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SUBMITTED BY:
Abhishek Das (2013/BA.LL.B/002)
Antim Amlan (2013/BA.LL.B/007)
Deepankar Dikshit (2013/BA.LL.B/012)
Kushagra Gupta (2013/BA.LL.B/022)
Vartika Chahal (2013/BA.LL.B/056)
TABLE OF CONTENTS
Table of Contents-----------------------------------------------------------------------------------------2
Hypothesis-------------------------------------------------------------------------------------------------4
Research Questions--------------------------------------------------------------------------------------5
Scope-------------------------------------------------------------------------------------------------------6
Research methodology----------------------------------------------------------------------------------7
Objective-----------------------------------------------------------------------------------------------7
Sources--------------------------------------------------------------------------------------------------7
Non-doctrinal Research-----------------------------------------------------------------------------7
Mode of Citation--------------------------------------------------------------------------------------7
Introduction-----------------------------------------------------------------------------------------------8
Justification of GST--------------------------------------------------------------------------------9
CHAPTERS---------------------------------------------------------------------------------------------11
Benefits of GST--------------------------------------------------------------------------------------11
Flaws of GST-----------------------------------------------------------------------------------------12
Opportunities:---------------------------------------------------------------------------------------14
An end to cascading effects:---------------------------------------------------------------------14
Growth of Revenue in States and Union:------------------------------------------------------14
Reduces transaction costs and unnecessary wastages:---------------------------------------14
Eliminates the multiplicity of taxation:---------------------------------------------------------14
One Point Single Tax:-----------------------------------------------------------------------------15
Reduces average tax burdens:-------------------------------------------------------------------15
Reduces the Corruption:--------------------------------------------------------------------------15
Challenges--------------------------------------------------------------------------------------------15
With respect to tax threshold:--------------------------------------------------------------------15
With respect to nature of taxes:------------------------------------------------------------------16
With respect to number of enactments of statutes:--------------------------------------------16
HYPOTHESIS
The paper throws light on different aspects of the proposed Goods and Services Tax (GST) in
India, its principles and objectives; its modus operandi, and its implications for governments,
industries and consumers. The papers also examines light on why the GST bill is still pending
in the parliament and throws light on genuine concerns of the state governments in this
government. The authors contend that flawless GST is one of the most important reform
agenda which can provide a new impetus to economy of the country and attain inclusive
growth.
RESEARCH QUESTIONS
I.
II.
III.
What are the merits and demerits of the Goods and Services Tax Bill, 2016?
What are the impacts of GST Bill on various stakeholders and affected parties?
What are the probable suggestions that should be recommended for an efficacious
IV.
taxation regime?
What are the implications of the new bill on the indirect taxation policy in India?
SCOPE
This paper focuses on the process of introducing the Goods and Services Tax (GST), bringing
out the perspectives of different stakeholders and the contentious issues. The GST was
expected to subsume a variety of taxes and simplify the indirect tax regime.
RESEARCH METHODOLOGY
Objective
The object of the Research Article is to gain an in-depth insight into the Goods and Services
tax bill, 2016 and its implementation and effects.
Sources
The sources that have been put to use for this research article are mostly secondary. Some
primary sources have also been referred to for the research. Secondary sources comprise of
printed and non-printed sources. Printed sources include books, articles and journals whereas;
non-printed sources include material from research databases like JStor, SSRN, Manupatra
and Hein online
Non-doctrinal Research
This work does not consist of any kind of doctrinal research. There is no reference to any
doctrines in particular. The work consists of statutory interpretation and case studies among
other things.
Mode of Citation
An uniform citation method has been used in the following work.
INTRODUCTION
Presently almost 150 countries in the world have introduced Goods and Services Tax (GST)
in one or the other form till now. France was the first country to introduce it. The idea of
launching GST in India was first initiated by Government of India in 2000 under the
leadership of Atal Bihari Vajpayee, the then Prime Minister of India.
However, the Bill lapsed with the dissolution of the 15th Lok Sabha. Later on, the
Constitution Amendment (122nd) Bill 2014 on GST was introduced in the Lok Sabha on
December 19, 2014 and it was passed in the Lok Sabha on May 6th 2015. The Constitution
Amendment (122nd) Bill 2014 (CAB) was referred to the Select committee of Rajya Sabha
on May 14, 2015. On July 22nd 2015, the Select Committee has submitted its report with
appropriate modifications and some recommendations for incorporation. Now the CAB
awaits the approval in the Rajya Sabha. GST is a value added tax levied across goods and
services.1
The GST regime intends to subsume most indirect taxes under single taxation regime. The
broad objectives of GST are to widen the tax base, eliminate cascading of taxes, increase
compliance through lowering of overall tax burden on the goods and services and reduce
economic distortions caused by inter-state variations in taxes. By doing away with latent or
embedded taxes, it would provide leeway for the competitiveness of domestic industry vis-avis imports and in international markets.2
Kelkar Committee Report and the events that followed.
A Task Force on the implementation of Fiscal Responsibility and Budget Management Act
was formed by the Central Government on February 18, 2004 under the chairmanship of
Vijay Kelkar in 2003. The report submitted to the Central Government on July 16, 2004,
strongly recommended the adoption of GST for the indirect taxation in India. The Kelkar
Task Force report stated that India has been moving slowly but steadily towards VAT since
1 Sury, M M (ed) (2006). Taxation in India 1925 to 2007: History, Policy, Trends and
Outlook, Indian Tax foundation, New Delhi
2
http://www.ficci.com/spdocument/20238/Towar
2013.pdf
ds-the-GST-Approach-Paper-Apri-
3 Sury, M M (ed) (2006). Taxation in India 1925 to 2007: History, Policy, Trends and
Outlook, Indian Tax foundation, New Delhi
4 Bird, Richard M. (2012). The GST/HST: Creating an integrated Sales Tax in a Federal
Country. The School of Public Policy, SPP Research Papers, 5(12), 1-38.
5 Supra 3.
6 Vasanthagopal, Dr. R. (2011). GST in India: A Big Leap in the Indirect Taxation System.
International Journal of Trade, Economics and Finance, 2(2), 144-146.
7 Empowered Committee of Finance Ministers (2009). First Discussion Paper on Goods and
Services Tax in India, The Empowered Committee of State Finance Ministers, New Delhi.
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CHAPTERS
Benefits of GST
Three major benefits will flow from the GST. Firstly, as the Prime Minister outlined in an
interview, the GST will increase the resources available for poverty alleviation and
development. This will happen indirectly as the tax base becomes more buoyant and as the
overall resources of the Central and State governments increase. But it will also happen
directly because the resources of the poorest States for example, Uttar Pradesh, Bihar, and
Madhya Pradesh who happen to be large consumers, will increase substantially. Second,
the GST will facilitate Make in India by making one India.9
The current tax structure unmakes India, by fragmenting Indian markets along State lines.
Three features of the current system cause these distortions: the Central Sales Tax (CST) on
inter-State sales of goods; numerous intra-State taxes; and the extensive nature of
countervailing duty exemptions that favours imports over domestic production. In one fell
swoop, the GST would rectify all these distortions: the CST would be eliminated; most of the
other taxes would be subsumed into the GST; and because the GST would be applied on
8 Parkhi, Shilpa. Goods and Service Tax in India: the changing face of economy. Retrieved
from: http://www.parkhiassociates.org/kb/gstcfe.pdf.
9 Agrawal, Puneet (2016-07-11). "Analysis of 122nd Constitutional Amendment Bill".GST
LAW IN INDIA. Athena Law Associates.
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Opportunities:
AN END TO CASCADING EFFECTS:
This will be the major contribution of GST for the business and commerce. At present,
there are different state level and centre level indirect tax levies that are compulsory one
after another on the supply chain till the time of its utilization.
GROWTH OF REVENUE IN STATES AND UNION:
It is expected that the introduction of GST will increase the tax base but lowers down the
tax rates and also removes the multiple point This, will lead to higher amount of revenue
to both the states and the union.
REDUCES TRANSACTION COSTS AND UNNECESSARY WASTAGES:
If government works in an efficient mode, it may be also possible that a single
registration and single compliance will suffice for both SGST and CGST provided
government produces effective IT infrastructure and integration of such infrastructure of
states level with the union.
15 Empowered Committee of State Finance Ministers (2009). First Discussion Paper on GST,
Government of India, New Delhi.
16
http://www.ficci.com/spdocument/20238/Towards-the-GST-Approach-Paper-Apri2013.pdf
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23 India. Implementation of Value Added Tax in India: Lessons for Transition to Goods and
Services Tax : a Study Report. New Delhi: Comptroller and Auditor General of India, 2010.
24 India. Implementation of Value Added Tax in India: Lessons for Transition to Goods and
Services Tax : a Study Report. New Delhi: Comptroller and Auditor General of India, 2010.
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25 Mathur, Vibha. Foreign Trade of India, 1947-2007, Trends, Policies, and Prospects. New
Delhi: New Century Publications, 2006.
26 Viswanathan, B. (2016). Goods and services tax (GST) in India.
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Distribution
33 An overview of the recently passed Goods and Services Tax (GST) Bill - The Hindu.
(2016, August 12). Retrieved from http://www.thehindu.com/features/homes-and-gardens/anoverview-of-the-recently-passed-goods-and-services-tax-gst-bill/article8979679.ece
34 Due, J. F. (1970). Indirect taxation in developing economies: The role and structure of
customs duties, excises, and sales taxes. Baltimore: Johns Hopkins Press.
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and
profitability
Cash flow
management
35 Rawat D, 'Goods and Services Tax in India: Taking Stock and Setting Expectations' (2016)
<http://www2.deloitte.com/content/dam/Deloitte/in/Documents/tax/in-tax-gst-in-indiataking-stock-noexp.pdf> accessed 24 August 2016.
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Increase in deduction limit under Sec 80D to Rs 25,000 and for senior citizens to Rs
30,000.
36 Kumar, Nitin (2014). Goods and Services Tax in India: A Way Forward. Global Journal of
Multidisciplinary Studies, 3(6), 216-225
37 Dhanabhakyam, M., & Geetha, S. (2008). Indirect taxation. New Delhi: Serials
Publications.
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Rs 1, 50,000.
Increase in transport allowance exemption to Rs 1,600 per month.
Although the above changes will help an individual reduce his tax liability, but it doesnt
increase his disposable income.38
Further we also see a rise in service tax rates to 14%.Further an enabling provision is made to
empower the Central Government to impose a Swatch Bharat cess on all or certain taxable
services at a rate of 2%. Which mean that the effective rate of service tax will increase to
16%.
Needless to say it will impact the middle class as essential services will become costlier. Not
good for the middle class people, since exemption limits remain same no increase in
disposable income but expenses on movies, hotels, travel, legal, banking , restaurants etc all
will increase.39
What it means for the economy:
The intent of the budget is very clear, the government wants to encourage setting up of
business in India and wants to facilitate the ease of doing business also. Growth of industries
in India is necessary for job creation and as expected the focus is on encouragement to
corporate.
The government by giving benefits in the form of deductions rather than increasing the
exemption limits to individuals had shown that its intent is to increase the amount available
for investments and not to increase short term demands. This is in line with its strategy of
enhancing investments.40
38 India Makes Progress on GST Implementation - India Briefing News. (n.d.). Retrieved
from http://www.india-briefing.com/news/indian-gst-deal-paves-tax-reforms-8938.html
39GST Bill: States to get relief - The Hindu.
Retrieved from
http://www.thehindu.com/business/Economy/gst-bill-states-to-get-relief/article6698377.ece
40 Tax Reform Commission to submit first report in six months: Parthasarathi Shome - The
Hindu. (n.d.). Retrieved from http://www.thehindu.com/business/Economy/tax-reformcommission-to-submit-first-report-in-six-months-parthasarathi-shome/article5258159.ece
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41 Kelkar,Vijay (2009). GST Reduces Manufacturing Cost and Increases Employment, Times
of India.
42 Empowered Committee of Finance Ministers, 2013
43 Nitin Kumar (2014), Goods and Service Tax in India-A Way Forward, Global Journal
of Multidisciplinary Studies, Vol 3, Issue6, May 2014
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In the present scenario the inputs which help the industries to generate power are taxed but
the companies are self-enabled in neutralising the input taxes against liabilities on outputs
other than power. However electricity and power are subjected to the tax duties levied by the
respective state government and are paid by the consumer.
On being discharged from the GST bill, the cost of power will increase from 6-18% for the
consumers as the industries will continue to pay taxes on the inputs but will not generate any
credit on the output. With reference to the renewable energy sector, the input of the
machinery and equipment will be taxed and the companies will suffer losses due to high input
costs and can lead the economy towards inflation.
The solution or the consent is the inclusion of the power sector in GST bill and bringing a
compensation policy on the taxes imposed on input with zero rated output.
START-UPS TO BE UTILISED AS AN INTERFACE TO CREATE AN EFFICIENT WORK ECOSYSTEM.
With the change in the new policies with respect to the taxation, the government needs to
train and transmit the GST policies and aspects. To help the new trade to adapt and flourish in
47 Report of the 14th Finance Commission, Chapter 13, Goods and Services Tax, February
24, 2015.
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48 Towards GST Regime In India, Shruti Garg, International Journal of Scientific Research
and Management, 2015.
49 GST in India: A Big Leap in the Indirect Taxation System, R. Vasanthagopal, International
Journal of Trade, Economics and Finance 2011
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50 Preparing the way for a modern GST in India, Sijbren Cnossen, International Tax and
Public Finance 2013
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CONCLUSION
GST is the most logical steps towards the comprehensive indirect tax reform in our country
since independence. GST is leviable on all supply of goods and provision of services as well
combination thereof. All sectors of economy whether the industry, business including Govt.
departments and service sector shall have to bear impact of GST.51
All sections of economy viz., big, medium, small scale units, intermediaries, importers,
exporters, traders, professionals and consumers shall be directly affected by GST. One of the
biggest taxation reforms in India, the Goods and Service Tax (GST) is all set to integrate
State economies and boost overall growth. GST will create a single, unified Indian market to
make the economy stronger. Experts say that GST is likely to improve tax collections and
Boost Indias economic development by breaking tax barriers between States and integrating
India through a uniform tax rate. Under GST, the taxation burden will be divided equitably
between manufacturing and services, through a lower tax rate by increasing the tax base and
minimizing exemptions.52
51http://www.thehindu.com/business/Economy/gst-will-remove-cascading-effect-of-leviespranab/article3446952.ece
52 Thirteenth Finance Commission (2009). Report of Task Force on Goods & Service Tax.
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