A Comprehensive Analysis of Goods and Services Tax (GST) in India
A Comprehensive Analysis of Goods and Services Tax (GST) in India
ABSTRACT INTRODUCTION
terms of efficiency and equity. A good The taxation system varies from
taxation policy is that which takes manufacturer to manufacturer on point
care of the entire income distribution of sale or level of imports or exports.
and also generates tax revenues in Indirect taxation based collection
such a manner for Central and State systems are based on origin, and are
Governments, which can lead to overall designed to impose tax and collect the
benefit in the nation’s infrastructure, same at the event of happening of any
defense, public amenities, people’s taxable activity.
security, and a country’s exports. The Figure 1 depicts a tabular
The entire framework to impose indirect representation of Indian indirect
taxes comes under Constitutional taxation system as per Article 246
provisions of India. Article 246, Seventh of the Indian Constitution System.
Schedule gives the right to Central The following Table 1 gives a tabular
and State Governments to levy taxes representation of taxes imposed
and collect indirect taxes on the basis and collected by Central and State
of goods and services transactions. Governments of India.
The research has been undertaken and (a) The tax incidence fell primarily
presented considering the following on domestic consumption.
foremost objectives: (b) The optimization of efficiency
●● To gain an in-depth understanding and equity of the Indian system is
of GST taxation system evolution. desired.
●● Understanding in - depth the (c) There should be no export of
concept of new taxation system taxes across the taxing jurisdiction.
introduced - Goods and Services Tax (d) The Indian market should be
(GST) in India. brought under a single umbrella of
●● Understanding the features, common market.
working, and differentiating the current (e) Enhancement to the cause of
taxation system in India v/s GST. cooperative federalism.
●● To evaluate the advantages and
challenges surrounding GST. (2).Introduction to the Goods and
●● To evaluate the prospects of Services Tax (GST) : New Article 366
taxation position of various goods and (12A) of the Indian Constitution (GST
services in India. India.com, 2016) defined Goods and
●● To furnish the information for Services Tax (GST) to mean any tax
future research on GST based taxation on supply of goods or services or both
system. except taxes on the supply of alcoholic
liquor for human consumption. New
SCOPE OF THE STUDY Article 366(26A) defines service to
This paper provides a detailed insight mean anything other than goods.
regarding implementation of GST tax Existing Article 366(12) defines goods
among various sectors of the country. to include all materials, commodities,
GST after implementation will bring and articles.
uniformity with tax rates and will also
overcome lots of shortcomings in the As per the government, the Goods
Indian taxation system with regard and Services Tax (GST) is regarded
to indirect taxation. The Good and as a ‘Reform’ rather than amendment
Services Tax would surely be highly in the existing Indian taxation system
advantageous for major areas of the to sort out all backdoors and cons of
India economy. the indirect taxation system. India was
one of the 123 countries in the world
GOODS AND SERVICES TAX (GST) following the VAT taxation system.
– CURRENT SCENARIO VAT was designed and introduced on
January 17, 2005 at the Centre and
(1).Need for GST- Goods and Services State levels by finance minister P.
Tax: As per the reports of Task Force Chidambaram. VAT replaced Central
on Goods and Services Tax (2009), Excise Duty Taxation at the national
the Indian taxation system led to level and Sales Tax System at the
misallocation of resources and lower state level, bringing major reform in
productivity in terms of economic the taxation system.
growth, international trade, and overall
development of the Indian economy. Goods and Services Tax (GST) was
Therefore, there was an emergent proposed in 2014 to be implemented
need to replace the existing tax system with effect from (w.e.f) June 2016. The
with a new engine of taxation of goods GST implementation is “dual” in nature
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International Review of Business and Economics
Constitutional (122nd Amendment Service Tax, and VAT into one common
Bill) was introduced and passed by tax. According to the model, GST can
Rajya Sabha on August 3, 2016 and be implemented as per the following
by Lok Sabha on August 8, 2016. The four stages:
GST council was framed officially on Stage 1: Establishing information
September 8, 2016 after clearance technology systems.
from the Honorable President of India. Stage 2: Building Central GST.
As per Article 279A (1) of Amended Stage 3: Political effort of agreeing on
Constitution, the GST Council was “Grand Bargain”.
created by the President within 60 Stage 4: Interaction with States.
days of the commencement of Article (ii) The Bagchi - Poddar Model: It
279A. The GST Council comprises of is similar to the Kelkar - Shah Model,
the following members: (a) Union which envisions the combination of
Finance Minister- Chairperson, (b) The Central Excise, Service Tax, and VAT
Union Minister of State, In - Charge into one common umbrella of VAT. The
Revenue of Finance - Member, (c) difference between Kelkar-Shah and
The Minister In-Charge or Taxation or Bagchi-Poddar model is that Kelkar-
any other minister nominated by each Shah model proposes tax collection
State Government - Members. at Central and State levels, while the
The GST Council was setup to perform Bagchi-Poddar model stresses only on
the following duties: the Centre. The Kelkar - Shah model is
(a) Taxes, surcharges, cess of Central like the Canadian Model, while the
and States which will be integrated in Bagchi - Poddar Model is like the
GST, Quebec model.
(b) Goods and services to be exempted (iii) Australian Model: The Australian
from GST, GST model is federal tax collected
(c) Interstate commerce -IGST – by the Central government and then
distribution between State and Central distributed to the State government.
governments, But as India is a heterogeneous country,
(d) Registration threshold limit for GST, this model is not applicable in India.
(e) GST floor rates, (iv) Canadian Model: The GST in
(f) Calamities special rates, Canada is dual between the Centre and
(g) Provision with regard to special the States and has three varieties:
category rates, especially North- (a) Federal GST and provincial
Eastern states. retail sales taxes (PST) administered
separately - followed by the largest
(5) GST Models: Considering the majority,
importance of taxation reforms (b) Joint federal and provincial VATs
and other countries’ based GST administered federally (Harmonious
implementations, the following are the Sales Tax - HST),
various GST models that are designed (c) Separate federal and provincial
and proposed by experts for successful VAT administered provincially (QST) -
implementation of GST: only for Quebec as it is like a breakaway
province.
(i) The Kelkar - Shah Model (v) GST Models - Adopted by Foreign
(ii) The Bagchi - Poddar Model Countries: Among various countries
(iii) The Australian Model which have adopted GST, France was
(iv) The Canadian Model the first country to adopt GST in the
(i) The Kelkar - Shah Model: It is year 1960.
based on “Grand Bargain” to merge
various taxes like Central Excise,
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and sales and have tremendous few years back, but implementation
opportunities for expansion in India. has been done by Indian government
(vi) Small Scale Enterprises: There under the able leadership of Prime
are three categories: (a) below Minister Shri Narendra Modi on July
threshold, need not register for GST, 1, 2017. The new government was in
(b) between threshold and composition strong favor for the implementation
turnovers will have the option to pay a of GST in India by seeing many
turnover based tax or opt to join the positive implications as discussed
GST regime, (c) above threshold level, above in the paper. All sectors in India
will be within the GST framework. - manufacturing, service, telecom,
Manufacturers and traders will pay automobile and small SMEs will bear
less tax after GST Implementation. the impact of GST. One of the biggest
(vii) Entertainment: With GST, taxes taxation reform- GST will bind the
can do down by 2 - 4%, but the rate of entire nation under a single taxation
tax for cinema lovers will be increased. system rate. As forecasted by experts,
GST will soon comprehend with GST will improvise tax collections and
demands and bring best for boosting boost up India’s economic development
up the film industry’s business. and break all tax barriers between
Central and State Governments. No
(3)CHALLENGES OF GST IMPLEMENTATION: doubt, GST will give India a clear and
The following are some of the major transparent taxation system, but it is
challenges for GST implementation in also surrounded by various challenges
India: as discussed in this paper. There is need
(i) Nature of Taxes: In India, there for more analytical based research for
are various taxes like Central Excise, successful implementation.
VAT, CESS, and other state level taxes
which will all be removed and come LIMITATIONS OF THE STUDY AND
under one tax, that is, GST, but still SCOPE FOR FUTURE RESEARCH
lots of states and union territories
have other taxes out from GST which The following are the limitations of
has to be worked upon. the study: (a) GST is still in maturity
(ii) Types of GST: As GST would be of phase, so tax reforms can occur from
two types : Central GST and State GST time to time via GST council meetings
and further division is required on the regarding finalization of tax rates and
basis of utmost necessity and property even imposition of new rates and even
based like need, location, geography, deduction of existing rates, (b) most
and resources which has to be worked of the data cited in the paper was
upon. speculatively exploratory in nature as
(iii) Rates of Tax: Still the tax rate is GST meetings are going and still, a
not fully finalized and lots more has lot more needs to be done, (c) final
to be worked upon considering the conclusions may vary considering
standard of living of people, etc. differentperceptions.
(iv) Tax Management and Technology After GST implementation, there is
Infrastructure: It is utmost necessary emergent requirement of modern
that proper management of tax and technology based infrastructure like
infrastructure is required to implement GSTNET for successful monitoring of
proper policies and plans. taxation system as well as the GST
Council should regularly conduct
CONCLUSION meetings for change in tax reflections.
Primarily, the concept of GST was These areas can be covered by
introduced and proposed in India a researchers in future studies.
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