Know The Basics Of Goods and Services Tax - GST



WHAT IS GST?

GST or Goods and Service Tax is a comprehensive, destination-based tax on the supply of certain goods and services. It was implemented in order to replace the variety of indirect taxes (like VAT, excise, import and export duty, etc.) that existed before it; so as to make the taxing process easier and less convoluted. The rates are still more or less the same, however, having one tax makes it a lot easier to track the calculation and to curb evasion.

If the previous taxes focused on the point of origin of a product or service, GST is calculated from the perspective of the point of consumption. Pre-GST, the statutory tax rate for most goods was about 26.5%; post-GST, most goods are expected to be in the 18% tax range.

HISTORY OF GST

The tax system was implemented from July 1, 2017 through the 101st Amendment of the Constitution. However, the idea of it was conceived much earlier.

In 2000, the then Prime Minister Shri Atal Bihari Vajpayee established a committee tasked with drafting a new comprehensive law and setting up the background technology and logistics for it.

A task force set up in 2002, called the Kelkar committee, was responsible for recommending tax reforms. The committee concluded in 2005 that a new tax structure would help improve the tax regime.

In February 2006, the then finance minister proposed a GST rollout by April 1, 2010. It wasn’t successful and the new government after the 2014 elections, the new Finance Minister introduced the GST Bill in the Lok Sabha.

In May 2016, the Lok Sabha passed the Constitution Amendment Bill, which was sent back for review and was finally passed by the Select Committee of Rajya Sabha in August 2016. A 21-member selected committee, called the GST Council was formed to look into the proposed GST laws which were passed by the Lok Sabha and Rajya Sabha and enacted as Acts in April 2017.

Following that, state legislatures in several states passed the corresponding state goods and services tax bills. After several GST laws were passed, the Goods and Services Tax was implemented across all of India as of July 1, 2017.

TYPES OF GST

There are 4 types of GST in function today:

  1. Central Goods and Services Tax: CGST is charged on the intra state supply of products and services.
  2. State Goods and Services Tax: SGST is charged on the sale of products or services within the boundaries of a state.
  3. Integrated Goods and Services Tax: IGST is charged on transactions of products and services across state boundaries.
  4. Union Territory Goods and Services Tax: UTGST is levied on the supply of products and services in any of the Union Territories in the country, viz. Andaman and Nicobar Islands, Daman and Diu, Dadra and Nagar Haveli, Lakshadweep, and Chandigarh. UTGST is imposed along with CGST.

ADVANTAGES OF GST

1. GST got rid of the cascading effect that was experienced earlier, which was basically when tax was calculated on an amount that included another tax.

2. It created a level and higher threshold for eligibility as before, the limits for imposing different indirect taxes differed from tax to tax and from state to state. Implementation of GST set the overall threshold for taxing to Rs. 20 lakhs countrywide.

3. GST introduced a composition scheme which has brought down the tax and compliance burden on a number for small businesses and start ups.

4. The entire GST process, from registration to filing returns, is online and far easier to follow than running from one place to another for different tax registrations.

5. Before GST, every tax seemed to have different compliance conditions. Under GST, however, there is only one return to be filed.

6. GST defined the laws and provisions for e-commerce businesses which were variable under the previous tax regime.

7. GST has brought a regulation to the unorganized sector due to online provisions for compliance and payment.

Also Read: Advantages of GST: Benefits of Goods & Service Tax in India

DESTINATION BASED LEVY

The concept of GST was introduced as a comprehensive, destination based tax. Let’s take a look at what exactly that means with an example

Let's say that there is a manufacturer in Bangalore who produces shoes. The manufacturer purchases raw materials, such as leather and rubber, from suppliers located in different parts of the country. Once the shoes are manufactured, they are then sold to distributors who are located in various states. Finally, the shoes are sold to retailers and consumers across India.

Under the GST system, the tax is calculated at every stage of production, including the purchase of raw materials, the manufacturing of the shoes, and the sale of the shoes to distributors, retailers, and consumers. However, the GST paid at each stage of production is added to the cost of the product, and ultimately, it is the final consumer who bears the cost of the tax.

Since GST is a destination-based tax, the tax revenue collected on the sale of the shoes will be given to the state where the shoes are ultimately consumed by the end consumer. So, if a customer in Mumbai purchases the shoes, the GST revenue collected on the sale will go to the state of Maharashtra where the shoes were consumed.

In this way, the concept of GST as a destination-based tax ensures that the tax revenue is collected in the state where the product is ultimately consumed, making the tax system more efficient and equitable.

GST COUNCIL

The GST Council, which oversees GST, is composed of 33 members, including 2 from the union government and 31 from 28 states and 3 union territories with legislatures. The council is made up of:

(a) the Union Finance Minister, who also serves as its chair
(b) the Union Minister of States responsible for Revenue or Finance, who also serves as one of the council's members; and,
(c) the Ministers of States responsible for Finance or Taxation, or other Ministers as designated by each State Government (as member).

GSTN and GSTIN

The GSTN or the GST Network is a non-profit organisation which was established with the goal of developing a sophisticated network that stakeholders, the government, and taxpayers may use to get information from a single source (portal). Tax authorities may utilise the portal to track every transaction, while taxpayers can connect to file their tax reports.

The GST Identification Number is a distinctive 15 digit code that is provided to every taxpayer based on the state they live in and their PAN. It is most actively used for:

1. Availing loans
2. Claiming refunds
3. Simplifying verification process
4. Making corrections

GST CERTIFICATE

A GST certificate is the legal document issued by the relevant authorities which is mandatory to prove registration under the GST Law. It is mandatory for any businesses with an annual revenue of over Rs. 20 lakhs and some special enterprises to register under the law. The certificate can be downloaded from the official GST portal for any registered taxpayer.

This certificate is a digital document that contains GSTIN, Legal Name, Trade Name, Business Constitution, Address, Date of Liability, Validity Period, Types of Registration, Particulars of Approving Authority, Signature, Specifications of the Approving GST Officer, and Date.

GST RETURNS

A GST - registered taxpayer (each GSTIN) is obliged to submit a document to the tax administration authorities called a GST return, which contains information about all of their income, sales, and/or expenses, along with their purchases. Tax authorities use this to determine net tax liability.

There are 13 returns under GST. They are the GSTR-1, GSTR-3B, GSTR-4, GSTR-5, GSTR-5A, GSTR-6, GSTR-7, GSTR-8, GSTR-9, GSTR-10, GSTR-11, CMP-08, and ITC-04. However, all returns do not apply to all taxpayers.

GST RATES

The GST council is responsible for deciding and revising the GST slab rates periodically. Essential goods bear a lower rate whereas luxury goods usually attract a higher rate of GST.

GST rates in India for various goods and services are divided into four slabs: they are at present 0% (nil-rated), 5%, 12%, 18%, & 28% GST. The council has revised some rates on some products several times since its foundation.

Also, businesses subject to the composition tax scheme are taxed at lesser or nominal rates such as 1.5%, 5%, or 6% on their revenue. But an additional cess is imposed on sale of goods like cigarettes, tobacco, aerated water, gasoline, and motor vehicles.

Rate Of GST Product/Service
0.25% Jewellery stones cut and semi-polished
5% Products generally accepted as household necessities like spices, sugar, oil, tea, coffee, etc.; lifesaving drugs, sweets (mithai), coal. Services under this slab include newspaper printing, vessel transport from overseas, contract transport services, tour operation services, etc.
12% Products in this slab mostly include processed food (like jams, ready-to-make food, etc.), computers and accessories. Services include rail transport of goods, air transport (other than economy class), restaurant service (with A/C and liquor licence), renting accommodation between Rs. 1,000 and Rs. 2,500 per day, etc.
18% Items like industrial and capital goods, household products that aren’t considered necessities, like hair oil, toothpaste, etc. Services like restaurants with A/C and liquor licence, outdoor decoration and catering services, renting accommodation between Rs. 2,500 and Rs. 5,000 per day, entertainment like circus, etc.
28% Items considered to be luxury items like luxury cars, high-end motorcycles, luxury consumer durables, aerated drinks, cigarettes, etc.

Certain products and services are considered exempt from the GST regime, such as:

  • FAO supplies for specified projects in the country.
  • FIFA-specified supplies for the Under-17 Football World Cup in India for women.
  • Import of specified goods for defence not made indigenously up to the year 2024.
  • Platinum/silver supply made by Diamond India Ltd. for export.
  • Platinum/silver import by Diamond India Ltd.

GST AND THE PREVIOUS TAX ROUTINE:

Along with being destination based, the idea behind GST as a concept was for it to be a comprehensive tax. The main motto of implementation of GST was ‘One Nation, One Tax’. What this means is that GST was introduced to replace the number of various taxes levied by different governments (central, as well as state) at different stages of the product.

Here’s a quick look at the taxes GST subsumed on implementation:

On a central level:

  • Central Sales Tax
  • Service Tax
  • Central Excise Duty
  • Excise Duty (Additional)
  • Countervailing Duty or Additional Customs Duty
  • Special Additional Customs Duties

On a state level:

  • State VAT
  • Entry Tax and Octroi Duty
  • Luxury Tax
  • Amusement and Entertainment Tax
  • Taxes on Advertisements
  • Goods and services related to cess and surcharges
  • Purchase Tax
  • Tax on betting, lottery and gambling.

WHO SHOULD REGISTER UNDER GST?

There are a number of returns to be filed under GST by different individuals but here’s a broad list of persons who should register under the GST law.

1. Any goods business with an annual turnover of over Rs. 40 lakhs.
2. Any service business with an annual turnover of Rs. 20 lakhs or more.
3. An e-commerce operator or aggregator.
4. Interstate supplier.
5. Agents of suppliers.
6. Every person who is registered under an earlier law (i.e., Excise, VAT, Service Tax etc.)
7. Casual taxable person
8. Non-resident taxable person

Registration under the GST law can be done online through the official GST portal at https://reg.gst.gov.in/registration/. The entire registration takes a total of 2-6 working days to process; at the completion of which the applicant will be provided with the GST certificate and a GSTIN.

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DISCLAIMER

The information contained herein is generic in nature and is meant for educational purposes only. Nothing here is to be construed as an investment or financial or taxation advice nor to be considered as an invitation or solicitation or advertisement for any financial product. Readers are advised to exercise discretion and should seek independent professional advice prior to making any investment decision in relation to any financial product. Aditya Birla Capital Group is not liable for any decision arising out of the use of this information.







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Postings and monitoring

The Facilities Provider or ABCL or ABC Companies does not routinely monitor your postings to the Website but reserves the right to do so if deemed necessary if it is related to the facilities offered on the web site and to comply with law. However, in our efforts to promote good citizenship within the internet community, if the Facilities Provider or ABCL or ABC Companies becomes aware of inappropriate use of the Website or any of its facilities, any information, opinions, advice or offers posted by any person or entity logged in to the Website or any of its associated sites is to be construed as public conversation only, and the Facilities Provider or ABC Companies shall not be liable or responsible for such public conversation. You agree that in such cases, we will respond in any way that, in our sole discretion, as deemed appropriate. You acknowledge that Facilities Provider or ABC Companies will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, ABC Companies/Facilities Provider will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.

Submissions and unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Facilities Provider, ABCL / ABC Companies and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Website or the use of the Website by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.

We reserve the right to terminate access to this Website at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed Materials.

If you come across any breaches/violation or offensive material you must report to us at abc.secretarial@adityabirla.com

Use of Cookies

You agree and understand that the Website will automatically receive and collect certain anonymous information in standard usage logs through the Web server, including computer/computer resource-identification information obtained from "cookies" sent to your browser from a web server or other means as explained in the Privacy Policy.  

Facilities Changes and Discontinuation

The Website reserves the right to discontinue or suspend, temporarily or permanently, the facilities. You agree that the Facilities Provider/ ABC Companies will not be liable to you in any manner whatsoever for any modification or discontinuance of the facilities. The format and content of this Website may change at any time. We may suspend the operation of this Website for support or maintenance work, in order to update the content or for any other reason.

ABCL, ABC Companies, and its directors, employees, associates, or other representatives shall not be liable for any damages or injury, arising out of or in connection with the use, or non-use including non-availability of the Website and also for any consequential loss or any damages caused because of non-performance of the system due to a computer virus, system failure, corruption of data, delay in operation or transmission, communication line failure, or any other reason whatsoever. The Website will not be responsible for any liability arising out of delay in providing any information on the Website.

Compliance with the Law

You agree that you will not:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Website, or any portion of the Website.
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines generally available by third party web browsers
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website or the facilities.
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Website or the facilities.
  • You agree not to use the facilities for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.

Restrictions on Commercial Use or Resale

Your right to use the facilities is personal to you; therefore, you agree not to resell or make any commercial use of the facilities. In addition, the Website welcomes your feedback as a user of the facilities. Any feedback you provide will become the confidential and proprietary information of the Website, and you agree that the Website may use in any manner and without limitation, all comments, suggestions, complaints, and other feedback you provide relating to the Website. The Website shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to incorporation of such feedback into the Website or other Website software or facilities.

No Endorsements

All product and facilities marks contained on or associated with the facilities that are not the Website marks are the trademarks of their respective owners. The Website would require you to respect the same. References to any such names, marks, products or facilities of third parties or hypertext links to third party sites or information does not imply the Website’s endorsement, sponsorship or recommendation of the third party, information, product or facilities.

Promotional Offers

You may receive from time to time, announcement about offers with intent to promote this Website and/or facilities/products of ABC Companies (“Promotional Offers”). The Promotional Offer(s) would always be governed by these Terms of Use plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms of Use, to the extent they may be in conflict with these Terms of Use. The Website reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.

Charges for use of Website

There are no charges or fees to be paid by you for use of this Website. However, you are responsible for all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider. You further agree to pay additional charges, if any levied by Third Party Service Provider(s), for the facilities provided by them through the Website (Additional Charges).

No Endorsement

You are advised to be cautious when browsing on the internet and to use good judgment and discretion when obtaining information or transmitting information. From this Website, users may visit or be directed to third party web sites. The Website makes no effort to review the content of these web sites, nor is the Website or its licensors responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites.

In addition, the Website does not endorse or control the content of any other user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that the Website does not pre-screen content, but that the Website will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via the facilities.

Electronic Communications

These Terms of Use and any notices or other communications regarding the Facilities may be provided to you electronically, and you agree to receive communications from the Website in electronic form. Electronic communications may be posted on the Website and/or delivered to your registered email address, mobile phones etc either by Facilities Provider or ABC Companies with whom the services are availed. All communications in electronic format will be considered to be in "writing". Your consent to receive communications electronically is valid until you revoke your consent by notifying of your decision to do so. If you revoke your consent to receive communications electronically, the Facilities Provider shall have the right to terminate the facilities.

Assignment

You shall not assign your rights and obligations under this Agreement to any other party. The Website may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.

Legal Disclaimers

The information provided on or through the Website is for general guidance and information purposes only and they do not in any manner indicate any assurance or opinion of any manner whatsoever. Any information may be prone to shortcomings, defects or inaccuracies due to technical reasons. Certain information on Website may be on the basis of our own appraisal of the applicable facts, law and regulations in force at the date hereof.

The information (and opinions, if any) contained on the Website may have been obtained from public sources believed to be reliable and numerous factors may affect the information provided, which may or may not have been taken into account. The information provided may therefore vary (significantly) from information obtained from other sources or other market participants. Any reference to past performance in the information should not be taken as an indication of future performance. The information is dependent on various assumptions, individual preferences and other factors and thus, results or analyses cannot be construed to be entirely accurate and may not be suitable for all categories of users. Hence, they should not be solely relied on when making investment decisions. Your investment or financial decision shall always be at your own discretion and based on your independent research; and nothing contained on the Website or in any information would construe ABCL/ABC Companies or any of its employees/authorized representative as having been in any way involved in your decision making process. Any information and commentaries provided on the Website are not meant to be an endorsement or offering of any stock or investment advice.

Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Facilities Provider / ABCL/ABC Companies makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. Information on this Website sourced from experts or third party service providers, which may also include reference to any ABCL Affiliate. However, any such information shall not be construed to represent that they belong or represent or are endorsed by the views of the Facilities Provider or ABC Companies. Any information provided or sourced from ABCL Affiliate belongs to them. ABCL is an independent entity and such information from any ABCL Affiliate are not in any manner intended or to be construed as being endorsed by ABCL or Facilities Provider. The information does not constitute investment or financial advice or advice to buy or sell, or to endorse or solicitation to buy or sell any securities or other financial instrument for any reason whatsoever. Nothing on the Website or information is intended to constitute legal, tax or investment advice, or an opinion regarding the appropriateness of any investment or a solicitation of any type. Investment in the securities market and any financial instruments are inherently risky and you shall always assume complete and full responsibility for the outcomes of all the financial or investment decisions that you make, including but not limited to loss of capital. You are therefore advised to obtain your own applicable legal, accounting, tax or other professional advice or facilities before taking or considering an investment or financial decision.

No Solicitation

No Information at this Website shall constitute an invitation to invest in ABCL or any ABC Companies. These are meant for general information only or to meet statutory requirements or disclosures. ABCL or any of its employees are in no way liable for the use of the information by you, when making any decision or investing or trading through any investment vehicles or ABC Companies, or any other third party which may be engaged in offering of these services.

The information contained on this Website does not represent and should not be used to construe (i) the terms on which a new transaction would be entered into by ABCL or ABC Companies, (ii) the terms on which any existing transactions could be unwound by ABCL or ABC Companies, (iii) the calculation or estimate of an  amount that would be payable following an early termination of any past/existing transactions or (iv) the valuations given to any transactions by ABCL or ABC Companies in their books of account for financial reporting, credit or risk management purposes.

Statutory Disclosure

ABCL and ABC Companies are engaged in a broad spectrum of activities in the financial services sectors. You understand and acknowledge that Aditya Birla Money Limited (‘ABML’), Aditya Birla Finance Limited (‘ABFL’) and Aditya Birla Sun Life Asset Management Company Limited and trustees and sponsor of Aditya Birla Sun Life Mutual Fund (‘ABSLMF’) are group companies and ABML / ABFL also acts as a distributor of ABSLMF.  Any recommendation or reference of schemes of ABSLMF if any made or referred on the Website, the same is based on the standard evaluation and selection process, which would apply uniformly for all mutual fund schemes. You are free to choose the execution facilities in the manner deemed fit and proper and no commission will be paid by ABSLMF to ABML / ABFL if you choose to execute a transaction with ABSLMF on the Website, unless otherwise agreed by you and ABML/ABFL separately. Information about ABML/ABFL, its businesses and the details of commission structure receivable from asset management companies to ABML/ABFL, are also available on their respective Website.

Similarly Aditya Birla Money Insurance Advisory Services Limited and Aditya Birla Insurance Brokers Limited are insurance intermediaries and engaged in the distribution of Insurance Products and it may services may include products of Aditya Birla Sun Life Insurance Company Limited and Aditya Birla Health Insurance Company Limited. However there is no conflict on these services and commissions if any payable are in accordance of the extant regulations.

Force Majeure

The Facilities Provider, ABC Companies and any of its Third Party Service Providers shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Indemnification

You agree to protect and fully compensate Facilities Provider, ABCL, ABC Companies, subsidiaries, licensors, suppliers and facilities providers, employees, officers and directors, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys fees) caused by or arising from your use of the facilities, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

No Waiver

The Facilities Provider, ABC Companies or any of its third party service providers and processor bank/merchants etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing. No delay or omission on the part of Facilities Providers and ABC Companies, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Exclusive Agreement

You agree that these Terms of Use are the complete and exclusive statement of agreement supersede any proposal or prior agreement, oral or written, and any other communications between you and the Facilities Provider and its Third Party Service Providers or processor bank/merchants relating to the subject matter of these Terms of Use. These Terms of Use, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and the Website and/or the processor bank.

Termination

Either party can terminate this Agreement by notifying the other party in writing. Upon such termination You will not be able to use the facilities of this Website.

Governing Law and Jurisdiction

The Website specifically prohibits you from usage of any of its facilities in any countries or jurisdictions that do not corroborate to all stipulations of these Terms of Use. The Website is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Mumbai having exclusive jurisdiction.

These Terms and Conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.

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