GST-22 09 2023
GST-22 09 2023
In other words,Goods and Service Tax (GST) is levied on the supply of goods and
services. Goods and Services Tax Law in India is a comprehensive, multi-stage,
destination-based tax that is levied on every value addition. GST is a single
domestic indirect tax law for the entire country.
Before the Goods and Services Tax could be introduced, the structure of indirect tax
levy in India was as follows:
Under the GST regime, the tax is levied at every point of sale. In the case of intra-
state sales, Central GST and State GST are charged. All the inter-state sales are
chargeable to the Integrated GST.
Now, let us understand the definition of Goods and Service Tax, as mentioned
above, in detail.
Multi-stage
An item goes through multiple change-of-hands along its supply chain: Starting from
manufacture until the final sale to the consumer.
Production or manufacture
Selling to wholesalers
Objectives Of GST
To achieve the ideology of ‘One Nation, One Tax’
GST has replaced multiple indirect taxes, which were existing under the previous tax
regime. The advantage of having one single tax means every state follows the same
rate for a particular product or service. Tax administration is easier with the Central
Government deciding the rates and policies. Common laws can be introduced, such
as e-way bills for goods transport and e-invoicing for transaction reporting. Tax
compliance is also better as taxpayers are not bogged down with multiple return
forms and deadlines. Overall, it’s a unified system of indirect tax compliance.
To subsume a majority of the indirect taxes in India
India had several erstwhile indirect taxes such as service tax, Value Added Tax
(VAT), Central Excise, etc., which used to be levied at multiple supply chain stages.
Some taxes were governed by the states and some by the Centre. There was no
unified and centralised tax on both goods and services. Hence, GST was
introduced. Under GST, all the major indirect taxes were subsumed into one. It has
greatly reduced the compliance burden on taxpayers and eased tax administration
for the government.
One of the primary objectives of GST was to remove the cascading effect of taxes.
Previously, due to different indirect tax laws, taxpayers could not set off the tax
credits of one tax against the other. For example, the excise duties paid during
manufacture could not be set off against the VAT payable during the sale. This led
to a cascading effect of taxes. Under GST, the tax levy is only on the net value
added at each stage of the supply chain. This has helped eliminate the cascading
effect of taxes and contributed to the seamless flow of input tax credits across both
goods and services.
GST laws in India are far more stringent compared to any of the erstwhile indirect
tax laws. Under GST, taxpayers can claim an input tax credit only on invoices
uploaded by their respective suppliers. This way, the chances of claiming input tax
credits on fake invoices are minimal. The introduction of e-invoicing has further
reinforced this objective. Also, due to GST being a nationwide tax and having a
centralised surveillance system, the clampdown on defaulters is quicker and far
more efficient. Hence, GST has curbed tax evasion and minimised tax fraud from
taking place to a large extent.
GST has helped in widening the tax base in India. Previously, each of the tax laws
had a different threshold limit for registration based on turnover. As GST is a
consolidated tax levied on both goods and services both, it has increased tax-
registered businesses. Besides, the stricter laws surrounding input tax credits have
helped bring certain unorganised sectors under the tax net. For example, the
construction industry in India.
Previously, taxpayers faced a lot of hardships dealing with different tax authorities
under each tax law. Besides, while return filing was online, most of the assessment
and refund procedures took place offline. Now, GST procedures are carried out
almost entirely online. Everything is done with a click of a button, from registration to
return filing to refunds to e-way bill generation. It has contributed to the overall ease
of doing business in India and simplified taxpayer compliance to a massive extent.
The government also plans to introduce a centralised portal soon for all indirect tax
compliance such as e-invoicing, e-way bills and GST return filing.
A single indirect tax system reduces the need for multiple documentation for the
supply of goods. GST minimises transportation cycle times, improves supply chain
and turnaround time, and leads to warehouse consolidation, among other benefits.
With the e-way bill system under GST, the removal of interstate checkpoints is most
beneficial to the sector in improving transit and destination efficiency. Ultimately, it
helps in cutting down the high logistics and warehousing costs.
Introducing GST has also led to an increase in consumption and indirect tax
revenues. Due to the cascading effect of taxes under the previous regime, the prices
of goods in India were higher than in global markets. Even between states, the lower
VAT rates in certain states led to an imbalance of purchases in these states. Having
uniform GST rates have contributed to overall competitive pricing across India and
on the global front. This has hence increased consumption and led to higher
revenues, which has been another important objective achieved.
Advantages Of GST
GST has mainly removed the cascading effect on the sale of goods and services.
Removal of the cascading effect has impacted the cost of goods. Since the GST
regime eliminates the tax on tax, the cost of goods decreases.
Also, GST is mainly technologically driven. All the activities like registration, return
filing, application for refund and response to notice needs to be done online on the
GST portal, which accelerates the processes.
What are the components of GST?
There are three taxes applicable under this system: CGST, SGST & IGST.
In most cases, the tax structure under the new regime will be as follows:
Sale within the CGST + VAT + Central Revenue will be shared equally between the
State SGST Excise/Service Centre and the State
tax
Sale to another IGST Central Sales Tax There will only be one type of tax (central) in case
State + Excise/Service of inter-state sales. The Centre will then share the
Tax IGST revenue based on the destination of goods.
Goods & Services Tax (GST) What is
GST in India? Indirect Tax Law
Explained
In other words,Goods and Service Tax (GST) is levied on the supply of goods and
services. Goods and Services Tax Law in India is a comprehensive, multi-stage,
destination-based tax that is levied on every value addition. GST is a single
domestic indirect tax law for the entire country.
Before the Goods and Services Tax could be introduced, the structure of indirect tax
levy in India was as follows:
Under the GST regime, the tax is levied at every point of sale. In the case of intra-
state sales, Central GST and State GST are charged. All the inter-state sales are
chargeable to the Integrated GST.
Now, let us understand the definition of Goods and Service Tax, as mentioned
above, in detail.
Multi-stage
An item goes through multiple change-of-hands along its supply chain: Starting from
manufacture until the final sale to the consumer.
Production or manufacture
Selling to wholesalers
Value Addition
A manufacturer who makes biscuits buys flour, sugar and other material. The value
of the inputs increases when the sugar and flour are mixed and baked into biscuits.
The manufacturer then sells these biscuits to the warehousing agent who packs
large quantities of biscuits in cartons and labels it. This is another addition of value
to the biscuits. After this, the warehousing agent sells it to the retailer.
The retailer packages the biscuits in smaller quantities and invests in the marketing
of the biscuits, thus increasing its value. GST is levied on these value additions, i.e.
the monetary value added at each stage to achieve the final sale to the end
customer.
Destination-Based
GST has replaced multiple indirect taxes, which were existing under the previous tax
regime. The advantage of having one single tax means every state follows the same
rate for a particular product or service. Tax administration is easier with the Central
Government deciding the rates and policies. Common laws can be introduced, such
as e-way bills for goods transport and e-invoicing for transaction reporting. Tax
compliance is also better as taxpayers are not bogged down with multiple return
forms and deadlines. Overall, it’s a unified system of indirect tax compliance.
India had several erstwhile indirect taxes such as service tax, Value Added Tax
(VAT), Central Excise, etc., which used to be levied at multiple supply chain stages.
Some taxes were governed by the states and some by the Centre. There was no
unified and centralised tax on both goods and services. Hence, GST was
introduced. Under GST, all the major indirect taxes were subsumed into one. It has
greatly reduced the compliance burden on taxpayers and eased tax administration
for the government.
GST laws in India are far more stringent compared to any of the erstwhile indirect
tax laws. Under GST, taxpayers can claim an input tax credit only on invoices
uploaded by their respective suppliers. This way, the chances of claiming input tax
credits on fake invoices are minimal. The introduction of e-invoicing has further
reinforced this objective. Also, due to GST being a nationwide tax and having a
centralised surveillance system, the clampdown on defaulters is quicker and far
more efficient. Hence, GST has curbed tax evasion and minimised tax fraud from
taking place to a large extent.
GST has helped in widening the tax base in India. Previously, each of the tax laws
had a different threshold limit for registration based on turnover. As GST is a
consolidated tax levied on both goods and services both, it has increased tax-
registered businesses. Besides, the stricter laws surrounding input tax credits have
helped bring certain unorganised sectors under the tax net. For example, the
construction industry in India.
Online procedures for ease of doing business
Previously, taxpayers faced a lot of hardships dealing with different tax authorities
under each tax law. Besides, while return filing was online, most of the assessment
and refund procedures took place offline. Now, GST procedures are carried out
almost entirely online. Everything is done with a click of a button, from registration to
return filing to refunds to e-way bill generation. It has contributed to the overall ease
of doing business in India and simplified taxpayer compliance to a massive extent.
The government also plans to introduce a centralised portal soon for all indirect tax
compliance such as e-invoicing, e-way bills and GST return filing.
A single indirect tax system reduces the need for multiple documentation for the
supply of goods. GST minimises transportation cycle times, improves supply chain
and turnaround time, and leads to warehouse consolidation, among other benefits.
With the e-way bill system under GST, the removal of interstate checkpoints is most
beneficial to the sector in improving transit and destination efficiency. Ultimately, it
helps in cutting down the high logistics and warehousing costs.
Introducing GST has also led to an increase in consumption and indirect tax
revenues. Due to the cascading effect of taxes under the previous regime, the prices
of goods in India were higher than in global markets. Even between states, the lower
VAT rates in certain states led to an imbalance of purchases in these states. Having
uniform GST rates have contributed to overall competitive pricing across India and
on the global front. This has hence increased consumption and led to higher
revenues, which has been another important objective achieved.
4. Advantages Of GST
GST has mainly removed the cascading effect on the sale of goods and services.
Removal of the cascading effect has impacted the cost of goods. Since the GST
regime eliminates the tax on tax, the cost of goods decreases.
Also, GST is mainly technologically driven. All the activities like registration, return
filing, application for refund and response to notice needs to be done online on the
GST portal, which accelerates the processes.
In most cases, the tax structure under the new regime will be as follows:
Sale within CGST + VAT + Central Revenue will be shared equally between the Centre
the State SGST Excise/Service tax and the State
Sale to IGST Central Sales Tax + There will only be one type of tax (central) in case of
another State Excise/Service Tax inter-state sales. The Centre will then share the IGST
revenue based on the destination of goods.
Illustration:
Let us assume that a dealer in Gujarat had sold the goods to a dealer in Punjab
worth Rs. 50,000. The tax rate is 18% comprising of only IGST.
In such a case, the dealer has to charge IGST of Rs.9,000. This revenue will go to
Central Government.
The same dealer sells goods to a consumer in Gujarat worth Rs. 50,000. The
GST rate on goods is 12%. This rate comprises CGST at 6% and SGST at 6%.
The dealer has to collect Rs.6,000 as Goods and Service Tax, Rs.3,000 will go to
the Central Government and Rs.3,000 will go to the Gujarat government since the
sale is within the state.
Tax Laws before GST
In the earlier indirect tax regime, there were many indirect taxes levied by both the
state and the centre. States mainly collected taxes in the form of Value Added Tax
(VAT). Every state had a different set of rules and regulations.
Inter-state sale of goods was taxed by the centre. CST (Central State Tax) was
applicable in case of inter-state sale of goods. The indirect taxes such as the
entertainment tax, octroi and local tax were levied together by state and centre.
These led to a lot of overlapping of taxes levied by both the state and the centre.
For example, when goods were manufactured and sold, excise duty was charged by
the centre. Over and above the excise duty, VAT was also charged by the state. It
led to a tax on tax effect, also known as the cascading effect of taxes.
Duties of Excise
Cess
State VAT
Purchase Tax
Luxury Tax
Entertainment Tax
Entry Tax
Taxes on advertisements
CGST, SGST, and IGST have replaced all the above taxes.
However, certain taxes such as the GST levied for the inter-state purchase at a
concessional rate of 2% by the issue and utilisation of ‘Form C’ is still prevalent.
i. Petroleum crude;
Resale
e-Way Bills
Under the e-way bill system, manufacturers, traders and transporters can generate
e-way bills for the goods transported from the place of its origin to its destination on
a common portal with ease. Tax authorities are also benefited as this system has
reduced time at check -posts and helps reduce tax evasion.
E-invoicing
The e-invoicing system was made applicable from 1st October 2020 for businesses
with an annual aggregate turnover of more than Rs.500 crore in any preceding
financial years (from 2017-18). Further, from 1st January 2021, this system was
extended to those with an annual aggregate turnover of more than Rs.100 crore.
Later, the system expanded to cover businesses with turnover over Rs.10
crore from 1st October 2022. Recently, CBIC extended the e-invoicing for
businesses having more than Rs 5 crore turnover w.e.f 1st August 2023.
These businesses must obtain a unique invoice reference number for every
business-to-business invoice by uploading on the GSTN’s invoice registration portal.
The portal verifies the correctness and genuineness of the invoice. Thereafter, it
authorises using the digital signature along with a QR code.
e-Invoicing allows interoperability of invoices and helps reduce data entry errors. It is
designed to pass the invoice information directly from the IRP to the GST portal and
the e-way bill portal. It will, therefore, eliminate the requirement for manual data
entry while filing GSTR-1 and helps in the generation of e-way bills too.
GST registration usually takes between 2-6 working days. Team Clear can help you
obtain GST registration faster in 3 easy steps.
Who should obtain the GST
registration?
Individuals registered under the Pre-GST law (i.e., Excise, VAT, Service Tax
etc.)
Businesses with turnover above the threshold limit of Rs.40 lakh or Rs.20 lakh
or Rs.10 lakh as the case may be
GST registration usually takes between 2-6 working days. Team Clear can help you
obtain GST registration faster in 3 easy steps.
Businesses with turnover above the threshold limit of Rs.40 lakh or Rs.20 lakh
or Rs.10 lakh as the case may be
However, the GST registration services at ClearTax helps you to get your business
GST registered and obtain your GSTIN.
Clear GST experts will guide you on the applicability and compliances under GST
for your business and get your business registered under GST.
Register Now
Aadhaar card
Under GST, a registered dealer has to file GST returns that broadly include:
Purchases
Sales
To file GST returns or for GST filings, check out the Clear GST software that allows
the import of data from various ERP systems such as Tally, Busy, custom Excel, to
name a few. There is also the option to use the desktop app for Tally users to
directly upload data and file.
Who should file GST Returns?
Under the GST regime, regular businesses having more than Rs.5 crore as annual
aggregate turnover (and taxpayers who have not opted for the QRMP scheme) have
to file two monthly returns and one annual return. This amounts to 25 returns each
year.
Taxpayers with a turnover of up to Rs.5 crore have the option to file returns under
the QRMP scheme. The number of GSTR filings for QRMP filers is 9 each year,
which include 4 GSTR-1 and GSTR-3B returns each and an annual return. Note that
QRMP filers have to pay tax on a monthly basis even though they are filing returns
quarterly.
Eligible taxpayers, i.e. with a turnover exceeding Rs.5 crore are also required to also
file a self-certified reconciliation statement in Form GSTR-9C.
Besides the GST returns that are required to be filed, there are statements of input
tax credit available to taxpayers, namely GSTR-2A (dynamic) and GSTR-2B
(static). There is also an Invoice Furnishing Facility (IFF) available to small
taxpayers who are registered under the QRMP scheme to furnish their Business to
Business (B2B) sales for the first two months of the quarter. These small taxpayers
will still need to pay taxes on a monthly basis using Form PMT-06.
We have explained the various GST returns, along with applicability and due dates
in the section below
Here is a list of all the returns to be filed as prescribed under the GST Law along
with the due dates.
Return
Form Description Frequency Due Date
under the
QRMP
scheme)
CGST Act.
GSTR-4 Return for a taxpayer Annually 30th of the month succeeding a financial year.
registered under the
composition scheme
under Section 10 of the
CGST Act.
registered persons
deducting tax at source
(TDS).
GSTR-9 Annual return by a regular Annually 31st December of the next financial year.
taxpayer.
GSTR-10 Final return to be filed Once, when Within three months of the date of cancellation or date of
by a taxpayer whose the GST cancellation order, whichever is later.
GST registration is registration is
cancelled. cancelled or
surrendered.
Return
Form Description Frequency Due Date
GSTR-11 Details of inward supplies Monthly 28th of the month following the month for which statement
to be furnished by a filed.
person having UIN and
claiming a refund
ITC-04 Statement to be filed by a Annually 25th April where AATO is up to Rs.5 crore.
principal/job-worker (for AATO
about details of goods up to Rs.5
sent to/received from a crore)
job-worker 25th October and 25th April where AATO exceeds Rs.5 cro
In relation to a ‘supply’
A supply made for a consideration (payment) which may not be in the course of
business
Therefore, eWay Bills must be generated on the common portal for all these types of
movements. For certain specified Goods, the eway bill needs to be generated
mandatorily even if the value of the consignment of Goods is less than Rs. 50,000:
Transporter – Transporters carrying goods by road, air, rail, etc. also need to
generate e-Way Bill if the supplier has not generated an e-Way Bill.
People have taken note of the GST or the Goods Services Tax law. A new law has
been proposed which is set to reform how people do business and the way goods
and services are taxed in India. Whether it makes goods cheaper for the common
man like you and me, nobody can tell. But this is going to impact our lives in our
jobs, our businesses and the overall economic environment. Reason enough for us
to learn something about it!
Every person who supplies goods and/or services, other than branded services,
through e-commerce operator
Person supplying the goods on behalf of other taxable person (eg. Agent)
GST does not apply to any person engaged exclusively in the business of
supplying goods and/or services that are not liable to tax or are wholly exempt
from tax under this Act
At the intra-state level (when goods travel within a state) and at the inter-state
level (when goods travel between states).
At the intra-state level two types of GST shall be levied CGST (Central
Goods and Services Tax) and SGST (State Goods and Services Tax).
At the inter-state level IGST (Or Integrated Goods and Services Tax) shall be
levied.
Many of us are aware that service tax and VAT have cascading benefits, which
means you can avail credit of tax paid by you on inputs. For example in case of
service tax – you levy service tax on services you sell and while depositing this tax
you can take credit of service tax paid by you on services used as inputs. This
cascading benefit shall also be available in case of GST.
IGST payments can be set off against – IGST, CGST, SGST on inputs CGST
payments can be set off against – IGST and CGST on inputs SGST payments can
be set off against – IGST and SGST on inputs Hope our readers will find this
information about GST useful