OVER VIEW OF GST LAW & PROCEDURE

1. OVER VIEW OF GST LAW & PROCEDURE YogendraGarg IRS Addl. DG, Centre of Excellence NACIN

2. Presentation Plan

3. Current Indirect Tax Scenario

4. GST-VAT • Multi-point Taxation replacing single point taxation • Value addition taxed at each stage • VAT introduced in France in 1954, in Brazil in 1960 • Over 160+ Countries so far

5. What is GST? ONE NATION: ONE TAX

6. Limitations of current Tax regime 1. Cascading Effect of Tax MAHARASHTRA MADHYA PRADESH Sale on payment of CST Credit of CST Not Available Credit of Excise not allowed

7. Limitations of current Tax regime : 2. Multiple Registrations Central Excise

8. Limitations of current Tax regime : 4. Lack of Uniformity No Entry Tax Entry Tax @ NIL % @ 4% Value Added Tax e.g. on Sugar

9. Limitations of current Tax regime : • 5. Goods Vs. Services dilemma ? LicenseSoftware in CD Sale of Food In Restaurant Sale Services Manufacturing

10. Features of 101stConstitution AmendmentAct • Concurrent jurisdiction for levy & collection of GST by • the Centre (CGST) and the States(SGST) • Centre to levy and collect IGST on supplies in the course of inter-State trade or commerceincluding imports • Compensationforlossofrevenueto Statesforfive • Years • GST on petroleumcrude, high speed diesel, motor spirit (commonly known as petrol),natural gas & aviation turbine fuel to be levied from a later date • All decisions on recommendations ofGST Council

11. Benefits of GST (1/2) • Reduction in Cascading of Taxes • Overall Reduction in Prices • Common National Market • Benefits to Small Taxpayers • Self-Regulating Tax System • Non-Intrusive Electronic Tax System Decrease in Inflation Ease of Doing Business Decrease in “Black” Transactions

12. Benefits of GST (2/2) • Simplified Tax Regime • Reduction in Multiplicity of Taxes • Consumption Based Tax • Abolition of CST • Exports to be Zero Rated • Protection of Domestic Industry - IGST More informed consumer Poorer States to Gain Make in India

13. Understanding CGST, SGST, UTGST &IGST State1 ForeignTerritory State2 Unionterritory IGST Credit can be used for payment of IGST, CGST, SGST / UTGST in thatorder 5

14. Salient features of GST • The GST would be applicable on the supply of goods or services. • Dual GST on any item - Central GST and State / Union Territory GST. • Central tax (CGST) and State tax (SGST) / Union territory tax (UTGST). • The GST would apply on all goods or services or both other than alcoholic liquor for human consumption and five petroleum products.

15. Salient features of GST... (contd.) • Destination based consumption tax • The tax would accrue to the State which has jurisdiction over the place of consumption which is also termed as place of supply. • Levied at all stages right from manufacture up to final consumption with credit of taxes paid at previous stages available as setoff.   • In nutshell, only value addition will be taxed and burden of tax is to be borne by the final consumer. • Exports would be zero rated and imports taxed at the same rate as integrated tax (IGST) levied on inter-State supply of like domestic products

16. Salient features of GST... (contd.) • Tax payers with an aggregate turnover in a financial year up to Rs.20 lakhs would be exempt from tax. • For special category states specified in Article 279A, the threshold exemption shall be Rs. 10 lakhs.  • Tax payers making inter-State supplies or paying tax on reverse charge basis shall not be eligible for threshold exemption. • Small taxpayers with an aggregate turnover in a financial year up to Rs. 75 lakhs shall be eligible for composition levy.

17. Salient features of GST... (contd.) • An Integrated GST (IGST) would be levied and collected by the Centre on inter-State supply of goods and services. • HSN code shall be used for classifying the goods and services under the GST regime. • Chapter 99 introduced fro the Service Classification Codes • Laws and procedures for levy and collection of CGST/SGST would be harmonized to the extent possible.

18. Salient features of GST... (contd.) • Exports and Supplies to SEZs shall be treated as zero-rated supply. • Exporters need not pay GST on exports but will continue to be eligible for ITC which will be refunded to exporters • No tax will be payable on final supplies to SEZ Devlopers or SEZ Units but ITC related to the supply shall be refunded to suppliers. • Import of goods/services would be subject to IGST in addition to Basic Customs duty.

19. GST Rates • Rates: 0%( on essential items, rice/wheat) • 5%: ( on items of mass consumption ) • 12%/18%:(standard rates covering most manufactured items and Services) • 28% : ( on Consumer Durable Goods, Pan masala, tobacco and aerated drinks etc) • Basic philosophy behind these rates are that, to the extent possible, the current combined rate of tax levied on individual goods by the Central and the State Governments should be maintained in GST

20. GST Rates • Rates for goods have been recommended • Rates for goods at 4-digit level • 0.25% for diamonds • 3% Rate for precious metals, jewellery • 19% items to attract 28% • 43% to attract 18% • 17% to attract 12% • 14% to attract 5% • 7% to attract NIL

21. GST Rates • Rates for services have been recommended • Present service tax exemptions (83 services) to continue • 18 services to attract reverse charge • Four slab tax structure • 5%, 12%, 18% and 28% • Three services to attract Compensation Cess • Services not specified elsewhere to attract 18% (job work in textiles & Gold-Silver jewellery at 5%)

22. Neither Goods nor Services !!! • The following would not constitute supply of Goods or Services (Schedule –III of the Act) • by an employee to employer • Services by any Court or Tribunal • Functions performed by Members of Parliament/ State legislature/Panchayats/ Municipalities/ other local authorities. • Duties performed by Constitutional functionary. • Duties performed by Chairperson/Member /Director in a body of CG/SG/local authority, who is not deemed to be an employee before commencement of this clause.

23. Neither Goods nor Services !!! (Contd.) • Funeral, burial, crematorium/mortuary service, including transportation of deceased • Sale of land • Sale of building[ subject to clause (b) of paragraph 5 of Schedule II) • Actionable claims, other than lottery, betting and gambling

24. Inter-state supplies? • A supply of goods or services or both in the course of inter-State trade or commerce means any supply where the location of the supplierand the place of supplyare in different States. (Section 3(1) and 3(2) of the IGST Act) • Exports/ Imports/ Supplies to & by SEZs-Deemed • Why IGST? Advantages?

25. Advantages of IGST Model • Maintenance of uninterrupted ITC chain on inter-State transactions. The buyer in another State is in a position to avail credit of the IGST charged by the seller in one State. • The incidence of tax would be same be it inter state or intra state. Hence , there would be no rate shopping or unfair advantage to any state. • The tax regime is simple and there would not be any requirement of documentation as required in existing CST regime. • The tax collected in the originating state would be transferred to the destination state. • No refund claim in exporting State( withinIndia), as ITC is used up while paying the tax.

26. Steps involved in interstate supplies in GST regime Utilisation of ITC means payment of lesser tax in cash to State B. So ‘B’ should get the amount from State A State ‘Bb’ Destination State • ITC of tax paid on ‘S’ • is used for payment of • GST on further supplies B2B State ‘Aa’ Origin state • GST is collected on supply ‘S’ • Destination based tax belongs to State B B2C IGST How would GST amount move from ‘A’ to ‘B’

27. Cross utilization of Input Tax Credit TAXABLE PERSON Inward supply A C Outward Supply CGST Rs 10 SGST Rs 10 IGST Payable Rs 25 Rs 10 CGST IGST Rs 10 SGST

28. IGST Model- Underlying Rules • Sequential utilization of IGST, CGST and SGST credit for settlement of IGST liability • No cross utilisation between CGST and SGST i.e. • Use only CGST and IGST credits for discharging CGST liability • Use only SGST and IGST credits for discharging SGST liability • a Dealer having both inter-state and intra-state supplies to discharge the IGST liability first and CGST-SGST thereafter

29. TDS • As per Section 51 of CGST Act, 2017 following people/entities can be mandated to deduct TDS: • A department or establishment of the Central or State Government, or • Local authority, or • Governmental agencies, or • Persons or category of persons as may be notified, by the Central or a State Government on the recommendations of the Council,

30. TDS • TDS is to be deducted at the rate of 1 percent on payments made to the supplier of taxable goods and/or services, where the total value of such supply, under an individual contract, exceeds Rs. 2,50,000/-. • No tax deduction required where the location of supplier and place of supply is different from the State of the registration of the recipient(inter-state supplies)

31. TDS • For purpose of deduction of TDS, the value of supply is the amount excluding the GST in the invoice- no TDS on the CGST, SGST or IGST component of invoice. • TDS has to be remitted within 10 days from the end of the month in which tax is deducted to the appropriate government(Central Tax to Central Government and State Tax to State Government)

32. TDS Procedure • Deductor (DDO) will need to get compulsorily registered under Section 23 (Form GST REG-07); • For registration PAN is not required and TAN from Income Tax would suffice • TDS deducted needs to be remitted by the 10th day of the month succeeding the month in which TDS was collected. • GSTR 7 Return also needs to be filed in by the 10th of next month • TDS Certificate needs to be issued to the Deductee within 5 days of remitting TDS • The amount deposited as TDS will be reflected in the electronic cash ledger of the supplier

33. TDS • Failure to issue TDS Certificate attracts penalty of Rs. 100 per day with maximum of Rs. 5000. • Non-deduction / short deduction / non-payment or short payment of TDS is on offence under the act for which a minimum penalty of Rs 10000/- is prescribed –upto amount of TDS not deducted, short deducted, not deposited

34. TDS • Any amount deducted as TDS and reported in GSTR – 7 will automatically reflect in electronic cash ledger of the deudctee available to the deductee for payment of GST • Refund of the excess amount deducted: • Refund of erroneous excess TDS deducted is possible to deductor, subject to Section 54 and Refund Rules • No refund if amount reflected in the Electronic Cash Ledger of the deductee

35. Registration Compulsory Registration for Each State where business situated Option to take multiple registration for each business vertical within same state

36. Registration (contd.) • Liability to be registered • Every person who is registered under existing indirect laws being subsumed in GST • Every person whose turnover in a year exceeds Rs. 20 lakhs ( Rs. Ten lakhs for special category states) • Voluntary registrationpermitted even if no liability.

37. Mandatory Registration(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 • Those required to collect TDS • Persons supplying goods through e-commerce operator • Persons making supplies on behalf of a registered taxable person • Input Service Distributer • Every person supplying online information and data base access or retrieval services from a place outside India to a person in India, other than a registered person

38. Registration… (contd.) • Registration ( GSTIN) to be granted State-wise. • PAN mandatory for GSTIN • except for NRTP- here Passport • TDS Deductor-TAN • Separate registration permitted for multiple business verticals in a State • SEZ Developer/Units to compulsorily register as business vertical • Registration deemed to be granted if objection by way of Notice is not communicated within the time of 3 working days

39. Returns Process under GST

40. Why Returns? • Means of compliance verification • Mode for transfer of information to tax administration • To declare tax liability for a given period • Providing necessary inputs for taking policy decision

41. Features of Tax Returns in GST • Based on transactions – Invoice based • Designed for system based matching of Input Tax Credit and other details (import, export etc.) • Auto-population from details of outward supplies • Auto-reversal of ITC in case of mismatch • Concepts of ledgers – cash, ITC and liability • Norevised returns – changes through rectifications and reported in the return for the month in which error detected

42. GST Returns: GSTR1 • Statement of Outward Supplies • What information? • Basic details To be filed by 10th of the next month- can be easily done by a computer • Invoice level details ; GSTIN of recipient • Invoice details – Number, date, HSN/SAC, ….Value, Taxable value… • Tax – IGST, CGST, SGST/UTGST – Rate and Tax amount • What is not required to be uploaded? • Invoice level information for B2C invoice < Rs. 2.5 lacs • Consolidated information of all B2C supplies sufficient • HSN/SAC ….. < Rs.1.5 crore

43. GST Returns: GSTR 2 Information Flow for auto-population/ self feeding TCS/ TDS GSTR1s of the suppliers GSTR-6A ISD GSTR 2 • To be Fed by Taxpayer • Reverse Charge receipts from unregistered supplies • Imports GSTR 5 Non Resident TP

44. GST Returns: GSTR 3 • Auto-populated based on GSTR-1 and GSTR-2 • Outward Supplies • All B2B inter and intra state supplies • All B2C inter-State supplies above the value of Rs. 2.5 lacs • Exports • Revision of tax of previous periods • Inward Supplies • Inter and intra state supplies received • Imports • Amendment to tax of previous periods • Credit to ITC Ledger

45. GST Returns: Standardised forms/ certificates • Form GSTR-1 -Details of outward supplies of taxable goods or services effected • Form GSTR-1A Details of outward supplies as added, corrected or deleted by the recipient • Form GSTR-2 Details of inward supplies of taxable goods and/or services claiming input tax credit • Form GSTR-2A Details of inward supplies made available to the recipient on the basis of FORM GSTR-1 furnished by the suppliers • GSTR-3 Monthly return on the basis of finalization of details of outward supplies and inward supplies • GSTR-3A Notice to a registered taxable person who fails to furnish return

46. GST Returns: Standardised forms/ certificates (contd.) • Form GSTR-4 Quarterly Return for composition Taxable persons • Form GSTR-4A Details of inward supplies made available to the recipient registered under composition scheme on the basis of FORM GSTR-1 furnished by the supplier • Form GSTR-5 Return for Non-Resident foreign taxable person • Form GSTR-6 ISD return • Form GSTR-6A Details of inward supplies made available to the ISD recipient on the basis of FORM GSTR-1 furnished by the supplier • Form GSTR-7 Return for authorities deducting tax at source • Form GSTR-7A TDS Certificate

47. GST Returns: Standardised forms/ certificates (contd.) • Form GSTR-8 Details of supplies effected through e-commerce operator and the amount of tax collected • Form GSTR-9 Annual return • Form GSTR-9A Simplified Annual return by Compounding taxable persons registered under section 8 • Form GSTR-9B Reconciliation Statement • Form GSTR-10 Final return • Form GSTR-11 Details of inward supplies to be furnished by a person having UIN

48. GST Returns: Correction in returns • No Revision of returns • As per the return taxes have already been paid and fund transfers already settled • No significance as the basis now is individual transaction • All changes through rectifications reported in subsequent returns • If an invoice has been left out in GSTR-1 or GSTR-2 : can be uploaded in subsequent returnsbut to pay interest for any tax not paid on this account • If any invoice has been wrongly entered but remains unmatched – can be amended in subsequent returns

49. GST Returns: Correction in returns • Post transaction changes to be done through debit or credit notes • Other details like B2C supplies can be amended in subsequent returns • Delayed uploading coupled with payment of interest • All changes, credit or debit notes to be carried out before September of the next financial year • To enable any auto-reversal before Annual Return

50. GST Returns: Annual Return • Annual summary of all transactions • Accounts to be certified by Chartered Accountant etc. if turnover more than Rs. 2 Crore • Personal Details • Details of Expenditure • Purchases – goods/services – intra/inter state • Imports • Details of Income • Supplies – goods/services – intra/inter state • Exports • Not to be filed by ISD, TDS Deductor, Casual Taxpayer, and Non resident taxpayer