12.07.2017 Views

GST concept July '17

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

<strong>GST</strong><br />

(Goods & Services Tax)<br />

—Concept & Impact<br />

Presented by<br />

Anand Chhabra<br />

Former Chief Commissioner<br />

Customs, Central Excise & Service Tax<br />

+91 98718 55829


In Praise of <strong>GST</strong><br />

The Goods & Services Tax is here.<br />

Most other taxes will disappear.<br />

One massive overhaul.<br />

One tax to rule them all,<br />

Till the slabs and<br />

Exemptions appear.


Indirect Taxation<br />

—The Present<br />

v Inefficient and distortionary Cascading (burden of "tax on tax”):<br />

Lowers productivity, resources are misallocated, hampers<br />

economic growth<br />

v Inhibits voluntary compliance as taxation regimens confusing to the<br />

tax payer & to the tax collector<br />

v Plethora of tax laws; rates; agencies; processes in different States<br />

v Chaotic, for lack of synchronization in the taxation regimens of<br />

Centre & the States<br />

v Huge wastage of time & effort involved in tax collection<br />

v Limited number of taxpayers, so the honest ones are at a<br />

disadvantage; huge tax evasion


<strong>GST</strong> Features 1<br />

v A destination-based tax on consumption of goods & services. To be<br />

levied at all stages right from manufacture up to final retail sale (before<br />

consumption) with credit of taxes paid at previous stage available as<br />

setoff. In sum, only value addition is taxed & the burden of tax is entirely<br />

borne by the final consumer<br />

v The tax to accrue to the taxing authority having jurisdiction over the<br />

place of consumption or place of supply. ‘Supply’ includes sale, transfer,<br />

barter, exchange, licence, rental, disposal for a consideration<br />

v Replaces origin-based multiple taxes on manufacture, distribution, sale,<br />

services; dual taxation ‘goods’ & ‘services’; MRP based valuation<br />

v A robust, uniform & comprehensive tax, removes differentiation as<br />

goods & services move through the supply chain<br />

v Standard slabs: 0% (0-2), 5% (3-8) 7%, 12% (9-14) 28%, 18% (15-20)<br />

31%; 28% (21 & above) 25% (% of tax base)<br />

v One country, One tax


<strong>GST</strong> Features 2<br />

v Proposes to subsume the following indirect taxes levied by the<br />

Centre on goods & services:<br />

Central Excise; Duties of Excise (Medicinal and Toilet<br />

Preparations); Additional Duties of Excise (Goods of Special<br />

Importance); Additional Duties of Excise (Textiles and Textile<br />

Products; Additional Duties of Customs (commonly known as<br />

CVD); Special Additional Duty of Customs (SAD); Service Tax;<br />

Central Surcharges and Cesses<br />

v Proposed to subsume the following indirect taxes levied by the<br />

States on goods & services:<br />

State VAT; Central Sales Tax; Purchase Tax; Luxury Tax; Entry Tax<br />

(all forms); Entertainment and Amusement Tax (except those levied<br />

by the local bodies); Taxes on advertisements; Taxes on lotteries,<br />

betting and gambling; State Cesses & Surcharges


<strong>GST</strong> Features 3—ITC<br />

v Full Input Tax Credit (ITC) on capital goods on one go<br />

v Proportionate credits allowed in case inputs, inputs services &<br />

capital goods are partly used for business & partly for non-business<br />

purposes<br />

v Proportionate credits allowed in case inputs, inputs services and<br />

capital goods are used for taxable including zero rated and exempt<br />

(including non-taxable) supplies<br />

v ITC cannot be availed after filing of return for the month of<br />

September of next Financial Year or filing of Annual Return<br />

v ITC available only on provisional basis for a period of two months<br />

until payment of tax and filing of valid return by the supplier<br />

v Matching of supplier’s and recipient’s invoice details<br />

ü ITC to be confirmed only after matching of such information<br />

ü ITC to be reversed in case of mis-match<br />

v Input Service Distributor mechanism for distribution of ITC of input<br />

services


<strong>GST</strong> Features 4—I<strong>GST</strong><br />

v The Centre to collect I<strong>GST</strong> (=C<strong>GST</strong>+S<strong>GST</strong>) on all inter-State<br />

supplies<br />

v The inter-State supplier would adjust credit of I<strong>GST</strong>, C<strong>GST</strong> and<br />

S<strong>GST</strong> on his purchases (in that order)<br />

v The exporting State will transfer to the Centre the credit of S<strong>GST</strong><br />

used in payment of I<strong>GST</strong><br />

v The importing dealer will claim credit of I<strong>GST</strong> while discharging his<br />

output tax liability (both C<strong>GST</strong> and S<strong>GST</strong>)<br />

v The Centre will transfer to the importing State the credit of S<strong>GST</strong><br />

used in payment of I<strong>GST</strong><br />

v Since <strong>GST</strong> is a destination-based tax, all S<strong>GST</strong> on the final product<br />

will ordinarily accrue to the consuming State in seamless flow of<br />

input tax credit from one State to another


<strong>GST</strong> Features 5<br />

v Dual <strong>GST</strong> (simultaneous)—C<strong>GST</strong> & S<strong>GST</strong>—to maintain uniformity<br />

in the fiscal federal structure:<br />

ü On every transaction<br />

ü On common tax base<br />

ü At the same price or value<br />

ü On same classification for goods—Harmonised System<br />

Nomenclature (use of nil, 2-digit, 4-digit codes relate to turnover)<br />

ü On same classification of services—Services Accounting Code<br />

v The Centre would levy and administer on all supplies (goods &<br />

service):<br />

ü C<strong>GST</strong> (Central <strong>GST</strong>) on Intra-State supplies<br />

ü I<strong>GST</strong> (Integrated <strong>GST</strong>) on Inter-state supplies<br />

v S<strong>GST</strong> (State <strong>GST</strong>) would be levied and administered by the States<br />

on all Intra-state supplies


<strong>GST</strong> Features 6<br />

v No cross utilization of credit would be permitted between the<br />

Centre & the States<br />

ü The input tax credit (ITC) of C<strong>GST</strong> available for discharging the<br />

C<strong>GST</strong> on the output at each stage<br />

ü ITC of S<strong>GST</strong> allowed for paying the S<strong>GST</strong> on the output<br />

v Cross utilization of credits of C<strong>GST</strong> & S<strong>GST</strong> is permissible but<br />

under I<strong>GST</strong> model<br />

v <strong>GST</strong> payments to be deposited with respective agency<br />

v The list of exempted goods and services would be kept to a<br />

minimum<br />

v <strong>GST</strong> would be harmonized among the Centre & the States


<strong>GST</strong> Features 7<br />

IMPORTS<br />

v Import of goods and services will be treated as inter-state supplies<br />

and I<strong>GST</strong> levied<br />

v Incidence of tax will follow the destination principle and the tax<br />

revenue will accrue to the State where the goods & services are<br />

consumed<br />

v Full & complete set off will be available on <strong>GST</strong> paid on import<br />

EXPORTS<br />

v Export will be treated as Zero-rated supplies & hence no tax<br />

v However, credit of ITC available and granted as refunds to the<br />

exporters


<strong>GST</strong> Example<br />

Without <strong>GST</strong><br />

With <strong>GST</strong><br />

Sale from Mumbai to Nagpur<br />

Price Rs. 1000<br />

VAT (10%) – Rs. 100<br />

Sub Total: Rs. 1100<br />

Further sale from Nagpur to Chennai<br />

Profile – Rs. 1000<br />

Selling Price – Rs. 2100<br />

CST (10%) – Rs. 210<br />

Total Cost: Rs. 2100+210=2310<br />

Sale from Mumbai to Nagpur<br />

Price Rs. 1000<br />

C<strong>GST</strong> (5%) – Rs. 50<br />

S<strong>GST</strong> (5%) – Rs. 50<br />

Sub Total: Rs. 1100<br />

Further sale from Nagpur to Chennai<br />

Profit – Rs. 1000<br />

Selling Price – Rs. 2100<br />

I<strong>GST</strong> (10%) – Rs. 210<br />

Tax Payable – Rs. 210-(50+50)=Rs.110<br />

Total Cost: Rs. 2100+110=2210


<strong>GST</strong> Features--<br />

Exceptions<br />

v <strong>GST</strong> would apply to all goods & services except Alcohol for human<br />

consumption<br />

v <strong>GST</strong> on five Petroleum Products viz. Crude, Petrol, Diesel, ATF &<br />

Natural Gas would be applicable from date to be announce later<br />

v Tobacco and Tobacco products would be covered by <strong>GST</strong> but the<br />

Centre would continue to levy Central Excise duty on them<br />

v Tax payers will annual turnover below Rs. 20 lakh (Rs. 10 lakh for<br />

North Eastern States) would be exempt from <strong>GST</strong><br />

v Optional compounded levy at flat rate would be available for<br />

turnover up to Rs. 50 lakh. However, both these are optional<br />

v Statutory services rendered by Govts., Local, Panchyat authorities<br />

rendered to citizens (section 9 read with Schedule IV)<br />

v The States still may opt for continuance of Stamp Duty, Vehicle Tax


<strong>GST</strong> Governance<br />

v The <strong>GST</strong> policy will be governed by the <strong>GST</strong> Council, under the<br />

Union Finance Minister, to make recommendations to the Union<br />

and the States on parameters like rates; exemption list; threshold<br />

limits; model <strong>GST</strong> Laws; principles of levy, place of supply;<br />

apportionment of I<strong>GST</strong>; modalities for dispute resolution with the<br />

taxpayer; mechanism to resolve cases of dispute in between Centre<br />

and State(s) or between one or more States<br />

v Administration:<br />

ü C<strong>GST</strong> & I<strong>GST</strong>, to be administered by CBEC, Ministry of Finance<br />

ü S<strong>GST</strong> to be administered by the respective State Commercial<br />

Tax Depts.<br />

ü The Centre & the States would have concurrent jurisdiction for<br />

the entire value chain


<strong>GST</strong>N (<strong>GST</strong> Network)<br />

v <strong>GST</strong>N, a not-for-profit, non-Govt. company, set up to implement the<br />

<strong>GST</strong>, with Central & State Govts. as partners. To provide shared IT<br />

infrastructure & services to tax-payers and other stakeholders<br />

v Common online portal provides three core front-end services:<br />

Registration, Returns and Payments<br />

v And backend (online): identifying mismatched returns, assessment,<br />

audits, appeals, links to banks & RBI<br />

v <strong>GST</strong>N aims to go for:<br />

ü Simplicity for taxpayers<br />

ü Autonomy for the States<br />

ü Uniformity of policy administration<br />

ü Digitization and automation of whole chain<br />

ü Leakage reduction<br />

ü Leveraging existing investments


Benefits for Business<br />

and Industry 1<br />

v Common tax rates; simpler tax regimen—fewer rates, exemptions;<br />

subsuming of multiple taxes; efficient neutralization of taxes<br />

particularly for exports; cascading mitigation; a common PANbased<br />

taxpayer ID; a common return & challan for tax payment;<br />

quick refunds; a comprehensive & robust IT system; seamless taxcredits<br />

throughout the value-chain and across boundaries of<br />

States; stable, predictable, transparent laws & processes would:<br />

ü Foster a common market across the country (Uniform Prices)<br />

ü Create certainty & ease of doing investment/ business anywhere<br />

ü Self monitoring regimen & taxpayer friendly processes for<br />

migration, returns, refunds<br />

ü Reduce hidden, transaction & logistics costs (including time);<br />

lead to lower prices of goods & services


Benefits for Business<br />

and Industry 2<br />

ü Reduction in overall tax burden on goods<br />

ü Reduction in cost of manufactured goods & services improves<br />

competitiveness in the international market & hence promotes<br />

exports<br />

ü Spur economic growth (Increased GDP)<br />

ü Incentivize tax compliance by traders<br />

ü Huge dispute reduction<br />

ü Amenable to both ‘B2B’ as well as ‘B2C’ transactions (tax<br />

payable as Tax Collected at Source (TCS)<br />

ü Broadening of tax payer base, increase in trade volumes and<br />

improved tax compliance will lead directly to reduction of tax<br />

rate; uniformity in tax rates & taxation policies among the States


Benefits for Central &<br />

State Governments<br />

v Replacement of multiple taxes at the Central and State; fewer<br />

taxes & exemptions; seamless transfer of input tax credit from one<br />

stage to another; reduction in forms; backed with a robust end-toend<br />

IT system, <strong>GST</strong> would:<br />

ü Be simpler and easier to administer<br />

ü Reduce leakages drastically<br />

ü Decrease the cost of collection<br />

ü Higher revenue collection efficiency<br />

ü Improved forecasts in collections & hence improved budgeting<br />

ü Optimize efficiency, equity and effectiveness among the States<br />

and the Centre and thus strengthen the federal structure<br />

ü A unified common national market to boost FDI & Make in India


Benefits for the<br />

Consumer 1<br />

v Simpler tax system<br />

v Uniform prices throughout the country<br />

v Replacement of multiple Central and State Govt. taxes; removal of<br />

tax exemptions and input tax credits at each stage would:<br />

ü Provide transparent tax regimen<br />

ü Give relief in overall tax burden<br />

ü Reduce retails prices of most commodities & services on longterm<br />

v Increment in employment opportunities<br />

v Higher collections may lead to lower corporate and personal<br />

income taxes, which will encourage more foreign direct investment<br />

and finally to overall economic growth


Challenges<br />

v Rolling out <strong>GST</strong> a huge challenge involves:<br />

Huge volume of dynamic online transactions; security of<br />

transactions—making it hacker proof against frauds, cyber crime,<br />

sabotage; establishing administrative structure & expertise in the<br />

States; freezing processes; training; administrative work involved in<br />

compliances<br />

v Educating the tax-payers (manufacturers, traders, transporters,<br />

consumer) for the change<br />

v Training the Service Providers in the market place, such as CAs;<br />

Accountants; Company Secretaries; Legal Counsels so as to<br />

empower them to facilitate compliances<br />

v May initially increase selling prices (but it would be temporary, till<br />

the processes are in place)


Future<br />

v Transparent & uniform taxation regimen—politically insulated<br />

v Broaden tax base—that will lead to huge buoyancy in revenues<br />

v Huge reduction in tax burden over time—revival of industry/markets<br />

v Will eventually lead to single and lower tax regimen<br />

v Digitisation & e-payment revolution<br />

v Drastically reduce inefficiencies in logistics sector<br />

v Demand for PC, laptops, iPads goes up along with demand for<br />

skilled manpower<br />

v Huge opportunity for trainers/ entrepreneurs<br />

v Simple to implement processes & standardisation will boost<br />

confidence of the industry, the taxpayer & foreign investor in the<br />

Governments and will strengthen ‘Make in India’ & ‘One Nation<br />

One Tax’ projects


<strong>GST</strong>—At A Glance

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!