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  • Naren Raja Anerali

    Partner

    BA, LLB

    naren.raja@astrealegal.com

    Practices

    Employment &Labor ,Foreign Direct Investment,Contract,Banking & Finance,Debt Recovery,Land Law,Cyber Laws,Family Laws,Tribunals,Negotiable Instrument Act

Implementation of Goods and Services Tax (GST) igstn India: A Comprehensive Reform

A landmark tax reform, aimed at replacing the current complex structure of multiple indirect taxes with a comprehensive dual Goods and Services Tax (GST), is set to become a reality. With a clear roadmap laid down by the Finance Ministry, the Government of India is on course to fast-track the implementation of GST, effective from July 1, 2017.


Proposed GST Structure for India

The idea of implementing GST in India was first proposed in 2004 by the Task Force on Implementation of the Fiscal Responsibility and Budget Management Act, 2003 (Kelkar Committee). The committee observed that a nationwide dual GST would create a common market, expand the tax base, improve revenue productivity, and enhance economic efficiency.

Existing Indirect Tax Structure

Currently, India’s indirect tax system is fragmented, with both the Central and State Governments levying taxes:

  • Central Government Taxes: Customs duties, Central Excise Duty, Service Tax, etc.
  • State Government Taxes: Value Added Tax (VAT), Entry Tax, Octroi, etc.

This multiplicity of taxes has led to interconnected legislations, causing tax cascading, distortions, and inefficiencies, ultimately affecting GDP growth.

Limitations of the Current Tax System

  • CENVAT (Central VAT) does not tax value addition beyond the production stage.
  • No integration of VAT on inputs with Service Tax, leading to a cascading tax effect.

Proposed GST Model

The GST model will be a consumption-based VAT, ensuring that only final consumption is taxed. GST is expected to:

Integrate taxes on goods and services across the entire supply chain.
Capture value addition at every stage.
Eliminate tax cascading by allowing set-off at every level.

Key Features of the GST Model

  • Dual GST Structure: GST will have two components:
    • Central GST (CGST) – Collected by the Union Government.
    • State GST (SGST) – Collected by State Governments.
  • Destination-Based Taxation: Tax revenues will accrue to the state of consumption, not production.
  • Tax Credit Mechanism: Input Tax Credit (ITC) will be allowed across CGST and SGST, but cross-utilization between the two will be restricted.
  • Inter-State Transactions:
    • Integrated GST (IGST) will be levied on inter-state supplies.
    • CST (Central Sales Tax) will be phased out.

Indirect Taxes to be Subsumed Under GST

Central Taxes State Taxes
Central Excise Duty VAT/Sales Tax
Service Tax Entertainment Tax (except local bodies)
Additional Excise Duties Central Sales Tax (CST)
Excise Duty on Medicinal & Toilet Preparations Octroi/Entry Tax
Additional & Special Additional Duty of Customs Purchase Tax
Central Cesses & Surcharges on goods & services Luxury Tax, Lottery, Betting, and Gambling Taxes

GST Rate Structure

The GST Council has proposed a four-tier tax structure:

Tax Rate Products & Services
Exempt Food grains, milk, cereals, education, healthcare, hotel rooms below ₹1,000
5% Edible oil, sugar, tea, coffee, coal (reduced from 11.69%), life-saving drugs, small restaurants
12% Computers, processed food, fertilizers, non-AC hotels, business-class air tickets
18% Soaps, toothpaste, branded garments, telecom, IT services, financial services
28% Luxury goods, cars, aerated drinks, 5-star hotels, cigarettes (+cess)

Impact of GST Rate Structure

  • Coal taxation reduced from 11.69% to 5%, benefiting the power sector.
  • Essential FMCG items like soaps and toothpaste will see tax reductions.
  • Education & healthcare remain exempt to avoid inflationary impact.
  • Luxury items will attract higher tax + cess, ensuring revenue neutrality.

Input Tax Credit (ITC) & Seamless Tax Flow

Under the GST regime, Input Tax Credit will be structured as follows:

CGST credit can only be used for CGST payments.
SGST credit can only be used for SGST payments.
IGST credit can be used for any tax liability (CGST, SGST, IGST).
Cascading of taxes will be eliminated, making taxation more efficient.

Comparison of Current vs. GST Tax Regime

Non-GST Regime (Cascading Taxation)

✔ Manufacturer pays ₹13 in tax.
✔ Wholesaler adds ₹16.3 tax.
✔ Retailer adds ₹18.93 tax.
Total tax burden: ₹58.23 (paid by the consumer).

GST Regime (Elimination of Cascading Effect)

Total GST paid across the value chain: ₹16.
Final price paid by the consumer: ₹166 (₹150 + ₹16 GST).
Reduction in tax burden, making goods/services cheaper.

Industry-Specific Impact of GST

1. Food Industry

  • Exemptions for essential food items protect low-income consumers.
  • Minimal tax impact on processed food ensures price stability.

2. Housing & Construction

  • The sector is a major economic driver and will benefit from seamless tax credits.

3. FMCG Sector

  • The industry will expand rapidly, with lower tax rates boosting consumer demand.

4. Rail Transport & Logistics

  • Bringing rail transport under GST will enhance efficiency and tax compliance.

5. Financial Services & IT

  • GST on financial services will be based on explicit fees, similar to New Zealand’s model.
  • Software classification as goods or services will determine GST applicability.

Impact on Small Enterprises

Businesses below the threshold are exempt from GST.
Turnover-based taxation for small businesses between threshold & composition limit.
Larger SMEs will fall under GST, requiring compliance upgrades.

Offences & Penalties Under GST

Fake invoices, tax evasion, obstruction of tax officersStrict penalties apply.
Penalties range from ₹10,000 to 100% of tax evaded.
Imprisonment for severe tax frauds (1–5 years).

Refund Claims Under GST

Automatic refund processing within 90 days.
Interest payable for delays beyond 3 months.
Special refunds for exporters, UN bodies, embassies.

The Road Ahead for GST in India

The implementation of GST is set to transform India’s tax system, promoting:

A unified national market
Reduction in tax cascading
Ease of doing business
Enhanced compliance & transparency

With GST replacing multiple indirect taxes, businesses will experience reduced complexity, lower costs, and improved efficiency, ultimately boosting economic growth.