Indirect Tax Structure in India
India
currently has a dual system of taxation of goods and services, which is quite different
from dual GST. Taxes on goods are described as “VAT” at both Central and State
level. It has adopted value added tax principle with input tax credit mechanism
for taxation of goods and services, respectively, with limited cross-levy
set-off.
SHORTCOMINGS IN THE PRESENT STRUCTURE AND NEED OF GST:
1. Tax Cascading: The most
significant contributing factor to tax cascading is the partial coverage by
Central and State taxes. The exempt sectors are not allowed to claim any credit
for the Cenvat or the Service Tax paid on their inputs.
2. Levy of Excise Duty on manufacturing point : The CENVAT is levied on goods manufactured or produced in India.
Limiting the tax to the point of manufacturing is a severe impediment to an
efficient and neutral application of tax. Taxable event at manufacturing point
itself forms a narrow base.
For example, valuation as per excise valuation
rules of a product, whose consumer price is Rs. 100/-, is, say, Rs. 70/-. In such
a case, excise duty as per the present provisions is payable only on Rs.70/-,
and not on Rs.100/-.
3. Complexity in determining the nature of transaction – Sale vs. Service
4. Inability of States to levy tax on services : With no powers to levy tax on incomes or the fastest growing components
of consumer expenditures, the States have to rely almost exclusively on
compliance improvements or rate increases for any buoyancy in their own-source
revenues.
5. Lack of Uniformity in Provisions and Rates
6. Fixation of situs – Local Sale
vs. Central Sale
7. Interpretational Issues: whether an
activity is sale or works contract; sale or service, is not free from doubting many cases.
8. Narrow Base
9. Complexities in Administration
GST (Goods and Service Tax)
GST
means Goods and Service Tax. It is an indirect tax levied on sale of goods and
services. The reformists believe that GST is one of the most awaited law which
upon introduced will boost the economic growth in the country. This law if
passed by the parliament may come into force from April 2016. As everyone is
talking about it now, let’s get into the basics of the proposed law in this
article.
Present
system – This can be better explained through an example. Suppose you buy soap
for Rs.50 per piece, it includes Excise Duty, VAT or CST, Customs duty on the
imported raw materials, etc. So, currently you will have to pay multiple taxes
on the same product. Let’s take another example; the food you buy at hotels
will have VAT as well as Service Tax.
Complexities in the present system – The taxes are levied by central government as well as state governments.
So, the businessman has to maintain accounts which will comply with all the
applicable laws. It is perceived to be a complex system. Hence, worldwide over
150 countries have adopted GST, a simple tax system.Though it is late, India is
catching up with the global trends.
Is it easy to implement in India? Not really. Today states have autonomy in collecting state
taxes. They have thefeeling of losing their rights! They want liquor, fuel to
be out of GST tax system. They are also worried about Central government
sharing GST revenue with the states. If India becomes one common market, then
the states will have to share their powers of taxing with the union government.
(Which means states can’t increase the taxes as and when, as much as they want)
If the GST bill is passed; will it come
into effect immediately? NO. The earliest day we can see GST in India will be
in April 2016. Again
implementation depends upon the initiative and involvement of state
governments. Some of the states may act quickly and some of them may take time
to implement.
GST Rate- Today, one pays Excise Duty
of 12%, VAT of 14% on goods (totaling to 26%). 12% service tax on services. So,
the rates may be anywhere between 12% and 26%. The average worldwide GST rate
is around 18%.
FEATURES OF AN IDEAL GST
The main
features of GST are as under:-
(a) GST
is based on the principle of value added tax and either “input tax method” or “subtraction”
method, with emphasis on voluntary compliance and accounts based system.
(b) It
is a comprehensive levy and collection on both goods and services at the same
rate with benefit of input tax credit or subtraction of value of penultimate
transaction value.
(c)
Minimum number of floor rates of tax, generally, not exceeding two rates.
(d) No
scope for levy of cess, re-sale tax, additional tax, special tax, turnover tax
etc.
(e) No
scope for multiple levy of tax on goods and services, such as, sales tax, entry
tax, octroi, entertainment tax,luxury tax, etc.
(f) Zero
rating of exports and inter State sales of goods and supply of services.
(g)
Taxing of capital goods and inputs whether goods or services relatable to
manufacture at lower rate, so as to reduce inventory carrying cost and cost of
production.
(h) A
common law and procedures throughout the country under a single administration.
(i) GST
is a destination based tax and levied at single point at the time of
consumption of goods or services by theultimate consumer.
MODELS OF GST
There
are three prime models of GST:
GST at
Central (Union) Government Level only
GST at
State Government Level only
GST at
both, Union and State Government Levels
EXPECTED MODEL OF GST IN INDIA- DUAL GST
In
India, the GST model will be “dual GST” having both Central and State GST
component levied on the same base. All goods and services barring a few
exceptions will be brought into the GST base. Importantly, there will be no
distinction between goods and services for the purpose of the tax with common
legislations applicable to both.
For Example, if a product
have levy at a base price of Rs. 100 and rate of CGST and SGST are 8% then in
such case both CGST and SGST will be charged on Rs 100 i.e. CGST will be Rs 8
and SGST will be Rs.8.
Interestingly,
as per the recommendations of Joint
Working Group (JWG) appointed by the Empowered Committee in May 2007, the GST in India may not have a dual VAT structure exactly but
it will be a quadruple tax structure. It may have four components, namely
(a) a
Central tax on goods extending up to the retail level;
(b) a Central service tax;
(c) a State-VAT on goods; and
(d) a
State-VAT on services.
The
significant features of Dual GST recommended in India, in conjunction with the
recommendations by the
JWG, are
as under:
1. There
will be Central GST to be administered by the Central Government and there will
be State GST to be administered by State Governments.
2.
Central GST will replace existing CENVAT and service tax and the State GST will
replace State VAT.
3.
Central GST may subsume following indirect taxes on supplies of goods and services: Central Excise Duties
(CENVAT)·
Additional excise duties including those levied under Additional Duties· of
Excise (Goods of Special Importance) Act, 1957. Additional customs duties in
the nature of countervailing duties, i.e.,· CVD, SAD and other domestic taxes
imposed on imports to achieve a level playing field between domestic and
imported goods which are currently classified as customs duties. Cesses levied
by the Union viz., cess on rubber, tea, coffee etc.·
Service
Tax· Central Sales Tax – To be completely phased out· Surcharges levied by the
Union viz., National Calamity Contingent Duty,· Education Cess, Special
Additional Duties of Excise on Motor-Spirit and High SpeedDiesel (HSD).
4. State
GST may subsume following State taxes: Value Added Tax· Purchase Tax· State
Excise Duty (except on liquor)· Entertainment Tax (unless it is levied by the
local bodies)· Luxury Tax· Octroi Entry Tax in lieu of Octroi·Taxes on Lottery,
Betting and Gambling·
5. The
proposed GST will have two components – Central GST and State GST – the rates
of which will be prescribed separately keeping in view the revenue
considerations, total tax burden and the acceptability of the tax.
6.
Taxable event in case of goods would be ‘sale’ instead of ‘manufacture’.
7.
Exports will be zero rated and will be relieved of all embedded taxes and
levies at both Central and State level.
8. The
JWG has also proposed a list of exempted goods, which includes items, such as,
life saving drugs, fertilizers, agricultural implements, books and several food
items.
9.
Certain components of petroleum, liquor and tobacco are likely to be outside
the GST structure. Further, State Excise on liquor may also be kept outside the
GST.
10.
Taxes collected by Local Bodies would not get subsumed in the proposed GST
system.
As per the proposed GST regime, the input of
Central GST can be utilized only for payment of CGST & the input of State
GST can be utilized only for payment of SGST. Cross- Utilization of input of
CGST in payment of SGST and vice-a- versa, will not be allowed.
Railways
and Construction Sector might be included in GST.
Liquor,
Petro Sector, Taxes of Local Bodies might be out of GST Stamp Duty – It has not
yet been decided whether stamp duty will be part of the GST or not.
*Sources of the above information –
Back Ground Material Issued by ICAI on GST.