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Goods and Service Tax
(GST)
A Presentation by
M/s. Jay Pandey & Associates
Chartered Accountants
Present Tax structure in India
Tax Structure
DirectTax
IncomeTax
IndirectTax
CentralTax
Excise
ServiceTax
Custom (Include
BVD, CVD, SCD)
StateTax
VAT
EntryTax, luxury tax,
LotteryTax, etc.
Problem in Existing Tax Laws
However, there are still problems with the system that have not been solved
till date.We shall talk about these problems now.
 The credit of InputVAT is available against OutputVAT. In the same manner, the credit
of input excise/service tax is available for set-off against output liability of
excise/service tax. However, the credit ofVAT is not available against excise and vice
versa.
 VAT is computed on a value which includes excise duty, and no CENVAT credit is
allowed for it.This shows that there is a tax on tax!
Excise duty and service tax are levied by the Central Government, while theVAT is
levied by the State Government, which is one of the reasons why such a cross-
utilisation of credits was not allowed. However, this does not constitute a valid reason
that justifies the cascading effect of taxes. For the people, it makes no difference if a
tax is levied by the Centre or the State – a tax is a tax, and there is a tax on tax.The
GST is introduced to combat this problem, among many others.
Present System of Indirect Taxes
 Let us first understand the various indirect taxes that are presently being levied by the
Central & State Governments.
 The GST shall subsume all the above taxes, except the Basic Customs Duty that will continue to be charged even after the
introduction of GST.
Ref Tax Levy By Nature Can Set off
Against
Convered in GST
1. Central Excise Centre Manufacture 1,2 Yes
2. Service Tax Centre Providing Services 1,2 Yes
3. Customs (BCD) Centre Import No Set off No
4. CVD under custom Centre Additional Import Duty to
compensate Excise
1,2 Yes
5. SAD under custom Centre Additional Import Duty to
compensate Sales Tax
1,2 Yes
6. CST Centre Inter-state Sales No Set off Yes
7. Vat State Sales within a state 3 Yes
1. Excise Duty, 2. Service Tax and 3. VAT
Proposed Tax Structure in India
Tax Structure
DirectTax
IncomeTax
IndirectTax =
GST (Except
customs)
Intra- state
CGST
(Central)
SGST (State)
Inter State
IGST (Central)
Subsuming of Existing Taxes
• Central Excise
• Additional duties of Custom (CVD)
• ServiceTax
• Surcharges and all cesses
CGST
• VAT/sales tax
• EntertainmentTax
• LuxuryTax
• LotteryTax
• EntryTax
• PurchaseTax
• Stamp Duty
• Goods and passengerTax
• Tax on vehicle
• Electricity, banking, Real state
SGST
• CST
IGST
Taxes to remain
BCD
EXCISE DUTY ON
TABACCO
EXPORT DUTY
TOLLTAXES
ENVIRONMENTTAX
TAX ON LIQUORSAND
PERTROLEUM
PRODUCTS
STAMP DUTY
PROPERTYTAXES
TAX ON ELETRICITY
Old System Vs New System
DUAL GST MODEL
 We begin by stating the dual GST model and the taxes levied on each kind of transaction. See these abbreviations before we understand them-
SGST – State GST, collected by the State Govt.
CGST – Central GST, collected by the Central Govt.
IGST – Integrated GST, collected by the Central Govt.
 It is worth mentioning here that the levy of Excise or Service Tax was not dependent on the levy of VAT/CST, as they were governed by different laws..
 These are the taxes that shall be levied under the new system of GST. How this shall operate, and how can we have cross utilisation of credits can be seen in
the discussion that follows –
How GST Operates?
Case 1: Sale in one state, resale in the same state
In the example illustrated below, goods are moving from Mumbai to Pune. Since it is a sale within a state, CGST and SGST will be levied. The collection
goes to the Central Government and the State Government as pointed out in the diagram. Then the goods are resold from Pune to Nagpur. This is again a
sale within a state, so CGST and SGST will be levied. Sale price is increased so tax liability will also increase. In the case of resale, the credit of input CGST
and input SGST (Rs. 8) is claimed as shown; and the remaining taxes go to the respective governments.
HOW GST OPERATES?
Case 2: Sale in one state, resale in another state
 In this case, goods are moving from Indore to Bhopal. Since it is a sale within a state, CGST and SGST will be levied. The collection goes to the Central
Government and the State Government as pointed out in the diagram. Later the goods are resold from Bhopal to Lucknow (outside the state). Therefore,
IGST will be levied. Whole IGST goes to the central government.
 Against IGST, both the input taxes are taken as credit. But we see that SGST never went to the central government, still the credit is claimed. This is the
crux of GST. Since this amounts to a loss to the Central Government, the state government compensates the central government by transferring the credit
to the central government.
.
HOW GST OPERATES?
Case 3: Sale outside the state, resale in that state
 In this case, goods are moving from Delhi to Jaipur. Since it is an interstate sale, IGST will be levied. The collection goes to the Central Government. Later
the goods are resold from Jaipur to Jodhpur (within the state). Therefore, CGST and SGST will be levied.
 Against CGST and SGST, 50% of the IGST, that is Rs. 8 is taken as a credit. But we see that IGST never went to the state government, still the credit is
claimed against SGST. Since this amounts to a loss to the State Government, the Central government compensates the State government by transferring the
credit to the State government.
How is GST beneficial for the country? How would it help to improve the country's economy?
 1. GST will reduce tax evasion
There is a very logical reason as to how GST will help in reducing tax evasion - All traders will insist on taking bills for all their purchases.
Let us understand this with an example. Suppose you are a mobile phone distributor. You are buying mobile phones from the manufacturer and selling to
wholesaler.
This is the net position after introduction of GST.
Impact of GST
 As we can see, all the distributors will prefer to purchase with invoice, because it
gives them a better profit margin.
 This is because the distributor will get credit of all the taxes paid at the previous
stage. In the present scenario, the distributor has to bear the burden of excise
duty.Therefore, for him it makes more sense to simply avoid paying taxes.
 However, after the introduction of GST, it will be more beneficial to purchase
goods on invoice. Now, if the customer himself insists on taking the bill, we
can assume that tax evasion will fall.This is the biggest advantage of GST.
Impact of GST
2. GST will give more money to under-developed states
Why is Gujarat a very developed state in India? Why can't industries come up in backward states such as Bihar and Jharkhand?
 The problem is - lack of infrastructure. Governments in Bihar cannot provide basic facilities such as electricity and water. This is because these states are
not rich. Why are these states not rich? Because the tax collections are much less compared to other states.
 Take a look at the tax collections of various states in India.
Impact of GST
 You can see that there is a big difference between states; and that tax collections are highest in
manufacturing states.
GST will ensure that tax collections in other states also rise, because GST is a consumption
based tax.
 This is because, being a consumption based tax, tax collection will go to the states in which the goods are
consumed, and not where they are manufactured.
 Now, where are the goods consumed?Typically speaking, more consumption will take place in states where
the population is higher.As a result of this, the per capita tax collection in the economy,across various
states will even out
 This will be another advantage to the economy of the country, because more taxes will accrue to states that
have need of money; which, in turn, will get developed.
Impact of GST
3. GST will remove location bias, thereby giving support to smaller businesses
 Another big advantange in GST is that it will even out the tax structures of various states.This removes a location bias.
Therefore, I can set up my factory in any state of the country, without having to worry about tax differences. In any ideal
scenario, taxes should not be a hindrance to my investment decision. In India, this will go away once GST in introduced.
This means that even undeveloped locations can see more businesses coming up.
 A small retailer in Madhya Pradesh can transfer its goods to Uttar Pradesh and purchase its goods from Rajasthan.It can also take input
services from a contractor located in Bihar and pay advertising charges to an agency in Karnataka - all this,without any significant worry
about taxation.Why? Because tax structure in all these states will be the same!
 In conclusion, we can say that GST is one tax that can be a major break through in the Indian taxation
system.
 Further, the impact of varyingValueAddedTax (VAT) structure in different states, customs exemptions in Special
Economic Zones (SEZ), ServiceTax and corporate tax make supply chain design and optimization all the more challenging.
 As the tax and regulatory issues in India evolve, manufacturers and distributors must adjust their footprint and supply chain
strategies, requiring greater flexibility and awareness than in most other markets.
Set off Heads
IGST Input
IGST
Output
CGST
Output
CGST Input
IGST
Output
CGST
Output
SGST Input
IGST
Output
CGST
Output
Stakeholder in Business Chain
Goods
+
Services
1.
Manufacturer
2.Wholesaler
3.Retailer4.Consumer
5.Government
and Banks
Impact on Economy
Overall Economy
Logistics
E-Commerce
FMCG/Parmaceuticals
Service Sector
MSEM
Overall Sector
Overall Economy
Impact on Logistics
Pre GST Post GST
Interstate
tax burden
Currently, each of India’s 29 states taxes goods
that move across their borders at different rates
apart from that Corporate state tax of 2% is
levied for inter-state goods transfer.
Not applicable. Uniform taxation and no varying tax
structures would be allowed across states.
Nature of the
industry
Current interstate taxation has resulted in a
large number of unorganized players in this
industry. Resulting in fragmented industry.
With the introduction of GST, there is likely to be major
consolidation in the industry. It could see the emergence of
major large players who can span the entire logistics chain.
Logistic time Due to trade barriers such as entry taxes, local
body taxes, OCTROI and other hurdles, trucks
lie idle for 30 to 40% as per industry estimates
during their delivery schedule.
Improvement in the logistic time after phasing out the
border check posts resulting in improvement in operational
efficiency through quicker and increased number of
deliveries along with reduction in logistic cost during the
transit.As per world bank estimation Indian corporates can
save upto 30-40% of logistic costs incurred due to stoppages
at various tolls and check posts.
Cost The existing interstate taxation system has
forced the companies to create and maintain
warehouses in each state. Currently, there are
around 20-30 warehouses per company, one in
every state, in addition to this 20-30 Carry &
Forwarding agents per state making the supply
chain longer and inefficient.
GST tax will be levied on transportation of goods and full
credit will be available on interstate transactions. Logistic
costs are expected to be decreased by 1.5-2.00% of sales on
account of optimization of warehouses leading to lower
inventory costs which are set up across states to avoid paying
2% corporate sales tax and phasing out of interstate sales tax.
There is immense scope for optimization of costs.
Impact on E-Commerce
Post GST
Pricing
impact
The output rate of tax could be higher for the company compared to the current service tax rate.
However, the companies should have a higher credit pool than they do in the current regime, which
could reduce the prices of their services.
Place of
supply
Place of supply in case of B2C transactions would be the location of the service provider.
Place of
supply
Place of supply in case of B2B transactions would be the location of the service recipient: It will
be important to examine whether there would be rules to define inter-state service or intrastate
service.This could be important to understand additional compliance requirement for e-commerce
companies. For instance, in case it is stated that e-commerce companies would need to pay
applicable CGST + SGST in the state where the service recipient is located, it would result in e-
commerce companies taking registration in almost all the states where the service recipients (i.e.
vendors) are located.
Compliance
requirement
Currently, e-commerce companies discharge their output service tax liability through centralised
registration. Under GST, the centralised registration option may not be available. Hence, e-
commerce companies would need to as such obtain registration in each state where they have their
place of business, resulting in increased compliances.
Impact on FMCG
Post GST
Pricing
impact
The 3 lakh crore Fast Moving Consumer Goods (FMCG) industry in India is one of the major contributor to the state
exchequer in excess of Rs 40,000 Crores. Major categories being food & beverage followed by household and
personal care.
GST Rate: GST standard rate at 18% would be lower in comparison to existing effective rate of >26% resulting from 12.5%
excise andVAT (at 12 to 14.5% on top of excise). However many of the agricultural processed products enjoyingVAT
exemption or lower bracket (4-5%) if included under standard rate a higher tax incidence will result. Even the lower
rate of GST for merit goods at 12% will be higher than prevailing rates. Carbonated beverages are however likely to
be taxed at de-merit rate of 40% in GST
Business
Process:
The most visible impact of GST would be on the warehousing strategy of FMCG companies. Distribution costs
account from 2 to 7% of turnover for FMCG companies. Currently FMCG companies establish warehouses in each
state (with the tax consideration to avoid CST on interstate sales) and do stock transfers to them. Subsequently goods
are sold to distributors locally.The decision on warehouse is based on tax consideration rather than market proximity
or transport considerations. Under GST as local and interstate supply would be tax neutral with India emerging as
single largest common market, location of warehouses needs to be reconsidered. Savings to the tune of 1.5% of sales
is expected as a result of warehouse rejig.A level playing field would be created in favor of small startups in the
business of delivery of organic products.
As any supply (sale or stock transfer) would be treated taxable under GST, it could lead to increased requirement of
working capital and cash flow getting blocked (till refund claims are settled).Thus more working capital would be
required. Many manufacturers have setup their units in areas having tax holidays or incentives (Himachal,
Uttaranchal etc.) which may not be available post GST. FMCG manufacturers using imported raw materials will have
to rethink the strategy as imports would attract IGST and make them less attractive vis-à-vis local products, although
full credit is available. FMCG distributors and retailers would also be able to setoff input credit from services
(transport, rent etc.) against their GST liability which was hitherto not possible.
Impact on Service Sector i.e. Banking Sector
Post GST
Tax Rate Services offered by banks are taxed at 14.5% currently which under GST regime are likely to become costlier at standard rate of 17-
18%. Several activities of banks are currently exempt from service tax (Ex: Fund based activities like interest payable on deposits /
savings bank accounts and loans disbursed) which would incur GST unless otherwise exclusively exempted. Several services
provided to weaker sections of society could get taxed if not exempted making the services costlier
Elimination
of cascading
effect:
Banks will also be able to set-off their GST liabilities against credit received on purchase of goods (IT infrastructure and furniture
etc.) and resultant savings could get ultimately passed onto end customer.Through the concept of ISD (Input service distribution)
the accumulated input credit could be transferred and utilized in cases of locations discharging GST liability are different from
location where inputs are received.
Business
Process:
Banks provide services to customers who are mobile not only pan-India but international as well. Ex: Credit cards issued by Bank
from central location to a customer may be swiped anywhere.With advent of net banking the address of customer in account is not
where he necessarily stays and obtains banking services (Ex: Cheque book, Loans, Statements etc.) A customer having his account in
Bengaluru may during his vacation in J&K transfer funds by mobile/net banking to somebody in Hyderabad. etermining point of
supply for services would add significantly to compliance costs. Under such circumstance a bank having presence in only 10-15 states
will have to take registration for 37 states/UT.
In case of loans availed by customers, the initial verification is done by outsourced local agencies, loan processing is done centrally,
disbursement done locally, repayment done by net banking/ECS mandate. Under such circumstance determining point of supply at
each stage is very cumbersome.
Several services by bank to a customer are centralized (Ex: DematAccount,Wealth Management services, bigger home loans etc.)
while several others are localized (Ex: Savings account, Personal loan, OD etc.).As is evident these complexities add to compliance
costs due to multiple assessments and audits. Clarity on single/multiple ISD registration for distributing inputs across multiple states
is needed.
As banks deal with a host of vendors, reversal of ITC for services availed from a blacklisted dealer or dealer who does not discharge
his GST liability would lead to increased costs and necessitate additional efforts in tracking dealer status.
Bank Head office also provides services to branches which may become taxable under GST.The IT systems of banks need to be
upgraded to meet all these requirements related to multiple registrations, determining point of supply of services, compliance needs
and Input Service distribution.
Complying with the requirements of reverse charge and partial reverse charge mechanism would add to further compliance costs.
Impact on SMES
Starting business becomes easier:
Currently, the SalesTax department has various turnover slabs which requireVAT registration.A business
with multi-state operation in this case has to follow varied tax rules applicable to different states.This not
only creates excess complication but also adds to procedural fees, due to which the price sensitive SMEs
will be burdened. Uniform GST will standardize the process.
Improved SME Market Expansion :
In the current system, big corporations procured goods based on SME locality in order to reduce
overheads.Thus SMEs limit their customers within state as they will bear the ultimate burden of tax on
interstate sales, reducing their customer base.With implementation of GST, this will be nullified as tax
credit will transfer irrespective of location of buyer and seller.This allows SME segment to expand
their reach across borders.
Lower logistical overheads:
As GST is tax neutral it will eliminate time consuming border tax procedures and toll check posts and
encourage supply of goods across borders.According to a CRISILAnalysis, the logistical cost for companies
manufacturing bulk good will be reduced by around 20%. Such costs can be crucial for the survival of SMEs.
Aids SMEs dealing in sales and services:
GST will not distinguish between sales and services.This is good news for the SMEs that deal with sales and
services model of business, for them the taxation is simplified and will be calculated on total.
Unified market:
GST will allow edibility in transfer of goods across states and reduce the cost of doing business, as the reform
will cut down multiple taxes imposed by state and central government.
Myth that SMEs would be negative
 Much aligned to this objective, Model GST law released by the Ministry of Finance seeks to bring each person with an aggregate
turnover of above Rs 10 lakh within the umbrella of GST.The limit has been kept even lower at Rs 5 lakh for north eastern states.
This should create a level playing field for organized and unorganized sector by curbing scope of various tax evasion practices such as
creation of multiple entities to enjoy high exemption thresholds.
 However, the existing protectionism provided by the government to Small and Medium Enterprises (SMEs) which necessitates them
to get out of their comfort zone as far as indirect tax costs and benefits are concerned. "SME manufacturers, presently exempt (if
annual taxable turnover is up to Rs 1.5 crore) from paying excise duty, would be liable to pay full rate of GST.This may bring their
products up for stiff competition with those of industry leaders in terms of tax costs involved. Small scale service sector is also likely
to face an increase in tax rate under GST as against the present effective rate of 15 %,.
Not so simple
The availability of input tax credits should leave the increased tax incidence on services by only marginally. "Trading entities, on the
other hand, should largely welcome GST as it creates a single uniform market for them across the country with improved ease of
doing business.
 GST would be good for the industry especially manufacturing sector. "SMEs in the service sector enjoys no exemption or
concessions. Concessions are only for the SME manufacturers.The total tax incidence in every product that we manufacture in India
is anything between 27 to 31%, which is supposed to come down to a 18%.
The SMEs whose turnover is up to Rs 1.5 crore were availing excise exemption, but they were subjectVAT/CST/entry tax etc
under the state law. It is worth mentioning that the exemption to SME does not mean that the entire Rs 1.5 crore is exempt from
excise.
The inputs procured by the SMEs are excusable/taxable as it has already suffered tax. By way of Small Scale Industry (SSI)
exemption, what benefit they actually get is limited to the excise duty payable only for the value addition at the SMEs end. Assuming
that 30% is the value addition on the exempted turnover of Rs 1.5 crore, the actual exemption from excise duty to SME is 12.5% on
Rs 45 lakhs (which is Rs 5.62 lakh in a year).Thus the so called SSI exemption is actually 0.375 % of 1.5 crore that is Rs 5.62 lakh
per annum.Assuming that on Rs 1.5 crores turn over, the current taxes payable are reduced 7%, under the proposed GST regime,
the saving to SMEs will be Rs 10.5 lakh as against a loss of Rs 5.62 lakh resulting in a net gain of Rs 4.88 lakhs.
 "Hence, the feeling that SME is going to be negatively impacted by GST is a myth.
Impact on overall Sector
CRITICAL IMPACT ISSUES – IN DEPTH
OVERVIEW OF GST CYCLE
LEVY ON SUPPLY
OF GOODS OR SERVICES
IF INTER-STATE SUPPLY – PAY IGST
IF INTRA-STATE SUPPLY – PAY CGST AND SGST
DUEATTHETIME OF SUPPLY
PAYBLEWITHINTHE PRESCRIBED END OFTHE MONTH/QUARTERTOWHICH
SUPPLLY RALATES
DEFINITION OF GOODS & SERVICE
(SEC. 2(48)) & 2(88))
GOODS
• Every kind of movable property other than actionable claim and money
• Moveable property shall not include any intangible property.
TANGIBLE
PROPERTY
• Property that can be touched or felt - Felt is experiential e.g. Goodwill
• Intangible property means any property other than tangible property
SERVICE
• Means anything other than goods
• Include intangible property and actionable claim but does not include
money
LEVY OF GST IS ON SUPPLY (SEC. 3)
SUPPLY
INCUSIVE
DEFINITION –
INVITE
LITIGATION
MADE FORA
CONSIDERATION
SCHEDULE – I –
MADEWITHOUT
CONSIDERATION
IMPORTATION
SUPPLY WITHOUT CONSIDERATION –
SCHEDULE - I
Temporary application of business assets to a private or
non-business use
Services put to a private or non-business use
Assets retained after deregistration
Supply of goods and / or services by a taxable person to
another taxable or non- taxable person in the course or
furtherance of business
DEEMED SUPPLY OF GOODS & SERVICE (SCHEDULE – II)
GOODS
• Any transfer of the title in goods is a supply
of goods
• Hire purchase
• Transfer or disposal of business assets
• Disposal by a creditor/financial institution
• Closing goods on cessation of business unless
business is continued
• Supply of goods by any unincorporated
association or body of persons to a member
thereof
SERVICE
• Transfer of right to use
• Lease of land or building
• Treatment or process on another person’s
goods
• Private use of business goods/assets
• Temporary transfer or permitting the use or
enjoyment of any intellectual property right
• Development, design, programming,
customization, adaptation, up gradation,
enhancement, implementation of
information technology software
• Agreeing to the obligation to refrain from an
act, or tolerate an act or a situation, or to do
an act
• Supply of goods, being food or any other
article for human consumption or any drink
WIDENING THE TAX BASE – REGISTRATIONS (SEC. 19 READ WITH
SCHEDULE – III)
• Threshold on all India basis
• Limit of Rs. 10/5 lakhs
Normal cases
• Persons making any inter-state taxable supply
• Persons who are required to pay tax under reverse
charge
• Non-resident taxable persons
• Persons who supply goods and/or services, other
than branded services, through electronic
commerce operator
• Every electronic commerce operator
Mandatory registrations
LOCATION OF SUPPLIER (SEC. 2(65))
Fixed
Establishment
If provided
from more than
one location,
establishment
most directly
Registered
place of
business
Place of
residence
PLACE OF SUPPLY – GOODS (SEC. 5 OF IGST ACT)
Movement of
goods
• Place
where
movement
terminates
Without
movement
• Location
of goods at
the time
of delivery
On board for
conveyance
• Location
where
goods are
taken on
board
On direction
of agent
• Location
of agent
Others
• As per
Law of
Parliament
PLACE OF SUPPLY – SERVICES (SEC. 6 OF IGST ACT)
TYPE PLACE OF SUPPLY
Made to a registered person Location of such person
Made to other than a registered person Location of the recipient where the address on
record exists. If not, location of supplier
Immovable property/boat/vessel Location of such property/boat/vessel
Restaurant and other personal services like beauty
treatment
Location where the services are actually performed.
Training and performance appraisal Location where the services are actually performed.
Services on board a conveyance The first scheduled point of departure
Admission to events Place where event is actually held
Organization of events/transportation of goods &
passengers
Location of person if registered or where event is
held if not registered
Telecommunication services Place of installation, post-paid: billing address,
prepaid:
place of sale (internet banking: place of
recipient on record)
Banking & other financial services Place of recipient of service on record
TIME OF SUPPLY FOR PAYMENT OF GST – GOODS (SEC. 12)
Continuous
Supply
• As per statement
• If not available earliest of date of issue of invoice or receipt of payment
Reverse Charge
• Date of receipt of goods
• Date of payment
• Date of receipt of invoice
• Date of debit;
• Whichever is earlier
Goods sent on
approval basis
• Time of supply when known
• Six months;
• Whichever is earlier
TIME OF SUPPLY FOR PAYMENT OF GST – GOODS (SEC. 12)
Date of
removal
Date of
Invoice
Receipt of
payment
Date of receipt
by recipient
WHICHEVER
OCCURS
FIRST
TIME OF SUPPLY FOR PAYMENT OF GST – SERVICES (SEC. 13)
Time of Supply
Invoice issued within
prescribed time
Invoice or receipt;
whichever is earlier
Invoice not within time
Completion of service or
receipt; whichever is
earlier
Continuous supply
Due date of payment is
ascertainable or earlier of
invoice or payment
Reverse charge
Date of receipt of service,
payment, receipt of
invoice or debit in books;
whichever is earlier
GOODS AND SERVICES TAX NETWORK (SEC. 28 & 29)
Upload return after paying the Provisional credit allowed
tax otherwise considered as subsequently credit claimed by
invalid return receiver to be matched with supplier
Receiver to pay interest on mis-match from date of availment and not utilization, refund only to
the extent of tax & interest paid by supplier
GSTN
SUPPLIER RECEIVER
Information Flow and Associated Entities
Common GST
Portal
(Reconciliation
system)
Taxpayer
State 1Portal
State 2 Portal
State N Portal
NSDL
MCA CBDT
CBEC
(Central
Portal)
Banks and RBI
Send Challan
Upload Challan
Details
File Returns
CGST and
IGST Returns
SGST and
IGST Return
Returns under GST
RETURN (Sec. 27 &
30)
DUE DATE FORM
Outward Supplies 10th of next month GSTR -1
Inward Supplies 15th of next month GSTR-2
Summary return for all
taxable persons
except specified herein
under
20th of next month GSTR-3
Composition Person 18th of next month following end of quarter GSTR-4
Periodic return by non-
resident foreignTaxpayer
Last day of registration Last day of registration
Input Service Distributor 13th of next month GSTR-6
Tax Deductor 10th of next month GSTR-7
Annual Return 31st December following F.Y. GSTR-8
Final return 3 months from date of cancellation or order of
cancellation whichever is later (to include all
transactions from last return to date of
cancellation)
VALUATION – INCLUSIONS (SEC. 14)
• Payment made for the inducement of, the supply of goods and/or services
• The monetary value of any act or forbearance
• Deposit, whether refundable or not be considered unless applied
Consideration
• Not included in the price
• The value of such goods and/or services as are supplied directly or indirectly by
the recipient of the supply free of charge or at reduced cost
• Royalties and license fees
Incurred by
recipient
• Shall include all taxes other than SGST or the CGST or the IGST
Taxes
• Commission and packing
• Any amount charged for anything done by the supplier in respect of the supply of
goods and/or services at the time of, or before delivery of the goods or, as the
case may be, Incidental expenses supply of the services
Incidental
expenses
• Which is linked to supply
Subsidies
VALUATION – INCLUSIONS (SEC. 14)
• All reimbursement shall be included
Reimbursement
• Allowed only if it is in the course of normal trade practice and has been
duly recorded in the invoice.Discount beforeTime
of in the invoice supply
• Allowed only if such post-supply discount is established as per the
agreement and is known at or before the time of supply
• Specifically linked to relevant invoices
Discount afterTime of
supply
• TransactionValue
• Value by Comparison
• ComputedValue Method
• Residual Method
• Rejection of declared value
GSTValuation Rules,
2016
TRANSITIONAL PROVISIONS – MIGRATION (SEC. 142)
Issuance of provisional RC
Validity of 6 months or as extended
Furnish information as prescribed
Provisional RC cancelled if information not submitted in
given time. Penal consequences Final RC to be issued if
full information is submitted
Final RC to be issued if full information is submitted
TRANSITIONAL PROVISIONS – UNUTILIZED CREDIT (SEC. 143,
144, 145 & 146)
• Amount as per return ending immediately
preceding appointed day to be eligible as
CGST/SGST
Existing CENVAT
& ITC
balance
• Eligible as CGST
Un-availed
CENVAT on
Capital goods
• Credit eligible on inputs held in stock or
contained in semi-finished or finished goods
• Not allowed for purchases older than one year
First time
registration
TRANSITIONAL PROVISIONS – RETURN OF GOODS (SEC.
148 & 150)
Exempted goods
under earlier
Law/Job-work
Returned within
six months to any
place of business
No tax payable by
the supplier
Retuned after six
months to any
place of business
Tax payable is
liable under GST
TRANSITIONAL PROVISIONS – SUBSEQUENT REVISIONS
(SEC. 153)
Tax to be paid under GST
and debit note to be issued
within 30 days of revision
Upward
adjustment
Downward
adjustment
HOW WE CAN HELP
GST
LITIGATION
COMPLIANCE
ERP SYSTEM
SUPPORT
TRANSITIONAL
SHIFTDEVISING
NEW
BUSINESS
MODEL
TRAINING
THE
EMPLOYEES
IMPACT
ASSESSME
NT
PREPARING
SOP
GOVERNMENT
Increase
Revenue
Check
Evasion
Evenly
Distribution
amount State
INDUSTRY
Easy
compliance
Simplification
Single Control
ThankingYou
Ca. Hetal Pandya
Partner
M/s Jay Pandey & Associates
Head office : Shop no. 2, 1st Floor, Mum sub shop keeper premises chs society ltd, c
opp. Chetna college, beside mordern hair saloon, bandra east,
mumbai – 51
Branch office : Green Irish, E- Block, Ghatlodiya,Ahemdabad – 3861000, Gujarat
Email: info@jpaca.in
Mobile: 9833044912/9920996558

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GST - simplified- hetal

  • 1. Goods and Service Tax (GST) A Presentation by M/s. Jay Pandey & Associates Chartered Accountants
  • 2. Present Tax structure in India Tax Structure DirectTax IncomeTax IndirectTax CentralTax Excise ServiceTax Custom (Include BVD, CVD, SCD) StateTax VAT EntryTax, luxury tax, LotteryTax, etc.
  • 3. Problem in Existing Tax Laws However, there are still problems with the system that have not been solved till date.We shall talk about these problems now.  The credit of InputVAT is available against OutputVAT. In the same manner, the credit of input excise/service tax is available for set-off against output liability of excise/service tax. However, the credit ofVAT is not available against excise and vice versa.  VAT is computed on a value which includes excise duty, and no CENVAT credit is allowed for it.This shows that there is a tax on tax! Excise duty and service tax are levied by the Central Government, while theVAT is levied by the State Government, which is one of the reasons why such a cross- utilisation of credits was not allowed. However, this does not constitute a valid reason that justifies the cascading effect of taxes. For the people, it makes no difference if a tax is levied by the Centre or the State – a tax is a tax, and there is a tax on tax.The GST is introduced to combat this problem, among many others.
  • 4. Present System of Indirect Taxes  Let us first understand the various indirect taxes that are presently being levied by the Central & State Governments.  The GST shall subsume all the above taxes, except the Basic Customs Duty that will continue to be charged even after the introduction of GST. Ref Tax Levy By Nature Can Set off Against Convered in GST 1. Central Excise Centre Manufacture 1,2 Yes 2. Service Tax Centre Providing Services 1,2 Yes 3. Customs (BCD) Centre Import No Set off No 4. CVD under custom Centre Additional Import Duty to compensate Excise 1,2 Yes 5. SAD under custom Centre Additional Import Duty to compensate Sales Tax 1,2 Yes 6. CST Centre Inter-state Sales No Set off Yes 7. Vat State Sales within a state 3 Yes 1. Excise Duty, 2. Service Tax and 3. VAT
  • 5. Proposed Tax Structure in India Tax Structure DirectTax IncomeTax IndirectTax = GST (Except customs) Intra- state CGST (Central) SGST (State) Inter State IGST (Central)
  • 6. Subsuming of Existing Taxes • Central Excise • Additional duties of Custom (CVD) • ServiceTax • Surcharges and all cesses CGST • VAT/sales tax • EntertainmentTax • LuxuryTax • LotteryTax • EntryTax • PurchaseTax • Stamp Duty • Goods and passengerTax • Tax on vehicle • Electricity, banking, Real state SGST • CST IGST
  • 7. Taxes to remain BCD EXCISE DUTY ON TABACCO EXPORT DUTY TOLLTAXES ENVIRONMENTTAX TAX ON LIQUORSAND PERTROLEUM PRODUCTS STAMP DUTY PROPERTYTAXES TAX ON ELETRICITY
  • 8. Old System Vs New System DUAL GST MODEL  We begin by stating the dual GST model and the taxes levied on each kind of transaction. See these abbreviations before we understand them- SGST – State GST, collected by the State Govt. CGST – Central GST, collected by the Central Govt. IGST – Integrated GST, collected by the Central Govt.  It is worth mentioning here that the levy of Excise or Service Tax was not dependent on the levy of VAT/CST, as they were governed by different laws..  These are the taxes that shall be levied under the new system of GST. How this shall operate, and how can we have cross utilisation of credits can be seen in the discussion that follows –
  • 9. How GST Operates? Case 1: Sale in one state, resale in the same state In the example illustrated below, goods are moving from Mumbai to Pune. Since it is a sale within a state, CGST and SGST will be levied. The collection goes to the Central Government and the State Government as pointed out in the diagram. Then the goods are resold from Pune to Nagpur. This is again a sale within a state, so CGST and SGST will be levied. Sale price is increased so tax liability will also increase. In the case of resale, the credit of input CGST and input SGST (Rs. 8) is claimed as shown; and the remaining taxes go to the respective governments.
  • 10. HOW GST OPERATES? Case 2: Sale in one state, resale in another state  In this case, goods are moving from Indore to Bhopal. Since it is a sale within a state, CGST and SGST will be levied. The collection goes to the Central Government and the State Government as pointed out in the diagram. Later the goods are resold from Bhopal to Lucknow (outside the state). Therefore, IGST will be levied. Whole IGST goes to the central government.  Against IGST, both the input taxes are taken as credit. But we see that SGST never went to the central government, still the credit is claimed. This is the crux of GST. Since this amounts to a loss to the Central Government, the state government compensates the central government by transferring the credit to the central government. .
  • 11. HOW GST OPERATES? Case 3: Sale outside the state, resale in that state  In this case, goods are moving from Delhi to Jaipur. Since it is an interstate sale, IGST will be levied. The collection goes to the Central Government. Later the goods are resold from Jaipur to Jodhpur (within the state). Therefore, CGST and SGST will be levied.  Against CGST and SGST, 50% of the IGST, that is Rs. 8 is taken as a credit. But we see that IGST never went to the state government, still the credit is claimed against SGST. Since this amounts to a loss to the State Government, the Central government compensates the State government by transferring the credit to the State government.
  • 12. How is GST beneficial for the country? How would it help to improve the country's economy?  1. GST will reduce tax evasion There is a very logical reason as to how GST will help in reducing tax evasion - All traders will insist on taking bills for all their purchases. Let us understand this with an example. Suppose you are a mobile phone distributor. You are buying mobile phones from the manufacturer and selling to wholesaler. This is the net position after introduction of GST.
  • 13. Impact of GST  As we can see, all the distributors will prefer to purchase with invoice, because it gives them a better profit margin.  This is because the distributor will get credit of all the taxes paid at the previous stage. In the present scenario, the distributor has to bear the burden of excise duty.Therefore, for him it makes more sense to simply avoid paying taxes.  However, after the introduction of GST, it will be more beneficial to purchase goods on invoice. Now, if the customer himself insists on taking the bill, we can assume that tax evasion will fall.This is the biggest advantage of GST.
  • 14. Impact of GST 2. GST will give more money to under-developed states Why is Gujarat a very developed state in India? Why can't industries come up in backward states such as Bihar and Jharkhand?  The problem is - lack of infrastructure. Governments in Bihar cannot provide basic facilities such as electricity and water. This is because these states are not rich. Why are these states not rich? Because the tax collections are much less compared to other states.  Take a look at the tax collections of various states in India.
  • 15. Impact of GST  You can see that there is a big difference between states; and that tax collections are highest in manufacturing states. GST will ensure that tax collections in other states also rise, because GST is a consumption based tax.  This is because, being a consumption based tax, tax collection will go to the states in which the goods are consumed, and not where they are manufactured.  Now, where are the goods consumed?Typically speaking, more consumption will take place in states where the population is higher.As a result of this, the per capita tax collection in the economy,across various states will even out  This will be another advantage to the economy of the country, because more taxes will accrue to states that have need of money; which, in turn, will get developed.
  • 16. Impact of GST 3. GST will remove location bias, thereby giving support to smaller businesses  Another big advantange in GST is that it will even out the tax structures of various states.This removes a location bias. Therefore, I can set up my factory in any state of the country, without having to worry about tax differences. In any ideal scenario, taxes should not be a hindrance to my investment decision. In India, this will go away once GST in introduced. This means that even undeveloped locations can see more businesses coming up.  A small retailer in Madhya Pradesh can transfer its goods to Uttar Pradesh and purchase its goods from Rajasthan.It can also take input services from a contractor located in Bihar and pay advertising charges to an agency in Karnataka - all this,without any significant worry about taxation.Why? Because tax structure in all these states will be the same!  In conclusion, we can say that GST is one tax that can be a major break through in the Indian taxation system.  Further, the impact of varyingValueAddedTax (VAT) structure in different states, customs exemptions in Special Economic Zones (SEZ), ServiceTax and corporate tax make supply chain design and optimization all the more challenging.  As the tax and regulatory issues in India evolve, manufacturers and distributors must adjust their footprint and supply chain strategies, requiring greater flexibility and awareness than in most other markets.
  • 17. Set off Heads IGST Input IGST Output CGST Output CGST Input IGST Output CGST Output SGST Input IGST Output CGST Output
  • 18. Stakeholder in Business Chain Goods + Services 1. Manufacturer 2.Wholesaler 3.Retailer4.Consumer 5.Government and Banks
  • 19. Impact on Economy Overall Economy Logistics E-Commerce FMCG/Parmaceuticals Service Sector MSEM Overall Sector
  • 21. Impact on Logistics Pre GST Post GST Interstate tax burden Currently, each of India’s 29 states taxes goods that move across their borders at different rates apart from that Corporate state tax of 2% is levied for inter-state goods transfer. Not applicable. Uniform taxation and no varying tax structures would be allowed across states. Nature of the industry Current interstate taxation has resulted in a large number of unorganized players in this industry. Resulting in fragmented industry. With the introduction of GST, there is likely to be major consolidation in the industry. It could see the emergence of major large players who can span the entire logistics chain. Logistic time Due to trade barriers such as entry taxes, local body taxes, OCTROI and other hurdles, trucks lie idle for 30 to 40% as per industry estimates during their delivery schedule. Improvement in the logistic time after phasing out the border check posts resulting in improvement in operational efficiency through quicker and increased number of deliveries along with reduction in logistic cost during the transit.As per world bank estimation Indian corporates can save upto 30-40% of logistic costs incurred due to stoppages at various tolls and check posts. Cost The existing interstate taxation system has forced the companies to create and maintain warehouses in each state. Currently, there are around 20-30 warehouses per company, one in every state, in addition to this 20-30 Carry & Forwarding agents per state making the supply chain longer and inefficient. GST tax will be levied on transportation of goods and full credit will be available on interstate transactions. Logistic costs are expected to be decreased by 1.5-2.00% of sales on account of optimization of warehouses leading to lower inventory costs which are set up across states to avoid paying 2% corporate sales tax and phasing out of interstate sales tax. There is immense scope for optimization of costs.
  • 22. Impact on E-Commerce Post GST Pricing impact The output rate of tax could be higher for the company compared to the current service tax rate. However, the companies should have a higher credit pool than they do in the current regime, which could reduce the prices of their services. Place of supply Place of supply in case of B2C transactions would be the location of the service provider. Place of supply Place of supply in case of B2B transactions would be the location of the service recipient: It will be important to examine whether there would be rules to define inter-state service or intrastate service.This could be important to understand additional compliance requirement for e-commerce companies. For instance, in case it is stated that e-commerce companies would need to pay applicable CGST + SGST in the state where the service recipient is located, it would result in e- commerce companies taking registration in almost all the states where the service recipients (i.e. vendors) are located. Compliance requirement Currently, e-commerce companies discharge their output service tax liability through centralised registration. Under GST, the centralised registration option may not be available. Hence, e- commerce companies would need to as such obtain registration in each state where they have their place of business, resulting in increased compliances.
  • 23. Impact on FMCG Post GST Pricing impact The 3 lakh crore Fast Moving Consumer Goods (FMCG) industry in India is one of the major contributor to the state exchequer in excess of Rs 40,000 Crores. Major categories being food & beverage followed by household and personal care. GST Rate: GST standard rate at 18% would be lower in comparison to existing effective rate of >26% resulting from 12.5% excise andVAT (at 12 to 14.5% on top of excise). However many of the agricultural processed products enjoyingVAT exemption or lower bracket (4-5%) if included under standard rate a higher tax incidence will result. Even the lower rate of GST for merit goods at 12% will be higher than prevailing rates. Carbonated beverages are however likely to be taxed at de-merit rate of 40% in GST Business Process: The most visible impact of GST would be on the warehousing strategy of FMCG companies. Distribution costs account from 2 to 7% of turnover for FMCG companies. Currently FMCG companies establish warehouses in each state (with the tax consideration to avoid CST on interstate sales) and do stock transfers to them. Subsequently goods are sold to distributors locally.The decision on warehouse is based on tax consideration rather than market proximity or transport considerations. Under GST as local and interstate supply would be tax neutral with India emerging as single largest common market, location of warehouses needs to be reconsidered. Savings to the tune of 1.5% of sales is expected as a result of warehouse rejig.A level playing field would be created in favor of small startups in the business of delivery of organic products. As any supply (sale or stock transfer) would be treated taxable under GST, it could lead to increased requirement of working capital and cash flow getting blocked (till refund claims are settled).Thus more working capital would be required. Many manufacturers have setup their units in areas having tax holidays or incentives (Himachal, Uttaranchal etc.) which may not be available post GST. FMCG manufacturers using imported raw materials will have to rethink the strategy as imports would attract IGST and make them less attractive vis-à-vis local products, although full credit is available. FMCG distributors and retailers would also be able to setoff input credit from services (transport, rent etc.) against their GST liability which was hitherto not possible.
  • 24. Impact on Service Sector i.e. Banking Sector Post GST Tax Rate Services offered by banks are taxed at 14.5% currently which under GST regime are likely to become costlier at standard rate of 17- 18%. Several activities of banks are currently exempt from service tax (Ex: Fund based activities like interest payable on deposits / savings bank accounts and loans disbursed) which would incur GST unless otherwise exclusively exempted. Several services provided to weaker sections of society could get taxed if not exempted making the services costlier Elimination of cascading effect: Banks will also be able to set-off their GST liabilities against credit received on purchase of goods (IT infrastructure and furniture etc.) and resultant savings could get ultimately passed onto end customer.Through the concept of ISD (Input service distribution) the accumulated input credit could be transferred and utilized in cases of locations discharging GST liability are different from location where inputs are received. Business Process: Banks provide services to customers who are mobile not only pan-India but international as well. Ex: Credit cards issued by Bank from central location to a customer may be swiped anywhere.With advent of net banking the address of customer in account is not where he necessarily stays and obtains banking services (Ex: Cheque book, Loans, Statements etc.) A customer having his account in Bengaluru may during his vacation in J&K transfer funds by mobile/net banking to somebody in Hyderabad. etermining point of supply for services would add significantly to compliance costs. Under such circumstance a bank having presence in only 10-15 states will have to take registration for 37 states/UT. In case of loans availed by customers, the initial verification is done by outsourced local agencies, loan processing is done centrally, disbursement done locally, repayment done by net banking/ECS mandate. Under such circumstance determining point of supply at each stage is very cumbersome. Several services by bank to a customer are centralized (Ex: DematAccount,Wealth Management services, bigger home loans etc.) while several others are localized (Ex: Savings account, Personal loan, OD etc.).As is evident these complexities add to compliance costs due to multiple assessments and audits. Clarity on single/multiple ISD registration for distributing inputs across multiple states is needed. As banks deal with a host of vendors, reversal of ITC for services availed from a blacklisted dealer or dealer who does not discharge his GST liability would lead to increased costs and necessitate additional efforts in tracking dealer status. Bank Head office also provides services to branches which may become taxable under GST.The IT systems of banks need to be upgraded to meet all these requirements related to multiple registrations, determining point of supply of services, compliance needs and Input Service distribution. Complying with the requirements of reverse charge and partial reverse charge mechanism would add to further compliance costs.
  • 25. Impact on SMES Starting business becomes easier: Currently, the SalesTax department has various turnover slabs which requireVAT registration.A business with multi-state operation in this case has to follow varied tax rules applicable to different states.This not only creates excess complication but also adds to procedural fees, due to which the price sensitive SMEs will be burdened. Uniform GST will standardize the process. Improved SME Market Expansion : In the current system, big corporations procured goods based on SME locality in order to reduce overheads.Thus SMEs limit their customers within state as they will bear the ultimate burden of tax on interstate sales, reducing their customer base.With implementation of GST, this will be nullified as tax credit will transfer irrespective of location of buyer and seller.This allows SME segment to expand their reach across borders. Lower logistical overheads: As GST is tax neutral it will eliminate time consuming border tax procedures and toll check posts and encourage supply of goods across borders.According to a CRISILAnalysis, the logistical cost for companies manufacturing bulk good will be reduced by around 20%. Such costs can be crucial for the survival of SMEs. Aids SMEs dealing in sales and services: GST will not distinguish between sales and services.This is good news for the SMEs that deal with sales and services model of business, for them the taxation is simplified and will be calculated on total. Unified market: GST will allow edibility in transfer of goods across states and reduce the cost of doing business, as the reform will cut down multiple taxes imposed by state and central government.
  • 26. Myth that SMEs would be negative  Much aligned to this objective, Model GST law released by the Ministry of Finance seeks to bring each person with an aggregate turnover of above Rs 10 lakh within the umbrella of GST.The limit has been kept even lower at Rs 5 lakh for north eastern states. This should create a level playing field for organized and unorganized sector by curbing scope of various tax evasion practices such as creation of multiple entities to enjoy high exemption thresholds.  However, the existing protectionism provided by the government to Small and Medium Enterprises (SMEs) which necessitates them to get out of their comfort zone as far as indirect tax costs and benefits are concerned. "SME manufacturers, presently exempt (if annual taxable turnover is up to Rs 1.5 crore) from paying excise duty, would be liable to pay full rate of GST.This may bring their products up for stiff competition with those of industry leaders in terms of tax costs involved. Small scale service sector is also likely to face an increase in tax rate under GST as against the present effective rate of 15 %,. Not so simple The availability of input tax credits should leave the increased tax incidence on services by only marginally. "Trading entities, on the other hand, should largely welcome GST as it creates a single uniform market for them across the country with improved ease of doing business.  GST would be good for the industry especially manufacturing sector. "SMEs in the service sector enjoys no exemption or concessions. Concessions are only for the SME manufacturers.The total tax incidence in every product that we manufacture in India is anything between 27 to 31%, which is supposed to come down to a 18%. The SMEs whose turnover is up to Rs 1.5 crore were availing excise exemption, but they were subjectVAT/CST/entry tax etc under the state law. It is worth mentioning that the exemption to SME does not mean that the entire Rs 1.5 crore is exempt from excise. The inputs procured by the SMEs are excusable/taxable as it has already suffered tax. By way of Small Scale Industry (SSI) exemption, what benefit they actually get is limited to the excise duty payable only for the value addition at the SMEs end. Assuming that 30% is the value addition on the exempted turnover of Rs 1.5 crore, the actual exemption from excise duty to SME is 12.5% on Rs 45 lakhs (which is Rs 5.62 lakh in a year).Thus the so called SSI exemption is actually 0.375 % of 1.5 crore that is Rs 5.62 lakh per annum.Assuming that on Rs 1.5 crores turn over, the current taxes payable are reduced 7%, under the proposed GST regime, the saving to SMEs will be Rs 10.5 lakh as against a loss of Rs 5.62 lakh resulting in a net gain of Rs 4.88 lakhs.  "Hence, the feeling that SME is going to be negatively impacted by GST is a myth.
  • 28. CRITICAL IMPACT ISSUES – IN DEPTH
  • 29. OVERVIEW OF GST CYCLE LEVY ON SUPPLY OF GOODS OR SERVICES IF INTER-STATE SUPPLY – PAY IGST IF INTRA-STATE SUPPLY – PAY CGST AND SGST DUEATTHETIME OF SUPPLY PAYBLEWITHINTHE PRESCRIBED END OFTHE MONTH/QUARTERTOWHICH SUPPLLY RALATES
  • 30. DEFINITION OF GOODS & SERVICE (SEC. 2(48)) & 2(88)) GOODS • Every kind of movable property other than actionable claim and money • Moveable property shall not include any intangible property. TANGIBLE PROPERTY • Property that can be touched or felt - Felt is experiential e.g. Goodwill • Intangible property means any property other than tangible property SERVICE • Means anything other than goods • Include intangible property and actionable claim but does not include money
  • 31. LEVY OF GST IS ON SUPPLY (SEC. 3) SUPPLY INCUSIVE DEFINITION – INVITE LITIGATION MADE FORA CONSIDERATION SCHEDULE – I – MADEWITHOUT CONSIDERATION IMPORTATION
  • 32. SUPPLY WITHOUT CONSIDERATION – SCHEDULE - I Temporary application of business assets to a private or non-business use Services put to a private or non-business use Assets retained after deregistration Supply of goods and / or services by a taxable person to another taxable or non- taxable person in the course or furtherance of business
  • 33. DEEMED SUPPLY OF GOODS & SERVICE (SCHEDULE – II) GOODS • Any transfer of the title in goods is a supply of goods • Hire purchase • Transfer or disposal of business assets • Disposal by a creditor/financial institution • Closing goods on cessation of business unless business is continued • Supply of goods by any unincorporated association or body of persons to a member thereof SERVICE • Transfer of right to use • Lease of land or building • Treatment or process on another person’s goods • Private use of business goods/assets • Temporary transfer or permitting the use or enjoyment of any intellectual property right • Development, design, programming, customization, adaptation, up gradation, enhancement, implementation of information technology software • Agreeing to the obligation to refrain from an act, or tolerate an act or a situation, or to do an act • Supply of goods, being food or any other article for human consumption or any drink
  • 34. WIDENING THE TAX BASE – REGISTRATIONS (SEC. 19 READ WITH SCHEDULE – III) • Threshold on all India basis • Limit of Rs. 10/5 lakhs Normal cases • Persons making any inter-state taxable supply • Persons who are required to pay tax under reverse charge • Non-resident taxable persons • Persons who supply goods and/or services, other than branded services, through electronic commerce operator • Every electronic commerce operator Mandatory registrations
  • 35. LOCATION OF SUPPLIER (SEC. 2(65)) Fixed Establishment If provided from more than one location, establishment most directly Registered place of business Place of residence
  • 36. PLACE OF SUPPLY – GOODS (SEC. 5 OF IGST ACT) Movement of goods • Place where movement terminates Without movement • Location of goods at the time of delivery On board for conveyance • Location where goods are taken on board On direction of agent • Location of agent Others • As per Law of Parliament
  • 37. PLACE OF SUPPLY – SERVICES (SEC. 6 OF IGST ACT) TYPE PLACE OF SUPPLY Made to a registered person Location of such person Made to other than a registered person Location of the recipient where the address on record exists. If not, location of supplier Immovable property/boat/vessel Location of such property/boat/vessel Restaurant and other personal services like beauty treatment Location where the services are actually performed. Training and performance appraisal Location where the services are actually performed. Services on board a conveyance The first scheduled point of departure Admission to events Place where event is actually held Organization of events/transportation of goods & passengers Location of person if registered or where event is held if not registered Telecommunication services Place of installation, post-paid: billing address, prepaid: place of sale (internet banking: place of recipient on record) Banking & other financial services Place of recipient of service on record
  • 38. TIME OF SUPPLY FOR PAYMENT OF GST – GOODS (SEC. 12) Continuous Supply • As per statement • If not available earliest of date of issue of invoice or receipt of payment Reverse Charge • Date of receipt of goods • Date of payment • Date of receipt of invoice • Date of debit; • Whichever is earlier Goods sent on approval basis • Time of supply when known • Six months; • Whichever is earlier
  • 39. TIME OF SUPPLY FOR PAYMENT OF GST – GOODS (SEC. 12) Date of removal Date of Invoice Receipt of payment Date of receipt by recipient WHICHEVER OCCURS FIRST
  • 40. TIME OF SUPPLY FOR PAYMENT OF GST – SERVICES (SEC. 13) Time of Supply Invoice issued within prescribed time Invoice or receipt; whichever is earlier Invoice not within time Completion of service or receipt; whichever is earlier Continuous supply Due date of payment is ascertainable or earlier of invoice or payment Reverse charge Date of receipt of service, payment, receipt of invoice or debit in books; whichever is earlier
  • 41. GOODS AND SERVICES TAX NETWORK (SEC. 28 & 29) Upload return after paying the Provisional credit allowed tax otherwise considered as subsequently credit claimed by invalid return receiver to be matched with supplier Receiver to pay interest on mis-match from date of availment and not utilization, refund only to the extent of tax & interest paid by supplier GSTN SUPPLIER RECEIVER
  • 42. Information Flow and Associated Entities Common GST Portal (Reconciliation system) Taxpayer State 1Portal State 2 Portal State N Portal NSDL MCA CBDT CBEC (Central Portal) Banks and RBI Send Challan Upload Challan Details File Returns CGST and IGST Returns SGST and IGST Return
  • 43. Returns under GST RETURN (Sec. 27 & 30) DUE DATE FORM Outward Supplies 10th of next month GSTR -1 Inward Supplies 15th of next month GSTR-2 Summary return for all taxable persons except specified herein under 20th of next month GSTR-3 Composition Person 18th of next month following end of quarter GSTR-4 Periodic return by non- resident foreignTaxpayer Last day of registration Last day of registration Input Service Distributor 13th of next month GSTR-6 Tax Deductor 10th of next month GSTR-7 Annual Return 31st December following F.Y. GSTR-8 Final return 3 months from date of cancellation or order of cancellation whichever is later (to include all transactions from last return to date of cancellation)
  • 44. VALUATION – INCLUSIONS (SEC. 14) • Payment made for the inducement of, the supply of goods and/or services • The monetary value of any act or forbearance • Deposit, whether refundable or not be considered unless applied Consideration • Not included in the price • The value of such goods and/or services as are supplied directly or indirectly by the recipient of the supply free of charge or at reduced cost • Royalties and license fees Incurred by recipient • Shall include all taxes other than SGST or the CGST or the IGST Taxes • Commission and packing • Any amount charged for anything done by the supplier in respect of the supply of goods and/or services at the time of, or before delivery of the goods or, as the case may be, Incidental expenses supply of the services Incidental expenses • Which is linked to supply Subsidies
  • 45. VALUATION – INCLUSIONS (SEC. 14) • All reimbursement shall be included Reimbursement • Allowed only if it is in the course of normal trade practice and has been duly recorded in the invoice.Discount beforeTime of in the invoice supply • Allowed only if such post-supply discount is established as per the agreement and is known at or before the time of supply • Specifically linked to relevant invoices Discount afterTime of supply • TransactionValue • Value by Comparison • ComputedValue Method • Residual Method • Rejection of declared value GSTValuation Rules, 2016
  • 46. TRANSITIONAL PROVISIONS – MIGRATION (SEC. 142) Issuance of provisional RC Validity of 6 months or as extended Furnish information as prescribed Provisional RC cancelled if information not submitted in given time. Penal consequences Final RC to be issued if full information is submitted Final RC to be issued if full information is submitted
  • 47. TRANSITIONAL PROVISIONS – UNUTILIZED CREDIT (SEC. 143, 144, 145 & 146) • Amount as per return ending immediately preceding appointed day to be eligible as CGST/SGST Existing CENVAT & ITC balance • Eligible as CGST Un-availed CENVAT on Capital goods • Credit eligible on inputs held in stock or contained in semi-finished or finished goods • Not allowed for purchases older than one year First time registration
  • 48. TRANSITIONAL PROVISIONS – RETURN OF GOODS (SEC. 148 & 150) Exempted goods under earlier Law/Job-work Returned within six months to any place of business No tax payable by the supplier Retuned after six months to any place of business Tax payable is liable under GST
  • 49. TRANSITIONAL PROVISIONS – SUBSEQUENT REVISIONS (SEC. 153) Tax to be paid under GST and debit note to be issued within 30 days of revision Upward adjustment Downward adjustment
  • 50. HOW WE CAN HELP GST LITIGATION COMPLIANCE ERP SYSTEM SUPPORT TRANSITIONAL SHIFTDEVISING NEW BUSINESS MODEL TRAINING THE EMPLOYEES IMPACT ASSESSME NT PREPARING SOP
  • 52. ThankingYou Ca. Hetal Pandya Partner M/s Jay Pandey & Associates Head office : Shop no. 2, 1st Floor, Mum sub shop keeper premises chs society ltd, c opp. Chetna college, beside mordern hair saloon, bandra east, mumbai – 51 Branch office : Green Irish, E- Block, Ghatlodiya,Ahemdabad – 3861000, Gujarat Email: info@jpaca.in Mobile: 9833044912/9920996558