Goods and Services Tax in India

Similar documents
FDI. Investment by foreign investors directly in the productive assets of another nation.

Indirect Taxes Committee, ICAI

THE CONSTITUTION (ONE HUNDRED AND FIFTEENTH AMENDMENT) BILL, 2011

THE CONSTITUTION (ONE HUNDRED AND FIFTEENTH AMENDMENT) BILL, 2011

GOODS & SERVICES TAX (GST) (Status as on 01 st May, 2017)

M/s PRANJAL JOSHI & CO

Implementation of Goods and Service Tax (GST) in India. Opportunities and Challenges for CMA

GOODS AND SERVICES TAX (COMPENSATION TO THE STATES FOR LOSS OF REVENUE) BILL, 2016

GST Law Guide. Introduction. 1.1 Background of GST. 1.2 What is Goods and Services Tax?

GST Workshop 9th June 2017

GOODS AND SERVICE TAX (GST) IN INDIA Challenges Ahead. February 28, 2016

INTRODUCTION TO GOODS AND SERVICE TAX

Goods and Service Tax The Constitution (101 Amendment) Act, 2016 Notified on 16 th Sept. 2016

CONSTITUTIONAL AMENDMENTS-Proposed. to GST

INTRODUCTION TO GST & CONSTITUTIONAL PROVISIONS

GST GOODS & SERVICES TAX

26 th Year of Publication. A monthly publication from South Indian Bank. To kindle interest in economic affairs... To empower the student community...

GST: An Integrated Tax

GOODS AND SERVICES TAX AN OVERVIEW

Basics of GST. Ganesh Pathuri

Goods and Service Tax (GST)

Goods and Service Tax (GST)

Downloaded from Update PPT on GST (As on 01 st January 2018)

GOODS & SERVICE TAX. Unleashing of the new era in the Indirect Taxation Arena. By CA. Chitresh Gupta

FAQ. Hindustan Shipyard Limited

COMPONENTS OF GST GST. IGST (Interstate and Imports) CGST (Intrastate) SGST (Intrastate)

BRIEF ON GST. GST is a destination based tax and levied at a single point at the time of consumption of goods or services by the ultimate consumer.

The Constitution (One Hundred and Twenty-Second Amendment) Bill, 2014, seeks to amend the Constitution of

Introduction to Goods and Services Tax (GST)

GST - AN OVERVIEW I-5

BACKGROUND OF GST. As per Statement of Objects and Reasons appended to the Constitutional Amendment bill the object of GST is :

INTRODUCTION TO GST. 1.1 constitutional framework of taxes before gst

Goods and Service Tax (GST)

GST Tax of 21 st Century. V S Datey Website

Will the impact of GST benefit to our economy?

GST - AN OVERVIEW I-5

THE CHAMBER OF TAX CONSULTANTS BASIC CONCEPTS O F G S T

GST- A NEW BEGINNING IN INDIAN FINANCIAL SYSTEM

Taxation principles of GST and experience of present law as relevant to GST

Goods and Services Tax (GST): An Overview

GST. Concept & Roadmap By CA. Ashwarya Agarwal

I. Introduction. II. Genesis

VAT CONCEPT AND ITS APPLICATION IN GST

Press Information Bureau Government of India Ministry of Finance

Goods and Service. By CMA Sachin Kathuria. CMA Sachin Kathuria

CHARTERED ACCOUNTANTS THE ROADMAP TO GST

GOODS AND SERVICES TAX

Goods & Services Tax (GST) One Nation One Tax

Asian Research Consortium

Presentation by CA RITESH MEHTA, NAGPUR. B. Com., F.C.A., D.I.S.A (ICAI).

All About GST and Model GST Law

Art. 250 RELEVANT PROVISIONS OF CONSTITUTION OF INDIA x ARTICLE 249 Power of Parliament to legislate with respect to a matter in the State List in the

SALIENT FEATURES OF PROPOSED GST

A PRESENTATION GOODS AND SERVICES TAX AN OVERVIEW

TITLE: GST LAW: AN EXECUTIVE SUMMARY

GST MSME SECTORAL SERIES CENTRAL BOARD OF EXCISE & CUSTOMS. Directorate General of Taxpayer Services. Follow

By: CA Sunnay Jariwala

GST. The New Fiscal Baby

C. B. Thakar, Advocate

Goods and Services Tax in India

READING MATERIAL INDIRECT TAXATION

GST CONCEPT & STATUS As on 01 st May, Introduction

THE GOODS AND SERVICES TAX (GST) IN INDIA: CONCEPTUAL FRAMEWORK AND CHALLENGES

A Note on GST. 1. GST (Goods & Services Tax) is a single tax on the supply of goods and services, right

TAX LAWS STUDY MATERIAL EXECUTIVE PROGRAMME MODULE I PAPER 4 (VOLUME II)

GST & Constitutional Amendment

C A. S H A S H A N K S H E K H A R G U P T A P A R T N E R - I N D I R E C T T A X

Goods and Service Tax in India. CA Ashutosh Thaker

CHAPTER 1: INTRODUCTION TO GST 1.1 BASICS OF GST What is GST?

OVERVIEW OF GOODS & SERVICES TAX (GST) CA. JINIT R SHAH GMJ & Co. J.B. Nagar CPE Study Circle of WIRC 18 th October, 2015

Current Tax Structure in India

Goods and Services Tax A benchmark transformation from present tax regime to the unified tax framework

Goods and Services Tax

THE IMPACT OF GST ON INDIAN CORPORATE GOVERNANCE

GST CONCEPT & STATUS

Summary of Notifications, Circulars from 16 th January2018 to 15 th February 2018

An Overview of Indirect Taxes. By PROF V.N. PARTHIBAN, FICWA, ACS, FIII, ASM, ADIM, MBA, LLM

Taxing times Indirect Tax Forum

Indo-American Chamber of Commerce

Air India. June Page 1

GST with multiple tax rates boon or bane?

IMPACT OF GOODS AND SERVICE TAX (GST)

GOODS AND SERVICE TAX (GST) CONCEPT. Introduction:

PARIMAL PATEL P. J. E-CONSULTANTS AHMEDABAD

Levy and Collection of Tax

Marking Scheme. Session TAXATION (782) CLASS XII. Total marks: 100 Theory: 60 Marks Practical: 40 Marks. 1 Deduction From Gross Total Income

OVERVIEW OF GST. Knowledge update. 29 th August Introduction

Most Expected Questions of GST CS EXECUTIVE (JUNE, 2018 STUDENTS) By

GST Concept and Design

62 taxes on luxuries including taxes on entertainments, amusements, betting and gambling.

DIVISION - I. 2. Basic Concepts of Excise Duty Basic Concepts of Customs Duty Basic Concepts of VAT Basic Concepts of CST 146

Chapter No. - VI. Finding, Conclusions & Suggestions

Important MCQ of GST

CHARTERED ACCOUNTANTS. GST impact on India's entertainment industry and Media sector

GST & YOU. Tally Solutions Pvt. Ltd. All Rights Reserved 2. Tally Solutions Pvt. Ltd. All Rights Reserved Business Presentation

Proposed Amendments in GST Law

Goods and Services Tax INPUT TAX CREDIT September 22, P V SRINIVASAN Corporate Advisor Mobile:

CENTRAL BOARD OF EXCISE & CUSTOMS

GST Implications. All India Distillers Association Hotel Crowne Plaza February 23, Discussion by: CA Gaurav Gupta

GOODS & SERVICES TAX / IDT UPDATE 36

Transcription:

Goods and Services Tax in India Satya Poddar December 1, 2011

Current Patchwork State VAT CENVAT/Service Tax Primary Producers Service Providers Primary Producers Service Providers Manufacturers Service Resellers Manufacturers Service Resellers Distributors Resellers Real Estate Distributors Resellers Real Estate Page 2 of 21

Why GST? Less tax cascading Increased investment and higher GDP Improved competitive position of Indian producers Improved factor productivity Broader base, lower rates Simpler compliance and Improved administration Page 3 of 21

GDP Flow Chart Page 4 of 21

Requirements for Non-cascading Tax Comprehensive base To minimize classification disputes To allow input credits Destination basis of tax Full and immediate credit for both current and capital inputs Page 5 of 21

Constitution Amendments Concurrent Powers to levy GST (Article 246A) GST defined as any tax on supply of goods or services or both except on specified petroleum products, natural gas and alcohol Parliament given exclusive powers to: levy GST on inter-state trade and imports, and apportion revenues among the Union and the States Parliament empowered to constitute: GST Council GST Dispute Settlement Authority Restriction or deletion of existing taxation powers Page 6 of 21

GST Council Parliament may provide for constitution of GST Council to make recommendations to the Union and the States on GST Taxes to be subsumed Tax base, rates, exemptions, and threshold limits Any other matter relating to GST All matters relating to decision-making process within the GST Council to be dealt with in the enactment by Parliament. No clarity whether and how GST Council recommendations binding on governments Page 7 of 21

GST Council and Dispute Settlement Authority Guiding principles for GST Council deleted from the Constitution Bill, but could re-emerge in the enactment by Parliament Development of a common national market Equal treatment of all States Destination principle of taxation Minimization of compliance costs Uniform exemption list Parliament empowered to enact law to create a GST Dispute Settlement Authority To adjudicate any dispute or complaint arising out of a deviation from recommendations of the GST Council Page 8 of 21

Existing Taxation Powers Restricted: Centre Current Union List 84. Duties of excise on tobacco and other goods manufactured in India 92. Taxes on newspapers and advertisements Revisions Duties of excise on specified petroleum products, natural gas, and tobacco To be deleted 92C: Taxes on services To be deleted 83. Customs duties, and export duties No change 89. Taxes on goods/passenger transport by air, sea, and rail No change 91. Rates of stamp duties No change 97. Residual taxation powers No change Page 9 of 21

Existing Taxation Powers Restricted: States Current State List Revisions 52. Entry Tax Taxes on the entry of goods into a local area to the extent levied and collected by a Panchayat or a Municipality 53. Taxes on Electricity No change 54: Taxes of sale and purchase of goods Taxes on specified petroleum products, natural gas, narcotics, and alcohol 55. Taxes on advertisements To be deleted 62. Taxes on entertainment, betting, and gambling Taxes on entertainments and amusements to the extent levied and collected by a Panchayat or a Municipality 49. Taxes on land and buildings No change 50. Taxes on mineral rights No change 51. Excise Duties on alcohol etc. No change 56. Taxes on goods/passenger transport (road and water) No change 58. Taxes on animals and boats No change 63. Stamp duties No change Page 10 of 21

Issues under Debate Excluded Sectors Tax Rates Taxes to be subsumed Inter-state Services Compensation to States Fiscal Autonomy Vs Harmonization Page 11 of 21

Excluded Sectors Land and real property Not taxable because not a sale of goods or services Real property rentals likely to attract GST as a service Alcohol for human consumption Petroleum products Petroleum crude High speed diesel Motor spirit Natural gas Aviation turbine Electricity??? Within the scope, but could be exempted Page 12 of 21

Issues: Excluded Sectors Significant cascading Cascading in petroleum sector alone estimated to be Rs35,000 cr per annum Market distortions Bias against outsourcing Bias in favor of vertical and horizontal integration Breakdown of place-of-supply rules for inter-state (pan-india) services Complex GST design for other sectors No social, economic, or fiscal policy objectives served by exclusion Page 13 of 21

Tax Rates Tax rates evenly split between the Centre and the States Tax Rates: 12%, 16%, 20% 2011-12 2012-13 2013-14 Essential Goods 12% 12% 16% Services 16% 16% 16% Other goods/supplies? 20% 18% 16% Page 14 of 21

Issues Whether need to define Goods and Services Whether rental of real property within the scope of GST? Scope of Entry Tax, and Entertainment Tax to the extent levied and collected by a Panchayat or a Municipality Whether GST Council empowered to recommend subsuming of these taxes Page 15 of 21

TAGUP Report (Technology Advisory Group for Unique Projects) Report submitted on January 31, 2011 Recommends setting up a GST Network (GSTN) responsible for IT systems for GST implementation, and common GST Portal To be incubated within National Securities Depository Limited (NSDL) Common functions (initially) to be managed by GSTN Registration Returns Payments Page 16 of 21

GSTN role and responsibility Dealer registration (including existing dealer master migration and issue of PAN based registration number) Payment management including payment gateways and integration with banking systems Return filing and processing Taxpayer management, including account management, notifications, information, and status tracking Tax authority account and ledger Management Computation of settlement (including IGST settlement) between the Centre and States Processing and reconciliation of import GST and integration with EDI systems of Customs Page 17 of 21

Anticipated Roadmap Referral of the Bill to Parliamentary Select Committee To be followed by Committee hearings and report back to Parliament Preparations for GST Drafting of Model GST Law IGST, Place-of-Supply rules, and reporting system for inter-state sales IT Infrastructure Setting up GSTN Ramp-up implementation of e-filing, and e-payment systems Pilot testing of GST portal Ratification of the Constitution Bill in State Assemblies Tabling and enactment of GST law Page 18 of 21