Gst-Act: Goods and Services Tax. One Nation-One Tax
Gst-Act: Goods and Services Tax. One Nation-One Tax
Gst-Act: Goods and Services Tax. One Nation-One Tax
1
Basics of Taxes
Central Levies
State Levies
Local Levies
2
CHAPTER -1-GST Act 2017-INTRODUCTION
GST is Single Tax across India.( replacing all earlier Indirect Tax Except for Customs duty)
Major Tax reform in India since independence.
GST is a Tax applicable on Supply of Goods & Services across India.
GST is also known as Value Added Tax. (Multi point Tax system)
NO GST on Export of Goods & Services ( Full Exempted)
Out of Total Tax revenue collection of India , 60 % is Indirect Tax share.
GST council at Centre level will administer the whole GST structure.
3
Types of Taxes
– Customs Duty
– Excise Duty
– Sales Tax
– Stamp Duty
– Service Tax
– Octroi / Municipal Taxes, Property Taxes etc.
4
Indirect Tax –Overview
Maharashtra value Added Tax (MVAT Act 2002) (Effective from 1st April 2005) (State Act: Goods Moving
within the state of Maharashtra, Transaction covered under this Act.
Central Sales Tax Act, 1956 (CST Act) (Central Act, common in whole of India) (Central Govt i.e Finance
Minister of India amends this Act) (Goods Moving from one state to another state transaction covered
under CST Act).
Central Excise Act 1944 (It is a Central Act which is common in whole of india).Applicable on Goods
which are Produced or Manufactured & Consumed in India.
Customs Act 1962 (It is a Central Act which is common in whole of india).Applicable on Goods from
Outside Imported & Exports.
Service Tax (Finance Act 1994) (Central Act). Applicable on Services only
5
Incidences & Levy of Taxes in India
6
GST – Largely in Lieu of ….
GST – CGST / SGST / IGST
7
INEFFICIENCIES IN CURRENT TAX REGIME
Inefficiencies... ….Consequences
Multiple taxes at both Federal
and State level Increased Tax costs
(Double taxation, Overlap in taxable values) both Centre & State end up taxing same
transaction
Non-Vatable taxes / Cascading
impact
(VAT/CST on Excise duty, Octroi /LBT on VAT) Flawed structure
Tax concerns drive business decisions
Narrow Tax base (higher threshold limits) over operational efficiencies
Cumbersome procedures
(Declaration Forms, )
8
CURRENT TAX STRUCTURE & COST
Purchase
NCCD Tax
Luxury Entry
Tax Tax,
Service CVD & LBT
CGST
Tax
Excise
duty
SAD
SGST
Cesses
VAT/CST
Surchar
ges
Surchar Entertai
Cesses ges nment
Tax
11
Change in Tax Structure
Current Tax Regime GST Regime
Excise Duty
Depots Depots
Manufacturers Manufacturers IGST
Dealers Dealers
CGST /
VAT
SGST
Customer Customer
12
TAXES NOT GETTING SUBSUMED IN GST
Sales tax
on
Petroleum
Petroleum products limited to: products
Excise
duty on •Petroleum Crude
Petroleum Property
products •Diesel Tax
•Motor Spirit
•Natural Gas
Excise
duty on
•Aviation Turbine Fuel Stamp
Duty
Tobacco
products
Road Tax /
Vehicle
Tax
Basic
Customs
duty
Electricity
duty
15
TAXABLE EVENT
Trigger point for GST levy is “supply” of ‘goods’ and/or ‘services’
GST is generally levied when “supply” is made for –
• A consideration (exception apply)
• Business purpose
18
Taxability in GST – General provisions
Supply should be of “goods” and / or “services”
‘goods’ means very kind of movable property (includes ‘actionable claim’
but excludes ‘money’ & ‘securities’). Actionable claim limited only to
“Lottery, Betting & Gambling”
‘services’ means anything other than ‘goods’ (excludes ‘money’ &
‘securities’). However, sale of immovable property (Land & Buildings for
which Occupancy Certificate is issued) not taxable in GST.
19
Taxability in GST – General provisions
Aggregate turnover upto Rs. 20 lakh p.a. not taxable (North East States upto
Rs. 10 lakh) (Threshold limit will not apply in the case of inter-state and reverse
charge transactions)
20
GST - Registration
21
Registration In GST
Every Supplier to obtain GST Registration in the State from where he makes a
taxable supply of goods and/or services:
In relation to “goods”: Registration is required to be taken in the State from
where such movement originate or where goods are located
Typically, a single GST Registration is required for all supplies made from a
particular State.
23
GST–Classification (Goods Vs. Services)
Schedule II of Model GST Law
Goods Vs. Services
25
GST- Valuation
26
VALUATION IN GST
GST is payable on “Transaction Value”, i.e., the Price paid for supplies
made to “unrelated person” and where “price is the sole consideration”
28
GST – Nature of Tax
Intra-state – CGST plus SGST
Vs.
Inter-state - IGST
29
Nature Of Tax
Stock-Transfers
No Tax when the stock-transfers happen within a State
IGST applies on inter-state stock transfers
30
Dual Nature Of Tax
Location of
Supplier & Place
of Supply in the
same state:
CGST+SGST
Location of Supplier
& Place of Supply in
different state:
IGST
31
GST - Input Tax Credit
32
INPUT TAX CREDIT
Applicability:
In general, ITC of GST & Compensation Cess paid on any goods or
services is allowed if used for business activities.
33
ITC Entitlement
Fundamentally ITC is not allowed for use in –
Non-business activities / Non-taxable activities
Supplies for charity, supplies put to use for private consumption
Free of Cost material, Trade Samples
Exempt supplies –as notified by Govt.
However supplies for Exports & SEZ are zero rated for which ITC is allowed
ITC needs to be reversed with interest if payment is not made within 180 days
from date of invoice. Re-credit of ITC allowed if payment made subsequently.
Time Limit: All ITC Claims to be settled before September month of next
financial year
35
CONDITIONS FOR TAKING ITC
Other Limitations
No credit of Capital Assets can be taken if Depreciation is claimed under
Income Tax
36
MANNER OF ITC UTILISATION
Order in which ITC to be Utilised Restriction in ITC Utilisation
IGST
• IGST IGST CGST
IGST • CGST SGST
CGST SGST
• SGST
SGST
• IGST GST Comp.
Cess
37
GSTN Portal
38
GST – Time of Supply
39
TIME OF SUPPLY
(DATE BY WHICH TAX LIABILITY GETS TRIGGERED)
41
GST – Returns
42
RETURNS IN GST
Supplier Recipient
GSTR - 1 GSTR - 1
(Outward Supplies) (Outward Supplies)
To be filed by 10th of following month To be filed by 10th of following month
GSTR - 3 GSTR - 3
(Monthly Return) (Monthly Return)
Pay due tax after set-off and file Pay due tax after set-off and file GSTR-3
GSTR-3 by 20th of following month by 20th of following month 43
RETURNS IN GST …..continued
• GSTR-4: Quarterly Return for compounding Taxable persons
• GSTR-8: Returns for e-commerce operator & Tax Collected at Source (TCS)
44
Current Taxes
Vs.
GST
(Impact on Transactions)
45
Probable GST Rate Structure
Category Illustrative Items Current Tax (%) GST (%)
EXCISE VAT
Exempt Goods/
Agro Products NIL NIL NIL
Services
Partially
Tractor NIL 5.5 5
Exempted
Merit Goods Electric Vehicles 6 5.5 12
Services 15 NIL 18
46
Proposed Indirect Tax Structure for Auto Industry
Current Scenario GST Scenario (Indicative)
Excise Duty CGST
1. Duty on Manufacturing 1. Tax on Supply of goods
2. Vehicles - Tax rate 12.63 % to 35.13 % 2. Single rate 14%, Cess on Luxury Cars could be 12%
3. Spares – 12.5% after abatement 3. Spares – 9%
State VAT SGST
1. Different states different rates 1. Uniform Rate across all States
2. Vehicles- Tax rate 12.5% to 15% 2. Single rate for Vehicles 14%
3. Some States have 5% rate for Spares 3. For Spares 9% across all States
Interstate Stock Transfer Interstate Stock Transfer
1. Excise duty as mentioned above 1. IGST @ 28% plus Cess could be 12% fully cenvatable
2. 0% VAT / CST against Form F 2. F Forms will be abolished
Interstate Sales / CST Interstate Sales
1. Excise duty as mentioned above 1. IGST @ 28% Plus Cess could be 12% full cenvatable
2. CST 2% against Form C 2. C forms Abolished
Service Tax Services GST
1. Service Tax @ 14.5% (0.5% Non Cenvatable) 1. CGST @ 9%
2. 15% wef 1st Jun, 2016 (with 05% Krushi Vikas 2. SGST @ 9%
Cess) 3. IGST 18%
47
4. Fully Cenvatable on inputs
GST benefits to M&M
Cost of 2% CST on Ex-Plant Billing will not be there
There will be NO cascading impact on VAT / CST Billing
Similar Benefits On Purchase Side
49
Tangible GST benefits to Dealers
Better Fungibility
50
Tax Impact on Sales (Supply ): Current Tax Vs. GST
Present Taxation GST
1. Transaction: Sale of Vehicles from factory
ED: Paid on Transaction Value (TV) i.e., Price • GST is payable on TV* (Price charged from
charged from Dealer. No Credit entitled to Dealer).
Dealer
• GST paid by Plant is allowed as ITC to the
VAT / CST: Payable on TV (price) + ED Dealer.
(VAT paid is entitled as ITC to the Dealer. CST
not available as ITC)
2. Transaction: Sale of Vehicles from RSO to Dealer
ED: Not payable. However, ED already paid • GST is payable on (RSO price to
on vehicle is considered as Cost Dealer)
VAT/CST: Payable on TV (RSO price to • GST paid by Plant is entitled as ITC to
Dealer) RSO
51
Tax Impact on Sales (Supply ): Current Tax Vs. GST
Present Taxation GST
3. Transaction: Sale of Vehicles by Dealer
ED: Not payable. However, ED already • GST is payable on TV (Price) charged by
paid on vehicle is considered as Cost Dealer to Customer
VAT/CST: Payable on TV (Dealer’s
price to Customer)
Sales Returns:
M&M will issue credit note with tax component
Dealer needs to reduce ITC, if availed
Need to close such issues within 6 month from closure of FY
Other topics:
Taxi Refund / Sale to Handicap: No clarity whether exemption will
continue in GST
Sales to Embassies/UNICEF: GST chargeable. Recipient can claim
refund from Govt.
58
Business Challenges
Stocks held as on GST transition date
Full credit if Duty paid invoice available (1 year bar apply)
40% of GST paid available where no duty paid invoice available
Plan for disposal of stocks over a year old
Liability of GST on Payments received in Advance
Challenges around determining GST Rate & Location of Supply
Strategic planning for sales prior to GST Date (based on final rate of GST)
Challenges in claiming taxi refunds
Vehicles removed in pre-GST and registered as Taxi, no process prescribed to
claim refund
GST liability on Interest charged for Delayed payment
Tracking Dealer-wise, model-wise, invoice-wise liability
59
Change in Business Processes
Warranty Servicing:
GST rate for “service” to apply
Sales Returns in GST:
M&M will issue credit note and Dealer needs to reduce ITC
Need to close such issues within 6 months from closure of FY
Incentives paid to Dealers:
This will be considered as consideration towards Sales promotion. GST will
apply on Dealer. ITC will be available to M&M
Sales to Embassy, UN Agencies, World Bank projects :
GST will apply. Recipient to claim refund from Govt.
Sale of Accessories by Dealer:
Dealer to issue separate invoice and not club with Vehicle price
60
SALES & DISTRIBUTION GST PREPAREDNESS
Compare Current Tax Vs. GST
(Mapping as per GST law)
IT Preparedness at M&M
IT Preparedness at Dealer (to be reviewed)
Completed Completed 50%- 80% < 50%
61
GST Transition – Action points
GST Registration:
Ensure all dealers are obtained provisional GST Registration
IT system:
Dealers IT system in place for GST Compliance. (GSP & ASP service
providers can be engaged for support in tax compliance activities)
62
63