GST NOTES UNIT II
GST NOTES UNIT II
GST Registration
Businesses must register for GST if they meet one or more of the
following criteria:
1. Turnover Threshold:
o For goods: ₹40 lakhs for most states (₹20 lakhs for special
category states).
o For services: ₹20 lakhs (₹10 lakhs for special category
states).
2. Interstate Supply: Businesses involved in interstate supply of
goods or services must register for GST, irrespective of turnover.
3. E-Commerce Operators: Sellers who supply goods/services
through an e-commerce platform need to register.
4. Casual Taxable Persons: Individuals who occasionally provide
goods or services in a state where they don’t have a fixed place of
business (like exhibitors at trade fairs).
5. Non-resident Taxable Persons: Businesses located outside India
offering taxable goods/services in India.
6. Others: Agents of suppliers, input service distributors, etc.
Post-Registration Requirements
Important Notes
Conclusion
Under the Goods and Services Tax (GST) regime in India, certain goods
and services are exempt from tax. This is done to encourage certain
sectors, reduce the tax burden on essential goods and services, and
promote public welfare. The exemption can either be specific to the type
of goods or services or related to the value of the supply.
Some goods are entirely exempt from GST, meaning no tax is levied on
their sale or purchase. These goods typically include essential items,
agricultural products, and other necessities.
Examples of Exempted Goods:
1. Agricultural Products:
o Fresh fruits and vegetables.
o Unprocessed cereals (wheat, rice, barley, etc.).
o Fresh milk, eggs, and other dairy products.
o Animal feed.
o Organic manure.
o Seeds for sowing.
1. Healthcare Services:
o Services provided by clinical establishments, hospitals,
nursing homes, or any other medical facility for health care
or medical treatment.
o Diagnostic and medical laboratory services.
o Health and medical insurance services.
2. Educational Services:
o Education provided by educational institutions, such as
schools, colleges, and universities, offering services up to
higher secondary school level or equivalent.
o Services provided by training providers that lead to
certification or accreditation of qualifications recognized by
the government.
3. Transportation Services:
o Transport of goods and passengers by rail, air, or road
(certain exemptions apply to certain types of transport).
o Transport services for the physically handicapped.
o Public transport services like buses and metro trains.
5. Financial Services:
o Services related to loans and credit (e.g., lending by banks
and financial institutions, and services of insurance
companies and mutual funds).
o Services provided by an employee to an employer.
Certain small businesses with turnover below a prescribed limit are also
exempt from GST registration and tax liability. The thresholds vary
based on:
1. Goods: The threshold limit for goods varies based on the nature
of the business (e.g., ₹40 lakhs for most businesses, ₹20 lakhs for
special category states).
2. Services: The threshold limit for service providers is ₹20 lakhs
(₹10 lakhs for special category states).
Important Notes:
Conclusion
The exempted goods and services under GST are mainly targeted at
supporting public welfare, essential goods, and services in various
sectors such as agriculture, health, education, and more. Exemptions also
aim to reduce the tax burden on consumers and keep essential services
accessible.
1. GST at 5%
The 5% GST rate is typically applied to goods and services that are
essential, as well as certain consumer products. The aim is to keep these
items affordable for the public.
Food Items:
o Edible oils (except branded ones).
o Tea and coffee (other than instant).
o Sugar and jaggery.
o Salt.
o Unbranded or loose cereals.
Other Goods:
o Medicines and medical devices (like essential medicines,
though certain life-saving drugs may be exempt).
o Small cars (e.g., electric vehicles like two-wheelers, e-
rickshaws).
Services:
o Transport of passengers by rail in 2nd class, non-AC coaches.
o Construction of affordable housing (under the government's
schemes).
o Hotel accommodation below ₹1,000 per night.
2. GST at 12%
The 12% GST rate is applied to a range of products and services that are
more value-added but not luxury items. This is often used for
intermediate goods or higher value consumer products.
Goods:
o Processed foods (e.g., food preparations, sauces, and ready-
to-eat meals).
o Stainless steel products (such as utensils and pipes).
o Computers and accessories.
o Most non-branded clothing and textiles (not exceeding
₹1,000 per piece).
Services:
o Restaurant services (not in air-conditioned premises).
o Leasing and renting of properties (in certain cases).
o Transportation of goods by air (except for specific high-value
goods).
3. GST at 18%
The 18% GST rate is levied on a wide variety of goods and services,
which are considered standard products in the market and are not
necessarily classified as essential or luxury items.
Goods:
o Consumer electronics (e.g., refrigerators, washing machines,
and air conditioners).
o Processed food items (such as confectioneries, chips, and
snacks).
o Automobiles (except for small cars or electric vehicles).
o Soap, detergents, and cosmetics.
o Furniture and home decor items (except those specifically
exempt or subject to other rates).
Services:
o Telecom services (internet, mobile services, etc.).
o Financial and legal services (e.g., accounting, insurance).
o Hotel services with room tariffs between ₹1,000 and ₹7,500
per night.
o Professional services like consulting, business services.
4. GST at 28%
The 28% GST rate is the highest rate and is primarily applied to luxury
goods and non-essential items. This rate also applies to goods that are
seen as having a high value or those that fall into the "sin" tax category.
Goods:
o Luxury cars and sports vehicles (e.g., high-end cars, SUVs).
o Tobacco products, cigarettes, and other tobacco-related
goods.
o Aerated drinks and sugary beverages.
o Consumer goods with high brand value (e.g., premium
watches, branded apparel).
o Video games and gaming consoles.
Services:
o Cinema and movie tickets (over ₹100 per ticket).
o Hotel accommodation with a tariff exceeding ₹7,500 per
night.
o Services provided by high-end restaurants or luxury hotels.
GST Slabs may change: GST rates may change based on new
government policies, economic needs, or tax reforms. Businesses
need to stay updated with official announcements to ensure
compliance.
Cess: In addition to the standard GST rates, certain goods, like
luxury items and tobacco products, may attract cess, a higher tax
levy, to fund specific welfare schemes (e.g., education cess, health
cess, etc.).
The levy of CGST (Central Goods and Services Tax) and SGST
(State Goods and Services Tax) is part of the dual GST structure in
India, where both the Central Government and the State Governments
have the authority to levy GST on the supply of goods and services. This
is applicable when a supply of goods and services occurs within the
same state or union territory (intra-state supply). The procedure
relating to the levy of CGST and SGST involves understanding how
taxes are collected and distributed between the central and state
governments.
When a supply is intra-state (i.e., the goods or services are sold and
consumed within the same state or union territory), the total GST is
divided equally between the Central Government and the State
Government:
CGST: Collected by the Central Government.
SGST: Collected by the respective State Government.
For example, if the GST rate on a product is 18%, the supplier will
charge:
The next step is to check which GST rate (e.g., 5%, 12%, 18%, 28%)
applies to the goods or services being supplied.
The rate depends on the type of goods or services, as per the GST
rate schedule issued by the government.
The supplier charges both CGST and SGST from the customer on
the sale of goods or services.
The total GST amount (CGST + SGST) is collected and mentioned
on the invoice.
The collected CGST and SGST are deposited with the respective
authorities:
o CGST is paid to the Central Government.
o SGST is paid to the State Government where the supply is
taking place.
This is done through the GST portal using challans during the
regular filing of GST returns.
7. Payment of Taxes:
After filing the return, the taxpayer is required to pay the tax
liability (CGST + SGST) by the due date.
Payments are made through the GST portal using online banking
or other authorized payment modes.
Businesses are eligible to claim Input Tax Credit (ITC) on the GST
paid on their purchases (CGST, SGST) and use this to offset their
GST liability on sales.
For instance, if a business pays CGST and SGST on inputs
(purchases), it can claim the credit and reduce the liability when it
makes outward supplies (sales).
Let’s assume a supplier is selling goods within the state and the goods
are taxed at 18% GST.
GST Calculation:
1. Dual GST: Since CGST and SGST apply only for intra-state
supplies, businesses operating in more than one state may have
to deal with multiple GST returns and compliance requirements.
2. Exemptions and Concessions: Some goods and services are
exempt from CGST and SGST, or may attract a concessional rate.
3. Filing Due Dates: Businesses must adhere to the due dates for
filing GST returns and paying the taxes, to avoid penalties and
interest.
4. Reconciliation: Regular reconciliation between CGST, SGST, and
IGST (for interstate supplies) is essential to ensure proper tax
payments and claims.
Conclusion:
The levy of CGST and SGST is a critical component of the GST system
in India, with the aim of streamlining taxation for intra-state supplies. It
involves careful calculation of the tax on goods or services, invoicing,
and periodic filing of returns to deposit taxes with the appropriate
authorities.
Under the Goods and Services Tax (GST) regime in India, various
Schedules play a significant role in defining the treatment of goods and
services for tax purposes. These schedules cover a range of areas such as
exemptions, tax rates, special treatment for specific items, and other
provisions related to the supply of goods and services. The schedules are
primarily part of CGST Act and IGST Act, and they categorize goods
and services into different tax categories, including exemptions and
specific tax rates.
This allows exporters to claim back the tax paid on inputs used to make
export goods.
Conclusion
The taxable value is the price paid or payable for the goods and services
supplied, excluding GST (CGST, SGST, or IGST). It is essentially the
base amount on which GST is calculated.
Basic Formula:
After determining the taxable value, the next step is to compute the GST
liability under CGST and SGST for intra-state supplies.
The GST rate applied depends on the nature of the goods or services
and the applicable GST slab (5%, 12%, 18%, 28%, etc.).
Note: CGST and SGST are always split equally when the supply is
within the same state (i.e., intra-state supply).
Example:
CGST Calculation:
CGST=9,700×18%2=9,700×9100=₹873\text{CGST} = \frac{9,700 \times
18\%}{2} = \frac{9,700 \times 9}{100} = ₹873
SGST Calculation:
SGST=9,700×18%2=9,700×9100=₹873\text{SGST} = \frac{9,700 \times
18\%}{2} = \frac{9,700 \times 9}{100} = ₹873
So, the total GST charged will be:
CGST = ₹873
SGST = ₹873
Total GST = ₹873 + ₹873 = ₹1,746
There are certain cases that require special treatment when computing
the taxable value and GST liability, such as:
Example: If the supplier charges ₹200 for freight, ₹100 for packing,
and ₹50 for handling, these amounts will be added to the taxable value.
In this case:
After calculating CGST and SGST, the total tax liability is simply the
sum of CGST and SGST.
CGST:
CGST=9,700×9100=₹873\text{CGST} = \frac{9,700 \times 9}{100} = ₹873
SGST:
SGST=9,700×9100=₹873\text{SGST} = \frac{9,700 \times 9}{100} = ₹873
Total GST Liability:
Total GST=₹873+₹873=₹1,746\text{Total GST} = ₹873 + ₹873 = ₹1,746
Conclusion
The first step in the IGST levy process is to determine whether the
supply is inter-state or intra-state:
Example:
2. Levy of IGST
IGST Formula:
Example:
IGST is also levied on imports and exports, with a few key features:
a. IGST on Imports:
The collection and payment process for IGST are slightly different from
the payment of CGST and SGST. The key points are:
b. Payment of IGST:
Payment of IGST:
IGST Credit: ITC on IGST can be used to offset CGST and SGST
liabilities (in that order).
o Example: If you owe ₹500 in CGST and ₹500 in SGST, and
you have an ITC of ₹1,000 in IGST, you can use ₹500 of IGST
credit to pay off the CGST and ₹500 of IGST credit to pay off
the SGST.
CGST/SGST Credit: ITC on CGST and SGST can only be used for the
payment of CGST and SGST, respectively.
7. Refunds Under IGST
Refund Process:
The exporter applies for a refund through the GST Portal for the
ITC accumulated on exports.
Refund claims can also be filed for IGST paid on imports that are
not utilized within the taxable period.
Conclusion
The IGST levy is central to the inter-state supply of goods and services
under the GST framework in India. The procedures for IGST involve
determining the nature of the supply, applying the IGST rate, ensuring
proper documentation, and claiming input tax credit where applicable.
By ensuring that the tax liability is accurately calculated and paid,
businesses can maintain compliance and optimize their tax obligations.
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Here’s a breakdown of eligibility and conditions for claiming ITC under the
Goods and Services Tax (GST) system in India:
1. Registered under GST: The business must be registered under GST, and it
must be a taxable person (except in certain cases like composition scheme).
2. Receipt of Goods/Services: The business should have received the goods or
services or both on which the tax has been paid, and these goods or services
must be used for business purposes.
3. Invoice/Document: A valid tax invoice or any other prescribed document
must be available. The supplier must issue the invoice and mention the GST
details such as GSTIN, amount of tax, etc.
4. Filing Returns: The taxpayer must file GST returns (GSTR-3B, GSTR-1,
etc.) on time. If returns are not filed, ITC cannot be claimed.
5. Goods or Services are Used for Business Purpose: ITC can only be
claimed on goods and services that are used for business purposes. ITC
cannot be claimed on personal expenses or exempt supplies.
Time Limit: ITC must be claimed within the time limit prescribed under
GST, i.e., the due date of filing the GST return for the month of September
following the end of the financial year, or the actual date of filing the annual
return (whichever is earlier).
Reverse Charge Mechanism: In some cases, if the goods or services are
procured under reverse charge (where the recipient is liable to pay tax), ITC
can still be claimed, provided the conditions are met.
Blocked Credits: Certain credits are blocked, even if the conditions are
fulfilled, such as on certain food & beverages, health services, and travel
benefits provided to employees, among others.
4. Proportional ITC
o In case of mixed supplies, the taxpayer must maintain records of
both taxable and exempt supplies and adjust the ITC based on the
proportion of taxable supplies.
This ensures that the input tax credit is claimed only to the extent of the taxable use
of goods and services.
Certain credits are blocked and cannot be claimed, even if all the conditions for
ITC are met. These are specified in Section 17(5) of the CGST Act, which lists
items for which ITC cannot be claimed.
4. Personal Consumption:
o ITC cannot be claimed on goods or services used for personal
consumption.
Motor vehicles (except for specific uses like transporting goods or services)
Food & beverages (unless for business or provided to customers)
Works contracts for construction of immovable property (except for
plant/machinery)
Personal consumption (goods/services for non-business purposes)
Health services (except if used for business)
Membership fees/subscriptions (e.g., to clubs, unless related to business
activities)
Under the Goods and Services Tax (GST) regime in India, various documents are
used to facilitate the smooth flow of transactions, filing returns, and ensuring
compliance. These documents help in tracking the movement of goods, the
payment of tax, and claiming Input Tax Credit (ITC). Here’s an overview of the
important documents under GST:
A tax invoice is the most crucial document under GST, used to record a transaction
between the buyer and seller. It is issued by a registered supplier for taxable supply
of goods and/or services.
Key Features:
Purpose:
A debit note is issued by the supplier to the buyer when there is an increase in the
taxable value or tax amount after the issuance of a tax invoice.
Key Features:
Purpose:
To amend the tax invoice when the amount of tax or supply increases.
A credit note is issued by the supplier to reduce the taxable value or tax amount
after the issuance of a tax invoice. It is usually issued in the case of returns or
reduction in the value of goods.
Key Features:
Purpose:
A bill of supply is issued in cases where no tax is charged, or the supply is exempt
from tax (like in the case of exempted goods or services).
Key Features:
Purpose:
Used when the supplier is not charging GST, and hence no tax invoice is
issued.
5. Receipt Voucher
Key Features:
It’s issued before the supply of goods or services (for advance payments).
Contains the amount received as advance along with applicable GST.
Purpose:
Issued to record the receipt of advance payment, and GST is paid on
receipt.
6. Payment Voucher
A payment voucher is issued when the recipient is liable to pay GST under the
reverse charge mechanism (RCM).
Key Features:
Purpose:
To document the tax payment under the reverse charge mechanism (RCM).
7. Delivery Challan
Key Features:
Purpose:
Used in situations where goods are being moved for job work, under a
transport agreement, or when the invoice is not ready yet.
8. E-Way Bill
An E-Way Bill is a document required for the movement of goods. It’s generated
electronically through the GST portal, especially for the transport of goods worth
over a certain threshold (typically ₹50,000).
Key Features:
Purpose:
This is the official document issued by the GST Department when a business is
successfully registered under GST.
Key Features:
Purpose:
GST returns are a set of documents that need to be filed periodically (monthly,
quarterly, or annually) by registered taxpayers. Some key GSTR forms include:
Key Features:
Purpose:
An Export Bill or Shipping Bill is issued when goods are being exported from
India. It contains the details of the goods being exported, the buyer, and the
consignor.
Key Features:
Purpose:
Conclusion:
These documents form the backbone of the GST compliance system, ensuring
transparency and tracking for both businesses and the government. Proper
maintenance and timely issuance of these documents are crucial for seamless
operations, avoiding penalties, and claiming the correct Input Tax Credit (ITC).
HSN Code and SAC Code are classification codes used under the Goods and
Services Tax (GST) system to identify and categorize goods and services. These
codes play an important role in determining the tax rate applicable to a particular
item or service.
HSN Code is used to classify goods under the GST system. It is an international
system of categorizing goods based on their nature and characteristics. The HSN
code system is developed by the World Customs Organization (WCO) and is used
globally to standardize the classification of goods for customs and taxation
purposes.
6-digit code: The HSN code typically consists of 6 digits, but it can extend to
8 or 10 digits in certain countries, including India, for more detailed
classification.
International standard: HSN is a universally accepted coding system for
goods.
Tax Classification: The HSN code helps in determining the tax rate for
goods. It facilitates the application of the correct GST rate based on the
nature of the goods.
Used for imports and exports: It is also used for international trade,
customs clearance, and shipments.
The HSN code is divided into sections and chapters, with each section containing
several chapters that deal with specific categories of goods. For example:
SAC Code is used for classifying services under the GST regime. Unlike goods,
which are classified using HSN codes, services are categorized using SAC codes.
The SAC code is used to apply the correct GST rate on services and to ensure
smooth processing of GST returns for services.
4-digit code: The SAC code typically consists of a 4-digit number that
represents a specific service.
GST Applicability: SAC codes help determine the GST rate for services.
Service Classification: Services like banking, legal services, consultancy,
etc., have their specific SAC codes to make identification and taxation
easier.
The SAC code is structured in a way where the first two digits represent the broad
category of the service, and the next two digits narrow it down to a specific
service within that category. For example:
9983: This code is used for Professional, technical, and business services
like accounting, engineering services, etc.
9954: This code is used for Construction services.
SAC codes are particularly important for service providers because they
determine the GST rate applicable to their services.
Service providers must use the correct SAC code when filing GST returns
(like GSTR-1 and GSTR-3B) to ensure that the correct tax rate is applied.
Summary:
HSN Code: Used for goods classification. It is a 6-digit or 8-digit code that
helps determine the tax rate for goods.
SAC Code: Used for services classification. It is a 4-digit code used to
determine the applicable tax rate on services.
Both these classification systems are essential for smooth operation, taxation, and
compliance under the GST framework.
Scenario:
Solution:
1. ITC on Purchases:
o The purchase value is ₹1,00,000, and the GST rate is 18%.
o The ITC eligible for ABC Ltd. on the purchase is:
ITC on Purchase=1,00,000×18%=₹18,000\text{ITC on Purchase} =
1,00,000 \times 18\% = ₹18,000
2. Output GST on Sales:
o The sale value is ₹1,50,000, and the GST rate is 18%.
o The GST on sales (output tax) is:
Output GST=1,50,000×18%=₹27,000\text{Output GST} = 1,50,000 \
times 18\% = ₹27,000
3. Utilization of ITC:
o ABC Ltd. can utilize the ITC of ₹18,000 on the purchase against the
output GST liability of ₹27,000.
o The net GST liability payable to the government is:
Net GST Liability=27,000−18,000=₹9,000\text{Net GST Liability} =
27,000 - 18,000 = ₹9,000
Answer:
ABC Ltd. can use ₹18,000 as ITC to pay a portion of the ₹27,000 GST
liability on sales, and the remaining ₹9,000 must be paid in cash.
Scenario:
Solution:
1. Apportionment of ITC:
o Total supplies = ₹2,00,000 (taxable) + ₹50,000 (exempt) =
₹2,50,000.
o The ITC needs to be apportioned between taxable and exempt
supplies.
o The proportion of taxable supplies to total supplies is:
Proportion of Taxable Supplies=2,00,0002,50,000=0.8or80%\
text{Proportion of Taxable Supplies} = \frac{2,00,000}{2,50,000} =
0.8 \quad \text{or} \quad 80\%
2. ITC Eligible for Utilization:
o ITC on total purchases = ₹36,000.
o The ITC eligible for taxable supplies is:
Eligible ITC=36,000×80%=₹28,800\text{Eligible ITC} = 36,000 \
times 80\% = ₹28,800
3. Net GST Liability:
o The output GST on taxable supplies is ₹2,00,000 × 18% = ₹36,000.
o XYZ Enterprises can utilize ₹28,800 of the ITC to pay the output
GST of ₹36,000.
o The net GST liability payable to the government is:
Net GST Liability=36,000−28,800=₹7,200\text{Net GST Liability} =
36,000 - 28,800 = ₹7,200
Answer:
XYZ Enterprises can use ₹28,800 of ITC for taxable supplies and must pay
₹7,200 in cash.
Scenario:
Solution:
Answer:
LMN Ltd. can claim ₹18,000 as ITC per year for 5 years on the capital
goods purchased.
Scenario:
Solution:
Answer:
PQR Ltd. can utilize the ₹18,000 ITC paid under the Reverse Charge
Mechanism to set off any output GST liability in the month.
Scenario:
Solution:
1. ITC Eligibility:
o Since the goods are for personal use and not for business purposes,
DEF Ltd. cannot claim ITC on these purchases.
2. Net GST Liability:
o Since no ITC is available, DEF Ltd. must pay the full GST liability on
the goods purchased.
Answer:
DEF Ltd. cannot claim ITC on these goods, and the entire GST of ₹36,000
will need to be paid by DEF Ltd.
Conclusion: