Indian GST: Housing Taxation:

Preamble:-  GSTDestination based Taxation unlike in earlier cases where it was Transaction based,
Details of Availment and Utilisation of Input Tax Credit, Parameters for valuation of taxable supply, place of supply of service/goods, point of taxation to ascertain the trigger for payment of GST and transitional provisions.
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Why GST?:-India's very low tax ratio at 10 per cent of GDP.To introduce more Indirect Tax payers.
 At the same time to remove difficulties of Existing Tax payers who are paying Multiple Taxes may be More than 10
"GST would find Non Compliant Traders & Service Providers through Input Invoices Loaded in Portal.
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Supply:-  It would include Supply made without a Consideration.In GST Supply between HO & Branch of the same Company is a Service.
To define Supply details are provided under Section 3 Alongwith Schedule I to Schedule IV.
Sec3 is equivalent to Sec 2f of Present Central Excise Act.
Schedule I:- Supply without Consideration like Branch Transfers & Captive Consumptions.
Theft,Pilferage & Free Supply.

Schedule II:- Determination of Works Contract/Lease.

Schedule III & Schedule IV: Mostly  Supplies of Goods/Services from Govt.

GST applicable on all Supplies like Barter, Exchange, Licenses & Returned Goods.  In case of Barter both the items would be treated as sold accordingly GST would be applicable.

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Trashholds:-Entity in North Eastern and Hilly State: upto Rs.10Lacs.In other States:upto Rs.20Lacs.
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Valuation:- Working on risk models across all the slabs keeping in mind the state and the type of product. discrepancies are also expected on the type of the product. particular slab under which it falls in different states will be different.  In earlier Central Excise decision Vicks is treated as Medication.
Kitkat is treated as Biscuit.
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Exemptions From GST as any tax levied on the supply of goods, or services, except taxes on:-

a. Alcohol for human consumption- Sales tax/VAT

 and State excise would continue.

b. Real Estate – Stamp duty plus property taxes 

would continue to be imposed.

c. Electricity – Electricity Duty would continue to be 

imposed.

d. Petroleum Products. (to be bought under GST 

from date to be notified on recommendation of GST 

council)

e.Note- Tax on Tobacco products- Tobacco products 

would be subjected to GST with Input Tax Credit. 

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Ensure GST Compliance & earn Input Tax Credit: Non Compliance may bring you Tax,Interest & Penalty.

Section 1

This is the Text:Requirement of Additional Returns and Ledgers

Invoice Loading Procedures:-Two Important Provisions of GST having long term effect:-
Loading of Invoices both by Supplier & Purchaser on  GST Portal is must: Thereafter One to One Matching of Invoices would be Carried out by the System.
This is a effective method Therefore Inflating of Both Purchases & Sales is completely ruled out.
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4.GST Payments:Section-16 read with Section 2(57) CGST/SGST Law: GST paid on Goods & Services used for Business would be allowed.
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5.Requirement of Additional Returns and Ledgers:-

GSTR1:-Monthly Return by the Supplier


GSTR2:- Receipient of Goods to File: Large part of the Return would be auto populated from GSTR-1


GSTR4:-Composition Scheme Quarterly Return. 




GSTR6:- Return for ISD.Credit received from Service

provider & Credit provided to Subsidaries.

GSTR7:- Return for Tax Deducted at Source
             
             ITC Ledger of Taxpayer
             
             Cash Ledger of Taxpayer           

            Tax Ledger of Taxpayer
             
             Three Returns per Month.
              

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Advances, Deposits & Part Payments would all attract GST: Therefore Agreement Terms & Conditions must be prepared in such a Manner that everything is Crystal Clear in the Agreement itself as follows:-
Whether Advance/Deposit is Refundable?
Whether Advance/Deposit is Carrying Interest?
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Rates:- Proposed Slabs%:5-12-18-28:

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Cess on:-
Enviornment Sensitive:Coal 
                AND
 SIN-Aerated Drinks,Tobacco,Pan Masala,Luxury Cars, Watches
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Pharma:-
Pharma Retailer would hv. Opening Stock of Inventory as on 1.7.2017: 
a.Currently Medicines are sold @6% Excise Duty and almost equivalent VAT.

b.From Jul2017  onwards this Stock would be sold at after including New GST Rate:Whether Distributor, Stockiest & Chemist would ask for reimbursement of Additional burden?

c.Pharma Goods Expiry & Breakages as on 31st March 2017 would be Reimbursed by  Manufacturer thereafter would their be any Additional GST Burden?

d.Hopefully balance of State VAT as on 1st April 2017 would form part of State GST. Similarly balance of Central Excise would form part of Central GST! Please confirm on above Lines?

e.At present Retailer are getting benefit of State Vat only. The GST is a consumption based Tax.Therefore what ever you have purchased or sold(including Capital Goods & excluding GST exempted)  during Normal course of Pharma Business would be subject to GST.  Retailer need to keep Statement of all Input GST?
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 Reverse Charge Mechanism:Pay GST:For Goods Purchases/ Service Receipts from Unregistered Dealer
  Section 2

This is the Text:GSTN

GST Net Work: Structure  & Constitution of GSTN ensures that its Every decision must be supported by Government. 

• In every GSTN meeting for decision 50% of total Directors must be from Goverment.

• 14 Directors:- Seven from State & Central Govt. Three  Independent Directors and Three from Five Pvt Financial Institutions.

                   Balance One CEO would be appointed by theBoard. 

Total Fourteen.

• System would have 80Lacs Tax payers across the 29states,Union Terriotries and Central Govt. Hence providing Common & shared IT infrastructure and Services: Study, Research and provide Training & Consultancy: Provide back end Services to GST departments.

• Single GSTN portal ensuring quality in various procedurs from Registration, Payment, Filing Return and Assessment.

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Cross Empowerment Model for Tax Adminstration & Assessment :-
Taxpayer paying all Three Taxes St.GST,CGST & IGST:- interaction with Single Tax Authority only.
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Existing 11Lac Service providers would be assessed byCentral Tax Authorities only.

Turnover < Rs.1.5Crores p.a. by State Authorities.

• Base year for Compensation2015-16.  

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Composition Scheme Applicable Only on Goods:-
 Limit fixed at Rs.50Lacs. Traders to pay 1-2% tax through easier computation.

•  Currently, about 70%-Goods/Services taxed @ 27%.
• Life as well as Medical Insurance needs human touch,therefore abatement should be permitted to Tax such policies at current Rate. 
• In case or Resturant Services not much  significant impact is expected.
• In case of Housing , Abatement for Land & other Commidities used in construction in New GST.

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• GST ImpactWhether GST would increase Demand of Qualified Accountant? Every Retailer need to keep an Accountant having Knowledge of Input tax Credits?, 

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 Dispute Resolve Mechanism must be strong enough:-

Types of Disputes:-
Dispute between Central & State Government.
Dispute among State Governments
Dispute on One side Central & One or More State Governments and on the other side Few State Governments.
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Difficulties Envisaged:-

In case GST is not deposited by the Seller of the Goods the Buyer would not get benefit of Input Tax Credit.

No Tax Credit benefit on further discounts allowed by the Seller!

Credit of GST on Returned Goods: This problem is more in case of e trade.

Registration in various States in case transaction  value  exceeds Rs50000/

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Tax collection at Source by  E-trader(E-Commerce Industry)

1% TCS to be made from payment to E-Supplier.Tax collection at Source that means any payment made to a Supplier would be subjected to provisions of Tax at a Notified Rate. Few Important queries need to be replied: What would be the fate of Goods Returned?

 The Companies like Quicker & OLx would be covered & need to obtain GST Registration.  They are facilitating "Purchase & Sell" of old goods  & would be definitely covered.

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• Tax structure on inter-state services including transportation and communication, rate of tax on essential commodities, including food products, and system of mechanism to collect tax.

Difficulties Envisaged

• Requirement of maintenance of Bulk documents(Types?) as per requirement of Individual State and verification at various Check Posts.

• Separate Taxation of Freebies?

• GST would be levied on News Papers and Advertisements. 

17.Important powers provided to GST Council:-

a. Capping of GST Rate

b.To decide about Adjudication Body. Dispute Resolution Mechanism.

c It would comprise of Representatives from all States & Center.

d. Units having turnover upto Rs.1.5 Crore, exemption from compliance norms. To be provided in rules.



Priority:-
18.Order of Utilization of Various Tax Credits:-

CGST                           CGST
                                    IGST

SGST                            SGST
                                     IGST

IGST                             IGST
                                    CGST
                                     SGST

1. In case of intra-State supplies, credit of CGST can 

be utilised only for paying CGST, and credit of SGST 

can be utilised only for paying SGST.

2. In case of inter-State supplies, the IGST model 

permits the utilisation of credit of IGST, CGST, and 

SGST for payment of IGST.

3. IGST credit can be utilised for payment of IGST, 

CGST and SGST in sequence by importing dealer for 

supplies made by him.

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19.Applicability of IGST:-

 IGST Levied by Center & will be transferred by the

Center to the State where Goods are Supplied.

The Supplier State will transfer to the Center the Credit of SGST used on IGST payment

IGST shall also be applicable to-

1. Import of goods and services (currently, in 

addition to Basic customs Duty, CVD and SAD are 

levied under Customs Act imports. After introduction 

of GST,IGST will be imposed against CVD and 

SAD)

 To Continue Seamless Chain of CreditInter-state stock transfer of goods and services would be covered under GST & would be treated as Services.

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21.Concurrent Audit:-  

Companies with annual turnover of more than Rs 1.5crore, there will be concurrent audits by both the state government and the Centre."The government is still discussing a mechanism of a risk-based selection so that the checks by Centre and states do not overlap," said the official. 

GST Rate Structure

I.Rates:-

Revenue Neutral Rate:-

The GST rates are to be based on RNR (Revenue 

Neutral Rate).It is a rate that would be levied 

so that  the tax revenue of the government will at least remain same as the present tax system.

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Goods and Service Tax Identification Number
GSTIN:-:- 15 Digit PAN based.HSN Codes For Goods and Accounting Code for Services to be provided.

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Electronic Payment:-  Technology will have to be integrated to ensure that all payments and receipts of any funds are only made through electronic means.Unique 14digit Common Portal Identification Number-CPIN: Challan generated to be valid for 7days for making Payment.
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   Common Integrated Information Technology

System.GST Network (GSTN):-The IT backbone of GST shall be formed as Section 25 company to design automation of GST andto facilitate Online  Registration, tax payment and
filing of return.

Implementation of Rating System for Companies and Traders. This system would be regularly reviewed. 

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22.Preparation for implementation of GST:-  

• Must Develope Standard Operating Procedure(SOP) for GST.
• GST would be applicable on Product dispatch & wouldbe carried forward till it reaches to Final Consumer .
• Create GST Masters having GST numbers of Suppliers & Customers.
• Determine in detail Cost of Logistic.GST would completely change logistic Scenario!How?
• Maintenance of State wise Distributor is essential:Because of separate Registration requirement for Each State.
• Maximum Input Tax Credit.
• Reshape Invoice Format with New GST number.
• Keep Separate Accounts for 3 Months & 9Months.

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 Time & Place of Supply:-The Insurance Premiums will be based on the place of residence of the particular policyholder and they have already begun work to collect and update data of thousands of such people.
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23.Difficulties Envisaged:- No ITC on Cess is available.
For Tax free Goods & Services Separate Slabs are applicable.

Centre government would be allowed to levy
Exciseduty over and above GST without Input Tax Credit.