FAQs on Goods and Services Tax (GST)
FAQs on Goods and Services Tax (GST)
Question 1. What is GST? How does it work?
Answer: GST is one indirect tax for the whole nation, which will
make India one unified common market.
GST is a single tax on the supply of goods and services,
right from the manufacturer to the consumer. Credits of input taxes paid
at each stage will be available in the subsequent stage of value addition,
which makes GST essentially a tax only on value addition at each stage.
The final consumer will thus bear only the GST charged by the last dealer
in the supply chain, with set-off benefits at all the previous stages.
Question 2. What are the benefits of GST?
Answer: The benefits of GST can be summarized as under:
For business and industry
o Easy compliance: A robust and comprehensive IT
system would be the foundation of the GST regime in
India. Therefore, all tax payer services such as
registrations, returns, payments, etc. would be
available to the taxpayers online, which would make
compliance easy and transparent.
o Uniformity of tax rates and structures: GST will ensure
that indirect tax rates and structures are common
across the country, thereby increasing certainty and
ease of doing business. In other words, GST would
make doing business in the country tax neutral,
irrespective of the choice of place of doing business.
o Removal of cascading: A system of seamless tax-credits
throughout the value-chain, and across boundaries of
States, would ensure that there is minimal cascading of
taxes. This would reduce hidden costs of doing
business.
o Improved competitiveness: Reduction in transaction
costs of doing business would eventually lead to an
improved competitiveness for the trade and industry.
o Gain to manufacturers and exporters: The subsuming
of major Central and State taxes in GST, complete and
comprehensive set-off of input goods and services and
phasing out of Central Sales Tax (CST) would reduce
the cost of locally manufactured goods and services.
This will increase the competitiveness of Indian goods
and services in the international market and give boost
to Indian exports. The uniformity in tax rates and
procedures across the country will also go a long way in
reducing the compliance cost.
For Central and State Governments
o Simple and easy to administer: Multiple indirect taxes
at the Central and State levels are being replaced by
GST. Backed with a robust end-to-end IT system, GST
would be simpler and easier to administer than all
other indirect taxes of the Centre and State levied so
far.
o Better controls on leakage: GST will result in better tax
compliance due to a robust IT infrastructure. Due to
the seamless transfer of input tax credit from one stage
to another in the chain of value addition, there is an inbuilt
mechanism in the design of GST that would
incentivize tax compliance by traders.
o Higher revenue efficiency: GST is expected to decrease
the cost of collection of tax revenues of the Government, and
will therefore, lead to higher revenue efficiency.
For the consumer
o Single and transparent tax proportionate to the value of
goods and services: Due to multiple indirect taxes being
levied by the Centre and State, with incomplete or no
input tax credits available at progressive stages of value
addition, the cost of most goods and services in the
country today are laden with many hidden taxes. Under
GST, there would be only one tax from the manufacturer
to the consumer, leading to transparency of taxes paid to
the final consumer.
o Relief in overall tax burden: Because of efficiency gains
and prevention of leakages, the overall tax burden on
most commodities will come down, which will benefit
consumers.
Question 3. Which taxes at the Centre and State level are
being subsumed into GST?
Answer:
At the Central level, the following taxes are being subsumed:
a. Central Excise Duty,
b. Additional Excise Duty,
c. Service Tax,
d. Additional Customs Duty commonly known as Countervailing Duty, and
e. Special Additional Duty of Customs.
At the State level, the following taxes are being subsumed:
a. Subsuming of State Value Added Tax/Sales Tax,
b. Entertainment Tax (other than the tax levied by the local bodies),
Central Sales Tax (levied by the Centre and collected by the
States),
c. Octroi and Entry tax,
d. Purchase Tax,
e. Luxury tax, and
f. Taxes on lottery, betting and gambling.
Question 4. What are the major chronological events that
have led to the introduction of GST?
Answer: GST is being introduced in the country after a 13 year long
journey since it was first discussed in the report of the Kelkar Task
Force on indirect taxes. A brief chronology outlining the major
milestones on the proposal for introduction of GST in India is as
follows:
a. In 2003, the Kelkar Task Force on indirect tax had suggested a
comprehensive Goods and Services Tax (GST) based on VAT
principle.
b. A proposal to introduce a National level Goods and Services Tax
(GST) by April 1, 2010 was first mooted in the Budget Speech for
the financial year 2006-07.
c. Since the proposal involved reform/ restructuring of not only
indirect taxes levied by the Centre but also the States, the
responsibility of preparing a Design and Road Map for the
implementation of GST was assigned to the Empowered
Committee of State Finance Ministers (EC).
d. Based on inputs from Govt of India and States, the EC released its
First Discussion Paper on Goods and Services Tax in India in
November, 2009.
e. In order to take the GST related work further, a Joint Working
Group consisting of officers from Central as well as State
Government was constituted in September, 2009.
f. In order to amend the Constitution to enable introduction of GST,
the Constitution (115th Amendment) Bill was introduced in the
Lok Sabha in March 2011. As per the prescribed procedure, the
Bill was referred to the Standing Committee on Finance of the
Parliament for examination and report.
g. Meanwhile, in pursuance of the decision taken in a meeting
between the Union Finance Minister and the Empowered
Committee of State Finance Ministers on 8th November, 2012, a
‘Committee on GST Design’, consisting of the officials of the
Government of India, State Governments and the Empowered
Committee was constituted.
h. This Committee did a detailed discussion on GST design
including the Constitution (115th) Amendment Bill and submitted
its report in January, 2013. Based on this Report, the EC
recommended certain changes in the Constitution Amendment
Bill in their meeting at Bhubaneswar in January 2013.
i. The Empowered Committee in the Bhubaneswar meeting also
decided to constitute three committees of officers to discuss and
report on various aspects of GST as follows:-
(a) Committee on Place of Supply Rules and Revenue Neutral
Rates;
(b) Committee on dual control, threshold and exemptions;
(c) Committee on IGST and GST on imports.
j. The Parliamentary Standing Committee submitted its Report in
August, 2013 to the Lok Sabha. The recommendations of the
Empowered Committee and the recommendations of the
Parliamentary Standing Committee were examined in the
Ministry in consultation with the Legislative Department. Most of
the recommendations made by the Empowered Committee and
the Parliamentary Standing Committee were accepted and the
draft Amendment Bill was suitably revised.
k. The final draft Constitutional Amendment Bill incorporating the
above stated changes were sent to the Empowered Committee for
consideration in September 2013.
l. The EC once again made certain recommendations on the Bill
after its meeting in Shillong in November 2013. Certain
recommendations of the Empowered Committee were
incorporated in the draft Constitution (115th Amendment) Bill.
The revised draft was sent for consideration of the Empowered
Committee in March, 2014.
m. The 115th Constitutional (Amendment) Bill, 2011, for the
introduction of GST introduced in the Lok Sabha in March 2011
lapsed with the dissolution of the 15th Lok Sabha.
n. In June 2014, the draft Constitution Amendment Bill was sent to
the Empowered Committee after approval of the new
Government.
o. Based on a broad consensus reached with the Empowered
Committee on the contours of the Bill, the Cabinet on 17.12.2014
approved the proposal for introduction of a Bill in the Parliament
for amending the Constitution of India to facilitate the
introduction of Goods and Services Tax (GST) in the country. The
Bill was introduced in the Lok Sabha on 19.12.2014, and was
passed by the Lok Sabha on 06.05.2015. It was then referred to
the Select Committee of Rajya Sabha, which submitted its report
on 22.07.2015.
Question 5. How would GST be administered in India?
Answer: Keeping in mind the federal structure of India, there
will be two components of GST – Central GST (CGST) and State
GST (SGST). Both Centre and States will simultaneously levy GST
across the value chain. Tax will be levied on every supply of goods
and services. Centre would levy and collect Central Goods and
Services Tax (CGST), and States would levy and collect the State
Goods and Services Tax (SGST) on all transactions within a State.
The input tax credit of CGST would be available for discharging the
CGST liability on the output at each stage. Similarly, the credit of
SGST paid on inputs would be allowed for paying the SGST on
output. No cross utilization of credit would be permitted.
Question 6. How would a particular transaction of goods and
services be taxed simultaneously under Central
GST (CGST) and State GST (SGST)?
Answer : The Central GST and the State GST would be levied
simultaneously on every transaction of supply of goods and services
except on exempted goods and services, goods which are outside the
purview of GST and the transactions which are below the prescribed
threshold limits. Further, both would be levied on the same price or
value unlike State VAT which is levied on the value of the goods
inclusive of Central Excise.
A diagrammatic representation of the working of the Dual GST
model within a State is shown in Figure 1 below.
Question 7. Will cross utilization of credits between goods
and services be allowed under GST regime?
Answer : Cross utilization of credit of CGST between goods and
services would be allowed. Similarly, the facility of cross utilization
of credit will be available in case of SGST. However, the cross
utilization of CGST and SGST would not be allowed except in the
case of inter-State supply of goods and services under the IGST
model which is explained in answer to the next question.
Question 8. How will be Inter-State Transactions of Goods
and Services be taxed under GST in terms of IGST
method?
Answer: In case of inter-State transactions, the Centre would levy
and collect the Integrated Goods and Services Tax (IGST) on all
inter-State supplies of goods and services under Article 269A (1) of
the Constitution. The IGST would roughly be equal to CGST plus
SGST. The IGST mechanism has been designed to ensure seamless
flow of input tax credit from one State to another. The inter-State
seller would pay IGST on the sale of his goods to the Central
Government after adjusting credit of IGST, CGST and SGST on his
purchases (in that order). The exporting State will transfer to the
Centre the credit of SGST used in payment of IGST. The importing
dealer will claim credit of IGST while discharging his output tax
liability (both CGST and SGST) in his own State. The Centre will
transfer to the importing State the credit of IGST used in payment of
SGST. Since GST is a destination-based tax, all SGST on the final
product will ordinarily accrue to the consuming State.
A diagrammatic representation of the working of the
IGST model for inter-State transactions is shown in Figure 2 below.
Question 9. How will IT be used for the implementation of
GST?
Answer: For the implementation of GST in the country, the
Central and State Governments have jointly registered Goods and
Services Tax Network (GSTN) as a not-for-profit, non-Government
Company to provide shared IT infrastructure and services to
Central and State Governments, tax payers and other stakeholders.
The key objectives of GSTN are to provide a standard and uniform
interface to the taxpayers, and shared infrastructure and services
to Central and State/UT governments.
GSTN is working on developing a state-of-the-art
comprehensive IT infrastructure including the common GST portal
providing frontend services of registration, returns and payments
to all taxpayers, as well as the backend IT modules for certain
States that include processing of returns, registrations, audits,
assessments, appeals, etc. All States, accounting authorities, RBI
and banks, are also preparing their IT infrastructure for the
administration of GST.
There would no manual filing of returns. All taxes can
also be paid online. All mis-matched returns would be autogenerated,
and there would be no need for manual interventions.
Most returns would be self-assessed.
Question 10. How will imports be taxed under GST?
Answer : The Additional Duty of Excise or CVD and the Special
Additional Duty or SAD presently being levied on imports will be
subsumed under GST. As per explanation to clause (1) of article
269A of the Constitution, IGST will be levied on all imports into the
territory of India. Unlike in the present regime, the States where
imported goods are consumed will now gain their share from this
IGST paid on imported goods.
Question 11. What are the major features of the Constitution
(122nd Amendment) Bill, 2014?
Answer : The salient features of the Bill are as follows:
g. Conferring simultaneous power upon Parliament and the State
Legislatures to make laws governing goods and services tax;
h. Subsuming of various Central indirect taxes and levies such as
Central Excise Duty, Additional Excise Duties, Service Tax,
Additional Customs Duty commonly known as Countervailing
Duty, and Special Additional Duty of Customs;
i. Subsuming of State Value Added Tax/Sales Tax, Entertainment
Tax (other than the tax levied by the local bodies), Central Sales
Tax (levied by the Centre and collected by the States), Octroi and
Entry tax, Purchase Tax, Luxury tax, and Taxes on lottery, betting
and gambling;
j. Dispensing with the concept of ‘declared goods of special
importance’ under the Constitution;
k. Levy of Integrated Goods and Services Tax on inter-State
transactions of goods and services;
l. GST to be levied on all goods and services, except alcoholic liquor
for human consumption. Petroleum and petroleum products shall
be subject to the levy of GST on a later date notified on the
recommendation of the Goods and Services Tax Council;
m.Compensation to the States for loss of revenue arising on account
of implementation of the Goods and Services Tax for a period of
five years;
n. Creation of Goods and Services Tax Council to examine issues
relating to goods and services tax and make recommendations to
the Union and the States on parameters like rates, taxes, cesses
and surcharges to be subsumed, exemption list and threshold
limits, Model GST laws, etc. The Council shall function under the
Chairmanship of the Union Finance Minister and will have all the
State Governments as Members.
Question 12. What are the major features of the proposed
registration procedures under GST?
Answer: The major features of the proposed registration
procedures under GST are as follows:
i. Existing dealers: Existing VAT/Central excise/Service Tax
payers will not have to apply afresh for registration under GST.
ii. New dealers: Single application to be filed online for
registration under GST.
iii. The registration number will be PAN based and will serve the
purpose for Centre and State.
iv. Unified application to both tax authorities.
v. Each dealer to be given unique ID GSTIN.
vi. Deemed approval within three days.
vii. Post registration verification in risk based cases only.
Question 13. What are the major features of the proposed
returns filing procedures under GST?
Answer: The major features of the proposed returns filing
procedures under GST are as follows:
a. Common return would serve the purpose of both Centre and
State Government.
b. There are eight forms provided for in the GST business processes
for filing for returns. Most of the average tax payers would be using
only four forms for filing their returns. These are return for
supplies, return for purchases, monthly returns and annual return.
c. Small taxpayers: Small taxpayers who have opted composition
scheme shall have to file return on quarterly basis.
d. Filing of returns shall be completely online. All taxes can also be
paid onine.
Question 14. What are the major features of the proposed
payment procedures under GST?
Answer: The major features of the proposed payments
procedures under GST are as follows:
i. Electronic payment process- no generation of paper at any
stage
ii. Single point interface for challan generation- GSTN
iii. Ease of payment – payment can be made through online
banking, Credit Card/Debit Card, NEFT/RTGS and through
cheque/cash at the bank
iv. Common challan form with auto-population features
v. Use of single challan and single payment instrument
vi. Common set of authorized banks
vii. Common Accounting Codes
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