Goods and Service Tax – GST – By: – CA. Chitresh Gupta – Dated:- 29-7-2015 Last Replied Date:- 30-12-1899 – One of the crucial issue for successful implementation of GST relates to the determination of the GST rate. Since the GST is primarily intended as an exercise in reforming the consumption tax in India and not an exercise for additional resource mobilisation through discretionary changes, the CGST and SGST rates should be such rates which would yield the same revenue as collected from the various taxes which will be subsumed in the CGST and SGST (hereafter such rates shall be referred to as 'revenue neutral rates' or 'RNR'). The RNR for the CGST and the SGST is determined in accordance with the formula- RNR = R X 100 B Where; RNR : Revenue Neutral Rate for the Centre or the States as the case may be; R : Collection from the Central or State taxes, as the case may be, which are proposed to be subsumed in the CGST and SGST; B: Estimated Tax base of the GST [A] WHAT
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the government is not able to arrive at consensus for the threshold. Currently, under Excise it is ₹ 1.50 Crores, under Service Tax it is ₹ 10 lacs and under various Vat Act, it ranges from ₹ 5 lacs to ₹ 20 lacs. Thus unless the government has clarified the above, the exact tax base which will be liable to GST can t be estimated. Consequently, determination of GST rate will be herculean task. [B] WHAT WILL BE RATE STRUCTURE UNDER GST? As per the First Discussion Paper released by The Empowered Committee, it has been 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
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nt. However, in order to provide for an alternate buoyant source of revenue to the third-tier of Government. The rate of CGST and SGST on all non-SIN goods is recommended by Task Force at the single rate of 5 percent and 7 percent, respectively. For SIN goods comprising of emission fuels, tobacco products and alcohol, both the Central government and the State government may continue to levy taxes as at present, in addition to CGST and SGST. The empowered committee of state finance ministers has virtually trashed the Thirteenth Finance Commission task force s Goods and Services Tax (GST) report. They question the methodology applied by the committee to arrive at the 12 per cent revenue neutral rate. The states have expressed reservations on the methodology and the approach of the taskforce. It (the rate suggested by the taskforce) does not tally with the estimates made by the government, the National Institute of Public Finance and Policy, and the states. We will like them to review the
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sal in rates across various States compromises the objectives of a single common market significantly. The matter becomes even more complex if such variation in rates is permitted in the case of services. Services, being intangible, are difficult to be related to geographical locations and pose significant challenges in deciding the precise place where they are liable to be taxed. If the autonomy is permitted only in respect of goods, (and not services), it leads to different problems of distinguishing between goods and services, which is not easy in a modern economy where such distinctions are withering away fast. Moreover, variations in rates across States lead to arbitrage opportunities, resulting in evasion and distortion in production and supply chain. Thus the benefits of keeping harmonized structure far outweigh the desire to provide unrestricted autonomy. On floor rates, Dr. Parthasarathi Shome, Director & Chief Executive, Indian Council & Research on International Econ
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goods, not exceeding one percent in the course of inter-State trade or commerce. This additional tax will be collected by the Government of India for a period of two years, and assigned to the States from where the supply originates. Recently, the Select Committee of Rajya Sabha known to be suggesting that this additional @ 1% tax on inter-state supply of goods should be confined to inter-state movement of goods for consideration only. Sub Penal of Empowered Committee Recommended the revenue neutral rate 27% (SGST 13.91% and CGST 12.77%). This has been referred to the National Institute for Public Finance and Policy (NIPFP), as these were on the revenue estimates of 2011-12. COMMENTS A Select Committee of Rajya Sabha (which is examining the GST Constitutional 122nd Amendment Bill 2014) has observed that Standard GST rate should be within 20%, while the lower one should not cross 14%. It also suggested that the proposed GST council may opt for a broad based and moderate rate as the high
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