Master Circular on Export of Goods and Services

FEMA – 06/2010-11 – Dated:- 1-7-2010 – Master Circular on Export of Goods and Services Master Circular No. 06/2010-11 Dated 1-7-2010 Export of Goods and Services from India is allowed in terms of clause (a) of sub-section (1) and sub-section (3) of Section 7 of the Foreign Exchange Management Act 1999 (42 of 1999), read with Notification No. G.S.R. 381(E) dated May 3, 2000 viz. Foreign Exchange Management (Current Account) Rules, 2000, as amended from time to time. 2. This Master Circular conso

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Master Circular on Import of Goods and Services

FEMA – 04/2010-11 – Dated:- 1-7-2010 – Master Circular on Import of Goods and Services Master Circular No. 04/2010-11 Dated 1-7-2010 Import of Goods and Services into India is being allowed in terms of Section 5 of the Foreign Exchange Management Act 1999 (42 of 1999), read with Notification No. G.S.R. 381(E) dated May 3, 2000 viz. Foreign Exchange Management (Current Account) Rules, 2000 as amended from time to time. 2. This Master Circular consolidates the existing instructions on the subject

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PRE – BUDGET THOUGHTS ON SERVICE TAX / GST

Goods and Service Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 17-2-2010 Last Replied Date:- 30-12-1899 – Macro Economic Backdrop Indian economy is pegged to grow at close to 7 percent in current fiscal, belying pessimism that the economy would grow at a lower pace due to global economic slowdown. There are also evidences that the industrial sector is reviving now, However, according to IMF, growth in the Indian economy is likely to pick up from 6.75% in 2009-10 to 8% in 2010-11. Also services sector, more particularly, banking, financial services, insurance and information technology are expected to grow in double digits. In the recent Reserve Bank's credit policy review, the central bank has given a clear message for fiscal consolidation and signaling an end to the expansionary policy stance. This appears to be in sync with improved global outlook, optimistic growth prospects and fear of inflationary expectations. So far as fiscal deficit is concerned, it could be reduced to 5

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ral feeling is that in the wake of proposed GST by 2011, the government may not propose major changes in excise and service tax arena, a school of thought is of the view that. 2010 budget will be the last opportunity to align existing rates to the proposed GST rates and also levy service tax on more services so that preparatory exercise is done and date bank created. Thus, extending the service tax to all services and having a common threshold limit match with that proposed in GST may be attempted. A common rate may also be explored. 2010 also presents the opportune time for introducing a negative list of taxable services and taxing services comprehensively. What would be more desirable is to identify all such services and atleast remove the overlaps between existing services. However, with GST just a year away, will it serve any tangible objective will have to be deliberated. Taking opportunity of the Budget 2010, Finance Minister ought to make certain bold and straight forward statem

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emptions. The payment and compliance becomes flawless through input tax credit mechanism thus, making goods and services competitive resulting in economic value added. There however, exists a set of differences between the centre and the states and states inter se on various issues concerning GST. Our country needs to adopt a balanced approach and a concerted effort to maximize taxes under GST across almost all goods and services so that industry is benefited in terms of lower cost of compliance. Not only this, GST will benefit the industry in terms of increased output and productivity and even improve the GDP by over one percent. GST should also spur higher tax compliance leading to lower tax rates. So far as GST exemptions are concerned, they should be decided judiciously rather than on arbitrary basis or on political compulsions. GST to be economically successful should also be backed by efficient tax administration and machinery. For this grass root level is most crucial which must

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common date. Appropriate amendments in the Constitution should be carried out without any further delay. The Government should also ensure that the definitions provided under the Centre as well as the State enactments should be uniform, unambiguous, simple and in harmony with other existing laws. As far as possible, artificial deeming fiction in the definitions should be avoided. It is also necessary that classification of goods and services is based on international norms to avoid all classification disputes. Service Tax On service tax front, following suggestions can be attempted keeping in mind that GST is still away, atleast for a year – Wherever assessees or trade associations or chambers seek clarification from the board, a time limit of say, 30 to 60 days be set so that board is bound to clarify the issues raised within such time fame. There have been instances where clarifications have come after a gap of as long as 2 to 3 years and in some cases, clarification is due. Like sma

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ce Tax should be paid under one code, ie, assessee's code and not the service code. This will simplify the procedure without any loss of revenue. On valuation of services, all reimbursements of expenses should be kept out of tax net and the definition of pure agent should be amended accordingly. Export and import of service needs to be redefined in a much simpler manner so that assessees comply with the law and litigation is reduced. Refund of service tax on input services to exporters is still a tedious process and despite of CBEC's clarifications, the field is not forthcoming with the hassle free refund process. The exporters are made to run from pillar to post for claiming refund at field level or at first appeal stage. The budget should seriously address this issue and help exporters and others to avail the benefit which is in line with the legislative intention as well as rules. Also, the simplified refund procedure should cover all service tax assessees. There have been l

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Comments of the Department of Revenue (DoR) on the First Discussion Paper on GST

Goods and Service Tax – GST – By: – Pradeep Jain – Dated:- 3-2-2010 Last Replied Date:- 30-12-1899 – Comments of the Department of Revenue (DoR) on the First Discussion Paper on GST Prepared By: CA Pradeep Jain Siddharth Rutiya Visit us at www.capradeepjain.com Introduction: GST , commonly known as Goods and Service Tax has now become the buzz word of the industry as a whole. Any news, views or comments on this topic influences the industry at large and when the comments are from the Department of Revenue the impact is surely gigantic. Recently, the Department of Revenue has released its comments on the First Discussion Paper on GST. In this article we are attempting to highlight the key comments made by Department of Revenue alongwith the possible future prospects emerging there from. The Various issues and their comments are as follows: – Issue: – The GST shall have two components: one levied by the Centre (hereinafter referred to as Central GST), and the other levied by the States

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rmity between states which is totally absent earlier in current VAT regime. Secondly, t is not possible to collect the custom duty by the states. The custom department working under Centre is doing the same. In this place, the Central government will collect the tax and pass on to the state. This is also a practical solution. Issue: – The present thresholds exemption limits prescribed in different State VAT Acts varies from State to State. A uniform State GST threshold across States is desirable and, therefore, it is recommended that a threshold of gross annual turnover of ₹ 10 lakh both for goods and services for all the States and Union Territories may be adopted with adequate compensation for the States (particularly, the States in North-Eastern Region and Special Category States) where lower threshold had prevailed in the VAT regime. Keeping in view the interest of small traders and small scale industries and to avoid dual control, the States also considered that the threshol

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for return filing Electronic Return filing through certified service centres / CAs etc. Audit in 1-2% cases based on risk parameters Lenient penal provisions There may not be any need to have direct link between compensation package, if decided for, and the threshold for registration for North-Eastern and special category States. Comments of author:- Firstly, it is clear that the Central Government does not want to give exemption limit of ₹ 1.5 crore as currently available to industry. The Centre intends to give exemption of same limit as given by states. Even the higher service tax exemption limit for service providers is not acceptable to Centre. But by saying that they are ready to give more than ₹ 10 Lakhs if the states are also ready to give the same, they have moved the ball to the court of state. Further, the same exemption will also apply of IGST transaction. The simple registration, no physical verification and no pre-deposit, simple electronic and longer frequenc

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ill be for SGST alone, in case Centre also brings a Composition Scheme for small assesses. They also suggested that the Centre should leave the administration of Compounding Scheme, both for CGST and SGST to the States. Comments of author:- As the Centre is not interested to give more threshold exemption than the states, hence they intend to apply the same composition scheme for Centre also. A composition scheme upto ₹ 50 Lakhs will there which will address the problems of small players. This was porposed for SGST but the centre wants a separate and new scheme for centre. But it is not told that whether the same will passed on to the buyer and whether he will be able to get the credit of the same and set off against his CGST and SGST liability. If he is not able to do so then it will disadavantageous position for the small units. The taxpayer would need to submit periodical returns , in common format as far as possible, to both the Central GST authority and to the concerned State

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itter for assesses. Issue: – Inter-State Transactions of goods & services: The Empowered Committee accepted the recommendations of the Working Group of concerned officials of Central and State Governments for adoption of IGST model for taxation of inter-State transaction of Goods and Services The scope of IGST Model is that Centre would levy IGST which would be CGST plus SGST on all inter-State transactions of taxable goods and services with appropriate provision for consignment or stock transfer of goods and services. The inter-State seller will pay IGST on value addition after adjusting available credit of IGST, CGST, and SGST on his purchases. The Exporting State will transfer to the Centre the credit of SGST used in payment of IGST. The Importing dealer will claim credit of IGST while discharging his output tax liability in his own State. The Centre will transfer to the importing State the credit of IGST used in payment of SGST. The relevant information is also submitted to the

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for goods and services and for Centre and States. Having more than one rate either for CGST or SGST will complicate the working of IGST model. Issue: – GST Rate Structure: The Empowered Committee has decided to adopt a two-rate structure – a lower rate for necessary items and goods of basic importance and a standard rate for goods in general. There will also be a special rate for precious metals and a list of exempted items. For upholding of special needs of each State as well as a balanced approach to federal flexibility, and also for facilitating the introduction of GST, it is being discussed whether the exempted list under VAT regime including Goods of Local Importance may be retained in the exempted list under State GST in the initial years. It is also being discussed whether the Government of India may adopt, to begin with, a similar approach towards exempted list under the CGST. Comment: – There should be a single rate of SGST both for goods and services. A two rate structure for

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exempted under CENVAT regime. At the end, there must be a common list of exemptions for CGST and SGST. Comment of author: – The Centre wants only one rate should be there for GST. Even he wants to add ahcolic products, pan malsala, gutka etc. to this list and intend to impose further duties, if necessary. But he does not want that any product should be outside the GST. Moreover, Centre is of the opinion that single rate should be there on all goods and services whether essential or otherwise. The list of exempted product or services should be separately circulated and it should also be minimum. Conclusion:- The main dispute between Centre and state is being figured out after this comments from DoR. It is also relating to threshold exemption as well as relating to two tier rates. This also brings about that the centre does not want to give states the power to change the rates of SGST. This is good from point of view of assessee also. Otherwise, it will seem that the old system of VAT a

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Valuation of MS and HSD sold amongst OMCs – MOU – Withdrawal of instructions dated 14-2-2007- regarding

Central Excise – 913/03/2010-CX. – Dated:- 3-2-2010 – CIRCULAR NO. 913/03/2010-CX. Dated: February 03, 2010 Sub.:- Valuation of MS and HSD sold amongst OMCs – MOU – Withdrawal of instructions dated 14-2-2007- regarding. Attention of field formations is invited to the Board s instructions issued from F. No. 6/21/2003-CX.I (Pt) on 14-2-2007, a copy of which is available on the departmental web-site cbec.gov.in. The issue discussed in the said instructions is regarding valuation of petroleum products sold by one oil company to other oil company based on import parity price as per MOU entered between them. 2. In the aforesaid instructions field formations were directed to decide the cases pertaining to SCNs issued to the Oil companies on the i

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GST may not meet April 1 deadline: Plan panel

Dated:- 27-1-2010 – New Delhi, Jan 27 (PTI) The Planning Commission today said that the proposed Goods and Services Tax (GST) is likely to miss the deadline of April 1, but it could be introduced in the next fiscal only. Well, we were hoping that it (GST) will come from April 1, but it does not appear that it will be so, Planning Commission Member B K Chaturvedi told PTI.He, however, said the proposed indirect tax regime, aimed at doing away with most of the indirect taxes at the Centre and the

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New date for GST roll out deferred till month end

Dated:- 8-1-2010 – New Delhi, Jan 8 (PTI) The announcement of new date for the roll out of GST was deferred until month-end today as the Finance Minister Pranab Mukherjee is preoccupied with preparations for the next Budget. We will meet by month end and hope to finalise the dates and rates, Empowered Committee of state finance ministers Asim Dasgupta told reporters, amid speculation that GST may not be implemented from April 1, 2010, as was scheduled earlier.After the meeting with Union Financ

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Clarification – GST registration

Goods and Services Tax – Started By: – ranjit ronald – Dated:- 7-1-2010 Last Replied Date:- 10-1-2010 – It is understood that registeration under GST has been started w.e.f Jan,2010. In the case of Companies to whom we have to approach for GST registration formalities ranjit ronald KMML, KERALA – Reply By Surender Gupta – The Reply = I am surprised to hear this news. Can you tell me the soruce of such information – Reply By ranjit ronald – The Reply = This information is available on 50 th page

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List Of Agencies Authorised To Issue Certification For Global System Of Trade Preferences(Gstp), India Sri Lanka Free Trade Agreement(Islfta), Certificates Of Origin Under Asean-India Free Trade Agreement And India – Korea Comprehensive Economi

List Of Agencies Authorised To Issue Certification For Global System Of Trade Preferences(Gstp), India Sri Lanka Free Trade Agreement(Islfta), Certificates Of Origin Under Asean-India Free Trade Agreement And India – Korea Comprehensive Economic Partnership Agreement (Cepa). – DGFT – 26/2009 – Dated:- 23-12-2009 – List Of Agencies Authorised To Issue Certification For Global System Of Trade Preferences(Gstp), India Sri Lanka Free Trade Agreement(Islfta), Certificates Of Origin Under Asean-India Free Trade Agreement And India – Korea Comprehensive Economic Partnership Agreement (Cepa).

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Panel recommends single GST rates at all levels

Dated:- 16-12-2009 – New Delhi, Dec 15 (PTI) Giving voice to demands of some states, a task force constituted by the 13th Finance Commission has said the proposed Goods and Service Tax (GST) should have single rates at Central and state levels, and suggested postponement of its implementation by six months. The task force suggested five per cent GST at the Central level and seven per cent at the state level. The proposed tax will replace excise duty, service tax at the Central level and VAT at

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White paper on GST

Goods and Service Tax – GST – By: – Arun Kumar Singh – Dated:- 9-12-2009 Last Replied Date:- 30-12-1899 – The proposed GST structure in India proposes dual structure. GST shall have two components- Central GST and State GST. The model shall be implemented by multiple statute- one for Central GST and SGST statute for every state. However, it is proposed that basic feature of laws related to chargeability of tax, definition of taxable event, taxable person, basis of classification, basis of value for chargeability of tax shall remain uniform. Further, to an extent uniform procedure for collection of both Central GST and State GST shall be prescribed. Central GST shall be payable to the account of Central Government whereas State GST shall be

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be subsumed: Central Excise Duty Additional Excise Duties Excise duty levied on medicinal and toiletries preparation. Service Tax Additional Custom Duty (CVD) Special Additional duty (SAD) Surcharges Cesses. Following state taxes shall be subsumed in state GST: VAT/Sales Tax Entertainment Tax Luxury Tax Taxes on lottery, betting and gambling State cesses and surcharges Entry tax not in lieu of octroi. Items not covered under GST: The proposed GST Structure keeps liquor and petroleum products out of the purview of GST. Regarding applicability of GST on natural gas, decision will be taken in course of time. Excise duty, presently levied by the states shall not be affected. Tobacco products shall be subject to GST with input tax credit. Centr

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te GST is being proposed for turnover till 50 lakhs. To implement the model various legislative changes and constitutional amendment shall be required. It is expected that draft Central GST Act may be released in course of a few weeks for discussion. Comments: The proposed structure is certainly far better than the existing structure. However, a single GST structure, with tax revenue distributed between Centre & states would have been better for trade. Even in the proposed dual structure, it will be advisable for parliament to make basic law even for State GST, which is possible under the present Constitutional scheme. Nevertheless, politics is not something what ought to be done but it is more about what could be done. Keeping in mind

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GST – SOME ISSUES ARISING OUT OF DISCUSSION PAPER

Goods and Service Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 9-12-2009 Last Replied Date:- 30-12-1899 – Taxes out of Scope of GST The state governments are finding it difficult to arrive at consensus on following taxes to be subsumed in GST purchase tax – octroi duty – tax on alcoholic beverages (country liquor / IMFL) – tax on petroleum products – tax on tobacco items – stamp duty – toll tax – passenger tax – road tax – mining cess / royalty – electricity cess etc. Besides above, there is still no clarity on services- whether both, CGST and SGST would be levied on all services or that centre and states would distribute services amongst themselves or that centre alone will levy service tax on services and then appropriate it amongst states. Dual GST or Multiple GST Indian is a country with federal status wherein we have a Union Government (Central Government) and State Governments. So in the proposed setup, we are likely to have one central GST and 29 state GST's as we have 29

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, simple and easier in implementation. Tax Cascading Effect The greatest advantage of new GST regime is that it addresses fully the concern of tax cascading. Presently tax cascading is found in both- central and state taxes as the exempt sectors of economy (trade, oil etc) are not allowed to claim any cenvat credit of indirect taxes. It neither happens in excise duty nor in state value added tax. Also, on inter state sales, central sale tax (CST) is collected by the origin state for which no credit is allowed by any Government. It increases cost of production and makes business non-competitive. GST regime shall subsume most of the indirect taxes and will reduce the tax cascading effect to a great extent in entire supply chain. Only the final consumer will not be able to avail or utilize tax credit. Composite Contracts At times, it is seen that it is a common practice to have single composite contracts for various works, jobs, services etc such as in case of engineering projects, constr

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ch lead to litigation between the revenue and tax payers as to classification and valuation. One such contentious issue is that of software comprised in a compact disc wherein cost of media or the compact disc is labeled attracts central excise duty and its licence or right to use attracts service tax under intellectual property right service. Unfortunately, the first discussion paper is silent on this issue and it needs to be addressed appropriately. Government will have to specifically provide for such treatment clearly under the new GST regime. Fiscal Autonomy of States Presently, states enjoy total autonomy so far as state taxes are consumed- be it type of levy, what to levy, at what rate to tax and how to tax. Under GST regime, it is expected of states to have harmony in taxing including that in tax rates. Since the rates are going to be same, it would be a harmonious levy. How this is going to take shape is any body's guess. It is very difficult to have agreement on this aspe

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revenue neutral rates, it may not be possible to achieve a near revenue neutral situation. Despite the sincere attempts being made by the Empowered Committee on the determination of GST rate structure, revenue neutral rates, it is difficult to estimate accurately as to how much the States will gain from service taxes and how much they will lose on account of removal of cascading effect, payment of input tax credit and phasing out of CST. In view of this, it would be essential to provide adequately for compensation for loss that might emerge during the process of implementation of GST for the next five years. This issue may be comprehensively taken care of in the recommendations of the Thirteenth Finance Commission. The payment of this compensation will need to be ensured in terms of special grants to be released to the States duly in every month on the basis of neutrally monitored mechanism. According to Empowered Committee Chairman, based on the tax compliance in the initial year of G

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T, such amount will be reimbursed to the importing State by Centre. On a similar basis, if the dealer in exporting State utilizes credit of SGST for payment of IGST, Central Government will debit that amount to the exporting State. Thus, Central Government will act as 'clearing house' among different States for the purpose inter- state GST. IGST will be charged in invoice only if the selling dealer is registered under IGST. Similarly, credit of IGST can be taken only if the purchasing dealer is registered under IGST. Credit will be cross checked and verified through e-returns to be filed by selling dealers and purchasing dealers. IGST is expected to reduce the number of claims made, besides reducing the corruption and harassment. It will also reduce the litigation. Supply Chain Impact The dual GST structure will adversely affect the cost of supply chain, more particularly in manufacturing sector -both for inputs and output. The supply chains could be in relation to procurement

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n economic and tax implications. Businesses will have to and should undertaken a complete review and assessment of compliances under GST regime. Now that GST is likely to be deferred beyond April 2010 dead line , companies should evaluate the cost benefit in GST regime, based on existing systems and procedures. IT Infrastructure After acceptance of IGST Model for Inter-State transactions, the major responsibilities of IT infrastructural requirement will be shared by the Central Government through the use of its own IT infrastructure facility. The issues of tying up the State Infrastructure facilities with the Central facilities as well as further improvement of the States' own IT infrastructure, including TINXSYS, is to be addressed expeditiously and in a time bound manner. The major task before the Empowered Committee and the government will be to build up information technology (IT) platform or infrastructure. In my view, the tax information network (TIN) system, built by NSDL fo

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GST- SOME POINTS TO PONDER

Goods and Service Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 9-12-2009 Last Replied Date:- 30-12-1899 – So far, VAT at the state or Cenvat at the central level, along with services tax, have been major steps in tax reforms. Before the present tax regime, there was the sales tax regime, where there was a cascading effect on tax. VAT has removed this burden, but it had deficiencies. The Cenvat load remains. There were several state taxes which were not subsumed in any one tax. The inter-state sales tax or CST was not fully relieved. All this will be accomplished by the state GST. If VAT was a major improvement in the indirect tax system, GST will be the next logical step and a major breakthrough in the history of tax reforms in the country. With the GST, the positive impact on the GDP and state domestic product may be as high as a 2 per cent gain. As a first major step in the GST direction, the release of first discussion paper is a major break through. The second step is the need f

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both for goods and services for all the States and Union Territories will be prescribed with adequate compensation for the States (particularly, the States in North-Eastern Region and Special Category States) where lower threshold had prevailed in the VAT regime. After taking into consideration the interest of small traders and small & medium scale industries and to avoid dual control, it has been proposed that the threshold for Central GST for goods will be lakh Rs.l.5 crore and the threshold for services should also be appropriately high. Service Tax under GST Service Tax is presently levied at 10.3% (inclusive of Education Cess) percent tax on more than 105 services. States do not levy or collect service taxes at present, but get a share from the Centre's collections. It is proposed that states will keep the entire collection from certain services from this year. States would also tax another set of proposed new services, collect and appropriate as \ part of compensation fo

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s of taxable goods and services with appropriate provision for consignment or stock transfer of goods and services. The inter-State seller will pay IGST on value addition after adjusting available credit of IGST, CGST, and SGST on his purchases. The Exporting State will transfer to the Centre the credit off GST used in payment off GST. The importing dealer will claim credit of IGST while discharging his output tax liability in his own State. The Centre will transfer to the importing State the credit of IGST used in payment of SGST. The relevant information will also be submitted to the Central Agency which will act as a clearing house mechanism, verify the claims and inform the respective governments to transfer the funds. The advantages of IGST model are as follows- Maintenance of uninterrupted input tax credit chain on inter State transactions. No upfront payment of tax or substantial blockage of funds for the inter-State seller or buyer. No refund claim in exporting State, as ITC

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ct to gross annual turnover. In particular, there would be a compounding cut-off at ₹ 50 lakh of gross annual turnover and a floor rate of 0.5% across the States. The scheme would also allow option for GST registration for dealers with turnover below the compounding cut-off. Documentation and compliance Due to the dual structure of the GST, the assessees will be required to maintain separate accounts for Central GST and State GST. There will be one periodical return for both CGST and SGST with one copy each to be submitted to the respective GST authority. Conclusion GST will give more relief to industry, trade and agriculture through a more comprehensive and wider coverage of input tax set-off and service tax set-off, subsuming of several Central and State taxes in the GST and phasing out of CST. The transparent and complete chain of set-offs which will result in widening of tax base and better tax compliance may also lead to lowering of tax burden on an average dealer in ind

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KNOWING GOODS AND SERVICES TAX (GST) THROUGH FAQ'S

Goods and Service Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 9-12-2009 Last Replied Date:- 30-12-1899 – The first Discussion Paper on GST has been released by the Central Government which also provides few (twenty) frequently asked questions (FAQ's) on GST. These FAQ's do not cover all aspects of GST. Some FAQ's given hereunder seeks to explain the concept of GST, as stated in the discussion paper. Q.1 What does GST seeks to achieve? Ans. GST is a major indirect tax reform in India which takes VAT to its logical conclusion. GST would avoid burden of multiple taxation (tax on tax) with a cascading effect. GST seeks to rule out cascading tax effect. Once it introduced, CST will also be removed. Q.2 What is going to be the GST rate structure? Ans. The first discussion paper has outlined the rate structure and thresholds for goods & service in detail. It has prescribed four rates for goods under state GST (SGST) and suggested similar model under Central GST (CGST). Bus

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t is the general approach to proposed GST? Ans. The Government has decided to have a two tier or dual GST to be levied by centre as well as states and that there is going to be a phased approach to GST after initial and periodic review depending upon revenue collection, losses to state if any, level of tax compliance, outgo on account of compensation to states etc. Q.5 How is GST going to be administered? Ans. The GST is likely to be administered by a separate body at central level and at states level. The joint working group for constitutional amendment will suggest the possible tax administration. It could be a two tier structure wherein there is a main inter-state body and a second body, which is a smaller representational body of states. In this, members of states may represent on a rotational basis to avoid it from being too big. It is expected that this body will be independently set up which will derive its authority and power from the constitution itself. It would be premature

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e for taxation of intra-State and inter-State has already been formulated by the Working Group of Principal Secretaries/Secretaries of Finance/Taxation and Commissioners of Trade Taxes with senior representatives of Department of Revenue, Government of India. For inter-State transactions an innovative model of Integrated GST will be adopted by appropriately aligning and integrating CGST and SGST. Q.8 At what rate, GST will be levied? Ans. As already announced by the government, there will be two taxes- central GST (CGST) and state GST (SGST). The discussion paper suggest that there will be following types of GST rates- (a) for necessary items and goods of basis importance- lower rate (b) for general goods- standard rate (c) for precious metals – special rate (d) exempted items- as per list to be prescribed (e) single service tax rate. Thus, we will have at least four different rates. What rates will be announced is not yet known. It is understood that there is no consensus among states

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may extend beyond present regime in GST regime, the tax exemption and incentives will be converted into cash refund schemes after collection of tax, so that the GST chain is not disturbed. While no new exemption would be allowed, existing special industrial area scheme could continue till their expiry time. Q.12 What shall be the basis of levy of GST in case of inter- state transactions where billing is done on a different basis (say in case of telecom sector)? Ans. In certain segments such as banking or insurance or electricity, services are provided at one point while service is utilized at various geographic points. At times, services is broken based on certain geographical locations. These should be subjected to integrated GST (IGST). In case of telecommunication industry, IGST would be adopted as the tax collected will be divided between states and in India telecom circles are presently divided on the basis of telecom circles which may or may not exactly relate to specific states

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and credit would also be allowed faster and electronically. Q.14 Will there be any composition scheme for small traders in GST regime? Ans. Yes, there is hope that small service providers and businessmen will be provided some relief in GST. Following persons may be liable to pay only state GST manufacturers with turnover upto ₹ 1.50 crore – traders with turnover upto ₹ 50 lakhs – small service providers (limit to be prescribed) The discussion paper suggests that a composition scheme for such assessees will be notified and no details are proposed in the paper. Q.15 Presently, centralized registration is allowed in indirect taxes to taxpayers having multi location operations. Whether in GST, there will be provision of centralized registration? Ans. Though the first discussion paper is silent on the issue of registration (or centralized registration), it is for sure that manufacturers, dealers and service providers will have to obtain registration mandatorily. The registration

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Amendment in Appendix 4D of HBP-Vol-I regarding list of agencies authorized to issue GSTP

DGFT – 22/2009-14 – Dated:- 4-12-2009 – Amendment in Appendix 4D of HBP-Vol-I regarding list of agencies authorized to issue GSTP TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY (PART-I, SECTION-1) GOVERNMENT OF INDIA MINISTRY OF COMMERCE AND INDUSTRY DEPARTMENT OF COMMERCE PUBLIC NOTICE NO. 22/2009-2014 NEW DELHI, DATED 4th DECEMBER, 2009 In exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy 2009-2014, the Director General of Foreign Trade hereby makes the follo

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THE SHAPING UP OF GST REGIME

THE SHAPING UP OF GST REGIME – Goods and Service Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 30-11-2009 Last Replied Date:- 30-12-1899 – Tax Reforms and GST The introduction of goods and services tax (GST) from April 2010 was announced by Finance Minister in 2006-07 Budget. Union Budget 2007-08 reconfirms the proposal and moves a step ahead in announcing that the empowered committee of State Finance Ministers will work with the Union Government to prepare a roadmap for introducing a national level goods and services tax with effect from April 1, 2010. Union Budget 2006-07 (and reconfirmed in Budget 2007-08) has proposed a date, i.e., 1st April, 2010 for introduction of GST in the country. After value added tax, GST, when implemented shall be the most significant fiscal initiative of independent India and shall boost the economic development. The Vijay Kelkar Task Force had proposed the levy of Goods and Services Tax (GST) as a common tax for goods and services and availability of C

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an Goods and Services Act. The States will need to simultaneously introduce corresponding legislation for taxation of goods and services which will subsume their existing State-level cascading taxes. Need for a common tax Why do we need GST today? In today's Indian economy, where service sector contributes over 55%, separate taxation of goods and services is neither viable nor desirable. Value added in manufacture and sale of goods require inputs of both – goods and services and vice versa, which is often not separable. Taxation of goods and services separately by union as well as States brings in distortion in tax structure, is retrogatory and adversely affects revenues. The present consumption tax system in India is complicated as well as multi-layered. GST is a part of ongoing tax reforms which aims at evolving an efficient and harmonized consumption tax system. It shall replace the multiple taxes with a single tax operating at various levels of supply chain, thus, avoiding the

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ough transaction leading to an incentive for tax compliance. GST thus, seeks to achieve economic efficiency and tax neutrality. What is GST Simply put, goods and services tax is a tax levied on goods and services imposed at each point of sale or rendering of service. Such GST could be on entire goods and services or there could be some exempted class of goods or services or a negative list of goods and services on which GST is not levied. GST is an indirect tax in lieu of tax on goods (excise) and tax on service (service tax). The GST is just like State level VAT which is levied as tax on sale of goods. GST will be a national level value added tax applicable on goods and services. A major change in administering GST is that the tax incidence is at the point of sale as against the present system of point of origin. GST components According to Dr. Vijay Kelkar, There are four parts to the GST effort: establishing IT systems, building the Central GST, the political effort of agreeing on a

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would shift to State-level administration. At first, individual States should be merged into the TIN, one by one, at an administrative level while keeping the State VAT distinct from the Central GST. Once all major States are administratively working through the TIN, and the grand bargain has been agreed to, the stage would be set to throw a switch in April, 2010, where India would become a common market with a single Goods and Services Tax. India needs to adopt a GST system which is politically acceptable and administratively feasible. Internationally, there are three practices followed. GST is levied either on invoice system where GST is claimed on the basis of invoice and claimed when invoice is received irrespective of payment. In payment system, GST is claimed and availed when payments are received or made. Presently, service tax in India is based on payment system only where service tax is required to be deposited only when payment is collected. In yet another system, hybrid app

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o tier integration – one at central level and other one at state level where all indirect taxes integrate into a single value added tax. All this will require great deal of political will, intellectual skill and administrative drill. For national level GST, Central Sales Tax (CST) of four per cent is being abolished, which Government has already announced from 1st April, 2007 in a phased manner. The country shall have to follow uniform Cenvat rate alongwith administration for goods and services and a uniform exemption free level. An efficient data base (tax information network) and audit system are also pre-requisite for an efficient and effective GST regime. The phasing out of CST has begun since Union Budget 2007 and by 2010 it shall be completely abolished. The Empowered Committee of State Finance Ministers should also try to integrate the recommendations of Govinda Rao and Vijay Kelkar Committees. There will be a need to follow a gradual approach rather than one go stand. It may ta

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center and the state will each legislate, levy and administer the central GST and state GST respectively. Towards the goal to have GST in place by April 2010, Central Government has taken steps for convergence of central excise duty rates to a mean rate, currently at eight percent. Under GST, the format will change and central taxes (CST, central excise, service tax) shall be subsumed into one. Also, sharing between centre and states will be there mere with a major shift in sharing pattern. In fact, GST will change the tax horizon of the country for the good. GST will also provide an opportunity to policy makers to follow principle of certainty and have clear cut defined exemptions, concessions, non taxable areas and services so as to avoid confusion and litigation. The rate of GST is not yet final and various State Governments are discussing it. While the indications of a dual GST structure look bright, unified GST would be preferred by assessees as it would be cost effective and pro

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laying field for projects and contracts with periods spanning over more than a year as in such cases, migration would be difficult and some cut off arrangement will have to be worked out. Obviously, as of now, all such contacts must be silent on this issue and may create a bottleneck between parties to contract. In GST regime, there will be no place for duties like additional custom duty or special additional duties or cess. Ideally, central and state indirect taxes such as central sales tax, excise duties, service tax, value added tax, entry tax, tax on consumption of goods, luxury tax, entertainment tax etc should be subsumed in GST. It needs to be cleared as to what would happen to issues involving stock transfers, inter state transfer, cross border taxation of service, taxation of service etc. Issues on Cenvat credit, place of taxation, timing of taxation and person liable – all are relevant and crucial. What all taxes will be subsumed in GST should be made clear. On indirect tax f

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ng taxes- (a) Central excise duties, additional excise duties, excise duties under Medicinal and Toilet Preparation Act, (b) Service tax (c) Additional customs duty (CUD) and Special additional Customs Duty (SAD) (d) Surcharge (e) Cess SGST is expected to subsume the following state taxes- (a) Value added tax( or sales tax) (b) Entertainment tax (c) Luxury tax (d) Tax on lottery, betting and gambling (e) State cess/ surcharge. Following are the highlights of proposed GST to be levied in India – Dual structure: As expected, India is implementing 'dual GST'. Centre Government would be levying Central GST (CGST) and State Governments would be levying State GST (SGST). CGST and SGST would be applicable on all the transactions of goods and services made for a consideration except: – Exempted goods and services which are outside the purview of GST and – Transactions which are below the prescribed threshold limits. Statutes: This dual GST model would be implemented through multiple st

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, the rules for taking and utilization of credit for the Central GST and the State GST would be prescribed and would be on similar lines. Fortunately, cross utilization of tax credit between the Central GST and the State GST would be allowed in the case of inter-State supply of goods and services under the IGST model. Interstate GST (IGST): Central Government would levy IGST (which would be CGST plus SGST) on all inter-State transactions of taxable goods and services with appropriate provision for consignment or stock transfer of goods and services. The inter-State seller will pay IGST on value addition after adjusting available credit of IGST, CGST, and SGST on his purchases. The Exporting State will transfer to the Centre the credit of SGST used in payment of IGST. The Importing dealer will claim credit of IGST while discharging his output tax liability in his own State. The Centre will transfer to the importing State the credit of IGST used in payment of SGST. Basic threshold: A d

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T, the tax exemptions, remissions etc. related to industrial incentives would be converted, if at all needed, into cash refund schemes. Regarding Special Industrial Area Schemes, it is clarified that such exemptions, remissions etc. would continue up to legitimate expiry time both for the Centre and the States. Taxes to be subsumed in GST : In CGST the taxes to be subsumed are Central Excise Duty, Additional Excise Duties, Service Tax, Additional Customs Duty, commonly known as Countervailing Duty (CVD), Special Additional Duty of Customs – 4% (SAD), Excise Duty levied under the Medicinal and Toiletries Preparation Act, Surcharges and cesses. Whereas SGST will subsume VAT/Sales tax, Entertainment tax (unless it is levied by the local bodies), Luxury Tax, Taxes on lottery, betting and gambling, State Cesses and Surcharges in so far as they relate to supply of goods and services, Entry tax not in lieu of Octroi. Products outside GST regime: Items containing Alcohol and petroleum produc

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GST: Going Still Tough

Goods and Service Tax – GST – By: – Abhishek Jaju – Dated:- 27-11-2009 Last Replied Date:- 30-12-1899 – November 10, 2009 was much like an anticipated momentous day with the industry and professionals hoping a Pandora box to open. Now the discussion paper on GST has been in the public domain for quite an amount of time and the views from the industry have started pouring in. The arrival of this paper is slated to become one of the historic events in the taxation history of the country. Bringing in tax sector reforms has been on the radar of the present Central Government. The draft Direct tax code is already out and inviting reactions/ suggestions from cross sections of the country. And now the other big thing is on Indirect tax front- con

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tional Institute of Public Finance and Policy, prepared by a team led by Dr. Bagchi. In recommending a state VAT, the Bagchi report clearly recognized that it would not be the perfect or first best solution to the problems of the domestic trade tax regime in a multi- government framework but that was the only feasible option at that hour. · Journey of Value Added Tax in India: 01.03.1986 Introduction of MODVAT on selected no. of commodities 2002-03 CENVAT covered all the commodities CCR, 2004 (w.e.f. 10.09.04) Service tax/ Excise Duty adjustment available 01.04.2005 Implementation of state level VAT (in most of the states

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anufacturing to retail …. The fact that inter adjustment of CGST and SGST would not be allowed is bit disturbing in context with the FM's speech. Also the issue of set off of input IGST against output CGST is not very clear. The paper failed to throw light on the essentials like- · Rates of taxes · Threshold limit for services · Time Schedule for bringing in the draft, constitutional amendment, state laws · Bringing in consensus among the states · Manner of taxing inter-state services Essentially GST is a single rate structure and would have been phenomenal step if tax at single rate was levied with the sharing of revenue between states and centre based on range of parameters. Bringing in two co

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ISSUES IN CEMENT INDUSTRY UNDER GST REGIME

ISSUES IN CEMENT INDUSTRY UNDER GST REGIME – Goods and Service Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 22-11-2009 Last Replied Date:- 10-12-2009 – The Cement industry, being a core sector industry, producing the basic construction material essential for any construction activity, be it infrastructure, hospitals, housing, community development projects etc., plays a lead role in country's economic development and hence deserves due support from the Governments – central and states, for its healthy growth. Proposed GST Goods and Services Tax (GST) proposed from 1.4.2010 seeks to ensure simple and unambiguous tax laws, would replace taxes such as Octroi, Central Sales Tax, Turnover Tax, Tax on Consumption or Sale of Electricity, Tax on Transport of Goods and Services and elimiante cascading effects of multiple layers of taxation system presently in vogue. It should aim at facilitating seamless credit across the entire supply chain and across all states under a common tax base.

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Cement Industry vis- a-vis GST It is expected that the transition to GST would impact the cement industry due to certain issues that may need due consideration by the Central Government, and Empowered Committee and suitably addressed. In case of the cement industry, the following issues need special mention- (a) Value Added Tax – VAT provisions of different State's VAT Acts have different definitions for Capital Goods and varied number of installments in which credit may be availed. Now when the GST regime is proposed, and being deliberated upon, it is felt that the levy should be uniform and the rules/ regulations must be such that the inter – state trade and business can flow unhindered. Therefore, there should be uniformity in definition/treatment for GST across all the States. (b) Role of States -With proposed freedom to each State to legislate, levy and administer State GST (as announced by Finance Minister in Budget), there is a fear of it resulting in different treatment of

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mestone by 40% by the Ministry of Mines (up to ₹ 65 per tonne ) all over the country which adds to the production cost of cement substantially . Royalty should be therefore, considered as a tax to be included in GST structure to receive credit . (d) Fuel and Power – Electricity Duty is imposed all over the country, both on grid supply and captive power generation. The cement industry is an energy intensive industry and all its operations, from raw materials preparations till cement grinding, require huge consumption of electric power. In India, most of the cement units have their installed captive power generation facilities due to erratic grid power supplies. Industry experience suggest that around 80- 90 units of electric power is needed to produce one tonne of cement. High fuel prices increase the cost of cement production. It is worth mentioning that power and fuel cost comprises more than 50 percent of the total cost of cement production. The cost being high, it is desirable

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Good Transactions under Goods and Services Tax

Goods and Service Tax – GST – By: – Pradeep Jain – Dated:- 18-11-2009 Last Replied Date:- 30-12-1899 – Prepared By: – CA Pradeep Jain, Sukhvinder Kaur, LLB (FYIC) Siddharth Rutiya Introduction: – The indirect tax regime in India is evolving into GST in the year 2010. The steps towards introduction of GST have commenced. The Empowered Committee of State Finance Ministers has introduced the First Discussion Paper on GST in India on November 10, 2009. A dual structure of Central GST (CGST) and State GST (SGST) is proposed to be imposed on the manufacture of goods and on provision of services. A continuous chain of set-off from the original producer's point and service provider's point upto the retailer's level would be established which would eliminate the burden of all cascading effects. For sale or services transactions between two states (inter-state), the Government has proposed to impose Inter State GST (IGST) which will include both CGST and SGST. Between the Inter-stat

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e scope of IGST model, as discussed in First Discussion Paper, is that the IGST will be levied by the Centre and it would be CGST plus SGST on all inter-state transactions of taxable goods and services. It is proposed that the inter-state seller will pay IGST on value addition after adjusting available credit of IGST, CGST and SGST on his purchases. The Exporting state will transfer to the Centre the credit of SGST used in payment of IGST. The Importing dealer will claim credit of IGST while discharging his output tax liability in his own State. The Centre will transfer to the importing State the credit of IGST used in payment of SGST. The major advantages of IGST Model as per discussion paper are as under: Maintenance of uninterrupted ITC chain on inter-State transactions. – No upfront payment of tax or substantial blockage of funds for the inter-state seller or buyer. – No refund claim in exporting State, as ITC is used up while paying the tax. – Self monitoring model. – Level of co

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er says that the service provider exemption from CGST should be kept high as currently they are enjoying exemption of ₹ 10 Lakhs. But there is no hint given for exemption limit for service providers from SGST. Even the discussion paper brings out a peculiar situation wherein the State Authorities will be empowered under their respective state GST statutes to exempt various goods that are of peculiar nature looking to the specificity existing in that state. If such a power is being granted to the states then the situation will be that certain goods will be exempted by SGST in that state, however, CGST will be levied on those products. Thus, it is clear that there will be separate exemption for CGST and SGST. Further, if the CGST is exempt then the assessee will not be allowed to take the credit of CGST. Similarly, if the SGST is exempt then credit of the same will not be allowed. Now, suppose an assessee is granted exemption from CGST but SGST is applicable, then the credit of CGS

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ayable and credit of the same is available. As such, everyone intends to purchase the goods from inside the state. Although it is very premature to say as only discussion paper is published for the GST but we have prepared the article on our understanding of the said paper. Looking to the recommendations as depicted in the discussion paper the situation as picturized by us in this article seems to be more factual but nothing can be expressed with utmost certainty as the law and GST code is yet to be released by the Government. Before Parting: – Thus, from the above discussion, the inter-state transactions appear to be more beneficial to the assessee who is providing output service or is manufacturing final product. This is because the assessee will not be paying the tax in cash and will be able to utilize the credit of IGST to do so. The views expressed by us in this article are the views as understood by us while analyzing the recommendations of Empowered Committee of State Finance Mi

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INDIA’S GOODS AND SERVICES EXPORTS TO DOUBLE BY 2014: ANAND SHARMA INDUSTRIAL OUTPUT EXPANDS BY 10.4% IN AUGUST 2009 CONSULTATIVE COMMITTEE OF COMMERCE AND INDUSTRY MEETS

Dated:- 12-11-2009 – Shri Anand Sharma, Union Minister of Commerce & Industry, during his interaction with the Members of the Parliamentary Consultative Committee attached to his Ministry, here today, stated that even in the difficult times, we would like to achieve an annual export growth of 15% over 2010-11 and added that in the remaining three years, the country should be able to come back on the high export growth path of around 25% per annum. The Minister informed the Members that by 2014, India s exports of goods and services are expected to be doubled while the long term policy objective is to double India s share in global trade by 2020. The Members who attended the Meeting were: S/Shri Harin Pathak, G.M. Siddeshwara, Chandu Lal Sahu, Kristappa Nimmala, M. Srinivasulu Reddy, Sharad A Joshi, T.K. Rangarajan, N.R. Govindarajar and Y.P. Trivedi. Shri Jyotiraditya M Scindia, Minister of State for Commerce and Industry; Dr. Rahul Khullar, Commerce Secretary; Shri Ajay Shankar,

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ill doing well. To meet the objective of sustained growth in exports, Shri Sharma said our endeavour is to have a policy environment through a mix of measures including fiscal incentives, institutional changes, procedural rationalization, efforts for enhanced market access across the world and diversification of export markets. With this background, I have announced the New Foreign Trade Policy, 2009-14 on 27th August 09 giving special thrust to the employment oriented sectors which have witnessed job losses in the wake of recession especially in the field of textiles, leather, handicrafts, etc . As regards industrial slowdown witnessed during 2008-09, Shri Sharma said that it was generally widespread, affecting all the three key segments of the industry viz., mining, manufacturing and electricity and added that the deceleration was sharp in the the manufacturing sector. The Minister pointed out that the government has announced a lot of incentives to many labour-intensive industries.

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acilities etc. They also desired to know about the WTO related issues and the impact on Indian industry due to agreement with ASEAN. Some of the Members emphasized that effort should be made for achieving the export target fixed in the present scenario of continuous decline in exports and limited revival of demand in developed economies. They suggested that Ministry should come out with assessment of job losses in the wake of continuing downturn, particularly for gems and jewellery units in Surat and Textile Units in Tirupur and to examine the need to frame incentives linked to job protection and job creation. The Members stressed that the new initiatives taken in FTP, particularly the Export Promotion Schemes which are currently provided for two years, need to be continued for at least 5 years to ensure stability and confidence in the exporting community for sustained growth in exports. Replying to the suggestions of the Members present, the Minister informed that Agreement with ASEAN

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First Discussion paper on GST: – Old Wine in New Bottle

Goods and Service Tax – GST – By: – Pradeep Jain – Dated:- 12-11-2009 Last Replied Date:- 13-11-2009 – The article by: CA Pradeep Jain Siddharth Rutiya Visit us at: www.capradeepjain.com Empowered Committee of State Finance Ministers has recently issued the First Discussion paper on Goods and Service tax in India dated November 10, 2009. The complete analysis (as provided under this article later on) signifies a situation wherein there has been no change in the current tax structure. Presently the Excise duty is levied at Central level and VAT is levied at state level, both of these taxonomies have their own administration authorities, their own statues governing them, even further the taxpayer is required to maintain separate records for the two of these, file separate return for each, he is not allowed to cross adjust the tax credit between the two and many more. The similar situation is with the GST model as picturised by the discussion paper. There will be dual tax structure CGST

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the issues relating to the said taxonomy. But still we are reproducing hereunder the highlights of the Discussion paper as follows: – > There will be a Federal system with the objective of having an overall harmonious structure of rates. > GST shall have two components: one levied by Centre referred to as Central GST, and other levied by the States referred to as State GST. > The dual GST model will be implemented through multiple statutes, one for CGST and SGST statute for every State. > CGST and SGST will be applicable to all transactions of goods and services except the exempted goods and services. > CGST and SGST are to be paid to the accounts of the Centre and the States separately. > Taxes paid against the CGST / SGST shall be allowed to be taken as input tax credit (ITC) for CGST / SGST and could be utilized only against the payment of CGST / SGST respectively. > Cross utilization of ITC between the CGST and SGST would not be allowed except in case of inter

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g Central Taxes should be subsumed under GST: > Central Excise Duty > Additional Excise Duties > The Excise Duty levied under the Medicinal and Toiletries Preparation Act > Service Tax > Additional Customs Duty, commonly known as Countervailing Duty (CVD) > Special Additional Duty of Customs – 4% (SAD) > Surcharges, and > Cesses. Following State taxes and levies would be subsumed under GST: > VAT / Sales tax > Entertainment tax (unless it is levied by the local bodies). > Luxury tax > Taxes on lottery, betting and gambling. > State Cesses and Surcharges in so far as they relate to supply of goods and services. > Entry tax not in lieu of Octroi. The introduction of Discussion paper on GST by Empowered Committee has drawn us to the conclusion that there will remain a tri structure tax regime in the GST model wherein the tax will be levied as Central GST or State GST or Inter-State transactions of GST i.e. IGST. Each of these will be administered

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? The Empowered Committee has not specified the threshold exemption limit applicable to services under CGST. However they have clarified that the same will be in conformity with the existing threshold exemption of ₹ 10 Lakhs. The question is still unanswered and we hope to get the limits clarified by the Government very soon. > IGST (Inter-state transaction of GST) levy will be equal to CGST plus SGST, thus the same will be single rates of separate records are to be maintained in this respect also? It has been clarified that the IGST credit will be allowed to be set off against IGST, CGST or SGST payable by the taxpayer. In the current scenario CST is levied on interstate sale of goods, but the dealers aren't allowed to avail the credit of the same and they are emphasizing on the scenario to buy the goods from within the state so as to avail the credit of VAT. However in this new tax regime the IGST will be levied at the rate which will be equal to CGST plus SGST, this lea

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ed on Petroleum Products? As far as petroleum products are concerned, the discussion paper has clarified that the basket of petroleum products, i.e. crude, motor spirit (including ATF) and HSD would be kept outside GST. Sales Tax will be continued to be levied by the States on these products with prevailing floor rate and similarly, Centre will also continue its levies. > Reduction of non Cenvatable duty on imports! In the present scenario Basic Customs duty along with Customs education cess and Customs Secondary and higher education cess are charged on the value of the imports which are non Cenvatable but in the GST tax regime only Basic Customs duty will be leviable which will be non Cenvatable rest all levies will be covered under GST. This will lead to cheaper imports. > The dual GST model would be implemented through multiple statutes one for CGST and SGST statute for every State. Different statues will govern the SGST levy. This will lead to non uniformity in the tax struct

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First Discussion Paper On Goods and Services Tax In India

Goods and Services Tax – GST – Dated:- 10-11-2009 – Also see: Report of Task Force on Implementation of GST dated 15.12.2009 First Discussion Paper On Goods and Services Tax In India The Empowered Committee Of State Finance Ministers New Delhi, November 10, 2009 Foreword If the Value Added Tax (VAT) is considered to be a major improvement over the pre-existing Central excise duty at the national level and the sales tax system at the State level, then the Goods and Services Tax (GST) will be a further significant breakthrough – the next logical step – towards a comprehensive indirect tax reform in the country. Keeping this overall objective in view, an announcement was made by Shri P. Chidambaram, the then Union Finance Minister in the Central Budget (2007-2008) to the effect that GST would be introduced from April 1, 2010 and that the Empowered Committee of State Finance Ministers, on his request, would work with the Central Government to prepare a road map for introduction of GST in

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nment of India were received on December 12, 2008 and were duly considered by the Empowered Committee (December 16, 2008). It was decided that a Committee of Principal Secretaries/Secretaries of Finance/Taxation and Commissioners of Trade Taxes of the States would be set up to consider these comments, and submit their views. These views were submitted and were accepted in principle by the Empowered Committee (January 21, 2009). Consequent upon this in-principle acceptance, a Working Group, consisting of the concerned officials of the State Governments was formed who, in close association with senior representatives of the Government of India, submitted their recommendations in detail on the structure of GST. An important interaction has also recently taken place between Shri Pranab Mukherjee, the Union Finance Minister and the Empowered Committee (October 19, 2009) on the related issue of compensation for loss of the States on account of phasing out of CST. The Empowered Committee has

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in the end an Annexure on Frequently Asked Questions and Answers. This Discussion Paper has been the result of truly collective efforts on the basis of hardwork of all the concerned officials of the States, the officials of Empowered Committee Secretariat and the Adviser and officials of the Union Finance Ministry, the counsel and active participation of Finance Ministers and concerned Senior Ministers of the States at each stage, and the encouragement and advice of the Union Finance Minister. With the release of this First Discussion Paper and the Annexure on Frequently Asked Questions and Answers, we now sincerely invite interaction with the representatives of industry, trade, agriculture and common people. This interaction and campaign will immediately start at the national level and at the State levels. As a part of this interaction, we look forward to receiving the views of industry, trade, agriculture as well as consumers in a time-bound manner. Asim Kumar Dasgupta Chairman, Empo

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road map for introduction of GST in India. After this announcement, the Empowered Committee of State Finance Ministers decided to set up a Joint Working Group (May 10, 2007), with the then Adviser to the Union Finance Minister and Member-Secretary of the Empowered Committee as its Co-convenors and concerned four Joint Secretaries of the Department of Revenue of Union Finance Ministry and all Finance Secretaries of the States as its members. This Joint Working Group got itself divided into three Sub-Groups and had several rounds of internal discussions as well as interaction with experts and representatives of Chambers of Commerce & Industry. On the basis of these discussions and interaction, the Sub-Groups submitted their reports which were then integrated and consolidated into the report of Joint Working Group (November 19, 2007). 1.3 This report was discussed in detail in the meeting of the Empowered Committee on November 28, 2007, and the States were also requested to communicat

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y 21, 2009). As a follow-up of this in-principle acceptance, a Working Group consisting of the concerned officials of the State Governments was formed who, in association with senior representatives of Government of India, submitted their recommendations in detail on the structure of GST. An important interaction has also recently taken place between Shri Pranab Mukherjee, the Union Finance Minister and the Empowered Committee (October 19, 2009) on the related issue of compensation for loss of the States on account of phasing out of CST. The Empowered Committee has now taken a detailed view on the recommendations of the Working Group of officials and other related matters. This detailed view is now presented in terms of the First Discussion Paper, along with an Annexure on Frequently Asked Questions and Answers on GST, for discussion with industry, trade, agriculture and people at large. Since the GST at the Centre and States would be a further improvement over the VAT, a brief recalli

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of sales tax system, a set-off is given from tax burden not only for input tax paid but also for tax paid on previous purchases. With VAT, the problem of tax on tax and related burden of cascading effect is thus removed. Furthermore, since the benefit of set-off can be obtained only if tax is duly paid on inputs (in the case of Central VAT), and on both inputs and on previous purchases (in the case of State VAT), there is a built-in check in the VAT structure on tax compliance in the Centre as well as in the States, with expected results in terms of improvement in transparency and reduction in tax evasion. For these beneficial effects, VAT has now been introduced in more than 150 countries, including several federal countries. In Asia, it has now been introduced in almost all the countries. 1.6 In India, VAT was introduced at the Central level for a selected number of commodities in terms of MODVAT with effect from March 1, 1986, and in a step-by-step manner for all commodities in ter

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was also an unhealthy competition among the States in terms of sales tax rates – so-called rate war – often resulting in, revenue-wise, a counter-productive situation. 1.8 It is in this background that attempts were made by the States to introduce a harmonious VAT in the States, keeping at the same time in mind the issue of sovereignty of the States regarding the State tax matters. The first preliminary discussion on State-level VAT took place in a meeting of Chief Ministers convened by Dr. Manmohan Singh, the then Union Finance Minister in 1995. In this meeting, the basic issues on VAT were discussed in general terms and this was followed up by periodic interactions of State Finance Ministers. Thereafter, in a significant meeting of all the Chief Ministers, convened on November 16, 1999 by Shri Yashwant Sinha, the then Union Finance Minister, two important decisions, among others, were taken. First, before the introduction of State-level VAT, the unhealthy sales tax rate war among the

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aching this stage, steps were initiated for systematic preparation for introduction of State-level VAT. In order again to avoid any unhealthy competition among the States which may lead to distortions in manufacturing and trade, attempts have been made from the very beginning to harmonise the VAT design in the States, keeping also in view the distinctive features of each State and the need for federal flexibility. This has been done by the States collectively agreeing, through discussions in the Empowered Committee, to certain common points of convergence regarding VAT, and allowing at the same time certain flexibility to accommodate the local characteristics of the States. In the course of these discussions, references to the Tenth Five Year Plan Report of the Advisory Group on Tax Policies & Tax Administration (2001) and the report of Kelkar (Chairman) Task Force were helpful. 1.11 Along with these measures, steps were taken for necessary training, computerization and interaction

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cation of GST 1.13 Despite this success with VAT, there are still certain shortcomings in the structure of VAT both at the Central and at the State level. The shortcoming in CENVAT of the Government of India lies in non-inclusion of several Central taxes in the overall framework of CENVAT, such as additional customs duty, surcharges, etc., and thus keeping the benefits of comprehensive input tax and service tax set-off out of reach for manufacturers/ dealers. Moreover, no step has yet been taken to capture the value-added chain in the distribution trade below the manufacturing level in the existing scheme of CENVAT. The introduction of GST at the Central level will not only include comprehensively more indirect Central taxes and integrate goods and service taxes for the purpose of set-off relief, but may also lead to revenue gain for the Centre through widening of the dealer base by capturing value addition in the distributive trade and increased compliance. 1.14 In the existing State-

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int upto the retailer's level is established which reduces the burden of all cascading effects. This is the essence of GST, and this is why GST is not simply VAT plus service tax but an improvement over the previous system of VAT and disjointed service tax. However, for this GST to be introduced at the State-level, it is essential that the States should be given the power of levy of taxation of all services. This power of levy of service taxes has so long been only with the Centre. A Constitutional Amendment will be made for giving this power also to the States. Moreover, with the introduction of GST, burden of Central Sales Tax (CST) will also be removed. The GST at the State-level is, therefore, justified for (a) additional power of levy of taxation of services for the States, (b) system of comprehensive set-off relief, including set-off for cascading burden of CENVAT and service taxes, (c) subsuming of several taxes in the GST and (d) removal of burden of CST. Because of the rem

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T in view, an announcement was made by the then Union Finance Minister in the Union Budget, as mentioned before, to the effect that GST would be introduced from April 1, 2010, and that the Empowered Committee of State Finance Ministers would work with the Central Government to prepare a road map for introduction of the GST. After this announcement, the Empowered Committee, as stated earlier, had set up a Joint Working Group which submitted a report on a model and road map for GST. After accommodating the views of the States appropriately on this report, the views of the Empowered Committee on the model and road map were sent to the Government of India on 30th April, 2008. The comments of the Government of India were received on 12th December, 2008. These comments were duly considered by the Empowered Committee in its meeting held on 16th December, 2008 and it was decided that a Committee of Principal Secretaries/Secretaries (Finance/Taxation) and Commissioners of Trade Taxes should con

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banks. It was also decided that the senior representatives from the Government of India may also be associated. The Working Group deliberated on the issues on 10th February, 2009 and decided to form three Sub Working Groups to deliberate each item in depth. The Reports of the Working Group on the three issues have already been received, and the Empowered Committee has taken a view on these recommendations for concluding the details of GST structure. 2.2 While making this preparation of GST, it was also necessary, as mentioned earlier, to phase out the CST, because it did not carry any set-off relief and there was a distortion in the VAT regime due to export of tax from one State to other State. The Empowered Committee accordingly took a decision to phase out CST on the understanding with the Centre that, since phasing out of CST would result in a loss of revenue to the States on a permanent basis, an appropriate mechanism to compensate the States for such loss would be worked out. The

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ervices Tax, the views received from the States and Government of India, a dual GST structure with defined functions and responsibilities of the Centre and the States is recommended. An appropriate mechanism that will be binding on both the Centre and the States would be worked out whereby the harmonious rate structure along with the need for further modification could be upheld, if necessary with a collectively agreed Constitutional Amendment. Salient features of the proposed model are as follows: (i) The GST shall have two components: one levied by the Centre (hereinafter referred to as Central GST), and the other levied by the States (hereinafter referred to as State GST). Rates for Central GST and State GST would be prescribed appropriately, reflecting revenue considerations and acceptability. This dual GST model would be implemented through multiple statutes (one for CGST and SGST statute for every State). However, the basic features of law such as chargeability, definition of tax

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Central GST. The same principle will be applicable for the State GST. A taxpayer or exporter would have to maintain separate details in books of account for utilization or refund of credit. Further, the rules for taking and utilization of credit for the Central GST and the State GST would be aligned. (v) Cross utilization of ITC between the Central GST and the State GST would not be allowed except in the case of inter-State supply of goods and services under the IGST model which is explained later. (vi) Ideally, the problem related to credit accumulation on account of refund of GST should be avoided by both the Centre and the States except in the cases such as exports, purchase of capital goods, input tax at higher rate than output tax etc. where, again refund/adjustment should be completed in a time bound manner. (vii) To the extent feasible, uniform procedure for collection of both Central GST and State GST would be prescribed in the respective legislation for Central GST and State

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d that the threshold for Central GST for goods may be kept at ₹ 1.5 crore and the threshold for Central GST for services may also be appropriately high. It may be mentioned that even now there is a separate threshold of services (Rs. 10 lakh) and goods (Rs. 1.5 crore) in the Service Tax and CENVAT. (x) The States are also of the view that Composition/ Compounding Scheme for the purpose of GST should have an upper ceiling on gross annual turnover and a floor tax rate with respect to gross annual turnover. In particular, there would be a compounding cut-off at ₹ 50 lakh of gross annual turn over and a floor rate of 0.5% across the States. The scheme would also allow option for GST registration for dealers with turnover below the compounding cut-off. (xi) The taxpayer would need to submit periodical returns, in common format as far as possible, to both the Central GST authority and to the concerned State GST authorities. (xii) Each taxpayer would be allotted a PAN-linked taxpa

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ervices at one end and the consumption of goods and services at the other. (iii) The subsumation should result in free flow of tax credit in intra and inter-State levels. (iv) The taxes, levies and fees that are not specifically related to supply of goods & services should not be subsumed under GST. (v) Revenue fairness for both the Union and the States individually would need to be attempted. 3.4 On application of the above principles, it is recommended that the following Central Taxes should be, to begin with, subsumed under the Goods and Services Tax: (i) Central Excise Duty (ii) Additional Excise Duties (iii) The Excise Duty levied under the Medicinal and Toiletries Preparation Act (iv) Service Tax (v) Additional Customs Duty, commonly known as Countervailing Duty (CVD) (vi) Special Additional Duty of Customs – 4% (SAD) (vii) Surcharges, and (viii) Cesses. Following State taxes and levies would be, to begin with, subsumed under GST: (i) VAT / Sales tax (ii) Entertainment tax (u

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lic beverages as per the existing practice. In case it has been made Vatable by some States, there is no objection to that. Excise Duty, which is presently being levied by the States may not be also affected. Tax on Tobacco products: Tobacco products would be subjected to GST with ITC. Centre may be allowed to levy excise duty on tobacco products over and above GST without ITC. Tax on Petroleum Products: As far as petroleum products are concerned, it was decided that the basket of petroleum products, i.e. crude, motor spirit (including ATF) and HSD would be kept outside GST as is the prevailing practice in India. Sales Tax could continue to be levied by the States on these products with prevailing floor rate. Similarly, Centre could also continue its levies. A final view whether Natural Gas should be kept outside the GST will be taken after further deliberations. Taxation of Services : As indicated earlier, both the Centre and the States will have concurrent power to levy tax on all go

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ices. The inter-State seller will pay IGST on value addition after adjusting available credit of IGST, CGST, and SGST on his purchases. The Exporting State will transfer to the Centre the credit of SGST used in payment of IGST. The Importing dealer will claim credit of IGST while discharging his output tax liability in his own State. The Centre will transfer to the importing State the credit of IGST used in payment of SGST. The relevant information will also be submitted to the Central Agency which will act as a clearing house mechanism, verify the claims and inform the respective governments to transfer the funds. The major advantages of IGST Model are: a) Maintenance of uninterrupted ITC chain on inter-State transactions. b) No upfront payment of tax or substantial blockage of funds for the inter-State seller or buyer. c) No refund claim in exporting State, as ITC is used up while paying the tax. d) Self monitoring model. e) Level of computerization is limited to inter-State dealers

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r the Government of India may adopt, to begin with, a similar approach towards exempted list under the CGST. The States are of the view that for CGST relating to goods, the Government of India may also have a two-rate structure, with conformity in the levels of rate under the SGST. For taxation of services, there may be a single rate for both CGST and SGST. The exact value of the SGST and CGST rates, including the rate for services, will be made known duly in course of appropriate legislative actions. 3.7 Zero Rating of Exports Exports would be zero-rated. Similar benefits may be given to Special Economic Zones (SEZs). However, such benefits will only be allowed to the processing zones of the SEZs. No benefit to the sales from an SEZ to Domestic Tariff Area (DTA) will be allowed. 3.8 GST on Imports: The GST will be levied on imports with necessary Constitutional Amendments. Both CGST and SGST will be levied on import of goods and services into the country. The incidence of tax will fol

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-State transactions, the major responsibilities of IT infrastructural requirement will be shared by the Central Government through the use of its own IT infrastructure facility. The issues of tying up the State Infrastructure facilities with the Central facilities as well as further improvement of the States' own IT infrastructure, including TINXSYS, is now to be addressed expeditiously and in a time bound manner. 3.11 Constitutional Amendments, Legislations and Rules for administration of CGST and SGST It is essential to have Constitutional Amendments for empowering the States for levy of service tax, GST on imports and consequential issues as well as corresponding Central and State legislations with associated rules and procedures. With these specific tasks in view, a Joint Working Group has recently been constituted (September 30, 2009) comprising of the officials of the Central and State Governments to prepare, in a time bound manner a draft legislation for Constitutional Amend

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during implementation of GST Despite the sincere attempts being made by the Empowered Committee on the determination of GST rate structure, revenue neutral rates, it is difficult to estimate accurately as to how much the States will gain from service taxes and how much they will lose on account of removal of cascading effect, payment of input tax credit and phasing out of CST. In view of this, it would be essential to provide adequately for compensation for loss that might emerge during the process of implementation of GST for the next five years. This issue may be comprehensively taken care of in the recommendations of the Thirteenth Finance Commission. The payment of this compensation will need to be ensured in terms of special grants to be released to the States duly in every month on the basis of neutrally monitored mechanism. 3.15 With the release of this First Discussion Paper and the Annexure on Frequently Asked Questions and Answers on GST, interaction with the representatives

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ding effect by giving set-off for tax paid on inputs as well as tax paid on previous purchases and has again been an improvement over the previous sales tax regime. But both the CENVAT and the State VAT have certain incompleteness. The incompleteness in CENVAT is that it has yet not been extended to include chain of value addition in the distributive trade below the stage of production. It has also not included several Central taxes, such as Additional Excise Duties, Additional Customs Duty, Surcharges etc. in the overall framework of CENVAT, and thus kept the benefits of comprehensive input tax and service tax set-off out of the reach of manufacturers/ dealers. The introduction of GST will not only include comprehensively more indirect Central taxes and integrate goods and services taxes for set-off relief, but also capture certain value addition in the distributive trade. Similarly, in the present State-level VAT scheme, CENVAT load on the goods has not yet been removed and the casca

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ral and State taxes will get subsumed into GST which will reduce the multiplicity of taxes, and thus bring down the compliance cost. With GST, the burden of CST will also be phased out. Thus GST is not simply VAT plus service tax, but a major improvement over the previous system of VAT and disjointed services tax – a justified step forward. Question 2. What is GST? How does it work ? Answer : As already mentioned in answer to Question 1, GST is a tax on goods and services with comprehensive and continuous chain of set-off benefits from the producer's point and service provider's point upto the retailer's level. It is essentially a tax only on value addition at each stage, and a supplier at each stage is permitted to set-off, through a tax credit mechanism, the GST paid on the purchase of goods and services as available for set-off on the GST to be paid on the supply of goods and services. The final consumer will thus bear only the GST charged by the last dealer in the suppl

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5 from his gross GST of ₹ 16 paid to wholeseller. Thus, the manufacturer, wholeseller and retailer have to pay only ₹ 6 (= ₹ 3+Rs. 2+Re. 1) as GST on the value addition along the entire value chain from the producer to the retailer, after setting-off GST paid at the earlier stages. The overall burden of GST on the goods is thus much less. This is shown in the table below. The same illustration will hold in the case of final service provider as well. Table Stage of supply chain Purchase value of Input Value addition Value at which supply of goods and services made to next stage Rate of GST GST on output Input Tax credit Net GST= GST on output – Input tax credit Manufacturer 100 30 130 10% 13 10 13-10 = 3 Whole seller 130 20 150 10% 15 13 15-13 = 2 Retailer 150 10 160 10% 16 15 16-15 = 1 Question 3 : How can the burden of tax, in general, fall under GST ? Answer : As already mentioned in Answer to Question 1, the present forms of CENVAT and State VAT have remained incom

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ossibility of lowering of average tax burden. Question 4 : How will GST benefit industry, trade and agriculture ? Answer : As mentioned in Answer to Question 3, the GST will give more relief to industry, trade and agriculture through a more comprehensive and wider coverage of input tax set-off and service tax set-off, subsuming of several Central and State taxes in the GST and phasing out of CST. The transparent and complete chain of set-offs which will result in widening of tax base and better tax compliance may also lead to lowering of tax burden on an average dealer in industry, trade and agriculture. Question 5 : How will GST benefit the exporters? Answer : The subsuming of major Central and State taxes in GST, complete and comprehensive set­off of input goods and services and phasing out of Central Sales Tax (CST) would reduce the cost of locally manufactured goods and services. This will increase the competitiveness of Indian goods and services in the international market and

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small traders and small scale industries and to avoid dual control, the States considered that the threshold for Central GST for goods may be kept at ₹ 1.5 crore and the threshold for services should also be appropriately high. This raising of threshold will protect the interest of small traders. A Composition scheme for small traders and businesses has also been envisaged under GST as will be detailed in Answer to Question 14. Both these features of GST will adequately protect the interests of small traders and small scale industries. Question 7 : How will GST benefit the common consumers? Answer : As already mentioned in Answer to Question 3, with the introduction of GST, all the cascading effects of CENVAT and service tax will be more comprehensively removed with a continuous chain of set-off from the producer's point to the retailer's point than what was possible under the prevailing CENVAT and VAT regime. Certain major Central and State taxes will also be subsumed in

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xcept the exempted goods and services, goods which are outside the purview of GST and the transactions which are below the prescribed threshold limits. (iii) The Central GST and State GST are to be paid to the accounts of the Centre and the States separately. (iv) Since the Central GST and State GST are to be treated separately, in general, taxes paid against the Central GST shall be allowed to be taken as input tax credit (ITC) for the Central GST and could be utilized only against the payment of Central GST. The same principle will be applicable for the State GST. (v) Cross utilisation of ITC between the Central GST and the State GST would, in general, not be allowed. (vi) To the extent feasible, uniform procedure for collection of both Central GST and State GST would be prescribed in the respective legislation for Central GST and State GST. (vii) The administration of the Central GST would be with the Centre and for State GST with the States. (viii) The taxpayer would need to submit

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rs prescribed in the Constitution for which they need to raise resources. A dual GST will, therefore, be in keeping with the Constitutional requirement of fiscal federalism. Question 10 : How would a particular transaction of goods and services be taxed simultaneously under Central GST (CGST) and State GST (SGST)? Answer : The Central GST and the State GST would be levied simultaneously on every transaction of supply of goods and services except the exempted goods and services, goods which are outside the purview of GST and the transactions which are below the prescribed threshold limits. Further, both would be levied on the same price or value unlike State VAT which is levied on the value of the goods inclusive of CENVAT. While the location of the supplier and the recipient within the country is immaterial for the purpose of CGST, SGST would be chargeable only when the supplier and the recipient are both located within the State. Illustration I : Suppose hypothetically that the rate o

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the rate of CGST is 10% and that of SGST is 10%. When an advertising company located in Mumbai supplies advertising services to a company manufacturing soap also located within the State of Maharashtra for, let us say ₹ 100, the ad company would charge CGST of ₹ 10 as well as SGST of ₹ 10 to the basic value of the service. He would be required to deposit the CGST component into a Central Government account while the SGST portion into the account of the concerned State Government. Of course, he need not again actually pay ₹ 20 (Rs. 10+Rs. 10) in cash as it would be entitled to set-off this liability against the CGST or SGST paid on his purchase (say, of inputs such as stationery, office equipment, services of an artist etc). But for paying CGST he would be allowed to use only the credit of CGST paid on its purchase while for SGST he can utilise the credit of SGST alone. In other words, CGST credit cannot, in general, be used for payment of SGST. Nor can SGST cred

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tempted. On application of the above principles, the Empowered Committee has recommended that the following Central Taxes should be, to begin with, subsumed under the Goods and Services Tax: (i) Central Excise Duty (ii) Additional Excise Duties (iii) The Excise Duty levied under the Medicinal and Toiletries Preparation Act (iv) Service Tax (v) Additional Customs Duty, commonly known as Countervailing Duty (CVD) (vi) Special Additional Duty of Customs – 4% (SAD) (vii) Surcharges, and (viii) Cesses. The following State taxes and levies would be, to begin with, subsumed under GST: (i) VAT / Sales tax (ii) Entertainment tax (unless it is levied by the local bodies). (iii) Luxury tax (iv) Taxes on lottery, betting and gambling. (v) State Cesses and Surcharges in so far as they relate to supply of goods and services. (vi) Entry tax not in lieu of Octroi. Purchase tax: Some of the States felt that they are getting substantial revenue from Purchase Tax and, therefore, it should not be subsumed

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ts: As far as petroleum products are concerned, it was decided that the basket of petroleum products, i.e. crude, motor spirit (including ATF) and HSD would be kept outside GST as is the prevailing practice in India. Sales Tax could continue to be levied by the States on these products with prevailing floor rate. Similarly, Centre could also continue its levies. A final view whether Natural Gas should be kept outside the GST will be taken after further deliberations. Taxation of Services : As indicated earlier, both the Centre and the States will have concurrent power to levy tax on goods and services. In the case of States, the principle for taxation of intra-State and inter­State has already been formulated by the Working Group of Principal Secretaries /Secretaries of Finance / Taxation and Commissioners of Trade Taxes with senior representatives of Department of Revenue, Government of India. For inter-State transactions an innovative model of Integrated GST will be adopted by ap

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ay be a single rate for both CGST and SGST. The exact value of the SGST and CGST rates, including the rate for services, will be made known duly in course of appropriate legislative actions. Question 13: What is the concept of providing threshold exemption for GST? Answer : Threshold exemption is built into a tax regime to keep small traders out of tax net. This has three-fold objectives: a) It is difficult to administer small traders and cost of administering of such traders is very high in comparison to the tax paid by them. b) The compliance cost and compliance effort would be saved for such small traders. c) Small traders get relative advantage over large enterprises on account of lower tax incidence. The present thresholds prescribed in different State VAT Acts below which VAT is not applicable varies from State to State. A uniform State GST threshold across States is desirable and, therefore, as already mentioned in Answer to Question 6, it has been considered that a threshold of

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s annual turnover. In particular there will be a compounding cut-off at ₹ 50 lakhs of the gross annual turnover and the floor rate of 0.5% across the States. The scheme would allow option for GST registration for dealers with turnover below the compounding cut-off. Question 15 : How will imports be taxed under GST ? Answer : With Constitutional Amendments, both CGST and SGST will be levied on import of goods and services into the country. The incidence of tax will follow the destination principle and the tax revenue in case of SGST will accrue to the State where the imported goods and services are consumed. Full and complete set-off will be available on the GST paid on import on goods and services. Question 16 : Will cross utilization of credits between goods and services be allowed under GST regime? Answer : Cross utilization of credit of CGST between goods and services would be allowed. Similarly, the facility of cross utilization of credit will be available in case of SGST. Ho

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ting State the credit of IGST used in payment of SGST. The relevant information is also submitted to the Central Agency which will act as a clearing house mechanism, verify the claims and inform the respective governments to transfer the funds. The major advantages of IGST Model are: a) Maintenance of uninterrupted ITC chain on inter-State transactions. b) No upfront payment of tax or substantial blockage of funds for the inter-State seller or buyer. c) No refund claim in exporting State, as ITC is used up while paying the tax. d) Self monitoring model. e) Level of computerisation is limited to inter-State dealers and Central and State Governments should be able to computerise their processes expeditiously. f) As all inter-State dealers will be e-registered and correspondence with them will be by e-mail, the compliance level will improve substantially. g) Model can take 'Business to Business' as well as 'Business to Consumer' transactions into account. Question 18 : Why

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Frequently Asked Questions and Answers on GST [FAQ on GST]

Dated:- 10-11-2009 – Frequently Asked Questions and Answers on GST Question 1 : What is the justification of GST ? Answer : There was a burden of tax on tax in the pre-existing Central excise duty of the Government of India and sales tax system of the State Governments. The introduction of Central VAT (CENVAT) has removed the cascading burden of tax on tax to a good extent by providing a mechanism of set off for tax paid on inputs and services upto the stage of production, and has been an improvement over the pre-existing Central excise duty. Similarly, the introduction of VAT in the States has removed the cascading effect by giving set-off for tax paid on inputs as well as tax paid on previous purchases and has again been an improvement over the previous sales tax regime. But both the CENVAT and the State VAT have certain incompleteness. The incompleteness in CENVAT is that it has yet not been extended to include chain of value addition in the distributive trade below the stage of pr

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the burden of Central Sales Tax (CST) on inter-State movement of goods has been lessened with reduction of CST rate from 4% to 2%, this burden has also not been fully phased out. With the introduction of GST at the State level, the additional burden of CENVAT and services tax would be comprehensively removed, and a continuous chain of set-off from the original producer's point and service provider's point upto the retailer's level would be established which would eliminate the burden of all cascading effects, including the burden of CENVAT and service tax. This is the essence of GST. Also, major Central and State taxes will get subsumed into GST which will reduce the multiplicity of taxes, and thus bring down the compliance cost. With GST, the burden of CST will also be phased out. Thus GST is not simply VAT plus service tax, but a major improvement over the previous system of VAT and disjointed services tax – a justified step forward. Question 2. What is GST? How does it

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manufacturing process. The manufacturer will then pay net GST of ₹ 3 after setting-off ₹ 10 as GST paid on his inputs (i.e. Input Tax Credit) from gross GST of ₹ 13. The manufacturer sells the goods to the wholeseller. When the wholeseller sells the same goods after making value addition of (say), ₹ 20, he pays net GST of only ₹ 2, after setting-off of Input Tax Credit of ₹ 13 from the gross GST of ₹ 15 to the manufacturer. Similarly, when a retailer sells the same goods after a value addition of (say) ₹ 10, he pays net GST of only Re.1, after setting-off ₹ 15 from his gross GST of ₹ 16 paid to wholeseller. Thus, the manufacturer, wholeseller and retailer have to pay only ₹ 6 (= ₹ 3+Rs. 2+Re. 1) as GST on the value addition along the entire value chain from the producer to the retailer, after setting-off GST paid at the earlier stages. The overall burden of GST on the goods is thus much less. This is shown in the

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plete in removing fully the cascading burden of taxes already paid at earlier stages. Besides, there are several other taxes, which both the Central Government and the State Government levy on production, manufacture and distributive trade, where no set-off is available in the form of input tax credit. These taxes add to the cost of goods and services through tax on tax which the final consumer has to bear. Since, with the introduction of GST, all the cascading effects of CENVAT and service tax would be removed with a continuous chain of set-off from the producer's point to the retailer's point, other major Central and State taxes would be subsumed in GST and CST will also be phased out, the final net burden of tax on goods, under GST would, in general, fall. Since there would be a transparent and complete chain of set-offs, this will help widening the coverage of tax base and improve tax compliance. This may lead to higher generation of revenues which may in turn lead to the p

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give boost to Indian exports. The uniformity in tax rates and procedures across the country will also go a long way in reducing the compliance cost. Question 6 : How will GST benefit the small entrepreneurs and small traders? Answer : The present threshold prescribed in different State VAT Acts below which VAT is not applicable varies from State to State. The existing threshold of goods under State VAT is ₹ 5 lakhs for a majority of bigger States and a lower threshold for North Eastern States and Special Category States. A uniform State GST threshold across States is desirable and, therefore, the Empowered Committee has recommended that a threshold of gross annual turnover of ₹ 10 lakh both for goods and services for all the States and Union Territories may be adopted with adequate compensation for the States (particularly, the States in North-Eastern Region and Special Category States) where lower threshold had prevailed in the VAT regime. Keeping in view the interest of

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GST and CST will be phased out. Other things remaining the same, the burden of tax on goods would, in general, fall under GST and that would benefit the consumers. Question 8 : What are the salient features of the proposed GST model? Answer : The salient features of the proposed model are as follows: (i) Consistent with the federal structure of the country, the GST will have two components: one levied by the Centre (hereinafter referred to as Central GST), and the other levied by the States (hereinafter referred to as State GST). This dual GST model would be implemented through multiple statutes (one for CGST and SGST statute for every State). However, the basic features of law such as chargeability, definition of taxable event and taxable person, measure of levy including valuation provisions, basis of classification etc. would be uniform across these statutes as far as practicable. (ii) The Central GST and the State GST would be applicable to all transactions of goods and services e

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periodical returns to both the Central GST authority and to the concerned State GST authorities. (ix) Each taxpayer would be allotted a PAN-linked taxpayer identification number with a total of 13/15 digits. This would bring the GST PAN-linked system in line with the prevailing PAN-based system for Income tax facilitating data exchange and taxpayer compliance. The exact design would be worked out in consultation with the Income-Tax Department. (x) Keeping in mind the need of tax payers convenience, functions such as assessment, enforcement, scrutiny and audit would be undertaken by the authority which is collecting the tax, with information sharing between the Centre and the States. Question 9 : Why is Dual GST required ? Answer : India is a federal country where both the Centre and the States have been assigned the powers to levy and collect taxes through appropriate legislation. Both the levels of Government have distinct responsibilities to perform according to the division of powe

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f CGST is 10% and that of SGST is 10%. When a wholesale dealer of steel in Uttar Pradesh supplies steel bars and rods to a construction company which is also located within the same State for , say ₹ 100, the dealer would charge CGST of ₹ 10 and SGST of ₹ 10 in addition to the basic price of the goods. He would be required to deposit the CGST component into a Central Government account while the SGST portion into the account of the concerned State Government. Of course, he need not actually pay ₹ 20 (Rs. 10 + ₹ 10 ) in cash as he would be entitled to set-off this liability against the CGST or SGST paid on his purchases (say, inputs). But for paying CGST he would be allowed to use only the credit of CGST paid on his purchases while for SGST he can utilize the credit of SGST alone. In other words, CGST credit cannot, in general, be used for payment of SGST. Nor can SGST credit be used for payment of CGST. Illustration II: Suppose, again hypothetically, that

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it be used for payment of CGST. Question 11 : Which Central and State taxes are proposed to be subsumed under GST ? Answer : The various Central, State and Local levies were examined to identify their possibility of being subsumed under GST. While identifying, the following principles were kept in mind: (i) Taxes or levies to be subsumed should be primarily in the nature of indirect taxes, either on the supply of goods or on the supply of services. (ii) Taxes or levies to be subsumed should be part of the transaction chain which commences with import/ manufacture/ production of goods or provision of services at one end and the consumption of goods and services at the other. (iii) The subsumation should result in free flow of tax credit in intra and inter-State levels. (iv) The taxes, levies and fees that are not specifically related to supply of goods & services should not be subsumed under GST. (v) Revenue fairness for both the Union and the States individually would need to be at

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under GST while majority of the States were of the view that no such exemptions should be given. The difficulties of the foodgrain producing States was appreciated as substantial revenue is being earned by them from Purchase Tax and it was, therefore, felt that in case Purchase Tax has to be subsumed then adequate and continuing compensation has to be provided to such States. This issue is being discussed in consultation with the Government of India. Tax on items containing Alcohol: Alcoholic beverages would be kept out of the purview of GST. Sales Tax/VAT could be continued to be levied on alcoholic beverages as per the existing practice. In case it has been made Vatable by some States, there is no objection to that. Excise Duty, which is presently levied by the States may not also be affected. Tax on Tobacco products: Tobacco products would be subjected to GST with ITC. Centre may be allowed to levy excise duty on tobacco products over and above GST with ITC. Tax on Petroleum Produc

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propriately aligning and integrating CGST and IGST. Question 12 : What is the rate structure proposed under GST ? Answer : The Empowered Committee has decided to adopt a two-rate structure -a lower rate for necessary items and items of basic importance and a standard rate for goods in general. There will also be a special rate for precious metals and a list of exempted items. For upholding of special needs of each State as well as a balanced approach to federal flexibility, it is being discussed whether the exempted list under VAT regime including Goods of Local Importance may be retained in the exempted list under State GST in the initial years. It is also being discussed whether the Government of India may adopt, to begin with, a similar approach towards exempted list under the CGST. For CGST relating to goods, the States considered that the Government of India might also have a two-rate structure, with conformity in the levels of rate with the SGST. For taxation of services, there m

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gross annual turnover of ₹ 10 lakh both for goods and services for all the States and Union Territories might be adopted with adequate compensation for the States (particularly, the States in North-Eastern Region and Special Category States) where lower threshold had prevailed in the VAT regime. Keeping in view the interest of small traders and small scale industries and to avoid dual control, the States also considered that the threshold for Central GST for goods may be kept ₹ 1.5 Crore and the threshold for services should also be appropriately high. Question 14 : What is the scope of composition and compounding scheme under GST? Answer : As already mentioned in Answer to Question 6, a Composition/Compounding Scheme will be an important feature of GST to protect the interests of small traders and small scale industries. The Composition/Compounding scheme for the purpose of GST should have an upper ceiling on gross annual turnover and a floor tax rate with respect to gros

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wever, the cross utilization of CGST and SGST would generally not be allowed except in the case of inter-State supply of goods and services under the IGST model which is explained in answer to the next question. Question 17 : How will be Inter-State Transactions of Goods and Services be taxed under GST in terms of IGST method ? Answer : The Empowered Committee has accepted the recommendation for adoption of IGST model for taxation of inter-State transaction of Goods and Services. The scope of IGST Model is that Centre would levy IGST which would be CGST plus SGST on all inter-State transactions of taxable goods and services. The inter-State seller will pay IGST on value addition after adjusting available credit of IGST, CGST, and SGST on his purchases. The Exporting State will transfer to the Centre the credit of SGST used in payment of IGST. The Importing dealer will claim credit of IGST while discharging his output tax liability in his own State. The Centre will transfer to the impor

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does introduction of GST require a Constitutional Amendment? Answer : The Constitution provides for delineation of power to tax between the Centre and States. While the Centre is empowered to tax services and goods upto the production stage, the States have the power to tax sale of goods. The States do not have the powers to levy a tax on supply of services while the Centre does not have power to levy tax on the sale of goods. Thus, the Constitution does not vest express power either in the Central or State Government to levy a tax on the 'supply of goods and services'. Moreover, the Constitution also does not empower the States to impose tax on imports. Therefore, it is essential to have Constitutional Amendments for empowering the Centre to levy tax on sale of goods and States for levy of service tax and tax on imports and other consequential issues. As part of the exercise on Constitutional Amendment, there would be a special attention to the formulation of a mechanism for

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FM’s speech at meeting of Empowered Committee of State Finance Ministers on GST

FM’s speech at meeting of Empowered Committee of State Finance Ministers on GST – Dated:- 10-11-2009 – Following is the text of speech delivered by Finance Minister Shri Pranab Mukherjee at the meeting of the Empowered Committee of State Finance Minister here today: Dr. Asim Dasgupta, Chairman, Empowered Committee, Shri Sushil Modi, Deputy Chief Minister of Bihar, State Finance Ministers and friends! It gives me great pleasure to be here on this occasion when the Empowered Committee under the dynamic leadership of Dr. Asim Dasgupta is releasing its First Discussion Paper on the proposed Goods and Services Tax (GST). At the outset, let me whole-heartedly congratulate all of you for giving shape and form to an idea whose time, I believe, has truly come. We have indeed travelled a long way from the time the announcement was first made in 2006 by the then UPA Government to launch a comprehensive GST in the country by the 1st of April, 2010. At that stage, many of you were preoccupied with

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Centre and others by the States. Each of these taxes applies to a narrow base both in terms of the economic activity it covers e.g. manufacture, sale, entry, entertainment etc. and the range of goods and services it applies to. While the base for many of these taxes overlaps, each is an island in terms of flow of input credit. The output tax is allowed to be adjusted against tax already paid on inputs only in a few cases. Then, there is a variety of exemptions meant to serve multiple socio-economic objectives. As a consequence, high rates of tax are required to be imposed to generate a given amount of revenue. As tax collectors, we may draw comfort from the fact that we manage to generate the targeted revenues. But there are questions that beg an urgent response. First, are collections made in the most efficient manner and do they match the potential? Second, what is the hidden burden of taxes in the form of cascading and double taxation? Third, why is our tax structure so complex and

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mptions to a small list of essential items which impact the common man. To the extent possible, the exemption lists of the States and the Central Government are in alignment; (ii) The rates of tax of CGST and SGST taken together are moderate; (iii) The rates of tax of SGST and exemptions from SGST are uniform throughout the country so that a given set of goods and services invites the same tax treatment in every State; (iv) The input credit chain is seamless covering the entire value chain from manufacturing to retail without breaks regardless of whether goods or services are supplied within a State or across State boundaries; (v) As far as possible, every transaction in the tax net bears both CGST and SGST; (vi) The tax treatment of goods and services is similar; (vii) The Central and State levies are fully neutralized in the case of exports (out of India); and (viii) The procedures are simple and harmonized between the Centre and the States. I am confident that the model proposed in

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that insistence on strict adherence to mutually-agreed rates would impact the fiscal autonomy of States. To begin with, the canvas of fiscal policy is much wider than taxation and goals of public policy are as effectively met through the expenditure side of the budget. Even within the realm of taxation, the belief that the only degree of freedom available to us for enhancing revenues is by changing the rates of tax is a somewhat limited view. There is enormous scope for augmenting revenue collections by improving our tax collection machinery and the delivery of taxpayer services. There is ample evidence to show that lower taxes lead to better compliance and higher revenues. GST gives us an opportunity to bring together the machinery of the Centre and the States to jointly work for better enforcement. To improve the quality of our taxpayer services, we have to focus more closely on the benefits of working collaboratively with the taxpayer community to improve our outreach and assist the

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