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A Presentation by CA Gaurav Mishra

GOODS & SERVICES TAX (GST) IN INDIA

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CONTENTS

S. No Topics Page No.

I Introduction /Concepts of GST 3-4II Existing & Proposed Tax Structure in India 5-6III Model/Components of GST 7IV Applicability & Rate in GST Regime 8-9V GST Set off Chain & its methodology 10VI Functioning of GST 11VII Others Areas of GST 12-13VIII Benefits under GST 14IX Key Amendments in Bill 15X Sector Wise Impacts 16-18XI GST Rollout Stages 19XII Flaws of the GST Model 20

XIII Conclusion 21-22

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It is a tax on Goods & Services with comprehensive & continuous Chain of Set off benefit from producers to retailer point.

In other words, GST is an Indirect tax which is levy on manufacture, sale & consumption of all goods & services.

It substitute mostly all the indirect taxes like excise, VAT, Service Tax, Entertainment Tax, Luxury Tax, CVD as well as SAD.

It is based on the VAT principles . It is supposed to be implemented w.e.f 1St April 2017. It is expected to be levied only at a destination level/Real

Consumption Place not at a various points. Taxation power lies with both in the hands of CG as well as SG

also. There will be no distinction between goods & services. After Introduction of GST, all the traders including

manufacturer will be paying both the type of taxes (CGST & SGST).

Introduction/Concept of GST

GST leads to immense scope, Opportunities as well as some challenges also.

Centre is empowered to levy GST on Goods & Services upon the Production stage, while State have the power to tax on sale of goods.

India is proposing to implement dual GST. GST law would emphasize on voluntary compliance . It is a comprehensive levy and envisages tax collection on

both goods and services at the same rate. It subsumes a large no. of central & state taxes into a single

tax. It is also expected that GST will mitigate the cascading effect

of taxes. In the mean time, it also helps in terms of uniformity like in

case of chargeability, definition of taxable services or person, measure of levy, basis of classification etc.

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Existing Tax structure in India

Existing

Tax Structure

Direct Tax

Income

TaxWealth

Tax

Indirect Tax

Central Tax

Excise Service Tax Custom

State Tax

VAT

Entry Tax,

luxury tax,

Lottery Tax, etc.

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Proposed Tax structure in India

Proposed Tax

Structure

Direct Tax

Income Tax Wealth Tax

Indirect Tax = GST (Except

customs)

Intra- state

CGST (Central) SGST (State)

Inter State

IGST (Central)

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Model/Components of GST

CGST (Central GST) • Replace central

Excise Duty & service Tax.

• Cover Sale transaction

• Administered by CG

• Further it is expected that the duty and tax paid on closing stock would be available as credit.

• Levied on all intra-state sale/supplies of goods or services.

SGST (State GST)

• Replace State Vat, Entry Tax, Entertainment Tax, & Luxury Tax.

• Cover taxing of Services

• Administered by SG

• Rate can be a bit higher than CGST rate .

• It is expected that the duty and tax paid on closing stock would be available as credit.

• Levied on all intra-state sale/supplies of goods or services.

IGST (Inter-State

GST)• Levied on all inter

–state supplies of goods or services which are sold or transferred.

• Applicable to imports of goods or services.

• Expected to be equal to CGST as well as SGST.

• It is expected that the duty and tax paid on closing stock would be available as credit.

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Applicability & Rate under GST Regime

GST on Exports would be zero rated, but on the other hand in “import” IGST will be levied.

GST does not apply on Alcohol & petroleum products. But in the mean time tobacco products should be in the

frame of GST. In fact, Gov. Can levy extra % of tax apart from GST . Basic threshold limit for Goods & Services shall be RS. 10

Lakh & for North east Region (NER) Rs.5.00 Lakh. Full exemption is applicable on basic necessities goods like

Flour, rice, pulses, textiles, buildings, education & healthcare etc.

Gross Turnover of Goods up to Rs. 1.50 cr may be assigned exclusively to the states.

Gross Turnover of Services up to Rs. 1.50 cr may be assigned exclusively to the center.

Assesse can have an option to pay tax as per composition scheme or may join the GST law whose turnover is up to Rs. 1.50 cr .

But, those assesse whose turnover is and above Rs. 1.50 Cr will need to be within the framework of GST .

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As far as GST rate is concerned, it is not yet prescribed yet. CBEC has suggested the following rates for goods as well as

services. GST rate on Gold Bullion/Jewelry might be 1% The opposition has sought an 18% rate in GST. The combined GST rate is being discussed by Government. The Finance minister has indicated that GST rate may be in the

region of 18-20%. Internationally , GST was first introduced in France & now more

than 150 countries have already introduced GST. Most of the countries , depending on their socio-economic

formation, have introduced National level GST or Dual GST. Today the rate of GST in some other countries like

Australia( 10%), Canada (5%), Germany (19%), Japan (5%), Singapore (7%), Sweden (25%), New Zealand (15%), France (19.60%), Pakistan (17%) & so on….

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SGST Input

SGST Output

IGST Output

IGST Input IG

ST Outpu

tCGST Outpu

t

SGST Outpu

t

CGST Input

CGST Outpu

t

IGST Outpu

t

GST Set off chain & its methodology

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The Illustration shown below indicates, in term of a hypothetical example with a manufacturer, wholesaler, along with retailor .

Manufacturer : Let us suppose manufacturer Manufactured 1800 Kg of Finished Goods & sold 600 Kg of FG within the state, 300 Kg of FG outside the state & rest is stock transfer outside the state @ Rs. 10.00 Per K/g to wholesaler.

CGST & SGST rate is 5 % & 7% respectively. IGST rate is 12%. Also assume ITC ofSGST & CGST of Rs. 500.00 & Rs.950.00.

Wholesaler: Now suppose wholesaler sell the whole FG @ Rs. 13 Per K/g to retailer accordingly as above mentioned

Retailer : Now finally retailer retail the above mentioned FG @ Rs.15 Per K/g and avail ITC as per GST rules & regulations to the customers.

Functioning of GST

Microsoft Excel Worksheet

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Others Areas of GST

As far as registration decision is concerned, a supplier of Goods & services would be made when GST is payable.

Then the supplier would have to necessarily register & he would have no other option.

The Place of supply would determine first as to whether the transaction is in India or Outside India. If it is outside India it would not be liable to GST.

The POT in GST is the Point of supply of Goods. In case of service , then it is somehow based on the POT rules of Service tax.

Under the GST structure , the tax would be collected by the states where the goods or services are consumed .

Hence there should be heavy losses for the producer states & so the center would be required to compensate them for their revenue losses.

Petroleum products, Alcohols/Liquor , Stamp/Custom duty, Consm. & Sale of Electricity etc. are not covered under the GST purview.

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If a company is having four branches in four different states, then all the four branches will be considered as Taxable Person.

Importer have to register under both CGST & SGST as well. Apart from Export rate, similar benefit may be given to Special

Economy Zone. GST paid by exporter on the procurement of Goods & services

will be refunded later on if paid. 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.

The taxpayer would need to submit periodical returns to both the central & state GST authorities.

Common standardized return for all taxes (with different account heads for CGST, SGST, IGST) can come into picture.

Common standardized Challan for all taxes (with different account heads for CGST, SGST,IGST) can come into picture.

ITC credit can also be verified on the basis of the returns filed and revenues reconciled against Challan data from banks.

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Benefit under GST Reduces Transaction cost. Eliminates the cascading effect of taxes. Single taxation point. Reduces corruption. Uniform tax rate . Cheaper exports. Reduction in purchase price. Transparency. Increased collection of CGST & IGST. Increased FDI(Already Seen) Growth in overall Revenues. Simplified tax laws. Increase in exports & employments. GDP Growth Go Up by about 1%. International competitiveness Go Up by about 5%. Common market. Prevention of unhealthy competition among states. Increasing the tax base & raising compliance.

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Key Amendments in GST Bill

Dropping 1% Additional on Inter-State Supply of Goods. Full Compensation to States upto 5 Years. Apportionment of IGST i.e. ( States also shares IGST amt

along with centre) IGST term to be replaced with GST on supplies in the

course of inter-state trade or commerce. Inclusion of CGST & IGST in tax devolution to states.

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Sector wise impact of GST

After implementation of GST, it seems that there is going to be a positive impact on various Industry.Some Glimpse of GST Impact of various Industry :

Automobiles Industry

Rate of Tax is expected b/w 20-22% as compared to 30-47% in current scenario.

Drive overall demand & reduce cost for end user by about 10%. Transportation time & overall cost will be reduced. Cost of Logistics will be curtailed by almost 30-40%.

Key beneficiaries : Maruti Suzuki, Hero MotoCorp, Bajaj Auto, Eicher Motors, Ashok Leyland

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Consumer Durables Reduction of the Price gap between organized & unorganized sector. Warehouse/logistics costs will be curtailed. Improve the operational profitability by almost 300-400 bps.

Key beneficiaries: Havells, Voltas, Blue Star, Bajaj Electricals, Hitachi

Logistics Boost demand for high tonnage trucks. Overall reduction in transportation costs. Improving growth opportunities for the organized players. Facilitate seamless inter-state flow of Goods.

Key beneficiaries : VRL Logistics, GATI Ltd, Blue Dart, Snowman Logistics

Cement Tax rate expected to decline to 18-20% as compared to 27-32%. Able to save their logistics costs/transportation costs. Key beneficiaries : ACC, Ultratech, JK Cement, Shree Cement

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Banking & Financial services

Under GST , effective tax rate is expected to increase to 18-20% as 14% earlier.

Moderate increase in the cost of financial services like loan processing fees, debit/credit charges, insurance premium etc.

IT Tax Rate is expected to increase to 18-20%. Litigation around taxability of canned software will probably end

under GST Regime. Textile /Garments

May be negatively impacted in case the output tax rate is high. No clarity whether a lower rate will continue in the proposed Tax

regime. No clarity about the duty drawback benefits.

Key Players : Arvind, Raymond, Page Industries Media

Tax rate of around 18-20% as compared to 20-21%. Post GST, we expect concessional rate in news & Print sector.

Key beneficiary : Dish TV

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GST ROLLOUT

Here , we are now discuss about the 9 stages for GST Rollout which depicts entire process from the Initial Approval from Parliament up to the last stage of Implementation. Can April 01, 2017 deadline be met ?

GST_Rollout_Stages

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Flaws of the GST Model

Major flaws of this model is that the local dealers have to pay CGST in addition to SGST.

Because of no differentiation between “goods & services” , services supply within the state would attract SGST at each stage in the supply chain ,but in the mean time Assesse have to pay CGST also.

The issue which still needs to be resolved are the revenue sharing between States & center & a framework for exemption , threshold limit as well as composition scheme.

Introduction of GST model could affect negatively (than positively) to few Industries/sectors.

Under the GST Model , the state should face heavy losses in terms of tax collection but they also get compensated on the other hand by the states.

Infact some states are of the view that there should not be any time –frame for compensation scheme.

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Conclusion GST being a dynamic & comprehensive legislation which shall

replace most of the Indirect Taxes of our Country. Since it is a major indirect tax reform in India, there would be new

legislation and procedures. Most concerns expressed about the implementation of GST can be

divided into 3 categories :

i) Design Issues ii) Operational Issues iii) Infrastructure Issues For GST to be effective there should be identical GST laws

/procedures across states as well as the centre. Few state Govt. have recently indicated their opposition to the

implementation of GST at the present juncture. In the mean time ,those state who are not opposing against the

implementation of GST may want assurances that their existing revenues will be protected.

So, it is now universally acknowledged and recognized that the GST , in whatever form should be introduced at the earliest as a fundamental fiscal reform measure.

Now, on June 14,2016, the CG has put the Draft Model GST law on Public domain.

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The long delayed GST Bill has finally got the nod of the Rajya Sabha as well as in Lok Shabha in the 2nd week of August ,2016.

The Rajya Sabha has unanimously passed the ambitious GST Bill with over 2/3 majority.

All the Political Party had already given their consent provided their demand had been considered except AIADMK party.

The Draft GST model Law shall be referred as the Central/State GST Act, 2016.

The availability of Draft Model GST Law enables the Trade & Industry to plan the transition from the existing Indirect tax regime to the GST regime.

The Government has already missed its pre decided deadline of 1st April 2016, let’s hope that GST law will be effective from 1st April 2017.

Further , the Chartered Accountants & the Allied Professionals are going to play the leading role in helping the business houses as well as corporate also.

GST will be the best example of cooperative federalism. Together we will take India to new heights of progress. In Nutshell , it is a biggest tax reform till date in our country.

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THANK YOU