Project Report Gst

7/30/2019 Project Report Gst

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Foreword

Tax policies play an important role on the economy through their impact on both efficiency

and equity. A good tax system should keep in view issues of income distribution and, at the

same time, also endeavour to generate tax revenues to support government expenditure onpublic services and infrastructure development. Cascading tax revenues have differential

impacts on firms in the economy with relatively high burden on those not getting full offsets.

This argument can be extended to international competitiveness of the adversely affected

sectors of production in the economy. Such domestic and international factors lead to

inefficient allocation of productive resources in the economy. This results in loss of income

and welfare of the affected economy.

Value added tax was first introduced by Maurice Laure, a French economist, in 1954. The tax

was designed such that the burden is borne by the final consumer. Since VAT can be applied

on goods as well as services it has also been termed as goods and services tax (GST). Duringthe last four decades VAT has become an important instrument of indirect taxation with 130

countries having adopted this, resulting in one-fifth of the worlds tax revenue. Tax reform in

many of the developing countries has focused on moving to VAT. Most of these countries

have gained thus indicating that other countries would gain from its adoption. For a

developing economy like India it is desirable to become more competitive and efficient in its

resource usage. Apart from various other policy instruments, India must pursue taxation

policies that would maximise its economic efficiency and minimise distortions and

impediments to efficient allocation of resources, specialisation, capital formation and

international trade.

Traditionally Indias tax regime relied heavily on indirect taxes including customs and excise.

Revenue from indirect taxes was the major source of tax revenue till tax reforms wereundertaken during nineties. The major argument put forth for heavy reliance on indirect taxes

was that the Indias majority of population was poor and thus widening base of direct taxes

had inherent limitations. Another argument for reliance on indirect taxes was that agricultural

income was not subjected to central income tax and there were administrative difficulties

involved in collecting taxes.

The broad objectives of our report relates to analysing the impact of introducing

comprehensive goods and services tax (GST) on economic growth and international trade;

changes in rewards to the factors of production; and output, prices, capital, employment,

efficiency and international trade at the sectoral level.

Analysis in this report indicates that implementation of a comprehensive GST in India is

expected to lead to efficient allocation of factors of production thus leading to gains in GDP

and exports. It will also ensure better compliance of tax law and will remove cascading

effective which is still present in the taxation system. This would translate into enhanced

economic welfare and returns to the factors of production, viz. land, labour and capital.


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Table of Contents

Executive Summary

I. Backdrop 1-

II. Indias Tax Regime

III. Rationale for GST

IV. Overview of GST:-

How GST works

System of GST

V. Salient features of GST model

VI. Proposed GST Model

Taxes to be subsumed under GST

Rate Structure

Taxes out of purview of GST

Threshold Limits

Exemptions

Tax Credit

VII. How integrated GST will work?

VIII GST on ImportGST on Export

IX Miscellaneous

X Road Blocks in implementation of GST?

XI Proposed amendments in legislations.

XII Suggestion for effective Implementation

XIII GST Implications for organisations


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1. Backdrop

1.1 Tax policies play an important role on the economy through their impact on both

efficiency and equity. A good tax system should keep in view issues of income distribution

and, at the same time, also endeavour to generate tax revenues to support government

expenditure on public services and infrastructure development. Cascading tax revenues have

differential impacts on firms in the economy with relatively high burden on those not getting

full offsets.

1.2 Traditionally Indias tax regime relied heavily on indirect taxes including customs and

excise. Revenue from indirect taxes was the major source of tax revenue till tax reforms were

undertaken during nineties. The major argument put forth for heavy reliance on indirect taxes

was that the Indias majority of population was poor and thus widening base of direct taxes

had inherent limitations. Another argument for reliance on indirect taxes was that agricultural

income was not subjected to central income tax and there were administrative difficulties

involved in collecting taxes.

However, it became evident that indirect taxes lead to undesirable effects on prices and

allocation of resources. The Government of India constituted Indirect Taxation Enquiry

Committee in 1976 headed by Shri L. K. Jha to study the structure of indirect taxes, central,

state and local level taxes and suggest policy reforms. Indirect Taxation Enquiry Committee

submitted its report in 1978. The committee found a major problem with indirect tax regime

as it had caused unintended distortion in the allocation of resources and cascading effects.

The committee recommended that indirect taxation should move towards taxation of final

products and introduce modified form of value added tax. However, a major obstacle in

rationalisation of indirect tax system was the levy of tax on commodities by government at

different levels viz., centre, state and local authorities. This multiple taxation provides

incentives for tax evasion and undermines efficiency. Further, there is lack of uniformity in the

pattern of commodity taxation resulting in harassment to the public by multiple tax authorities.

Heavy reliance on indirect taxes for raising revenue was also found to increase cost and fuel

inflation.

1.3 The Government of introduced the Long Term Fiscal Policy (LTFP) on 19 December

1985 for prudent fiscal management. Major excise and custom reforms were introduced in

LTFP. The reforms in excise relates to introduction of modified value added tax i.e MODVAT.

However, fill up in the tax policy came with introduction of economic reforms in 1990. The

system of MODVAT was progressively converted into VAT and CENVAT was introduced at

centre level. Subsequently, after Constitutional Amendment empowering the Centre to levy

taxes on services, these service taxes were also added toCENVAT in 2004-05.At state level

also VAT was introduced in 2005.


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1.4 Despite all the various changes the overall taxation system continues to be complex and

has various exemptions. The Government of India constituted a Task Force on

implementation of Fiscal Responsibility and Budget Management Act, 2003 (FRBMA) to

chalk out a framework for fiscal policies to achieve FRBM targets. The Report of the Task

Force on implementation of the FRBMA, chaired by Dr. Vijay Kelkar, submitted its Report in

July 2004. It has recommended introduction of a national VAT on goods and services (GST)

which would help improve the revenue productivity of domestic indirect taxes and enhance

welfare through efficient resource allocation.

The Joint Working Group of the Empowered Committee of the State Finance Ministers

submitted its report on the proposed Goods and Services Tax (GST) to the Finance Minister

in November 2007. A dual GST, one for the Centre and other for the states, was to be

implemented by 1 April 2010


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II INDIAS TAX REGIME

2.1 In India the power for taxation has been divided between centre and state under article

246 of the constitution. As per the said article the centre has power to tax under list I of the

Schedule VII of the constitution, the state can tax under list II of the schedule and both can

make law under list III of the schedule. Therefore, there is a clearly defined and multiple tax

regime in India.

Taxation structure existing in country:-

Taxes levied by Centre Taxes Levied by State

Central Excise and Custom Value Added Tax( state sales

tax)

Service Tax Local taxesDirect Taxes

2.2 Prior to the introduction of VAT in the Centre and in the States, there was a burden of

multiple taxation in the pre-existing Central excise duty and the State sales tax systems.

Before any commodity was produced, inputs were first taxed, and then after the commodity

got produced with input tax load, output was taxed again. This was causing a burden of

multiple taxation (i.e. tax on tax) with a cascading effect. Moreover, in the sales tax

structure, when there was also a system of multi-point sales taxation at subsequent levels ofdistributive trade, then along with input tax load, burden of sales tax paid on purchase at

each level was also added, thus aggravating the cascading effect further.

2.3 In India, VAT was introduced at the Central level for a selected number of commodities in

terms of MODVAT with effect from March 1, 1986, and in a

step-by-step manner for all commodities in terms of CENVAT in 2002-03. Subsequently, after

Constitutional Amendment empowering the Centre to levy taxes on services, these service

taxes were also added toCENVAT in 2004-05.

2.4 When VAT is introduced in place of Central excise duty, a set-off is given, i.e., a

deduction is made from the overall tax burden for input tax. In the case of VAT in place of

sales tax system, a set-off is given from tax burden not only for input tax paid but also for tax

paid on previous purchases. With VAT, the problem of tax on taxand related burden of

cascading effect is thus removed. .

2.5 Before introduction of VAT, in the sales tax regime, apart from the problem of multiple

taxation and burden of adverse cascading effect of taxes as already mentioned, there was


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also no harmony in the rates of sales tax on different commodities among the States. Not

only were the rates of sales tax numerous (often more than ten in several States), and

different from one another for the same commodity in different States, but there was also an

unhealthy competition among the States in terms of sales tax rates so-called rate war

often resulting in, revenue-wise, a counter-productive situation.

2.6 It is in this background that attempts were made by the States to introduce a harmonious

VAT in the States, keeping at the same time in mind the issue of sovereignty of the States

regarding the State tax matters.

The States started implementing VAT beginning April 1, 2005. After overcoming the initial

difficulties, all the States and Union Territories have now implemented VAT.


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III Rationale for GST

3.1 Despite this success with VAT, there are still certain shortcomings in the structure of VAT

both at the Central and at the State level.

The shortcoming in CENVAT of the Government of India are as follows:-

non-inclusion of several Central taxes in the overall framework of CENVAT, such as

additional customs duty, surcharges, etc., and thus keeping the benefits of

comprehensive input tax and service tax set-off out of reach for

manufacturers/dealers.

no step has yet been taken to capture the value-added chain in the distribution trade

below the manufacturing level in the existing scheme of CENVAT.

The introduction of GST at the Central level will not only include comprehensively more

indirect Central taxes and integrate goods and service taxes for the purpose of set-off relief,

but may also lead to revenue gain for the Centre through widening of the dealer base by

capturing value addition in the distributive trade and increased compliance.

3.2 In the existing State-level VAT structure there are also certain shortcomings as follows:-

several taxes which are in the nature of indirect tax on goods and services, such as

luxury tax, entertainment tax, etc., have yet not been subsumed in the VAT.

CENVAT load on the goods remains included in the value of goods to be taxed under

State VAT, and contributing to that extent a cascading effect on account of CENVAT

element.

non integration of VAT on goods with tax on services at the State level and

cascading effect of service tax.

3.3 In the GST, both the cascading effects of CENVAT and service tax are removed with set-

off, and a continuous chain of set-off from the original producers point and service providers

point upto the retailers level is established which reduces the burden of all cascading effects.

GST is not simply VAT plus service tax but an improvement over the previous system of

VAT and disjointed service tax.

3.4 Implementation of GST will also remove several roadblocks in the existing taxation

system in India.


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Some of these are:

a)Tax cascading The Goods and Services Tax Act will overcome the problem of tax-

cascading through input tax credit mechanisms. Under this system, sellers or vendors of

goods and services are eligible to avail tax credits on the amount of GST paid to eligible

procurements. Manufacturers can avail credits for the GST paid to procure inputs, capital

goods and services used in the manufacturing process. In the same way, wholesalers and

retailers can avail credits for the GST paid on procurement of stock. But the final customer

who purchases the product for consumption will not be able to avail and utilize any tax credit.

Tax cascading can be understood by the following example:-

A tax is applied on a particular product at each stage and and no credit is available, then tax

will be charged at each stage whenever a good or service changes hands. In other words,

tax is applied several times and is charged even on the tax which forms part of the inputs.

The following taxes will be applied to the product:

While purchasing inputs i.e. raw materials for the product, the manufacturer pays

sales tax.

When a wholesaler purchases the product from the manufacturer, then he pays tax

on procurement of the product.

When the retailer purchases the product from the wholesaler, the wholesale again

charges tax.

Lastly, the customer purchases the product from the retailer; the retailer againcharges a tax. This layering of sales tax will significantly increase the final sales price

as each party in the supply chain increases the price of the product to recover the tax

they paid. The cascading effect will increase then tax is paid on tax.

There are a large number of products and range of services that are outside the ambit of

CENVAT and service tax. The exempts sectors are not allowed to claim any credit of the

input tax. In the same way, under the state VAT, no credits are allowed for the inputs

procured and used towards exempted sectors. Non-eligibility for availment of credits leads to

tax cascading. Due to large number of exemptions, the effect of tax cascading in India is

significantly high.

b) Complexity Presently in India, for taxing sale of goods, there is Central Sales tax and

respective VAT Acts for each state and Union territory. The Goods and Services Tax will

remove this complication by having a unified code for implementation of State GST in

different states. The GST will not only subsume a large number of indirect taxes but also

solve the classification issues by introducing only one or two rates of tax. Other than this

there would be categories that are exempted or zero rated.

Presently the activities in a supply chain are subject to several taxes. For example the

manufacture of goods is subject to excise duty and sale of these manufactured goods is


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subject to state VAT or CST. The GST will ensure uniform single tax across the entire supply

chain.

c)Double taxation The GST will not make any difference between goods and services as

GST will be levied at each stage in the supply chain. This will help in solving the problem of

double taxation. The issue is not only between the taxes of customs duties, excise duties and

service tax but also between service tax and VAT. The issue of double taxation was

addressed by the Honorable Supreme Court in the case of BSNL vs. UOI (2006(3)SCC-1),

wherein the Court held that the same activity cannot be regarded as both goods and services

and hence both service tax and VAT should not be applicable on the same set of

transactions.

The implementation of GST will resolve the dilemma of a large number of assessee who are

not sure of application of the type of tax on certain specified transactions like software

development, sale of sim cards by telecom operators, online subscription of newspapers,

value added services provided by telecom operators, right to distribute movies etc.

d)Composite contracts There are a large number of works contracts which involve the

supply of goods and services which are available to customers under different supply chain

arrangements. Such situations arise in a gap or overlapping in taxation of goods and

services as the States do not have the power to impose tax on services and the Centre does

not have the power to impose tax on sale of goods within the state. In such cases, a

comprehensive solution can be provided only by implementation of GST.

e)Revenue growth- The introduction of GST along with prudent accounting policies,

transparency and supported by a robust electronic controls will bring down the peak rates of

taxation and enhance revenue growth. This can be understood by the following table by

comparing the present rates of tax and the proposed GST.

Goods from producer to wholesaler Present taxes

(Rs.)

GST (Rs.)

Cost of production 80,000 80,000

Producers margin of profit 20,000 20,000Producers price 1,00,000 1,00,000

Central Excise duty at 14% 14,000 Nil

VAT at 12.5% 14250 Nil

Central GST at (expected rate )12% Nill 12,000

State GST at (expected rate) 8% Nill 8,000

Total Price 1,28,250 1,20,000

Goods from wholesaler to retailer Present taxes

(Rs.)

GST (Rs.)

Cost of goods to wholesaler 1,14,000 1,00,000

Profit margin at 5%5,700 5,000

Total 1,19,700 1,05,000


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VAT at 12.5% 712.5 Nill

Central GST (expected rate )12% Nil 600

State GST at (expected rate) 8% Nill 400

Total 1,20,412.5 1,06,000

Goods from retailer to final consumer Present taxes

(Rs.)

GST (Rs.)

Cost of goods to wholesaler 1,20,412.5 1,06,000

Profit margin at 10% 12,041.25 10,500

Total 1,32,453.75 1,16,500

VAT at 12.5% 1,505.15 Nill

Central GST (expected rate )12% Nill 1,050

State GST at (expected rate) 8% Nill 840

Total price to the final consumer 1,33,958.9 1,18,390

Tax component in the price to the final

consumer

30,467.65 22,890

Final price exclusive of taxes 1,03,491.25 95,500


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IV Benefits of GST

4.1 Benefits for centre

As per the existing taxation system the centre does not has power to tax on production of

goods. The power to levy tax on sales rests with state except in case of inter state sales.

Therefore, introduction of GST would empower centre to tax sales also.

Benefits of GST for Centre:

Increase in GDP

Increase in exports

Power to tax after production down to distribution point

Ensures better compliance and prevent tax evasion

4.2 Benefits to state

There is no uniformity in rate of taxes among the states. Even after introduction of VAT there

are different rates of tax in different states. Therefore, there was rate war among states. GST

will lead to uniformity in tax rates. Other benefits for state are:-

Benefits for states

Will get power to tax services

Will reduce rate wars, therefore, outflow of investment to other states due to rate warwill be prevented

Introduction of comprehensive system of reliefs including set off of CENVAT andservice taxes

Increase in revenue due to broadening of tax base

Removal of burden of CST

4.3 Benefits to industry

Benefits to industry

Will provide comprehensive input tax credit, the service tax can be set off with sales

taxNo need to pay CST


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Many central and state indirect taxes will be subsumed in GST, therefore, a single taxis to be paid.

Uniformity in tax procedure throughout the country

Reduced tax burden will increase competitiveness of Indian products in foreignmarkets

4.4 Benefits to consumer

Benefits to consumer

Reduced tax burden will be passed on to consumers in form of reduced prices.

Better compliance and increased tax revenue will enable the government to spendmore on welfare

4.5 The GST at the Central and at the State level will thus give more relief to industry,

trade, agriculture and consumers through a more comprehensive and wider coverage of

input tax set-off and service tax set-off, subsuming of several taxes in the GST and phasing

out of CST. With the GST being properly formulated by appropriate calibration of rates and

adequate compensation where necessary, there may also be revenue/ resource gain for both

the Centre and the States, primarily through widening of tax base and possibility of a

significant improvement in tax compliance. In other words, the GST may usher in the

possibility of a collective gain for industry, trade, agriculture and common consumers as well

as for the Central Government and the State Governments. The GST may, indeed, lead to

the possibility of collectively positive-sum game.


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V Overview of GST

WHAT IS GOODS AND SERVICE TAX ?

5.1 Goods and Service Tax is a tax on goods and services, which is leviable at each point of

sale or provision of service, in which at the time of sale of goods or providing the services the

seller or service provider can claim the input credit of tax which he has paid while purchasing

the goods or procuring the service.

HOW WILL IT WORK?

5.2 GST will be paid at each step till final distribution stage. It will be charged by

dealers(manufacturer, trader and service provider) on the price of goods and services. WhileGST is paid at each step in the supply chain of goods and services, the paying dealers dont

actually bear the burden of the tax because GST is an indirect tax and ultimate burden of the

GST has to be taken by the last Customer. This is because they include GST in the price of

the goods and services they sell and can claim credits for the most GST included in the price

of goods and services they buy. The cost of GST is borne by the final consumer, who cant

claim GST credits, i.e. input credit of the tax paid.

The working of GST with respect to manufacturer, trader and consumer can be seen in the

illustrations given below. The manufacturers will get the input credit of all the taxes paid by

them on the raw material and also on the services.

Let us assume the rate of GST is 16percentand a toy manufacturer used following inputs for

manufacturing toys and sells the goods at Rs 120 lakh to trader:-

Manufacturer

Item

no

Particulars Amount

(Rs in lakhs)

Rate of tax

( in percent)

Input tax paid

(Rs in lakhs)1 Raw material 50 16 8

2 Stores and spares 25 16 4

3 Services 25 16 4

Total value of inputs 100 16

The output tax to be paid

Sale Value Rate of tax ( in percent) output tax to be paid(Rs in lakhs)

Rs 120 lakh 16 19.2


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Net Tax payable by manufacturer

Total output tax to be paid Rs 19.2 lakh

Total Input tax Paid Rs 16 lakh

Net Tax to be Paid Rs 3.2 lakh

Suppose trader use services amounting to Rs 5 lakh paying service tax at rate of 16 percent

amounting to Rs 0.8 lakh. Therefore total input tax paid by trader is:-

Trader

Itemno

Particulars Amount(Rs in lakhs)

Rate of tax( in percent)

Input tax paid(Rs in lakhs)

1 Goods purchased frommanufacturer

120 16 19.2

2 Services 5 16 0.8

Total value of inputs 125 20

If trader sell goods to consumer by adding Rs 5 lakh profit margin .The output tax payable by

trader is :-


Rs 130 lakh 16 20.8

Net Tax payable by Trader

Total output tax to be paid Rs 20.8 lakh

Total Input tax Paid Rs 20 lakh

Net Tax to be Paid Rs 0.8 lakh

Net Tax payable by consumer


Rs 130 lakh 16 20.8

From the above illustration it can be seen that the manufacturer and the trader gets credit of

the tax paid on good and services and had to pay tax on value added only. Further, the

government will get tax of Rs 20.8 lakh which is tax on final sale value of the product though

from different sources as detailed below:-


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Description Output tax(Rs in lakh)

Input tax credit(Rs in lakh)

Net tax payable togovernment(Rs in lakh)

Raw material

supplier

8 0 8

Stores and sparessupplier

4 0 4

Service provider I 4 0 4

Manufacturer 19.2 16 3.2

Service Provider II 0.8 0 0.8

Trader 20.8 20 0.8

Total Tax payableto Government

20.8

GST composition of manufacturer and dealer

0

5

10

15

20

25

Manufacturer Trader

Output Tax

Input Tax Credit

Net Tax Payable


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Composition of tax paid by the consumer

raw material

stores& spares

service providerI

manufacturerservice providerII

trader


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Systems of GST

5.3 Internationally, there are three systems in vogue:

(a) Invoice System

(b) Payment System

(c) Hybrid System

Brief description of three systems is:

Type of System Input Credit Output Tax

Invoice system On receipt of invoice On issue of invoice

Payment system On making payment On making payment

Hybrid At the option of dealer to bedeclared in advance

At the option of dealer to bedeclared in advance

(a) Invoice System: In the invoice system, the GST (Input) is claimed on the basis of invoice

and it is claimed when the invoice is received, it is immaterial whether payment is made or

not. Further the GST (Output) is accounted for when invoice is raised. Here also the time of

receipt of payment is immaterial. One may treat it as mercantile system of accounting. In

India the present system of sales tax on goods is an invoice system of VAT

and here it is immaterial whether the taxpayer is following the cash basis of accounting or

mercantile basis of accounting. The advantage of invoice system is that the input credit can

be claimed without making the payment. The disadvantage of the invoice system is that the

GST has to be paid without receiving the payment.

(b) Payment System: In the payment system of GST, the GST (Input) is claimed when the

payment for purchases is made and the GST (Output) is accounted for when the payment is

made. In this system, it is immaterial whether the assessee is maintaining the accounts on

cash basis or not. The advantage of cash invoice system is that the Tax (output) need not be

deposited until the payment for the goods and/or services is received. The disadvantage of

the payment system is that the GST (input) cannot be claimed without making the payment.

The Taxes on services in India are based on this payment system since service tax is

payable on receipt basis and further Cenvat credit is only allowable when payment of the

service is made. In some countries, this system is also adopted for small traders to keep

them away from the complexities of the Invoice system, which is purely a mercantile system.

(c) Hybrid System: In hybrid system the GST (Input) is claimed on the basis of invoice and

GST (Output) is accounted for on the basis of payment, if allowed by the law. In some

countries the dealers have to put their option for this system or for a reversal of this system

before adopting the same.


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VI Salient features of the GST model proposed in India

Rate Structure

6.1 The GST shall have two components: one levied by the Centre (hereinafter referred to as

Central GST), and the other levied by the States (hereinafter referred to as State GST).

Rates for Central GST (CGST) and State GST ( SGST) would be prescribed appropriately,

reflecting revenue considerations and acceptability. This dual GST model would be

implemented through multiple statutes (one for CGST and SGST statute for every State).

However, the basic features of law such as chargeability, definition of taxable event and

taxable person, measure of levy including valuation provisions, basis of classification etc.

would be uniform across these statutes as far as practicable.

The proposed rate structure is as follows:

A lower rate for essential structure.

Standard rate for general goods.

Special rates for precious metals.

For services their shall be single rate for SGST and CGST.

These GST rates are yet not announced by the government.

Applicability

6.2 The Central GST and the State GST would be applicable to all transactions of goods and

services made for a consideration except the exempted goods and services, goods which are

outside the purview of GST and the transactions which are below the prescribed threshold

limits.

The Central GST and State GST are to be paid to the accounts of the Centre and the States

separately. It would have to be ensured that account-heads for all services and goods would

have indication whether it relates to Central GST or State GST (with identification of the State

to whom the tax is to be credited).

Input Credit


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6.3 Since the Central GST and State GST are to be treated separately, taxes paid against

the Central GST shall be allowed to be taken as input tax credit (ITC) for the Central GST

and could be utilized only against the payment of Central GST. The same principle will be

applicable for the State GST. A taxpayer or exporter would have to maintain separate details

in books of account for utilization or refund of credit.

Cross utilization of Income Tax Credit between the Central GST and the State GST would not

be allowed except in the case of inter-State supply of goods and services under the IGST

model which is explained later.

Ideally, the problem related to credit accumulation on account of refund of GST should be

avoided by both the Centre and the States except in the cases such as exports, purchase of

capital goods, input tax at higher rate than output tax etc. where, again refund/adjustment

should be completed in a time bound manner.

Procedures

6.4 To the extent feasible, uniform procedure for collection of both Central GST and State

GST would be prescribed in the respective legislation for Central GST and State GST.

Administration

6.5 The administration of the Central GST to the Centre and for State GST to the States

would be given. This would imply that the Centre and the States would have concurrent

jurisdiction for the entire value chain and for all taxpayers on the basis of thresholds for

goods and services prescribed for the States and the Centre.

The taxpayer would need to submit periodical returns, in common format as far as possible,

to both the Central GST authority and to the concerned State GST authorities.

Each taxpayer would be allotted a PAN-linked taxpayer identification number with a total of

13/15 digits. This would bring the GST PAN-linked system in line with the prevailing PAN-

based system for Income tax, facilitating data exchange and taxpayer compliance.

Keeping in mind the need of tax payers convenience, functions such as assessment,

enforcement, scrutiny and audit would be undertaken by the authority which is collecting the

tax, with information sharing between the Centre and state


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VII Taxes to be subsumed under GST

7.1 The following taxes levied at centre will get subsumed under GST:-i. Central Excise Duty

ii. Additional Excise Duties

iii. The Excise Duty levied under the Medicinal and Toiletries Preparation Act

iv. Service Tax

v. Additional Customs Duty, commonly known as Countervailing Duty (CVD)

vi. Special Additional Duty of Customs - 4% (SAD)

vii. Surcharges, and

viii. Cesses.

7.2 The following State taxes and levies would be, to begin with, subsumed underGST:

i. VAT / Sales tax

ii. Entertainment tax (unless it is levied by the local bodies).

iii. Luxury tax

iv. Taxes on lottery, betting and gambling.

v. State Cesses and Surcharges in so far as they relate to supply of goods andservices.

vi. Entry tax not in lieu of Octroi.

Taxes to be kept out of purview of GST

7.3 However following taxes are proposed to be kept out of purview of GST due the reasons

as detailed:-

Purchase tax: Some of the States felt that they are getting substantial revenue from

Purchase Tax and, therefore, it should not be subsumed under GST while majority of the

States were of the view that no such exemptions should be given. The difficulties of the

foodgrain producing States was appreciated as substantial revenue is being earned by them

from Purchase Tax and it was, therefore, felt that in case Purchase Tax has to be subsumed

then adequate and continuing compensation has to be provided to such States. This issue is

being discussed in consultation with the Government of India.


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Tax on items containing Alcohol: Alcoholic beverages would be kept out of the purview of

GST. Sales Tax/VAT could be continued to be levied on alcoholic beverages as per the

existing practice. In case it has been made Vatable by some States, there is no objection to

that. Excise Duty, which is presently levied by the States may not also be affected.

Tax on Tobacco products: Tobacco products would be subjected to GST with ITC. Centre

may be allowed to levy excise duty on tobacco products over and above GST with ITC.

Tax on Petroleum Products: As far as petroleum products are concerned, it was decided

that the basket of petroleum products, i.e. crude, motor spirit (including ATF) and HSD would

be kept outside GST as is the prevailing practice in India. Sales Tax could continue to be

levied by the States on these products with prevailing floor rate. Similarly, Centre could also

continue its levies. A final view whether Natural Gas should be kept outside the GST will be

taken after further deliberations.


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.VIIIThreshold Limits- Services

8.1 In order to give relief to small dealers government has proposed to provide exemption

from SGST and CGST. Different threshold limits may be specified for taxes on

services and taxes on goods.The present threshold prescribed in different State VAT Actsbelow which VAT is not applicable varies from State to State. A uniform State GST threshold

across States is desirable and, therefore, it is considered that a threshold of gross annual

turnover of Rs.10 lakh both for goods and services for all the States and Union Territories

may be adopted with adequate compensation for the States (particularly, the States in North-

Eastern Region and Special Category States) where lower threshold had prevailed in the

VAT regime. Keeping in view the interest of small traders and small scale industries and to

avoid dual control, the States also considered that the threshold for Central GST for goods

may be kept at Rs.1.5 crore and the threshold for Central GST for services may also be

appropriately high. It may be mentioned that even now there is a separate threshold of

services (Rs. 10 lakh) and goods (Rs. 1.5 crore) in the Service Tax and CENVAT.

The present threshold limit vis a vis proposed limit is:-

Turnover of Services Present System Proposed Syatem

Below Rs. 10 Lakh No Service Tax Neither SGST nor CGST

Between Rs 10 lakh and Rs150 lakh

Service tax payable Only SGST

Above Rs 150 lakh Service tax payable Both SGAT and CGST

Thresh hold limit for goods Differs from state to state

In case of Centre it is Rs150 lakh

No exemption

Threshold limit of Rs 150 lakh


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IX INTEGRATED GOODS AND SERVICE TAX (IGST):

9.1 The scope of IGST model is that, Centre would levy IGST which would be CGST plus

SGST on all Inter-State transactions of taxable goods and services with appropriate provisionfor consignment or stock transfer of goods and services. The inter-State seller will pay IGST

on value addition after adjusting available credit of IGST, CGST, and SGST on his

purchases. The Exporting State will transfer to the Centre the credit of SGST used in

payment of IGST. The Importing dealer will claim credit of IGST while discharging his output

tax liability in his own State. The Centre will transfer to the importing State the credit of IGST

used in payment of SGST. The relevant information is also submitted to the Central Agency

which will act as a clearing house mechanism, verify the claims and inform the respective

governments to transfer the funds.

The major advantages of IGST Model are:

(i) Maintenance of uninterrupted ITC chain on inter-state transactions.

(ii) No upfront payment of tax or substantial blockage of funds for the inter-state seller or

buyer.

(iii) No refund claim in exporting State, as ITC is used up while paying the tax.

(iv) Self monitoring model.

(v) Level of computerization is limited to inter-state dealers and Central and State

Governments should be able to computerize their processes expeditiously.

(vi) As all inter-state dealers will be e-registered and correspondence with them will be done

by e-mail, the compliance level will improve substantially.

(vii) Model can take Business to Business as well as Business to Consumer transactions

into account.


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X GST on Export

Zero Rating of Exports

10.1 Exports would be zero-rated. Similar benefits may be given to Special Economic Zones

(SEZs). However, such benefits will only be allowed to the processing zones of the SEZs. No

benefit to the sales from an SEZ to Domestic Tariff Area (DTA) will be allowed.

GST on Imports:

10.2 The GST will be levied on imports with necessary Constitutional Amendments. Both

CGST and SGST will be levied on import of goods and services into the country. The

incidence of tax will follow the destination principle and the tax revenue in case of SGST will

accrue to the State where the imported goods and services are consumed. Full and complete

set-off will be available on the GST paid on import on goods and services.

Special Industrial Area Scheme

10.3 After the introduction of GST, the tax exemptions, remissions etc. related to industrial

incentives should be converted, if at all needed, into cash refund schemes after collection of

tax, so that the GST scheme on the basis of a continuous chain of set-offs is not disturbed.

Regarding Special Industrial Area Schemes, it is clarified that such exemptions, remissions

etc. would continue up to legitimate expiry time both for the Centre and the States. Any new

exemption, remission etc. or continuation of earlier exemption, remission etc. would not be

allowed. In such cases, the Central and the State Governments could provide reimbursement

after collecting GST.


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XI Miscellaneous Matters

11.1 Refunds: If for a tax period the input credit of a dealer is more than the output credit

then he is eligible for refund subject to the provisions of law applicable in this respect. The

excess may be carried forward to next period or may be refunded immediately depending

upon the provision of law.

11.2 Exempted Goods and Services: Certain goods and services may be declared as

exempted goods and services and in that case the input credit cannot be claimed on the GST

paid for purchasing the raw material in this respect or GST paid on services used for

providing such goods and services.

11.3 Tax Exemptions

Various tax exemptions have been granted both by the Centre and States to achieve objectives of

promoting a particular sector or to reduce tax burden on a particular segment of society in the interest

of fairness or to promote a particular economic activity etc. Tax exemptions have the effect of

narrowing the tax base and increasing the administrative and compliance cost of GST. Therefore, it is

felt that exemptions should be minimized. Direct and transparent subsidies, instead of tax exemptions,

are more efficient way to achieve the targeted objective. It is recommended that apart from a dual rate

GST structure at the Central and the State levels, there should be a common exemption list. Further,

specific provisions to provide limited flexibility to the States within a set of prescribed criteria may

need to be incorporated, as in the prevailing VAT structure, in order to accommodate exemption of

goods of local importance. Similar limited flexibility would need to be provided to the Centre to

address exceptional situations such as natural disasters.

11.4 Advance Ruling

Advance ruling and dispute resolution authorities should be set up by the Centre and States

to ensure uniformity and fairness in decision-making.

11.5 Joint Authority and Legislation

The authority to amend the common exempted list and the common composition scheme

should rest with a joint authority of Central and State Governments to ensure that no single

State or Central Government amends either of these unilaterally.

11.6 IT Infrastructure


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The success of the GST largely depends upon IT infrastructure available for collection,

compilation and exchange of data at the shortest possible time. IT infrastructure with national

coverage and extensive reach is critical for the successful implementation of GST. For this,

an initiative at the Central Government level needs to be taken in order to put in place a

strong IT infrastructure.


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XII Roadblock to implementation of GST

12.1 Bringing about an integration of all taxes levied on goods and services in a federal polity

with sharp distribution of legislative powers is a Herculean task to say the least. The

Constitution of India, 1950 demarcates taxing powers in a two-tier structure wherein levies onproduction and international imports are with the Union and post- production levies rest with

the states. The Centre levies duties of excise on manufactures and import/countervailing

duties on international imports apart from levying a tax on services under various taxing and

the residuary entry in the Union List. The states levy VAT on goods sold or entering in the

state under various entries of the state list. Even if all Union-level levies are integrated into a

single levy and all state level levies culminate in a single State level levy; this may still have

two levies and the resultant cascading and administrative burdens may nevertheless remain

to an extent, though this may go a long way in harmonising levies. A harmonised, integrated

and full fledged GST calls for the following:

(1) Constitutional Amendments: Implementation of GST calls for effecting

widespread amendments in the Constitution and the various constitutional entries

relating to taxation. As per provisions of Article 368 of the constitution , the bill for

amendment is to be passed by majority of the members of both houses and two

third of the members present and voting. Also, the amendment is to be approved by

fifty percent of the state legislative assemblies.In the current scenario it is difficult to

visualise constitutional amendments of such far reaching implications going

through, more so in view of the fact that sharing of legislative powers is such an

essential element of our federal polity and it may be perceived to be a basic feature

of the Constitution;

(2) Integration of Services: Services have to be appropriately integrated in the tax

network;

(3) Design and structure of GST: No less significant is the issue of an appropriatedesign and structure of GST. For instance, how the issue of inter-state movement of

goods and services may be addressed. The phasing out of CST may go a long way

in addressing the issue of inter-state trade and commerce in goods but the crucial

issue regarding services originating in one state and being consumed in other state

still remains;

(4) Resources Sharing: Another contentious issue that is bound to crop up in this

regard is the manner of sharing of resources between the Centre and the states and

among the states inter se as also the basis of their devolution;


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(5) Flow of Goods and Services:Apart from all these, there has to be a robust and

integrated MIS dedicated to the task of tracking flow of goods and services across

the country and rendering accurate accounting of levies associated with such flow

of goods and services; and

(6) Determination of Revenue Neutral Rate (RNR): At present States are charging

VAT rates 0%, 4%, 12.5% and 20% besides other levies and thus the average rate

of tax comes to 17%. Similarly, Centre is charging Central Excise duty @ 14%, CST

2%, Service Tax 10%. The combined effect of all the taxes taken together comes to

an average rate of tax @ 27.5%. The proposed GST rate is mooted @ 20% both for

the Central GST @ 12% and the State GST @ 8%. Assuming that the States may

agree on the implementation of GST based on compensation being given to them

like what was decided at the time of introduction of VAT i.e. 1st April, 2005, the

Centre may suffer loss while satisfying the needs of about 30 states.


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XIII Some questions to be answered

The following issues are yet to be answered even after the release of the Discussion paper

1. Does Exemption of 1.5 Crores in CGST for goods equally apply to dealers?As GST will cover in its scope the levy of excise and VAT therefore the exemption limit of 1.5

Crores specified in the discussion paper will extend its hands to dealers also or the same will

be limited to the manufacturers. If the second view is opted then the definition of Manufacture

will be rolled back in the GST tax regime.

2. What is the Service tax threshold exemption limit under CGST?

The Empowered Committee has not specified the threshold exemption limit applicable to

services under CGST. However they have clarified that the same will be in conformity with

the existing threshold exemption of Rs. 10 Lakhs.3. IGST (Inter-state transaction of GST) levy will be equal to CGST plus SGST, thus the

same will be single rates. Are separate records are to be maintained in this respect also?

It has been clarified that the IGST credit will be allowed to be set off against IGST, CGST or

SGST payable by the taxpayer. In the current scenario CST is levied on interstate sale of

goods, but the dealers aren't allowed to avail the credit of the same and they are

emphasizing on the scenario to buy the goods from within the state so as to avail the credit of

VAT. However in this new tax regime the IGST will be levied at the rate which will be equal to

CGST plus SGST, this leads to a new issue that IGST will be levied at a single compound

rate or two different rates i.e. CGST and SGST will be levied differently or not.

If the rear view is adopted then the question arises that the credit of the IGST will be allowed

to be set off against both CGST and SGST separately or cross adjustments will be allowed. If

the cross adjustment is allowed then the taxpayers availing exemption of 1.5 Crores under

CGST will be willing to purchase goods and sale them outside the state as in that situation

they will be getting the full credit of IGST thus benefiting them utmost. This scenario

changes the complete situation as it exists presently. This difficulty is yet to be sorted and

clarified by the Government.

4 The dual GST model would be implemented through multiple statutes one for CGST and

SGST statute for every State.

Different statues will govern the SGST levy. This will lead to non uniformity in the tax

structure at state levels. Further, there may be complexities for smooth implementation of

GST across the nation.

5 Transitional Issues

The transition would cause ambiguity with respect to issues like treatment of"stock in hand", available CENVAT (Central Value Added Tax), credit / VAT (ValueAdded Tax) credit. However, these should be provided for much before the


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implementation of GST.

6 Exemptions

There should be a common exemption list for CGST (Central Goods and Services Tax) and SGST

(State Goods and Services Tax) so that there is no discrepancy in the collection of taxes. Another

important issue are area-based exemptions.

A scheme for the treatment of such exemptions should be well devised so that there is no adverse

affect on the industry. Though Customs will remain outside the GST regime, a large number of bonds

executed by importers and exporters with Government will have to be suitably amended for changed

liability in view of new GST.

7 Job Work

Issues such as what documents and records need to be prepared by the job worker and the principal

and time limits for claiming CENVAT credit are to be decided. Since, the focus would be on 'supply'

after the implementation of GST, the status of job workers needs to be determined.

8 Assessable Value

The calculation of assessable value under GST is ambiguous since it still unknown what the

components of the assessable value are. Are discounts and other charges such as loading/unloading,

freight, cartage and packing includible in the assessable value or would they be chargeable

separately?

9 Place of Supply

In the GST regime, the taxable event would be 'supply' and it is very essential to understand as to

where the 'supply' actually takes place. "Place of Supply" rules refers to the rules that allocate the rightto tax between the states. The main concern here is which state will collect the SGST.

10Branch / Stock Transfer

An efficient provision for branch transfer / stock transfer should be put in place under the GST regime.

The system should enable the businesses to make branch transfers without payment of tax and the

procedure should be simple to ensure maximum compliance and minimise disputes.

10 Return / Rejection / Replacement of Goods

There has been no clarification on the treatment of goods which are returned, rejected or replaced. A

major question here is whether the treatment would be similar to the present system of reversing thecredit or whether new provision would be introduced.

9. Common Procedures

The industry expects that there would be similar formats for registration, returns and other records for

both CGST and SGST. Functions such as assessment, enforcement, scrutiny and audit should be

undertaken by the authority which is collecting the tax with information sharing between the Centre

and the States.

ConclusionGST, if implemented efficiently, could prove to be a "Good Sensible Tax". But the Government should


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come up with the draft rules as soon as possible so that there is enough time for industry to analyse

the draft and make representations to the concerned authorities with their suggestions.


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XIV SUGGESTIONS FOR EFFECTIVE IMPLEMENTATION

14.1 Some suggestions for better administrative machinery to handle the implementation of

Goods and Services Tax Act in India are:

Standardization of systems and procedures.

Tax relief in case of branch transfer

Well defined procedures in case of Job works

Uniform dispute settlement machinery.

Adequate training for both tax payers and tax enforcers.

Re-organization of administrative machinery for GST implementation.

Building information technology backbone the single most important initiative forGST implementation.

Uniform Implementation of GST should be ensured across all states (unlike the

staggered implementation of VAT) as many issues might arise in case of transactions

between states who comply with GST and states who are not complying with GST.


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XV GST Implications for organisations

15.1 GST shall be the mother of all Indian tax reforms of this centaury and it would subsume

most (if not all) of the existing Central and State level taxes on supply of goods and services.

Accordingly, GST would have a significant impact on business environment and its

operations. When undertaking oversight of organizational readiness to adopt GST,

independent directors need to focus on the following aspects:

1 GST will have a multi-fold impact on operations Besides the fiscal impact and tax

compliance, GST will have an impact on cash flows, product pricing, supply chain

arrangements, procurement, revenue recognition and the IT systems. It is therefore important

to assess whether the organization is undertaking a holistic impact assessment of GST

encompassing all of the above.

2 Assess the impact on financial results GST will have an impact on the financial

statements; for example the top-line may get reduced in some cases (e.g. traded items) due

to elimination of tax cascading. The gross margins will also undergo changes as Cost of

Goods Sold may undergo changes as a result on input tax credits. For listed companies,

these changes will need to be factored in quarterly forecasts and earning releases to the

stock markets.

3 Monitor the impact on cash flows Most of the planning in GST will revolve around

optimizing cash flows. The impact will be as a result of GST on imports, stock transfers and

changes in point of taxation/ tax credits.4 Organisations may need to re-design certain aspects of their Supply Chain The

concept of mere supply of goods and services trigger tax liability under GST as opposed to

sale under the present VAT, will impact Sourcing, Production and Distribution aspects of the

Supply Chain. For instance, sourcing considerations would involve revisiting sourcing mix

(local, inter-state and imports), stock transfer policy and renegotiation of vendor price due to

the GST impact. From a production perspective, GST impact would vary depending upon the

manufacturing and distribution arrangements e.g. own/ job-work/ contract manufacturing. The

Place of Supply rules will determine state where GST is to be deposited.

5 Understand the linkages, differences for companies implementing IFRS For

companies implementing IFRS, the requirements under IFRS vary with those under GST.

Organizations will need to consider necessary re-alignments within their IT systems to

effectively manage these differences. For instance, there could be possible differences

between GST levy date and date of revenue recognition, accounting for multiple element

arrangements (e.g. the invoice value includes a supply and maintenance element),

accounting for barter transactions, reconciliation of GST on stock transfers with accounting

records etc.


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6 Understand the implications on product pricing, marketing and HR The impact of

GST needs to be considered in the margins of various stakeholders in the distribution chain

to ensure that GST does not negatively impact product pricing and consequently market

share. This calls for a reassessment of exchange, discount and incentive schemes. From a

HR perspective, there may be a need to reconsider the indirect tax management structure,

training requirements of key indirect tax personnel depending upon the impact assessment.

7 Assess if the IT systems are geared to address GST requirements effectively with

minimal manual workarounds The Audit Committee should at the outset require

management to undertake necessary enhancements to IT systems so that the necessary

systemic alignments are in place to manage GST MIS requirements. Changes in the system

are likely to be required primarily on account of change in taxes/ tax rates, availability of

credits for input taxes on purchases including inter-state purchases and Import GST,

availability of cross credits for goods and services and GST on stock transfer.

15.2 To summarise, organizations need to undertake the following to enable a smoothtransition to GST:

Have an internal core team which will closely monitor the GST developments.

Identify existing bottlenecks and those likely to arise from proposed GST framework.

Representation to the implementing agencies through appropriate industry

associations to

highlight issues and propose solutions in the proposed GST framework.

Ensure flexibility in new systems/ processes/ contracts, to accommodate changes

warranted by GST

Identify need for restructuring business/ transactions/supply chain in the light of the

GST framework

Modify internal IT, invoicing and other systems/ processes/ policies to make them

GST compliant

Create awareness within organization about changes, modifications in roles/responsibilities of team

Documents

Project Report Gst