VIVEKANANDA COLLEGE
College with Potential for Excellence
Reaccredited With ‘A’ Grade (CGPA 3.59 out of 4) by
NAAC
Residential &Autonomous - A Gurukula Institute of Life
Training
Affiliated to Madurai Kamaraj University
Tiruvedakam West, Madurai-625 214
Tamil Nadu
PG & Research Department of Commerce
Dr.K.Chellapandian
M.Com., MBA., M.Sc (Psy)., M.Phil., B.Ed., PGDCA., DGT., Ph.D., NET
Assistant Professor of Commerce
PG & Research Department of Commerce
Vivekananda College
Tiruvedakam West
Madurai- 625 234
Tamil Nadu.
Mobile No : 99767 13199
E-mail id: kchellapandian@vivekanandacollege.ac.in Madurai
WHAT IS TAX?
Tax is the financial charge imposed by
the Government on Income, Commodity or
Activity.
Tax is a price which each citizen pays to
the state to cover his share of the cost of
the general public services which he will
consume.
CLASSIFICATION OF TAXES
Government Imposes two types of taxes namely Direct Taxes
and Indirect Taxes.
A direct tax is a form of tax is collected directly by the
government from the persons who bear the tax burden.
Examples of direct tax is IT (Income Tax)
CLASSIFICATION OF TAX….
Government Imposes two types of taxes namely Direct Taxes
and Indirect Taxes..
An indirect tax is a form of tax collected by mediators
who transfer the taxes to the government, and also perform
functions associated with filing tax returns. The customers
bear the final tax burden.
Examples of indirect taxes are GST (Goods and Services
Tax) & Custom Duty.
Share of Direct and Indirect Tax Revenue
Direct Tax (Major Contribution by Rich)
Indirect Tax (Major Contribution by Poor & Working Class)
Direct Tax Indirect Tax
32%
68 %
Why Are Taxes Levied ?
➢ Taxes constitute the basic source of
revenue to the Government which are utilized
for meeting the expenses of Government like
defence, provision of education, health-care,
infrastructure facilities like roads, dams etc.
1. Safeguard
the security of
the country from
foreign powers.
2. Maintain law
and order in the
country.
3. Bring out
welfare and
development
programmes
Bright the gap between the rich and the poor
Responsibilities of the Government
The Government have a lot of
responsibilities and needs money ………
WHAT IS LAW?
Simply speaking, law is bundle of rules and principles
to be followed by the members of the society.
Theses rules and principles, which regulate and
control conduct of the people toward each other and
towards the society are made by the state.
GST is known as the Goods and Services Tax. It is an
indirect tax which has replaced many indirect taxes in India
such as the excise duty, VAT, services tax, etc.
The Goods and Service Tax Act was passed in the
Parliament on 29th March 2017 and came into effect on 1st
July 2017.
What is GST in India?
In other words, Goods and Service Tax (GST) is levied on the
supply of goods and services.
Goods and Services Tax Law in India is a comprehensive, multi-
stage, destination-based consumption tax that is levied on every
value addition.
GST is a single domestic indirect tax law for the entire country.
What is GST in India?.....
With the implementation of GST, we have already
witnessed a number of positive changes in the fiscal domain of
India. The various taxes that were mandatory earlier are now
obsolete, thanks to this new reformed indirect tax. Not just
that, GST is making sure the slogan “One Nation, One Tax, One
Market” becomes the reality of our country and not just a dream.
Goods and Services Tax - Meaning
In the year 2000, the then Prime Minister Atal Bihari
Vajpayee mooted the concept of GST and set up a committee to design
a Goods and Services Tax (GST) model for the country.
In 2003, the Central Government formed a task force under Vijay
Kelkar, which in 2004 strongly recommended fully integrated ‘GST’ on
national basis.
BIRTH OF GST IN INDIA
Subsequently, the then Union Finance Minister, Shri P. Chidambaram,
while presenting the Union Budget (2006-2007), announced that GST
would be introduced from April 1, 2010. Since then, GST missed
several deadlines and continued to be shrouded by the clouds of
uncertainty.
BIRTH OF GST IN INDIA
However, gained momentum in the year 2014 when the NDA
Government tabled the Constitution (122nd Amendment) Bill,
2014 on GST in the Parliament on 19th December, 2014.
The Lok Sabha passed the Bill on 6th May, 2015 and Rajya Sabha
on 3rd August, 2016. Subsequent to ratification of the Bill by more than
50% of the States, Constitution (122nd Amendment) Bill, 2014 received
the assent of the President on 8th September, 2016 and became
Constitution (101st Amendment) Act, 2016, which paved the way for
introduction of GST in India.
BIRTH OF GST IN INDIA
In the following year, on 27th March, 2017, the Central GST
legislations - Central Goods and Services Tax Bill, 2017, Integrated
Goods and Services Tax Bill, 2017, Union Territory Goods and Services
Tax Bill, 2017 and Goods and Services Tax (Compensation to States) Bill,
2017 were introduced in Lok Sabha. Lok Sabha passed these bills on
29th March, 2017 and with the receipt of the President’s assent on
12th April, 2017, the Bills were enacted.
BIRTH OF GST IN INDIA
The enactment of the Central Acts was followed by the enactment of
the State GST laws by various State Legislatures. Telangana, Rajasthan,
Chhattisgarh, Punjab, Goa and Bihar were among the first ones to pass
their respective State GST laws.
By 30th June, 2017, all States and Union Territories had passed
their respective SGST and UTGST Acts except Jammu and Kashmir. With
effect from 1st July, 2017, the historic indirect tax reform - GST was
introduced. GST law was extended to Jammu and Kashmir on 8th
July, 2017.
BIRTH OF GST IN INDIA
Presently, more than 160 countries have implemented VAT/GST in
some form or the other because this tax has the capacity to raise
revenue in the most transparent and neutral manner.
Most of the countries follow unified GST i.e., a single tax
applicable throughout the country. However, in federal polities like
Brazil and Canada, a dual GST system is prevalent.
Under dual system, GST is levied by both the federal/Union
government and the State Governments.
India, too, has adopted a dual GST.
NEED FOR GST IN INDIA
Deficiencies in the existing
value added taxation
has led to GST A cure for ills of
existing indirect tax
regime
Deficiencies in VAT
Double taxation of a transaction as both goods and services
Non-integration of VAT & service tax
No CENVAT after manufacturing stage
Cascading of taxes on account of (i) levy of Non-VAT able CST
and (ii) inclusion of CENVAT in the value for imposing VAT
Non-inclusion of several local levies in State VAT such as luxury
tax, entertainment tax, etc.
1. GST is a Destination based Consumption Tax:
GST is a consumption base tax i.e. tax will be payable in the state in which
goods and services are finally consumed.
The Destination Principle means that when a transaction takes place
between two states, one state is the Origin State (from where the
movement of goods as services commences) and the other state is the
Destination State (the state where goods/services are consumed).
GST is a destination or consumption based tax, where the destination
state shall earn the tax revenue of GST. This implies that all SGST
collected will accrue to the state where the consumer of the goods or
services, sold resides.
As the GST is a destination - based tax, the tax burden will shift from
the state of origin to the state of consumption, and result in less revenue
for manufacturing and developed states.
As an example, if a car is manufactured in Gujarat
however is bought in the end by means of a customer in
Maharashtra, SGST (or the state aspect in IGST)
might accrue to Maharashtra and not to Gujarat .
2. Concurrent Dual GST:
India has adopted a Dual GST model in view of the federal
structure of the country. Consequently, Centre and States
simultaneously levy GST on taxable supply of goods or services or
both which, takes place within a State or Union Territory.
Now, the Centre also has the power to tax intra-State (within state)
sales & States are also empowered to tax services. GST extends to
whole of India including the State of Jammu and Kashmir.
Under this model, both central and state Governments will levy
GST concurrently. There will be Central GST to be administered by the
Central Government and there will be State GST to be administered by
State Governments.
3. Types of GST:
Under the concurrent dual GST model for India, there are
four different types of GST as listed below:
1. The Central Goods and Services Tax (CGST)
2. The State Goods and Services Tax (SGST)
3. The Union Territory Goods and Services Tax (UTGST)
4. The Integrated Goods and Services Tax (IGST)
GST
1. (CGST) Central Goods and Services
Tax
2. (SGST) State Goods and Services
Tax
3. (UTGST) Union Territory Goods and
Services Tax
4. (IGST) Integrated Goods and
Services Tax
4. Legislative framework of GST:
The legislative framework of GST has been tabulated as
under:
Type of Supply Type of Act Type of Tax
Intra-State Supply
(With in the State or
UT)
Central Goods and Service Tax Act,
2017
Levying CGST
State Goods and Service Tax Act,
2017
Levying SGST
Union Territory Goods and Service
Tax Act, 2017
Levying UTGST
Inter - State Supply
(Between Two States
or UT)
Integrated Goods and Service Tax
Act, 2017
Levying IGST
Intra-State Supply
It refers to any supply where the location of the supplier and the
place of supply are in the same State or Union Territory.
In case of such a supply of goods and services, a seller has to
collect both CGST and SGST.
Thereafter, the CGST part gets deposited with the Central
Government. And the SGST portion gets deposited with the respective
State Government.
Inter-State Supply
It refers to any supply where the location of the supplier and the
place of supply are in:
Two different States
Two different Union Territories
A-State and a Union Territory
Additionally, any supply in a taxable territory, that is not an Intra-State
supply is deemed to be an Inter-State supply.
The following supplies are also treated as Inter-State supplies:
Supplies to or by Special Economic Zones (SEZs)
Goods or Services Imported to India
Services or Goods Exported outside India
Supply of Goods or Services to international tourists
Thus, on the Inter-State supply of goods or services, only IGST is levied and
collected by the Central Government
Four tier structure: GST rate structure is basically a four-tier
tax structure which contains four separate rates: a zero rate, a lower rate
i.e. 5%/ a standard rate i.e. 12%/ and a higher rate i.e. 28%.
5. GST Rate Structure:
GST Rates in India
There are four slabs categorized based on goods and services, as
proposed by the Government:
5%: Under this slab, household items are included like sweets, sugar,
spices, tea, coffee, coal, edible oil, etc.
12%: Under this slab, computers and processed foods are included like
cheese, ghee, ayurvedic medicines, cell phones, and fertilizers, etc. Services
like work contracts, business-class air tickets, and non-ac hotels are also
included.
18%: This slab qualifies for toothpaste, soaps, hair oil, etc. as well as
capital goods and industrial intermediaries.
28%: This slab involves luxurious items such as premium cars, consumer
durables – AC, Refrigerators, etc.
HSN (Harmonised System of Nomenclature) is used for
classifying the goods under the GST.
SAC (Service Accounting Code) A new Scheme of
Classification of Services has been devised wherein the services of
various descriptions have been classified under various sections, headings
and groups. Each group consists of various Service Codes (Tariff).
6. Classification of Goods and Services
7. Taxes to be subsumed under GST Structure.
23 taxes and 17 cesses have been subsumed in GST
State Taxes
State surcharges and cesses in so far
as they relate to supply of goods &
services
Entertainment Tax (except those levied
by local bodies)
Tax on lottery, betting and gambling
Entry Tax (All Forms) & Purchase Tax
VAT/ Sales Tax
Luxury Tax & Taxes on Advertisements
Central Taxes
Central Excise Duty & Additional Excise
Duties
Service Tax
Excise Duty under Medicinal & Toilet
Preparation Act
CVD & Special CVD
Central Sales Tax
Central surcharges & Cesses in so far as
they relate to supply of goods & services
GST Registration means applying for a unique GST Number or
GSTIN i.e. GST Identification Number on the GST Portal.
The taxpayer requires GSTIN to collect and pay GST on the
outward supplies i.e. sales and claim GST Input Tax Credit on the
inward supplies i.e. purchases.
Types of GST Registration depends on the nature of the
business.
9. GST Registration….
He is legally recognized as supplier of goods or services.
He is legally authorized to collect tax from his customers.
He is legally authorised to pass credit to his buyer
He is legally authorised to claim Input Tax Credit (ITC)
Seamless flow of Input Tax Credit at the national level.
Registration enables inter state supplies without any restrictions .
Benefits of Registration
Type of Taxpayers Type of Supplies Exemption Limit With Effect
From April 1, 2019
Normal Taxpayers Supply of Goods only
Aggregate Annual Turnover of
up to Rs. 40 lakhs
Normal Taxpayers Supply of Services only
Aggregate annual turnover of
up to Rs. 20 lakhs
Normal Taxpayers Supply of Goods and
Services
Aggregate annual turnover of
up to Rs. 20 lakhs
Special Category
States
Supply of Goods only
Aggregate annual turnover of
up to Rs. 20 lakhs
Special Category
States
Supply of Services only
Aggregate annual turnover of
up to Rs. 10 lakhs
Special Category
States
Supply of Goods and
Services
Aggregate annual turnover of
up to Rs. 10 lakhs
(A) Threshold limit for Registration:
Note: The Special Category States:
Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram,
Nagaland, Sikkim, Tripura, Himachal Pradesh, Uttarakhand.
1. •Inter -State Taxable Supply.
2.
•Casual Taxable Person.
3.
•Persons Taxable Under the Reverse Charge Basis
4.
•Persons required to deduct TDS and TCS under GST
5.
•Input Service Distributors
6.
• Agent or Principal
7.
• Every E-Commerce Operator
8.
•Non-Resident Taxable Persons
(B) Compulsory Registration
Persons Exclusively Supplying Exempted Goods and
Services.
Agriculturists for the supply of crops produced
from the cultivation of land.
Persons Exclusively making Reverse Charge
Supplies.
The business for which aggregate turnover during
the financial year does not exceed limit.
(C). Persons Not Liable to Registration under GST
(D ) VOLUNTARY REGISTRATION
A business that does not need to apply for
compulsory registration can apply for registration on a
voluntary basis. It is called Voluntary Registration
under GST.
10. Composition Scheme:
Composition Scheme is a simple and easy scheme under GST for
taxpayers.
Small taxpayers can get rid of tedious GST formalities and pay
GST at a fixed rate of turnover.
If the aggregate turnover exceeds the prescribed threshold
limit of Rs.40 lacs (Rs.20 lacs for special category states) for
goods or Rs.20 lacs (Rs.10 lacs for special category states) but is
turnover less than Rs.1.5 Cr (Rs.75 lacs for special category
states), the dealer can register under Composition Scheme.
Conditions for Composition Scheme:
Businesses having a turnover less than Rs.1.5 Crore or Rs.75 Lakhs
(Rs.50 Lakhs for specified services) can opt for this scheme but on any
given day, if the turnover crosses the above mentioned limit, then he
becomes ineligible for the same and has to take registration under the
regular scheme.
Applicable GST Rates (Composition Scheme and Presumptive Scheme)
Type of Business CGST SGST Total
Manufacturer and Traders (Goods)
0.5% 0.5% 1.0%
Restaurant Business
Supplier of food & drinks
2.5% 2.5% 5.0%
Goods or Services or Both (deemed as
mixed supplies)
3.0% 3.0% 6.0%
GST Rates for a Composition Dealer
Applicability period :- These Rates are applicable from 01 April 2019 to
till date
WHO CANNOT OPT FOR COMPOSITION SCHEME?
The following people cannot opt for the
scheme-
1. Supplier of Service other than Restaurant Business.
2. Manufacturer of ice cream, pan masala or tobacco.
3. A person making inter-state supplies.
4. A casual taxable person or a non-resident taxable person.
5.Businesses which supply goods through an e-commerce
Operator.
10. Input Tax Credit (ITC):
One of the fundamental features of GST is the seamless flow of
input credit across the chain (from the manufacture of goods till it
is consumed) and across the country.
Input Tax Credit (ITC) is the tax paid by the buyer on purchase
of goods or services.
Such tax which is paid at the purchase when reduced from
liability payable on outward supplies is known as input tax credit.
In other words, input tax credit is tax reduced from output tax
payable on account of sales.
LETS UNDERSTAND WITH THE HELP OF EXAMPLE
Mr. A purchased goods worth Rs. 18,000 on which GST @ 18% was Rs. 3240.
He sold goods worth Rs. 22,000. GST payable @ 18% is Rs. 3960.
Let us calculate and understand net GST payable and input GST credit.
Outward GST payable - Rs. 3960
Less- GST paid on purchases Rs. 3240
Thus, net GST payable through cash Rs. 720
From above, we understand that Rs 3240 reduced is input tax
credit availed that had been paid on purchases.
Conditions for claiming ITC
A business can claim ITC provided the following conditions have
been met
Dealer must be registered under the GST law.
Dealer must receive the goods or services or both.
It has a GST-compliant invoice.
Its supplier has uploaded the invoice to the GSTN
Its supplier has paid GST to the government
Returns have been filed
A business under composition scheme cannot avail of the input
tax credit.
ITC cannot be claimed for personal use or for goods that are
exempt.
GST is levied on all goods and services, except alcoholic liquor
for human consumption and petroleum crude, diesel, petrol, ATF and
natural gas.
11. Goods Outside GST purview
Common GST Electronic Portal – www.gst.gov.in – a website managed
by Goods and Services Network (GSTN) a company incorporated under the
provisions of section 8 of the Companies Act, 2013] is set by the
Government to establish a uniform interface for the tax payer and a
common and shared IT infrastructure between the Centre, States and Union
Territories)
The GST portal is accessible over Internet (by taxpayers and their
CAs/Tax Advocates etc.) and Intranet by Tax Officials etc. The portal is
one single common portal for all GST related services.
12. GST Common portal
https://services.gst.gov.in/services/login
Primary services offered by GST Common Portal
1. Registration – Anyone willing to register under GST can use
this service
2. Payments – Typically used for creating Challans and tracking
payments
3. User Services – Users can search HSN/SAC code, grievance
redressal, locate GSP and so on
4. Refund – Track refund status
The taxable event in GST is the supply of goods or services or both.
Note that the word used is 'supply' and not 'sale‘.
In general words, supply includes both Inter and Intra state supply of
goods or services or both.
It also includes sales, barter, exchange, transfer, rental, lease, etc.
But all should be done for the course of business of for furtherance of
business.
Consideration is not required for supply. Thus, stock transfers, branch
transfers will also get covered under GST net.
Even free samples will be 'supply of goods. Luckily, goods sent for job
work will not be liable to pay GST.
13. Taxable Event in GST.
GST Council is an apex member committee to modify, reconcile
or to procure any law or regulation based on the context of goods and
services tax in India.
GST Council Structure....
Chairperson: Union Finance Minister Nirmala Sitharaman
State Union Minister in-charge of Finance and Revenue
Finance and Taxation in-charge Minister
Other state government nominated Minister as member of GST
Council
14. GST Council