2nd Chapter GST Notes
2nd Chapter GST Notes
CHAPTER -1
GOODS AND SERVICE TAX-FRAMEWORK AND DEFINITIONS
PREPARED BY-PROF ASHA T
INTRODUCTION TO GST
France was the first country to implement GST in 1954. Now, more than 164
countries across the world have adopted GST. Most of the countries, depending
upon on their own socio-economic status introduced national level GST or Dual
GST. Further, the GST journey in India began in the year 2000, when a
committee was setup to draft law. It took 17 years from then for the Law to
evolve. In 2017 the GST Bill was passed in the Lok Sabha and Rajya Sabha. On
1st July 2017 the GST Law came into force in India.
The introduction of Goods and Services Tax (GST) in India is a significant step
in the field of indirect tax reforms. By amalgamating a large number of Central
and State taxes into a single tax, it would mitigate cascading or double taxation
in a major way and pave the way for a common national market. From the
consumer point of view, the biggest advantage will be in terms of a reduction in
the overall tax burden on goods & services. GST will also make Indian products
competitive in the domestic and international market. It will have a boosting
impact on the economic growth. Last but not the least, this tax, because of its
transparency and self-policing character, would be easier to administer.
Meaning of GST
• In simple words, Goods and Service Tax (GST) is an indirect tax levied
on the supply of goods and services. This law has replaced many indirect
tax laws that previously existed in India.
• According to Goods and Services Tax (GST) Act, 2017, GST means tax
on supply of goods or services or both, except taxes on supply of
alcoholic liquor for human consumption and petroleum products.
• In other words, GST is a consumption-based tax ultimately borne by the
end consumer of a goods or service. Throughout the value chain,
businesses and consumers pay GST on their purchases.
Objectives of GST
GST, or Goods and Services Tax, is a comprehensive indirect tax levied on the supply
of goods and services across India. The main objectives of implementing GST are:
Features of GST
1. Single Taxation System: GST replaces multiple indirect taxes such as central
excise duty, service tax, VAT, etc., with a single tax system, thereby simplifying
the tax structure.
2. Dual Model: GST operates on a dual model, wherein both the central and
state governments have the authority to levy and collect taxes on the supply
of goods and services. This ensures revenue autonomy for both levels of
government.
3. Destination-Based Taxation: GST follows a destination-based taxation
principle for interstate transactions, where the tax revenue is collected by the
state where the goods or services are consumed, promoting a fair distribution
of tax revenue among states.
4. Input Tax Credit (ITC): One of the fundamental features of GST is the
availability of input tax credit, which allows businesses to claim credits for the
taxes paid on inputs used in the production process. This mechanism prevents
the cascading effect of taxes and reduces the overall tax burden on
businesses.
5. Comprehensive Tax Base: GST has a broad tax base, covering both goods
and services, which helps in expanding the tax revenue and reducing tax
evasion by bringing previously untaxed sectors into the tax net.
6. Threshold Exemption: GST provides threshold exemptions for small
businesses, allowing them to be exempted from GST registration and
compliance if their turnover falls below a certain threshold limit, thereby
reducing compliance burden for small businesses.
7. Multiple Tax Slabs: GST categorizes goods and services into different tax
slabs - 5%, 12%, 18%, and 28%, along with certain items taxed at 0% and
exempt from GST. This ensures that essential goods and services are taxed at
lower rates while luxury items attract higher taxes.
8. Online Compliance: GST compliance procedures such as registration, filing
returns, payment of taxes, etc., are conducted online through the GSTN
(Goods and Services Tax Network) portal, making the process more
convenient and transparent.
9. Anti-Profiteering Mechanism: GST incorporates an anti-profiteering
mechanism to ensure that the benefits of reduced tax rates or input tax credits
are passed on to the end consumers, thereby preventing undue enrichment
by businesses.
10. Continuous Monitoring and Feedback: GST is designed to be dynamic and
subject to continuous monitoring and feedback, allowing for periodic revisions
and improvements in the tax structure based on the evolving needs of the
economy.
Benefits of GST
The cascading effect of taxes refers to the situation where taxes are levied on
taxes, resulting in the taxation of the same product or service multiple times at
different stages of production and distribution. This phenomenon leads to an
inflated tax burden on goods and services, ultimately increasing the prices paid
by consumers.
In the context of the Goods and Services Tax (GST), the cascading effect
primarily arises from the absence of input tax credits under the previous indirect
tax regime. Under GST, input tax credit (ITC) is a key feature that allows
businesses to claim credits for the taxes paid on inputs (such as raw materials,
goods, and services) used in the production process. This means that businesses
can deduct the taxes paid on inputs from the taxes they owe on their final
output.
The elimination of the cascading effect of taxes under GST has several benefits,
including:
"Subsumed under GST" refers to the process by which various existing indirect
taxes were absorbed or incorporated into the Goods and Services Tax (GST)
regime when it was implemented in India. Under GST, several pre-existing
taxes at both the central and state levels were subsumed into the new tax
structure.
1. Central Taxes:
• Central Excise Duty
• Additional Excise Duties
• Additional Customs Duty (commonly known as Countervailing
Duty - CVD)
• Special Additional Duty of Customs (SAD)
• Service Tax
• Central Sales Tax (CST)
• Central Surcharge and Cess
2. State Taxes:
• Value Added Tax (VAT)
• Sales Tax
• Entertainment Tax
• Luxury Tax
• Taxes on Lottery, Betting, and Gambling
• Entry Tax (not levied by all states)
When GST was introduced on July 1, 2017, these taxes were replaced by the
new unified tax system. This consolidation of taxes aimed to streamline the
taxation system, eliminate the cascading effect of taxes, reduce tax evasion, and
create a unified market across the country.
GST COUNCIL
This multi-tiered structure of GST ensures that both the central and state
governments have a share in the revenue generated from the taxation of
goods and services, while also facilitating seamless interstate trade and
commerce.
GST ACTS
In India, the Goods and Services Tax (GST) regime is governed by
several Acts that outline the legal framework for the levy and collection
of GST. Here are the key Acts related to GST:
1. Central Goods and Services Tax (CGST) Act, 2017: This Act provides
for the levy and collection of GST by the central government on intra-
state supplies of goods and services. It covers various aspects such as the
scope of supply, registration, payment of tax, input tax credit, and
administrative procedures.
2. Integrated Goods and Services Tax (IGST) Act, 2017: The IGST Act
deals with the levy and collection of GST by the central government on
inter-state supplies of goods and services, including imports and exports.
It provides for the determination of place of supply, treatment of zero-
rated supplies, and settlement of IGST between the central and state
governments.
3. Union Territory Goods and Services Tax (UTGST) Act, 2017: This
Act enables the levy and collection of GST by the Union Territories with
legislatures on intra-UT supplies of goods and services. It is similar to the
CGST Act but applies to Union Territories instead of states.
4. State Goods and Services Tax (SGST) Act, 2017: Each state in India
has its own SGST Act, which provides for the levy and collection of GST
by the respective state government on intra-state supplies of goods and
services. The SGST Act mirrors the CGST Act but applies at the state
level.
5. Goods and Services Tax (Compensation to States) Act, 2017: This Act
provides for the levy of a compensation cess on certain goods and
services to compensate states for any revenue loss arising from the
implementation of GST for a transition period of five years. The revenue
generated from this cess is used to compensate states for any shortfall in
their GST revenue.
6. GST (Compensation to States) Amendment Act, 2018: This Act
amended the Goods and Services Tax (Compensation to States) Act,
2017, to extend the period for levying the compensation cess beyond the
initial five years.
CONCULSION
These Acts, along with rules, notifications, and circulars issued by the
government and the GST Council, form the legal framework for GST in
India. They govern various aspects of GST administration, compliance,
and enforcement, ensuring a smooth and effective implementation of the
tax regime.
Orientation to CGST,SGST/UTGST and IGST
CGST
The Central Goods and Services Tax Act, 2017 has been enacted to make
a provision for levy and collection of Tax on Intra-State Supply of Goods
or Services or both by the Central Government and the matters connected
therewith or incidental thereto.
Features
1.Central government has power to notify GST rates under CGST Act.
1a. Every supplier shall be liable to be registered in the state or union
territory (other than special category states) from where he makes supply
of goods or services or both, if his aggregate turnover in a financial year
exceeds Rs.20 lakhs. (In case of a person, who is engaged in exclusive
supply of goods, limit of 20 lakhs has been increased to 40 lakhs WEF
1.4.2019)
In case of special category states viz., Tripura, Nagaland, Uttarakhand,
Sikkim, Himachal Pradesh, Arunachal Pradesh, Assam, Manipur,
Meghalaya, Mizoram and Jammu and Kashmir, registration is required, if
his aggregate turnover exceeds Rs. 10 lakhs.
3.A business entity with turnover up to Rs. 150 lakhs can avail the benefit
of a composition scheme under which it has to pay a much lower rate of
tax and has to fulfil very minimal compliance requirements.
4.In order to prevent cascading of taxes, ITC would be admissible on all
goods and services used in the course or furtherance of business.
5. A taxpayer can use the CGST/SGST input tax credit for payment of
IGST. Such payments are to be made in a pre-defined order. (i.e., ITC of
SGST can be used for payment of SGST first and balance for payment of
IGST on outward supply. ITC of CGST can be used for payment of
CGST first and balance for payment of IGST on outward supply. ITC of
IGST can be used for payment of IGST first, CGST second and balance
for payment of SGST on outward supply.)
The liability to pay CGST in relation to supply of goods and services will
arise on the date of:
(i) issue of invoice
(ii) receipt of payment, whichever is the earlier.
6.Every taxpayer shall be assigned a GST compliance rating score based
on his record of compliance. The compliance rating score will be updated
at periodic intervals and be placed in the public domain.
7. Any taxpayer may apply for refund of taxes in cases including:(1)
payment of taxes in excess or(ii) unutilized input tax credit.Upon such
application, the refund may be credited to the taxpayer or to a Consumer
Welfare Fund.The Fund will be used for the purpose of consumer welfare.
8. Every taxpayer would have to self-assess and file tax returns on a
monthly basis by submitting:(1) details of supplies provided, (ii) details
of supplies received and(iii) payment of tax.
9.To mitigate the financial hardships suffered by the tax payer, The
commissioner is empowered to permit the taxpayers to pay GST in
instalments.
SGST
Each state has passed its own SGST Act, 2017. The SGST Act of each
state is virtually a copy of CGST Act. Even section numbers and sub-
section numbers are same. Rules and notifications are also Identical. The
only change is in respect of mention of state authority instead of central
authority and state tax instead of central tax.
List of States Passed State GST Act 2017
Telangana is the first State to pass the GST Bill while other 12 States
passed the Bill immediately Indudes Bihar, Rajasthan, Jharkhand,
Chhattisgarh, Uttarakhand, Madhya Pradesh, Haryana, Goa, Gujarat,
Maharashtra and Arunachal Pradesh. The remaining States/UTs (with
Legislative Assembly) tock its own time to pass the State GST Bill
1. Telangana on April 9, 2017
2. Bihar on April 24, 2017
3. Rajasthan on April 26, 2017
4. Jharkhand on April 27, 2017
5. Chhattisgarh on April 28, 2017
6. Uttarakhand on May 2, 2017
7. Madhya Pradesh on May 3, 2017
8. Haryana on May 4, 2017
9. Gujarat May 9, 2017
10. Goa on May 9, 2017
Odisha May 11, 2017
12. Assam May 11, 2017
13. Arunachal Pradesh May 12, 2017
14. Uttar Pradesh on 16th May 2017
15. Andhra Pradesh on 16th May 2017
16. Maharashtra 22 May 2017
17. Tripura 24 May 2017
18. Sikkim on 25th May 2017
19. Mizoram on 26th May 2017
20.Nagaland on 27th May 2017
21. Himachal Pradesh on 27th May 2017
Delhi on 31st May 2017
23. Manipur on 5th June 2017
24. Meghalaya on 12th June 2017
25. Karnataka on 16th June 2017
26. Punjab on 19th June 2017
27. Tamil Nadu on 19th June 2017
28. West Bengal take ordinance route for GST on 15th June 2017
29. Kerala take ordinance route for GST on 21st June 2017
UTGST
The Union Territory Goods and Services Tax Bill, 2017 was introduced in
Lok Sabha on March 27, 2017. The Bill provides for the levy of the
Union Territory Goods and Services Tax (UTGST)
Note: India is a Union of States. The territory of India comprises of the
territories of the States and the Union Territories. Currently, there are 29
States and 7 Union Territories; of which, two (Delhi and Puducherry) are
having Legislature.
The center will levy UTGST on the supply of goods and services within
the boundary of a union territory. Further, the union territories, which do
not have legislature, UTGST will be payable. These union territories are -
Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli,
Daman and Diu, Chandigarh and other territories (means area inside the
sea between 12 nautical miles to 200 nautical miles inside the sea. Other
territory does not cover Jammu and Kashmir).
New Delhi and Puducherry will enjoy the SGST provisions as both states
have their separate legislatures and have also been considered as the
states by the GST council.
The provisions of the Central Goods and Services Tax Act, 2017 apply to
this Act. Such provisions include:
(i) Time and value of supply,
(ii) Composition levy,
(iii) Registration,
(iv) Returns,
(v) Payment of tax,
(vi) Assessment,
(vii) Refunds,
(vili) Inspection,
(ix) Search and seizure
(x) Advance ruling,
(xi) Appeals and offences.
All officers of Police, Railways, Customs and those officers engaged in
the collection of land revenue, including village officers and officers of
central tax will assist the tax administrative officers in the implementation
of this Act. The central government has the power to notify GST
rates under UTGST Act.
IGST
The Integrated Goods and Services Tax Bill was introduced in Lok Sabha
on March 27, 2017, The Bill provides for the levy of the Integrated
Goods and Services Tax (IGST) by the centre on inter-state supply of
goods and services.
1.Existing CST (Central state tax, tax on interstate movement of goods)
shall be discontinued
2.The centre will levy IGST in the case of (i) inter-state supply of goods
and services, () imports and exports and (iii) supplies to and from special
economic zones. Supply includes sale, transfer, exchange and lease made
for a consideration to further a business. In addition, IGST will be levied
on any supply which will not fall under the purview of the Central and
State GST Acts
3.The IGST revenue collected by the centre will be apportioned between
the centre and to the state where the supply of goods or services was
received. The collected revenue will be apportioned to the centre at tax
rate specified in the CGST Act. The rest will be apportioned to the state.
IGST is intermediary tax mainly on B2B transactions. It is not envisaged
as final tax, since inputtax credit of IGST will be available to recipient in
another state.
5. If IGST is paid on B2C transaction, the state where
goods/services/both is consumed will get theirshare of SGST.
6. IGST rate is double the CGST rate and will be uniform all over India
7.Since ITC of SGST shall be allowed, the Exporting State will transfer
to the Centre the credit of SGST used in payment of IGST. The Importing
dealer will claim credit of IGST while discharging his SGST liability
(while selling the goods in state itself). Thereafter, the Centre will transfer
to the importing State the credit of IGST used in payment of SGST.
8. The relevant information shall be submitted to the Central Agency
which will act as a clearing house mechanism, verify the claims and
inform the respective state governments or central government to transfer
the funds.
9. The provisions of the CGST Act with respect to registration, valuation,
time of supply of goods and services, returns, refunds, prosecution,
appeals will be applicable to the IGST Act.
10. IGST will be payable on inter-state stock transfers,
branch transfers etc.