Gst Content
Gst Content
Goods and Services Tax (GST) is an indirect tax (or consumption tax) used
in India on the supply of goods and services. It is a comprehensive, multistage,
destination-based tax: comprehensive because it has subsumed almost all the
indirect taxes except a few state taxes. Multi-staged as it is, the GST is imposed at
every step in the production process, but is meant to be refunded to all parties in
the various stages of production other than the final consumer and as a destination-
based tax, it is collected from point of consumption and not point of origin like
previous taxes.
Goods and services are divided into five different tax slabs for collection of tax: 0%,
5%, 12%, 18% and 28%. However, petroleum products, alcoholic drinks,
and electricity are not taxed under GST and instead are taxed separately by the
individual state governments, as per the previous tax system. There is a special rate
of 0.25% on rough precious and semi-precious stones and 3% on gold. In addition,
a cess of 22% or other rates on top of 28% GST applies on few items like aerated
drinks, luxury cars and tobacco products. Pre-GST, the statutory tax rate for most
goods was about 26.5%, Post-GST, most goods are expected to be in the 18% tax
range.
The tax came into effect from 1 July 2017 through the implementation of the One
Hundred & First Amendment of the Constitution of India by the Indian
Government. The GST replaced existing multiple taxes levied by the central
and state governments.
The tax rates, rules and regulations are governed by the GST Council which consists
of the finance ministers of the central government and all the states. The GST is
meant to replace a slew of indirect taxes with a federated tax and is therefore
expected to reshape the country's $2.4 trillion economy, but its implementation has
received criticism. Positive outcomes of the GST include the travel time in interstate
movement, which dropped by 20%, because of disbanding of interstate check posts.
It is charged at the national and state level at similar rates for the same
products and it also replaces almost all the current indirect taxes that are
imposed separately by the Central and the States. Goods & Services Tax is a
destination based tax which means thatthe tax is paid at the place of supply.
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The following is the list of indirect taxes in the pre-GST rule:
Resale
Use in manufacturing or processing
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Objectives of GST
To concentrate and conform One Country – One Tax.
To ensure consumption-based tax instead of Manufacturing.
To ensure Uniform GST Registration, payment and Input tax Credit.
To eliminate the cascading effect of Indirect taxes on single transaction.
To ensure the subsume all indirect taxes at Central and State Level under.
To reduce tax evasion and corruption.
To increase productivity.
To increase Tax to GDP Ratio and Revenue surplus.
To increase Compliance.
To reduce economic distortions.
Boost to exports: If Indian market will be competitive in pricing, then
more and more foreign players will try to enter the market, which results in
more numbers of exporters and benefits to Indian Market. As far there is no
tax rate is finalized, butyes GST is much needed in the countries where, it
lacks
transparency and complextaxation system. GST will take away cascading
effect of various taxes that are charged on sale/ production/ purchase and
so. Products reaches to customers at very high rate as compared to
manufacturing, so with GST there will be only one tax and it will reduce
burden to pay on manufacturers.
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Types of Goods and Service Tax
(GST)
1.Central Goods and Services Tax (CGST):
Under GST, CGST is a tax levied on Intra State supplies of both goods and
services by the Central Government and will be governed by the CGST Act.
SGST will also be levied on the same Intra State supply but will be
governed by the State Government.
This implies that both the Central and the State governments will agree on
combining their levies with an appropriate proportion for revenue sharing
between them. However, itis clearly mentioned in Section 8 of the GST Act
that the taxes be levied on all Intra-Statesupplies of goods and/or services
but the rate of tax shall not be exceeding 14%, each.
Under GST, SGST is a tax levied on Intra State supplies of both goods and
services by the State Government and will be governed by the SGST Act. As
explained above, CGSTwill also be levied on the same Intra State supply
but will be governed by the Central Government.
An example for CGST and SGST:
Under GST, IGST is a tax levied on all Inter-State supplies of goods and/or
services and will be governed by the IGST Act. IGST will be applicable on
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any supply of goods and/or services in both cases of import into India and
export from India.
Advantages of GST
Advantages for the government:
Will help to create a unified common national market for India, giving a boost
to foreign investment and “Make in India” campaign;
Will mitigate cascading of taxes as Input Tax Credit will be available across
goods and services at every stage of supply;
Harmonization of laws, procedures and rates of tax between Centre and
States and across States;
Improved environment for compliance as all returns are to be filed online,
input credits to be verified online, encouraging more paper trail of
transactions at each level of supply chain;
Similar uniform SGST and IGST rates will reduce the incentive for evasion
by eliminating rate arbitrage between neighbouring States and that
between intra and inter-state sales;
Common procedures for registration of taxpayers, refund of taxes, uniform
formats of tax return, common tax base, common system of classification of
goods and services will lend greater certainty to taxation system;
Greater use of IT will reduce human interface between the taxpayer and the
tax administration, which will go a long way in reducing corruption;
It will boost export and manufacturing activity, generate more employment
and thus increase GDP with gainful employment leading to substantive
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economic growth;
Ultimately it will help in poverty eradication by generating more employment
and more financial resources.
Advantages to Consumers:
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will suffer very low tax rates under a compounding scheme - purchases from
such entities will cost less for the consumers;
Poverty eradication by generating more employment and more financial
resources.
Advantages to States:
Expansion of the tax base as they will be able to tax the entire supply chain
from manufacturing to retail;
Power to tax services, which was hitherto with the Central Government
only, will boost revenue and give States access to the fastest growing sector
of the economy;
GST being destination based consumption tax will favour consuming States;
Improve the overall investment climate in the country which will naturally
benefit the development in the States;
Largely uniform SGST and IGST rates will reduce the incentive for evasion
by eliminating rate arbitrage between neighbouring States and that
between intra and inter-state sales;
Improved Compliance levels of the tax payers will contribute greatly in
improving the revenue collection of the States.
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GST Council Meetings
GST Council has met thirteen times since its constitution and some important
decisions taken in the GST Council meeting are:-
Rules for conduct of business in GST Council;
The threshold limit for exemption from levy of GST would be Rs. 20 lakhs for
the States except for the Special Category States, as enumerated in Article
279A of the Constitution, for which it will be Rs 10 Lakhs);
The threshold for availing the Composition scheme would be Rs. 50 lakhs.
Service providers and some others would be kept out of the Composition
Scheme;
Approval of the Draft GST Rules on registration, payment, return, refund and
invoice, debit/credit Notes with the understanding that minor changes may be
permitted with the approval of the Chairperson, if required, based on suitable
suggestions from the stakeholders or from the Law Department;
All entities exempted from payment of indirect tax under any existing tax
incentive scheme would pay tax in the GST regime and the decision to continue
with any incentive scheme shall be with the concerned State or Central
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government. In case, the State or Central Government decides to continue with
any existing exemption/incentive scheme; it will be administered by way of a
reimbursement mechanism.
Adoption of four slabs tax rate structure of 5%, 12%, 18% and 28%. In addition,
there would be a category of exempt goods and further a cess would be levied
on certain goods such as luxury cars, aerated drinks, pan masala and tobacco
products, over and above the rate of 28% for payment of compensation to the
states.
GST rates on 1211 items were approved at the 14th GST Council meeting held at
Srinagar on 18th and 19th of May 2017.
At the 15th GST Council meeting held at New Delhi on 3rd June 2017, tax rates
on the remaining goods were approved
22 states, and 2 Union Territories with Legislatures (Delhi and Puducherry) have
already passed their respective State GST Bill in their State Assemblies.
Issue of cross empowerment and administrative division of taxpayers between
the States and Centre has been resolved.
GST may not subsume the following taxes within its ambit:
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goods whichare not available in India in abundance.
3. Road and Passenger Tax: These are in the nature of fees and
not in the nature oftaxes on goods and services.
4. Toll tax: these are in the nature of user fees and not in the nature
of taxes on goodsand services.
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Registration under GST Law
In any tax system registration is the most fundamental requirement for
identification of tax payers ensuring tax compliance in the economy.
Registration of any business entity under the GST Law implies obtaining a unique
numberfrom 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, aperson can neither collect tax from his customers
nor claim any input tax credit of tax paid by him.
Liability to register
GST being a tax on the event of “supply”, every supplier needs to get registered.
However, small businesses having all India aggregate turnover below Rupees
20 lakh (10lakh if business is in Assam, Arunachal Pradesh, Himachal Pradesh,
Uttarakhand, Manipur, Mizoram, Sikkim, Meghalaya, Nagaland or Tripura) need
not register. The small businesses, having turnover below the threshold limit can,
however, voluntarily opt to register.
The aggregate turnover includes supplies made by him on behalf of his
principals, but excludes the value of job-worked goods if he is a job worker. But
persons who are engaged exclusively in the business of supplying goods or services
or both that are not liable to tax or wholly exempt from taxor an agriculturist, to
the extent of supply of produce out ofcultivation of land are not liable to
register under GST.
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Also,if all the supplies being made by a supplier are taxable under reverse charge,
there is no requirement for such a supplier to register in light of Notification No.
5/2017-Central Tax dated 19.06.2017.
Nature of Registration
Generally, the liability to register under GST ariseswhen you are a supplier
within the meaning of theterm, and also if your aggregate turn over in
the financial year is above the exemption threshold of20 lakh rupees
(10 lakh rupees in special category states except J & K). However, the GST
law enlists certain categories of suppliers who are required toget
compulsory registration irrespective of their turnover that is to say, the
threshold exemption of20 lakh rupees or 10 lakh rupees as the case may
be is not available to them. Some of such suppliers who need to register
compulsorily irrespective of the size of their turnover are those who are,-
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Inter-state suppliers; However, persons making inter-state supplies of
taxable services and havingan aggregate turnover, to be computed on all
India basis, not exceeding an amount of twenty lakh rupees(ten lakh rupees
for special category States except J & K) are exempted from obtaining
registration vide Notification No. 10/2017-Integrated Tax dated
13.10.2017.
A person receiving supplies on which tax is payable by recipient on reverse
charge basis
Casual taxable person who is not having fixed place of business in the
State or Union Territory from where he wants to make supply. However
casual taxable persons making supplies of specified handicraft goods need
not take compulsory registration and are entitled to the threshold
exemption of Rs. 20 Lakh. Handicraft goods are specified in Notification
no. 33/2017-Central Tax dated 15.09.2017 as amended by Notification no.
38/2017-Central Tax dated 13.10.2017.
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A casual taxable person is one who has a registered business in some State in India, but
wants to effect supplies from some other State in which he is not having any fixed
place of business. Such person needs to register in the Statefrom where he seeks to
supply as a casual taxable person. A non-resident taxable person is one who is a
foreignerand occasionally wants to effect taxable supplies from any State in India,
and for that he needs GST registration. GST
law prescribes special procedure for registration, as also for extension of the operation
period of such casual or non- resident taxable persons. They have to apply for
registration at least five days in advance before making any supply. Also,
registration is granted to them or period of operation is extended only after they
make advance deposit of the estimated tax liability.
In respect of supplies to some notified agencies of United Nations organisation,
multinational financial institutionsand other organisations, a centralised unique
identificationnumber (UIN) is issued.
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GST 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.This scheme can be opted by any taxpayer whose
turnover is less than Rs. 1.0 crore*.
As per the CGST (Amendment) Act, 2018, a composition dealer can also
supply services to an extent of ten percent of turnover, or Rs.5 lakhs,
whichever is higher. This amendment will be applicable from the 1st of Feb,
2019. Further, GST Council in its 32nd meeting proposed an increase to this
limit for service providers on 10th Jan 2019*.
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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 ReverseCharge 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 billof supply issued by him.
As per the CGST (Amendment) Act, 2018, a manufacturer or trader can now
also supplyservices to an extent of ten percent of turnover, or Rs.5 lakhs,
whichever is higher. This amendment will be applicable from the 1st of Feb,
2019.
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How Should a Composition Dealer raise bill?
A dealer is required to file a quarterly return GSTR-4 by 18th of the month after
the end of the quarter. Also, an annual return GSTR-9A has to be filed by 31st
December of nextfinancial year*.
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What are the GST rates for a composition dealer?
Following chart explains the rate of tax on turnover applicable for composition dealers :
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Input Tax Credit
Input credit means at the time of paying tax on output, you can reduce the
tax you havealready paid on inputs and pay the balance amount.
Here’s how-
When you buy a product/service from a registered dealer you pay taxes
on the purchase.On selling, you collect the tax. You adjust the taxes paid
at the time of purchase with theamount of output tax (tax on sales) and
balance liability of tax (tax on sales minus tax onpurchase) has to be
paid to the government. This mechanism is called utilization of inputtax
credit.
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Who can claim ITC?
ITC can be claimed by a person registered under GST only if he fulfills ALL
theconditions as prescribed.
d. The tax charged has been paid to the government by the supplier.
e. When goods are received in installments ITC can be claimed only when the
last lot is received.
ITC can be claimed only for business purposes. ITC will not be available for
goods or services exclusively used for: a. Personal use b. Exempt supplies c.
Supplies for whichITC is specifically not available.
All regular taxpayers must report the amount of input tax credit (ITC) in their
monthly GST returns of Form GSTR-3B. The table 4 requires the summary
figure of eligible ITC,Ineligible ITC and ITC reversed during the tax period. The
format of the Table 4 is givenbelow:
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Reversal of Input Tax Credit
ITC can be availed only on goods and services for business purposes. If they are
used for non-business (personal) purposes, or for making exempt supplies ITC
cannot be claimed .Apart from these, there are certain other situations where ITC
will be reversed.
2) Credit note issued to ISD by seller– This is for ISD. If a credit note
was issued by theseller to the HO then the ITC subsequently reduced will be
reversed.
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used for thepersonal purpose must be reversed proportionately.
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4) Capital goods partly for business and partly for
exempted supplies or forpersonal use – This is similar to above
except that it concerns capital goods.
6) The details of reversal of ITC will be furnished in GSTR-3B. To find out more
about thesegregation of ITC into business and personal use and subsequent
calculations, please visit our article.
Stages of GST
There are multiple change-of-hands an item goes through along its supply
chain: frommanufacture to final sale to the consumer.
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5. Sale of the product to the retailer.
6. Sale to the end consumer.
Goods and Service Tax is levied on each of these stages which makes it is multi stage
tax.
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Types of GST Returns
GSTR-1
GSTR-2A
GSTR-2
GSTR-2 is the return for reporting the inward supplies of goods and services
i.e., the purchases made during a tax period. The details in the GSTR-2
return are auto-populatedfrom the GSTR-2A. Unlike GSTR-2A, the GSTR-2
return can be edited.
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GSTR-2 is to be filed by all normal taxpayers registered under GST, however, the filing
of the same has been suspended ever since the inception of GST.
GSTR-3
GSTR-3B
GSTR-4 / CMP-08
GSTR-4 is the return that was to be filed by taxpayers who have opted for
the Composition Scheme under GST. CMP-08 is the return which has
replaced the now erstwhile GSTR-4. The Composition Scheme is a scheme
in which taxpayers with turnover up to Rs.1.5 crores can opt into and pay
taxes at a fixed rate on the turnoverdeclared.
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The CMP-08 return is to be filed on a quarterly basis.
GSTR-5
The GSTR-5 return is to be filed monthly for each month that the taxpayer
is registeredunder GST in India.
GSTR-6
GSTR-7
GSTR-8
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GSTR-8 is a monthly return to be filed by e-commerce operators registered
under the GST who are required to collect tax at source (TCS). GSTR-8
will contain details of allsupplies made through the E-commerce platform,
and the TCS collected on the same.
GSTR-9
*The 37th GST Council meeting took the decision to make GSTR-9 filing
optional forbusinesses with turnover up to Rs.2 crore in FY 17-18 and FY 18-19.
GSTR-9A
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under the Composition Scheme in a financial year*. It is a consolidation of
all the quarterly returnsfiled during that financial year.
*GSTR-9A filing for Composition taxpayers has been waived off for FY 2017-
18 and FY2018-19 as per the decision taken in the 27th GST Council meeting.
GSTR-9C
GSTR-9C is to be filed for every GSTIN, hence, one PAN can have multiple
GSTR-9Cforms being filed.
GSTR-10
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GSTR-11
GSTR-11 is the return to be filed by persons who have been issued a Unique
Identity Number (UIN) in order to get a refund under GST for the goods
and services purchased by them in India. UIN is a classification made for
foreign diplomatic missions and embassies not liable to tax in India, for the
purpose of getting a refund of taxes. GSTR-11will contain details of inward
supplies received and refund claimed
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Due Dates of filing GST Returns
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Late filing of GST Returns
As per GST Act Late fee is Rs. 100 per day per Act. So it is 100 under
CGST & 100 under SGST. Total will be Rs. 200/day. The maximum is
Rs. 5,000. There isno late fee on IGST.