How will imports be taxed under GST?

How will imports be taxed under GST?
Question 21
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 21. How will imports be taxed under GST?
Ans. Imports of Goods and Services will be treated as inter-state supplies and IGST 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 goo

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How will the goods and services be classified under GST regime?

How will the goods and services be classified under GST regime?
Question 20
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 20. How will the goods and services be classified under GST regime?
Ans. HSN (Harmonised System of Nomenclature) code shall be used for classifying the goods under the GST regime. Taxpayers whose turnover is above ₹ 1.5 crores but below ₹ 5 crores shall use 2 digit code and the taxpayers whos

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What are the benefits available to small tax payers under the GST regime?

What are the benefits available to small tax payers under the GST regime?
Question 19
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 19. What are the benefits available to small tax payers under the GST regime?
Ans. Tax payers with an aggregate turnover in a financial year up to [Rs.10 lakhs] would be exempt from tax. [Aggregate turnover shall include the aggregate value of all taxable and non-taxable supplies, exempt suppli

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Who is liable to pay GST under the proposed GST regime?

Who is liable to pay GST under the proposed GST regime?
Question 18
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 18. Who is liable to pay GST under the proposed GST regime?
Ans. Under the GST regime, tax is payable by the taxable person on the supply of goods and/or services. Liability to pay tax arises when the taxable person crosses the threshold exemption, i.e. ₹ 10 lakhs (Rs. 5 lakhs for NE States) except in cer

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How will decisions be taken by GST Council?

How will decisions be taken by GST Council?
Question 17
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 17. How will decisions be taken by GST Council?
Ans. The Constitution (one hundred and first amendment) Act, 2016 provides that every decision of the GST Council shall be taken at a meeting by a majority of not less than 3/4th of the weighted votes of the Members present and voting. The vote of the Central Government shall

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What is the guiding principle of GST Council?

What is the guiding principle of GST Council?
Question 16
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 16. What is the guiding principle of GST Council?
Ans. The mechanism of GST Council would ensure harmonization on different aspects of GST between the Centre and the States as well as among States. It has been provided in the Constitution (one hundred and first amendment) Act, 2016 that the GST Council, in its discharge o

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What would be the role of GST Council?

What would be the role of GST Council?
Question 15
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 15. What would be the role of GST Council?
Ans. A GST Council would be constituted comprising the Union Finance Minister (who will be the Chairman of the Council), the Minister of State (Revenue) and the State Finance/Taxation Ministers to make recommendations to the Union and the States on
(i) the taxes, cesses and surcharges levied by the Centre, the States and the local bodies which may be subsumed under GST;
(ii) the goods and services that may be subjected to or exempted from the GST;
(iii) the date on which the GST shall be levied on petroleum crude, high speed

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What is IGST?

What is IGST?
Question 13
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 13. What is IGST?
Ans. Under the GST regime, an Integrated GST (IGST) would be levied and collected by the Centre on inter-State supply of goods and services. Under Article 269A of the Constitution, the GST on supplies in the course of inter- State trade or commerce shall be levied and collected by the Government of India and such tax shall be apportion

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What are the benefits which the Country will accrue from GST?

What are the benefits which the Country will accrue from GST?
Question 12
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 12. What are the benefits which the Country will accrue from GST?
Ans. Introduction of GST would be a very significant step in the field of indirect tax reforms in India. By amalgamating a large number of Central and State taxes into a single tax and allowing set-off of prior-stage taxes, it would mitigate

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How a particular transaction of goods and services would be taxed simultaneously under Central GST (CGST) and State GST (SGST)?

How a particular transaction of goods and services would be taxed simultaneously under Central GST (CGST) and State GST (SGST)?
Question 11
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 11. How a particular transaction of goods and services would be taxed simultaneously under Central GST (CGST) and State GST (SGST)?
Ans. 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

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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 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 th

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Why was the Constitution of India amended recently in the context of GST?

Why was the Constitution of India amended recently in the context of GST?
Question 10
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 10. Why was the Constitution of India amended recently in the context of GST?
Currently, the fiscal powers between the Centre and the States are clearly demarcated in the Constitution with almost no overlap between the respective domains. The Centre has the powers to levy tax on the manufacture

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Why is Dual GST required?

Why is Dual GST required?
Question 8
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 8. Why is Dual GST required?
Ans. 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 powers prescribed in the Constitution for which they nee

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What type of GST is proposed to be implemented?

What type of GST is proposed to be implemented?
Question 7
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 7. What type of GST is proposed to be implemented?
Ans. It would be a dual GST with the Centre and States simultaneously levying it on a common tax base. The GST to be levied by the Centre on intra-State supply of goods and / or services would be called the Central GST (CGST) and that to be levied by the States would be

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What will be status of Tobacco and Tobacco products under the GST regime?

What will be status of Tobacco and Tobacco products under the GST regime?
Question 6A
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 6A. What will be status of Tobacco and Tobacco products under the GST regime?
Ans. Tobacco and tobacco products would be subject to GST. In addition, the Centre would have the power to levy Central Excise duty on these products.

Statute, statutory provisions legislation, law, enactment,

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What will be the status in respect of taxation of above commodities after introduction of GST?

What will be the status in respect of taxation of above commodities after introduction of GST?
Question 6
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 6. What will be the status in respect of taxation of above commodities after introduction of GST?
Ans. The existing taxation system (VAT & Central Excise) will continue in respect of the above commodities.

Statute, statutory provisions legislation, law, enactment, Act

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Which are the commodities proposed to be kept outside the purview of GST?

Which are the commodities proposed to be kept outside the purview of GST?
Question 5
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 5. Which are the commodities proposed to be kept outside the purview of GST?
Ans. Alcohol for human consumption, Petroleum Products viz. petroleum crude, motor spirit (petrol), high speed diesel, natural gas and aviation turbine fuel& Electricity.

Statute, statutory provisions legislation

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What principles were adopted for subsuming the above taxes under GST?

What principles were adopted for subsuming the above taxes under GST?
Question 4
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 4. What principles were adopted for subsuming the above taxes under GST?
Ans. 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 shoul

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What exactly is the concept of destination based tax on consumption?

What exactly is the concept of destination based tax on consumption?
Question 2
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 2. What exactly is the concept of destination based tax on consumption?
Ans. The tax would accrue to the taxing authority which has jurisdiction over the place of consumption which is also termed as place of supply.

Statute, statutory provisions legislation, law, enactment, Acts, Rules, Regula

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Which of the existing taxes are proposed to be subsumed under GST?

Which of the existing taxes are proposed to be subsumed under GST?
Question 3
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 3. Which of the existing taxes are proposed to be subsumed under GST?
Ans. The GST would replace the following taxes:
(i) taxes currently levied and collected by the Centre:
a. Central Excise duty
b. Duties of Excise (Medicinal and Toilet Preparations)
c. Additional Duties of Excise (Goods of Sp

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What is Goods and Service Tax (GST)?

What is Goods and Service Tax (GST)?
Question 1
Bill
Overview of Goods and Services Tax (GST)
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 1. What is Goods and Service Tax (GST)?
Ans. It is a destination based tax on consumption of goods and services. It is proposed to be levied at all stages right from manufacture up to final consumption with credit of taxes paid at previous stages available as setoff. In a nutshell, only value addition will be taxed and burden of ta

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Foreword

Foreword

Bill
Foreword
FAQ on GST dated 21.9.2016 based on Draft Model GST
Foreword
With the 101st Constitution Amendment Act coming into force on 8th September, 2016 and notification of the GST Council on 15th September – the road to GST rollout is clear. Government is keen on introducing GST the biggest indirect tax reform, with effect from 01 April 2017. One of the biggest challenges is to train the indirect tax officials of both Centre and State, as well as the trade on the concepts, processes and procedures of GST.
National Academy of Customs, Excise & Narcotics (NACEN), the apex training institution for capacity building in indirect taxation under the Central Board of Excise and Customs, has been mandated to impart

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and interactive sessions, as a training tool for helping the officers as well as public, to get acquainted with the Model GST Law and its nuances. The FAQs have been prepared and reviewed by a team of officials from both Centre and States. I congratulate all the officers who worked in the preparation of this booklet, and NACEN for their efforts. I am sure that this FAQ compilation covering 24 topics with over 500 questions, will be an effective tool in disseminating knowledge on GST to Tax officials, Trade and Public. This is the first version based on the Model GST Law which has been released in the public domain. NACEN will bring out updated versions of the FAQ, as and when relevant statutes are enacted and rules are framed.
Najib Shah

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Pr. Commissioner, Hyderabad (Chap. 16) ; Shri Shashank Priya, ADG, DG GST, CBEC (Chap. 17 to 20); Shri G.D. Lohani, CCE, Faridabad (Chap. 21 & 22); and Shri Prakash Kumar, CEO, GSTN (Chap.23).
Comments and Suggestions on FAQ may please be sent to dg.nacen-cbec@nic.in
Disclaimer:
This FAQ on GST compiled by NACEN and vetted by the Source Trainers is based on the draft Model GST Law released in public domain in June, 2016. This FAQ is for training and academic purposes only.
The information in this booklet is intended only to provide a general overview and is not intended to be treated as legal advice or opinion. For greater details, you are requested to refer to the model GST law.

Statute, statutory provisions legislation, law, e

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GST- a way forward for logistic industry

GST- a way forward for logistic industry
By: – sandeep saini
Goods and Services Tax – GST
Dated:- 22-9-2016

Dear professional colleague,
GST- a way forward for logistic industry
India's globally infamous unending queue, uneasy checkmates at our border check posts, filing of waybills/entry permits, compliances under entry tax laws and local levies, are one of the prime reasons why transport costs hovered high for decades. But once the GST implemented , these challenges will become a thing of past, as GST will subsume most of Central taxes and State levies, eliminating the time wasting checkpoints and make diverse verticals across India more efficient through faster deliveries of goods and services. In other words, India a nation of multiple market today will transform into one common market backed by borderless, barrier-less systems permitting free movement of goods and services and therefore GST will facilitate “Make in India by making one India”.
As per the estimate

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travel time and it is estimated that eliminating check point delays could keep trucks moving almost 6 hours more per day, which will results in additional movement of 164 kms per day.
Due to above bottlenecks, logistics costs are higher than the wage bill or the cost of power and 3-4 times the international benchmark. The removal of bottlenecks becomes more important for India, as the share of roads in freight traffic is about 72 per cent, which is much higher in comparision to other countries and rising over time because of under investment in railways, therefore inter-state trade costs to be reduced significantly, due to excessive reliance on roads for movement of goods.
According to world bank estimate about 20-30 per cent of inter-state trade cost is due to taxes. So, after imlementation of GST, these costs are expected to come down, which will boost inter-state trade and hence productivity growth within India.
The Impact of GST on Logistic Industry
* The GST will enables the

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will also ready to extend loan. So, experts feel the contractual business could increase upto 50 per cent, after implementation of GST.
* The companies and logistic firms will be in a position to use fewer but bigger trucks to transport their consignments, further reducing pollution and curbing traffic congestion.And many companies would prefer to outsource logistic operations, as lower costs make this viable.
Steps that logistic service providers need to undertake
* Develop a stong team to manage sophisticated technology enabled fufilment centre.
* Indentify focus Industries that need to revisit their supply chain and their immediate needs post GST implementation.
* Enhance technology capabilities and processes to adhere to new input tax credit system.
* Reconfigure current fleet size and type, to align to emerging needs.
Issues need to be addressed under GST
* Entry tax is subsumed under GST via deleting the Entry 52 from State list given in Article 246 of constitution

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oblems of logistic industry viz. Infrastructure of railways, road, ports etc., so that a virtual campaign named “Move in India” would be implemented besides “Make in India”.
Reply By Ganeshan Kalyani as =
nice article.
i would like to reproduce the extract of Model GST law for discussion,
60. Power of inspection, search and seizure
(1) Where the CGST/SGST officer, not below the rank of Joint Commissioner, has reasons to believe that –
(a) a taxable person has suppressed any transaction relating to supply of goods and/or services or the stock of goods in hand, or has claimed input tax credit in excess of his entitlement under the Act or has indulged in contravention of any of the provisions of this Act or rules made thereunder to evade tax under this Act; or
(b) any person engaged in the business of transporting goods or an owner or operator of a warehouse or a godown or any other place is keeping goods which have escaped payment of tax or has kept his accounts or goods in such

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No Excise Duty w.e.f. 16.09.2016 – Aye or Nope- (Validating Constitutional backing of Central Excise and Service Tax)

No Excise Duty w.e.f. 16.09.2016 – Aye or Nope- (Validating Constitutional backing of Central Excise and Service Tax)
By: – Ranjan Mehta
Goods and Services Tax – GST
Dated:- 22-9-2016

Prelude:-
Model GST law is in public domain since June 2016, President has given his assent to 101st Constitution Amendment Act, 2016 giving Central and State Govts power to levy GST on 08th September, 2016. However, till then there was nobody talking about the Excise Duty and its existence. GST has not yet been rolled out. Even the law is under preparation as yet. Then suddenly on 16.09.2016 what happened that everybody seems to be talking about it. Revenue secretary Mr. Hasmukh Adhia is tweeting one after another. So the big question as of now is that what happened which lead to such controversy and why everybody is discussing the very constitutional validity of Excise and Service Tax. The answer lies with the notification dated 16th September, 2016 which notified the 19 sections of the

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ise on tobacco and other goods manufactured or produced in India except………”
With powers of this entry the Central Government was allowed to levy excise on all the goods manufactured or produced in India.
Now the new entry substituted by Constitution (One Hundred and First Amendment) Act, 2016 is as follows:-
"84. Duties of excise on the following goods manufactured or produced in India, namely:-
(a) petroleum crude;
(b) high speed diesel;
(c) motor spirit (commonly known as petrol);
(d) natural gas;
(e) aviation turbine fuel; and
(f) tobacco and tobacco products.";
This new entry substituted in place of earlier one which entitles Central Govt to levy Excise on these 6 items only. There is no entry in the Central list, which directly enable the Central Govt to levy duty of excise on goods other than the 6 mentioned above.
Govt. response to the Controversy
Ending days of confusion, the government has clarified that the notification of the p

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repealed by a competent legislature or other competent authority or until expiration of one year from such commencement, whichever is earlier."
Is Govt response correct ?
Govt response keeping section 19 in the forefront of all the controversy is challengeable. This section 19 talks about laws in force in any state. Not in the whole India. Thus there is a view that this provision does not cover central levies.
However the second leg of this section comes to save the Govt view once again, which says that earlier provisions shall continue to be in force until amended or repealed by a competent legislature or other competent authority. Thus this means that the laws amended by this Act shall not be amended so until such laws are repealed or one year elapses since the commencement of this act i.e. w.e.f. 15.09.2017 they shall automatically be repealed if not done so specifically.
Further, there is another entry No. 97 to the Union List, which is a residuary entry in that list
“97

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acking, which till then was governed by entry no. 97 only(residuary entry in Union List).
With this entry Govt also introduced one article no. 268A by the said act of 2003 to give central Govt absolute power to levy service tax which read as follows:-
268A 1) Taxes on services shall be levied by the Government of India and such tax shall be collected and appropriated by the Government of India and the States in the manner provided in clause (2).
(2) The proceeds in any financial year of any such tax levied in accordance with the provisions of clause (1) shall be-
(a) collected by the Government of India and the States;
(b) appropriated by the Government of India andthe States, in accordance with such principles of collection and appropriation as may be formulated by Parliament by law.
This article 268A is also deleted by sec 7 of Constitution (101st) Amendment Act, 2016.
The website of the CBEC also displays the above 2 provisions to establish the constitutional validity of serv

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