Rajaguru
Rajaguru
Rajaguru
1. 40. 39 Likewise Input tax credit available to Retailer is Rs. 1,078 and Rs.
1,848 in case of without GST and with GST respectively. In case, VAT rate
is also considered to be 12%, the saving to consumer would be 1.15%. Gst
benefits to common man The basis of Goods and Services Tax is the
seamless flow of Input Tax Credit (ITC) along the entire value addition
chain. At every step of the manufacturing process, businesses will have the
option to claim the tax already paid in the previous transaction.
Understanding this process is crucial for businesses. A detailed explanation
here. To understand this, let us first understand what is Input Tax Credit. It
is the credit an individual receives for the tax paid on the inputs used in
manufacturing the product. So, if there is a 10% tax that the individual must
submit to the government, he can subtract the amount he has paid in taxes at
the time of purchase and submit the balance amount to the government.
Understand this with a hypothetical numerical example. Say a shirt
manufacturer pays Rs. 100 to buy raw materials. If the rate of taxes is set at
10%, and there is no profit or loss involved, then he has to pay Rs. 10 as tax.
So, the final cost of the shirt now becomes Rs (100+10=) 110. At the next
stage, the wholesaler buys the shirt from the manufacturer at Rs. 110, and
adds labels to it. When he is adding labels, he is adding value. Therefore, his
cost increases by say Rs. 40. On top of this, he has to pay a 10% tax, and the
final cost therefore becomes Rs. (110+40=) 150 + 10% tax = Rs. 165. Now,
the retailer pays Rs. 165 to buy the shirt from the wholesaler because the tax
liability had passed on to him. He has to package the shirt, and when he does
that, he is adding value again. This time, let’s say his value add is Rs. 30.
Now when he sells the shirt, he adds this value (plus the VAT he has to pay
the government) to tof services 1. Services by an employee to the employer
in the course of or in relation to his employment. 2. Services by any Court or
Tribunal established under any law for the time being in force. 3. Functions
performed by the MPs, MLAs, Members of municipality and Member of
other local authorities. 4. Duties performed by any person who holds any
constitutional post. 5. Duties performed by any person as a Chairperson or a
Member or a Director in a body established by the Central Government or a
State Government or
2. 48. 47 local authority and who is not deemed as an employee before the
commencement of this clause. 6. Services of funeral, burial, crematorium or
mortuary including transportation of the deceased. 7. Sale of land and sale
of building where entire consideration has been received after issuance of
completion certificate. 8. Actionable claims other than lottery, betting and
gambling.
3. 49. 48 List of taxes not covered under GST ✓ Stamp Duty ✓ Electricity
Cess ✓ Extra Entertainment Tax Levied by Local Bodies ✓ Property Tax ✓
Entry Fee at Municipal Corporation Border ✓ Road Tax ✓ Toll Tax ✓ Extra
Excise Duty on Tobacco Products
4. 50. 49 LIMITATION OF GST Why no to gst? For quite some time now, it
has been clear that the people most keen on this “reform” are big
industrialists, especially multinationals. Since they are big, they cannot
evade state or central taxes on goods. Their crib is that they have to compete
with companies in the unorganised sector which often pay no tax. FIRST, as
we noted above, it helps the big more than the small. Since the proposal is
that companies with a turnover of Rs 1.5 crore will have to pay GST, it
means many small companies will end up paying taxes. The big companies
will benefit, as they will now get deductions on the taxes paid by their small
suppliers. Since the initial GST rate could be anywhere from 15-25 percent
(depending on what is left out of its ambit), that’s a huge tax bite for the
small. the key beneficiaries of GST will be sectors such as batteries,
footwear, plywood, electrical appliances, ceramics, adhesives and paints,
where the unorganised sector accounts for 35-70 percent of total market
size.” The latter’s loss will be the gain of their competitors in the organised
sector. SECOND, if the unorganised sector is going to lose some of its
competitive edge initially, it means there will be pressures for layoffs in
companies that can’t compete as a result of GST implementation. In the
short run, GST may end up costing jobs till the smaller companies learn to
compete. And small companies are the biggest job creators anywhere in the
world. THIRD, if we assume that those evading excise (legally or otherwise)
currently will henceforth start paying the tax, it means they have to raise
prices to stay
5. 51. 50 profitable. Taxes up, prices up. In the short-term, GST may boost the
prices of some segments of the economy. Beside above mentioned, some
other reason Businesses Need to Overcome in the GST Regime, ✓ Change
in Business Software ✓ GST Compliance ✓ Increase in Operating Costs ✓
Policy Change During the Middle of the Year ✓ Online Procedure ✓ Higher
Tax Burden for Manufacturing SMEs ✓ No Clarity on Tax Holidays ✓
Disruption to Business
6. 52. 51 CONCLUSION From the above discussion, it is clear that GST is
basically an indirect tax that brings most of the taxes imposed on most
goods and services, on manufacture, sale and consumption of goods and
services, under a single domain at the national level. In the present system,
taxes are levied separately on goods and services. The GST is a consolidated
tax based on a uniform rate of tax fixed for both goods and services and it is
payable at the final point of consumption. At each stage of sale or purchase
in the supply chain, this tax is collected on value- added goods and services,
through a tax credit mechanism Introduction of the Value Added Tax (VAT)
at the Central and the State level has been considered to be a major step – an
important breakthrough – in the sphere of indirect tax reforms in India. If the
VAT is a major improvement over the pre-existing Central excise duty at
the national level and the sales tax system at the State level, then the Goods
and Services Tax (GST) will indeed be a further significant improvement –
the next logical step – towards a comprehensive indirect tax reforms in the
country. Once GST is implemented, most of the current challenges of this
move will be a story of the past. India will become a single market where
goods can move freely and there will lesser compliances to deal with for
businesses. The benefits of GST will definitely outweigh the disadvantages
of GST.
7. 53. 52 RECOMMENDATION Some suggestions for better administrative
way to handle and implement of goods and service tax act in India are: - •
Standardization of systems and procedure • Tax relief in case of branch
transfer • Well defined procedures in case of job works • Uniform dispute
settlement procedure • Adequate training for both tax payers and tax
enforcers • Re-organization of administrative machinery for GST
implementation • Building information technology backbone – the single
most important initiative for GST implementation • Uniform
implementation of GST should be ensured across all states (unlike the
staggered implementation of VAT) as many issues might arise in case of
transactions between states who comply with GST and states who are not
complying with GST.
8. 54. 53 REFERENCE • Mehra, P (2015) Modi govt.’s model for GST may
not result in significant growth push. The Hindu. • Girish Garg, (2014),
“Basic Concepts and Features of Good and Service Tax in India • Nitin
Kumar (2014), “Goods and Service Tax in India-A Way Forward”, “Global
Journal of Multidisciplinary Studies”, Vol 3, Issue6, May 2014. •
https://cleartax.in/s/gst-law-goods-and-services-tax •
http://www.cbec.gov.in/htdocs-cbec/gst •
https://en.wikipedia.org/wiki/Goods_and_Services_Tax_(India) •
http://economictimes.indiatimes.com/gst • http://www.business-
standard.com/search?type=news&q=Gst •
http://www.financialexpress.com/economy/what-is-gst-act-2017-full-
details- specifications-pdf-rules-forms-and-faqs/743156/ •
http://newsonair.nic.in/GST_FAQ •
http://www.thehindubusinessline.com/multimedia/archive/03166/GST_rate_
sc hedule__3166109a.pdf • https://www.quora.com/What-is-the-main-
purpose-of-implementing-GST-in- India • https://www.studydhaba.com/gst-
slabs-pdf-download-gst-rates-structure/
9. 55. 54
23.he final cost. So, the cost of the shirt becomes Rs. 214.5 Let us see a
breakup for this: Cost = Rs. 165 + Value add = Rs. 30 + 10% tax = Rs. 195
+ Rs. 19.5 = Rs. 214.5
24. 41. 40 So, the customer pays Rs. 214.5 for a shirt the cost price of which
was basically only Rs. 170 (Rs 110 + Rs. 40 + Rs. 30). Along the way the
tax liability was passed on at every stage of transaction and the final liability
comes to rest with the customer. This is called the Cascading Effect of
Taxes where a tax is paid on tax and the value of the item keeps increasing
every time this happens. Action Cost 10% Tax Total Buys Raw Material @
100 100 10 110 Manufactures @ 40 150 15 165 Adds value @ 30 195 19.5
214.5 Total 170 44.5 214.5 In the case of Goods and Services Tax, there is a
way to claim credit for tax paid in acquiring input. What happens in this
case is, the individual who has paid a tax already can claim credit for this
tax when he submits his taxes. In our example, when the wholesaler buys
from the manufacturer, he pays a 10% tax on his cost price because the
liability has been passed on to him. Then he adds value of Rs. 40 on his cost
price of Rs. 100 and this brings up his cost to Rs. 140. Now he has to pay
10% of this price to the government as tax. But he has already paid one tax
to the manufacturer. So, this time what he does is, instead of paying Rs
(10% of 140=) 14 to the government as tax, he subtracts the amount he has
paid already. So, he deducts the Rs. 10 he paid on his purchase from his new
liability of Rs. 14, and pays only Rs. 4 to the government. So, the Rs. 10
becomes his input credit. When he pays Rs. 4 to the government, he can
pass on its liability to the retailer. So, the retailer pays Rs. (140+14=) 154 to
him to buy the shirt. At the next stage, the retailer adds value of Rs. 30 to his
cost price and has to pay a 10% tax on it to the government. When he adds
value, his price becomes Rs. 170. Now, if he had to pay 10% tax on it, he
would pass on the liability to the
25. 42. 41 customer. But he already has input credit because he has paid Rs.14
to the wholesaler as the latter’s tax. So, now he reduces Rs. 14 from his tax
liability of Rs. (10% of 170=) 17 and has to pay only Rs. 3 to the
government. And therefore, he can now sell the shirt for Rs. (140+30+17)
187 to the customer. Action Cost 10% Tax Actual Liability Total Buys Raw
Material 100 10 10 110 Manufactures @ 40 140 14 4 154 Adds Value @ 30
170 17 3 187 Total 170 17 187 In the end, every time an individual was able
to claim input tax credit, the sale price for him reduced and the cost price for
the person buying his product reduced because of a lower tax liability. The
final value of the shirt also therefore reduced from Rs. 214.5 to Rs. 187, thus
reducing the tax burden on the final customer. So essentially, Goods &
Services Tax is going to have a two-pronged benefit. One, it will reduce the
cascading effect of taxes, and second, by allowing input tax credit, it will
reduce the burden of taxes and, hopefully, prices.
26. 43. 42 Impact of GST OVERALL GST IMPACT: - a) Change in law and
procedure: Since it is a major indirect tax reform in India, there would be
new legislations and procedures. The entire indirect tax code would be a
new one. b) Change in tax-rates: The standard rate of 12.5 % for central
excise, Service tax, along with residuary rate of VAT at 12.5-14.5% brings
the overall rate to 25%-30%. But, post GST, the general rate will be 18%; a
net gain of almost 7%-12%. Most of the dealers and consumers would
experience the change in tax rates, either significantly or marginally. When
the tax rates are increased for some products it could lead to tax evasion as
well. c) GST based on HSN: The central excise tariff based classification
would no longer be applicable. It would reduce the interpretational issues in
respect of class of commodities. d) Availment of tax credit: GST would
facilitate near seamless credit across the entire supply chain and across all
States under a common tax base. At present no cross credits are available
across central excise/service tax to local VAT/sales tax. Under the GST law,
the input tax credit (ITC) (set off) would be given for Central GST against
CGST and the States would give input tax credit (ITC) SGST to SGST.
Cross- utilization of credit between Central GST and State GST would not
be allowed. e) Credit availment based on vendor’s invoices: The credit of
excise duty paid is available based on the excise invoice raised by
manufacturer or service provider. The credit is available under the Service
Tax law when the invoice amount is paid within 3 months of the invoice
date. In respect of joint charge and reverse charge, based on receipt of
payment on the basis of payment challans of the assessee. Under State VAT
law, credit is allowable on the basis of tax invoice. Under GST the credits
could be availed based on the invoices of vendors under CGST and SGST.
But the onus may shift onto the assessee to ensure that the
27. 44. 43 amount of the CGST/SGST has been deposited in the respective
Government treasury by the vendor. This provision has been added to bring
in tax discipline but smaller businesses may find transaction cost increasing
due to this. f) Avoidance of Double Taxation: Presently, several transactions
suffer VAT as well as Service Tax such as works contract or licensing of
software. This could be resolved under the GST regime by redefining what
is goods and service. g) Changes in the Accounting Software: Dealers and
service providers need to modify/replace the accounting and taxation
software. Initially there could be investment costs, costs of training in GST
of people at each level starting from junior/mid to higher level managerial
staff, management group/stakeholders. h) Training: Comprehensive training
would be required to the staff members of the business community, both at
senior level and also at junior level across the purchase, sales and finance
functions. VAT + CE/ ST officers would also need to understand the law
well. i) Competent Professionals: There are specialized consultants for
Excise Duty, Service Tax and VAT. With the GST, only a single consultant
maybe required who can handle all GST matters. Compliance for the SME
may necessitate competent tax preparers j) Amending existing contracts:
Assessees have to incorporate an extra clause in the existing contracts to
collect CGST and SGST as applicable.
28. 45. 44 ON INDIA: - Goods and Services Tax (GST) is expected to provide
the much-needed stimulant for economic growth in India by transforming
the existing basis of indirect taxation towards free flow of goods and
services within the economy and also eliminating the cascading effect of tax
on tax. In view of the important role that India is expected to play in the
world economy in the years to come, the expectation of GST being
introduced is high not only within the country, but also in neighbouring
countries and in developed economies of the world. Some of the imp
impacts are: - a) Increased FDI: The flow of Foreign Direct Investments
may increase once GST is implemented as the present complicated/ multiple
tax laws are one of the reasons foreign Companies are wary of coming to
India in addition to widespread corruption. (b) Growth in overall revenue: It
is estimated that India could get revenue of $15 billion per annum by
implementing the Goods and Services Tax as it would promote exports,
raise employment and boost growth. Over a period, the dilution of the
principles may see that only part of this is accruing. (c) Single point
taxation: Uniformity in tax laws will lead to single point taxation for supply
of goods or services all over India. This increases the tax compliance and
more assesses will come into tax net. (d) Simplified tax laws: This reduces
litigation and waste of time of the judiciary and the assessee due to frivolous
proceedings at various levels of adjudication and appellate authorities.
Present law appears to be much worse and an amalgam of the bad parts of
VAT/ ST/ CE.
29. 46. 45 (e) Increase in exports and employment: GST could also result in
increased employment, promotion of exports and consequently a significant
boost to overall economic growth and factors of production -land labour and
capital. ON INDIAN ECONOMY: - • Reduce tax burden on producers and
foster growth through more production. This double taxation prevents
manufacturers from producing to their optimum capacity and retards
growth. GST would take care of this problem by providing tax credit to the
manufacturer. • Various tax barriers such as check posts and toll plazas lead
to a lot of wastage for perishable items being transported, a loss that
translated into major costs through higher need of buffer stocks and
warehousing costs as well. A single taxation system could eliminate this
roadblock for them. • A single taxation on producers would also translate
into a lower final selling price for the consumer. • Also, there will be more
transparency in the system as the customers would know exactly how much
taxes they are being charged and on what base. • GST would add to
government revenues by widening the tax base. • GST provides credits for
the taxes paid by producers earlier in the goods/services chain. This would
encourage these producers to buy raw material from different registered
dealers and would bring in more and more vendors and suppliers under the
purview of taxation. • GST also removes the custom duties applicable on
exports. Our competitiveness in foreign markets would increase on account
of lower cost of transaction.
30. 47. 46 • The proposed GST regime, which will subsume most central and
state-level taxes, is expected to have a single unified list of
concessions/exemptions as against the current mammoth exemptions and
concessions available across goods and services The introduction of Goods
and Services Tax would be a very noteworthy step in the field of indirect tax
reforms in India. By amalgamating a large number of Central and State
taxes into a single tax, it would alleviate 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 would be in terms of
reduction in the overall tax burden on goods and services. Introduction of
GST would also make Indian products competitive in the domestic and
international markets. Last but not the least, this tax, because of its
transparent character, would be easier to administer. However, once
implemented, the system holds great promise in terms of sustaining growth
for the Indian economy. Negative list under GST Schedule III: -Activities or
transactions which shall be treated neither as a supply of goods nor a supply
of services 1. Services by an employee to the employer in the course of or in
relation to his employment. 2. Services by any Court or Tribunal established
under any law for the time being in force. 3. Functions performed by the
MPs, MLAs, Members of municipality and Member of other local
authorities. 4. Duties performed by any person who holds any constitutional
post. 5. Duties performed by any person as a Chairperson or a Member or a
Director in a body established by the Central Government or a State
Government or
31. 48. 47 local authority and who is not deemed as an employee before the
commencement of this clause. 6. Services of funeral, burial, crematorium or
mortuary including transportation of the deceased. 7. Sale of land and sale
of building where entire consideration has been received after issuance of
completion certificate. 8. Actionable claims other than lottery, betting and
gambling.
32. 49. 48 List of taxes not covered under GST ✓ Stamp Duty ✓ Electricity
Cess ✓ Extra Entertainment Tax Levied by Local Bodies ✓ Property Tax ✓
Entry Fee at Municipal Corporation Border ✓ Road Tax ✓ Toll Tax ✓ Extra
Excise Duty on Tobacco Products
33. 50. 49 LIMITATION OF GST Why no to gst? For quite some time now, it
has been clear that the people most keen on this “reform” are big
industrialists, especially multinationals. Since they are big, they cannot
evade state or central taxes on goods. Their crib is that they have to compete
with companies in the unorganised sector which often pay no tax. FIRST, as
we noted above, it helps the big more than the small. Since the proposal is
that companies with a turnover of Rs 1.5 crore will have to pay GST, it
means many small companies will end up paying taxes. The big companies
will benefit, as they will now get deductions on the taxes paid by their small
suppliers. Since the initial GST rate could be anywhere from 15-25 percent
(depending on what is left out of its ambit), that’s a huge tax bite for the
small. the key beneficiaries of GST will be sectors such as batteries,
footwear, plywood, electrical appliances, ceramics, adhesives and paints,
where the unorganised sector accounts for 35-70 percent of total market
size.” The latter’s loss will be the gain of their competitors in the organised
sector. SECOND, if the unorganised sector is going to lose some of its
competitive edge initially, it means there will be pressures for layoffs in
companies that can’t compete as a result of GST implementation. In the
short run, GST may end up costing jobs till the smaller companies learn to
compete. And small companies are the biggest job creators anywhere in the
world. THIRD, if we assume that those evading excise (legally or otherwise)
currently will henceforth start paying the tax, it means they have to raise
prices to stay
34. 51. 50 profitable. Taxes up, prices up. In the short-term, GST may boost the
prices of some segments of the economy. Beside above mentioned, some
other reason Businesses Need to Overcome in the GST Regime, ✓ Change
in Business Software ✓ GST Compliance ✓ Increase in Operating Costs ✓
Policy Change During the Middle of the Year ✓ Online Procedure ✓ Higher
Tax Burden for Manufacturing SMEs ✓ No Clarity on Tax Holidays ✓
Disruption to Business
35. 52. 51 CONCLUSION From the above discussion, it is clear that GST is
basically an indirect tax that brings most of the taxes imposed on most
goods and services, on manufacture, sale and consumption of goods and
services, under a single domain at the national level. In the present system,
taxes are levied separately on goods and services. The GST is a consolidated
tax based on a uniform rate of tax fixed for both goods and services and it is
payable at the final point of consumption. At each stage of sale or purchase
in the supply chain, this tax is collected on value- added goods and services,
through a tax credit mechanism Introduction of the Value Added Tax (VAT)
at the Central and the State level has been considered to be a major step – an
important breakthrough – in the sphere of indirect tax reforms in India. If the
VAT is a major improvement over the pre-existing Central excise duty at
the national level and the sales tax system at the State level, then the Goods
and Services Tax (GST) will indeed be a further significant improvement –
the next logical step – towards a comprehensive indirect tax reforms in the
country. Once GST is implemented, most of the current challenges of this
move will be a story of the past. India will become a single market where
goods can move freely and there will lesser compliances to deal with for
businesses. The benefits of GST will definitely outweigh the disadvantages
of GST.
36. 53. 52 RECOMMENDATION Some suggestions for better administrative
way to handle and implement of goods and service tax act in India are: - •
Standardization of systems and procedure • Tax relief in case of branch
transfer • Well defined procedures in case of job works • Uniform dispute
settlement procedure • Adequate training for both tax payers and tax
enforcers • Re-organization of administrative machinery for GST
implementation • Building information technology backbone – the single
most important initiative for GST implementation • Uniform
implementation of GST should be ensured across all states (unlike the
staggered implementation of VAT) as many issues might arise in case of
transactions between states who comply with GST and states who are not
complying with GST.
37. 54. 53 REFERENCE • Mehra, P (2015) Modi govt.’s model for GST may
not result in significant growth push. The Hindu. • Girish Garg, (2014),
“Basic Concepts and Features of Good and Service Tax in India • Nitin
Kumar (2014), “Goods and Service Tax in India-A Way Forward”, “Global
Journal of Multidisciplinary Studies”, Vol 3, Issue6, May 2014. •
https://cleartax.in/s/gst-law-goods-and-services-tax •
http://www.cbec.gov.in/htdocs-cbec/gst •
https://en.wikipedia.org/wiki/Goods_and_Services_Tax_(India) •
http://economictimes.indiatimes.com/gst • http://www.business-
standard.com/search?type=news&q=Gst •
http://www.financialexpress.com/economy/what-is-gst-act-2017-full-
details- specifications-pdf-rules-forms-and-faqs/743156/ •
http://newsonair.nic.in/GST_FAQ •
http://www.thehindubusinessline.com/multimedia/archive/03166/GST_rate_
sc hedule__3166109a.pdf • https://www.quora.com/What-is-the-main-
purpose-of-implementing-GST-in- India • https://www.studydhaba.com/gst-
slabs-pdf-download-gst-rates-structure/
38. 55. 54