Technical Education & Research Institute
Technical Education & Research Institute
Technical Education & Research Institute
Submitted to
2019
Goods & Services Tax Law in India is a comprehensive, multi-stage, destination-based tax that is
levied on every value addition. In simple words, Goods and Service Tax is an indirect tax levied
on the supply of goods and services. GST Law has replaced many indirect tax laws that
previously existed in India. Earlier, various indirect taxes were levied and collected at different
point in the supply chain. The centre and the states were empowered to levy respective taxes as
per the Constitution of India. The Value Added Tax (VAT) when introduced was considered to
be a major improvement over the pre-existing Central excise duty at the national level and the
sales tax system at the State level. But now, GST would be levied with the propaganda of “One
Nation One Tax” and is collected at each stage of sale or purchase of goods and services.
Purpose of GST in India is efficient tax collection, reduction in corruption, easy inter-state
In India, the idea of adopting GST was first suggested by the Atal Bihari Vajpayee Government
in 2000. A task force that was headed by Vijay L. Kelkar the advisor to the finance ministry,
indicated that the existing tax structure had many issues that would be mitigated by the GST
system. In 2005, The finance minister, P. Chidambaram, said that the medium-to-long term goal
of the government was to implement a uniform GST structure across the country, covering the
whole production-distribution chain. In 2009, Pranab Mukherjee, the new finance minister of
India, announced the basic skeleton of the GST system. In February 2015, Jaitley, in his budget
speech, indicated that the government is looking to implement the GST system by 1 April
2016.In May 2015, The Lok Sabha passes the Constitution Amendment Bill.
Implementation Of Gst
VAT was no doubt a success but still some short coming were there in the structure of tax
levying methods both at the State and the Central level. Government of India’s CENVAT had the
shortcoming of nonincluding several taxes in the overall frame work. The present VAT scheme
at the State level includes CENVAT on the goods loads leading to cascading effect of CENVAT
element. Normally any goods produced will be valued on the basis of physical input and services
drawn upon, so there must be an integration of VAT on the goods taxed on the services at the
State level and the same should be taxed in such a way that it should not lead to cascading effect
on service tax. Further, removal of cascading effect, tax layers and simplified structures, the GST
would encourage acquiescence and also expected to widen the tax base. But almost all media
reports state that the GST tax reform has the potential to enhance the India’s GDP at least by 2%.
In comparison to pre-existing Central and State tax system to VAT a considerable improvement
has been observed. GST is a further step to simplify the tax system, a comprehensive tax system
with higher significance inclusive of all the taxes at State and Central level. 6.2 per cent to 9.4
per cent increase in the revenue rate is expected is the assumption of leading researchers. The
revenue-neutral rate is the rate for GST that will not make a net difference to the overall tax
Features of GST
The GST Framework could easily be one of the most important tax reforms to be tabled for
discussion in the Parliament. It does bring with some problems, like division of taxation power
between Centre and State. The GST will be applicable on the basis of Destination principle. So
the GST has two components:-“One levied by Centre (hereinafter referred to as Central GST)
and the other levied by the States (here in after referred as State GST) 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. will be uniform across these
As of March 2014, there were 12, 76,861 service tax assessees in the country out of which only
the top 50 paid more than 50% of the tax collected nationwide. Most of the tax burden is borne
support services, Banking and Financial services, etc. These pan-India businesses already work
in a unified market and will see compliance burden becoming lesser. But they will have to
Logistics
In a vast country like India, the logistics sector forms the backbone of the economy. We can
fairly assume that a well organized and mature logistics industry has the potential to leapfrog the
E-commerce
The e-commerce sector in India has been growing by leaps and bounds. In many ways, GST will
help the e-com sector’s continued growth but the long-term effects will be particularly
interesting because the GST law specifically proposes a Tax Collection at Source
(TCS)mechanism, which e-com companies are not too happy with. The current rate of TCS is at
1%.
Pharma
On the whole, GST is benefiting the pharma and healthcare industries. It will create a level
playing field for generic drug makers, boost medical tourism and simplify the tax structure. If
there is any concern whatsoever, then it relates to the pricing structure (as per latest news). The
pharma sector is hoping for a tax respite as it will make affordable healthcare easier to access by
all.
Telecommunications
In the telecom sector, prices will come down after GST. Manufacturers will save on costs
manufacturers will find it easier to sell their equipment as GST has negated the need to set up
state-specific entities, and transfer stocks. The will also save up on logistics costs.
Textile
The Indian textile industry provides employment to a large number of skilled and unskilled
workers in the country. It contributes about 10% of the total annual export, and this value is
likely to increase under GST. GST would affect the cotton value chain of the textile industry
which is chosen by most small medium enterprises as it previously attracted zero central excise
Real Estate
The real estate sector is one of the most pivotal sectors of the Indian economy, playing an
important role in employment generation in India. The impact of GST on the real estate sector
cannot be fully assessed as it largely depends on the tax rates. However, the sector will see
substantial benefits from GST implementation, as it has brought to the industry much-required
Agriculture
The agricultural sector is the largest contributing sector the overall Indian GDP. It covers around
16% of Indian GDP. One of the major issues faced by the agricultural sector is the transportation
of agri-products across state lines all over India. GST will resolve the issue of transportation.
FMCG
The FMCG sector is experiencing significant savings in logistics and distribution costs as the
Freelancers
Freelancing in India is still a nascent industry and the rules and regulations for this chaotic
industry are still up in the air. But with GST, it will become much easier for freelancers to file
their taxes as they can easily do it online. They are taxed as service providers, and the new tax
Automobiles
The automobile industry in India is a vast business producing a large number of cars annually,
fueled mostly by the huge population of the country. Under the previous tax system, there were
several taxes applicable to this sector like excise, VAT, sales tax, road tax, motor vehicle tax,
Startups
With increased limits for registration, a DIY compliance model, tax credit on purchases, and a
free flow of goods and services, the GST regime truly augurs well for the Indian startup scene.
Previously, many Indian states had different VAT laws which were confusing for companies that
have a pan-India presence, especially the e-com sector. All of this has changed under GST.
It is no news that the implementation of the GST (Goods and service tax) will pose some major
Many service businesses will face a lot of changes over the years as they try to conform to the
introduction of this new taxation system and we can be sure that many of them are happy
because of the changes. You can trust that this new taxation system will also affect the people in
Even so, the joy is that it is not all bad. We can gladly look forward to the positive and especially
the people in the service business sector is keen on how things will turn out.
In this article, we’ll assess the GST impact on service sector – both positively and negatively.
We’ll also see what you need to know if you a service provider.
No double taxation: This is one thing that was affecting many service providers. In the previous
system of taxation, the works contract was complex, and this took a toll on many people. Here,
the transfer of goods is a part of the service contract. This means that every invoice has the value
of the goods used as well as the services supplied. These two attract a tax rate of 70% each
bringing the total to 140% which is very high. With the implementation of GST, these two are
More Clarity For Software Industry: For companies like ProfitBooks, that sell online software,
its was not clear whether to apply VAT or Service Tax on the product. In GST regime, there is a
clear distinction between products and services which will remove the confusion for service
industry.
Repairs and maintenance: The service providers that provide repair and maintenance services to
companies will be able to claim both the credit of input and credit of input services as provided
by the GST system. The current regime only offers the credit of input services which is a bit
limiting. Now that they can claim both of the credit of input and credit of input services, they can
offer their repair and maintenance services at lower prices and thereby attracting more clients.
Access to inputs held in stock: The service providers will access CENVAT credit of input that is
held in stocks. This is best applicable when a person is moving from one category of taxation to
Check out this simple example – Earlier, service providers used to charge Service Tax to the
clients and used to pay VAT on the goods purchased, like computers. it was not possible to take
set off VAT against Service Tax. But in GST regime, you pay GST on both sales and purchases
Fewer costs to service providers: In the previous system of taxation, the credit of VAT and CST
that were paid to the input were billed to the service provider. Luckily, with the GST system, the
CENVAT credit of SGST/CGST, as well as the IGST that are to be paid on inputs and capital
goods are all taken care of under the GST system. This is a relief to the service provider.
The cost of inputs is likely to drop: Now that the multiple taxation systems are abolished, the
cost of inputs will go down. Inputs taxations like VAT, Excise Duty, and the likes will no longer
It will bring equality in all states: The previous taxation system did not cover Jammu and
Kashmir. This presented a disadvantage to other places in India because taxation provisions did
not cover these two places. However, GST now covers the whole land bringing all service
Other than the goods, there are also down sides to this system of taxation. These negatives
include:
Lack of a centralized registration: With the previous taxation system, many service providers
rejoiced over being able to register all their businesses in different areas from a central place.
However, this privilege has been taken away. Now, they have to register their businesses in the
Taxation for free services: If a business is going to supply services for free, they will still get
taxed for it. Every supply that is made without consideration is taxed. This means you have to
Increased cost of service to end consumer: Because the rate of taxation will go higher in the
GST system, the end consumer will also feel a pinch of extra expenditure. The taxation is
between 18% and 20%. Because this rate is high, the cost of service will be higher.
Lack of a centralized system of accounting: Every business in every state has to have their
every state is financially accountable to that state for taxation. This means that the accounts of
businesses in all the different states separately. This is also because of decentralized registration.
This can prove to be burdensome and tiresome as well. You are needed to file as many as 37
The burden of public education: The business owner is charged with the responsibility of
educating the masses on the benefits of this GST system. Failure of which may lead to
unprecedented events.
As a service provider who is subject to the GST taxation system, it is very important that you
ensure your business complies with the provisions of GST. You can do the following to ensure
File your returns under GST: We all know that all businesses need to file their returns. There is
no exemption to this. When there has not been much activity with the business, you can file nil
returns. Failure to do comply will attract a penalty. You have to give detailed information on all
Vendor ratings: The government has a mechanism in place that rates vendors based on how
timely they are with their returns, their payments and so on. People who look forward to working
every service you sell. So, its important for you to know the correct SAC of the service you are
selling.
Raising invoices: Proper GST compliant invoices have to be raised under the GST system.
Invoices issued to the GST showing compliance have specific fields that need to be filled before
issuance. The issuance is done via a GST portal and information on both the buyer and seller are
captured.
For example, you need to mention your GSTN, customer’s GSTN, SAC on invoice.
Know the applicable taxes: It is important to know that the GST system is made of two
components and that is the CGST and the SGST. The taxes subsumed at the CGST include
central excise duty, the special additional duty of customs, service tax, additional excise duty,
The SGST component is made by subsuming the Purchase tax, luxury tax, entertainment tax,
If you are selling within your state, you need to apply SGST & CGST and if you are selling
Use a good GST accounting software: This software will be your best friend as it will help you
with filing your returns more easily and in a faster, error free way. This software will alert you to
any discrepancies that there may be and you can get to it before any damage is done.
ProfitBooks is one of the popular GST softwares in India. It will help you to create GST
invoices, manage inventory and even file GST returns directly from the software.
Final Thoughts
By subsuming all these to provide the country with a single taxation level, we can say it is a great
move that will propel the economy even further. In as much as there will be some challenges, it
is a great thing to have a single taxation system for the service providers.
For service industry, GST system has definitely increased the compliance burden. GST
implementation is bound to face hiccups during initial days but things will be much smoother
Prime Minister Narendra Modi was in his element when he congratulated the country on the
passage of the much-touted Goods and Services Tax (GST) Bill in the Upper House of the
Parliament, claiming that the new tax regime will rid the country of tax-terrorism. The tax
regime which was proposed about a decade back as the panacea that would clean up the messy
and complex indirect tax structure of the country, is expected to give India’s GDP a fillip, apart
from boosting exports. “Expected” is the word. While GST has become popular as a ‘One
Nation-One Tax’ formulation, the realities of implementation may be more complicated than
political negotiations in the Parliament. Truth is GST, for which the ruling administration has set
a go-live date of April 1, 2017, is in no way a one-tax rule. As things stand, the Centre has
agreed to subsume excise duty, additional excise duty, service tax, countervailing duty, surcharge
and cess, and central sales tax into the waiting arms of GST. The States have agreed to give up
VAT (sales tax), entertainment tax, luxury tax, taxes on gambling, octroi and entry taxes, cess
and purchase tax. GST will thus replace all of these taxes. The all-important tax rate though
A wait of more than a decade came to an end on August 3, 2016, when the 122nd Constitution
Amendment Bill, 2014 (popularly known as GST Bill) was passed by the Upper House of the
Parliament of India. This is apparently the country’s biggest tax reform since
Independence.Some achievement therefore for the Indian democracy. The new tax regime, which
subsumes all indirect taxes such as sales tax and excise tax, is expected to bring down tax rates in
India, while converting the country into a big single market. In short, now, seamless flow of
goods and services will occur across 29 states and 7 union territories! Many believe the landmark
Goods and Services Tax Bill (GST) passed by the two houses of the Parliament – after years of
back and forth by the ruling party and main opposition (both the present ruling and main
opposition parties have supported and opposed the Bill depending on whether they were in
power or in the opposition) – is a key step that would catapult India into the big league in global
supply chain. The implementation of the Bill is expected to ease India’s cumbersome tax system,
help goods move seamlessly across state borders, curb tax evasion, improve compliance,
increase revenues, spur growth, boost exports, and attract investments by improving ease of
In short, GST when implemented, is expected to perform miracles. But, can it really? And
considering that the Bill still needs to be ratified by at least 13 more state legislatures (over and
above the three states Assam, Bihar and Jharkhand,which had already passed the bill, as on
August 22, 2016) before the President of India can notify the GST Council to decide on the new
tax rate and other issues with respect to GST, will it be a easy journey for the GST to the finish
line?
India is by no means the first country to experiment with a unified tax regime.160 countries
already have some form of GST or a value added tax. What makes GST in India special is that as
opposed to a federally administered regime, the Union and state governments will jointly
administer India’s dual GST. This means it will be a set of many different taxes – a GST for each
of the 29 states and two union territories (SGST), a Central GST (CGST), and an Integrated GST
(IGST; which will be a combine of CGST and SGST on inter-state supplies of goods and
Interestingly, India will be one of the very few countries with a dual GST regime alongside
Canada and Brazil. The all-important rate is yet to be finalised, with the final standard rate
possibly lying between 15% to 27%, though 18% is the rate that seems to be gaining a sort of
consensus amongst pundits. The problem though is that the pundits won’t decide the rate! GST
rate will be decided in the coming months by a GST Council that will prise the Finance Minister
with a representative from each state government. As such it will be negotiated amongst the
Union and state governments that will jointly administer the GST regime. It will still remain
complex and difficult to implement, but would surely make life easier for businesses by cutting
down, or rather combining, the many indirect taxes that companies file in India.
Foreign media has called GST one of the world’s most complex tax reforms that needs to be
supported and serviced by state-of-the-art technology. And Infosys, the Indian software giant,
has already started building a massive electronic infrastructure – a GST portal (GSTP) – where
taxpayers can register, make payments and file returns. It is expected that some 7.5 million
businesses will be covered by the tax. But then there are several questions that have been doing
rounds since the day the Bill was passed in Rajya Sabha. What will really be the impact of GST
on India’s manufacturing and service sectors? What will be a realistic timeframe for its
implementation? How difficult will the implementation process be given the dual nature? What
would be an ideal timeframe by which benefits will be realised? And above all, what will be the
One factor where the industry has clearly been in consensus is that GST being a destination
based tax (where the tax is not applied at the point of production but at the point of supply or
consumption),will make life easier for businesses in India. Companies will not have to file tax
returns with multiple departments, but there will be just one web-based form to file tax returns.
The country will finally become one common market, with uniform pricing across states, and
optimal allocation of resources, making our goods more competitive. “Undoubtedly the most
significant reform since the liberalisation in 1991, GST will transform India’s economic
landscape. Unifying the $2 trillion economy and its 1.3 billion people under a uniform tax code,
makes our country one of the most attractive destinations for business. I am confident that this
game-changing legislation will propel India into a $20 trillion economy in the decades to come,”
says Anil Agarwal, Chairman, Vedanta Group. Apart from this, there will be a very strong
positive impact on the logistics sector. There is no one in India who has not seen the serpentine
queues of goods carrying vehicles standing at inter-state check posts for inspection and payment
of taxes. Even Shaktikanta Das, Economic Affairs Secretary, Ministry of Finance, GoI, is on
record saying that trucks on an average spend 48 hours stranded at different check-posts every
trip. The GST in ‘one fell swoop’ will remove these barriers, thus making India a preferred
destination for business. “GST will revolutionise logistics with unified and simplified structure
versus multiple taxes at various levels. It will lower the inventories and working capital, reduce
documentation, improve asset utilisation, ensure higher turnaround time and efficiencies. We
expect the industry to move away from pure vanilla warehousing needs to contract logistics,”
Prakash Tulsiani, Executive Director & COO, Allcargo Logistics, tells The Dollar Business.
UNDER GST
Service Tax
(SAD)
Sales Tax
Purchase Tax
Luxury Tax
Entertainment Tax
Distribution: The new regime will allow consolidation and optimisation of warehouses;Current
arrangements for distribution of finished goods to change;Current network structure and product
flows may need review and possible alteration because of removal of Excise Duty.
Pricing and profitability: Tax changes resulting from the GST structure would require repricing
of Products. Prices could both increase or decrease; Margins or price mark-ups would also need
to be re-examined.
Cash flow: Removal of the concept of Excise Duty on manufacturing can result in improvement
in cash flows and inventory costs as GST would now be paid at the time of sale/supply rather
systems in areas of master data, supply chain transactions, system design;Existing open
transactions and balances as on the cut-off date need to be migrated out to ensure smooth
transition to GST;Changes to supply chain reports (e.g., purchase register, sales register,services
register), other tax reports and forms (e.g., invoices,purchase orders) need review;Appropriate
measures such as training of employees, compliance under GST, customer education and
tracking of inventory credit are needed to ensure smooth transition to the GST regime.
State GST & Central VAT & Excise / (which goes to the State)
Sounds good. But then it won’t be an easy run to the finish line for GST. And the reason is
simple! The dual nature of India’s GST regime is expected to make implementation a complex
problem, and rob off some of the key features of ease of doing business.
Canada and Brazil, both have a federal administrative structure similar to that of India and have
opted for the dual GST route. For instance in Canada, the dual GST route obviously cleared up
the conflict between states and the Union government in terms of revenue generation and tax
collection, and allowed for a consensus to be formed. But then, Canada owing to the dual nature
of its GST has not been able to unify the nation as a common market, with different taxes in
In India, though the scrapping of the proposed additional 1% inter-state tax has cleared the air
considerably making businesses happy, the states still need to agree on a common rate. And
while
states like West Bengal and Bihar will be happy with a low tax rate, many like Tamil Nadu are
expected to ask for a much higher rate. At the high-end, some states have even asked for a GST
rate of 27%. But then, experts believe, a tax rate that high can completely negate the positive
effects of GST. “The current combined Centre and state statutory rate for majority of the
commodities works out to be 26.5% (CENVAT : 14%, and VAT: 12.5%). Once GST is
implemented, the same is expected to reduce to a standard rate to about 18-21%. This will
naturally be beneficial for the end users. But if the tax rate goes beyond 18-21%, a lot of the
benefits of GST will be lost,” says Harpreet Singh Malhotra, Chairman & Managing Director,
Tiger Logistics. And then there is the issue of tax refunds from state governments, with some
states known to be tardy with refunds. Rakesh Shah, Director, Nipha Group, a Kolkata-based
exporter of engineering goods, while speaking to The Dollar Business on the dual-GST sytem
says, “This is the biggest drawback of the GST regime from our perspective. Some state
governments do not have a great track record of refunding taxes and there is nothing in GST so
far that makes us believe that they will change their behaviours.”
The proposed tax regime has raised fears of inflation at a time when CPI has shot up beyond the
official tolerance level of 6%. Outgoing RBI Governor Raghuram Rajan has cautioned the
industry that there could be a generalised inflationary effect on the economy due to price
However, the Governor has also clarified that he expects the inflationary pressure to be
negligible. Citing the example of Malaysia, he said that the inflation in Malaysia was both
negligible and short-lived and this is expected in India as well due to a one-time price adjustment
Potential inflation will depend significantly on the final rate of GST and the basket of goods and
services that will be exempt from GST. Meanwhile, RBI Deputy Governor Urjit Patel has
pointed out that about 55% of the items that form the Consumer Price Index (CPI) will be
exempt from GST, making the inflationary impact negligible. Even a Nomura report estimates
GST to impact headline CPI inflation by just 20-70 basis points (bps) and core CPI by 10-40 bps
in the first year of implementation. And that would exbe on account of higher prices of
electricity, clothing and footwear, healthcare, medicine, and education after accounting for input
taxes.
Food items like cereals and vegetables are expected to become more expensive. Essential items
like health services and medicines will also become expensive as they presently are subjected to
lower tax rates, even if GST rate is capped at 18%.As of now, products like alcohol and
petroleum have been kept out the GST ambit; clarity is yet to emerge on whether there will be
more exemptions. With various industry bodies lobbying for exemptions or lower rates, it is
plausible that we will see more products and services being exempted. That being said, in the
past, countries (like Malaysia and New Zealand) which have opted for GST have been known to
face high inflation and slowdown in consumption initially.Whether history will be repeated in
India depends on a host of factors, the most important being the standard rate of GST finally
agreed upon.
Systems of GST
Invoice System
The input credit can be availed on the basis of invoice when such an invoice is received.
Similarly, the output tax needs to be discharged after the invoice is raised. The facts with respect
to payments made for procurements and payments received on supplies are immaterial. This is
Payment System Under the payment system of the GST, the input credit on supplies procured
can be availed on the basis of payment. Even the output tax needs to be discharged after the
payment is received for the supplies made to the customers. The facts with respect to invoices
received for procurements and invoices raised for supplies made to customers have no
significance. This system is similar to the existing provisions of Service Tax as per the
Hybrid System This system is the blend of invoice system and payment system. The input credit
can be availed on the basis of invoice when such an invoice is received. However, the output tax
needs to be discharged after the payment is received for the supplies made to the customers. This
system is the most beneficial one from the aspect of the assessee as the credit can be taken
immediately on receipt of an invoice but the tax needs to be discharged only after the payment
for the supplies received. GST is divided into three types. They are:
• Central Goods, Service Tax(CGST): All the taxes(Additional Excise, Counter Veiling Duty,
cesses, Central Excise, Customs) that come under Central Government are included in this kind.
Systems of GST
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• State Goods, Service Tax(SGST): All the taxes which come under State government(VAT,
Entertainment Tax, luxury tax, betting-gambling tax, octroi, entry tax, purchase tax, State tax,
and lottery tax) are included in this type. • Special organization in Central level (IGST): It was
conducted by Central government & The taxes that are paid had IGST redemption. It distributes
those taxes among the countries. The only thing is that the demands and plans of this IGST are in
There will be five types of rates that will collect under this kind. They are as follows:
• Standard tax rates:Most of the taxes come under this category. • Limited tax rates: Tax is been
collected for the medical & other major basic goods in this category. • Special tax rates: Special
tax is been collected on the goods & items like tobacco, Liquor, jewellery etc; under this
category. • Redemption rates: This kind of tax is applicable to the backward areas & there is
redemption of taxes for goods under this system & where GST & credit facility is not applicable.
All these kinds of procedures will be banned if GST exists. • Zero rate: Though tax is not
applicable to the goods that are imported there is the facility of refund under this system.
like taxation rates under both CGST and SGST, exemptions from GST etc. Union Finance
Minister will chair the council with Finance Ministers from States as members. The Council
members may also elect a Vice-Chairperson of the Council from the members. The Dispute
INTER – STATE
Present GST
IGST @ 16% 16
CGST @ 8% 0
SGST @ 8% 0
140
disputes amidst Union/States/members with respect to GST. The Authority would have one
Chairperson and two members. The chairperson should be judge from Supreme Court or Chief
Justice from a high court and appointed by President of India on the recommendation of Chief
Justice of India. Two other members should be experts from field of law/economics/public
affairs on the recommendation of GST Council. This has been done to balance the interests of
the parties
Service tax. Service tax is levied on specified services, referred to as taxable services, when
rendered by a service provider. Service tax is presently taxed at 10%. Ordinarily, service tax is
payable by the service provider, except in specified cases. As service provider, credit is allowed
on excise duty and countervailing duty paid on inputs and capital goods and the service tax paid
on input service. The credit is allowed as a set-off against the service tax payable on taxable
services.
Empowered Committee of State Finance Ministers The first preliminary discussion on State-
level VAT took place in a meeting of Chief Ministers convened by Dr. Manmohan Singh, the
then Union Finance Minister in 1995. In this meeting, the basic issues on VAT were discussed in
general terms and this was followed up by periodic interactions of State Finance Ministers.
Thereafter, in a significant meeting of all the Chief Ministers, convened on November 16, 1999
by Shri Yashwant Sinha, the then Union Finance Minister, two important decisions, among
others, were taken. First, before the introduction of State-level VAT, the unhealthy sales tax “rate
war” among the States would have to end, and sales tax rates would need to be harmonised by
implementing uniform floor rates of sales tax for different categories of commodities with effect
from January 1, 2000. Secondly, on the basis of achievement of the first objective, steps would
be taken by the States for introduction of State-level VAT after adequate preparation. For
implementing these decisions, a Standing Committee of State Finance Ministers was formed
Input tax credit The proposed dual Goods and Service tax (GST) system would be designed in
such a manner that the Central GST chain and the State GST chain would be independent of each
other. This would imply that a dealer would not be able to use the input tax credit available under
the Central GST chain in the State level GST chain. The Central GST chain is likely to integrate
the existing excise duty and service taxes levied at the Central level. The State level GST chain is
likely to
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integrate the current State-level VAT, other local levies and services tax on certain specific
services on which States may get the powers to levy service tax. There will be full input tax
credit in the Central GST chain and also in the State level chain but there would be no usability
of Central GST into the State-level GST chain. Input tax credit would be allowed only at one
chain and no carry forward of the credit from one chain to the other would be allowed. The
structure would only address the cascading effect only in the respective chain and not in the
parallel one. Cross utilization of credit of CGST between goods and services would be allowed.
Similarly, the facility of cross utilization of credit will be available in case of SGST.
Threshold limit A threshold of gross annual turnover of Rs.10 lakh both for goods and services
for all the States and Union Territories will 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. After taking into consideration the interest of
small traders and small scale industries and to avoid dual control, it has been decided that the
threshold for Central GST for goods will be Rs.1.5 Crore and the threshold for services should
ideal, the GST structure is likely to continue with sector specific concessions and exemptions. It
was observed by Dr.Shome (erstwhile advisor to the finance minister), ‘that shades of policy
interventions is a fact of life and we have to weave such positive suggestions in the framework
and that by 2010, we will have a structure that will overhaul all taxes into one, of course with
some exemptions.’ No tax will be payable on goods and services which shall be declared as
exempted supplies and for such supplies, the assessee will not be able to claim any input tax
credit. However certain supplies may be classified as zero rated goods and services thereby
Service Tax under GST Service Tax is levied at 10.3% (inclusive of Education Cess) percent tax
on more than 100 services. States do not levy or collect service taxes at present, but get a share
from the Centre's collections. It is proposed that States will keep the entire collection from
certain services from this year. States would also tax another set of proposed new services,
collect and appropriate as part of compensation for Central sales tax phase-out in 2010. Since
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border services it is expected that the State GST would only include services that are essentially
of "Local Nature". It has also been reported that Service tax rate under Central GST and State
GST is likely to be uniform. Though State Service Tax proposed to be levied on new local
services would add to the cost, an redeeming feature is that Input Tax Credit would be eligible on
the State Service Tax and a host of other levies like Entry Tax, Electricity Tax, and Luxury Tax
etc that would be integrated under State GST. Of course, the service should qualify as an eligible
Input Service.
Tax Base for Dual GST Levy Though nothing has been explicitly said on the tax base for the
State GST, it has been reported that the dual GST Structure would ensure that there is no double
taxation and it would help trim the present cascading effect of tax to benefit industry and
consumers. So there is a likelihood that the levy of Central GST and State GST would be on the
same tax base as only this can help trim the present cascading effect of tax.
Implications of GST on imports and exports Imports would be subject to GST. 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. Exports, however, will be zero-rated, meaning
exporters of goods and services need not pay GST on their exports. GST paid by them on the
procurement of goods and services will be refunded subject to certain conditions, limitations and
procedures.
System of Zero rating The system of zero rating ensures that the benefit of zero rating is availed
only after satisfaction of the condition that the tax is paid in the importing State. The dealer in
the importing State will capture the interstate procurements in the periodic return and pay the
relevant tax on such procurements. In case the liability to pay tax is not discharged within the
stipulated time, zero rating will be reversed and then the seller in the exporting State will be
required to pay the tax. For the successful implementation of the system of zero rating with pre-
payment, a reliable mechanism should be put in place to identify interstate transactions and
thereby ensure that there is no evasion of taxes. Exports would be zero-rated. Similar benefits
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will only be allowed to the processing zones of the SEZs. No benefit to the sales from an SEZ to
Taxation of certain goods: Certain goods like alcoholic beverages, tobacco and petroleum are
subject to higher rate of taxes as it attracts multiple taxes like excise duties, license fees, cess,
interstate import and export fees etc. This is mainly done to discourage the consumption of such
products. Alcoholic beverages would be kept out of the purview of GST. Sales Tax/VAT can be
continued to be levied on alcoholic beverages as per the existing practice. In case it has been
made Vatable by some States, there will be no objection to that. Excise Duty, which is presently
allowed to levy excise duty on tobacco products over and above GST without ITC. 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. Whether natural gas
will be within the purview of GST or not has not yet been decided.
Simplicity for taxpayers: The process of filing of tax returns and payment of tax should be
simple and uniform and should be independent of taxpayer’s location and size of business. In
addition, the compliance process should not place any undue burden on the taxpayer and should
Respect autonomy of States: The design of the IT system should respect the constitutional
autonomy of the States. Several business processes will be reengineered as a new IT system for
GST is put into place. There should be no dilution of the autonomy of States as a result of the IT
system, or the re-engineering. On the contrary, it should strengthen the autonomy of States. This
is a key factor in the design of the IT system presented in the rest of this document. Uniformity
Uniformity of policy administration across States and centre will lead to a better taxpayer
GST should be automated to the extent possible, and all documents processed electronically.
This will lead to faster processing and reconciliation of tax information and enable risk based
scrutiny by tax authorities. For small taxpayers, facilitation centres can be set up to ease the
migration.
Reduce leakages: A fully electronic GST can dramatically increase tax collections by reducing
leakages. Tools such as matching the input tax credit, data mining and pattern detection will
Mission Mode Project on Commercial Tax should be aligned with the GST implementation
EXPORTS TO CLIMB?
If GST improves ease of doing business, can exports be far behind? With uniform taxation and
cost efficiencies owing to reduced time and costs in transportation, one obvious effect would be
that ‘Made in India’ products would now be more cost competitive in the global markets. “In the
previous tax regime, our exbe ports were sagging, since we also exported a major portion of
taxes. Indigenous manufacturers failed to capitalise owing to double taxation. All this will
change post GST. And eventually exports from the country will increase,” says Nihal Kothari,
Chairman, National Council on Indirect Taxes, ASSOCHAM and Executive Director at Khaitan
& Co. And he is right! We have examples of GST boosting an economy’s exports. For instance,
New Zealand implemented GST in CY1986 and saw it exports jump from $5,880 million in
CY1986 to $7,195 million CY1987, a growth of 22.36%. Similar was the case with Australia,
which implemented GST regime in CY2000. Australia’s exports grew at a CAGR of 7.9% from
multiple tax regimes across sectors of production and locations leads to distortions in allocation
states or locations that offer better tax structures regardless of their suitability in terms of other
resources. With regard to India’s exports, this leads to lack of international competitiveness of
the sectors which would have been relatively efficient under distortion-free indirect tax regime.
Add to this, there is a lack of full offsets of taxes loaded on to the FOB (Free On Board) export
prices. This results in export competitiveness further getting negatively impacted. Efficient
allocation of productive resources and providing full tax offsets, as envisaged under the GST, is
therefore expected to result in gains for exporters. According to a paper on GST by the National
Council of Applied Economic Research (NCAER) submitted to the 13th Finance Commission,
gains in exports are expected to vary between 3.2% and 6.3% (while imports are expected to rise
somewhere between 2.4% and 4.7%). Sectors which are expected to see a substantial increase in
exports include textiles and readymade garments, beverages, industrial machinery for food and
textiles, transport equipment other than railway equipment, electrical and electronic machinery,
and chemical products. Further, while agricultural machinery, metals and railway transport
equipment are expected to gain moderately, exports is expected to decline when it comes to
agricultural commodities, iron and steel, cement, wood and wood products except furniture.
GST will provide the much-needed boost to India’s automotive industry, primarily because
of the removal of cascading that is expected with the new tax regime. (Image Source: The Dollar
Business)
A mixed bag of good and bad news could therefore be on offer for India’s exporters.And it will
be that way with some sectors emerging as winners, while others losing out on a few advantages.
However, what can be a bigger cause of worry for exporters is the ambiguity with respect to
various export promotion schemes allowed by India’s Foreign Trade Policy (like MEIS, SEIS,
EPCG, DBK, Advance Authorisation, etc.) during the initial GST implementation phase.
Exporters are allowed to claim refunds on Central Excise, Customs duties and Service Tax
against various scrips issued by the Ministry of Commerce. Since Central Excise and Service
Tax will be subsumed under GST, exporters may face problems in encashing the much-needed
incentives that have been structured to support exports.Asks Shah of Nipha Group, “Exports are
zero rated, but GST retains the refund system at the final stage which will mean increased
blockage of funds. A number of current export promotion schemes will wither away or get
diluted. Similarly, what will happen to our dues during the transition from the current system to
Office of the Directorate General of Foreign Trade (DGFT), Ministry of Commerce, GoI, is
aware of the issue. D. K. Singh, Additional DGFT, while speaking to The Dollar Business says,
“Under the current system, one can pay Customs Duty, Central Excise Duty and Service Tax.
But, since Central Excise will be replaced by other taxes such as IGST and SGST under GST, it
may not be a smooth transition for our exporters. So, we have requested the Finance Ministry to
reconsider and allow us to maintain the scrip.” As per him, the matter is currently under
The current indirect tax regime provides for lower or no Customs Duty on imports for importers
who use those imports in producing goods that are subsequently exported. However, under GST,
imports would be subject to IGST (CGST plus SGST) and any exemptions or additional levy
will not exist. This would provide level-playing field to domestic manufacturers against
importers.
In case of special economic zone (SEZs), the various exemptions provided under different
schemes would be limited in their applicability to export duty only. Exports or deemed exports
would be zero rated, but sale to domestic tariff area (DTA) would be taxable. Exports from these
special zones though will get a leg-up by being more cost competitive, owing to reduced logistics
costs.
GST has the potential to revolutionise the logistics industry. India’s trucking and logistics sector
will realise its worth once GST is implemented at the ground level. Experts believe that the tax
procedure will get reduced dramatically and the cost of holding inventory will fall by 50%, since
stock would no longer need to be piled up in various warehouses. Analysts estimate that the
logistics sector will witness up to $200 billion in savings annually with GST, thanks to faster
movement of goods and minimum idling, which have troubled the industry for long now.
Explaining the issue of idling, Harpreet Singh Malhotra, CMD, Tiger Logistics says, “Prolonged
delays at toll booths and extra fuel usage due to regular idling were resulting in annual losses of
more than Rs.1,00,000 crore. Such delays don’t just burn money, they slow down business too.”
According to Malhotra, while trucks in US are said to cover a distance of 800 km every day, in
India they cover only 280 km a day. There is no surprise in the fact, because where average US
truck speeds exceed 89 kmper hour on highways, 12.7 km per hour is considered good as long-
distance average in India. “Once GST gets going, these challenges will become a thing of the
According to logistics experts, the Indian logistics industry spends around 14% of the GDP every
year on different types of cost incurred in logistics operations.The amount of cost incurred is
very high in comparison to the logistics cost incurred in different nations. This scenario is
expected to change once GST is in place. In fact, 3PL logistics market in India is expected to be
worth $301.89 billion by 2020. This growth is based on expectations that GST will soon be
implemented and logistics companies can optimise their operations to reduce cost and increase
margins. RAVI RAMU MD & CEO,VBHC Value Homes “Affordable housing requires an ease
of doing business for both the builder and the buyer. GST is a giant leap in this direction. We are
delighted at the prospect of dealing with easily understood and implementable indirect tax laws.
The marginally higher incidence of indirect taxes through the introduction of GST, if any, will be
more than compensated for by the savings in time and effort in operating a far simpler law.”
“GST will convert a diversified tax regime into one uniform tax rate making India a single
market place. This would facilitate seamless transportation of goods across borders with a
significantly lower transit time, thereby stepping up demand for logistics services.The GST Bill
will also lead to higher vehicle capacity utilisation resulting in increased efficiencies at every
node of the logistics ecosystem. Overall, this is a positive move that will generate growth
opportunities for organised players within the logistics industry,” says Abhishek Chakraborty,
Executive Director, DTDC Express Limited. Apart from simplifying the tax structure, GST will
bring in huge relief to several players at the operational level as they can now do away with fixed
costs of maintaining warehousing across various locations in India. “The fixed warehousing
overheads of companies across industries will decrease by 30-32% and that will make them more
competitive in the international market. Portable and virtual warehousing will become a viable
option for many companies. It will also enhance their operational efficiency,” says Agarwal of
Agarwal Movers Group. Although various logistics players and experts are expecting a short-
term inflationary impact on exports, consensus is that GST will, in the long run, increase
IN AN AUTO MODE
India’s automobile exports contracted 9.7% during the first quarter of this fiscal, with shipments
of three-wheelers nose-diving as much as 46.6%. Last year, however, overall exports from the
sector grew marginally at 1.91% over the previous fiscal, with commercial vehicle segment
leading the exports growth. Come today, the automobile industry seems to be thrilled with the
notion of a simplified tax regime. “The current tax structure on automobiles is riddled with
complexities,” says Vivek Mishra, Partner & National Leader – Indirect Tax,
PricewaterhouseCoopers.
Currently, automobile sales are subject to six different types of tax at various rates which include
Excise Duty, Infrastructure Cess, Octroi, VAT, Motor Vehicle Tax/Road Tax and Tax Collected
at Source (TCS). What’s more? The variation in each of these tax rates, according to vehicle
type, engine size and ground clearance, further compounds complexities. GST, once
implemented, will remove the cascading effect of taxes and put Indian automobile industry on a
All taxes on input paid will also be offset with the output liability of GST. Owing to different
types of indirect taxes collected by the Centre and States separately, taxes paid on some of the
input costs currently cannot be set-off against the final tax. Some of the common examples
include Service Tax paid on certain inputs such as rent, IT, freight, etc., and lower tax credit on
outsourcing activities, etc. This is likely to change once GST is implemented. Further, since CST
multiple locations across states. The 2% CST, which currently is a cost to the manufacturer, will
become a part of IGST, and the manufacturers will not be liable to pay this origin tax.
Under the current regime, Excise Duty on vehicles is categorised into four slabs, in which
smallest duty is applicable on smaller cars. But within the GST framework, taxes levied by the
Central government such as Excise Duty and by state governments as Sales Tax would be
If the proposed tax rate of 18-20% is approved, the prices of vehicle are expected to decrease by
almost 8-18%, and a reduction in automobile cost structure will not only fuel demand for
automobiles in the domestic market but will also make India-made vehicles more cost-
The industry expects a dual tax structure for small and big cars to be announced when the
government is ready with the final GST laws. “According to a report by the Committee on
Economic Affairs, the proposed GST rate on SUVs is 40%. Therefore, SUV prices may increase
slightly. But for all other cars, there will be a significant reduction in rates,” says Mishra.
The current indirect tax provision categorises cars into four segments, with all attracting different
While small cars (less than 1200 cc) attract a total of 27.6% tax (Excise Duty 12.50% + Cess 1.1
% + VAT 14%), medium cars (1200 cc – 1500 cc) attract 39.1% tax (Excise Duty 24% + Cess
1.1 % + VAT 14%). Luxury cars (beyond 1500 cc) and SUVs (also beyond 1500 cc), on the
other hand, attract 42.1% (Excise 27% + Cess 1.1 % + VAT 14%) and 45.1% (Excise Duty 30%
Therefore, cars manufacturers end up paying tax in the rage of 27.6% (minimum) to 45.1%
(maximum). If the proposed GST rate of 18-20% is accepted, small as well as big cars, excluding
SUVs for which 40% rate has been discussed, will become cheaper and fuel the growth of the
auto industry.
While the automobile industry is betting big on the new indirect tax regime, it has apprehensions
over the tax rate. How will the new rates be decided? Will there be a uniform rate for all size of
cars? Will they all fall under the same 18-20% tax rate bracket? The question seems to be more
about whether the government will decide rates based on efficiency or the capacity of cars.
Nevertheless, if the industry’s predictions are anything to go by, automobile exports will be a
major gainer from the new tax arrangement. The GST will help relax the burden of double
taxation, unravel complexities and enhance ease of doing business for export-oriented
automobile manufacturing hubs. However, the major challenge for the exporters will be to
effectively manage their cash flow amid this shift from an exemption-based tax system to a
refund-based system.
The GST system would also encourage Indian vehicle manufacturers to produce cars of
international standards.
Under the current regime, a manufacturer has to comply with a labyrinth of taxes, which act as
huge hurdles and add costs at each stage. Foreign investors are reluctant to invest in India,
primarily becauseof the country’s regulatory and bureaucratic complexities. In the absence of
GST, not only Indian car-makers but foreign too have to waste energy in their operations. A
successful enactment of the new indirect tax regime would have a transformative effect on FDI
in India.
GST will also lessen overall production cost and hassles, thereby encouraging domestic as well
as international car manufacturers to expand their businesses and make Indian products more
qualitative and competitive across the world.A very similar situation is applicable to the
Autotech “It is certain for businesses to welcome the GST Constitutional Amendment Bill.
Businesses will now re-design the supply chains for removing the taxation bias from the supply
chain design.This reshaping of supply chains by other sectors is set to favour the logistics sector
demand for warehouse automation, larger warehouses, high tonnage trucks and logistics
management software. Supply chain consultants will see high demand for network planning and
significant upsurge.”
ENGINEERED SUCCESS
According to a Care Ratings report, “the complexity in the Engineering Goods sector is that
companies are involved simultaneously in manufacturing of goods and rendering of services. For
(Engineering, Procurement and Construction Services) of entire transmission lines which not
only involves manufacturing of transmission towers but supply of bought out items and
rendering of services. The EPC players pay service tax at present while the manufacturers pay
excise duty. Introduction of GST is expected to improve the prospects of engineering, capital
goods and power equipment (ECPE) sector by simplifying the tax structure.” And not to say the
industry too has embraced the GST regime with both hands and hopes that it will transform the
sector. Arvinder Pal Singh, Owner of Perfect Vibrator Company, a Delhi-based manufacturer of
construction machinery parts, says, “GST is good for our industry. GST needs to be implemented
as there would be a common tax. If there is one tax system, it will help in setting up the company
anywhere in the country and also facilitates ease of doing business.” B. Ashok Rao of Rajeev &
Co, manufacturer and exporter of ball valves, holds similar views. “GST will help in bringing
down the cost of production in manufacturing of goods. The major advantage is that it facilitates
inter-state trading which was earlier quite cumbersome due to various levies at different levels
at a minimum level as it will result in lowering the final cost of products. “Tax rate should be
18% as it will benefit the industry in keeping the cost of production low and in turn passing the
benefit to customers in form of lower-priced product. The proposed 22-25% tax structure would
be too high for the industry,” says Singh. Rao also supports the 18% tax rate adding that “there is
no direct benefit of GST on exports but lower costs at manufacturing level can automatically
The engineering sector, being the largest of the industrial sectors in India, is of strategic
importance to the economy owing to its strong integration with other sectors. And as such it
plays a pivotal role in the development of other industrial sectors of the economy. In fact, today,
engineering sector accounts for about a quarter of the total factories and more than half of the
Hence, the proposed tax rate and structure under GST for the industry should be such that it
avoids procedural difficulties for exporters and make their products competitive in export
markets.
“Instead of first paying the taxes and then claiming credit for the same, the proposed enabling
GST law should exempt exporters from the taxation net since the country does not want to export
As per Bhasin, the turnaround time for tax return processing needs to be sped up tremendously.
“Even if we consider six months on average, engineering goods companies will require a huge
additional working capital,” he says. Further, post GST, buyers too will have to ensure that their
vendors have robust IT infrastructure and compliance process in place, so that vendors do not
RIGHT MEDICINE
When it comes to pharmaceuticals sector, another key foreign exchange earner for the country,
the reaction to the passage of the Bill has been mostly positive.GST will not only simplify tax
structure, but will also create a level-playing field for Indian pharmaceutical companies vis-à-vis
foreign competition. “The biggest advantage to the industry would be that of reduction in
transaction cost, with an immediate impact coming from the discontinuance of CST. The
multistage taxation along with the inability to take full benefit of the CENVAT credit / refund
With central GST expected to be a single rate for goods and services, going forward credit
accumulation may not be an area of concern,” states the report from Care Ratings. Furthermore,
if the legislation provides for carrying forward of the unutilised credit this would be an additional
However, there are concerns about drug prices, exemptions and compliance procedures. Some
analysts have warned that there could be a mild inflationary impact of GST on prices of
medicines over the next one-two years. “Currently, medicines are taxed at 5% to 7.5%,
Post GST, our tax liability will increase to 12%. This will put further financial burden on our
General, Organisation of Pharmaceutical Producers of India (OPPI), says, “inputs are taxed at
12.5% currently, while finished formulations are taxed at 6% from a Central Excise Duty
provision exists for refunds against accumulated CENVAT credits. The process of getting
refunds under state VAT rules (where they exist) is also a long one.” However, suggesting a way
out, Kanchana adds, “Specifically notifying the pharmaceutical industry under the model GST
law and making the process of refund easier by automating it, would make a huge difference to
drug manufacturers.” Well, a big first step in this direction is the provision in the draft GST
which allows refunds in cases where the GST rate on inputs is higher than the GST rate on
outputs.
Some industry experts even forecast a possibility of negative impact on pharma sector if rate
exceeds 12% because, as per them, the impact on pharma is largely rate-dependent. Similar
concerns are echoed by Thakral of Biotic Healthcare who envisage a rate range hovering
Prime Minister Narendra Modi, in his speech post passage of the Bill in Parliament, described
GST as one more pearl in India’s necklace. The metaphor may be apt when it comes to overall
tax reforms, but India’s gems and jewellery industry is, however, circumspect about GST’s
glitter. Almost all major stakeholders in the exports segment want the government to levy the
The concept of Revenue Neutral Rate (RNR, a tax rate that allows the government to receive the
same amount of money despite of changes in tax laws) is at the heart of the debate on calculating
ATUL BANSHAL President, Finance and Accounts, M3M Group GST appears to be a
benefactor for the real estate regime, primarily in light of the expected free flow of credit, which
should translate into an increase in margins in the hands of the developer. Seamless and uniform
transaction across states will help in cost rationalisation. GST should have a significant impact
for commercial property developers, who today are burdened with high costs in absence of credit
is expected that under the GST regime, there should be a smooth flow of credit and current
restriction on construction related credits not being available for offset is expected to be
removed. This would help reduce the project costs in the hands of the developer, which should
further have a positive effect on rentals. If the credit restrictions continue, due to higher GST
rates, the project cost are only going to get escalated further. Besides, it also appears beneficial to
end-user or buyers. Uniformity in taxes will help the buyers as well. In the current scenario,
several taxes are added up in the cost posing a great difficulty for an ordinary buyer.
Implementation of GST will lead to uniformity in taxation rescuing an ordinary buyer from
the acceptable and feasible GST rate for the gems and jewellery industry and other industries for
that matter. In fact, the government had published a report on RNR and the structure of rates for
December 2015. A survey was then carried out by the National Sample Survey Organisation,
based on the report. The survey found that the tax structure for the gems and jewellery industry
had been formulated at a ubsidised rate and, as a result of that, other industries are paying a
price.
In a nutshell, the survey findings were not in favour of the gems and jewellery industry. And the
chances are high that incidence of tax on the industry will increase once GST is implemented.
Well, the industry is crying fowl over the findings! According to Sanjeev Agarwal, CEO,
Gitanjali Exports, one of the key objectives of the survey was to ascertain luxury and non-luxury
product categories and, unfortunately, while doing so, the survey categorised gold as a luxury
product. “In my opinion, the analysis is flawed for some obvious reasons. For instance, there is a
possibility that households with low or no literacy level might not have understood the
significance of the survey and ended up providing inaccurate gold investment details which
might have had an adverse effect on the outcome of the survey,” says Agarwal.
For telecom companies, the incidence of taxes will increase post-GST. (Image Source: The
Dollar Business)
Moreover, as per Agarwal, the survey didn’t differentiate between rural households and
households that are dependent on the agrarian economy. “The distinction is crucial given the fact
that agrarian economy enjoys substantial tax benefits,” says Agarwal. In fact, a huge share of
earnings in the agrarian sector is beyond the ambit of tax-net. In addition, the penetration is gold
is higher than the penetration of bank savings account in the country, which inevitably, makes
gold, an unofficial currency in the rural areas. So, the survey inference that says that gold is
being heavily subsidized and benefits are accrued to the rich and wealthy is inappropriate, feel
industry insiders.
In fact, the industry is unequivocal in its demand that GST should be levied at the lower slab.
Gems and Jewellery Exports Promotion Council (GJEPC) has already submitted a preliminary
report prepared by a Mumbai-based law firm, Economic Law Practice (ELP), after gathering
feedback from various manufacturing segments of the industry like plain gold, diamonds and
coloured gemstones. “Our key concerns are that supply and manufacturing side should not be
overburdened with taxes, and getting tax input credit refund should be smooth. Above all, our
exports should remain competitive, given the current global scenario,” says Sabyasachi Ray,
One shouldn’t forget that there are past instances of higher tax structures proving detrimental to
the country in more ways than one. For instance, the 10% import duty on gold, although
succeeded in reducing gold import through official channel, it has also encouraged smuggling of
gold inadvertently. According to various estimates, almost 200 tonne of gold worth Rs.60,000
WEAVING MAGIC?
Textile is another industry on which GST might have a negative impact. While the final GST
rates are yet to be announced, even at the 12% lower rate recommended by the Dr. Arvind
Subramanian Committee, the textile sector is likely to be negatively impacted. In fact, the cotton
value chain is likely to be the worst affected as it is currently attracting zero Central Excise Duty.
What’s more? Industry rating agency ICRA expects that “due to reduced tax advantage of cotton
yarn vis-a-vis manmade yarn, there can be a gradual shift in the domestic textile industry towards
manmade fibre.” For the uninitiated, India currently operates with a fibre mix of cotton:
manmade of 60:40, as against global average ofof 40:60. “However, the degree of impact will
depend on the final rates which will be applicable to the sector,” states the report.
But then, there are some positives as well. “GST will give a fillip to the outsourcing processes in
textile industry.
It will translate to administrative ease and can help in significantly curtailing discrepancies and
aberrations in the taxation system. Corruption and black money laundering will also be curbed,”
says K. K. Lalpuria, Executive Director, Indo Count Industries Ltd., a company engaged in the
manufacturing and export of cotton yarn, grey knitted fabrics and cotton made ups.
Further, with input tax credit chain becoming more transparent and integrated, the tax credit for
exporters will become easier and full credit of indirect taxes can be claimed. But at the same
time, the Duty Drawback scheme, which aims to provide credit of indirect taxes, will lose
relevance under GST. While export products, where the current duty drawback rates are lower
than the incidence on indirect taxes on inputs, will benefit under GST, sectors, where drawback
One sector that has viewed GST skeptically is the services sector. “There could be a decrease in
consumption of services as the service tax will move northward from the current rate of 15%,”
says Saravana Kumar, Chief Investment Officer, LIC Nomura Mutual Fund. For instance, tax
rates for telecom service providers could move up to 18-22% from the current 15%, resulting a
dip in profits. This increased tax could also pinch consumers at the bottom of the pyramid.
Further, GST is also being viewed by some as a “landmine of compliance”.Service providers will
have to file over 30 returns every month based on their operations and geographic spread. There
could also be issues on bringing credits under IGST. A case in point could be a transaction
involving a Mumbai resident using Vodafone telecom services travelling to Bengaluru and
making calls through an Aircel network. It remains difficult to determine and calculate the
importer and supplier in such complicated transactions. Telecom service providers could also
have challenges defining interchange costs (the amount that a telco pays a receiving network),
The GST Bill is also leading CFOs of banks and financial corporations to ponder on the nature of
business and areas that could be potentially hit. “For banks, the challenge could be further
complicated as they may be construed as e-com operators for facilitating supply of services or
goods through an electronic platform. This will result in an added obligation to collect tax at
source. Under the present regime, there already exists litigation on whether banks or NBFCs are
liable to pay taxes as dealers,” says Nihal Kothari, Chairman – National Council of Indirect
Taxes, ASSOCHAM.
Even IT companies are wary of the GST. Some feel the proposed tax regime could lower the
India basis, will have to seek registrations in 37 jurisdictions. Complex billing and invoicing
requirements due to place of supply and valuation will hit the service sector hard in general and
Well, GST comes with its own set of challenges. For most companies, overhauling the entire IT
systems is the biggest challenge and this process could take anything between 6 to 9 months.
While the government issued the first draft model GST law over a month ago, further details are
awaited on aspects relating to compliance such as invoice formats and return details. “We
anticipate several teething problems in transitioning to the GST regime. In the initial months, we
The complexities are far more for services companies, where a lot of ground needs to be covered
to get clarity on taxation of pan India contracts involving multiple states,” says Mahesh Jaising,
Companies are even hiring experts to help them make a smooth transition from current tax
regime to GST. For instance, FMCG major Emami has hired PricewaterhouseCoopers to assess
the impact of GST regime on the company and chart a roadmap to realign company’s strategy
accordingly. “Migrations from current regime to GSTN (Goods and Services Tax Network) will
start from October 1, 2016,” says L. Badri Narayanan, Partner, Lakshmikumaran & Sridharan.
Narayanan’s firm is an advisor to Infosys, the system integrator in the GST project. He shares
that most suppliers’ data will be transitioned from Excise, Central Sales and VAT to GSTN,
however, suppliers will have to request for registration for migrating to ISD (Input Service
Distributor).
WHILE THE BILL HAS BEEN EMBRACED, ITS SUCCESS WILL BE DEFINED BY
ITS IMPLEMENTATION
While most legal experts sound optimistic that the system will be operational by end of 2017,
industry and technology experts opine that building a system from legacy could have potential
barriers. Narayanan is hopeful that the GST network will be ready and operational by April 1,
2017, but the transition period could result in working capital issues for traders. “A trader is
neither manufacturing nor providing services, and if he is not eligible for CENVAT credit within
the old regime he will not be entitled to CENVAT credit on duty paid which he earlier received,”
he explains.
A major change involving GST implementation is its compliance, which will necessitate robust
systems and tracking of information. Since the entire process of tax has been revamped, the
process of accounting and auditing will also undergo a change. Much of this change will occur
on the systems that organisations use for compliance. “Entire ERP systems will need to be re-
The onboarding of vendors could result in a big change. There is need of support from finance,
procurement, legal, IT, and many other departments for positive outcome of GST, else the
holistic picture may not be possible,” says Pratik Shah, Partner, SKP Business Consulting LLP.
commodities themselves rather than procuring them. For service organisations, they will be
compelled to think on operating back-office centres themselves. On the positive side, from the
government’s perspective, GST systems across the globe have improved compliance, and in
many-an-instance we’ve seen even a revenue neutral rate turning into revenue positive due to an
Thus far, Indian exporter-manufacturers were at a huge disadvantage due to overlapping taxes.
But with GST, hope is, matters will change for the better. (Image Source: The Dollar Business)
MORE GOOD THAN BAD?
The successful implementation of GST will depend on its smooth passage in the states, and the
formation of a GST council that drives consensus on rates, exclusion lists, applicability limits,
principles of supply, special provisions to certain states, and a host of other rules and regulations.
Even the time chosen for implementation will matter a lot when it comes to confusion and
litigations.
“Full-fledged IT system should be in place so that there is no dispute in arriving at the losses
incurred by states in the first five years. An April 1, 2017 rollout may affect the last quarter
business of FY2017. Hence, implementation during mid 2017-18 would be ideal and preferable,”
Whatever be the implementation hassles and timeframe, the fact remains GST is a big step
towards making India a unified market. The subsuming of major Central and State taxes in GST,
complete and comprehensive set-off of input goods and services and phasing out of Central Sales
Tax (CST) will not only reduce the cost of locally manufactured goods and services, but will also
increase the competitiveness of Indian goods and services in the international market and give
boost to Indian exports. That by our count is more good than bad.
OBJECTIV OF THE STUDY
It discus about the challenges of GST. which are faced by the people in India.
Research
Research is a purposeful investigation. It is scientific & systematic searches for knowledge &
intimation on a specific topic research is useful & research objective can be achieved if it is done
in proposed process.
Methodology
The world methodology spells the meaning itself if the method used by the researches in
obtaining information. The data (information can be collected from primary sources & secondary
sources.) By primary data we mean data collected by researches him for the first time to
collaborate the data which has previously not been used is known as primary data by secondary
data we mean the data collected from various published matters, a Magazine newspapers status
of previous research report etc. In other word we can say that the data which has already been
used your different purpose by different people is known as secondary Primary data can be
collected through questionnaire and personal interview as far as concern my research is limited
to Secondary data andis collected from the various books journals, newspaper editions expert
systematic search for pertinent information on a specific topic, in-fact research is an art of
scientific investigation.
science of studying how research is doing scientifically. In it we study various steps that are
researchers to know not only know research method techniques but also technology.
The research problem consists of series of closely related activities. At times, the first step
determines the native of the last step to be undertaken. Why a research has been defined, what
data has been collected and what the particular methods have been adopted and a host of similar
other questions are usually answered when we talk of research methodology concerning a
research problem or study. The project is a study where focus is on the following points:
CHARACTERSTICS OF RESEARCH:
Research involves gathering new data from primary sources, Existing data for a
new purpose.
NEED FOR DESIGNING:
We need research design in advance collecting and analysis of data for research
project.
RESEARCH DESIGN:
DESCRIPTIVE RESEARCH:
specific research Questions. The investigator already knows a substantial amount about the
research problem, perhaps as a Result of an exploratory study before the project is initiated;
1 - Secondary Data
Various books on the subject written by eminent authors were studied. Special write ups and
journals and manuals dealing with the topic were referred to. This was done with a view to gain
thorough know ledge about the topic and to analyse training process objectively.The fact and
information were backed up by the written data and records to safe guard against ambiguous and
vague information.
Sources of Secondary Data
1. Official Publications.
4. Internet
Period of Study:
Goods and Services Tax (GST) is considered the biggest reforms in India. However, one thing
that has become the talking point is – the mechanism of input credit under GST.
In simple words, Input Credit means at the time of paying tax on sales, you can reduce the tax
In this article, we’ll cover all you need to know about Input Tax Credit (ITC) under GST, the
time limit to avail ITC, how to calculate Input Tax Credit, how to claim ITC, the situation where
Input Tax Credit means reducing the taxes paid on inputs from taxes to be paid on output. When
any supply of services or goods is supplied to a taxable person, the GST charged is known as
Input Tax.
The concept is not entirely new as it already existed under the pre-GST indirect taxes regime
(service tax, VAT and excise duty). Now its scope has been widened under GST.
Earlier, it was not possible to claim input tax credit for Central Sales Tax, Entry Tax, Luxury Tax
and other taxes. In addition, manufacturers and service providers could not claim the Central
Excise duty.
During the pre-GST era, cross-credit of VAT against service tax/excise or vice versa was not
allowed. But under GST, since these taxes will be subsumed into one tax, there will not be the
The conditions to claim Input Tax Credit under GST is a very critical activity for every business
Input Tax Credit can’t be applied to all type of inputs, each state or a country can have different
rules and regulations. Input Tax Credit is also viable to a dealer who has purchased good to
resale.
Tax Credit is the backbone of GST and for registered persons is a major matter of concern. This
is majorly in line with the pre-GST regime. These rules are quite stringent and particular in their
approach.
Say for instance that you are a manufacturer. The tax to be paid on the final product is INR 450.
The purchase tax paid is INR 300. The input credit you claim is INR 300, and the final taxes you
ITC can be availed by a registered taxable person in a specific manner and within a specified
time frame. The table below shows the different situations wherein the inputs can be claimed for
composition.
Input tax credit for the above-mentioned situations can be claimed only if it does not exceed one
For any other cases, ITC must be claimed earlier of the following-
b) Due date of filing the monthly return (GSTR-3) for the next financial year’s September
month.
Example- For the invoice dated 10/11/2017, ITC must be availed earlier of the following dates –
The due date for September 2018 return – 20th October 2018
Suppose you have a business. The service or product you sell attracts a tax of 18%. You use
input services or goods during your business. The tax due from you (of 18%) can be adjusted to
the taxes paid already by you on the purchase of such inputs. The manufacturers add taxes only
for the value addition done and not on the total product value.
Let’s consider an example of a steel utensils manufacturer who manufactures utensils like
spoons, plates, etc. Assume that the manufacturer had bought an INR 500 worth of raw steel to
make a pressure cooker and INR 100 worth other raw materials. Let’s assume that the GST for
steel is 18%. Also, assume that the GST he paid is 28% of other raw materials.
Hence, the manufacturer has paid Rs. 28 on other raw materials and Rs. 90 on raw steel which he
used as inputs.
So, the total input tax paid was INR 118 by the manufacturer.
Now, after considering the cost of manufacturing steel pressure cooker using the raw materials
and including a decent profit, he decided to sell the pressure cooker to a distributor at INR 800 +
GST.
Now the tax on it will be INR 144. So the manufacturer will invoice the pressure cooker for INR
944.
Hence, the manufacturer is collecting INR 144 as GST on sale from the distributor. The
manufacturer had paid INR 118 towards GST during the purchase of his input raw materials.
Hence, out of INR 144 of GST, the manufacturer can now claim a credit of INR 118 which he
already paid towards GST for inputs and deposit the difference of INR 26 with the government.
This tax credit is available at all succeeding stages, retailers and distributors charge GST and can
The following conditions have to be met to be entitled to Input Tax Credit under the GST
scheme:
2. One can claim Input Tax Credit only if the goods and services received is used for business
purposes.
3. Input Tax Credit can be claimed on exports/zero-rated supplies and are taxable.
4. For a registered taxable person, if the constitution changes due to merger, sale or transfer of
business, then the Input Tax Credit which is unused shall be transferred to the merged, sold or
transferred business.
5. One can credit the Input Tax Credit in his Electronic Credit Ledger in a provisional manner
6. Supporting documents – debit note, tax invoice, supplementary invoice, are needed to claim
7. If there is an actual receipt of goods and services, an Input Tax Credit can be claimed.
8. The Input Tax should be paid through Electronic Credit/Cash ledger.
Data Interpretation-
The above data clearly shows that the growth of every sector is very low but in the case of
service sector it shows the good signs. The proposed GST regime is a half-hearted attempt to
rationalize indirect tax structure. More than 150 countries have implemented GST. The
government of India should study the GST regime set up by various countries and also their
fallouts before implementing it. At the same time, the government should make an attempt to
insulate the vast poor population of India against the likely inflation due to implementation of
GST. No doubt, GST will simplify existing indirect tax system and will help to remove
inefficiencies created by the existing current heterogeneous taxation system only if there is a
clear consensus over issues of threshold limit, revenue rate, and inclusion of petroleum products,
electricity, liquor and real estate. Until the consensus is reached, the government should resist
War room saved the day: A GST Feedback and Action Room was set up to take care of initial
launch issues. The government remained open to addressing issues as they cropped up, with
feedback flowing in fast via phones, messages and even Twitter. Return filing dates were
deferred, tax slabs were rejigged to address industry and consumer concerns and procedures and
rules were amended to ensure hardships were alleviated. The officers’ committee — comprising
If you examine the impact of GST from the standpoint of various stakeholders — government,
commodities have either gone down or been stable and accessibility has improved, given supply
chain efficiencies. A common rate structure across states means decision making for consumers
becomes easier. From the industry standpoint, except the initial technological challenges in
Data Interpretation-
ease taxpayers’ burden should continue to be of prime importance for the government, especially
with repeated deferment of compliance dates due to systems challenges and also the formats,
which are too complicated for many micro, small and medium enterprises (MSMEs) considering
small, medium businesses have a large share of registrations. The government should bring down
A GST model that strikes a balance between harmonization and fiscal autonomy
would be far better than the present complex system. Any simplification and
harmonization in procedures that lead to a broader base, less exemptions, smaller
number of rates (hence less classification problems and scope for corruption), will
automatically result in greater compliance, less disputes, lower collection cost and
higher tax collection.
A more comprehensive input credit system would avoid’ cascading’ or (or tax-on-tax
effect) - thereby reducing prices and improving the international cost competitiveness
of Indian goods and services. We should keep in mind that if we start with a narrow
base now, it will be difficult to change it later. Changing tax rates also becomes
troublesome in future as vested interest develop. Hence, it is better to go slow, build a
consensus and put a good (though not necessarily ideal) system in place rather than
push through a haphazard compromise hastily. 15
The empowered panel has also approved a Special Purpose Vehicle for creating IT
infrastructure for GST as a not-for Profit Company under section 25 of the Companies
Act. Private sector will hold 51% stake in the SPV and rest will be held jointly by
States and Centre. The proposal will now go to union cabinet for its approval. The
empowered panel had given in-principle clearance for creation of IT infrastructure that
will allow traders all over the country to use their permanent account number as the
tax identification number for all direct and indirect taxes in the country. Having a
common identification number has benefits not just for the taxpayers but also for the
tax authorities as it helps them keep tab on transactions by establishing links with
other tax payments.
The IT infrastructure is crucial for the success of the proposed GST, which will
replace plethora of indirect taxes including excise duty, service tax, value added tax,
octroi Under the National e-Governance Plan (NEGP) launched by the Department of
Information Technology, the Department of Revenue is coordinating a Mission Mode
Project on ‘Commercial Taxes’ (MMP-CT), which is an important e-Governance
initiative in the field of State taxes.
The Union Cabinet in February 2010 has approved Mission Mode Project for
computerization of Commercial Taxes Administrations of State Governments under
NeGP. This project, with an overall cost of 1133 crore, will help States to develop and
upgrade the IT systems in their commercial taxes administrations. The focus of the
project, on the one hand, is to provide improved set of services to the dealers and on
the other, to improve the efficiency of the Commercial Taxes administrations of the
State Governments.
Under this project, Central Government and State Governments are required to share
fund roughly in the ratio of 70:30. However, keeping the Special Category Status of
North Eastern States, this ratio has been fixed at 90:10 (Central share: State
Governments’ share) whereas UTs without Legislature will be funded 100% by
Central Government. A Project Empowered Committee (PEC) under chairmanship of
Revenue Secretary has been constituted for sanctioning of States’ proposals of
computerization of Commercial Taxes Departments.
Recommendations
The government should made policies about the liberalization of the taxes policies
so that they may attract to invest and produce in our country which will benefit us
in many ways, most importantly will increase the GDP ratio prevailing in the
country.
The law and order situation of the country should also be improved which will
result that the foreign investors will not hesitate at all to invest and provide a better
The policy makers should provide the investor friendly environment. There should
be political stability in the country as the uncertain situation will leak out
The imports and exports or trade policies should be more unrestricted which may
ease the investors – both foreign and domestic – to produce goods by importing the
inputs from other countries and for the better tax generation facilities.
Chapter – 5
Conclusion
&
Limitation
Conclusion
Parliament, claiming that the new tax regime will rid the country of tax-terrorism. The tax
regime which was proposed about a decade back as the panacea that would clean up the messy
and complex indirect tax structure of the country, is expected to give India’s GDP a fillip, apart
from boosting exports. “Expected” is the word. While GST has become popular as a ‘One
Nation-One Tax’ formulation, the realities of implementation may be more complicated than
political negotiations in the Parliament. Truth is GST, for which the ruling administration has set
a go-live date of April 1, 2017, is in no way a one-tax rule. As things stand, the Centre has
agreed to subsume excise duty, additional excise duty, service tax, countervailing duty, surcharge
and cess, and central sales tax into the waiting arms of GST. The States have agreed to give up
VAT (sales tax), entertainment tax, luxury tax, taxes on gambling, octroi and entry taxes, cess
and purchase tax. GST will thus replace all of these taxes. The all-important tax rate though
A wait of more than a decade came to an end on August 3, 2016, when the 122nd Constitution
Amendment Bill, 2014 (popularly known as GST Bill) was passed by the Upper House of the
Parliament of India. This is apparently the country’s biggest tax reform since
Independence.Some achievement therefore for the Indian democracy. The new tax regime, which
subsumes all indirect taxes such as sales tax and excise tax, is expected to bring down tax rates in
India, while converting the country into a big single market. In short, now, seamless flow of
goods and services will occur across 29 states and 7 union territories! Many believe the landmark
Goods and Services Tax Bill (GST) passed by the two houses of the Parliament – after years of
back and forth by the ruling party and main opposition (both the present ruling and main
opposition parties have supported and opposed the Bill depending on whether they were in
power or in the opposition) – is a key step that would catapult India into the big league in global
supply chain. The implementation of the Bill is expected to ease India’s cumbersome tax system,
help goods move seamlessly across state borders, curb tax evasion, improve compliance,
increase revenues, spur growth, boost exports, and attract investments by improving ease of
In short, GST when implemented, is expected to perform miracles. But, can it really? And
considering that the Bill still needs to be ratified by at least 13 more state legislatures (over and
above the three states Assam, Bihar and Jharkhand,which had already passed the bill, as on
August 22, 2016) before the President of India can notify the GST Council to decide on the new
tax rate and other issues with respect to GST, will it be a easy journey for the GST to the finish
line?
India is by no means the first country to experiment with a unified tax regime.160 countries
already have some form of GST or a value added tax. What makes GST in India special is that as
opposed to a federally administered regime, the Union and state governments will jointly
administer India’s dual GST. This means it will be a set of many different taxes – a GST for each
of the 29 states and two union territories (SGST), a Central GST (CGST), and an Integrated GST
(IGST; which will be a combine of CGST and SGST on inter-state supplies of goods and
Interestingly, India will be one of the very few countries with a dual GST regime alongside
Canada and Brazil. The all-important rate is yet to be finalised, with the final standard rate
possibly lying between 15% to 27%, though 18% is the rate that seems to be gaining a sort of
consensus amongst pundits. The problem though is that the pundits won’t decide the rate! GST
rate will be decided in the coming months by a GST Council that will prise the Finance Minister
with a representative from each state government. As such it will be negotiated amongst the
Union and state governments that will jointly administer the GST regime. It will still remain
complex and difficult to implement, but would surely make life easier for businesses by cutting
down, or rather combining, the many indirect taxes that companies file in India.
Foreign media has called GST one of the world’s most complex tax reforms that needs to be
supported and serviced by state-of-the-art technology. And Infosys, the Indian software giant,
has already started building a massive electronic infrastructure – a GST portal (GSTP) – where
taxpayers can register, make payments and file returns. It is expected that some 7.5 million
businesses will be covered by the tax. But then there are several questions that have been doing
rounds since the day the Bill was passed in Rajya Sabha. What will really be the impact of GST
on India’s manufacturing and service sectors? What will be a realistic timeframe for its
implementation? How difficult will the implementation process be given the dual nature? What
would be an ideal timeframe by which benefits will be realised? And above all, what will be the
One factor where the industry has clearly been in consensus is that GST being a destination
based tax (where the tax is not applied at the point of production but at the point of supply or
consumption),will make life easier for businesses in India. Companies will not have to file tax
returns with multiple departments, but there will be just one web-based form to file tax returns.
The country will finally become one common market, with uniform pricing across states, and
optimal allocation of resources, making our goods more competitive. “Undoubtedly the most
significant reform since the liberalisation in 1991, GST will transform India’s economic
landscape. Unifying the $2 trillion economy and its 1.3 billion people under a uniform tax code,
makes our country one of the most attractive destinations for business. I am confident that this
game-changing legislation will propel India into a $20 trillion economy in the decades to come,”
says Anil Agarwal, Chairman, Vedanta Group. Apart from this, there will be a very strong
positive impact on the logistics sector. There is no one in India who has not seen the serpentine
queues of goods carrying vehicles standing at inter-state check posts for inspection and payment
of taxes. Even Shaktikanta Das, Economic Affairs Secretary, Ministry of Finance, GoI, is on
record saying that trucks on an average spend 48 hours stranded at different check-posts every
trip.
Limitations
1. The study based on secondary data.
4. The research report is part of course curriculum and I have analyzed the problem with the limited
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