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EduPristine For [GST - Business Accounting & Taxation]
Agenda
1) Introduction
2) Concept of GST
3) Benefits and Flaws of GST
4) Current Indirect Tax Structure
5) GST Story so far
6) GST Model
7) GST Registration
8) GST Payment and Refund
9) GST Returns
10) Fiscal Impact of GST
11) GST Accounting Entries
12) Composition Scheme
13) GST Sector Impact
14) Penalty provisions
Mr. Rakesh, being in the FMCG industry is concerned about the impact of GST regime on his
company. He is very curious to chart roadmap to realign firm's strategy accordingly. He has hired
Mr. Abhi, a renowned tax consultant, to advice him on streamlining operations and preparing the
guidelines to be followed after the introduction of goods and services tax (GST).
He wants Mr. Abhi to help him in the following areas
Understand key areas of impact in their business
Prepare different scenarios for the design and application of GST
Continually track policy development regarding GST and update prepared scenarios
Identify any areas of adverse impact and prepare contingency measures
Identify issues and concerns requiring representation to authorities and develop a strategy for effective
advocacy
Abhi replied, Rakesh let me first given you a brief background of GST
GST is a value added tax, levied at all stages of the supply chain, right from manufacture to final
consumption, where credit shall be allowed for taxes paid at previous steps as set-off
GST would be applicable on the supply of goods or services, as against the present concept of tax on the
manufacture and sale of goods or provision of services
GST would be a destination based consumption tax ie, tax would accrue to the taxing authority which
has jurisdiction on place of compsumption.
GST would apply to both goods and services barring a few exceptions
GST would be levied concurrently by both Centre and State. GST to be levied by the Centre on
intraState supply of goods and / or services would be called the Central GST (CGST) and that to be
levied by the States would be called the State GST (SGST).
However it is contemplated that the base and other essential design features would be common
between CGST and SGST, across SGSTs for the individual States
Inter-State supplies within India would attract an Integrated GST (aggregate of CGST and the SGST of the
destination State).
Destination based Consumption type GST should be adopted as it contributes towards increased international
competitiveness and sustainability of domestic industries Under Destination based Tax, exports are not taxed but
imports are..
Rakesh asks Abhi, whether GST shall replace all the indirect taxes?
Abhi replies, this new levy, GST would replace almost all of the indirect taxes. In particular, it
would replace the following indirect taxes:
Rakesh asks Abhi, But do we need GST, when we already have Indirect tax legislations?
Abhi explains having GST in place of existing indirect tax legislations, can lead to following
benefits:
Reduction in multiplicity of taxes and thereby also mitigating
cascading/ double taxation
Currently there is a lack of common integrated market in India,
as different tax rates are levied on same product under existing
Benefits to Assesse VAT / Sales Tax under different States. With the implementation
of GST it is possible to create one national market in India
With the implementation in GST it shall be possible to bring
more certainty and equity in tax laws and thereby reducing
litigations
Rakesh further asks Abhi, Do you think there are any flaws under GST Model?
Abhi states, Yes even GST has few flaws, such as:
Local dealers have to pay CGST in addition to SGST (earlier they had to pay just VAT).
There shall be no differentiation between goods & services under GST model, services supply
within the state would attract SGST at each stage in the supply chain ,but in the mean time Assesse
have to pay CGST also.
Introduction of GST model could affect negatively (than positively) to few Industries/sectors.
Under the GST Model , the state should face heavy losses in terms of tax collection but they also get
compensated on the other hand by the states. Infact some states are of the view that there should
not be any time frame for compensation scheme.
Abhi further illustrates the current tax structure in India and tax structure post implementation of
GST
Tax Structure
Entry Tax,
Customs Excise Service Tax VAT Luxury Tax,
Lottery Tax, etc.
Tax Structure
Indirect Tax
Direct Tax
(Except Customs)
Finance Empowered Committee EC finalized its First Discussion IT strategy for GST
(EC) of State Finance released
Minister in the overall strategy paper on GST
Ministers constituted Constitutional
budget speech Joint Working Group for GST structure was released Amendment Bill,
proposed (JWG) CST rate further 13th Finance placed before the
01.04.2010 as JWG submitted its report reduced from 3% Commission Parliament and
on GST to EC referred to
date for to 2% released its
CST rate reduced from 4 Standing
introduction of to 3% Report on GST Committee (SC)
GST
Rakesh, So Abhi, now, since Rajya Sabha has pass the GST bill, GST shall be effective and we
would be required to implement the GST instead of other indirect taxes?
Abhi, No Rakesh, not yet, following steps are pending
GST Bill needs ratified by at least half of the State assemblies^
Presidents assent for the enactment of GST
After Presidential assent, a GST Council comprising representatives from Centre and State shall be set up
GST Council will help codify Central and State GST laws which would be passes by Parliament and State
assemblies
GST Network, the online portal to facilitate registration, payment, return filing to be launched.
^As on 1-Sep-2016, 16 States have ratified the GST Bill, so now Bill shall be sent for Presidents assent
In the GST system, both Central and State taxes will be collected at
the point of sale.
CGST /SGST shall be levied on all intraState supplies of goods and/or
Rates for CGST and SGST should be common across the states and shared between Central &
State.
There is no proper rate spelt till date, however, there are different rates suggested by different
bodies.
Four rate structure for goods proposed:-
Standard Rate
Lower Rate necessary items
Special Rate precious metals
Exempted Items
Exempted List to be finalized considering the goods and services of national importance and local
importance.
Exports of Goods and Services to be Zero-rated.
It is likely that the GST rate should lie in the range of 16% to 20%
EduPristine For [GST - Business Accounting & Taxation] 16
GST Illustration
Illustration 1
Mr. X manufactures goods. He purchased goods locally for INR 100,000 and incurred expenses of
INR 10,000. Manufactured Goods are sold for INR 125,000. Computed Sale Price. (Assuming CGST
@ 8%, SGST @8% and IGST @16%)
Wholesaler shall claim input credit of taxes paid on input goods and
Wholesaler services from manufacturer
After taking input credit, it pay the output liability on value additions
Retailer shall claim input credit of taxes paid on input goods and
Input tax credit on account of CGST can be utilized for CGST and IGST liability, in this order.
However CGST input cannot be utilized towards payment of SGST output.
Input tax credit on account of SGST can be utilized for SGGT and IGST liability, in this order.
However SGST input cannot be utilized towards payment of CGST output.
Input tax credit on account of IGST can be utilized for IGST, CGST and SGST, in this order.
Case 1 -
A trader has purchased goods locally by paying CGST & SGST. He subsequently sells the goods within the
state then he has to pay CGST & SGST.
At the time of payment of CGST, he can claim the set off of CGST (input) credit and also at the time of
payment of SGST, he can claim the set off of SGST (input) credit. But CGST (input) credit cannot be set
off with SGST and vice-versa.
Case 2 -
A trader has purchased goods locally by paying CGST & SGST. He subsequently sells the goods outside
the state then he has to pay IGST.
At the time of payment of IGST, he can claim the set off of CGST & SGST (input) credit.
Case 3 -
A trader has purchased goods outside the state by paying IGST. He subsequently sells the goods within
the state then he has to pay CGST & SGST.
At the time of payment of CGST & SGST, he can claim the set off of IGST (input) credit.
Case 4 -
A trader has purchased goods outside the state by paying IGST. He subsequently sells the goods outside
the state then he has to pay IGST.
At the time of payment of IGST, he can claim the set off of IGST (input) credit.
Illustration 2
Mr. X manufactures 10,000 units of goods. He sold 5,000 units of goods within the state, 3,000
units outside the state and the balance 2,000 units is stock transfer outside the state. Goods were
sold to wholesaler @ Rs. 10 per unit. (Consider ITC in the hands of Mr. X, Rs. 6,000 and Rs. 4,000
for CGST and SGST respectively
Wholesaler sold all the goods @ 14 per unit to retailer
Wholesaler sold all the goods @ 16 per unit to final consumer.
Compute GST Liability (Assuming CGST @ 8%, SGST @8% and IGST @16%).
Total SGST input Rs. 4,000. First utilized Total CGST input Rs. 6,000. First utilized
against SGST output Rs. 4,000 and balance against CGST output Rs. 4,000 and balance
for IGST output Nil for IGST output Rs. 2,000
Abhi to Rakesh, please pay special attention to registration procedure as you will be require to
follow the same. Abhi started explaining the registration procedure stating.
Who shall obtain registration?
Every person who is registered or holds a registration certificate under Central Excise law, Service tax
law, Central Sales tax or under State VAT law shall be liable to be registered under GST with effect
from date of enactment of GST
In Case of a person who is not registered under any of the above act shall be liable to be registered
under this act if his turnover in financial year exceeds the taxable threshold.
The threshold limit of turnover for the purpose of registration is kept Rs. 4 Lakhs for North East States
including Sikkim and Rs. 9 Lakhs for other States.
For this purpose turnover means all India Gross Annual turnover including turnover of exempted goods,
exempted services and exports. So if any person is doing the business from more than one location,
turnover of all such units shall be considered for this purpose.
If the turnover is below the threshold limit, then the person can also apply for voluntary registration
Further, a person doing following activities, has to mandatorily apply for registration irrespective of
his turnover:
Inter-state supply; Person liable for payment of GST under reverse charge basis; Casual Taxable
person; Non-resident taxable person; Person Supplying a goods on behalf of other person as an agent
or otherwise; Input service distributor; Person supplying goods and/or services [other than branded
goods] through electronic commerce operator; Electronic commerce operator; An aggregator
supplying goods under his own brand name
Currently for the purpose of registration under Central & State Law,
50 to 107 fields are required to be filled in.
Under proposed GST, 120 fields are designed for registration. So for the
balance gap fields, data will have to be collected from the taxpayer.
Collection of
additional The GSTN shall provide a provisional registration The user name and
information password shall be communicated to tax authorities who shall
communicate the same to taxpayer.
After getting user id and password, taxpayer will have to complete the
remaining details of registration form along with the requisite document
within the stipulated time.
Payment of GST made towards tax, interest, penalties shall be paid online using debit /credit
cards, NEFT etc. which will be credited to electronic cash ledger account.
Self-assessed ITC claimed in the return shall be credited to electronic credit ledger account.
Payment towards tax, interest, penalties can be made from electronic cash or credit ledger
accounts
subject to the rules, conditions prescribed.
Interest period shall be calculated from the first day such tax was due to be paid.
TDS provisions:
Specified persons shall deduct TDS @1% of the contract value where it exceeds Rs.10 lakhs.
TDS deducted shall be paid within 10 days of the end of the month of deduction and the
certificate to be furnished in 5 days of payment of tax.
The late fee for furnishing of the certificate is Rs.100/ day subject to Rs.5000.
Refund provisions have been simplified and made more taxpayer friendly under GST regime.
Refund for an amount can be claimed within a period of 2 years from the relevant date.
Refund to be granted on the principal of unjust enrichment. If amount claimed is less than
Rs.5,000, then only self-declaration to be made, otherwise documentary evidences to be
furnished to establish no unjust enrichment.
The said limitation does not apply in case of payments made under protest.
Un-utilized ITC can be claimed as refund in case of inverted duty structures and exports
(accumulation of ITC)
Proper officer may grant provisional refund of 80% of the claim and the rest 20% can be refunded
after due verification of the documents.
Order of refund shall be issued within 90 days of the receipt of application.
Interest at the prescribed rates will be paid for delay in case of refund beyond 3 months.
In cases of unjust enrichment, refund order shall be granted and the amount shall be credited to
the Consumer Welfare Fund.
Refund of un-utilized credit is also allowed in case of export of goods/services except in cases
where export duty is payable and inverted duty structure.
Rakesh ask Abhi, What will be the procedure to fill return under GST Regime?
Abhi replied, let me explain you in detail how and when to fill GST Return
Under GST, every registered person would be required to file a GST return for the prescribed tax
period.
Even those entities having a GST registration but no activity would be required to file a GST, Nil
Return to stay compliant with GST regulations.
GST Returns must be filed online. There would also be a facility to prepare the returns offline and
upload the same into an online portal.
Government entities / PSUs , etc. not dealing in GST supplies or persons exclusively dealing in
exempted / Nil rated / non GST goods or services would neither be required to obtain
registration nor required to file returns under the GST law
GST returns should be filed after payment of self-assessed tax as per the return. In case of non-
payment of taxes return would be treated as an invalid return
Abhi emphasized that
No returns can be furnished if return for last tax period not furnished.
Type of
Sl. No. Return for Due Date To be filed by
return
Outward supplies made by taxpayer 10th of the next
1 GSTR 1 (other than compounding taxpayer month
and Input Service Distributor[ISD])
All regular tax payers
Inward supplies received by a 15th of the next
and casual/ non-
2 GSTR 2 taxpayer (other than a compounding month
resident tax payers
taxpayer and ISD)
Monthly return (other than 20th of the next
3 GSTR 3
compounding taxpayer and ISD) month
Quarterly return for compounding 18th of the month Compounding taxpayers
4 GSTR 4
taxpayer next to quarter
Periodic return by Non-resident 7 days from last day Non-resident tax payers
5 GSTR 5
foreign taxpayer of registration
Return for ISD 13th of the next Input Service
6 GSTR 6
month Distributors
Return for Tax Deducted at Source 10th of the next Person deducting GST
7 GSTR 7
month at source
Annual Return 31st December of All regular tax payers
8 GSTR 8
next FY
EduPristine For [GST - Business Accounting & Taxation] 41
Steps for Return Filing
Step 6: Taxpayers will finalize their GSTR- 1 and GSTR-2 by using online facility at Common Portal or
using GSTN compliant off-line facility in their accounting applications, determine the liability on their
supplies, determine the amount of eligible ITC on their purchases and then generate the net tax
liability from the system for each type of tax. Cash details as per personal ledger/carried forward
from previous tax period, ITC carried forward from previous tax period, ITC reversal and associated
Interest/Penalty, taxes paid during the current tax period etc. would get auto-populated in the GSTR-
3.
Step 7: Taxpayers will pay the amount as shown in the draft GSTR-3 return generated automatically
at the Portal post finalization of activities mentioned in Step 6 above.
Step 8: Taxpayer will debit the ITC ledger and cash ledger and mention the debit entry No. in the
GSTR-3 return and would submit the same.
Rakesh having good understanding of how GST works, questioned Abhi about fiscal impact of GST
on different businesses. He wants to understand the impact on manufacturers, traders and service
providers including the inter-state transactions.
Rakesh to Abhi, can you please explain the fiscal impact of GST on various stakeholders?
He also asked Abhi to use numbers to explain the impact on each of them.
Abhi replied, okay let me try putting numbers along with different scenarios the manufacturers,
traders and service providers will deal with.
He further said, to better understand the impact lets first know the current (existing) tax structure
and then take a hypothetical business scenario under which he would compare both existing and
proposed GST situation.
Remarks No credit of a Central tax allowed against a State tax, and vice-versa
Import of raw
materials from
outside India
Manufacture of
Local Procurement of goods at factory
Customers
goods from &
manufacturers / located within /
Repair and outside India
Traders
Maintenance
Services
Procurement of
services
Rate Card
Present Rate (percent) Proposed Rate (percent)
Applicable on
Central State CGST SGST
15 - Services 8 to 10 8 to 10
12.50 12.5 to 15 Goods (Standard) 8 to 10 8 to 10
Goods (MRP) Effective rate of tax ~ Variable Effective rate of tax ~ 16% to 20%
Illustration 3
Mr. X manufactures goods in West Bengal and transferred to its Maharashtra Depot and goods
were sold from Maharashtra Depot. Calculate total tax payable and total sales price under current
tax regime and proposed GST scenario (Assuming value of Goods Rs. 100,000, Profit Rs. 10,000
Excise Duty @ 12.5%, Maharashtra VAT @ 5.5%, CGST @ 8%, SGST @ 8% and IGST @ 16% )
Current Scenario
Under current scenario, no credit of excise duty against VAT, hence VAT to be computed on Stock
transfer value + Excise Duty + Profit ie, 5.5% of (100,000 + 12,500 + 20,000)
Further, no credit available for payment of VAT
Total tax payable = Excise Duty + VAT = 12,500 + 7,288 = 19,788
GST Scenario
Under GST scenario, input credit of IGST shall be available, hence, CGST and SGST to be calculated
on Stock transfer value + Profit ie, 16% of (100,000 + 20,000)
CGST payable = Output CGST Less Input IGST = 9,600 9,600 = Nil
Balance IGST input after set-off of CGST = 16,000 9,600 = 6,400
SGST payable = Output SGST Less Input IGST = 9,600 6,400 = 3200
Total tax payable = IGST payable + CGST payable + SGST payable = 16,000 + 0 + 3,200 = 19,200
Illustration 4
Mr. X manufactures goods in West Bengal and sales the same to a Buyer in Maharashtra. Calculate
total tax payable and total sales price under current tax regime and proposed GST scenario
(Assuming value of Goods Rs. 100,000, Profit Rs. 10,000 Excise Duty @ 12.5%, Maharashtra VAT @
5.5%, CGST @ 8%, SGST @ 8% and IGST @ 16% )
Total tax paid to Government 15,150 Total tax paid to Government 20,000
Cost to Buyer 135,150 Cost to Buyer 136,000
Product
Input Manufacturer A B Dealer C Consumer
Manufacturer
Input Product
A B Dealer C Consumer
Manufacturer Manufacturer
Export of
services
2 Local purchases
No tax
payable Excise duty ITC can be claimed
3 VAT No ITC available
Customer Supplier
Export of
services
2
Likely no tax
payable Local purchases
3 GST ITC can be claimed
Customer Supplier
Abhi further explains the impact of GST on imports i.e, when goods are purchased from outside
India
Imported by Manufacturer:
Under Current Scenario Under GST Scenario
Imported by Trader:
Balance Sheet
Liabilities Rs. Assets Rs.
Reduction in capitalized value
Capital XXX Fixed assets XXX on account of possible input
credits
After having high level of understanding of impact on financials, Rakesh wants to know how daily
business transactions will be recorded under GST regime.
Rakesk, Abhi please explain how journal entries related to business transactions will be recorded
having said that GST is in action.
Knowing Rakesh desire to understand how books of account will be maintained, Abhi replied
Lets look at examples having few business transactions
Illustration 6
1) Mr. X purchased goods for Rs. 100,000 locally
2) Mr. X sold goods for Rs. 150,000 locally
3) Mr. X received consultancy services for Rs. 20,000 locally
4) Mr. X purchased capital goods for Rs. 50,000 locally
Abhi explained the detailed Journal Entries (assuming CGST @ 8% and SGST @ 8%, amount above
exclusive of taxes) of the above transactions
Total CGST input = 8,000 + 1,600 + 4,000 = 13,600 ; Total SGST input = 8,000 + 1,600 + 4,000 = 13,600
Total CGST output = 12,000; Total SGST output = 12,000
Hence, no output tax payable, as input tax greater than output tax
Abhi, let me add one more example having set-off against GST output
Illustration 7
1) Mr. X purchased goods for Rs. 150,000 from outside the state
2) Mr. X sold goods for Rs. 150,000 locally
3) Mr. X sold goods for Rs. 100,000 outside the state
4) Mr. X received consultancy services for Rs. 20,000 locally
5) Mr. X purchased capital goods for Rs. 50,000 locally
Pass Journal Entries (assuming CGST @ 8%, SGST @ 8% and IGST @ 16%, amount above exclusive of
taxes)
Total CGST input = 1,600+4,000 = 5,600; Total SGST input = 1,600+4,000 = 5,600; Total IGST input = 24,000
Total CGST output = 12,000; Total SGST output = 12,000; Total IGST output = 16,000
CGST output after set-off of CGST input = 12,000 5,600 = 6,400 (A)
SGST output after set-off of SGST input = 12,000 5,600 = 6,400 (B)
IGST input after set-off of SGST output = 24,000 16,000 = 8,000 (C)
IGST input after set-off of CGST output = 8,000 (C) 6,400 (A) = 1,600 (D)
SGST output after set-off of IGST input = 6,400 (B) 1,600 (D) = 4,800
Rakesh further questioned that is there any composition scheme available under GST as available
under other Indirect tax laws?
The taxable person should not effect any inter-State supplies of goods and / or
services
Person opting to pay tax under the composition scheme is prohibited from
collecting tax
Taxable person opting to pay tax under the composition scheme will not be
eligible for any input tax credit.
There may be other conditions or restrictions which may be prescribed under the
Rules.
Example
A taxable person is engaged in the following business, all separately registered:
Sale of garments
Sale of electronics
Restaurants
In the above scenario, the composition scheme would be applicable for all the 3 business verticals
in total. Taxable person will not be eligible to opt for composition scheme say for sale of garments
and sale of electronics and opt to pay taxes under the regular scheme for Restaurants.
Rakesh further questions under what circumstances can there be penalties charges in GST?
Abhi replied, following table shows the conditions for penalty
Sr. No. Nature of Default Penalty Amount
Penalty for not Where a taxable person who is liable to be registered under this Act but
applying for fails to obtain registration, he shall be liable to penalty of higher of the
registration following:
Rs. 10,000/ or an amount equivalent to the tax evaded or the tax not
1. deducted or short deducted or deducted but not paid to the
Government or
Input tax credit availed of or passed on or distributed irregularly, or
Refund claimed fraudulently
Penalty of late Annual return: Rs. 100 /day for each day of default (max to 0.25%
filing of returns aggregate turnover)
2.
Other than annual return: Rs. 100 /day for each day of default (max
to Rs.5000)
Tax collected but Officer shall issue a show cause notice as to why said amount be not
3. not deposited deposited to the State or Central Govt. and the penalty equivalent to the
amount be not levied
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