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Understanding the Goods and
Service Tax (GST) Law
CA Divakar Vijayasarathy
Credits and Acknowledgments
Harish Kumar R
Thirumal V
CA Jugal Narendra Gala
Legends used in the Presentation
CGST Central Goods and Services Tax
CENVAT Central Value Added Tax
GST Goods and Service Tax
GSTN Goods and Services Network
HSN Harmonised System of Nomenclature
IGST Integrated Goods and Services Tax
SGST State Goods and Services Tax
UTGST Union Territory Goods and Services Tax
VAT Value Added Tax
Presentation Schema
Introduction
Central Board of
Indirect Taxes and
Customs
Roadmap to “Goods
and Service Tax
(GST)”
Pre GST Indirect Tax
Structure
Concept of GST
Benefits of GST
Need for GST in
India
Dual GST Structure
Legislative
Framework
Goods and Service
Tax Council
GST Common Portal
Contents of CGST
Act
Contents of IGST Act Statistics
Introduction
Goods and Services Tax (GST) is the Indirect Tax levied in India introduced in July 2017 which was one
of the most important reforms in the Indian Economy
GST subsumed various indirect laws in the country and the led to the formation of a common
national market
The rationale for introduction GST was to eliminate cascading effect of taxes and to reduce
complexities in indirect tax regime of the country
Central Board of Indirect Taxes and Customs governs the functioning and administration of GST in
India
Central Board of Indirect Taxes and Customs (CBIC)
Ministry of Finance
Department of Revenue
CBIC
Chairperson 4 Members
Tax Policy, Indirect Tax Customs Admin & Vigilance Investigation
+
Roadmap to “Goods and Service Tax (GST)”
In 2000, the then Honourable Prime
Minister Shri Atal Bihari Vajpayee
introduced the concept of GST and set up a
committee to design a GST Model
Announcement by the Union
Finance Minister that GST would be
introduced from 1st April, 2010
The Constitution (122nd Amendment)
Bill was introduced in the Lok Sabha
The Constitution
(101st Amendment)
Act was enacted
1st GST
Meeting
GST Council Recommends
CGST, SGST, IGST, UTGST
and compensation Bill
CGST, IGST, UTGST and
Compensation Cess Acts passed
GST Council recommends
all the rules.
All states except J & K
passed their SGST Act
GST Launched SGST Act passed by J&K; CGST and
IGST Ordinances promulgated to
extend GST to J&K.
2000 2006 2014
September,2016
August,2016
2017
April 2017May 2017
1st July, 2017 8th July, 201730th June,2017
Pre GST Indirect Tax Structure
Central Taxes State Taxes
Central Excise duty
Additional duties of excise
Excise duty levied under
Medicinal & Toilet Preparation Act
Additional duties of customs
Service Tax
Surcharges & Cesses
State VAT / Sales Tax
Central Sales Tax
Purchase Tax
Entertainment Tax (other than those levied by local bodies)
Luxury Tax (tax primarily on services offered at hotel, spas
and resorts
Entry Tax (All forms)
Taxes on lottery, betting & gambling
Surcharges & Cesses
Concept of GST
GST is a value added tax levied on manufacture, sale and
consumption of goods and services
GST offers comprehensive and continuous chain of tax credits
The final consumer bears the GST charged by the last supplier in
the supply chain, with set-off benefits at all the previous stages
No cascading of taxes under GST system
GST means any tax on supply of goods, or services or both except taxes on the
supply of the alcoholic liquor for human consumption
Benefits of GST
Win-win situation for the entire country
Brings benefits to all the stakeholders of industry – Government, Businesses and Consumers
Creation of
unified
national
market
Boost to
‘Make in India’
initiative
Enhanced
investment
and
employment
Simplified tax
structure
Easy tax
compliance
Mitigation of
ill effects of
cascading
Benefits derived are
Need for GST in India
Double taxation of a transaction as both goods and services
Presence of cascading of taxes
CENVAT and State-Level VAT were essentially value added taxes, set
off of one against the credit of another was not possible as CENVAT
was a central levy and State-Level VAT was a State levy
Several taxes in the States, such as, Luxury Tax, Entertainment Tax,
etc. were not subsumed in the erstwhile VAT regime
Dual GST
Model of Dual GST:
GST extends to whole of India including the State of Jammu and Kashmir
Centre and States simultaneously levy GST on taxable supply of goods or services or
both which, takes place within a State or Union Territory
India has adopted a Dual GST model in view of the federal structure of the country
Structure
GST is a destination based tax
GST in India comprises of
Central Goods and Services Tax
(CGST) - levied and collected
by Central Government
State Goods and Services Tax
(SGST) - levied and collected
by State Governments/Union
Territories with Legislatures
Union Territory Goods and
Services Tax (UTGST) - levied and
collected by Union Territories
without Legislatures
Integrated Goods and Services Tax
(IGST) - the sum total of CGST
and SGST/UTGST and is levied by
Centre on all inter-State supplies
Legislative Framework
Single legislation - CGST Act, 2017 for levying CGST
Single legislation - IGST Act, 2017 for levying IGST
GST Legislation by each state for levy of SGST
Union Territories without Legislatures [Andaman and Nicobar Islands,
Lakshadweep, Dadra and Nagar Haveli, Daman and Diu and
Chandigarh] are governed by UTGST Act, 2017 for levying UTGST
States and Union territories with their own legislatures [Delhi and
Puducherry] have their own GST legislation for levying SGST
Though there are multiple SGST legislations, the basic features of law, such as chargeability, definition
of taxable event and taxable person, classification and valuation of goods and services, procedure for
collection and levy of tax and similar provisions are uniform in all the SGST legislations
Goods and Service Tax Council
The Council is comprised of the Union Finance Minister (who will be the Chairman of the Council), the
Minister of State (Revenue) and the State Finance/Taxation Ministers as members
It shall make recommendations to the Union and the States on the following issues:
The taxes, cesses and surcharges levied by the Centre, the States and the local
bodies which may be subsumed under GST
The goods and services that may be subjected to or exempted from the GST
Model GST laws, principles of levy, apportionment of IGST and the principles
that govern the place of supply
GST Common Portal
Pre-GST Era
Before GST, several indirect law prevailed over the country and consequently diverse
IT infrastructure and systems were existed
Upon Introduction of GST
A Common Portal was needed which could act as a clearing house and verify the
claims and inform the respective Governments to transfer the funds
The GST portal is accessible over Internet (by taxpayers and their CAs/Tax Advocates
etc.) and Intranet by Tax Officials etc.
It was managed by Goods and Services Network (GSTN)
Functions
Facilitating registration
Forwarding the returns to Central and State authorities
Computation and settlement of IGST
Matching of tax payment details with banking network
Providing various MIS reports to the Central and the State Governments based on the taxpayer
return information; providing analysis of taxpayers' profile, etc.
Contents of CGST Act
Preliminary & Charging
Chapter I Preliminary
Chapter II Administration
Chapter III Levy And Collection Of Tax
Chapter IV Time And Value Of Supply
Chapter V Input Tax Credit
Administrative & Compliance
Chapter VI Registration
Chapter VII Tax Invoice, Credit And Debit Notes
Chapter VIII Accounts And Records
Chapter IX Returns
Chapter X Payment Of Tax
Chapter XI Refunds
Contd.
Assessment & Powers
Chapter XII Assessment
Chapter XIII Audit
Chapter XIV Inspection, Search, Seizure And Arrest
Chapter XV Demands And Recovery
Chapter XVI Liability To Pay In Certain Cases
Appeals & Miscellaneous
Chapter XVII Advance Ruling
Chapter XVIII Appeals And Revision
Chapter XIX Offences And Penalties
Chapter XX Transitional Provisions
Chapter XXI Miscellaneous
• Separate SGST and UTGST Acts are enacted for each jurisdiction
• However the legislations are similar to CGST
Contents of IGST Act
Chapter I Preliminary
Chapter II Administration
Chapter III Levy and Collection of Tax
Chapter IV Determination of Nature of Supply
Chapter V Place of Supply of Goods or Services or Both
Chapter VI Refund of Integrated Tax to International Tourist
Chapter VII Zero rated supply
Chapter VIII Apportionment of Tax and Settlement of Funds
Chapter IX Miscellaneous
Statistics
GST Revenue in FY19-20 [₹ in Crore]
113,865.00
100,289.00 99,939.00 102,083.00
98,202.00
91,916.00
95,380.00
103,492.00 103,184.00
0.00
20,000.00
40,000.00
60,000.00
80,000.00
100,000.00
120,000.00
Apr 2019 May 2019 Jun 2019 Jul 2019 Aug 2019 Sep 2019 Oct 2019 Nov 2019 Dec 2019
GST Revenue since Introduction [₹ in Crore]
0
20000
40000
60000
80000
100000
120000
1,03,184
Indirect Tax Revenue [₹ in Crores]
459,496.05 476,492.65
518,064.85
683,313.83
768,126.53
107,520.62
2012-13 2013-14 2014-15 2015-16 2016-17 2017-18
(upto June)
740,650.00
1,177,370.0
0
908,350.00
2017-18
(from July)
2018-19 2019-20
(upto Dec)
Revenue from Central Excise and Other State Taxes^
^ revenue for some states not included due to non-availability of data
Revenue from GST
GSTN Statistics
GST Registrations – Region-wise
State Total Registrations
Maharashtra 15,58,678
Uttar Pradesh 14,85,975
Gujrat 9,94,384
Tamil Nadu 9,76,040
Karnataka 8,43,210
Delhi 7,69,931
Rajasthan 7,06,682
West Bengal 6,99,262
Haryana 4,49,368
Bihar 4,33,678
Madhya Pradesh 4,19,267
Telangana 4,17,133
Andhra Pradesh 4,00,115
Kerala 3,58,546
Punjab 3,54,076
Odisha 2,54,372
Assam 1,86,902
Jharkhand 1,71,701
Uttarakhand 1,64,597
State Total Registrations
Chhattisgarh 1,41,759
Himachal Pradesh 1,11,168
Jammu and Kashmir 1,03,781
Goa 40,682
Chandigarh 29,794
Meghalaya 29,449
Tripura 28,450
Puducherry 23,330
Arunachal Pradesh 15,957
Manipur 12,312
Nagaland 9,219
Sikkim 8,598
Dadra and Nagar Haveli 8,479
Mizoram 6,407
Daman and Diu 6,263
Andaman and Nicobar Island 5,299
Lakshadweep 322
Other Territory 77
As on 30th November 2019
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Understanding the Goods and Service Tax (GST) Law

  • 1. Understanding the Goods and Service Tax (GST) Law CA Divakar Vijayasarathy
  • 2. Credits and Acknowledgments Harish Kumar R Thirumal V CA Jugal Narendra Gala
  • 3. Legends used in the Presentation CGST Central Goods and Services Tax CENVAT Central Value Added Tax GST Goods and Service Tax GSTN Goods and Services Network HSN Harmonised System of Nomenclature IGST Integrated Goods and Services Tax SGST State Goods and Services Tax UTGST Union Territory Goods and Services Tax VAT Value Added Tax
  • 4. Presentation Schema Introduction Central Board of Indirect Taxes and Customs Roadmap to “Goods and Service Tax (GST)” Pre GST Indirect Tax Structure Concept of GST Benefits of GST Need for GST in India Dual GST Structure Legislative Framework Goods and Service Tax Council GST Common Portal Contents of CGST Act Contents of IGST Act Statistics
  • 5. Introduction Goods and Services Tax (GST) is the Indirect Tax levied in India introduced in July 2017 which was one of the most important reforms in the Indian Economy GST subsumed various indirect laws in the country and the led to the formation of a common national market The rationale for introduction GST was to eliminate cascading effect of taxes and to reduce complexities in indirect tax regime of the country Central Board of Indirect Taxes and Customs governs the functioning and administration of GST in India
  • 6. Central Board of Indirect Taxes and Customs (CBIC) Ministry of Finance Department of Revenue CBIC Chairperson 4 Members Tax Policy, Indirect Tax Customs Admin & Vigilance Investigation +
  • 7. Roadmap to “Goods and Service Tax (GST)” In 2000, the then Honourable Prime Minister Shri Atal Bihari Vajpayee introduced the concept of GST and set up a committee to design a GST Model Announcement by the Union Finance Minister that GST would be introduced from 1st April, 2010 The Constitution (122nd Amendment) Bill was introduced in the Lok Sabha The Constitution (101st Amendment) Act was enacted 1st GST Meeting GST Council Recommends CGST, SGST, IGST, UTGST and compensation Bill CGST, IGST, UTGST and Compensation Cess Acts passed GST Council recommends all the rules. All states except J & K passed their SGST Act GST Launched SGST Act passed by J&K; CGST and IGST Ordinances promulgated to extend GST to J&K. 2000 2006 2014 September,2016 August,2016 2017 April 2017May 2017 1st July, 2017 8th July, 201730th June,2017
  • 8. Pre GST Indirect Tax Structure Central Taxes State Taxes Central Excise duty Additional duties of excise Excise duty levied under Medicinal & Toilet Preparation Act Additional duties of customs Service Tax Surcharges & Cesses State VAT / Sales Tax Central Sales Tax Purchase Tax Entertainment Tax (other than those levied by local bodies) Luxury Tax (tax primarily on services offered at hotel, spas and resorts Entry Tax (All forms) Taxes on lottery, betting & gambling Surcharges & Cesses
  • 9. Concept of GST GST is a value added tax levied on manufacture, sale and consumption of goods and services GST offers comprehensive and continuous chain of tax credits The final consumer bears the GST charged by the last supplier in the supply chain, with set-off benefits at all the previous stages No cascading of taxes under GST system GST means any tax on supply of goods, or services or both except taxes on the supply of the alcoholic liquor for human consumption
  • 10. Benefits of GST Win-win situation for the entire country Brings benefits to all the stakeholders of industry – Government, Businesses and Consumers Creation of unified national market Boost to ‘Make in India’ initiative Enhanced investment and employment Simplified tax structure Easy tax compliance Mitigation of ill effects of cascading Benefits derived are
  • 11. Need for GST in India Double taxation of a transaction as both goods and services Presence of cascading of taxes CENVAT and State-Level VAT were essentially value added taxes, set off of one against the credit of another was not possible as CENVAT was a central levy and State-Level VAT was a State levy Several taxes in the States, such as, Luxury Tax, Entertainment Tax, etc. were not subsumed in the erstwhile VAT regime
  • 12. Dual GST Model of Dual GST: GST extends to whole of India including the State of Jammu and Kashmir Centre and States simultaneously levy GST on taxable supply of goods or services or both which, takes place within a State or Union Territory India has adopted a Dual GST model in view of the federal structure of the country
  • 13. Structure GST is a destination based tax GST in India comprises of Central Goods and Services Tax (CGST) - levied and collected by Central Government State Goods and Services Tax (SGST) - levied and collected by State Governments/Union Territories with Legislatures Union Territory Goods and Services Tax (UTGST) - levied and collected by Union Territories without Legislatures Integrated Goods and Services Tax (IGST) - the sum total of CGST and SGST/UTGST and is levied by Centre on all inter-State supplies
  • 14. Legislative Framework Single legislation - CGST Act, 2017 for levying CGST Single legislation - IGST Act, 2017 for levying IGST GST Legislation by each state for levy of SGST Union Territories without Legislatures [Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu and Chandigarh] are governed by UTGST Act, 2017 for levying UTGST States and Union territories with their own legislatures [Delhi and Puducherry] have their own GST legislation for levying SGST Though there are multiple SGST legislations, the basic features of law, such as chargeability, definition of taxable event and taxable person, classification and valuation of goods and services, procedure for collection and levy of tax and similar provisions are uniform in all the SGST legislations
  • 15. Goods and Service Tax Council The Council is comprised of the Union Finance Minister (who will be the Chairman of the Council), the Minister of State (Revenue) and the State Finance/Taxation Ministers as members It shall make recommendations to the Union and the States on the following issues: The taxes, cesses and surcharges levied by the Centre, the States and the local bodies which may be subsumed under GST The goods and services that may be subjected to or exempted from the GST Model GST laws, principles of levy, apportionment of IGST and the principles that govern the place of supply
  • 16. GST Common Portal Pre-GST Era Before GST, several indirect law prevailed over the country and consequently diverse IT infrastructure and systems were existed Upon Introduction of GST A Common Portal was needed which could act as a clearing house and verify the claims and inform the respective Governments to transfer the funds The GST portal is accessible over Internet (by taxpayers and their CAs/Tax Advocates etc.) and Intranet by Tax Officials etc. It was managed by Goods and Services Network (GSTN) Functions Facilitating registration Forwarding the returns to Central and State authorities Computation and settlement of IGST Matching of tax payment details with banking network Providing various MIS reports to the Central and the State Governments based on the taxpayer return information; providing analysis of taxpayers' profile, etc.
  • 17. Contents of CGST Act Preliminary & Charging Chapter I Preliminary Chapter II Administration Chapter III Levy And Collection Of Tax Chapter IV Time And Value Of Supply Chapter V Input Tax Credit Administrative & Compliance Chapter VI Registration Chapter VII Tax Invoice, Credit And Debit Notes Chapter VIII Accounts And Records Chapter IX Returns Chapter X Payment Of Tax Chapter XI Refunds
  • 18. Contd. Assessment & Powers Chapter XII Assessment Chapter XIII Audit Chapter XIV Inspection, Search, Seizure And Arrest Chapter XV Demands And Recovery Chapter XVI Liability To Pay In Certain Cases Appeals & Miscellaneous Chapter XVII Advance Ruling Chapter XVIII Appeals And Revision Chapter XIX Offences And Penalties Chapter XX Transitional Provisions Chapter XXI Miscellaneous • Separate SGST and UTGST Acts are enacted for each jurisdiction • However the legislations are similar to CGST
  • 19. Contents of IGST Act Chapter I Preliminary Chapter II Administration Chapter III Levy and Collection of Tax Chapter IV Determination of Nature of Supply Chapter V Place of Supply of Goods or Services or Both Chapter VI Refund of Integrated Tax to International Tourist Chapter VII Zero rated supply Chapter VIII Apportionment of Tax and Settlement of Funds Chapter IX Miscellaneous
  • 21. GST Revenue in FY19-20 [₹ in Crore] 113,865.00 100,289.00 99,939.00 102,083.00 98,202.00 91,916.00 95,380.00 103,492.00 103,184.00 0.00 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 Apr 2019 May 2019 Jun 2019 Jul 2019 Aug 2019 Sep 2019 Oct 2019 Nov 2019 Dec 2019
  • 22. GST Revenue since Introduction [₹ in Crore] 0 20000 40000 60000 80000 100000 120000 1,03,184
  • 23. Indirect Tax Revenue [₹ in Crores] 459,496.05 476,492.65 518,064.85 683,313.83 768,126.53 107,520.62 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 (upto June) 740,650.00 1,177,370.0 0 908,350.00 2017-18 (from July) 2018-19 2019-20 (upto Dec) Revenue from Central Excise and Other State Taxes^ ^ revenue for some states not included due to non-availability of data Revenue from GST
  • 25. GST Registrations – Region-wise State Total Registrations Maharashtra 15,58,678 Uttar Pradesh 14,85,975 Gujrat 9,94,384 Tamil Nadu 9,76,040 Karnataka 8,43,210 Delhi 7,69,931 Rajasthan 7,06,682 West Bengal 6,99,262 Haryana 4,49,368 Bihar 4,33,678 Madhya Pradesh 4,19,267 Telangana 4,17,133 Andhra Pradesh 4,00,115 Kerala 3,58,546 Punjab 3,54,076 Odisha 2,54,372 Assam 1,86,902 Jharkhand 1,71,701 Uttarakhand 1,64,597 State Total Registrations Chhattisgarh 1,41,759 Himachal Pradesh 1,11,168 Jammu and Kashmir 1,03,781 Goa 40,682 Chandigarh 29,794 Meghalaya 29,449 Tripura 28,450 Puducherry 23,330 Arunachal Pradesh 15,957 Manipur 12,312 Nagaland 9,219 Sikkim 8,598 Dadra and Nagar Haveli 8,479 Mizoram 6,407 Daman and Diu 6,263 Andaman and Nicobar Island 5,299 Lakshadweep 322 Other Territory 77 As on 30th November 2019
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