Goods and Services Tax (India)

Goods and Services Tax (GST) is an indirect tax (or consumption tax) levied in India on the supply of goods and services. GST is levied at every step in the production process, but is meant to be refunded to all parties in the various stages of production other than the final consumer.

Goods and services are divided into five tax slabs for collection of tax - 0%, 5%, 12%,18% and 28%. However, Petroleum products, alcoholic drinks, electricity,are not taxed under GST and instead are taxed separately by the individual state governments, as per the previous tax regime. There is a special rate of 0.25% on rough precious and semi-precious stones and 3% on gold.[1] In addition a cess of 22% or other rates on top of 28% GST applies on few items like aerated drinks, luxury cars and tobacco products.[2] Pre-GST, the statutory tax rate for most goods was about 26.5%, Post-GST, most goods are expected to be in the 18% tax range.

The tax came into effect from July 1 2017 through the implementation of One Hundred and First Amendment of the Constitution of India by the Indian government. The tax replaced existing multiple cascading taxes levied by the central and state governments.

The tax rates, rules and regulations are governed by the GST Council which consists of the finance ministers of centre and all the states. GST is meant to replace a slew of indirect taxes with a unified tax and is therefore expected to reshape the country's 2.4 trillion dollar economy, but not without criticism.[3] Trucks' travel time in interstate movement dropped by 20%, because of no interstate check posts.[4]

History

Formation

(gst.gov.in)

The reform of India's indirect tax regime was started in 1986 by Vishwanath Pratap Singh, Finance Minister in Rajiv Gandhi’s government, with the introduction of the Modified Value Added Tax (MODVAT). Subsequently, Prime Minister P V Narasimha Rao and his Finance Minister Manmohan Singh, initiated early discussions on a Value Added Tax (VAT) at the state level.[5] A single common "Goods and Services Tax (GST)" was proposed and given a go-ahead in 1999 during a meeting between the Prime Minister Atal Bihari Vajpayee and his economic advisory panel, which included three former RBI governors IG Patel, Bimal Jalan and C Rangarajan. Vajpayee set up a committee headed by the Finance Minister of West Bengal, Asim Dasgupta to design a GST model.[6]

The Ravi Dasgupta committee which was also tasked with putting in place the back-end technology and logistics (later came to be known as the GST Network, or GSTN, in 2017). it later came out for rolling out a uniform taxation regime in the country. In 2002, the Vajpayee government formed a task force under Vijay Kelkar to recommend tax reforms. In 2005, the Kelkar committee recommended rolling out GST as suggested by the 12th Finance Commission.[6]

After the defeat of the BJP-led NDA government in the 2004 Lok Sabha election and the election of a Congress-led UPA government, the new Finance Minister P Chidambaram in February 2006 continued work on the same and proposed a GST rollout by 1 April 2010. However, in 2011, with the Trinamool Congress routing CPI(M) out of power in West Bengal, Asim Dasgupta resigned as the head of the GST committee. Dasgupta admitted in an interview that 80% of the task had been done.[6]

In the 2014 Lok Sabha election, the Bharatiya Janata Party-led NDA government was elected into power. With the consequential dissolution of the 15th Lok Sabha, the GST Bill – approved by the standing committee for reintroduction – lapsed. Seven months after the formation of the Modi government, the new Finance Minister Arun Jaitley introduced the GST Bill in the Lok Sabha, where the BJP had a majority. In February 2015, Jaitley set another deadline of 1 April 2017 to implement GST. In May 2016, the Lok Sabha passed the Constitution Amendment Bill, paving way for GST. However, the Opposition, led by the Congress, demanded that the GST Bill be again sent back for review to the Select Committee of the Rajya Sabha due to disagreements on several statements in the Bill relating to taxation. Finally in August 2016, the Amendment Bill was passed. Over the next 15 to 20 days, 18 states ratified the Constitution amendment Bill and the President Pranab Mukherjee gave his assent to it.[7][8]

A 21-member selected committee was formed to look into the proposed GST laws.[9] After GST Council approved the Central Goods and Services Tax Bill 2017 (The CGST Bill), the Integrated Goods and Services Tax Bill 2017 (The IGST Bill), the Union Territory Goods and Services Tax Bill 2017 (The UTGST Bill), the Goods and Services Tax (Compensation to the States) Bill 2017 (The Compensation Bill), these Bills were passed by the Lok Sabha on 29 March, 2017. The Rajya Sabha passed these Bills on 6 April, 2017 and were then enacted as Acts on 12 April, 2017. Thereafter, State Legislatures of different States have passed respective State Goods and Services Tax Bills. After the enactment of various GST laws, Goods and Services Tax was launched all over India with effect from 1 July 2017.[10] The Jammu and Kashmir state legislature passed its GST act on 7 July 2017, thereby ensuring that the entire nation is brought under an unified indirect taxation system. There was to be no GST on the sale and purchase of securities. That continues to be governed by Securities Transaction Tax (STT).[11]

Launch

The GST was launched at midnight on 1 July 2017 by the President of India, Pranab Mukherjee, and the Government of India. The launch was marked by a historic midnight (30 June – 1 July) session of both the houses of parliament convened at the Central Hall of the Parliament. Though the session was attended by high-profile guests from the business and the entertainment industry including Ratan Tata, it was boycotted by the opposition due to the predicted problems that it was bound to lead for the middle and lower class Indians.[12][13] It is one of the few midnight sessions that have been held by the parliament - the others being the declaration of India's independence on 15 August 1947, and the silver and golden jubilees of that occasion.[13] After its launch, the GST rates have been modified multiple times, the latest being on 18 January 2018, where a panel of federal and state finance ministers decided to revise GST rates on 29 goods and 53 services.[14]

Members of the Congress boycotted the GST launch altogether.[15] They were joined by members of the Trinamool Congress, Communist Parties of India and the DMK. The parties reported that they found virtually no difference between the GST and the existing taxation system, claiming that the government was trying to merely rebrand the current taxation system. They also argued that the GST would increase existing rates on common daily goods while reducing rates on luxury items, and affect many Indians adversely, especially the middle, lower middle and poorer income groups.[16]

Tax

Taxes subsumed

The single GST subsumed several taxes and levies which included: central excise duty, services tax, additional customs duty, surcharges, state-level value added tax and Octroi.[17][18] Other levies which were applicable on inter-state transportation of goods have also been done away with in GST regime.[19][20] GST is levied on all transactions such as sale, transfer, purchase, barter, lease, or import of goods and/or services.

India adopted a dual GST model, meaning that taxation is administered by both the Union and State Governments. Transactions made within a single state are levied with Central GST (CGST) by the Central Government and State GST (SGST) by the State governments. For inter-state transactions and imported goods or services, an Integrated GST (IGST) is levied by the Central Government. GST is a consumption-based tax/destination-based tax, therefore, taxes are paid to the state where the goods or services are consumed not the state in which they were produced. IGST complicates tax collection for State Governments by disabling them from collecting the tax owed to them directly from the Central Government. Under the previous system, a state would only have to deal with a single government in order to collect tax revenue.[21]

HSN code in GST

HSN (Harmonized System of Nomenclature) is an 8-digit code for identifying the applicable rate of GST on different products as per CGST rules. If a company has turnover up to ₹1.5 Crore in the preceding financial year then they need not mention the HSN code while supplying goods on invoices. If a company has turnover more than ₹1.5 Crore but up to ₹5 Cr then they need to mention the 2 digit HSN code while supplying goods on invoices. If turnover crosses ₹5 Cr then they shall mention the 4 digit HSN code on invoices.[22]

Rates

The GST is imposed at variable rates on variable items. The rate of GST is 18% for soaps and 28% on washing detergents. GST on movie tickets is based on slabs, with 18% GST for tickets that cost less than Rs. 100 and 28% GST on tickets costing more than Rs.100 and 5% on readymade clothes.[23] The rate on under-construction property booking is 12%.[24] Some industries and products were exempted by the government and remain untaxed under GST, such as dairy products, products of milling industries, fresh vegetables & fruits, meat products, and other groceries and necessities.[25]

Checkposts across the country were abolished ensuring free and fast movement of goods.[26]

The Central Government had proposed to insulate the revenues of the States from the impact of GST, with the expectation that in due course, GST will be levied on petroleum and petroleum products. The central government had assured states of compensation for any revenue loss incurred by them from the date of GST for a period of five years. However, no concrete laws have yet been made to support such action.[27] GST council adopted concept paper discouraging tinkering with rates.[28]

E-Way Bill

An e-Way Bill is an electronic permit for shipping goods similar to a waybill. It was made mandatory for inter-state transport of goods from 1st June 2018. It is required to be generated for every inter-state movement of goods beyond 10 kilometres (6.2 mi) and the threshold limit of ₹50,000 (US$700).[29]

It is a paperless, technology solution and critical anti-evasion tool to check tax leakages and clamping down on trade that currently happens on a cash basis. The pilot started on 1st February 2018 but was withdrawn after glitches in the GST Network. The states are divided into four zones for rolling out in phases by end of April 2018.

A unique e-Way Bill Number (EBN) is generated either by the supplier, recipient or the transporter. The EBN can be a printout, SMS or written on invoice is valid. The GST/Tax Officers tally the e-Way Bill listed goods with goods carried with it. The mechanism is aimed at plugging loopholes like overloading, understating etc. Each e-way bill has to be matched with a GST invoice.

The official Android mobile app can be used for generating an e-way bill, with powerful features for easy generation and for maintaining records. The e-way bill can also be generated or cancelled through an SMS.

Transporter ID and PIN Code now compulsory from 01-Oct-2018.

It is a critical compliance related GSTN project under the GST, with a capacity to process 75 lakh e-way bills per day.

Intra-State e-Way Bill

The five states piloting this project are Andhra Pradesh, Gujarat, Kerala, Telangana and Uttar Pradesh, which account for 61% of the inter-state e-way bills, started mandatory intra-state e-way bill from 15th April 2018 to further reduce tax evasion.[30] It was successfully introduced in Karnataka from 1st April 2018.[31] The intra-state e-way bill will pave the way for a seamless, nation-wide single e-way bill system. Six more states Jharkhand, Bihar, Tripura, Madhya Pradesh, Uttarakhand and Haryana will roll it out from 20th April 18. All states are mandated to introduce it by May 30th, 2018.

Reverse Charge Mechanism

Reverse Charge Mechanism (RCM) is a system in GST where the receiver pays the tax on behalf of unregistered, smaller material and service suppliers. The receiver of the goods is eligible for Input Tax Credit, while the unregistered dealer is not.

The Payment of Tax Under RCM (Reverse Charge Mechanism) on Purchase from unregistered dealer is suspended due to pressure from the industry till 30th September 2019.

Goods kept outside the GST

  • Alcohol for human consumption.
  • Petrol and petroleum products (GST will apply at a later date) viz. Petroleum crude, High speed diesel, Motor Spirit (petrol), Natural gas, Aviation turbine fuel.[30]

GST Council

Dr. Hasmukh Adhia, IAS unveiling the plaque to inaugurate the New GST Council Office

GST Council is the governing body of GST having 33 members.[32] It is chaired by the Union Finance Minister.

Goods and Services Tax Network (GSTN)

The GSTN software is developed by Infosys Technologies and the Information Technology network that provides the computing resources is maintained by the NIC. "Goods and Services Tax" Network (GSTN) is a nonprofit organisation formed for creating a sophisticated network, accessible to stakeholders, government and taxpayers to access information from a single source (portal). The portal is accessible to the Tax authorities for tracking down every transaction, while taxpayers have the ability of connect for their tax returns.

The GSTN's authorised capital is ₹10 crore (US$1.4 million) in which initially the Central Government held 24.5 percent of shares while the state government held 24.5 percent. The remaining 51 percent were held by non-Government financial institutions, HDFC and HDFC Bank hold 20%, ICICI Bank holds 10%, NSE Strategic Investment holds 10% and LIC Housing Finance holds 11% .[33][34]

However, later it was made a wholly owned government company having equal shares of state and central government.

Criticism

Technicalities of GST implementation in India have been criticized by global financial institutions, sections of Indian media and opposition political parties in India. World Bank's 2018 version of India Development Update described India's version of GST as too complex, noticing various flaws compared to GST systems prevalent in other countries; most significantly, the second highest tax rate among a sample of 115 countries at 28%.[35] The report further highlighted that most countries in the world have a single rate of GST; 49 countries have a single rate, 28 have two rates, and only 5 countries including India have four or more rates.[35]

GST's implementation in India has been further criticized by Indian businessmen for problems including tax refund delays and too much documentation and administrative effort needed.[36] According to a partner at PWC India, when the first GST returns were filed in August 2017, the system crashed under the weight of filings.[36]

Gabbar Singh Tax

The opposition Congress party has consistently been among the most vocal opponents of GST implementation in India with party President, and leader of the opposition, Rahul Gandhi, slamming BJP for allegedly "destroying small businessmen and industries" in the country.[37] He went on to pejoratively dub GST as "Gabbar Singh Tax" after an ill-famed, fictional dacoit in Bollywood films.[37]Blaming the implementation of alleged Gabbar Singh Tax as a "way of removing money from the pockets of the poor", Rahul has lamented it as a "big failure"[38] while declaring that if Congress Party is elected to power, it will implement a single slab GST instead of different slabs. [39]In the run-up to the elections in various states of India, Rahul has intensified his "Gabbar Singh" jibes on Modi government.[40]

See also

References

  1. ↑ "All your queries on GST answered". The Hindu. Retrieved 2017-06-30.
  2. ↑ "GST: Cars, durables face 28% rate; luxury vehicles to attract 15% cess", Business Standard, 18 May 2017
  3. ↑ "Film theatres in Tamil Nadu to begin indefinite strike against GST". The Hindu. 2 July 2017. Retrieved 3 July 2017.
  4. ↑ http://www.business-standard.com/article/economy-policy/gst-impact-trucks-travel-time-in-interstate-movement-drops-20-says-govt-117073000276_1.html
  5. ↑ "Looking back at GST's journey: How an idea is now near reality", Indian Express, 31 March 2017
  6. 1 2 3 "GST: A 17-year-old dream, 17 phases towards creating history", India Today, 29 June 2017
  7. ↑ "Goods and Services Tax: History of India's biggest tax reform and people who made it possible", India TV, 29 Jun 2017
  8. ↑ "GST: Meet the men behind India's biggest tax reform that's been in making for 17 years", India Today, June 29, 2017
  9. ↑ Nair, Remya (8 June 2015), "Rajya Sabha panel to hear GST concerns on 16 June", Live Mint
  10. ↑ "GST rollout: All except J-K pass State GST legislation", The Indian Express, 22 June 2017
  11. ↑ "GST draft makes it must for companies to pass tax benefit to consumers", The Times of India, 27 November 2016
  12. ↑ "GST Rollout Attendees", Financial Express, June 30, 2017
  13. 1 2 "GST launch: Times when the Parliament convened for a session at midnight", The Hindustan Times, 30 June 2017
  14. ↑ "Latest GST Cuts: Complete List Of What Just Got Cheaper", NDTV
  15. ↑ PTI (2017-06-30). "GST launch divides opposition". livemint.com/. Retrieved 2018-01-22.
  16. ↑ "Congress To Boycott GST Launch, Arun Jaitley Suggests Broader Shoulders", NDTV, 29 June 2017
  17. ↑ "What is GST, how is it different from now: Decoding the indirect tax regime", Business Standard, 17 April 2017
  18. ↑ "GST may swallow all taxes but cess", Business Standard, 20 September 2016
  19. ↑ "On Notes Ban, Firm Warning From West Bengal To Centre: GST Now At Risk", NDTV, 30 November 2016
  20. ↑ "Finance minister Arun Jaitley may hike service tax to 16-18% in Budget", The Times of India, 30 January 2017
  21. ↑ "GST: The illustrative guide to how transactions will take place after tax reform". Money Control.
  22. ↑ "Understanding HSN Codes Under GST". Masters India.
  23. ↑ Mehra, Puja (27 June 2017). "GST, an old new tax". The Hindu - Opinion. Retrieved 3 July 2017.
  24. ↑ "What is the GST impact on real estate?", The Indian Express, 5 July 2017
  25. ↑ "GST rollout: List of items exempted from taxation". The Indian Express. 2017-06-30. Retrieved 2017-07-30.
  26. ↑ "22 states scrap checkposts for smooth GST rollout", The Times of India, 4 July 2017
  27. ↑ "'States on Board, GST Launch from April '16'". newindianexpress.com.
  28. ↑ Sikarwar, Deepshikha (2017-10-09). "GST council adopts concept paper discouraging tinkering with rates". The Economic Times. Retrieved 2017-10-09.
  29. ↑ "Businesses, govt gear up for E-Way Bill", The Hindu Business Line, 25 January 2018
  30. 1 2 https://timesofindia.indiatimes.com/business/after-e-way-bill-govt-eyes-tools-to-check-gst-evasion/articleshow/63706581.cms
  31. ↑ http://www.financialexpress.com/economy/interstate-e-way-bill-phased-roll-out-from-april-15/1128842/
  32. ↑ https://www.businesstoday.in/current/economy-politics/why-many-registered-taxpayers-are-not-filing-gst-returns/story/271554.html
  33. ↑ "About Us – GSTN". www.gstn.org. Retrieved 2018-02-06.
  34. ↑ https://www.telegraphindia.com/business/gst-pivot-faces-nationalise-call-223685
  35. 1 2 https://economictimes.indiatimes.com/news/economy/policy/is-the-world-simpler-than-it-was-before-gst-this-jury-is-in/articleshow/64359881.cms
  36. 1 2 https://www.accaglobal.com/vn/en/member/member/accounting-business/2018/07/insights/indias-introduction.html
  37. 1 2 https://www.thehindu.com/news/national/gst-is-gabbar-singh-tax-says-rahul-gandhi/article19907042.ece
  38. ↑ https://www.thehindubusinessline.com/news/national/gst-is-gabbar-singh-tax-rahul/article9920165.ece
  39. ↑ https://www.ndtv.com/india-news/if-elected-we-will-give-you-gst-not-gabbar-singh-tax-rahul-gandhi-1899966
  40. ↑ https://timesofindia.indiatimes.com/india/gabbar-singh-tax-now-globally-acclaimed-rahul-gandhi-mocks-pm-modi/articleshow/63354146.cms
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