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23 Nov 2019

INDIAN TAX SYSTEM AND GST

INTRODUCTION
Tax is a mandatory financial charge imposed upon a taxpayer (an individual or other legal entity) by government, in order to fund various public expenditures. Public expenditures include expenditures on economic infrastructure (roads, public transportation, sanitation, legal systems, public safety, education, health-care systems), military, scientific research, culture and the arts, distribution, and the operation of government itself.

DIRECT TAX
A direct tax is paid directly by an individual or organization to an imposing entity. In direct tax the impact and incidence fall on same person, Impact means immediate burden and incidence means ultimate burden.
Examples of direct tax:
Ø  INCOME TAX
Ø  CORPORATE TAX
Ø  GIFT TAX etc.…

INCOME TAX
Income tax is an annual tax on income. Income of previous year is taxable in the next following assessment year from an income tax perspective, FY is the year in which you earn an income. AY is the year following the financial year in which you have to evaluate the previous year's income and pay taxes on it

HEADS OF INCOME
  • Salaries
  • Income from House Property
  • Profit and Gains of Business or Profession
  • Capital Gains
  • Income from Another Source

INDIRECT TAX
When the impact and incidence fall on different person, then it is known as indirect tax.
Examples of indirect tax:
ü  SERVICE TAX
ü  SALES TAX
ü  VALUE ADDED TAX
ü  GST etc.…

Sales Tax (1938)
A sales tax is a consumption tax imposed by the government on the sale of goods and services. Sales tax is levied at the point of sale, collected by the retailer and passed on to the government. Sales taxes are only charged to the end user of a good or service. Because the majority of goods in modern economies pass through a number of stages of manufacturing, often handled by different entities, a significant amount of documentation is necessary to prove who is ultimately liable for sales tax.

Value Added Tax (2005)
Value-added tax (VAT) is a type of consumption tax that is placed on a product whenever value is added at a stage of production and at the point of retail sale. VAT is levied on the gross margin at each point in the manufacturing-distribution-sales process of an item. The tax is assessed and collected at each stage.

Goods and Services Tax (2017)
GST is an indirect tax levied on the supply of goods and services. “GST is a comprehensive, multi-stage, destination-based tax that will be levied on every value addition.”
The main objective of incorporating the GST is to eliminate tax on tax i.e. double taxation which cascades from the manufacturing level to the consumption level. The Goods and Services Tax (GST) is a value-added tax levied on most goods and services sold for domestic consumption. The GST is paid by consumers, but it is remitted to the government by the businesses selling the goods and services.
France was the first country to implement the GST in 1954. Some of the countries with GST include Canada, Vietnam, Australia, Singapore, UK, Monaco, Spain, Italy, Nigeria, Brazil, and South Korea. India is set to join the GST group on July 1, 2017.

Destination-Based
Consider goods manufactured in Maharashtra and are sold to the final consumer in Karnataka. Since Goods & Service Tax (GST) is levied at the point of consumption, in this case, Karnataka, the entire tax revenue will go to Karnataka and not Maharashtra.

Components of GST
There are 3 taxes applicable under GST: 
ü  CGST: Collected by the Central Government on an intra-state sale (Eg: Within Maharashtra)
ü  SGST: Collected by the State Government on an intra-state sale (Eg: Within Maharashtra)
ü  IGST: Collected by the Central Government for inter-state sale (Eg: Maharashtra to Tamil Nadu)

ILLUSTRATION
Let us assume that a dealer in Gujrat had sold the goods to a dealer in Punjab worth Rs. 50,000. The GST rate is 18% comprising of only IGST. In such case, the dealer has to charge Rs. 9,000 as IGST. This IGST revenue will go to the Central Government. The same dealer sells goods to a consumer in Gujrat worth Rs. 50,000. The GST rate on the good is 12%. This rate comprises of CGST at 6% and SGST at 6%. The dealer has to collect Rs. 6,000 as Goods and Service Tax. Rs. 3,000 will go to the Central Government and Rs. 3,000 will go to the Gujarat government as the sale is within the state

Advantages of GST
Ø  Removing cascading effect of tax
Ø  Higher threshold for registration
Ø  Defined treatment for e-commerce
Ø  Increased efficiency in logistics
             
Disadvantages of GST
Ø  Increased costs due to software purchase
Ø  Increase in operational cost
Ø  SME will have a higher tax burden

CONCLUSION
GST will bring in transparent and corruption free tax administration, removing the current shortcoming in indirect tax structure. GST is business-friendly as well as consumer-friendly

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JITHIN KOSHY
KERALA, INDIA

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