- Dr. Anita A Patil
I.
INTRODUCTION:
In India, we have two types of taxes. First, Direct taxes
which are directly paid by an individual taxed on Salary, wages, commission
etc. Indirect taxes which are indirectly paid by an individual for the goods
purchased by an individual such as Service Tax, Excise Duty, Value added Tax
etc. G.S.T that is goods and services tax has been introduced in India on 1st
July 2017. G.S.T has been applied only on the part of Indirect taxes. As the
name of the tax suggests it will be applied on the goods and services rendered
to the consumers.
The stage of product moves from borrowing raw materials
to manufacturing the same then, transporting it to warehouses (In case, of
excess of goods manufactured) then transporting again to the whole sellers then
retailers and finally the product/service is rendered by the consumers. In this
process (1), each stage gives a value to the
product. for example: when raw materials are purchased it’s been converted into
finished product which gives an addition value to the good/services. This,
addition is called as Value addition. Taking this step into consideration a tax
must be added. This tax was called as Value Added Tax (V.A.T). There were
stages wherein an excise duty was also charged. To bring in uniformity between these
processes an idea of G.S.T was launched. According to this Act, a single Tax
will be charged for the entire process that is G.S.T.
II.
OBJECTIVES:
1)
To
create uniformity: This can be achieved through charging similar percent of tax
throughout the process from purchasing the material to final consumption of
product.
2)
Corruption:
Free India: Uniformity in taxes would reduce the bribes taken by any manufacturer/wholesaler/retailer
as the charge for each product all over India would be same. This would lead to
two things: a) Transparency b) Boast in the economy
3)
Exempted
goods: GST has exempted goods and services like Education, Health services and
food. This brings us to the conclusion that Indian Government emphasised on the
below points such as:
a)
To
improve the health facility in India
b)
To
increase the rate of educated people
c)
To
make sure that every person in India gets food to eat.
III.
CONCEPT OF G.S.T:
For understanding the system (2) of G.S.T, the goods were divided into two parts:
i)
Intra-State
Supply: Intra-State Supply of goods means when, a producer/ manufacturer
supplies goods from one state to another state. This can also include outside
India.
In intra state supply the taxes will be divided into two
parts
A.
Central G.S.T
B.
State G.S.T
Central G.S.T
will be collected by the Central Government, whereas for State G.S.T will be
collected by the State Government.
ii)
Inter-state
Supply: In inter-state Supply the taxes will be constituted into
only one concept that is Integrated G.S.T. This will be divided among both
State and Central Government.
IV.
IMPLEMENTATION OF GST: UNDERSTANDING THE PROCESS:
Since
the liberalization in 1991, GST will perhaps be the biggest reform in Indian
economy. GST differs greatly from the previous tax regimes and when it
implemented, the economy will witness some massive changes.
Stage 1:
In
a hypothetical situation, a manufacture,
say a manufacturer of shirts, buys raw materials for production. For example,
threads, buttons, cloth, equipment, etc. Suppose these costs him Rs 100,
including the tax of Rs 10.(3)
In
the process of manufacturing and selling shirts, the producer invariably adds
value to the raw materials that he initially began working with. Suppose the
value addition is Rs 30. Therefore, the gross value of his product is now Rs
130. Applying a tax rate of 10%, the tax levied on him will be Rs 13. Although
under Goods and Service tax , this tax can be set off against the tax that has
already been imposed on inputs. The effective GST,
therefore is Rs 3 (Rs 13 –Rs 10).(4)
Stage 2:
In
this stage, the goods are passed on from producer to wholesaler. When the
wholesaler buys these goods from the manufacturer, he adds value to them, which
is basically his margin. In this example, let’s suppose it is Rs 20. The gross
value, therefore, increases by 20 and becomes Rs 150.(5)
The
tax rate of 10% is levied and the amount will be Rs 15. However, he can set off
this tax against the amount paid to the manufacture,
which was inclusive of tax. Therefore, the effective tax that will be levied
will be Rs 2 (Rs 15 –Rs 13).(6)
Stage 3:
This
is the final and last stage of this chain wherein; the retailer purchases the
good from the wholesaler. He makes a purchase of Rs 150, and further adds a
value of Rs 10. The gross value of sale,
therefore goes up to Rs 160. The tax that will be levied on this at the rate of
10% will be Rs 16. However, as in the earlier stage, the retailer can set this
off against the tax already paid by him at the time of purchase. Therefore, the
incidence of tax on him is Re 1 (Rs 16 –Rs 15).(7)
The
aggregate GDP of a good throughout this three stage chain (from manufacturer to
wholesaler to retailer) is Rs 10+ Rs 3+ Rs 2+ Re 1= Rs 16.(8)
A Non- GST Regime
In
the previous taxation system in India, i.e., Non-Goods and Service Tax regime,
there was a cascading effect, a “double counting” of tax, i.e., “tax-on-tax” as
there was no opportunities to set off tax
that has already been paid in an earlier
stage in the process of production.
Re-visiting
the example discussed above from a non-GST perspective, the manufacturer would
buy raw materials at Rs 100, an amount inclusive of tax, Rs 10. The good’s
aggregate value, therefore, becomes Rs 130, on which a tax of Rs.13 is
levied because there is no set off
against the tax of Rs 10 which the person has already paid. The good is then
bought by the wholesaler at Rs 143.
Wholesaler
adds a value of Rs 20 and the gross value sold by him becomes Rs 163. On this,
a tax of Rs 16.30 is levied and the sale value finally becomes Rs 179.30. The
wholesaler cannot set off his tax like in a GST regime and has to pay the tax
on the goods he purchases from the manufacturer.
Similarly, the retailer buys goods
at Rs 179.30 and sells it as Rs 208.23, which is inclusive of his value added
to it, of Rs 10 and tax of Rs 118.93. thus, the net tax on the chain from raw
materials to final retailer in a non-GST
regime will be Rs 10+ Rs 13+ Rs 16.30+ Rs 18.93 = Rs 58.23. The end consumer
will have to pay a total of Rs 208.23 (Rs 150+ Rs 58.23). This is a huge amount
compared to the final price to a consumer in a GST regime, which was Rs 166.
This simple example itself shows how massive the impact of GST will be, one in favour
of the consumers who will be at an advantage since the prices of goods and
services will be substantially lower.
The
previous taxation mechanism that India followed at both, central and state
levels is VAT system (Value Added Tax). This VAT or CENVAT, however, extends
only to central excise duty and service tax. The CENVAT is inefficient because
its scope is limited to the stage of manufacturing alone. It doesn’t even allow
the manufacturers the an opportunity to
set off this tax already paid by them against other central taxes such as
surcharges or excise duties.(9)
Due
to these inefficiencies of the previous taxation system, several industrial
bodies in India and MNC within India are looking forward to the new tax regime.
FICCI, for example, said that the much-awaited GST will be one of the most
significant steps taken by the government in the area of indirect taxes. The
organization has said that from the consumer point of view, this would be a
monumental achievement. There will be a huge reduction in the overall tax
burden on consumers, which is currently 25% to 30%. The introduction of GST will also make Indian products competitive
in the global market. With a drastic reduction in prices, the economy will
witness a spur in growth.(10)
This
amalgamation of Central and State taxes into one will not only make mitigate
the issues of double taxation but also pave way for a common national market.
In Mixed Scenario
Goods
and Services Tax is a uniform taxation system which allows seamless transfer of goods and services. This is the most simplified tax which
facilitates multiple benefits such as increase
in Gross Domestic Product (GDP), increase
in tax collections, no differences between State’s taxes, strengthening of the
economy and more importantly eliminates all complications in indirect taxes.
All
the previous indirect taxes such as VAT, service tax, central excise duty, will
cease to exist with the introduction of
GST. Previously, in case of manufactured
consumer goods the consumer is charged around 25 to 26 per cent more than the cost of production due to excise duty and
value added tax. Sometimes, it may even go up to 30 per cent. Experts predict
that the GST rate in India may be in between 14 and 16 per cent. The benefit of
reduced taxes may be passed on to the consumer by the dealer in the long-run
and thus, there are chances of decrease
in the prices of basic goods.(11)
V.
RECENT ISSUES OF GST IN INDIA:
The impact of consumers was based on the rate at which
tax is charged. Now, let’s have a look at what issues have come up after the
implementation of GST.
The issues are as follows:
A.
Sanitary
Napkins:
Sanitary napkins have been raised up to 12%. Already the
use of Sanitary Napkins is less because women cannot afford the cost at which it’s
sold. Moreover, due to GST the prices are rising and rising. One of the
targeted products is Sanitary Napkins. Why are their prices being hiked? It’s a
product for a woman to have comfortable lifestyle during their menstrual
cycles. It’s not a luxury product. The main reason for same is because the raw
materials (12) required for the following
product is increasing. This reason was given by B. Pramod Nair, partner and
director of Wager hygiene. This can affect the hygiene of a woman which can
lead to many diseases.
B.
Rise
in price in food industry:
Restaurants and hotels are mainly charging the tax either
by 12% or 18%. Moreover, to recover the amount this industry is raising the
prices of food and beverages which has led to decrease in consumption (13) of food and furthermore, leads to dip in sales of
hotels and restaurants. This has been a major issue in place like Chennai.
C.
Tamil
Nadu’s Entertainment Tax:
Tamil Nadu theatres were on strike (14) for four days because the government wanted to
charge 30% as entertainment tax with 28% GST on movie tickets. Though, later
this demand was withdrawn. But the point of concern in this issue is when
government has decided one country one tax then how can any state government
charge extra to the consumers. This would make consumers to restrain themselves
from watching movies.
The Factors affecting consumers are as follows:
Financial
and Consumption Factors
- Social Factor
- Psychological Factors
- Habitat Good
VI.
COMPARATIVE
STUDY BETWEEN INDIA AND OTHER COUNTRIES:
There are 140
countries who have adopted Goods and Services Taxes system. France was the first country to implement
G.S.T in the country. Let’s have a comparative study of India and other parts
of world.
France
(15) and India:
S.No |
Points for Difference |
France |
India |
1 |
Act Name |
It was the first
country to introduce GST in 1954. It is also Known
as Value Added Tax |
It is introduced
recently in 2017. It is also Known
as Goods and Services Tax (India) |
2 |
Objective |
The main objective
(16) was to reduce Sales Tax and tariffs which
would not encourage Smuggling and cheating |
To create one Tax
under the umbrella of indirect Taxes. |
3 |
Standard Rate |
The standard rate
is 20% |
The standard rate
is 28% |
4 |
Exempted items |
Has exempted G.S.T
under transactions of: a. Government b.
Diplomatic relations c. exports d. Goods and Services especially exercised by
the government. |
Has exempted G.S.T
Under Health care, Education Services and food items. |
Having looked at
this comparative study, we can understand that France Government emphasised on
at two aspects:
1. To
make services convenient for their citizens.
2. To
improve relations with other countries by exporting their products and by
maintaining diplomatic relations.
Singapore
(17) and India:
S.No |
Points for Difference |
Singapore |
India |
1 |
Act Name |
It was introduced
on 1st April 1994. It is also known
as Goods and Services Tax |
It is introduced
recently in 2017. It is also Known
as Goods and Services Tax (India) |
2 |
Objective |
It was intended (18) to shift taxes from income based to a
consumption based to boast Singapore’s International competitiveness |
To create one Tax under
the umbrella of indirect Taxes. |
3 |
Standard rate |
Standard rate is
7% |
The standard rate
is 28% |
4 |
Exempted items |
The items exempted
under GST are as follows: Real estate, Financial Services and residential
area. |
Has exempted G.S.T
Under Health care, Education Services and food items. |
With
above study, we get to know that Singapore Government has emphasised on one
thing that is to improvise the Standard of living its financial services as
well being a capital of Finance.
United
Kingdom (19)
and India:
S.No |
Points For Difference |
United Kingdom |
India |
1 |
Name of the Act |
It was introduced in 1973. It is also known as Value Added Tax |
It is introduced recently in 2017. It is also Known as Goods and Services Tax (India) |
2 |
Objective |
It had introduced (20) to join the
European Economic Community. |
To create one Tax under the umbrella of indirect Taxes. |
3 |
Standard Rate |
Its standard rate is 20% |
The standard rate is 28% |
4 |
Exempted Goods |
Medical, Education, Finance and Insurance. |
Has exempted G.S.T Under Health care, Education Services and food items |
With above
study, we can understand that Britain Government emphasised on three things:
1. To
encourage the rate of education
2. To
improve the Medical facilities
3. To
make sure every person has enough money.
Canada
(21)
and India.
S.No |
Points for Difference |
Canada |
India |
1 |
Name of the Act |
It was introduced on 1st January,1991. It is also known as Federal Goods and Service Taxes and Harmonised Sales
Tax |
It is introduced recently in 2017. It is also Known as Goods and Services Tax (India) |
2 |
Objective |
It was implemented to improve the ability of manufacturing sector and its
ability to export competitively. |
To create one Tax under the umbrella of indirect Taxes |
3 |
Standard Rate |
GST- 5% HST- 0%-15% |
The standard rate is 28% |
4 |
Exemption |
Real estate, Financial Services, Health, Education, Charities, Rent. |
Has exempted G.S.T Under Health care, Education Services and food items |
From the above
study, we understand that Canadian Government emphasised on three things:
1. To
increase the Education Rate.
2. To
improve the standard of living
3. To
make sure that each person gets a shelter.
With Comparison
of India with developed countries two questions arise before us?
Q.1. Why India
follows dual system of GST?
Q.2. Why India
has higher rate of GST?
A.1 As India is
a federal (22) country, GST has been decided to
be collected by both Central and State government. The main reason for applying
GST to both levels of government was to satisfy the constitutional requirement
that is to have principle of federalism.
A.2 The main
reason to rate higher rate (23) of GST was
because government feared of loss in receiving revenue. Therefore, it was
changed two-three times.
Note:
Only countries like Canada, Brazil and India have a dual system of GST.
VII.
RECOMMENDATIONS:
One cannot clap with one hand. Therefore, this Act can
only be successful when government, Manufacturers/Traders, Whole
sellers/Retailers and Consumer know their duties for the following.
A.
Government:
As government has implemented the plan it’s their duty to
control the same. This can be achieved by:
1)
Conducting
daily meetings and discuss on the on-going issues.
2)
To
take stringent action if same is not followed by the traders.
3)
Always
think by stepping into shoes of consumers.
4)
To
take initiative of training people for GST
B.
Manufacturers/Traders:
- 1) The manufactures/ traders should take in account that consumer is a
King and should take decisions accordingly.
- 2) They must not charge more than expected price to the Whole
sellers/Retailers.
- 3) Must grant proper bill to whole sellers/Retailers
- 4) Must follow instructions as given by the government
C.
Whole
sellers/Retailers:
1)
Must
not accept goods at higher than the rate charged by Manufacturers/Traders
2)
Must
not charge product at higher price to earn profit.
3)
Must
grant proper bill to the consumer
4)
Must
follow instructions as given by the government.
D.
Consumers:
1)
Consumer
should ask for proper bill
2)
In
case of any deficiency of goods/services, Higher price charged than MRP by
Manufacturers/Traders/Whole sellers/Retailers consumer must file a complaint in
Consumer Dispute Redressal Forum.
VII.
CONCLUSION:
The
primary purpose of GST is to put an end to the multiple tax regimes on goods
and services and bring them under a single umbrella tax. The taxes like octroi,
excise duty, service tax, etc. Though the impact of GST cannot be exactly
predicted yet, it is expected that prices of goods will reduce significantly.
The cascading effect of “tax-on-tax” will diminish in the case of goods whereas
the prices of services are likely to increase. These effects are expected to
cancel each other out but nothing can be said with certainty yet. Though the
experiences of countries suggest that the GST system is far superior to the
multiple-tax regime of India. However, it is strongly recommended that
lawmakers and government administrators shift their gaze towards the errors
these countries made while implementing this one-tax regime.
While
it will be a monumental achievement for India if this regime can reduce prices
and make business easier in India, consumers, for whom this change has been
initiated, shouldn’t be ignored. Till now, the government has concentrated
mostly on price reduction but necessary steps should be taken to ensure the
rights of consumers aren’t being infringed. There should be a provision in the
GST bill that redefines consumer rights along the lines of GST. Since the
practice of imposing several taxes has been followed for several years, people
need to be made aware of this change in the fiscal policy, lest they could be
duped by sellers and service providers.
Another
issue that the government may face while implementation is one of revenue
neutral rate. A few renowned economic analysts are of the view that if the
three items, i.e., tobacco, petroleum and alcohol, are included, the neutral
rate of 27% that has been decided will most probably come down to about 18%.
However, this isn’t a highly logical conclusion. This rate will come down if
and only if the average duty on these three commodities is lesser than 27%. But
these three are heavily taxed. The average rate of tax on these goods is much
higher than that of other goods. Hence, if these are included in GST, there is
a very low chance that the neutral rate will reduce. Some of the expert
committees, previously, have recommended a mere 18% but this just an estimate
and hasn’t been calculated in great.
In
conclusion, though there are many hurdles in implementation of GST, its results
are definitely worth the hardships. As long as India doesn’t disregard the
lessons of other countries and consumer rights, this path will surely lead this
country to prosperity.
FOOTNOTES:
1. What
is GST law in India? Goods and Services Tax law explained. July
24,2017,02:39:14 pm available at https://cleartax.in/s/gst-law-goods-and-services-tax
2. Guide
to CGST, SGST, IGST.30th
May,2017 available at https://www.indiafilings.com/learn/guide-to-cgst-sgst-and-igst/
3. Goods
and Services Tax (GST) Bill, Explained,
The Indian Express (October 19,
2016) available at http://indianexpress.com/article/explained/gst-bill-parliament-what-is-goods-services-tax-economy-explained-2950335/
(Last visited on September 29, 2016).
4. Ibid.
5. Goods
and Services Tax (GST) Bill, Explained,
The Indian Express (October 19,
2016) available at http://indianexpress.com/article/explained/gst-bill-parliament-what-is-goods-services-tax-economy-explained-2950335/
(Last visited on September 29, 2016).
6. Ibid
7. Goods
and Services Tax (GST) Bill, Explained,
The Indian Express (October 19,
2016) available at http://indianexpress.com/article/explained/gst-bill-parliament-what-is-goods-services-tax-economy-explained-2950335/
(Last visited on September 29, 2016).
8. Ibid
9. Goods
and Services Tax (GST) Bill, Explained,
The Indian Express (October 19,
2016) available at http://indianexpress.com/article/explained/gst-bill-parliament-what-is-goods-services-tax-economy-explained-2950335/
(Last visited on September 29, 2016).
10. Looking
Forward to GST Becoming a Reality: FICCI,
The Indian Express (august 3, 2016) available
at http://indianexpress.com/article/business/business-others/looking-forward-to-gst-becoming-a-reality-ficci-2950131/
(Last visited September 29, 2016)
11. R.
Kavitha Rao ,Working Paper 2008-57 on “Goods and Services Tax for India”, National Institute of Public Finance and Policy,
3, (2013).
12. Gireeesh
Chandra Prasad &SapnaAgrawal, GST Rollout: Government defends tax on
sanitary pads and disability aids, July,07,2017,20:12, available at http://www.hindustantimes.com/business-news/gst-rollout-government-defends-tax-on-sanitary-pads-and-disability-aids/story-9VCx6JdFwxv1hBW0G4v9lN.html
13. SangeetaKandavel.
For eateries, GST a ruse to raise prices.July,22,2017, available at http://www.thehindu.com/news/cities/chennai/for-eateries-tax-a-ruse-to-raise-prices/article19327719.ece
14. Tamil
Nadu theatres to open as entertainment tax row ends.
July,06,2017, available at http://www.newindianexpress.com/states/tamil-nadu/2017/jul/06/tamil-nadu-theaters-to-open-as-entertainment-tax-row-ends-1625083.html
15. GST
in India vs GST in other countries: How India differs, June,09,2017,07:39:05
pm, available at https://cleartax.in/s/gst-india-and-other-countries-comparison
16. Goods
and Services Tax (GST), October,29,2012
available at https://timetrimebooksoftwaresolutionslawcrux.wordpress.com/2012/10/29/goods-and-service-tax-gst-in-france/
17. GST
in India vs GST in other countries: How India differs, June,09,2017,07:39:05
pm, available at https://cleartax.in/s/gst-india-and-other-countries-comparison
18. Introduction
to Goods and Services Tax available at http://eresources.nlb.gov.sg/history/events/c5594d45-4948-4080-a6fb-5175eb8d83c3
19. GST
in India vs GST in other countries: How India differs, June,09,2017,07:39:05
pm, available at https://cleartax.in/s/gst-india-and-other-countries-comparison
20. Harry
Wallop, General Election 2010: A brief history of Value added Tax July
25, 2017 available at http://www.telegraph.co.uk/news/election-2010/7582869/VAT-a-brief-history.html
21. GST
in India vs GST in other countries: How India differs, June,09,2017,07:39:05
pm, available at https://cleartax.in/s/gst-india-and-other-countries-comparison
22. Difference
between Indian GST and other countries GST
July 25th ,2017, 20:21 available at http://howtoexportimport.com/Difference-between-Indian-GST-and-GST-of-other-cou-2241.aspx
23. Sunny
Verma, Aanchal Magazine, GST Bill: The day after, government hints at rate
higher than 18% August 5,2016, 6:19 pm, available at http://indianexpress.com/article/business/economy/arun-jaitley-gst-bill-passed-goods-and-service-tax-rate-rajya-sabha-2954564/