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CA DR MAHESH GOUR
PPT BY RAJ MAYEKAR
INTRODUCTION 2
Cleared by Lok Sabha on 8th August 2016

122nd
Constitutional
Amendment Bill
(CAB) Cleared by Rajya Sabha on 3rd August 2016

CA Dr. Mahesh Gour Raj Mayekar


Applicability of GST AFTER GST
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BEFORE GST

Service
Tax
X

GST will apply to whole of INDIA


CA Dr. Mahesh Gour Raj Mayekar
DEFINITIONS 4
The term ‘GST’ is defined in Article 366 (12A)

Supply of Goods

Any Tax
on Supply of Services

Except tax on Alcoholic Liquor for


human consumption
CA Dr. Mahesh Gour Raj Mayekar
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GST STRUCTURE

IGST CGST SGST

CA Dr. Mahesh Gour Raj Mayekar


GST STRUCTURE
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CGST SGST

Central Central State


Government Government Government

IGST = Integrated GST  CST


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IGST
Inter-State Transfer

Gujarat
Maharashtra

IGST imposed on Inter State transfer of goods.

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IGST IGST = CGST + SGST
IGST is not a final tax.
IGST SGST
X ₹150
Y ₹200
Z
Gujarat Mumbai Mumbai
₹100  CGST
₹100  SGST

CA Dr. Mahesh Gour Raj Mayekar


Compensation for State Loss
Loss borne by Central Government as per Constitution 9

Impact on Customs Duty


CVD 3(1)
IGST ✓
ACD 3(5)

IGST GST
IMPORT Sale in INDIA
₹100 ₹250
Payment to Department
= ₹250 – ₹100
CA Dr. Mahesh Gour Raj Mayekar
= ₹100
Alcohol for Home Consumption 10

Exclusion of alcohol sector could mean that the companies


manufacturing alcohol may not be in a position to avail
credit of GST paid by them on their procurements.
CA Dr. Mahesh Gour Raj Mayekar
Petroleum products and tobacco 11

Petroleum products and tobacco will continue to attract


duty of excise. However, CAB specifically provides that the
petroleum products may not attract GST, however, at a later
stage, GST Council may decide to levy on petroleum products.
CA Dr. Mahesh Gour Raj Mayekar
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AT CENTRAL LEVEL :
1. EXCISE DUTY Single Uniform Tax
2. SERVICE TAX
3. CVD
4. SACD
5. CST

AT STATE LEVEL :
1. VAT/Sales Tax
2. ENTERTAINMENT TAX
3. LUXURY TAX
4. TAX ON LOTTERY, BETTING & GAMBLING
5. ENTRY TAX NOT IN LIEU OF OCTROI
6. CESSES AND SURCHARGES Exclude
Electricity Duty, Stamp Duty, etc.

CA Dr. Mahesh Gour Raj Mayekar


CROSS UTILIZATION  ALLOWED
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Before GST
CST VAT
X ₹100
Y ₹250
Z
Manufacturer Dealer Buyer
No Credit of CST against VAT

After GST
IGST SGST
X ₹100
Y ₹250
Z
Manufacturer Dealer Buyer
Input Tax Credit of ₹100 allowed
CA Dr. Mahesh Gour Raj Mayekar
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Valuation of GST
GST would be payable on transaction value.

Supply of Good

Consideration
₹2,00,000
X Y
Transaction Buyer (unrelated
Value party of X)

CA Dr. Mahesh Gour Raj Mayekar


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Time Limit for Adjudication

Before GST After GST

Other than FCWSP Other than FCWSP


FCWSP (Generic FCWSP (Generic
Case) Case)
5 years 5 years
24 months / 3 years
30 months In case of
Service Tax
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Old provisions re-introduced
Most of the current provisions such as reverse charge, tax
deduction, pre-deposit, prosecution (!), arrest (!) etc have been
continued in the proposed draft GST law.

EXPORT & SEZ


Exports would be zero rated, as currently they are. In case of SEZ, if
the supply of goods or services is for consumption in processing zone
then it would be zero rated.

CA Dr. Mahesh Gour Raj Mayekar


AUTHORITY 17

CGST SGST
AUTHORITY AUTHORITY

SINGLE LIABILITY
SINGLE REGISTRATION
SINGLE RETURN
SINGLE AUTHORITY

CA Dr. Mahesh Gour Raj Mayekar


I already have registration in
VAT / ED / ST. 18
Will I have to take separate
registration for GST ????

Your old registration will get


migrated to GST automatically

I want a new registration.

New Registrations will be done


Online. Number will be
allotted within 3 days.

CA Dr. Mahesh Gour Raj Mayekar


Requirement of AUDIT 19

My T/o for Current


Financial Year exceeds
Prescribed Limit.

Do I require Audit ?

Yes you need to do


Registered Audit.
Person
Hum hai na…Hum hai
to kya gum hai.
CA CMA
CA Dr. Mahesh Gour Raj Mayekar
COMPOSITE SUPPLY 20
Comprises two or more supplies of goods or services, or
any combination thereof,

Natural Bundle Artificial Bundle


Comprising two or more supplies, Comprising two or more supplies
shall be treated as supply of that
one of which is a principal supply, particular supply which attracts the
shall be treated as a supply of such highest rate of tax.

principal supply;

CA Dr. Mahesh Gour Raj Mayekar


Payment of GST 21

Section 35, 36, 37

Rule 1  Electronic Tax Liability Ledger


Rule 2  Electronic Cash Ledger
Rule 3  Electronic Credit Ledger

CA Dr. Mahesh Gour Raj Mayekar


Payment of GST 22
Purchase Input ₹ 1,00,000 FG Sold for ₹ 5,00,000
X Paid GST ₹20,000
Y GST charged ₹50,000
Z

₹20,000

₹45,000 ₹50,000

Asset of Assessee
Wallet of Assessee

Electronic Credit ledger Electronic Cash ledger Electronic Tax Liability ledger
Payment of GST 23
Purchase Input ₹ 1,00,000 FG Sold for ₹ 5,00,000
X Paid GST ₹20,000
Y GST charged ₹50,000
Z

Tax Liability ₹50,000


(-) Electronic Credit Ledger Account (₹20,000)
(-) Electronic Cash ledger Account (₹30,000)
Liability NIL

Balance Available in Electronic Cash Ledger Account


= ₹45,000 - ₹30,000
= ₹15,000  REFUNDED u/s 38
CA Dr. Mahesh Gour Raj Mayekar
Utilization of Electronic Credit Ledger & Electronic
Cash Ledger 24

Electronic
Credit Ledger

Electronic
Cash
Ledger

FOR PAYMENT OF FOR PAYMENT OF


OUTPUT TAX OUTPUT TAX, PENALTY, INTEREST

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Discharge of Liability 25

1)Previous Year Dues


2)Current Year Dues
3)Demand, etc

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TDS Sale
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Value ₹20 Lacs
GST @ 12% ₹2.4 lacs

Paid ₹20,00,000
BUYER SELLER
Government
Local Authority
TDS 1% on ₹20 Lacs (Not on ₹2.4 Lacs)
Notified Person

TDS deposit in Government A/c within 10 days from the end of the month &
within next 5 days issue certificate

Note : ₹20,000  deposited in Electronic Cash Ledger A/c

CA Dr. Mahesh Gour Raj Mayekar


FORM 27
GST PMT 1  Electronic Tax Liability Ledger
Tax Liability = TAX + INTEREST + PENALTY + MISMATCH FIGURE

GST PMT 2 & 2A  Electronic Cash Ledger

GST PMT 3  Electronic Credit Ledger

CHALAN  GST Payment Chalan will be auto populated & can be


downloaded

Online Payment  NEFT / RTGS / IMPS


Offline Payment  Cash / Ledger / DD etc.

CA Dr. Mahesh Gour Raj Mayekar


ADVANTAGES  1. INPUT TAX CREDIT
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Before GST
CST VAT
X ₹100
Y ₹250
Z
Manufacturer Dealer Buyer
GUJARAT MAHARASHTRA MAHARASHTRA
No Credit of CST against VAT
After GST
IGST SGST
X ₹100
Y ₹250
Z
Manufacturer Dealer Buyer
GUJARAT MAHARASHTRA MAHARASHTRA
Input Tax Credit of ₹100 allowed
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ADVANTAGES  2. No Cascading Effect
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BEFORE GST AFTER GST


Input ₹150 ₹150
Processing Cost ₹250 ₹250
Profit ₹100 ₹100
₹500 ₹500
ED @ 10% ₹50 GST @ 10% ₹50
₹550 ₹550
VAT @ 10% ₹55
₹605

CA Dr. Mahesh Gour Raj Mayekar


ADVANTAGES  3. Avoid Double Taxation
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1. Restaurant Service  VAT + ST
2. Software  VAT + ST

ADVANTAGES 4. Reduced Statutory Compliances

Before GST  Return Filing / Payment of VAT, ST, ED, etc.

After GST  Return Filing / Payment of only GST.

CA Dr. Mahesh Gour Raj Mayekar


ADVANTAGES  5. Single Rate
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BEFORE GST

Excise  12.5%
VAT  5%, 14.5%
Entry Tax / Octroi  1%
CST  2%, 3%, 0%
AFTER GST

GST  SINGLE RATE

CA Dr. Mahesh Gour Raj Mayekar


Implementation of GST
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It is complicated to abolish all taxes.

So State Government & Central Government cumulatively


formed an organization [NPO]
“Goods and Service Tax Network”

Provide IT infrastructure for Provide service to


implementation of GST Government, Tax Payer, other
stakeholders.
CA Dr. Mahesh Gour Raj Mayekar
Facilities to be provided by GSTN
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 No Manual Return Filing


 Online Payment
 Auto-generated Mismatch Return
 Self-assessment [No requirement of Assessing Officer]
 Online Database
 No Tax Evasion

CA Dr. Mahesh Gour Raj Mayekar


INPUT TAX CREDIT
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GST paid ₹1,50,000

TELECOMMUNICATION TOWER & PIPELINE

1st FY  Max 50,000 (1/3rd of 1,50,000)


2nd FY  Max 1,00,000 (2/3rd of 1,50,000)
Subsequent FY  Balance

CA Dr. Mahesh Gour Raj Mayekar


INPUT TAX CREDIT
 Conditions for availing Input Tax Credit 35

He is in possession of Tax Invoice


or Debit Notes.

REGISTERED
TAXABLE
He has received the Goods and/or
PERSON services.

CA Dr. Mahesh Gour Raj Mayekar


INPUT TAX CREDIT
 If Recipient fails to pay to the supplier of service. 36

Your input tax credit will


be reversed if you don’t
pay to me…!! Service Provided

Payment not
made within
X 3 months Y

CA Dr. Mahesh Gour Raj Mayekar


INPUT TAX CREDIT
If Registered Taxable Person has claimed “DEPRECIATION” 37

IF THEN
Depreciation claimed NO input tax credit
on tax component

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RANKING FOR INPUT TAX CREDIT
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ITC

CGST SGST IGST


Rank 2 Rank 3 Rank 1

CGST IGST SGST IGST IGST CGST SGST

CA Dr. Mahesh Gour Raj Mayekar


APPORTIONMENT OF CREDIT & BLOCKED CREDIT
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INPUT

Business Purpose Other Purpose

INPUT TAX CREDIT INPUT TAX CREDIT

ALLOWED ✓ NOT ALLOWED X

CA Dr. Mahesh Gour Raj Mayekar


APPORTIONMENT OF CREDIT & BLOCKED CREDIT
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INPUT
used for

ZERO RATE FINISHED GOOD EXEMPTED FINISHED GOOD

INPUT TAX CREDIT INPUT TAX CREDIT

ALLOWED ✓ NOT ALLOWED X


Duty will be paid as per Reverse
Charge Mechanism
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APPORTIONMENT OF CREDIT & BLOCKED CREDIT
 Banking Company / NBFC / FI providing Taxable 41
Services as well as Exempted Services
Services by way of accepting deposits, extending
loans or advances

OPTION
BANKS / NBFC / FI

Proportionately Avail 50% of eligible Input


Tax Credit on input,
capital goods & input
services.
NOTE : OPTION ONCE EXERCISED CANNOT BE WITHDRAWN DURING REMAINING FY
CA Dr. Mahesh Gour Raj Mayekar
APPORTIONMENT OF CREDIT & BLOCKED CREDIT
 ITC shall not be available in respect of - 42
1. Motor Vehicles & other Conveyance

Exception

1. Driving

2. Transportation of goods and passengers.

3. Further supply of such vehicles.

CA Dr. Mahesh Gour Raj Mayekar


APPORTIONMENT OF CREDIT & BLOCKED CREDIT
 ITC shall not be available in respect of - 43
2. Supply of goods and services.

 Food & beverages, outdoor catering, beauty treatment

 Health & Fitness centre

 Rent a cab, Life insurance, Health insurance (except Employee

Insurance), etc

CA Dr. Mahesh Gour Raj Mayekar


APPORTIONMENT OF CREDIT & BLOCKED CREDIT
 ITC shall not be available in respect of - 44

3. Goods (input) or Services used for personal consumption

4. Goods (input) lost, stolen, destroyed, written off or disposed by


way of gift or free samples.

CA Dr. Mahesh Gour Raj Mayekar


APPORTIONMENT OF CREDIT & BLOCKED CREDIT
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Within 30 Days

10/12 25/12 31/12


Liable for Registered Taxable
Registration
Input Tax Credit allowed for stock & input contained by the person on the day
immediately preceding the date from which he becomes liable to pay tax 
i.e. 30/12
Note : If registration is taken u/s 23(3), then ITC shall be taken in respect of
inputs held in stock and inputs contained in semi-finished or finished goods
held in stock on the day immediately preceding the date of grant of
registration.
CA Dr. Mahesh Gour Raj Mayekar
APPORTIONMENT OF CREDIT & BLOCKED CREDIT
 Change in Constitution 46

Sold / Merged / Demerged /


MG Industries
Amalgamated / Leased or Transferred MG & RsM
Industries

ITC of 2,00,000 Transferred ITC of 2,00,000


(utilized) received

CA Dr. Mahesh Gour Raj Mayekar


APPORTIONMENT OF CREDIT & BLOCKED CREDIT
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Manufactures taxable goods

Goods become Exempt

ITC on Input / Capital Goods contained in stock will have


to be paid or reserved

CA Dr. Mahesh Gour Raj Mayekar


TAKING ITC IN RESPECT OF INPUTS SENT FOR JOB WORK 48

Input Directly
received in Job
CONTRACT Worker’s Factory

PRINCIPAL Input received back after JOB ITC Allowed to


Job Work WORKER Principal
WITHIN 1 YEAR

For CAPITAL GOODS (other


than moulds, dies, jigs and
fixtures) 3 years
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New Edition of Book on GST


By CA Dr. Mahesh Gour
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