GST Project
GST Project
SUBMITTED BY:
Name of the Candidate: ANAMIKA RAJAK.
Registration Number: 115-1211-0730-21
Name of the College: Surendra Nath College.
College Roll Number: 139.
CU Exam Roll Number: 211115-11-0043
SUPERVISED BY:
Name of the Supervisor: .
Name of the College: Surendra Nath College.
S.NO
TITLE PG. NO
1. INTRODUCTION. 06-13
2. CONCEPTUAL FRAMEWORK /NATIONAL 14-34
AND INTERNATIONAL SCENERIO.
• IMPACT OF GST ON VARIOUS SECTORS.
• LEVY AND COLLECTION OF GSTS.
• INPUT TAX CREDIT.
3. PRESENTATION OF DATA, ANALYSIS AND 35-38
FINDINGS.
7. CONCLUSION & RECOMMENDATION. 39-41
8. BIBLIOGRAPHY 42-43
INTRODUCTION
TO
GST.
1.1: Introduction
Goods and Services Tax (GST) would be a very significant step in the field of indirect tax
reforms in India. By amalgamating a large number of Central and State taxes into a single
tax, it would mitigate cascading or double taxation in a major way and pave the way for a
common national market. From the consumer point of view, the biggest advantage would
be in terms of a reduction in the overall tax burden on goods. Introduction of GST would
also make Indian products competitive in the domestic and international markets.
ADVANTAGES DISADVANTAGES
• GST eliminates the • Increased costs due to
cascading effect of tax software purchase
• Higher threshold for • Being GST-compliant
registration • GST will mean an increase
• Composition scheme for in operational costs
small businesses • GST came into effect in the
• Simple and easy online middle of the financial year
procedure • GST is an online taxation
• The number of compliances system
is lesser • SMEs will have a higher tax
• Defined treatment for E- burden
commerce operators
• Improved efficiency of
logistics
• Unorganized sector is
regulated under GST
1.5: Tax subsumed in the GST
Following taxes, levied by different Governments,
were subsumed in the GST:
IMPACT OF GST
ON VARIOUS
SECTORS.
The Enforcement of the tax was for the long-term
benefit. There were very few sectors that received an
immediate benefit from the implementation of Goods
and Services Tax (GST).
The long-term benefit requires the patience of citizens. Some of
the major sectors that have been affected by the
implementation of GST are –
• Export-Import sector.
• Real estate.
• Entertainment industry.
• Hotel and tourism.
• Logistics industry.
• Banking sector.
• Gold industry.
• Textile/readymade garment sector.
• It industry.
• Fmcg industry.
Import and Export :
Import will be treated as inter-States supply and IGST will
be chargeable along with basic Customs duty. However, in
GST Export will be treated as Zero rated supplies and no
IGST is payable.
Rates of GST :
The rates of GST are:
PARTICULARS RATES(%)
GST RATES 5%,12%,18%,28%.
GOLD/ARTIFICIAL 3%.
ORNAMENTS
RAW & UNCUT 0.25%.
DIAMOND
MAXIMUM RATE 28%.
BANKING SECTOR
18% GST rates levied on banking services like insurance policies, ATM
transactions etc. The earlier tax rate was 15%. Banking and financial services
become costly. GST has reduced indirect taxes, i.e., Ease of doing business in the
banking and financial sector Which leads to increase in business. It will increase
demand for funds and digital transactions in the banking industry
GOLD INDUSTRY
18% GST rates levied on banking services like insurance policies, ATM
transactions etc. The gold industry is the biggest market in the world. GST on the
gold industry hits to consumers. 3% GST rate that is applicable to 10% import
duty and 5%, making charges which lead to rising the jewellery prices in India.
The demand for Gold may fall 50 to 70 percent. But there is more transparency
in the gold industry due to the GST implementation. It will definitely turn in a
positive impact on a long term.
FMCG INDUSTRY.
FMCG sector is one of the biggest economic platforms in India. After
the GST implementation, Mostly FMCG products and services are taxed
under 18 to 20 percent. Lower GST rates, give Benefits to the business
holder, manufacturers and consumers directly.
LEVY &
COLLECTION
OF CGST &
IGST.
Application of CGST/ IGST Law
A. INTRA-STATE SUPPLY
Centre and States will simultaneously levy GST on every supply of goods or services or both which takes place within
a State or Union territory. Thus, there shall be two components of GST as under:
a. Central tax (CGST): (levied & collected under the authority of CGST
Act, 2017 passed by the Parliament)
b. State tax (SGST) (levied & collected under the authority of SGST
Act, 2017 passed by respective State)
B. Inter-State Supply
Centre will levy Integrated Goods and Services Tax (IGST) on every supply of goods or services or both. However, the
levy shall be shared equally between Central and respective State Government.
Supply includes:
(a). all forms of supply of goods or services or both such as sale, transfer, barter,
exchange, licence, rental, lease or disposal made or agreed to be made for a
consideration by a person in the course or furtherance of business.
Import of service for consideration whether or
not in the course or furtherance of business
[Sec. 7(1)(b)]
The word ‘supply’ includes import of a service (not goods), made for a
consideration and whether or not in the course or in furtherance of
business. This implies that import of paid services even for personal
consumption would qualify as ‘supply’ and, therefore, would be liable
to tax.
Charge of Tax including Reverse Charge
Article 265 of the Constitution of India mandates that no tax shall be
levied or collected except by the authority of law. The charging section
is a must in any tax law for levy and collection of tax. Before imposing
any tax, it must be shown that the transaction falls within the ambit of
the taxable event and that the person on whom the tax is so imposed
also gets covered within the scope and ambit of the charging section.
The scope of the taxable event being ‘supply’ has been discussed in the
earlier Chapter. This chapter will provide an insight into the
chargeability of tax on a supply. Sec.910 is the charging provision of the
CGST Act. It provides the maximum rate of tax that can be levied on
supplies leviable to tax under this law, the manner of collection of tax
and the person responsible for paying such tax. There are four aspects
of levy viz taxable event, tax rate, collection or levy, and the person
liable to pay. Sec. 9 of the CGST Act covers all these aspects.
Goods Exempt from Tax
Vide Notification No. 02/2017-CT (Rates) dated 28/06/2017 (as
amended from time to time) has provided a list of almost 150 items
which are exempt from GST. Few of the most common goods which are
as under:
INPUT
TAX
CREDIT.
BUSINESS:
SEC TERM DEFINATION
2(17) BUSINESS Business includes –
i. any trade, commerce, manufacture, profession,
vocation, adventure, wager or any other similar activity,
whether or not it is for a pecuniary benefit;
ii. any activity or transaction in connection with or
incidental or ancillary to subclause (a);
iii. any activity or transaction in the nature of sub-clause
(a), whether or not there is volume, frequency,
continuity or regularity of such transaction;
iv. supply or acquisition of goods including capital goods
and services in connection with commencement or
closure of business;
v. provision by a club, association, society, or any such
body (for a subscription or any other consideration) of
the facilities or benefits to its members;
vi. admission, for a consideration, of persons to any
premises;
vii. services supplied by a person as the holder of an
office which has been accepted by him in the course or
furtherance of his trade, profession or vocation;
viii. activities of a race club including by way of
totalisator or a license to book maker or activities of a
licensed book maker in such club; and
ix. any activity or transaction undertaken by the Central
Government, a State Government or any local authority
in which they are engaged as public authorities;
2(19) CAPITAL Capital goods means goods, the value of which is
GOODS capitalised in the books of account of the person
claiming the input tax credit and which are used or
intended to be used in the course or furtherance of
business
INPUT TAX CREDIT
SEC TERM DEFINATION
2(59) Input Input means any goods other than capital goods used or intended to be used by
a supplier in the course or furtherance of business;
2(60) Input Input service means any service used or intended to be used by a
service supplier in the course or furtherance of business;
2(61) Input Input Service Distributor means an office of the supplier of goods or services or
Service both which receives tax invoices issued under section 31 towards the receipt of
Distributor input services and issues a prescribed document for the purposes of distributing
the credit of central tax, State tax, integrated tax or Union territory tax paid on
the said services to a supplier of taxable goods or services or both having the
same Permanent Account Number as that of the said office;
2(62) Input tax Input tax in relation to a registered person, means the central tax, State tax,
integrated tax or Union territory tax charged on any supply of goods or services
or both made to him and includesa. the integrated goods and services tax
charged on import of goods; b. the tax payable under the provisions of sec. 9(3)
and (4) [i.e., reverse charge]; c. the tax payable under the provisions of sec. 5(3)
and (4) of the Integrated Goods and Services Tax Act; d. the tax payable under
the provisions of sec. 9(3) and (4) of the respective State Goods and Services Tax
Act; or e. the tax payable under the provisions of sec. 7(3) and (4) of the Union
Territory Goods and Services Tax Act, but does not include the tax paid under
the composition levy;
2(63) Input tax Input tax credit means the credit of input tax
credit
2(66) invoice or Invoice” or “tax invoice” means the tax invoice referred to in section 31;
tax invoice
2(67) Inward Inward supply in relation to a person, shall mean receipt of goods or services or
supply both whether by purchase, acquisition or any other means with or without
consideration;
2(92) Quarter Quarter shall mean a period comprising three consecutive calendar months,
ending on the last day of March, June, September and December of a calendar
year;
2(93) Recipient Recipient of supply of goods or services or both, meansa. where a consideration
is payable for the supply of goods or services or both, the person who is liable to
pay that consideration; b. where no consideration is payable for the supply of
goods, the person to whom the goods are delivered or made available, or to
whom possession or use of the goods is given or made available; and c. where
no consideration is payable for the supply of a service, the person to whom the
service is rendered, and any reference to a person to whom a supply is made
shall be construed as a reference to the recipient of the supply and shall include
an agent acting as such on behalf of the recipient in relation to the goods or
services or both supplied
INPUT BASED ITC COLLECTION:
Manner of determination of input tax credit
in respect of capital goods and reversal
thereof in certain cases [Rule 43]
INTERNATIONAL
GST SCENERIO.
GST was first levied by France in 1954. Today, Malaysia is the
most recent country to join the bandwagon. In countries where
GST has been adopted, manufacturers, wholesalers, retailers
and service providers charge GST at the specified rate on price
of the goods and services from consumers and claim input
credits for GST paid by them on procurement of goods and
services (raw material).
Globally, the broad principles of GST are as under:
▪ GST is a broad-based tax
▪ GST is a destination-based tax
▪ GST is technically paid by suppliers but it is actually
funded by consumers
▪ GST is collected through a staged process i.e. a tax on
the value added to goods or services at every point in
the supply chain
▪ GST is a tax on the consumption of products from
business sources, and not on personal or hobby
activities
▪ Under GST, input tax credit is provided throughout the
value chain for creditable acquisition.
NATIONAL
SCENERIO
OF
GST.
Impact on Businesses:
Price Stability: