Everything you should know about GST (Goods & Services Tax)
We all have heard about Goods & Services Tax. It is one of the many legislatures that are pending
in the list of changes that we might see in times to come. But GST is something totally different from
all these. This tax is a consolidation of many indirect taxes already levied in India, thereby drastically
overhauling the system of indirect taxes in India.
The need for GST
We begin by elaborating on the important concept of – cascading effect of taxes. It is also,
logically, referred to as “taxes on taxes”. It is simple to illustrate – say A sells goods to B
after charging sales tax, and then B re-sells those goods to C after charging sales tax.
While B was computing his sales tax liability, he also included the sales tax paid on
previous purchase, which is how it becomes a tax on tax.
logically, referred to as “taxes on taxes”. It is simple to illustrate – say A sells goods to B
after charging sales tax, and then B re-sells those goods to C after charging sales tax.
While B was computing his sales tax liability, he also included the sales tax paid on
previous purchase, which is how it becomes a tax on tax.
This was the case with the sales tax few years ago. At that time, a VAT system was introduced
whereby every next stage dealer used to get credit of the tax paid at earlier stage against his tax
liability. This reduced an overall liability of many traders and also helped to reduce inflationary
impact this had on the prices.
Similar concept came in the duty on manufacture – The Central Excise Duty – much before it came
for sales tax. The CENVAT credit scheme (earlier known as MODVAT) was also a welcome move
by trade and industry where credit of excise duty paid at the input stages was allowed to be set-off
against the liability of excise on removal of goods. With effect from 2004, this system was extended to
Service Tax also. Moreover, cross utilisation of credit between excise duty and service tax was also
permitted.
To a huge extent, the problem of cascading effect of taxes is resolved by these measures.
However, there are still problems with the system that have not been solved till date. We shall talk
about these problems now. The credit of Input VAT is available against Output VAT. In the same
manner, the credit of input excise/service tax is available for set-off against output liability of
excise/service tax. However, the credit of VAT is not available against excise and vice versa. We
all know that VAT is computed on a value which includes excise duty. In the same manner,
CENVAT credit is allowed only for the Excise duty paid on inputs, and not on the VAT paid
on the input raw material. This shows that there is a tax on tax!
Excise duty and service tax are levied by the Central Government, while the VAT is levied by the
State Government, which is one of the reasons why such a cross-utilisation of credits was not
allowed. However, this does not constitute a valid reason that justifies the cascading effect of taxes.
For the people, it makes no difference if a tax is levied by the Centre or the State – a tax is a tax,
and there is a tax on tax. The GST is introduced to combat this problem, among many others.
The Present System of Indirect Taxes
Let us first understand the various indirect taxes that are presently being levied by the Central &
State Governments.
Ref.
|
Tax
|
Levy by
|
Nature (Levied on) -
|
Can be Set-off against
|
Covered by GST
|
1
|
Central Excise
|
Centre
|
Manufacture
|
1,2
|
Yes
|
2
|
Service Tax
|
Centre
|
Providing services
|
1,2
|
Yes
|
3
|
Customs
|
Centre
|
Import
|
-
|
No
|
4
|
CVD* under Customs
|
Centre
|
Additional Import duty (compensating Excise)
|
1,2
|
Yes
|
5
|
SAD* under Customs
|
Centre
|
Additional Import duty (compensating Sales Tax)
|
1,2
|
Yes
|
6
|
CST
|
Centre
|
Inter-State sales
|
-
|
Yes
|
7
|
VAT
|
State
|
Sales within a state
|
7
|
Yes
|
(* CVD – Countervailing Duty; SAD – Special Additional Duty)
The GST shall subsume all the above taxes, except the Basic Customs Duty that will continue to be
charged even after the introduction of GST. Other indirect taxes, such as stamp duties etc shall also
continue. India shall adopt a Dual GST model, meaning that the GST would be administered
both by the Central and the State Governments. This makes it the first tax of its kind in India!
The Dual GST Model
We begin by stating the dual GST model and the taxes levied on each kind of transaction. See these
abbreviations before we understand them-
SGST – State GST, collected by the State Govt.
CGST – Central GST, collected by the Central Govt.
IGST – Integrated GST, collected by the Central Govt.
(The names may change in the actual law; our purpose is only to understand their nature)
Now look at the chart that follows:
Transaction
|
NEW
system
|
OLD
System
|
Comments
|
Sale within the state
|
SGST
CGST
|
VAT &
Excise / ST*
|
Under the new system, a transaction of
sale within the state shall have two taxes, SGST – which goes to the State; and
CGST which goes to the Centre
|
Sale outside the state
|
IGST
|
CST &
Excise / ST*
|
Under the new system, a transaction of
sale from one state to another shall have only one type of tax, the IGST – which
goes to the Centre
|
* It is worth mentioning here that the levy of Excise or Service Tax was not dependent on the levy of
VAT/CST, as they were governed by different laws.
These are the taxes that shall be levied under the new system of GST. How this shall operate, and
how can we have cross utilisation of credits can be seen in the discussion that follows –
How GST operates?
Case 1: Sale in one state, resale in the same state
In the example illustrated below, goods are moving from Mumbai to Pune. Since it is a sale within a
state, CGST and SGST will be levied. The collection goes to the Central Government and the State
Government as pointed out in the diagram. Then the goods are resold from Pune to Nagpur. This is
again a sale within a state, so CGST and SGST will be levied. Sale price is increased so tax liability
will also increase. In the case of resale, the credit of input CGST and input IGST (Rs. 8) is claimed
as shown; and the remaining taxes go to the respective governments.
Case 2: Sale in one state, resale in another state
In this case, goods are moving from Indore to Bhopal. Since it is a sale within a state, CGST
and SGST will be levied. The collection goes to the Central Government and the State Government
as pointed out in the diagram. Later the goods are resold from Bhopal to Lucknow (outside the state).
Therefore, IGST will be levied. Whole IGST goes to the central goverment.
Against IGST, both the input taxes are taken as credit. But we see that SGST never went to the
central government, still the credit is claimed. This is the crux of GST. Since this amounts to a loss
to the Central Government, the state government compensates the central government by
transferring the credit to the central government.
Case 3: Sale outside the state, resale in that state
In this case, goods are moving from Delhi to Jaipur. Since it is an interstate sale, IGST will be levied.
The collection goes to the Central Government. Later the goods are resold from Jaipur to Jodhpur
(within the state). Therefore, CGST and IGST will be levied.
Against CGST and SGST, 50% of the IGST, that is Rs. 8 is taken as a credit. But we see that IGST
never went to the state government, still the credit is claimed against SGST. Since this amounts to a
loss to the Central Government, the state government compensates the central government by
transferring the credit to the central government.
Advantages of GST
Apart from full allowance of credit, there are several other advantages of introducing a GST in India:
as a part of their cost of production, which is a very big reason to say that we can see a reduction in
prices. However, if the government seeks to introduce GST with a higher rate, this might be lost.
introduction of VAT, the public revenues actually went up instead of falling because many people resorted
to paying taxes rather than evading the same. However, the government may wish to introduce GST at a
Revenue Neutral Rate, in which case the revenues might not see a significant increase in the short run.
different statutes, all assessees will find comfortable under GST as the compliance cost will be reduced.
It should be noted that the assessees are, nevertheless, required to keep record of CGST, SGST and IGST
separately.
(that is, one single GST for the whole nation, instead of the dual GST format). Although India
is adopting Dual GST looking into the federal structure, it is still a good move towards a
Unified GST which is regarded as the best method of Indirect Taxes.
Points to Ponder: Food for Thought
The GST is a very good type of tax. However, for the successful implementation of the same,
we must be cautious about a few aspects. Following are some of the factors that must be kept in
mind about GST:
- Firstly, it is really required that all the states implement the GST together and that too at the same rates. Otherwise, it will be really cumbersome for businesses to comply with the provisions of the law. Further, GST will be very advantageous if the rates are same, because in that case taxes will not be a factor in investment location decisions, and people will be able to focus on profitability.
- For smooth functioning, it is important that the GST clearly sets out the taxable event. Presently, the CENVAT credit rules, the Point of Taxation Rules are amended/ introduced for this purpose only. However, the rules should be more refined and free from ambiguity.
- The GST is a destination based tax, not the origin one. In such circumstances, it should be clearly identifiable as to where the goods are going. This shall be difficult in case of services, because it is not easy to identify where a service is provided, thus this should be properly dealt with.
- More awareness about GST and its advantages have to be made, and professionals like us really have to take the onus to assume this responsibility.
GST: Way Forward!
Presently, lot of speculations are going as to when the GST will actually be applicable in India.
Looking into the political environment of India, it seems that a little more time will be required to
ensure that everybody is satisfied. The states are confused as to whether the GST will hamper
their revenues. Although the Central Government has assured the states about compensation
in case the revenue falls down, still a little mistrust can be a severe drawback!
Sooner or later, the GST will surely knock the doors of India. And when that happens, we as future
torch bearers of the profession are required to be prepared and fully equipped with our knowledge
regarding GST. Forewarned is forearmed.Thus, we must be ready to deal with GST and
many other changes that are going to take place in India. Slowly, India shall move to join the
world wide standards in taxation, corporate laws and managerial practices and be among the
leaders in these fields.
Source : http://capalkeshasawa.blogspot.in/
Comments