Here's a breakdown:
1. CGST and SGST: Both central and state governments levy taxes on intra-state
supplies. The tax rate is divided equally between CGST and SGST.
2. IGST (Integrated GST): Levied on inter-state supplies, IGST is a combination
of CGST and SGST. It's levied by the central government and is applicable to
imports and exports.
1. Complexity: Dual taxes can be complex, especially for small businesses and
startups.
2. Increased Tax Burden: Dual taxes can lead to an increased tax burden on
certain industries or sectors.
3. Compliance Issues: Taxpayers may face challenges in complying with dual
tax laws and regulations.
The benefits of GST (Goods and Services Tax) are numerous and can be
categorized into several areas:
Economic Benefits
Business Benefits
Consumer Benefits
1. Reduced Prices: GST reduces prices of goods and services due to the
reduced tax burden on businesses.
2. Increased Transparency: GST increases transparency in pricing due to the
clear and accountable tax system.
3. Improved Quality of Goods and Services: GST improves the quality of goods
and services due to the increased competition among businesses.
4. Increased Consumer Choice: GST increases consumer choice due to the
increased availability of goods and services.
Social Benefits
- Recommending GST Rates: Deciding on the rates of GST for various goods and
services
- GST Laws and Rules: Making recommendations on the laws, rules, and
regulations governing GST
- GST Threshold Limits: Deciding on the threshold limits for GST registration
and exemptions
- Dispute Resolution: Resolving disputes arising from GST implementation
The GST Council plays a crucial role in ensuring a harmonized and efficient GST
system across India, promoting economic growth, and enhancing the overall
business environment.
Here's an overview of the GST Network (GSTN) and the GST Regime:
GST Network (GSTN)
1. Definition: GSTN is a non-profit, non-government company responsible for
managing the GST system in India.
2. Objectives: GSTN aims to provide a shared IT infrastructure and services to
Central and State Governments, taxpayers, and other stakeholders for the
implementation of GST.
3. Functions: GSTN is responsible for:
1. Developing and maintaining the GST portal
2. Processing GST returns and payments
3. Providing GST registration and verification services
4. Maintaining the GST taxpayer database
4. Benefits: GSTN provides a single, unified platform for GST compliance,
making it easier for taxpayers to file returns, pay taxes, and access GST-related
services.
GST Regime
Definitions
As per Section 2 of the IGST Act:
1. Integrated Goods and Services Tax (IGST): Tax levied on the supply of goods
and/or services in the course of inter-State trade or commerce.
2. Central Goods and Services Tax Act (CGST Act): The Central Goods and
Services Tax Act, 2017 (No. 12 of 2017).
3. State Goods and Services Tax Act (SGST Act): The respective State Goods and
Services Tax Act.
4. Union Territory Goods and Services Tax Act (UTGST Act): The Union Territory
Goods and Services Tax Act, 2017 (No. 14 of 2017).
5. Supply: All forms of supply of goods and/or services, including imports and
exports.
Administration
As per Chapter XXI of the IGST Act:
The IGST Act provides for the levy and collection of IGST on inter-State supplies
of goods and services. Its administration involves both Central and State
Governments, ensuring a harmonized and efficient tax system.
UNIT-II
Registration under GST is a crucial step for businesses to comply with the
Goods and Services Tax regime. Here's an overview:
Types of Registration
1. Voluntary Registration: Any business can opt for voluntary registration, even
if the turnover is less than the threshold limit.
2. Mandatory Registration: Businesses with a turnover exceeding the threshold
limit (Rs. 40 lakhs for goods and Rs. 20 lakhs for services) must register
mandatorily.
3. Compulsory Registration: Certain businesses, such as those engaged in e-
commerce, are required to register compulsorily, regardless of turnover.
Threshold Limits
Registration Process
Benefits of Registration
Verification of Application
1. Verification by Tax Official: The tax official will verify the application and
may request additional documents or information.
2. Site Verification: In some cases, a site verification may be conducted to
verify the business premises.
Amendment of Registration
Cancellation of Registration
1. Form GST REG-01: A casual taxable person must apply for registration in
Form GST REG-01 at least 5 days prior to the commencement of business.
2. Advance Tax Deposit: A casual taxable person must deposit advance tax,
which will be credited to their electronic cash ledger.
1. Form GST REG-04: An input service distributor must apply for registration
in Form GST REG-04.
2. ISD Registration: ISD registration is required for distributing input tax credit
to recipients.
Here are the exempted goods and services under GST:
Exempted Goods
1. Fresh Fruits and Vegetables: Fresh fruits and vegetables, including potatoes
and onions.
2. Grains and Pulses: Rice, wheat, pulses, and other grains.
3. Milk and Dairy Products: Milk, butter, cheese, and other dairy products.
4. Eggs and Meat: Eggs, meat, and poultry products.
5. Fish and Seafood: Fish and seafood products.
6. Salt: Salt, including iodized salt.
7. Bread and Confectionery: Bread, cakes, and confectionery items.
8. Prasad: Prasad, including food offered to deities.
9. Jhuggi and Slum Dweller Ration: Ration provided to jhuggi and slum
dwellers.
10. Agricultural Produce: Agricultural produce, including sugarcane, tea, and
coffee.
Exempted Services
Other Exemptions
Note: The exemptions listed above are subject to change and may not be
comprehensive. It's always best to consult the GST Act and relevant
notifications for the most up-to-date information.
GST Registration Rules
1. Invoice Requirements: Invoices must contain the GSTIN of the supplier and
recipient, invoice number, date, and tax amount.
2. Invoice Format: Invoices must be in a prescribed format, which includes a
unique invoice number and date.
3. Time Limit for Issuing Invoices: Invoices must be issued within 30 days of
the date of supply.
1. Payment Due Date: GST payments are due on the 20th of the next month.
2. Payment Modes: Payments can be made online through the GST portal or
through authorized banks.
3. Late Payment Fees: Late payment fees apply if payments are not made on
time.
1. Refund Eligibility: Refunds are eligible for excess tax paid, tax paid on
exports, and tax paid on supplies to SEZ units.
2. Refund Application: Refund applications must be made online through the
GST portal.
3. Refund Processing Time: Refunds are processed within 60 days of the refund
application.
GST at 12%
- Fresh or chilled vegetables, roots, and tubers
- Fresh or chilled fruits
- Other edible parts of plants
- Spices, including cinnamon, cardamom, and cloves
- Tea, whether or not flavoured
- Coffee, whether or not roasted or decaffeinated
- Jute fibres, raw or processed but not spun
- Cotton fibres, raw or processed but not spun
- Coir fibres, raw or processed but not spun
GST at 18%
- Biscuits, wafers, and cookies
- Pasta, spaghetti, and macaroni
- Corn flakes, muesli, and other breakfast cereals
- Cereals, including oats, barley, and rye
- Meat and edible meat offal
- Fish and crustaceans, molluscs, and other aquatic invertebrates
- Dairy products, including butter, cheese, and ghee
- Edible oils, including coconut oil, palm oil, and olive oil
- Spices, including pepper, nutmeg, and mace
GST at 28%
- Aerated drinks, including cola, lemonade, and fruit juice
- Tobacco products, including cigarettes, cigars, and chewing tobacco
- Pan masala, including gutkha and other tobacco-free preparations
- Wines, including still wine, sparkling wine, and fortified wine
- Beer
- Automobiles, including cars, buses, and trucks
- Motorcycles and scooters
- Aircraft and helicopters
- Yachts and boats
- Jewelry, including gold, silver, and precious stones
- Perfumes and fragrances
- Cosmetics and toiletries, including soap, shampoo, and toothpaste
- Leather goods, including handbags, wallets, and belts
- Footwear, including shoes, boots, and sandals
- Furniture and furnishings, including beds, chairs, and tables
- Household appliances, including refrigerators, air conditioners, and washing
machines
- Electronic devices, including TVs, computers, and smartphones
- Solar panels and solar inverters
- Wind turbines and wind turbine components
- Biomass briquettes and biomass pellets
- Electric vehicles, including e-rickshaws and e-cars
- Hybrid vehicles, including hybrid cars and hybrid buses
- Hydrogen fuel cell vehicles
- Methanol
- Bio-diesel
- High-speed diesel
- Petrol
- Aviation turbine fuel
- Natural gas
- Compressed natural gas (CNG)
- Liquefied natural gas (LNG)
- Liquefied petroleum gas (LPG)
- Coal
- Lignite
- Peat
- Uranium
- Thorium
- Nuclear fuel
- Radioactive elements
- Isotopes
- Compounds or mixtures of isotopes
- Nuclear reactors
- Fuel elements (cartridges) for nuclear reactors
- Isotopes and compounds or mixtures of isotopes, not containing uranium or
thorium, or compounds or mixtures thereof, for use in a nuclear reactor
- Heavy water (deuterium oxide)
- Uranium enriched in U 235 or U 233; plutonium and its compounds; alloys,
dispersions (including cermets), ceramic products and mixtures containing
uranium enriched in U 235 or U 233, plutonium or compounds of these products
- Radioactive elements and isotopes and compounds or mixtures thereof, not
containing uranium or thorium, or compounds or mixtures thereof, for
industrial, commercial, agricultural, medical, scientific or educational purposes
- Fuel wood, including logs, billets, and twigs
- Charcoal, including activated carbon
- Wood tar; wood tar oils; wood creosote; wood naphtha; vegetable pitch;
brewers' pitch
- Residual lyes from wood pulp manufacture
- Lignite whether pulver
Here's an overview of the procedure relating to levy (CGST and SGST)
under GST:
1. Eligibility: ITC is eligible on tax paid on inputs used for business purposes.
2. ITC Claim: ITC can be claimed by the taxable person in their GST return.
GST Returns
1. GST Returns: GST returns are filed by the taxable person to report their
supplies, tax payment, and ITC claim.
2. Return Filing: Returns are filed online through the GST portal.
1. Due Dates: GST payment and return filing due dates are specified in the GST
Act and rules.
2. Late Fees: Late fees are applicable for delayed payment and return filing.
various schedules related to supply under GST:
1. Sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of
building
2. Actionable claims, other than lottery, betting and gambling
3. Transactions related to securities
1. Healthcare services
2. Educational services
3. Charitable services
4. Religious services
5. Funeral services
6. Postal services
7. Railway services
8. Air transport services
1. Value of supply shall include any taxes, duties, cesses, fees, and charges
2. Value of supply shall not include any discount or rebate allowed
1. Transitional provisions for taxes and duties levied prior to the appointed day
2. Transitional provisions for input tax credit
Schedule IX: Special Provisions Relating to Supply of Goods or Services
computation of taxable value and tax liability (CGST and SGST) under GST:
Taxable Value
1. Transaction Value: The price actually paid or payable for the supply of goods or
services.
2. Value of Supply: The transaction value plus any taxes, duties, cesses, fees, and
charges levied under any law, other than the GST Act.
3. Discounts and Rebates: Discounts and rebates allowed after the supply has been
made can be deducted from the transaction value.
Tax Liability = (Taxable Value x CGST Rate) + (Taxable Value x SGST Rate)
Example
1. Eligibility: ITC is eligible on tax paid on inputs used for business purposes.
2. ITC Claim: ITC can be claimed by the taxpayer in their GST return.
3. ITC Utilization: ITC can be utilized to set off tax liability.
Levy of IGST
IGST Payment
1. Eligibility: ITC is eligible on tax paid on inputs used for business purposes.
2. ITC Claim: ITC can be claimed by the taxable person in their GST return.
GST Returns
1. GST Returns: GST returns are filed by the taxable person to report their supplies,
tax payment, and ITC claim.
2. Return Filing: Returns are filed online through the GST portal.
1. Due Dates: GST payment and return filing due dates are specified in the GST Act
and rules.
2. Late Fees: Late fees are applicable for delayed payment and return filing.