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GOODS AND SERVICE TAX
Existing Tax Structure
Tax Structure in IndiaDirect Taxes
Indirect Taxes
Income Tax Gift TaxesState Tax
Central TaxCustom Tax
Excise Duty
Service Tax
CST
Surcharge & Cess
VAT
Entertainment Tax
Luxury Tax
Entry Tax
Surcharge & Cess Taxes on Lottery
Security Transaction Tax
Property Tax
Stamp Duty
Electricity Duty
Environment Tax
Export Duty
Taxes on Betting & Gambling
Proposed Tax Structure under GST
State TaxCentral Tax
Excise Duty
Service Tax
CST
Surcharge & Cess
VAT
Entertainment Tax
Luxury Tax
Entry Tax
Surcharge & Cess
Taxes on Lottery
Security Transaction Tax
Taxes to be subsumed under GST
Taxes not subsumed under GST
Basic Custom Duty
Export Duty
Property Tax
Stamp Duty
Electricity Duty
Environment Tax
Now What is GST?
One Tax For
Manufacturing
Trading
Services
Few Terms…
SGST ?CGST?IGST ?
Integrated GST
GST to be levied on Inter State Supplies
Tax Invoice Cost of Goods =
100IGST @20% =
20 Total =
120
Tax Invoice Cost of Goods =
100IGST @20% =
20 Total =
120
How GST Levied?
Tax Invoice (A)Cost of Goods =
100SGST (G) @10%
= 10CGST @10%
= 10 Total =
120
Tax Invoice (A)Cost of Goods =
100SGST (G) @10%
= 10CGST @10%
= 10 Total =
120
Location of
Supplier in
different state
Place of
Supply in
different
state
IGST
Location of
Supplier in
same state
Place of
Supply in
same state
SGST
LIMITATIONS OF CURRENT STRUCTURE
Credit of Excise not allowed
Credit of CST Not Available
MAHARASHTRA MADHYA PRADESH
1. Cascading Effect of Tax
2. Registration Under Different Act
No Entry Tax
Entry Tax
Value Added Taxe.g. on Sugar
@ 4%@ NIL %
4. Lack of Uniformity
5. Goods Vs. Services dilemma & Manufacturing Vs. Service dilemma:
Sale
Manufacturing
License Software in CD
Services
Sale of Food In Restaurant
Duties & Taxes
Cost of Goods
Burden of Tax make Local goods Costlier in International Market
6. Limited Export
Different Reg. no.
Different Tax Rate
Different Details
Different Valuation
Different Forms
Different Format
Manual/ Online
7. Complicated Invoice
Different Rules are require to be followed under Different Acts
Other Benefit of GST
Logistic BenefitPurchasing Option
TransparencyAbolishment of Purchase & Entry Tax
How GST will work?
Are you covered under GST?Threshold LimitExisting Taxes
ExciseRs. 150.00 Lakh
Service TaxRs. 10.00 Lakh
VATRs. 10 Lakh/ Voluntary
Proposed TaxGST
Rs.20.00 Lakh in otherNo Limit for - Interstate Supplies
- Reverse Charge- TDS (Like WCT)
- Agent
Registration
Compulsory Registration for Each State where business
situated
Option to take multiple registration for each business within same state
TRANSITIONAL PROVISION
Pre-GST
Registration under existing law i.e. VAT, S.Tax, Excise, etc
Not registered under existing law But liable to get Registration under GST
LAW:Issue of Registration Certificate on Provisional Basis
which will be valid for 6 MonthsApply for Registration within 30 days of becoming liable to Registration as per
Section 19.Liable to Reg under GST Not Liable to Reg under GST
Liable to furnish Info within prescribed time
Info furnished Info not furnished
Final Registration Granted
Registration will be cancelled
Follow the procedure as let down under Section 19 Apply for cancellation of
Registration
ELIGIBILITY FOR COMPOSITION SCHEME
Taxable Supplies
Exempted Supplies
ExportNon-Taxable Supplies
All supplies should be below Rs. 50.00 Lakh
Inter State Supplies not allowed
ELIGIBILITY FOR COMPOSITION SCHEME
Transaction all over the India should be consider for
eligibility i.e. PAN based turnover
Input Tax Credit Not allowed.
Taxes to be paid in Cash
Other Point related to scheme
E.g.: If Mr. X has to opt for composition scheme from 1st April, 2018, he has to fill the application on or before 31st March, 2018.If during the year, Mr. X’s turnover exceeds 50 lakhs at any point of time, his opted composition scheme will lapse and he will be shifted to the Normal scheme automatically.
Opt for scheme from 1st of financial year only
Application should be filed before 31st march of previous year
Can shift from composition scheme to normal scheme at any time during year
Automatically shift to normal scheme if turnover exceed Rs.50.00
Shift over from Normal scheme under Existing Law to Composition Scheme under GST
Normal Scheme in existing Law
Want to Opt Composition Scheme under GST
There is unutilized credit under existing law
Pay an amount equal to Credit of stock held utilized
for pay tax
Un-utilized Credit will Laps i.e. reverse it
Invoice Under GSTTax Invoice
Name of SupplierAddress of Supplier
GST Registration No. of Supplier
Customer Name : Date : DD/MM/YYYYCustomer Address : Invoice No:Customer GST No. :
Sr. Description of Goods/Service *HSN Code of Goods
Qty Rate Total Abetment Taxable Supplies
1 XYZ 10 100 1000 1000
Total 1000 1000
Add: CGST @10% 100
Add: SGST @10% 100
Total 1200 1200
Authorized Signature*HSN -Harmonized System of Nomenclature (HSN)
Input Tax Credit
Do You know Input Tax Credit?State Tax= 14( 10 + 2 + 2)
SGST = 10
SGST = 12ITC = ( 10)Pay = 2
SGST=14ITC = ( 12)Pay = 2
CGST =10
CGST = 12ITC = (10) 2
Tax Invoice (A)Value = 100CGST = 10SGST = 10Total = 120
Tax Invoice (B)Cost = 100Value = 120CGST = 12SGST = 12Total = 144
Tax Invoice (C)Cost = 120Value = 140CGST = 14SGST = 14 Total = 168
Central Tax= 14( 10 + 2 + 2)
CGST= 14ITC = (12) 2
Input Manufacturer
Output Manufacturer Dealer Consumer
CGST Rate : 10%
SGST Rate : 10%
Credit on purchase of Input i.e. Raw Material, finished goods, Input service
what about credit on existing stock?
Eligible persons Credit entitled As onPerson applied for registration within 30 days of liable to register
Inputs held in stock & inputs contained in Semi finished or finished goods held
in stock
The day immediately preceding the date from which he becomes liable to pay tax
Person who is not required to register, but obtains Voluntary registration
The day immediately preceding the date of registration
Person ceases to pay composition tax
The day immediatelypreceding the date from which he becomesliable to pay tax under regular scheme
Person applied for registration After 30 days of liable to register Not entitle to take Input Tax Credit
Credit Under Existing Law Carried Forward
Input Tax
Credit
CENVAT credit
VAT credit
It includes Central excise Service Tax Education cess NCCD krishikalyan cess (only to
service provider) Additional duty u/s 3(1) of Custom Tariff Act
It includesITC under VAT law of state CVD 3(5) under CTA
CGST
SGST
Transitional Provision of Credit Of Input Held In Stock
I) If assessee is not liable to Register under existing law i.e. VAT & Service Tax because of following reasons: Turnover not exceeding Rs.1 crore. Deals in exempted goods . Paying tax in composition scheme.II) And he is liable to register under GST: So assessee is eligible to take credit of input held in stock on applicable date of GST in following
manner.
CENVAT credit VAT credit
It includesITC under VAT law of state CVD 3(5) under CTA
Can be availed against payment of CGST i.e.as a CGST Credit
Can be availed against payment of SGST i.e.as a SGST Credit
It includes Central excise Service Tax Education cess NCCD krishikalyan cess (only to service
provider) Additional duty u/s 3(1) of CTA
i. This Stock is used for making taxable goods
ii. Entity is not opted for composition scheme i.e. SEC 8
iii. Eligible to take credit under earlier law but not taken due to limit or due to exempted goods or Composition scheme.
iv. Person is eligible to take credit under GST law.
v. Having invoice/document of this stock as on applicable date of GST.
vi. Above invoices/documents issued not earlier than 12 months of applicable date
vii. Amount should be calculated as per GAAP .
CONDITIONS FOR TAKING CREDIT OF INPUT HELD IN STOCK U/S 145
Transitional Provision for CAPITAL GOODS U/S 144
In case of capital goods, credit under excise is allowed in two equal installments :- 50% in the year of purchase and 50% in the subsequent year or thereafter.
Credit booked in year of purchase & c/f in return
Credit not booked in year of purchase i.e. not c/f as per return.
Carried forward in GST as CGST/SGST as the
case may be
Carried forward as per sec.144 in following manner
Cenvat Credit VAT Credit
GST
It includes Central excise NCCD Special Duty/ Countervailing Duty Additional duty u/s 3(1) of CTA
It includesITC under VAT law of state CVD 3(5) under CTA
CGST SGST
RETURN1
• Upload the detail of outward supplies-including taxable supplies, exempt, export, deemed supplies, etc BY 10TH OF NEXT MONTH under GSTR-1
2• Auto-draft of provisional GSTR-2 based on the detail
uploaded under GSTR-1 by supplier. By 15th of next month
3 • Accept/reject/modify such auto-drafted provisional GSTR-2
4 • Add additional purchase detail in GSTR-2 which has not been uploaded by the supplier
5 • Reconcile the GSTR-1 & GSTR-2 & finalize using online/offline facility
6 • GSTR-3 automatically generated on finalization as in Step:5
7 • Pay the amount as shown in payable under GSTR-3 & file the return by the 20th of next month.
• Identify whether you cover under GST
• Revision of existing contract and existing contracts should be drafted by considering the GST Provisions.
• Decide whether to opt for Normal Scheme or Composition Scheme under GST.
• Update your Accounts & Accounting Software before 31st of March to take credit carried forward in return
• Training to team/employee
• If you are trader plan to obtained excisable invoice so that you can take credit of that as CGST
• Update your Accounting software
ACTION TO BE TAKEN
CA Nikhil MalaiyaACA, B.com
Cell: 9545727818