GST

GST stands for Goods and Services Tax. It is an indirect tax set on the supply of goods and services.

Goods and Services Tax (GST) is an improved system over the previous Value Added Tax (VAT) in India. It applies a single tax rate on both goods and services. Unlike VAT, GST is a multi-stage, destination-oriented tax. It replaced several previous indirect taxes, such as VAT, excise duty, and service tax, levied by the central and state governments. This streamlined tax administration across the entire nation.

The Goods and Services Tax (GST) Act was passed in Parliament on March 29, 2017, and became effective on July 1, 2017.

The key purpose of implementing the Goods and Services Tax was to simplify the tax structure and create a uniform and integrated tax system to reduce the tax burden on businesses and consumers.

GST

What is GST? (Goods and Services Tax)

The full form of GST is Goods and Services Tax. It was first introduced in the Budget Speech presented on 28th February 2006. It laid the foundation for a complete reform of India’s indirect tax system. Finally implemented on 1st July 2017 as the Goods and Services Tax Act, the indirect taxation system thus went through a chain of amendments since its inception.

With this tax reform, GST replaced multiple indirect taxes that were levied on different goods and services. The Central Board of Indirect Taxes and Customs (CBIC) is the regulatory body governing all changes and amendments regarding this tax.

GST definition is easy to decode. It is a destination-based, multi-stage, comprehensive tax levied at each stage of value addition. Having replaced multiple indirect taxes in the country, it has successfully helped the Indian Government achieve its ‘One Nation One Tax’ agenda.

The tax is levied on goods and services sold within India’s domestic boundary for consumption. Implemented by a majority of nations worldwide with respective customisations, the tax has been successful in simplifying the indirect taxation structure of India.

GST is levied on the final market price of goods and services manufactured internally, thereby reflecting the maximum retail price. Customers are required to pay this tax on a purchase of goods or services as an inclusion in their final price. Collected by the seller, it is then required to be paid to the government, thus implying the indirect incidence.

The GST rates on different goods and services are uniformly applied across the country. Goods and services have, however, been categorised under different slab rates for tax payment. While luxury and comfort goods are categorised under higher slabs, necessities have been included in lower and nil slab rates. The main aim of this classification is to ensure the uniform distribution of wealth among residents of India.

History of GST and GST Information

Back in 2000, the then Prime Minister of India introduced the concept of Goods and Services Tax. He also formed a committee to draft new indirect tax law.

It, however, took 17 more years for its implementation. Meanwhile, the bill went through multiple introductions, amendments and rescheduling.

  • 2000 – Committee set up by the PM for drafting Goods and Service Tax law for India.
  • 2004 – A task force reported a need to implement this law and improve the indirect tax system in India.
  • 2006 – Goods and Services Tax introduction scheduled on 1st April 2010 by the Finance Minister of India.
  • 2007 – Decision to phase out Central Sales Tax (CST).
  • Consequently, CST rates were reduced to 3% from 4%.
  • 2008 – GST’s dual structure was finalised by the EC for separate legislation and levy.
  • 2010 – Postponement of GST introduction due to structural and implementation hurdles. A project launched for the computerisation of commercial taxes.
  • 2011 – Introduction of Constitution Amendment Bill for enabling the Goods and Services Tax Law.
  • 2012 – Discussion regarding the tax initiated by the Standing Committee; stalled due to lack of clarity regarding Clause 279B.
  • 2013 – GST’s report presented by the Standing Committee.
  • 2014 – The Finance Minister of India reintroduces the Goods and Services Tax Bill to Parliament.
  • 2015 – The Lok Sabha clears the bill, but it is stalled in the Rajya Sabha.
  • 2016 – Goods and Services Tax Network (GSTN) went live. The law’s amended model passed in both Houses of Parliament and received a nod from the President of India.
  • 2017 – The Cabinet approves four supplementary bills on GST cleared by the Lok Sabha and the Rajya Sabha. The Goods and Services Tax Law was implemented on 1st July 2017.

List of Taxes Subsumed after GST Implementation

Good service tax was introduced as a comprehensive indirect tax structure. With this introduction, the government aimed to consolidate all indirect taxes levied under one umbrella.

Thus, except for customs duty that is levied on the import of goods, Goods and Services Tax replaced multiple indirect taxes. This introduction helped overcome the limitations of its previous indirect tax structure regarding implementation and inefficiency in the collection process. 

Following is the list of indirect taxes that were subsumed by Goods and Service Tax-

  • Indirect Taxes Imposed by the Central Government

  • Central Sales Tax
  • Service Tax
  • Central Excise Duty
  • Excise Duty (Additional)
  • Countervailing Duty or Additional Customs Duty
  • Special Additional Customs Duties
  • Indirect Taxes Imposed by the State Government

  • State VAT
  • Entry Tax and Octroi Duty
  • Luxury Tax
  • Amusement and Entertainment Tax
  • Taxes on Advertisements
  • Goods and services related to cess and surcharges
  • Purchase Tax
  • Tax on betting, lottery and gambling.

What are the Types of GST?

1. Central GST (CGST) and State GST (SGST)

Wondering what is CGST? It is the tax collected by the central government on intra-state transactions. SGST plays a vital role in revenue generation for individual states. The rates of CGST and SGST are usually equal, and the total GST rate is the sum of both. 

2. Integrated GST (IGST)

Knowing what is IGST is important for parties involved in sale-purchase transactions. IGST is the tax collected by the central government on inter-state transactions. It also applies to imports and exports of goods and services. The rate of IGST is equal to the total GST rate applicable to the product or service. 

The integration of CGST, SGST and IGST within the GST framework creates a seamless tax credit mechanism allowing businesses to claim ITC of taxes paid at each stage of the supply chain, irrespective of the nature of supply.

3. Union Territories GST (UTGST)

What is UTGST? It is the tax the union territories collect on intra-UT transactions. It is similar to SGST, except for union territories without a legislature, such as Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Chandigarh. However, it does not apply to Delhi and Puducherry, as these UTs have a private legislature. 

How GST Works?

1. Manufacturer’s Perspective

A manufacturer must pay GST on the raw materials they purchase and the value they add to the product. For example, if a manufacturer purchases raw materials amounting to ₹100 and pays GST of 5%, the cost of the raw materials becomes ₹105. Then, he adds the value of ₹50 to the product and sells it for ₹155. The manufacturer has to pay a GST of 5% on ₹160, which is ₹8. However, he can claim an input tax credit of ₹5 for GST on the raw materials. Therefore, the net GST liability of the manufacturer is ₹3 (₹8 – ₹5).

2. Service Provider’s Role

A service provider is liable to pay GST on the purchased product and the value they contribute. For instance, if a service provider buys a product worth ₹200 and pays 5% GST, the product cost becomes ₹210. Adding ₹100 in value, he charges ₹320 for the service. While the GST liability of ₹320 amounts to ₹16, the service provider can claim an input tax credit of ₹10 (the GST paid on the product). Thus, the net GST liability is ₹6 (₹16 – ₹10).

3. Retailer’s Involvement

A retailer is liable to pay GST on the products acquired from distributors and the margin they add to the product. For instance, if a retailer buys a product worth ₹250 and pays 5% GST, the cost becomes ₹262.5. Adding a margin of ₹25, the retailer sells the product for ₹282.5. While the GST liability of ₹282.5 is ₹14 the retailer can claim an input tax credit of ₹12.5 (the GST paid on the product). Thus, the net GST liability is ₹1.5 (₹14 – ₹12.5). 

4. Consumer’s Perspective

A consumer is the final contributor to the GST system and has to pay GST on the purchased product. For example, if a consumer buys a product worth ₹300 and pays GST of 5%, the cost becomes ₹315. The consumer cannot claim any input tax credit, as the consumer is the product’s end user. Therefore, the consumer bears the entire GST burden of ₹15.

GST Rates and Slabs

The following table shows examples of goods and services falling under each tax bracket:

GST RateGoodsServices
0%Milk, eggs, fresh vegetables, salt, unbranded food grains, etc. Education, health, public transport, etc.
5%Sugar, tea, edible oils, domestic LPG, footwear (< ₹500), apparel (< ₹1000), etc. Railways, air travel, restaurants (without AC or liquor licence), etc.
12%Textiles, garments, butter, cheese, ghee, mobile phones, etc.Non-AC hotels, business class air travel, state-run lotteries, etc.
18%Biscuits, cakes, pastries, footwear (> ₹500), apparel (> ₹1000), steel, cement, etc. AC hotels, restaurants (with an AC or liquor licence), IT services, telecom services, etc. 
28%Luxury cars, motorcycles, aerated drinks, tobacco products, cinema tickets, etc.Five-star hotels, race club betting, amusement parks, etc.

FAQs

When was Goods and Service Tax (GST) implemented in India?

The GST was implemented at midnight on July 01, 2017. It came into effect after the Goods and Service Tax Act was passed in the Parliament of India.

What is the limit of GST?

For businesses that operate in most states, the GST limit for registration is an annual turnover of Rs. 20 lakhs (for the supply of services) and Rs. 40 lakhs (for the supply of goods).

GST Registration

B K Goyal & Co LLP Chartered Accountants
Email: [email protected]
Mobile: 9971782649

Documents required for GST Registration

Documents required for GST Registration depends on the form of business, documents required for different forms of business is as follows

CA in Jaipur
CA in Jaipur

In case of Proprietorship Firm

  1. PAN Card of Proprietor
  2. Aadhar Card of Proprietor
  3. Place of business address proof- Utility Bill
  4. Rent Agreement/NOC/Sale Deed of registered place of business
  5. Passport size Photo of Proprietor
  6. Details of Already registered GSTN number (if any)
  7. Nature of Business
  8. Trade Name
  9. Mobile Number
  10. Email ID
  11. Engagement Letter

In case of a Partnership Firm

  1. PAN Card of the Partnership Firm
  2. TAN Card of the Partnership Firm
  3. Certificate of Incorporation of the Partnership Firm
  4. Partnerhsip Deed of the Partnership Firm
  5. Authorisation Letter 
  6. Aadhar Card of all Partners
  7. PAN Card of all Partners
  8. Place of business address proof- Utility Bill
  9. Rent Agreement/NOC/Sale Deed of registered place of business
  10. Passport size Photo of all the Partners
  11. Details of Already registered GSTN number (if any)
  12. Nature of Business
  13. Trade Name
  14. Mobile Number
  15. Email ID
  16. Engagement Letter

In case of a Company

  1. PAN Card of the Company
  2. TAN Card of the Company
  3. Certificate of Incorporation of the Company
  4. MOA & AOA of the Company
  5. Authorisation Letter (Board resolution)
  6. Aadhar Card of all directors
  7. PAN Card of all directors
  8. Place of business address proof- Utility Bill
  9. Rent Agreement/NOC/Sale Deed of registered place of business
  10. Passport size Photo of all the directors
  11. Details of Already registered GSTN number (if any)
  12. Nature of Business
  13. Trade Name
  14. Mobile Number
  15. Email ID
  16. Engagement Letter

In case of any other body

  1. PAN Card of the body
  2. TAN Card of the body
  3. Certificate of Incorporation of the body
  4. MOA & AOA of the body
  5. Authorisation Letter (Board resolution)
  6. Aadhar Card of all members
  7. PAN Card of all members
  8. Place of business address proof- Utility Bill
  9. Rent Agreement/NOC/Sale Deed of registered place of business
  10. Passport size Photo of all the members
  11. Details of Already registered GSTN number (if any)
  12. Nature of Business
  13. Trade Name
  14. Mobile Number
  15. Email ID
  16. Engagement Letter
CA in Jaipur

All about Registration under GST Law

1. Introduction
In any tax system registration is the most fundamental requirement for identification of tax payers ensuring tax compliance in the economy. Registration of any business entity under the GST Law implies obtaining a unique number from the concerned tax authorities for the purpose of collecting tax on behalf of the government and to avail Input tax credit for the taxes on his inward supplies. Without registration, a person can neither collect tax from his customers nor claim any input tax credit of tax paid by him.

2. Need and advantages of registration
Registration will confer the following advantages to a taxpayer:
– He is legally recognized as supplier of goods or services. 
– He is legally authorized to collect tax from his customers and pass on the credit of the taxes paid on the goods or services supplied to the purchasers/ recipients. 
– He can claim input tax credit of taxes paid and can utilize the same for payment of taxes due on supply of goods or services.
– Seamless flow of Input Tax Credit from suppliers to recipients at the national level. 

3. Liability to register
GST being a tax on the event of “supply”, every supplier needs to get registered. However, small businesses having all India aggregate turnover below Rupees 20 lakh (10 lakh if business is in Assam, Arunachal Pradesh, Himachal Pradesh, Uttarakhand, Manipur, Mizoram, Sikkim, Meghalaya, Nagaland or Tripura) need not register. The small businesses, having turnover below the threshold limit can, however, voluntarily opt to register. The aggregate turnover includes supplies made by him on behalf of his principals, but excludes the value of job-worked goods if he is a job worker. But persons who are engaged exclusively in the business of supplying goods or services or both that are not liable to tax or wholly exempt from tax or an agriculturist, to the extent of supply of produce out of cultivation of land are not liable to register under GST. Also, if all the supplies being made by a supplier are taxable under reverse charge, there is no requirement for such a supplier to register in light of Notification No. 5/2017-Central Tax dated 19.06.2017.

4. Nature of Registration
The registration in GST is PAN based and State specific. Supplier has to register in each of such State or Union territory from where he effects supply. In GST registration, the supplier is allotted a 15-digit GST identification number called “GSTIN” and a certificate of registration incorporating therein this GSTIN is made available to the applicant on the GSTN common portal. The first 2 digits of the GSTIN is the State code, next 10 digits are the PAN of the legal entity, the next two digits are for entity code, and the last digit is check sum number. Registration under GST is not tax specific which means that there is single registration for all the taxes i.e. CGST, SGST/UTGST, IGST and cesses. A given PAN based legal entity would have one GSTIN per State, that means a business entity having its branches in multiple States will have to take separate State wise registration for the branches in different States. But within a State an entity with different branches would have single registration wherein it can declare one place as principal place of business and other branches as additional place of business. However, a business entity having separate business verticals (as defined in section 2 (18) of the CGST Act, 2017) in a state may obtain separate registration for each of its business verticals. Further a unit in SEZ or a SEZ developer needs to necessarily obtain separate registration.
• Generally, the liability to register under GST arises when you are a supplier within the meaning of the term, and also if your aggregate turn over in the financial year is above the exemption threshold of 20 lakh rupees (10 lakh rupees in special category states except J & K). However, the GST law enlists Registration under GST Law 4 GST FLYERS certain categories of suppliers who are required to get compulsory registration irrespective of their turnover that is to say, the threshold exemption of 20 lakh rupees or 10 lakh rupees as the case may be is not available to them. Some of such suppliers who need to register compulsorily irrespective of the size of their turnover are those who are,
• Inter-state suppliers; However, persons making inter-state supplies of taxable services and having an aggregate turnover, to be computed on all India basis, not exceeding an amount of twenty lakh rupees (ten lakh rupees for special category States except J & K) are exempted from obtaining registration vide Notification No. 10/2017-Integrated Tax dated 13.10.2017.
• A person receiving supplies on which tax is payable by recipient on reverse charge basis • Casual taxable person who is not having fixed place of business in the State or Union Territory from where he wants to make supply. However casual taxable persons making supplies of specified handicraft goods need not take compulsory registration and are entitled to the threshold exemption of Rs. 20 Lakh. Handicraft goods are specified in Notification no. 33/2017-Central Tax dated 15.09.2017 as amended by Notification no. 38/2017-Central Tax dated 13.10.2017.
• non-resident taxable persons who is not having fixed place of business in India 
• A person who supplies on behalf of some other taxable person (i.e. an Agent of some Principal) • E-commerce operators, who provide platform to the suppliers to make supply through it
• Suppliers of goods who supply through such e-commerce operator who are liable to collect tax at source. Persons supplying services through e-commerce operators need not take compulsory registration and are entitled to avail the threshold exemption of Rs. 20 Lakh as per Notification No. 65/2017-Central tax dated 15.11.2017.
• Those ecommerce operators who are notified as liable for GST payment under Section 9(5) of the CGST Act, 2017
• TDS Deductor
• Input service distributor
• Those supplying online information and data base access or retrieval services from outside India to a non-registered person in India. A casual taxable person is one who has a registered business in some State in India, but wants to effect supplies from some other State in which he is not having any fixed place of business. Such person needs to register in the State from where he seeks to supply as a casual taxable person. A non-resident taxable person is one who is a foreigner and occasionally wants to effect taxable supplies from any State in India, and for that he needs GST registration. GST Registration under GST Law  law prescribes special procedure for registration, as also for extension of the operation period of such casual or nonresident taxable persons. They have to apply for registration at least five days in advance before making any supply. Also, registration is granted to them or period of operation is extended only after they make advance deposit of the estimated tax liability. In respect of supplies to some notified agencies of United Nations organisation, multinational financial institutions and other organisations, a centralised unique identification number (UIN) is issued.

5. Standardisation of procedures
A total of 30 forms / formats have been prescribed in the GST registration rules. For every process in the registration chain such as application for registration, acknowledgment, query, rejection, registration certificate, show cause notice for cancellation, reply, cancellation, amendment, field visit report etc., there are standard formats. This will make the process uniform all over the country. The decision making process will also be fast. Strict time lines have been stipulated for completion of different stages of registration process. An application has to be submitted on line through the common portal (GSTN) within thirty days from the date when liability to register arose. The casual and non-resident taxable persons need to apply at least five days prior to the commencement of the business. For transferee of a business as going concern, the liability to register arises on the date of transfer. The Proper Officer has to either raise a query or approve the grant of registration within three working days failing which registration would be considered as deemed to have been approved. The applicant would have to respond within seven working days starting from the fourth day of filing the original application. The proper officer would have to grant or reject the application for registration within seven working days thereafter.

6. Amendment of Registration
Except for the changes in some core information in the registration application, a taxable person shall be able to make amendments without requiring any specific approval from the tax authority. In case the change is for legal name of the business, or the State of place of business or additional place of business, the taxable person will apply for amendment within 15 days of the event necessitating the change. The proper officer, then, will approve the amendment within next 15 days. For other changes like name of day to day functionaries, e-mail Ids, Mobile numbers etc. no approval of the proper officer is required, and the amendment can be affected by the taxable person on his own on the common portal. Generally, the amendments take effect from the date of application for amendment. Commissioner, however, has been given powers to permit amendments with retrospective effect.

7. Cancellation of Registration
The GST law provides for two scenarios where cancellation Registration under GST Law  of registration can take place; the one when the taxable person no more requires it (voluntary cancellation), and another when the proper officer considers the registration liable for cancellation in view of certain specified defaults (Suo-motu cancellation) like when the registrant is not doing business from the registered place of business or if he issues tax invoice without making the supply of goods or services. The taxable person desirous of cancellation of Registration will apply on the common portal within 30 days of event warranting cancellation. He will also declare in the application the stock held on the date with effect from which he seeks cancellation. He will also work out and declare the quantum of dues of payments and credit reversal, and the particulars of payments made towards discharge of such liabilities. In case of voluntary registration (taken despite not being liable for obtaining registration), no cancellation is allowed until expiry of one year from the effective date of registration. If satisfied, the proper officer has to cancel the registration within 30 days from the date of application or the date of reply to notice (if issued, when rejection is concluded by the officer). 

8. Revocation of Cancellation
In case where registration is cancelled suo-motu by the proper officer, the taxable person can apply within 30 days of service of cancellation order, requesting the officer for revoking the cancellation ordered by him. However, before so applying, the person has to make good the defaults (by filing all pending returns, making payment of all dues and so) for which the registration was cancelled by the officer. If satisfied, the proper officer will revoke the cancellation earlier ordered by him. However, if the officer concludes to reject the request for revocation of cancellation, he will first observe the principle of natural justice by way of issuing notice to the person and hearing him on the issue.

9. Physical verification in connection with registration
Physical verification is to be resorted to only where it is found necessary in the subjective satisfaction of the proper officer. If at all, it is felt necessary, it will be undertaken only after granting the registration and the verification report along with the supporting documents and photographs shall have to be uploaded on the common portal within fifteen working days. 

GST Registration FAQ's

Is it mandatory to take GST Registration ?

Yes, it is mandatory to obtain GST Registration if your turnover exceeds the specified amount

How much time it takes for GST Approval

It usually takes 3 working days for GST Approval, though in certain cases it might take 15 working days to get the approval

Is utility bill mandatory for GST Registration

Yes, utility bill is mandatory for GST Registration. Utility bill includes, electricity bill, telephone bill and water bill

Is rent agreement mandatory for GST Registration in the firm name

Yes, rent agreement is mandatory for GST registration in firm’s name/company name. In case, the registered place of business is in the name of the proprietor itself then rent agreement will not be required for GST registration, a simple consent letter/NOC will suffice