Category: GST Opinion

  • Which Countries in the World have GST?

    Goods and Services Tax (GST), referred to in some countries as Value Added Tax (VAT), is a consumption tax imposed on the sale of goods and services at each stage of production and distribution. This tax, ultimately borne by the final consumer, distinguishes itself from other tax structures. It is crucial not to conflate GST with General Sales Tax or Government Sales Tax, despite the shared acronym.

    GST—A Global Necessity or a Contested Reform?

    The adoption of Goods and Services Tax has indeed catalyzed significant changes in various nations’ economic landscapes. Unlike traditional consumption tax and sales tax regimes, GST purports to offer a streamlined approach to tax collection, enhancing revenue streams while ostensibly lowering production costs. This dual benefit ostensibly serves both consumers and producers. However, the actual impact on production costs and consumer prices remains a subject of debate, with some arguing that the cost savings for producers do not always translate to lower prices for consumers.

    GST’s role in fostering compliance and transparency is frequently lauded. By simplifying the tax system, it is said to promote a more straightforward and honest economic environment. Yet, this simplification can also mask complexities that arise in practice, especially for small and medium-sized enterprises (SMEs) that may struggle with the administrative burden of compliance. The harmonization of disparate tax structures, while facilitating smoother trade operations, can also lead to tensions between regional and national authorities over revenue distribution.

    The promise of economic growth attributed to GST is compelling, yet it is essential to critically assess the evidence. While some economies have experienced growth post-GST implementation, others have faced challenges such as initial inflationary pressures and adjustments in the supply chain that disrupt business operations. The assertion that GST significantly curtails tax evasion is also nuanced; while it does create a more traceable system, it requires robust enforcement mechanisms that may be lacking in some jurisdictions.

    Increased government revenue from GST is intended to fund developmental activities, which is a laudable goal. However, the effectiveness of this revenue in driving societal progress depends on transparent and accountable governance. In some cases, the anticipated benefits of GST have been undermined by inefficient allocation of funds and corruption.

    In summary, while the implementation of GST-like systems worldwide represents a significant shift towards modernizing tax regimes, its benefits are not universally experienced nor uncontested. The critical examination of GST reveals a complex interplay of advantages and challenges, underscoring the need for careful consideration and tailored approaches to its implementation.

    Global Adoption of the GST System

    The Goods and Services Tax (GST), though recognized under varying terminologies, has been widely adopted across the globe, transforming the landscape of indirect taxation. This comprehensive examination sheds light on the countries that have integrated the GST system, analyzing its impact and nuances across different regions.

    In the European Union (EU), the adoption of the Value-Added Tax (VAT) is ubiquitous among member states, serving as a cornerstone of their economic policy. Countries like Italy, Hungary, Luxembourg, Belgium, Germany, Spain, Sweden, and Austria have implemented VAT systems that significantly contribute to their fiscal revenues. The uniform adoption of VAT within the EU underscores its effectiveness in ensuring economic cohesion and financial stability across diverse economic landscapes.

    Outside the EU, the VAT system has found favor in a plethora of countries, each tailoring it to suit their economic contexts. Nations such as Brazil, China, Indonesia, Argentina, Switzerland, the United Kingdom, Oman, Peru, South Africa, Turkey, Vietnam, and Chile have all embraced VAT, reflecting its versatility and broad applicability. Japan’s version, known as the Japanese Consumption Tax (JCT), further illustrates the global adaptation of the GST framework.

    France’s pioneering role in introducing VAT in 1954 set a precedent that has seen approximately 174 countries worldwide adopt similar indirect tax systems. The recent implementation of VAT/GST by countries like India, New Zealand, Singapore, Australia, Canada, and the Maldives highlights the tax’s growing global footprint. These nations have recognized the advantages of a simplified tax structure, including enhanced transparency and more efficient tax collection mechanisms.

    The GST system’s widespread adoption underscores its ability to adapt to various economic environments while maintaining its core principles of fairness and efficiency. As more countries continue to refine their tax policies, the GST/VAT model remains a critical tool in fostering economic growth and stability on a global scale.

    The table below illustrates a few countries and their respective GST/VAT terminologies:

    CountryTerm for GST/VAT
    JapanJapanese Consumption Tax
    BrazilVAT
    ChinaVAT
    United KingdomVAT
    IndiaGST
    New ZealandGST
    AustraliaGST
    CanadaGST
    MaldivesGST

    VAT/GST vs. Sales Tax

    In the domain of consumption taxes, the contrast between VAT/GST and Sales Tax systems is profound, with each impacting the point of sale for goods and services in distinct ways. This critical interpretation explores the intricate mechanisms and broader implications of these taxation models.

    Sales tax, imposed solely on the final sale price of a product or service, is a singular, straightforward tax applied at the point of sale to the end consumer. In contrast, the Value Added Tax (VAT) operates on the principle of taxing the incremental value added at each production and distribution stage, making it a multi-stage tax. This distinction fundamentally alters the tax’s impact on the supply chain and consumer pricing.

    In a sales tax system, the seller bears the responsibility for tax collection and remittance, collecting the tax from the consumer at the point of sale and forwarding it to the government. The simplicity of this system contrasts sharply with the Goods and Services Tax (GST) model, where each business in the supply chain collects tax on the value it adds and remits this to the government. This requirement for meticulous record-keeping of transactions introduces a layer of complexity absent in the sales tax system.

    The scope of taxable transactions also differs significantly between these systems. Sales tax typically applies only to the sale of goods and services at the retail level, limiting its reach. Conversely, GST encompasses a broader spectrum of transactions, including intermediate and capital goods, imports, exports, and services. This expansive scope ensures a more comprehensive tax base but also demands more rigorous compliance mechanisms.

    Critically, sales tax is often perceived as regressive, disproportionately affecting lower-income consumers who spend a higher percentage of their income on taxable items. VAT, by contrast, can be structured to mitigate this regressiveness through exemptions or zero-ratings for essential goods and services, offering a more equitable taxation solution. This progressive potential of VAT underscores its appeal in many jurisdictions.

    Jurisdictions that employ a sales tax system instead of VAT/GST include Malaysia, the United States, and Puerto Rico. In Malaysia, the system is known as Sales Tax and Service Tax. In Puerto Rico, it is referred to as the Sales and Use Tax (SUT), while in the United States, it is simply known as Sales Tax. The choice of tax system in these regions reflects historical, economic, and political factors that influence their fiscal policies.

    Key Differences Critically Interpreted

    • Basis of Taxation: Sales tax’s focus on the final sale price simplifies the tax application but limits its reach. VAT/GST’s incremental taxation at each stage enhances revenue generation and economic transparency.
    • Administration: Sales tax’s straightforward collection by the seller reduces administrative burden but can lead to tax evasion at earlier production stages. GST’s requirement for detailed transaction records and multi-stage collection promotes accountability but increases complexity and administrative costs.
    • Taxable Transactions: The limited scope of sales tax to retail transactions can narrow the tax base, while GST’s broader coverage ensures a more comprehensive tax base, contributing to greater fiscal stability.
    • Progressivity: The regressive nature of sales tax impacts lower-income consumers more harshly, whereas VAT/GST’s potential for progressive structuring through exemptions can lead to a fairer tax burden distribution.

    Understanding these nuanced differences allows businesses and consumers to navigate the complexities of each system more effectively, ensuring compliance and optimizing financial planning within their respective frameworks. This critical examination highlights the strategic choices behind adopting either system and their implications on economic equity and administrative efficiency.

    Who Pays GST?

    The payment of Goods and Services Tax (GST) is subject to varying regulations across different countries, each prescribing distinct responsibilities for compliance.

    In most jurisdictions, the primary obligation to pay GST rests with the supplier of goods and services. This entails the mandatory registration for GST, collection of the tax from customers at the point of sale, and subsequent remittance of the collected amount to the government. However, in cases where the supplier is not registered for GST, the responsibility shifts to the customer under what is known as reverse charge mechanism. Here, the customer assumes the obligation to declare and remit the GST directly to tax authorities, ensuring compliance even if the supplier is not in the GST framework.

    The calculation of GST is based on the taxable supply of goods and services made by a registered entity during a specified period. The tax base for GST calculation represents the total consideration received or receivable by the registered supplier for the goods and services sold, net of any GST already included in the transaction price. This tax base is then subject to the applicable GST rate (or VAT rate, depending on the jurisdiction) to determine the amount of tax payable.

    It’s essential to note that countries may adopt specific rules and adjustments for determining the tax base under GST, particularly for complex transactions or specific business contexts. Companies operating internationally or engaged in specialized transactions must navigate these nuances to ensure accurate compliance with GST regulations.

    In conclusion, while suppliers typically bear the responsibility for collecting and remitting GST, the specifics of this responsibility can vary significantly across jurisdictions. Understanding these obligations is critical for businesses to maintain compliance and mitigate potential penalties associated with non-compliance.

  • GST turns 7 today—Lets reflect

    The Goods and Services Tax (GST), now a seven-year-old tax regime in India, has reached a notable level of stability, as evidenced by the consistent rise in collections over its journey. From an average monthly collection of Rs. 90,000 crore during its initial year in 2017-18, GST collections have surged to Rs. 1.68 trillion in 2023-24, marking an impressive 87% increase. This robust growth underscores the regime’s maturation and its crucial role in India’s fiscal landscape. However, further reforms are essential, particularly expanding GST to include petroleum products like petrol and diesel, reducing tax slabs, and lowering tax rates. Businesses are calling for these changes in the next phase of GST reforms—GST 2.0. Despite its progress, GST remains a work in progress, with its laws and procedures continuously evolving and being refined.

    The 53rd GST Council meeting, the first after the recent elections and the first in 2024, convened on June 22, 2024, in New Delhi. With a hiatus of over eight months since the last meeting, this session addressed numerous issues, especially in anticipation of the upcoming Union Budget in July 2024, which will introduce significant legislative changes. Chaired by the Finance Minister, the council aims to simplify compliance procedures for taxpayers, making them less burdensome and more straightforward.

    Following the 53rd GST Council meeting, the Central Board of Indirect Taxes and Customs (CBIC) issued 16 circulars, numbered 207 to 222, all dated June 26, 2024. These circulars clarify various aspects of taxability, place of supply, time of supply, and more, detailed in the ‘GST Update’ column.

    In a significant legislative overhaul, India’s longstanding criminal laws have been replaced as of July 1, 2024. The three new laws—Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)—supersede the British-era Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act. The BNS comprises 358 sections (compared to the IPC’s 511), including 21 newly identified crimes. These new laws are expected to simplify the legal framework and facilitate easier implementation. The GST law heavily relies on these statutes, particularly concerning criminal offenses, prosecution, search, and arrest.

    GST collections in India continued to grow in June 2024, albeit at a slower pace, with a year-on-year growth of 7.7%. This is a decline from the 12.4% and 10% growth observed in April and May 2024, respectively. Interestingly, the Ministry of Finance (MoF) has decided to cease the official monthly release of GST collection data, which had been a practice for the past seven years. Despite this, media reports indicate that the gross GST collection for June 2024 was Rs. 1.74 lakh crore. Additionally, the GST taxpayer base expanded to 1.46 crore in April 2024, up from 1.05 crore in April 2018.

    Indirect Taxation in India: Then vs. Now

    • Then: Multiple taxation systems with numerous levies and cesses.
    • Now: GST represents ‘one nation, one tax.’
    • Then: Cascading of taxes was prevalent.
    • Now: Seamless input tax credit is available for all taxes.
    • Then: VAT principles were fragmented.
    • Now: A holistic application under GST is observed.
    • Then: There were significant regional imbalances.
    • Now: Revenue distribution is more equitable.
    • Then: Barriers to inter-state trade existed.
    • Now: There is a seamless flow of goods.
    • Then: No e-way bills.
    • Now: E-way bills are implemented.
    • Then: Revenue collection was lower.
    • Now: Revenue collection has increased.

    Key Gains of GST Implementation

    • Integration of indirect taxes.
    • Online compliance mechanisms.
    • Substantial reduction in tax cascading.
    • Reduced physical interface with tax authorities.
    • Enhanced transparency in tax implementation.
    • Lower transaction costs and minimized unnecessary wastage.
    • Decreased corruption.

    Persistent Challenges and Issues

    • Distorted input tax credit.
    • Excessive and frequent compliance requirements.
    • Outdated mindset of officers.
    • Distrust between tax collectors and taxpayers.
    • Absence of an appellate tribunal.
    • Multiple tax slabs.
    • Lack of coordination within the GST administration.

    Significant Challenges Ahead

    • Interpretational issues.
    • Increased litigation and the need for an independent appellate forum.
    • Alternative compensation mechanisms for states.
    • Addressing fake invoices and rampant tax evasion.
    • Corruption within the system.
    • Divergent advance rulings.
    • Levying GST on petroleum products and electricity.

    Opportunities for Future Reforms

    • Comprehensive tax reforms.
    • Enhanced integration of the economy and contribution to GDP.
    • Improved ease of doing business.
    • Buoyant tax collection.
    • A transparent, accountable, and just tax administration.
    • Expansion of the tax base.
    • Increased employment opportunities, both direct and indirect.

    Strategic Suggestions

    • Adopt a more taxpayer-friendly attitude and mindset.
    • Implement a practical approach to handling taxpayers and non-compliance.
    • Ensure smooth and seamless input tax credit.
    • Provide a fair tax grievance redressal mechanism.
    • Ensure faster and unbiased adjudication.
    • Reduce the number of tax slabs and rates.
    • Prioritize reforms in GST rates and procedures.

    Notifications and Circulars Issued (Till 30.06.2024)

    Particulars20232024
    Central Tax5611
    Central Tax (Rate)201
    Integrated Tax5
    Integrated Tax (Rate)231
    Union Territory
    Union Territory (Rate)201
    Compensation Cess1
    Compensation Cess (Rate)3
    Circulars18 (189 to 206)16 (207 to 222)

    Most Litigated Issues in GST Over the Last Seven Years

    • Fake invoices and frauds.
    • Detention and seizure of goods and conveyances.
    • Mismatch in GSTR-3B and GSTR-2A (input tax credit).
    • Investigations and searches.
    • Arrests and bail procedures.
    • Transitional credit issues.
    • Cancellation and restoration of registration.
  • GST turned Seven—A Turning Point in Indian Economic Reforms

    Seven years after its historic implementation, the Goods and Services Tax (GST) stands as a cornerstone of India’s economic framework, heralding transformative change and solidifying its role as a pivotal fiscal reform. Let’s delve into the remarkable trajectory of GST and its far-reaching impact.

    As of June 1, 2024, the GST ecosystem comprises 1.46 crore active taxpayers, including 15.1 lakh composition taxpayers. The period from July 2017 to May 2024 witnessed the filing of 57.98 crore GSTR-1 returns, 71.31 crore GSTR-3B returns, and 2.51 crore CMP-08 returns by these taxpayers.

    The average monthly GST collections over the initial seven fiscal years (FY 2017-18 to 2023-24) reflected a robust trend, ranging from ₹89,000 crore to ₹1.68 lakh crore. The current fiscal year has already amassed a Gross GST revenue of ₹3.83 lakh crore, with the average monthly collection for FY 2024-25 at ₹1.91 lakh crore. The long-anticipated GST appellate tribunal is also set to be established, marking another significant milestone.

    The adoption of E-invoicing has been noteworthy. From October 2020 to March 2024, a staggering 562 crore E-invoices were generated, with April 2024 alone accounting for 21.63 crore, a 24% increase from April 2023. Notably, 77% of taxpayers with turnovers exceeding ₹500 crore have adopted E-invoicing, and compliance is highest (83%) among those with turnovers between ₹100 crore and ₹500 crore. Even 78% of taxpayers with turnovers below ₹5 crore are generating E-invoices. In FY 2023-24, the leading sectors for E-invoicing were electrical machinery equipment, mechanical appliances, iron and steel, bullion and jewellery, and construction services. Enhancing compliance through gentle nudges could further streamline this process.

    Similarly, from April 2018 to March 2024, 464.73 crore E-way bills were generated. April 2024 saw 9.66 crore E-way bills, a 14% increase from April 2023, highlighting the system’s stabilization and the trust it has garnered among taxpayers. This has facilitated ease of doing business and, through interventions based on E-way bill data, an additional ₹80 crore in revenue was collected in March 2024 alone from taxes and penalties.

    Council Recommendations

    The 53rd GST Council meeting brought forth pivotal recommendations, including changes in GST tax rates, measures to facilitate trade, and streamline compliance. A uniform 5% IGST rate on imports of aircraft parts and toolkits aims to boost Maintenance, Repair, and Overhaul (MRO) activities under specified conditions.

    Additionally, several clarifications were issued to mitigate taxpayer difficulties and ensure clarity and uniformity in trade practices. Despite its progress, GST remains a dynamic system, with the Council open to suggestions from trade and industry for further simplification.

    According to Deloitte India’s third edition of the GST@7 survey, confidence in the indirect tax reform has surged from 59% in 2022 and 72% in 2023 to 84% in 2024, advocating for progressive steps to elevate the regime.

    This commendable performance sets the stage for potential reforms such as tax rate rationalization, easing credit restrictions, implementing a compliance rating system, addressing parallel or multiple proceedings, unlocking working capital, and resolving issues related to the inverted duty structure. Continuous simplification, technological integration, and capacity building are imperative to sustain this momentum.

  • Analyzing the Current State of G-Sec Yields and Systemic Liquidity

    The financial landscape is witnessing some notable changes, particularly in G-sec yields and liquidity conditions. Let’s explore these dynamics in detail.

    G-Sec Yields and RBI’s Rate Decisions

    G-sec yields are anticipated to ease further, as the Reserve Bank of India (RBI) is expected to maintain the current interest rates in its upcoming June review. This decision comes amidst a backdrop of high credit growth within the banking system, with banks increasingly relying on Certificates of Deposit (CDs) and raising deposit rates in anticipation of rate cuts later this year.

    Liquidity Issues in the Financial Sector

    The banking sector is currently grappling with liquidity mismatches. Despite high credit growth, banks are turning to CDs and hiking deposit rates to manage funding. In stark contrast, the government enjoys a more comfortable liquidity position, likely due to slower spending amid the Model Code of Conduct and the Parliamentary elections.

    Between April 20 and May 21, 2024, the systemic liquidity deficit averaged ₹1.3 trillion, compared to a surplus earlier in April. The Union government’s cash balances significantly increased from ₹1.1 trillion on April 5 to ₹1.5 trillion by April 19, 2024. This surplus was further bolstered by substantial GST collections and subdued spending, pushing cash balances to ₹2.4 trillion by May 3, 2024.

    Government Cash Balances and Treasury Actions

    The government’s robust cash position has led to a reduction in planned Treasury bill issuances for Q1 FY2025 by ₹600 billion and the announcement of three buybacks of Government of India securities (G-secs) worth ₹1.6 trillion. However, the total accepted amount in the May 2024 auctions was limited to ₹178.5 billion, only 11.2% of the notified amount.

    These buybacks were expected to lower G-sec yields, and along with reduced T-bill issuances, were aimed at easing systemic liquidity. Despite these efforts, liquidity remains tight.

    RBI’s Dividend Transfer and Impact on G-Sec Yields

    The government’s cash balances likely increased further through May 2024, bolstered by the RBI’s unexpectedly large dividend transfer of ₹2.1 trillion, surpassing the budgeted ₹1.5 trillion. This windfall provides additional fiscal leeway for the government, potentially allowing for enhanced expenditures or sharper fiscal consolidation than initially planned.

    A smaller fiscal deficit target could mean lower G-sec issuances in H2 FY2025, supporting lower yields. The typical quarter-end tax inflows, coupled with sluggish government spending until the full budget in July 2024, suggest that systemic liquidity conditions will remain tight. Consequently, the RBI is expected to continue conducting Variable Rate Repos (VRR) to manage liquidity.

    Market Expectations and Future Yield Trends

    Following the RBI’s dividend transfer announcement, the yield on the new 10-year G-sec dipped to 7.0% on May 22, 2024. ICRA forecasts the 10-year G-sec yield to further ease below 7.0% as Indian Government Bonds are included in the JP Morgan Government Bond Index-Emerging Markets. For the remainder of H1 FY2025, ICRA expects the 10-year G-sec yield to trade between 6.80% and 7.15%. However, yields may approach the upper limit if rate cut expectations by the US Federal Reserve and the RBI’s Monetary Policy Committee (MPC) are delayed beyond Q3 FY2025.

    In the upcoming MPC review in June, a status quo on rates and stance is expected. Market participants will closely watch for indications on how the RBI plans to address the systemic liquidity situation in the coming months.

    Understanding these trends is crucial for navigating the current financial environment and making informed investment decisions.

  • Tipping Point—Analyzing GST Revenues and Reform Imperatives

    In a historic milestone, India’s Goods and Services Tax (GST) revenues surpassed ₹2 lakh crore for the first time in April. Typically, April sees the highest GST collections, driven by the fiscal year-end activities in March, when taxpayers finalize their books, hasten to meet tax deadlines, and rectify discrepancies as required by the revenue authorities. April’s GST collection reached slightly over ₹2.1 lakh crore, marking a 12.4% increase from April 2023’s ₹1.87 lakh crore, which was previously the highest monthly collection. While this impressive figure might not yet represent the new monthly norm, given the absence of year-end pressures, it suggests a robust trajectory for GST revenues. If the economic momentum continues and GST revenue growth sustains in the 11%-12% range seen last year, April 2023’s high of ₹1.87 lakh crore could emerge as this year’s average monthly benchmark. For context, last year’s average monthly revenues were ₹1.68 lakh crore, with the previous peak being April 2022’s ₹1.67 lakh crore.

    Finance Minister Nirmala Sitharaman hailed April’s GST revenue milestone as a “landmark,” crediting it to a resilient economy and enhanced collection efficiency. This achievement alleviates earlier concerns about the GST regime’s underperformance since its inception 82 months ago. Enhanced enforcement against fraud, such as fake invoicing, and stringent compliance measures have undoubtedly bolstered revenues. With central GST revenues surpassing last year’s targets, achieving the interim Budget goals for 2024-25 now demands less than 10% growth. The incoming government will face the relatively straightforward task of adjusting revenue targets in the full Budget. However, the pressing challenge lies in broadening the GST base and streamlining its complex rate structure to simplify the tax for consumers and investors, particularly now that revenue anxieties have diminished. Notably, the BJP’s election manifesto highlights the simplification of the GST portal for small businesses, while the Congress pledges a unified, moderate tax rate with minimal exceptions, no levies on agricultural inputs, and equitable revenue sharing with local bodies. Intelligent GST reforms, shaped by comprehensive stakeholder consultations, must be a priority for the new administration to rectify consumption barriers and pave the way for the next cycle of investment and growth.

  • Is the supply under SAC 998351 to be classified as an exempt supply or considered as a nil-rated supply?

    Is it deemed that SAC 998351, pertaining to veterinary services, qualifies as an exempt supply or a supply that is subject to nil-rated taxation?

    Answer — Nill Rated

  • Seizing the Opportunity — The Rise in GST Revenues

    GST revenues have shown a noteworthy 11.3% increase in the first five months of the fiscal year 2023-24, boasting an average monthly collection of ₹1.66 lakh crore, up from approximately ₹1.5 lakh crore in the previous year. This growth was fueled by the exceptional ₹1.87 lakh crore amassed in April, marking an even higher 11.5% surge in the first quarter. However, it’s crucial to note that this rapid ascent has begun to taper off in July and August, slowing down to 10.8% and 10.76%, respectively. These figures represent the slowest rate of increase since July 2021.

    August, specifically, recorded a three-month low in revenue at ₹1.59 lakh crore, compared to the three-month high of ₹1.65 lakh crore in July. Breaking it down further, revenues from goods imports rebounded with a 3% increase in August after contracting for two consecutive months, indicating a partial recovery in discretionary demand. Nevertheless, revenues from domestic transactions and services imports only saw a 13.8% growth in August, slightly slower than the 15.1% growth in July. The upcoming festive season might inject some growth from both revenue sources, but the resurgence of high inflation could skew spending patterns, favoring items preferred by high-income households while those with weaker incomes cut back on other expenses.

    It’s worth noting that the mandatory e-invoicing for firms with an annual turnover over ₹5 crore is expected to have a positive impact on this month’s revenues, streamlining the tax process. However, the full effects of this change won’t be apparent until two months later. Despite these fluctuations, the overall trajectory of GST revenues remains positive, bolstered by efforts to combat tax evasion and fake registrations. This should alleviate concerns about the initial years of lackluster collections under the GST regime.

    Furthermore, this presents an opportune moment to simplify and rationalize the complex multi-rate GST structure, a proposal put forth by the GST Council in 2021. While the Finance Ministry previously indicated that this rate adjustment should wait until inflation subsides, the current scenario suggests that delaying it further would impede growth potential. Skillfully executed tax rate changes could also assist in curbing inflation for essential goods.

    In any case, this undertaking will be intricate, necessitating ongoing discussions with the states. Thus, it would be prudent to reconstitute the ministerial group (GoM) tasked with recommending a new rate structure rather than starting the process anew a year later. This approach would ensure a more efficient and coordinated effort to address the complexities of the GST system.

  • GST For Freelancers In India

    Are you engaged in freelancing? Are you wondering about the necessity of GST registration for freelancers? Worry not, for we are here to provide assistance. In this article, we will delve into the key aspects of GST registration, its benefits, and the payment conditions relevant to freelancers.

    Who is required to undergo GST registration in India?

    GST registration might appear to involve a substantial effort. However, it’s important to note that it is not obligatory for everyone. Let’s shed light on the situations that demand GST registration:

    • If your business achieves a turnover exceeding Rs. 20 lakhs within a fiscal year, consider regular category states.
    • For individuals residing in special category states, the turnover limit is Rs. 10 lakhs.
    • If you receive payments for services categorized under OIDAR (Online Information and Database Access and Retrieval). This encompasses activities like internet advertising, cloud-based services, and intangible items such as e-books, digital entertainment (music, movies, online gaming), software, and other electronic data like video lessons.

    Significance of GST for Freelancers and its Benefits

    Given that the Goods and Services Tax (GST) functions as an indirect tax on the provision of goods and services in India, Indian freelancers are also liable to pay GST when their turnover surpasses Rs. 20 lakhs during a fiscal year.

    As freelancers, you do not experience unique advantages by registering for GST. The benefits linked with GST registration remain uniform for all. In this new GST framework, you have the convenience of filing tax returns online. The process involves creating an account on the GST Portal, logging in, and initiating the filing of your GST returns.

    A central benefit of registration lies in your ability to claim GST credit. This credit can be employed to offset future GST obligations, and you can also pursue a GST refund (subject to specific conditions). For instance, if your firm conducts advertising activities on platforms like Google to attract new clients, you are obligated to remit 18% of the total amount as GST.

    Essential Documents for GST Registration

    For the purpose of GST registration, the following documents are necessary:

    • Your photograph
    • Copies of your PAN and Aadhaar card
    • Proof of identification and residence
    • Recent bank account statement or a canceled check
    • Your digital signature
    • Utility bills such as electricity or telephone bill
    • Office lease agreement
    • No objection certificate

    Post GST Registration Procedures

    Upon submitting all required documents and completing the necessary formalities, adherence to the legal process is crucial. While issuing invoices, the GST amount must be included in the total billed amount. For instance, if your invoiced sum for a client is Rs. 25,000, after adding 18% GST, the total payable amount becomes Rs. 29,500.

    Upon collecting GST, it’s imperative to remit the collected amount to the government while filing GST returns.

    Payment Terms and Conditions for GST-Registered Freelancers

    Several terms and conditions concerning payments are pertinent to GST-registered freelancers:

    • GST rates for your services can vary from 0%, 5%, 12%, 18%, to 28%, based on the nature of your service. In the absence of a specified rate, a GST rate of 18% should be charged to your clients.
    • Following the receipt of your GST identification number, regular GST filing (both monthly and yearly) is mandatory, irrespective of your current annual turnover.
    • All payments must be conducted online. This necessitates filing 37 returns annually: three monthly filings and one annual return.
    • Delays in depositing GST proceeds might result in fines.
    • To ensure timely GST deposit, issuing invoices on the 1st of the subsequent month is advisable. This offers ample time to settle your monthly GST liability.
    • After fulfilling all applicable tax obligations, submission of a monthly summary return under GSTR 3B is required.

    GST Registration and Invoicing for Freelancers

    If you operate as a freelancer, your clients anticipate receiving invoices from you. While submitting an invoice, your client might deduct 10% Tax Deducted at Source (TDS) from each invoice.

    If your earnings fall below Rs. 20 lakhs (or Rs. 10 lakhs in special category states), GST registration is not compulsory even if you issue invoices.

    Freelancers registered under GST are required to adhere to the latest GST regulations set forth by the government.

    Invoices must include your name, address, GSTIN for freelancers, your client’s GSTIN, Service Accounting Codes (SAC), date, amount, and signature.

    In Conclusion

    Considering that your PAN and Aadhaar are linked to all your financial transactions, opting for GST registration is a prudent choice. While GST filing may seem daunting for many freelancers, engaging a chartered accountant (CA) with experience in freelancing and sole proprietorship will ensure compliance with the most current laws in effect.

  • Detecting Counterfeit GST Invoices — A Practical Guide

    In 2017, the Goods and Services Tax (GST) system was introduced with the explicit intention of simplifying taxation processes, supplanting numerous indirect taxes like VAT and service tax. For any business operating under the GST framework, the issuance of invoices is mandatory. These invoices must include a legitimate GSTIN, detailing the segmentation of Integrated GST, Central GST, and State GST. Yet, as with the inception of any novel system, unscrupulous individuals have seized the opportunity to exploit its nuances. The proliferation of spurious GST invoices has emerged as a significant conduit for tax evasion, casting a shadow over the credibility of the GST regime.

    Significantly, the unchecked rise of fraudulent activities through counterfeit GST invoices not only poses considerable challenges to small-scale enterprises but also jeopardizes the interests of consumers. This nefarious practice allows fraudsters to embezzle funds ostensibly collected as taxes from unsuspecting customers.

    Counterfeit GST Invoices

    The Union Finance Ministry highlights that counterfeit GST invoices are concocted by fraudsters to defraud both businesses and consumers, even in the absence of any genuine exchange of goods, services, or corresponding GST remittances. These fabricated invoices serve multiple illicit purposes, including tax evasion, conversion of Income Tax credits into liquid funds, recording fictitious transactions, and facilitating money laundering.

    Strategies for Detecting Counterfeit GST Invoices

    1. GSTIN Verification

    Individuals can diligently confirm the authenticity of a GST invoice by cross-referencing the provided GSTIN (Goods and Services Tax Identification Number) against the official GST portal: https://www.gst.gov.in/.

    1. Upon reaching the portal’s homepage, they should opt for the ‘Search Taxpayer’ function to corroborate the GSTIN listed on the invoice.

    2. If the GSTIN is genuine, the portal will promptly display the corresponding details.

    Decoding GSTIN Structure

    A further method to unveil spurious GST invoices is by deciphering the underlying structure of the 15-digit GSTIN. The initial two digits denote the state code, followed by the subsequent ten digits representing the seller’s or supplier’s PAN number. The 13th digit corresponds to the entity number of the same PAN holder, the 14th digit features the letter ‘Z,’ and the 15th digit is designated as the ‘checksum digit.’

    Reporting Incidences of Counterfeit GST Invoices

    Multiple avenues exist for reporting instances involving counterfeit GST invoices.

    1. Individuals can lodge their complaints through the ‘CBEC Mitra Helpdesk’ and ‘Raise Web Ticket’ on the official GST portal.
    2. Alternatively, they can direct their concerns via email to cbecmitra.helpdesk@icegate.gov.in.
    3. The GST official Twitter handle can also serve as a medium for engaging with the relevant authorities.

    In conclusion, the identification and subsequent reporting of fake GST invoices necessitate a pragmatic and proactive stance. By leveraging the recommended methods, stakeholders can contribute to upholding the integrity of the GST system and safeguarding the interests of both businesses and consumers alike.

  • MVIRDC Seeks Clarity on ITC for Capital Goods and GST Treatment of ESOPs

    The industry body has recently submitted a policy memorandum to the government, outlining a comprehensive set of 12 recommendations aimed at enhancing the efficiency of the indirect tax system, primarily through improvements to the GST portal. This move comes as a response to the prevailing challenges that taxpayers are currently grappling with.

    Despite strides made towards the ‘one nation, one tax’ objective with the implementation of Goods and Services Tax (GST), there remain distinct complexities due to multiple tax slabs and exemptions. In light of this, the industry body has put forth a series of pragmatic measures to address these issues and bring about greater clarity. An imperative among these measures is a call for clear guidelines regarding the application of GST on Employee Stock Option Plans (ESOPs), a matter that has triggered summonses and inquiries from GST authorities in specific states such as Karnataka. The memorandum asserts that prompt clarification by the government can preclude similar summonses and inquiries from emerging in other states.

    MVIRDC World Trade Center has voiced its recommendations directly to the Central Board of Indirect Taxes (CBIC) and the GST Council. The memorandum highlights the situation faced by service providers and goods exporters who allocate a significant portion of their expenditures to capital goods. Presently, these entities encounter challenges in obtaining input tax credit (ITC) for capital goods procurement when exporting their products or services without paying IGST under LUT (Letter of Undertaking). Despite the zero-rated status of exports under GST law, the existing formula does not facilitate the refund of input taxes, thereby posing an obstacle. To resolve this, the industry body proposes that the government ensures genuine exporters can benefit from zero-rated supply by granting input tax credits for capital goods procurement.

    In summation, the memorandum presents a pragmatic and actionable roadmap for refining the current indirect tax framework, addressing pertinent issues like GST on ESOPs and input tax credit on capital goods procurement. By taking heed of these recommendations, the government can steer the nation’s tax system towards enhanced coherence and efficiency, benefiting both taxpayers and the overall economy.

    Officer’s Authority and Limits in Vehicle Inspection and Interception Explained

    The powers vested in officers for the interception and inspection of vehicles under the GST regime warrant a closer look. Instances have arisen where GST inspection officials have caused delays in releasing goods in transit. They achieve this by scrutinizing factors such as the valuation of goods, the accuracy of goods classification, and the adequacy of tax payments. These officials possess the authority to verify documents like invoices and e-way bills. However, it’s crucial to note that their jurisdiction does not extend to investigating matters related to goods valuation, classification, and tax rates.

    Notably, there have been instances of High Court rulings asserting that, in accordance with GST Laws, these authorities lack the prerogative to detain cargo if proper e-way bills and invoices are furnished. In light of this, it is advisable for the Central Board of Indirect Taxes and Customs (CBIC) to issue clear directives to investigating officials, guiding them to abstain from withholding goods based on matters that do not fall within their purview.

    Add Functionality to the GST Portal

    Currently, the GST portal lacks the necessary features to accommodate the filing of multiple and supplementary claims when taxpayers genuinely overlook certain refund claims. To address this gap, the CBIC should implement new features within the portal that enable seamless filing for such cases. Furthermore, it would be prudent for the government to incorporate a mechanism for rectifying errors in both form GSTR 1 and GSTR 3B. This proposal aligns with the recommendation of the Karnataka High Court, which emphasized the importance of allowing taxpayers to rectify inaccuracies in these forms.

    Enable Real-time Data Transfer from Bill of Entry to Form GSTR 2B

    Businesses that import input materials encounter a predicament: they cannot promptly avail of input tax credit in the same month of import due to the lack of synchronization between data in the Bill of Entry and form GSTR 2B on the GST portal. Despite the availability of an option on ICEGATE to transfer Bill of Entry data to GSTR 2B, this process is not executed in real-time. To eliminate this hindrance, the CBIC should incorporate a feature that ensures the seamless and real-time flow of data from the Bill of Entry to form GSTR 2B within the GST portal. Such an enhancement would empower importers to swiftly claim input tax credits without unnecessary delays.

    Eligibility Confirmation for ITC/Refund of CVD & SAD Paid Before GST Era Transactions

    It’s essential to address the eligibility criteria for claiming Input Tax Credit (ITC) or seeking refunds for Countervailing Duty (CVD) and Special Additional Duty (SAD) payments made in transactions preceding the GST era.

    In situations where imports were carried out during the Central Excise regime prior to the GST’s enactment, certain provisional assessments have remained pending. The tax department has opted to maintain these assessments as provisional under the Customs Law in numerous instances. Once these assessments are eventually concluded, taxpayers will find themselves liable to settle the Countervailing Duty (CVD) and Special Additional Duty (SAD), alongside any differential customs duty. Unfortunately, within the current GST framework, individuals cannot assert credit or refunds for CVD or SAD payments, which were formerly admissible under the former Central Excise setup.

    The entitlement to credit against CVD and SAD represents a legitimate advantage for taxpayers, a privilege that should not be unjustly withheld by the governing authority. Therefore, it is prudent for the government to consider extending relief to these taxpayers. This relief could be in the form of permitting credit or refunds against the CVD and SAD payments made following the conclusive assessment of these older transactions.

    Appeal for Reopening FORM TRAN-1 on the GST Portal for Legitimate Cases

    A significant number of taxpayers have encountered difficulties due to unintentional omissions in claiming transitional credit during the implementation of GST. Despite the proactive measures undertaken by the government, certain genuine issues persist in asserting these credits.

    In response to this, the government introduced a common portal, offering a two-month window for taxpayers to revise their TRAN-1 and TRAN-2 forms. This provision aimed to rectify errors in these forms and facilitate the claiming of transitional credits. The government issued comprehensive guidelines through Circular 180/12/2022 on September 9, 2022, outlining procedures for filing or revising TRAN-1 and TRAN-2 forms, along with Circular 182/14/2022 on November 10, 2022, providing guidance for verifying transitional credits.

    Despite these commendable initiatives, a subset of taxpayers continues to encounter genuine challenges in asserting missed credits from the GST’s inception. To support these honest taxpayers, it would be prudent for the government to introduce an additional opportunity. This new window would enable them to assert the credits that inadvertently slipped through during the initial stages of GST implementation.

    Let’s reconsider Rule 96B of the CGST Rules.

    Exporters who find themselves issuing financial credit notes due to reasons such as price negotiations or defects in goods are encountering significant challenges stemming from their GST liabilities. In this context, a reevaluation of the provisions outlined in Rule 96B of the CGST Rules is warranted. This rule currently mandates the surrender of refunds equivalent to the unrealized portion of export proceeds. However, there is room for amendment to alleviate the burdens faced by these exporters. One potential adjustment could involve the recrediting of the IGST amount surrendered due to the issuance of financial credit notes.

    Addressing the Applicability of GST under RCM.

    A pressing need exists for the government to provide clarity on whether Indian exporters bear the responsibility of GST payment under the reverse charge mechanism (RCM) in relation to bank charges that are deducted by overseas banks when foreign buyers remit sales proceeds to Indian exporters. This matter is compounded by the fact that the exporter is not the designated recipient of the foreign buyer’s bank’s services, given that payment is made through the Authorized Dealer Bank of the Indian exporter. The absence of a clear legal standpoint is underscored by conflicting judicial verdicts regarding the true recipient of the service—be it the Indian exporter, the Authorized Dealer Bank, or the foreign buyer. In light of this, it is imperative for the government to provide a definitive clarification on the identity of the service recipient within this particular context.

    Clarifying Eligibility for ITC against IGST Paid via TR-6 Challan.

    To address prevailing ambiguities, it is advisable for the government to furnish clarification on whether exporters can legitimately lay claim to input tax credit against payments of Integrated Goods & Services Tax (IGST) made through TR-6 Challan for the import of input materials. A number of Export Oriented Units (EoUs) and exporters who have imported input materials under advance authorization licenses currently find themselves barred from seeking refunds for IGST payments associated with their exports, in accordance with Rule 96 (10) of CGST.

    Unveiling the Appraisal of Value for Transactions Among Associated Entities

    In accordance with Schedule I of the CGST Act, exporters are mandated to remit IGST through the mechanism of reverse charge even when facilitating transactions between interconnected entities without any monetary exchange. For instance, when an Indian subordinate employs the branding of its overseas parent company, it triggers an implied transaction, even in the absence of any monetary compensation from the former to the latter. The key quandary here revolves around the identification of the valuation or price for this transaction, given the absence of any financial considerations exchanged between the involved entities. Thus, there arises a necessity for governmental clarification regarding the methodology for determining the value of such interrelated transactions.

    Clarity Sought on the Application of GST to Dispatching Samples Abroad

    At present, a lack of lucidity persists regarding the obligation of remitting IGST for the export of samples. It is imperative for the government to elucidate the manner in which GST obligations are to be addressed concerning the dispatch of sample goods to foreign entities—whether they are affiliated or unrelated—or the consignment of sample merchandise abroad, intended for quality assessment, research and development, and other such objectives.