Master class on Goods & Services Tax for NIRC of the ICSI 12 th June 2017

1. Master class on Goods & Services Taxfor NIRC of the ICSI12th June 2017 CS Manoj Kapoor Director Kapgrow Corporate Advisory Services Private Limited We inspire growth Kapgrow Corporate Advisory Services Private Limited

2. Cautionary Statement • The information in this presentation is based upon the notified GST laws and the draft rules thereunder, as available in public domain. The facts may change at a later stage. • The basic objective is to understand the proposed taxation regime conceptually as the final nitty-gritties shall be clear only once the final laws & rules are notified. We inspire growth Kapgrow Corporate Advisory Services Private Limited

3. Indirect Tax Structure of India We inspire growth Kapgrow Corporate Advisory Services Private Limited

4. Indirect Tax Structure of India Under the GST regime, all these taxes {except Customs Duty} shall be stopped and only the Goods & Services Tax (GST) shall be levied. We inspire growth Kapgrow Corporate Advisory Services Private Limited

5. What is GST • GST is one indirect tax for the whole nation, which will make India one unified common market. • GST is a single tax on the supplies of goods and services, right from the manufacturer to the consumer. • Credits of input taxes paid at each stage will be available at the subsequent stage of value addition, which makes GST essentially a tax only on value addition at each stage. • The final consumer will thus bear only the GST charged by the last dealer in the supply chain, with set off benefits at the previous stages. We inspire growth Kapgrow Corporate Advisory Services Private Limited

6. Taxes to be subsumed - Central • Central Excise Duty [including AED, etc] • Service tax • Additional Customs Duty (CVD) • Special Additional Duty of Customs (SAD) • Central Sales Tax (levied by the Centre and collected by the States) • Central surcharges and cesses (relating to supply of goods and services) We inspire growth Kapgrow Corporate Advisory Services Private Limited

7. Taxes to be subsumed - State • Value Added Tax • Octroi and Entry Tax • Purchase Tax • Luxury Tax • Taxes on lottery, betting & gambling • State cesses and surcharges • Entertainment tax (other than the tax levied by the local bodies) We inspire growth Kapgrow Corporate Advisory Services Private Limited

8. Overview of GST • The Constitution Amendment Bill for Goods and Services Tax (GST) has been approved by The President of India post its passage in the Parliament (Rajya Sabha on 3 August 2016 and Lok Sabha on 8 August 2016) and ratification by more than 50% of state legislatures. The Government of India is committed to replace all the indirect taxes levied on goods and services by the Centre and States and implement GST by 01 July 2017. • With GST, it is anticipated that the tax base will be comprehensive, as virtually all goods and services will be taxable, with minimum exemptions. The Credit of GST paid at an earlier stage shall be available at the next stage except in case of final consumer. This is called Input Tax Credit (ITC). • GST will be a game changing reform for the Indian economy by creating a common Indian market and reducing the cascading effect of tax on the cost of goods and services. It will impact the tax structure, tax incidence, tax computation, tax payment, compliance, credit utilization and reporting, leading to a complete overhaul of the current indirect tax system. • GST will have a far-reaching impact on almost all the aspects of the business operations in the country, for instance, pricing of products and services, supply chain optimization, IT, accounting, and tax compliance systems. We inspire growth Kapgrow Corporate Advisory Services Private Limited

9. Salient features - Indian GST system • The power to make laws in respect of supplies in the course of inter-State trade or commerce will be vested only in the Union government. States will have the right to levy GST on intra-State transactions including on services. • Centre will levy Integrated GST (IGST) on inter-State supply of goods and services. Import of goods will be subject to basic customs duty and IGST. • GST defined as any tax on supply of goods and services other than on alcohol for human consumption. • Petroleum: Tax in waiting. Government is on the opinion to propose a modest GST on a petroleum products. It is still zero rated till council decides. Small GST on petroleum will help business avail input tax credit. It will reduce cascading of taxes that will help lower price. Overall GST can be lower if petroleum is included. • Central taxes like, Central Excise duty, Additional Excise duty, Service tax, Additional Custom duty and Special Additional duty and State level taxes like, VAT or sales tax, Central Sales tax, Entertainment tax, Entry tax, Purchase tax, Luxury tax and Octroi will subsume in GST. We inspire growth Kapgrow Corporate Advisory Services Private Limited

10. Salient features - Indian GST system • An origin based additional tax called as Cess to be levied on supply of specified goods will be non-creditable in GST chain. The revenue from this tax is to be assigned to the Origin State. This tax is proposed to be levied for initial two years or such period as recommended by the GST Council. • Provision for removing imposition of entry tax / Octroi across India. • Entertainment tax, imposed by States on movie, theatre, etc will be subsumed in GST, but taxes on entertainment at panchayat, municipality or district level to continue. • GST may be levied on the sale of newspapers and advertisements and this would give the government’s access to substantial incremental revenues. • Stamp duties, typically imposed on legal agreements by the state, will continue to be levied by the States. • Administration of GST will be the responsibility of the GST Council, which will be the apex policy making body for GST. Members of GST Council comprised of the Central and State ministers in charge of the finance portfolio. We inspire growth Kapgrow Corporate Advisory Services Private Limited

11. Destination principle • The GST structure would follow the destination principle. • Accordingly, imports would be subject to GST, while exports would be zero-rated. • In the case of inter-State transactions within India, the State tax would apply in the State of destination as opposed to that of origin. We inspire growth Kapgrow Corporate Advisory Services Private Limited

12. Components of GST We inspire growth Kapgrow Corporate Advisory Services Private Limited

13. GST Credit Mechanism Taxes paid on inputs are available as credit against the output tax liability. However, separate credit pools for 3 different types of GST in each state. We inspire growth Kapgrow Corporate Advisory Services Private Limited

14. Rates of GST * This is the proposed classification for rates, the final rates are awaited We inspire growth Kapgrow Corporate Advisory Services Private Limited

15. Features of the GST Law • Tax on supply of goods or services rather than manufacture / production of goods, provision of services or sale of goods • The Government has Powers to declare certain supplies as supply of goods or of servicesas also to declare certain activities/transactions as neither supply of goods nor of services • On Intra-State supplies of goods and/ or services - CGST & SGST shall be levied by the Central and State Government respectively, at the rate to be prescribed - Maximum rate ring fenced in law • On Inter -State supplies of goods and/ or services - IGST shall be levied by the Central Government, at the rate to be prescribed - Maximum rate ring fenced in law • Elaborate Rules provided for determining the place of supply We inspire growth Kapgrow Corporate Advisory Services Private Limited

16. Features of the GST Law • Liability to pay tax arises only when the taxable person crosses the exemption threshold • Taxable person is a person who is registered or required to be registered under law • Provision for levy of tax on fixed rate on aggregate turnover up to a prescribed limit in a financial year (Composition scheme) without participation in Input Tax Credit (ITC) chain • Elaborate principles devised for determining the time of supply of goods and services with following being crucial determinants with certain exceptions: • Date on which supplier issues invoice • Date on which supplier receives the payment, whichever is earlier We inspire growth Kapgrow Corporate Advisory Services Private Limited

17. Features of the GST Law • Tax is to be paid on Transaction value (TV) of supply generally i.e. the price actually paid or payable for the supply of goods and/or services • ITC is available in respect of taxes paid on any supply of goods and / or services used or intended to be used in the course or furtherance of business (i.e. for business purposes) • Negative list approach for non-allowance of ITC • ITC of tax paid on goods and / or services used for making taxable supplies by a taxable person allowed subject to four conditions: • possession of invoice; • receipt of goods or services; • tax actually paid by supplier to government; • furnishing of return • Full ITC allowed on capital goods in one go except in respect of pipelines and telecommunication tower where ITC would be allowed in three equal annual instalments We inspire growth Kapgrow Corporate Advisory Services Private Limited

18. Features of the GST Law • Proportionate credits allowed in case inputs, inputs services and capital goods are partly used for business and partly for non-business purposes • Proportionate credits allowed in case inputs, inputs services and capital goods are used for taxable output supplies including zero rated supplies as well as exempt (including non-taxable) supplies. The amount of credit shall be restricted to only the amount that is attributable to taxable supplies including zero-rated supplies. • ITC cannot be availed after filing of return for the month of September of next Financial Year or filing of Annual Return • ITC available only on provisional basis for a period of two months until payment of tax and filing of valid return by the supplier • Matching of supplier’s and recipient’s invoice details • ITC to be confirmed only after matching of such information • ITC to be reversed in case of mis-match We inspire growth Kapgrow Corporate Advisory Services Private Limited

19. Overall Business Impact • It will impact the Tax Structure, Tax Incidence, Tax Computation, Tax Payment, Compliance, Credit Utilization and Reporting leading to a complete overhaul of the current indirect tax system. • GST will have a far reaching impact on almost all the aspects of the business operations in the country, for instance, pricing of products and services; supply chain optimization; IT, accounting and tax compliance systems. • It will improve Cash Flows in view of the availability of the Input Tax Credit at each stage. Thus, will reduce working capital requirement. We inspire growth Kapgrow Corporate Advisory Services Private Limited

20. Impact of GST on Business We inspire growth Kapgrow Corporate Advisory Services Private Limited

21. Impact of GST on Business We inspire growth Kapgrow Corporate Advisory Services Private Limited

22. Overall Business Impact All in all, the exact impact shall be assessed once the final rates are notified and the businesses work out their correct impact. The impact shall be multi-pronged in the following ways: • The rate of tax on final product • The reduction in compliance burden due to removal of multiple taxes • The savings in logistics costs and efficiency of supply chain • Reduced cost of maintaining multiple warehouses / depots / branch offices across the Country to avail tax benefits • Reduced inventory costs • Costs of inputs likely to go down in majority of the cases We inspire growth Kapgrow Corporate Advisory Services Private Limited

23. Benefits of GST For Business and Industry : • Easy Compliance due to automated system • Transparent System • Uniformity of Tax rates and structures • Elimination of multiplicity of taxes • Removal of cascading • Improved Competitiveness • Gain to manufacturers and Exporters We inspire growth Kapgrow Corporate Advisory Services Private Limited

24. Benefits of GST For Consumer : • Single and transparent tax proportionate to the value of goods and services • Relief in overall tax burden For Central and State Governments : • Wider Tax base • Simple and Easy to administer • Better controls on leakages • Higher revenue efficiency We inspire growth Kapgrow Corporate Advisory Services Private Limited

25. Are you ready for GST?? • GST would bring in significant change in doing business in India. Advocacy for best practices, gearing up for changes in processes, training teams and developing IT systems for being GST compliant are the key areas to be assessed. • The Government is committed to introduce GST by July 2017. Tax payers need to be GST compliant to be able to test system changes in time. Depending on the operating geographies, size and sector, the changes would be substantial and may require proactive planning with a time-bound action plan. • In order to prepare for the implementation of GST, organizations need to understand GST policy development and its implications for scenario planning and transition roadmap preparation. We inspire growth Kapgrow Corporate Advisory Services Private Limited

26. Important Terms

27. Taxable Event & Tax Liability Taxable event under GST is supply of goods or services or both. made for consideration in the course or furtherance of business. The taxable events under the existing indirect tax laws such as manufacture, sale, or provision of services shall stand subsumed in the taxable event known as ‘supply’. Generally, the supplier of the goods and / or services is liable to pay tax. We inspire growth Kapgrow Corporate Advisory Services Private Limited

28. Reverse Charge Reverse Charge means the liability to pay tax is on the recipient of supply of goods and services instead of the supplier of such goods or services in respect of notified categories of supply. E.g. Imports, supply from unregistered person, etc. We inspire growth Kapgrow Corporate Advisory Services Private Limited

29. TDS & TCS Government Departments making payments to vendors above a specified limit [Rs. 2.5 lakh under one contract] are required to deduct tax (TDS) and deposit it with the Government. E-commerce operators are required to collect tax (TCS) on the net value of supplies made through them and deposit it with the Government. We inspire growth Kapgrow Corporate Advisory Services Private Limited

30. Composite Supply Composite Supply means a supply consisting of two or more taxable supplies of goods or services or both, or any combination thereof, which are naturally bundled and supplied in conjunction with each other in the ordinary course of business, one of which is the principal supply. Example: When goods are packed and transported with insurance, it is composite supply of the goods, packing materials, transport and insurance while the goods are the principal supply The tax rate applicable to the principal supply shall apply to a Composite Supply. We inspire growth Kapgrow Corporate Advisory Services Private Limited

31. Mixed Supply Mixed Supply means two or more individual supplies of goods or services, or any combination thereof, made in conjunction with each other for a single price where such supply does not constitute a composite supply. Here each of the items can be supplied separately and is not dependent on each other. Example: A package consisting of canned foods, sweets, cakes, dry fruits, chocolates, aerated drinks and fruit juices when supplied for a single price is a mixed supply. The tax rate applicable to the highest rated goods / services in the package shall apply to a Mixed Supply. We inspire growth Kapgrow Corporate Advisory Services Private Limited

32. Classification under GST HSN (Harmonised System of Nomenclature) code shall be used for classifying the goods under the GST regime. Taxpayers whose turnover is above Rs. 1.5 crores but below Rs. 5 crores shall use 2-digit code and the taxpayers whose turnover is Rs. 5 crores and above shall use 4-digit code. Taxpayers whose turnover is below Rs. 1.5 crores are not required to mention HSN Code in their invoices. Services will be classified as per the Services Accounting Code (SAC). We inspire growth Kapgrow Corporate Advisory Services Private Limited

33. Transaction Value Transaction value refers to the price actually paid or payable for the supply of goods and or services where the supplier and the recipient are not related and price is the sole consideration for the supply. It includes any amount which the supplier is liable to pay but which has been incurred by the recipient of the supply. We inspire growth Kapgrow Corporate Advisory Services Private Limited

34. Valuation Sec. 15(1) Definition of Value We inspire growth Kapgrow Corporate Advisory Services Private Limited

35. Valuation Sec 2 ( 84 ) Related persons include We inspire growth Kapgrow Corporate Advisory Services Private Limited

36. Valuation Sec 15(2) Inclusions in Transaction Value We inspire growth Kapgrow Corporate Advisory Services Private Limited

37. Valuation Discounts • Any Post – supply discounts offered are to be included. However , we can exclude discounts established as per agreements and known at the time of supply and linked with specific invoices. ITC to be reversed by recipient. • If any discounts are applied before or at the time of supply in the course of normal trade practice and has been recorded in the invoice , the same would not be form part of the transaction value u/s 15(3). We inspire growth Kapgrow Corporate Advisory Services Private Limited

38. Valuation Sec 15(4) : When to Resort To Rules ? We inspire growth Kapgrow Corporate Advisory Services Private Limited

39. Input Tax Input tax means the central tax (CGST), State tax (SGST), integrated tax (IGST) or Union territory tax (UTGST) charged on supply of goods or services or both made to a registered person. It also includes tax paid on reverse charge basis and integrated tax goods and services tax charged on import of goods. It does not include tax paid under composition levy. We inspire growth Kapgrow Corporate Advisory Services Private Limited

40. Registration for Government Departments not making supply A unique identification number (ID) would be given by the respective state tax authorities through GST portal to Government authorities / PSUs not making outwards supplies of GST goods (and thus not liable to obtain GST registration) but are making inter-state purchases. We inspire growth Kapgrow Corporate Advisory Services Private Limited

41. E-Ledgers Electronic Ledgers or E-Ledgers are statements of cash and input tax credit in respect of each registered taxpayer. In addition, each taxpayer shall also have an electronic tax liability register. Once a taxpayer is registered on Common Portal (GSTN), two e-ledgers (Cash &Input Tax Credit ledger) and an electronic tax liability register will be automatically opened and displayed on his dash board at all times. We inspire growth Kapgrow Corporate Advisory Services Private Limited

42. E-Ledgers Tax Liability Register will reflect the total tax liability of a taxpayer (after netting) for the particular month. The Cashledger will reflect all deposits made in cash, and TDS/TCS made on account of the taxpayer. The information will be reflected on real time basis. This ledger can be used for making any payment on account of GST. The ITC Ledger will reflect the Input Tax Credit as self-assessed in monthly returns. The credit in this ledger can be used to make payment of TAX ONLY and not other amounts such as interest, penalty, fees etc. We inspire growth Kapgrow Corporate Advisory Services Private Limited

43. Imports under GST The GST law states that a supply of goods in the course of import shall be deemed to be a supply of goods in the course of inter-state trade and accordingly leviable to Integrated Goods & Service Tax (IGST). Presently, the customs duty is having three major components BCD, CVD & SAD. Under GST regime, levy of IGST on imports would subsume CVD & SAD. We inspire growth Kapgrow Corporate Advisory Services Private Limited

44. Foreign Supplier - Who will Pay Tax?? In case the supplier is not registered and supplies goods and / or services to a registered person, the IGST shall be paid by the RECEPIENT on a Reverse Charge basis and the recipient shall be liable for ensuring all the compliances under this law. We inspire growth Kapgrow Corporate Advisory Services Private Limited

45. Imports – When to Pay Tax?? In case of imports, the IGST on goods shall be levied and collected as per the provisions of Customs Tariff Act, 1975 at the point when duties of Customs are levied on the said Goods as per the Customs Act, 1962. We inspire growth Kapgrow Corporate Advisory Services Private Limited

46. Supply includes Transfers GST introduces the concept of seamless flow of input tax credit across the supply chain (from manufacture till it reaches the consumer) and across state borders. Secondly, supply being the taxable event under GST, the concept of Manufacture, Trade and provision of services become irrelevant.  The term Supply includes transfers. The taxability of certain specific supplies without consideration implies that stock transfer under GST is taxable. It becomes imperative for organizations to understand its implication. We inspire growth Kapgrow Corporate Advisory Services Private Limited

47. Branch Transfers Under Central Excise, a registered manufacturer making a stock transfer of excisable goods, should pay excise duty on 100% +10% of cost of production and under VAT, on furnishing Form F, stock transfers are not taxable. However, input VAT on purchase of goods should be reversed at certain percentage which differs from state to state.  Under GST, levy of tax is on Supply which includes transfers and with the definition of distinct person, branches need to be treated as a different entity.Accordingly, any stock transfers are taxable in the following two cases:  Intra-state stock transfer: Only when an entity has more than one registration in one state Inter StateStock transfer: Transfer between two entities located in different states is taxable We inspire growth Kapgrow Corporate Advisory Services Private Limited

48. Branch Transfers However, under GST, tax paid on stock transfer will be fully available as input tax credit. Thus, it eliminates the cascading effect and as a result, the product will be cost effective.  With GST, all the declaration forms will be abolished. As a result, there will be no need to furnish any forms for stock transfers. This will ease the process of stock transfers by eliminating the time and effort involved in such activities.  In GST, transaction value is broadly considered as the value on which GST is levied. In case of stock transfers, transaction value cannot be applied since transfers are done without consideration. The complexity will still remain under GST era. The tax will likely be valued on par with goods of like kind and quality, or similar methodology of considering the cost of production plus profit. Clarity on this will emerge when the GST rules are finalised.  We inspire growth Kapgrow Corporate Advisory Services Private Limited

49. E-way Bills The E-way Bills will replace the waybills and transport bills that transport companies use today. E-way Bill is a pre-signed order for transport of goods that is obtained electronically through the GSTN (Goods and Services Tax Network). A consignment, which is worth Rs. 50,000 in value, cannot be transported without an e-way bill.  The e-way bill has to be generated before the goods are transported and the transporter can choose to carry it with them even though a physical proof is not needed. The bill can be generated by both registered and unregistered persons, or by the transporter. The total value of the consignment is considered when generating the bill and not the maximum value of individual items. The person generating the e-way bill has to fill certain forms and provide relevant information about the consignment to comply with the rules. We inspire growth Kapgrow Corporate Advisory Services Private Limited

50. Guidelines for E-way Bills • A new e-way bill must be generated whenever the mode of transport of a consignment is changed.  • When more than one consignment is transported across state borders, the serial number for the e-way bill associated with each consignment must be indicated on the common portal.  • E-way bills generated for goods not transported must be cancelled within 24 hours. They cannot be cancelled if verified during transit.  • Recipient of the consignment must accept or reject the bills. The system will assume the bill has been accepted if no alternate communication is provided within 72 hours.  • The person in-charge of the conveyance must carry certain documents such as the invoice or bill of supply for verification.  • The transporter can also carry the details of the e-way bill on an RFID device (Radio Frequency Identification Device).  We inspire growth Kapgrow Corporate Advisory Services Private Limited