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GOODS AND SERVICE TAX (GST) R V K S And Associates, Chartered Accountants

Goods and Service Tax (GST) in India

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Page 1: Goods and Service Tax (GST) in India

GOODS AND SERVICE TAX (GST)

R V K S And Associates, Chartered Accountants

Page 2: Goods and Service Tax (GST) in India

Opportunities to CS under GST The indirect tax law in India is in its last leg of maturity

It’s a big major change in principle and no further change is anticipated

All professionals on a common platform – almost

Not all professionals deal with all areas covered under GST

Everyone is learning or unlearning

Past legal pronouncements are immaterial – save ratios

Page 3: Goods and Service Tax (GST) in India

Opportunities to CS under GST Less complicated law; more importance on procedures

Compliance vis-à-vis Litigation practice

Only model law is released. Preparatory time is available now

Technology to learn and update

Page 4: Goods and Service Tax (GST) in India

Need for GST A complete destination based tax system

Benefit principle of taxation – 2 ideas – Beneficiary pays & Proportionately pays’

A single tax to replace multiple indirect taxes levied both at the Centre and State level.

Cascading effect of tax as set-off of prior-stage taxes was not available.

Tax burden on goods and services had to be reduced benefiting common man.

To make our products competitive in domestic and international markets.

To boost economic activity and create more jobs.

Page 5: Goods and Service Tax (GST) in India

Constitutional Amendment Article 246 draws a line of restriction on Centre and

States due to which State cannot levy tax on Services and center on sale of goods.

The Constitution (122nd) Amendment Bill was passed in this effect wherein Article 246A is inserted to provide for levy of GST

Article 269A is inserted for levy of GST on inter-State supply of goods and services by the Centre and for creation of GST Council

Compensation to the States for loss of revenue arising on account of implementation of the GST for a period extending upto 5 years

Additional tax of 1% on supply of goods for the originating state in case of inter state transaction is dropped

Page 6: Goods and Service Tax (GST) in India

Way Ahead…

Whether GST is a Money Bill or a Finance Bill…???

Passing of CAB by 15

states

President Assent to

CAB

Formation of GST Council

within 60 days

Passing of GST Act

and IGST Act by CG

Passing of SGST Act

by SG

Developing of GSTN

GST Roll out 1.4.17

Page 7: Goods and Service Tax (GST) in India

GST Council President to constitute GST council with 60 days

It is constitutional body GST Council would be constituted comprising the Union

Finance Minister, MoS (Revenue) and the State Finance/Taxation Ministers

Votes cast by states would two-third weightage whereas the centre would get a one-third weightage

Quorum of 50 percent and decisions will be taken with a at least three-fourth weighted majority voting for a resolution

Page 8: Goods and Service Tax (GST) in India

GST Council… cont’d Council to recommend on:

the taxes cesses and surcharges to be subsumed under GST

goods and services that may be subjected to or exempted from GST

date from which the specified petroleum products would be subject to GST

GST laws, principles of levy, apportionment of IGST and principles that govern the place of supply

threshold limit of turnover below which the goods and services may be exempted from GST

Modalities to resolve disputes arising out of its recommendation.

Page 9: Goods and Service Tax (GST) in India

Taxes To Be Levied In GST State Goods and Services Tax (SGST) – Levied by the State

Government for supply of goods or services within the state

Central Goods and Services Tax (CGST) – Levied by the Central Government for supply of goods or services within the state

Integrated Goods and Services Tax (IGST) - Supply of Goods, or of services, or both in the course of interstate trade or commerce.

Note: IGST will levied on supply of goods or of services in the course of Import into the territory of India.

Page 10: Goods and Service Tax (GST) in India

Taxes Subsumed in CGST

CGST

Central Excise and Additional

Duty

Central Sales Tax

Service TaxSAD

charged in lieu of VAT

CVD charged in

lieu of excise

Cess like SB Cess, KK Cess,

Infra Cess

Page 11: Goods and Service Tax (GST) in India

Taxes Subsumed in SGST

SGSTVAT

Entertainment Tax

Luxury Tax

Taxes on Lottery, Betting

Entry Tax

Cess and Surchar

ge

Page 12: Goods and Service Tax (GST) in India

Taxes Subsumed in IGST

IGST

CGST

SGST

Page 13: Goods and Service Tax (GST) in India

Taxes not subsumed in GST Stamp Duty Excise duty on alcohol and liquor Taxes on profession and trade Electricity duty Basic Custom duty Safeguard duty – levied on import of steel Octroi Taxes on Vehicles – Road Tax Entertainment tax levied by local bodies Tolls

Page 14: Goods and Service Tax (GST) in India

Products out of GST In the initial year five petroleum productsi. Dieselii. Petroliii. Natural gas iv. Crude petroleumv. Aviation turbine fuel

Alcoholic beverages (state excise would continue to apply)

Note: Tobacco products are subjected to GST with ITC. Centre will levy excise duty on tobacco products over and above GST with ITC.

Page 15: Goods and Service Tax (GST) in India
Page 16: Goods and Service Tax (GST) in India

Structure of the Model GST Law 25 Chapters

162 clauses

4 Schedules: Schedule I – Matters to be treated as supply without

consideration Schedule II – Matters to be treated as supply of goods or

services Schedule III - Liability to be registered Schedule IV - Activities of Govt. which are exempted

GST Valuation (Determination of Value of supply of goods and services) Rules, 2016

Page 17: Goods and Service Tax (GST) in India

Features of GST GST - applicable on the supply of goods or services.

GST - a destination based consumption tax.

There is a levy on value addition at each stage

Dual GST with the Centre and States simultaneously levying it on a common tax base.

GST levied by the Centre would be called Central GST (CGST) and that to be levied by States would be called State GST (SGST).

GST would apply to all supply barring a few to be specified.

Page 18: Goods and Service Tax (GST) in India

Features of GST The CGST and SGST would be levied at rates to be jointly

decided by the Centre and States.

The rates would be notified on the recommendations of the GST Council.

There would be a floor rate with a small band of rates within which the States may fix the rates for SGST.

The exemption list may be common for the Centre and the States.

In GST. tax payers shall be allowed to take credit of taxes paid and utilize the same for payment of output tax.

Page 19: Goods and Service Tax (GST) in India

Features of GST An Integrated GST (IGST) would be levied and collected by the

Centre on inter-State supply of goods and services.

Parliament will have exclusive power to make laws with respect to levy of IGST on inter-State trade or commerce.

SGST portion of IGST shall be transferred to the destination State where the goods or services are eventually consumed.

Exports shall be treated as zero-rated supply. No tax is payable on exports but ITC related to the supply shall be refunded to exporters.

No mechanism for upfront zero rating of supplies of goods and services required for authorized operations of SEZ / EOU / STP units

Page 20: Goods and Service Tax (GST) in India

Features of GST Other statue like SEZ Act, 2005 which are inconsistent will be

amended to bring in tune with GST

Import of goods/services would be subject to IGST in addition to basic customs duty.

Laws and procedures for levy and collection of CGST/SGST would be harmonized to the extent possible.

GST rate may vary between Center and State

Tax payers making inter-State supplies or paying tax on reverse charge basis shall not be eligible for threshold exemption or composition scheme

Page 21: Goods and Service Tax (GST) in India

Features of GST Unlike the State VAT, the date of commencement of this levy

would need to be synchronized across the Centre and the States. This is because the IGST model cannot function effectively unless the Centre and all the States participate simultaneously.

GST is payable under RCM for both goods and services

Tax Invoice V/s Bill of Supply

Tax amount should be compulsory shown in the tax Invoice. No inclusive of taxes

Page 22: Goods and Service Tax (GST) in India

Taxable Person – Section 9 Means a person who is registered or required to be

registered under Schedule III.

Liability to pay tax arises only when the taxable person crosses the exemption threshold

The Central / State Government and local authorities are also regarded as taxable person.

Persons who are not regarded as taxable persons under GST: an agriculturist an employee providing services to his employer person dealing with goods and/or services that are not liable

to tax under the Act person receiving services of value not exceeding Rs….. in a

year for personal use

Page 23: Goods and Service Tax (GST) in India

Registration Tax payers with an aggregate turnover in a financial year up to

[Rs.10 lakhs] would be exempt from tax.

For NE States and Sikkim, the threshold exemption shall be [Rs. 5 lakhs]

Aggregate turnover means the aggregate value of all taxable and non-taxable supplies, exempt supplies and exports of goods and/or services of a person having the same PAN

Aggregate turnover shall be computed on all India basis.

Aggregate turnover excludes taxes, if any, charged under the CGST Act, SGST Act and the IGST Act, as the case may be

Page 24: Goods and Service Tax (GST) in India

Registration Tax payers making inter-State supplies or paying tax on reverse

charge basis shall not be eligible for threshold exemption.

On the appointed day, every person registered under any of the earlier laws shall be issued a certificate of registration on a provisional basis

Time limit of 6 months from the appointed date to obtain the final registration

Schedule III of the Model GST Law prescribes that every supplier shall be liable to be registered in the State from where he makes a taxable supply of goods and/or services if his aggregate turnover in a financial year exceeds [Rs nine lakh]

Page 25: Goods and Service Tax (GST) in India

Registration Supplier shall not be liable to registration if his aggregate

turnover consists of exclusively of goods and/or services which are not liable to tax

Application for registration shall be made within 30 days from the date when he becomes liable for registration

Voluntarily registration is also permitted

Application for Registration will be online

Registration to be granted State-wise. A person having multiple business verticals in a State may obtain separate registration.

Registration shall be deemed to have been granted if no deficiency is communicated to the applicant within the prescribed period (3 days)

Page 26: Goods and Service Tax (GST) in India

Registration Cancellation of registration under CGST Act means a

cancellation of registration under SGST Act and vice-versa.

No Centralized Registration concept in GST

Liability to be registered irrespective of threshold Persons making inter-State taxable supply Persons required to pay tax under reverse charge Casual and non-resident taxable persons E-Commerce operator Persons who supply goods through e-commerce operator An aggregator who supplies services under his brand name Input Service Distributor (ISD) Persons required to deduct tax at source

Page 27: Goods and Service Tax (GST) in India

Composition Scheme Small taxpayers with an aggregate turnover up to [Rs. 50 lakhs]

in a FY shall be eligible for composition levy.

Under the scheme, a taxpayer shall pay tax as a percentage of his turnover during the year without the benefit of ITC.

The floor rate of tax for CGST and SGST shall not be less than [1%]

A tax payer opting for composition levy shall not collect any tax from his customers.

If opted, composition scheme will applicable for all branches/units

Tax payers making inter-State supplies or paying tax on reverse charge basis shall not be eligible for composition scheme.

Page 28: Goods and Service Tax (GST) in India

Exemption On the recommendation of the Council, the Central/State

Govt. may, by notification, exempt specified goods and/or services from payment of CGST/SGST.

Exemptions are of two types: General and Conditional

General exemptions are universal in nature and are issued in public interest.

Conditional exemptions are issued in public interest to deal with circumstances of an exceptional nature.

Page 29: Goods and Service Tax (GST) in India

Rate of tax in GST Revenue Neutral Rate (RNR) will be worked out

GST rate to be decided by GST Council Standard Rate - between 18% to 22%. Merit Rate – around 12% Special Rate – between 2% to 6% Demerit rate – upto 40% Composition Rate – CGST 2% & SGCST 2%

Page 30: Goods and Service Tax (GST) in India

Input Tax Credit Set Off Manner of utilization of credit:

ITC on account of CGST shall first be utilized towards payment of CGST; the amount remaining, if any shall be utilized towards payment of IGST

ITC on account of SGST shall first be utilized towards payment of SGST; the amount remaining, if any shall be utilized towards payment of IGST.

No ITC on account of CGST shall be utilized towards payment of SGST and vice versa.

ITC on account of IGST shall first be utilized towards payment of IGST; the amount remaining, if any shall be utilized towards payment of CGST and SGST, in that order.

Page 31: Goods and Service Tax (GST) in India

Input Tax Credit A taxable person may take the credit and utilize the same for

payment of output tax.

Unutilized credit can be carried forward or can be claimed as refund in certain situations.

Condition for availing of ITC by taxable person: he is in possession of a tax invoice he has received the goods and/or services the tax charged in respect of the supply has been paid to

Government he has furnished the return

ITC cannot be availed on invoices which are more than one year old.

ITC is available for business purposes and in respect of all taxable supplies.

Page 32: Goods and Service Tax (GST) in India

Input Tax Credit ITC is available on all goods other than goods and/or services in

the negative list.

Negative list comprises, inter alia, motor vehicles (except when they are used for certain

purposes) goods and services provided in relation to food and beverages,

outdoor catering, beauty treatment etc. Goods/services acquired by a principal in the execution of

works contract resulting in construction of immovable property

Full ITC shall be allowed on capital goods on its receipt

No credit on inputs/ input services used for private or personal consumption

Electronic duty Credit register available online will contain credit details

Page 33: Goods and Service Tax (GST) in India

Import of Goods and Services IGST will be levied on import of goods and services into the

country.

The incidence of tax will follow the destination principle (Place of supply rules).

Tax revenue in case of SGST portion of IGST will accrue to the State where the imported goods and services are consumed.

Full and complete set-off will be available on the IGST paid on import on goods and services.

Thus, import of goods will attract BCD and IGST. It may be noted that import of services, as against service tax at present, in GST regime, will attract IGST.

Page 34: Goods and Service Tax (GST) in India

Refund Only Two Types of refund in GST:

i. refund of tax on goods and/or services exported out of India or on inputs used in the goods and/or services which are exported out of India

ii. inverted duty structureiii. other instances like wrong payments, incentives, foreign

tourists, diplomats, assessments, etc

Refund can be claimed within 2 years from the relevant date.

Refund shall be granted within 90 days from the date of receipt of application.

Page 35: Goods and Service Tax (GST) in India

Refund In case of refund claim on account of exports, 80% of the claim

can be given immediately on a provisional basis.

Applicant shall produce documentary evidence that he has not passed on the incidence of tax on to any other person.

No need to furnish such evidence if the refund claim is less than Rs. 5 lakhs. Self-certification would suffice.

Interest payable after 3 months from the date of receipt of application till the date of refund.

Page 36: Goods and Service Tax (GST) in India

Goods and Service Tax Network (GSTN) Section 8 company – Non profit entity

Shares are held by Centre, State and non government financial institutions

Build the technology Infrastructure for GST

Manage back-end tasks such as tax settlement, assessment, refunds, etc.

Page 37: Goods and Service Tax (GST) in India

Goods v/s Service Section 2(48) – Goods:

Goods means every kind of movable property other than actionable claim and  money  but  includes  securities,  growing  crops,  grass  and  things  attached to or forming part of the land which are agreed to be severed before supply or under the contract of supply;

Explanation: For  the  purpose  of  this  clause,  the  term  ‘moveable  property’  shall  not include any intangible property

Section 2(88) – services - means anything other than goods;

Explanation:Services  include  intangible  property  and  actionable  claim  but  does  not include money

Page 38: Goods and Service Tax (GST) in India

Goods v/s Service – Schedule II Transfer of goods or of right in goods without transfer of title

thereof, is a supply of service

Transfer of title in goods under an agreement which stipulates that property in goods will pass at a future date upon payment of full consideration is supply of goods (Hire purchase transaction)

Supply of service Job work is a service Construction, repair, supply Temporary transfer or permitting the use of any IPR Information Technology Agreeing to the obligation to refrain from an act, or to tolerate

an act or a situation, or to do an act Works Contract Supply of food in a restaurant

Page 39: Goods and Service Tax (GST) in India

Meaning And Scope Of Supply

Under GST regime, tax is payable on the supply of goods and/or services.

Supply includes:i. All forms of supply such as

made or agreed to be made for a consideration in the course or furtherance of business.

Sale Transfer Barter Exchange

License Rental Lease Disposal

Page 40: Goods and Service Tax (GST) in India

Meaning And Scope Of Supply

ii. Specified supplies made or agreed to be made without a consideration – Schedule I.

iii. Importation of service, whether or not for a consideration and whether or not in the course or furtherance of business.

iv. Transaction between a principal and agent shall be deemed to be a supply.

v. Supply of any branded service by an aggregator under a brand name shall be deemed to be a supply.

Page 41: Goods and Service Tax (GST) in India

Supplies made without consideration – Schedule I Permanent transfer/disposal of business asset

Temporary application of business assets to a private or non-business use

Services put to private or non-business use

Assets retained after deregistration

Supply of goods and/or services by a taxable person to another taxable or non-taxable person in the course or furtherance of business

Page 42: Goods and Service Tax (GST) in India

Time of Supply of GoodsEarliest of the following:

i. Goods are required to be removed -date when goods are removed

ii. Goods are not required to be removed - date when goods are made available to the buyer

iii. Date of invoice

iv. Date of receipt of payment by supplier

v. Recipient shows receipt of goods in his books

Page 43: Goods and Service Tax (GST) in India

Time of Supply of Service The time of supply of services shall be:-

i. If the invoice is issued within the prescribed period – Earliest of date of invoice or date of receipt of payment

ii. If the invoice is not issued within the prescribed period - the date of completion of provision of service or the date of receipt of payment, whichever is earlier

iii. Where the above provisions do not apply – the date on which the recipient shows the receipt of services in his books of account

Page 44: Goods and Service Tax (GST) in India

Time of Supply of goods/service under reverse charge Earliest of the following:

i. The date of receipt of services/goods

ii. The date on which the payment is made

iii. The date of receipt of invoice

iv. The date of debit in the books of accounts.

Page 45: Goods and Service Tax (GST) in India

Time of Supply vis-à-vis Rate of Tax

Services Provided

Invoice Issued

Payment received

Time of Supply

Before

(31-Mar-17)

After

(10-Apr-17)

After

(20-Apr-17)

Earlier of date of invoice or receipt of payment

(10-Apr-17)

Before

(31-Mar-17)

Before

(20-Mar-17)

After

(10-Apr-17)

Date of Invoice

(20-Mar-17)

Before

(31-Mar-17)

After

(10-May-17)

Before

(15-Mar-17)

Date of receipt of Payment

(15-Mar-17)

Page 46: Goods and Service Tax (GST) in India

Time of Supply – Change in Rate of Service

Services Provided

Invoice Issued

Payment received

Time of Supply

After

(30-Apr-17)

Before

(10-Mar-17)

Before

(20-Mar-17)

Earlier of date of invoice or receipt of payment

(10-Mar-17)

After

(30-Apr-17)

Before

(10-Mar-17)

After

(10-May-17)

Date of receipt of payment

(10-May-17)

After

(30-Apr-17)

After

(20-May-17)

Before

(25-Mar-17)

Date of Invoice

(20-May-17)

Page 47: Goods and Service Tax (GST) in India

Place of Supply Rules

Intra-State Supply Inter-State Supply

Karnataka Bihar Karnata

kaBihar

Location of the

Supplier

Place of Supply

Location of the

Supplier

Place of Supply

Page 48: Goods and Service Tax (GST) in India

Valuation Whether goods/services are supplied by the assessee

Whether Price is the sole consideration

Whether price paid/payable wholly in money

Supplier and recipient are not related

Transaction Value

In the above flow chart, even if one of the conditions is not satisfied then valuation will be as per Valuation Rules

Page 49: Goods and Service Tax (GST) in India

Transaction Value Transaction value will include

Any taxes, duties, fees and charges levied under any statue other than SGST, CGST and IGST

Royalties and License fees

Incidental expenses such as commission and packing for any activity done by the supplier in respect of supply of goods or services

Subsidies provided in any form or manner linked to the supply

Any reimbursable expenditure

Any discount or incentive that may be allowed after the supply has been effected

Page 50: Goods and Service Tax (GST) in India

E-Commerce Operator Electronic commerce operator shall include every person who,

directly or indirectly, owns, operates or manages an electronic platform that is engaged in facilitating the supply of any goods and/or services or in providing any information or any other services incidental to or in connection there with but shall not include persons engaged in supply of such goods and/or services o their own behalf.

E-commerce operatory would be required to collect TCS on amounts credited to the suppliers account

File returns within 10 days

Page 51: Goods and Service Tax (GST) in India

Comparative AnalysisNature of Transaction Existing Regime GST Regime

Manufacture and Sale from Bangalore to Mysore – Intra State transaction

Excise Duty + VAT CGST + SGST

Manufacture and Sale from Bangalore to Chennai – Inter State transaction

Excise Duty + CST at local rate / CST at concessional rate

IGST

PCS renders service to a client in Bangalore

Service Tax CGST + SGST

PCS renders service to a client in Chennai

Service Tax IGST

Import of Goods Custom Duty + CVD + SAD

Custom Duty + IGST

Import of Services Service Tax under RCM IGST under RCMBranch Transfer - Goods ED + No VAT+ No CST

Reverse 2% VAT CreditCGST & SGST/ IGST

Page 52: Goods and Service Tax (GST) in India

Comparative AnalysisNature of Transaction Existing Regime GST Regime

Branch Transfer – Service NIL/ No Reversal of CENVAT Credit

CGST & SGST/ IGST

Job Work Central Excise or Service Tax

No tax upto180 days

Free Samples – Distributed within Country

ED+ No VAT – Reversal of proportionate ITC

CGST + SGST / IGST

Free Samples – Outside the Country

No impact No impact

Transaction between Principal and Agent (Consignment Sales)

ED + No VAT – Reversal of proportionate ITC

CGST + SGST / IGST

Branded Aggregator Service

Service tax by the Aggregator

CGST + SGST / IGST by the aggregator

E-commerce – Operator’s activity

ST on service charged by the operator on Merchant

CGST + SGST / IGST on Service charges + TCS

E-commerce – Trader’s activity

ED + VAT/CST/ST CGST + SGST / IGST

Page 53: Goods and Service Tax (GST) in India

Returns to be filed in GST

GSTR-1• Outward Supply• File within 10 days after the end of

the month

GSTR-2• Inward Supply• File within 15 days after the end of

the month

GSTR-3• Monthly Returns• File within 20 days after the end of

the month

GSTR-4

• Person registered under composition scheme

• File within 18 days after the end of the quarter

Page 54: Goods and Service Tax (GST) in India

Returns to be filed in GST

GSTR – 5

• Return to be filed by Non - Resident• Monthly returns - File within 18 days

after the end of the month• 7 days after expiry of registration

GSTR – 6• Input Service Distributor• Within 13 days after end of the

month

GSTR – 7• TDS/TCS Returns• File within 10 days from the end of

the month

GSTR – 8• Annual Return• 31st December following the end of

the financial year

Page 55: Goods and Service Tax (GST) in India

Annual Return Annual return needs to be filed online

Annual return shall be filed by every registered taxable person other than ISD Deductor deducting TDS Casual taxable person

Audited statement of accounts and reconciliation statement to be submitted along with the Annual Return by certain taxable persons

Page 56: Goods and Service Tax (GST) in India

Late filing FeeDefaulted Return Late Fee

Return on Outward Details

Rs. 100 per day of delay, Max of Rs. 5,000

Return on Inward Details

Same as Above

Monthly Return Same as Above

Annual Return Rs. 100 per day of delayMaximum = 0.25% of Aggregate turnover

Page 57: Goods and Service Tax (GST) in India

Invoice Matching On filing of return by the taxable person, his inward supplies

and/or debit notes shall be matched with the corresponding outward supplies and/or debit notes declared by the supplier in his tax return.

On matching, the ITC claimed by the taxable person shall be finally accepted and he shall be informed.

In case of mis-match, the discrepancy shall be notified to the taxable person and his supplier.

Where the supplier does not rectify the discrepancy in his return, the amount to the extent of discrepancy shall be added to the output tax liability of the taxable person.

Page 58: Goods and Service Tax (GST) in India

Invoice Matching Likewise, the reduction in tax liability due to issue of a credit

note by the supplier shall be matched with the reduction in ITC claimed by the recipient in his return.

In case of matching, such reduction in the tax liability shall be finally accepted and communicated to the supplier.

In case of mis-match, the discrepancy shall be notified to the supplier and the recipient.

Where the recipient does not rectify the discrepancy and reduce his ITC claim in his return, the amount to the extent of discrepancy shall be added to the output tax liability of the supplier.

A taxable person can reclaim the ITC reversed only after the concerned supplier furnishes the details of invoice and/or debit note in his return.

Page 59: Goods and Service Tax (GST) in India

Compliance Rating Every taxable person shall be assigned a GST compliance rating

score based on his record of compliance with the provisions of this act.

To be determined based on parameter which are yet to be prescribed

GST compliance rating score shall be updated and placed in the public domain

Large companies may deal with only those dealers who would has a specific minimum rating

Department my carry out search or seizure on assessee who have very less rating

Page 60: Goods and Service Tax (GST) in India

Assessment Self Assessment - Taxable person shall himself assess the

taxes payable and pay tax

Turnover upto 1.5 cr – Assessment will be done by State

In case of Inter state transaction – Center will carry out the assessment irrespective of the turnover.

Turnover more than 1.5 cr, both Center and State will do the assessment

Page 61: Goods and Service Tax (GST) in India

Assessment Taxable person may request for provisional assessment in

cases where he is unable to determine the value or rate of tax

Provisional assessment is to be finalized within 6 months

After final assessment, the taxable person shall be liable to pay additional tax or may claim refund, as case may be

Books of accounts should be retained for 60 months from the date of filing annual return

Page 62: Goods and Service Tax (GST) in India

Audit by department Audit can be conducted at the place of business of the taxable

person or at the office of the tax authorities.

Taxable person shall be informed sufficiently in advance, prior to the conduct of audit.

Audit shall be carried out in a transparent manner.

Audit to be completed within 3 months, extendable by a further period of 6 months.

On conclusion of audit, the proper officer shall without delay notify the taxable person of the findings, the taxable person’s rights and obligations and reasons for the findings.

Page 63: Goods and Service Tax (GST) in India

Transitional Provisions Cenvat credit / VAT carried forward in a return shall be

allowed as input tax credit under GST.

Un-availed Cenvat credit on capital goods, not carried forward in a return, shall also be allowed as ITC under GST.

Credit of eligible duties and taxes in respect of inputs held in stock shall be allowed to a registered taxable person.

Page 64: Goods and Service Tax (GST) in India

Transitional Provisions Taxable person paying tax under composition scheme in the current regime can

take credit of eligible duties and taxes in respect of inputs held as stock in the form of RM, semi finished or finished goods

If a taxable person carries forward eligible credit in a return and switches to composition scheme then he shall pay tax equivalent to the credit on inputs, semi finished goods, capital goods held with him

Where the price is revised in pursuance of a contract after the appointed date, the supplier will issue a supplementary invoice either as debit or credit notes within 30 days. Supplementary invoice will either be treated as Inward supply or outward supply

Page 65: Goods and Service Tax (GST) in India

Special Points in GST No tax is payable on the goods removed/despatched earlier but

returned to the place of business within 6 months after the introduction of GST

No tax is payable if input, semi finished goods and finished goods removed for job work and returned within 6 months

Capital goods removed for Job Work needs to be returned within 2 years

Registration may be canceled if returns not furnished for continuous period of 6 months

In GST, forms such as C form, E1 and E2 form will go away

E-sugam concept will be there in GST

Page 66: Goods and Service Tax (GST) in India

Special Points in GST As per Section 37, Central/State Govt. dept, local authority,

Governmental agencies to deduct tax at 1% on payment made/credited to supplier of taxable supplies where the total value of supply under a contract exceeds 10L.

TDS amount to be credited by the deductor within 10 days

Where goods or services or both used both for taxable and non taxable supplies – proportionate credit to be availed

Immovable property is outside the purview of GST

Document invoices of Stock on which Excise Duty is paid as credit on it can be claimed in GST

Page 67: Goods and Service Tax (GST) in India

Special Points Ongoing contracts which are inclusive of taxes

MRP based sales – have less stock as on 31st Mar’17

Act is prepared for safeguarding revenue but not for the assessee

Inspection under GST can be carried even at odd hours.

Excise Tariff disputes may go away in GST

Concept of abatement may not be there in GST

Only 9 codes for payment of tax under GST

Page 68: Goods and Service Tax (GST) in India

GST Impact on various Sectors Manufacturing

Construction

Information Technology

Education Sector

Health Care Sector

Entertainment Industry

FMCG

Hospitality

Page 69: Goods and Service Tax (GST) in India

Impact on Company Secretary (CS)

Increase in Tax Rate

Working capital management

Option to opt for Composition Scheme

Satisfying pure agent concept for payments made on behalf of clients

ST under RCM to be paid on few Govt. Services

VAT and Excise Duty Input Credit. Egs: Electronics, Furniture etc.

Page 70: Goods and Service Tax (GST) in India

Opportunities for Company Secretary

Educating clients and restructuring their business system

Procedural compliance like – Registration, Filing returns etc

Consultancy Services

Support clients on refund claims

Health check up and tax planning

Representation services

Page 71: Goods and Service Tax (GST) in India

Advantages in GST India will be a common market. Boost for Karnataka State

Removes cascading effect of taxes

Ease of doing business

Simplified law

Increased Assessee base

Reduction in taxes in long run

Less of tax evasion

Reduced litigation

Less corruption

Page 72: Goods and Service Tax (GST) in India

Challenges in GST Impact on Service sector

Managing the Working capital

Controlling Inflation in short run

IT infrastructure PAN India

Adjudication with two department

Granting exemption for certain products

Matching of Credit for claiming Input Credit

Carrying forward the supply chain

Rigorous penalty provisions

Page 73: Goods and Service Tax (GST) in India
Page 74: Goods and Service Tax (GST) in India

Contact Us:

9845 154 880

[email protected]

9844 000 207

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R. Mohan Pankaj Kumar R