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GST & Input Tax Credit

GST & Input Tax Credit

Basics of GST - Goods & Service Tax & its Working Model in India. Also Explains the Concept of adjustment of Input Tax Credit From Outward Liability.

Avatar for CA Shivam gupta

CA Shivam gupta

May 01, 2020

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Transcript

  1. TAX STRUCTURE IN INDIA  Person Pays tax from own

    Pocket.  Levied on Income and activities.  Reduce Inflation.  E.g.: Income Tax, Corporation Tax, Perquisite Tax.  Person Collects Tax from Customer and then pay to Government.  Levied on Goods & services.  Causes Inflation.  E.g.: GST, VAT, Sales Tax, Excise Duty. Direct Tax Indirect Tax
  2. INDIRECT TAX- BURDEN ON END CONSUMER Mr C Finally sold

    the goods to Mr D (Consumer) Basic Value: Rs 200 Add: GST@18%: Rs 36 Total Cost to Consumer: Rs 236
  3. HISTORY OF GST IN INDIA •France was the first country

    to introduce GST in 1954. Currently more than 140 countries use this system. But unlike many countries India has dual GST (CGST and SGST) system which was taken from Canada. GST in India was proposed way back in the year 2000. • The GST journey began in the year 2000 when a committee was set up to draft law. It took 17 years from then for the Law to evolve. In 2017 the GST Bill was passed in the Lok Sabha and Rajya Sabha. On 1st July 2017 the GST Law came into force.
  4. TAXES SUBSUMED IN GST Central Taxes Central Taxes Central Excise

    duty (CENVAT) Central Excise duty (CENVAT) Additional duties of Excise Additional duties of Excise Excise duty levied under Excise duty levied under medicinal & Toiletries medicinal & Toiletries Preparation Act Preparation Act Additional duties of customs Additional duties of customs (CVD & SAD) (CVD & SAD) Service Tax Service Tax Surcharges & Surcharges & Cesses Cesses State Taxes State Taxes State VAT / Sales Tax State VAT / Sales Tax Central Sales Tax (CST) Central Sales Tax (CST) Entertainment Tax Entertainment Tax Luxury Tax Luxury Tax Entry Tax ( All forms ) Entry Tax ( All forms ) Taxes on lottery, betting & Taxes on lottery, betting & gambling gambling Surcharges & Surcharges & Cesses Cesses
  5. TAXES NOT SUBSUMED IN GST • Basic Customs Duty •

    Export Duty • Toll Tax • Road and Passenger Tax • Electricity Duty • Stamp Duty • Property Tax  Note:Alcoholic beverages for human consumption are kept out of the purview of GST.  Note: GST on petroleum products would be levied from a notified date to be recommended by the GST Council
  6. RATES OF GST IN INDIA  Currently, GST has seven

    rate categories –  Exempt – Milk, Health Services, Salt, Unbranded Atta  0.25% - Diamonds, Precious stones  3% - Gold , Silver, Pearls.  5% - Sugar, Tea, Coffee  12% - Fruit Juice, Butter, Mobiles, Computers  18% - Toothpaste, hair oil, and soaps  and 28% - Luxury & sin items like BMWs, cigarettes aerated drinks, Consumer durables such as AC and fridge
  7. GST :CHARGEABILITY  “GST is a single tax on the

    Supply of Goods and Services, right from the manufacturer to the consumer”  It is the end consumer who will bear only the GST charged by the last dealer in the supply chain, with set-off benefits at all the previous stages.
  8. MEANING & SCOPE OF SUPPLY Supply includes : (a)All forms

    of supply of goods and/or services such as Sale, transfer, barter, exchange, license, rental, lease or disposal made or agreed to be made for a Consideration by a person in the course or furtherance of business, (b) Importation of services, whether or not for a consideration and whether or not in the course or furtherance of business, and (c) Supply made or agreed to be made without a consideration( These items are mentioned in SCH-I).
  9. MEANING & SCOPE OF SUPPLY Inward Supply:- “Inward Supply” in

    relation to a person, shall mean receipt of goods and/or services whether by purchase, acquisition or any other means and whether or not for any consideration Outward Supply :- “Outward Supply” in relation to a person, shall mean supply of goods and/or services, whether by sale, transfer, barter, exchange, license, rental, lease or disposal made or agreed to be made by such person in the course or furtherance of business Continuous Supply :- Means a supply of services which is provided, or agreed to be provided, Continuously or on recurrent basis, under a contract, for a period exceeding three months with periodic payment obligations and includes supply of such services as the Government may, subject to such conditions, by notification, specify.
  10. TYPES OF SUPPLY UNDER GST  Interstate business is business

    conducted between states.  For example, Mr A of Bareilly sells goods to Mr B of Delhi.  Intrastate business is business conducted within a particular state.  For example, Mr A of Bareilly sells goods to Mr C of Moradabad. INTER-STATE SUPPLY INTRA-STATE SUPPLY
  11. TYPES OF SUPPLY UNDER GST  IGST Will be levied.

     For Example: A sold goods to B Basic Value Rs 100 Add: IGST@ 18% Rs 18 Total Rs 118  CGST + SGST/UTGST will be levied.  For Example: A sold goods to B Basic Value Rs 100 Add: CGST@ 9% Rs 9 Add: SGST @9% Rs 9 Total Rs 118 INTER-STATE SUPPLY INTRA-STATE SUPPLY
  12. WHEN IT IS NOT A “SUPPLY”  Services by an

    Employee to the employer in the course of or in relation to his employment;  Services of funeral, burial, crematorium or mortuary including transportation of the deceased.  Actionable claims, other than lottery, betting and gambling  Such activities or transactions undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities, as may be notified by the Government on the recommendations of the Council.
  13. MIXED SUPPLY Means : Two or more individual supplies of

    goods or services, or any combination thereof, made in conjunction with each other by a taxable person for a single price where such supply does not constitute a composite supply; For Example : A supply of a package consisting of canned foods, sweets, chocolates, cakes, dry fruits, aerated drink and fruit juices when supplied for a single price is a mixed supply. The tax liability on a mixed supply comprising two or more supplies shall be treated as supply of that particular supply which attracts the highest rate of tax .
  14. COMPOSITE SUPPLY Supply made by a taxable person to a

    recipient comprising two or more supplies of goods or services, or any combination thereof, which are Naturally bundled and supplied in conjunction with each other in the ordinary course of trade, one of which is a principal supply; Example: Where goods are packed and transported with insurance, the supply of goods, packing materials, transport and insurance is a composite supply and supply of goods is the principal supply. Tax Rate: Principal Supply
  15. TEST YOUR KNOWLEDGE Question 1: Which was the first country

    to adopt GST? Options:-- A). USA B). Germany C). France D). India
  16. TEST YOUR KNOWLEDGE Question 2:Which GST Slab are Mobile Phones

    Covered? Options:-- A). 5% B). 12% C). 18% D). 28%
  17. TEST YOUR KNOWLEDGE Question 3 :What is the Commencement date

    of GST in India ? Options:-- A). 1 January 2017 B). 1 April 2018 C). 1 July 2018 D). 1 July 2017
  18. TEST YOUR KNOWLEDGE Question 4 : A of Delhi sold

    goods to Mr B of Noida. Which taxes will be levied? Options:-- A). CGST+ SGST B). IGST C). IGST+ CGST D). IGST+SGST
  19. TEST YOUR KNOWLEDGE Question 5 : Which of the following

    will not be covered under GST ? Options:-- A). Service by Employee to Employer B). Petroleum Products C). Funeral, Burial Services D). All of Above
  20. WHAT IS INPUT TAX CREDIT OR ITC ?  Input

    Tax Credit or ITC is the tax that a business pays on a purchase and that it can use to reduce its tax liability when it makes a sale.  In other words, businesses can reduce their tax liability by claiming credit to the extent of GST paid on purchases
  21. FOR EXAMPLE:- Mr A has purchased Goods from Manufacture Worth

    Basic Value: Rs 100 Add: GST @ 18% Rs 18 Total Purchase Invoice Value Rs 118 Now, he sold the same to Mr B For Basic Value: Rs 150 Add: GST @ 18% Rs 27 Total Sales Invoice Value Rs 177 Tax Payable by Mr A = Tax on Outward Supply –ITC On Purchase = Rs 27- Rs 18 = Rs 9 Note: That is why GST is a tax on Value Addition.
  22.  The concept is not entirely new as it already

    existed under the pre-GST indirect taxes regime (service tax, VAT and excise duty). Now its scope has been widened under GST.  Earlier, it was not possible to claim input tax credit for Central Sales Tax, Entry Tax, Luxury Tax and other taxes. In addition, manufacturers and service providers could not claim the Central Excise duty.  During the pre-GST era, cross-credit of VAT against service tax/excise or vice versa was not allowed. But under GST, since these taxes will be subsumed into one tax, there will not be the restriction of setting off this input tax credit.  The conditions to claim Input Tax Credit under GST is a very critical activity for every business to settle the tax liability.
  23. CONDITIONS TO CLAIM INPUT TAX CREDIT  Both must be

    a registered taxable person.  One can claim Input Tax Credit only if the goods and services received is used for business purposes.  Supporting documents – debit note, tax invoice, supplementary invoice, are needed to claim the Input Tax Credit.  If there is an actual receipt of goods and services, an Input Tax Credit can be claimed.  All GST returns such as GST-1, 2,3, 6, and 7 needs to be filed.
  24. HOW TO SET OFF TAXES ? Credit of CGST :-

    1). CGST 2). IGST Credit of SGST/UTGST :- 1). SGST/UTGST 2). IGST Credit of IGST :- 1). IGST 2). CGST 3). SGST/UTGST
  25. DOCUMENTS AND FORMS REQUIRED TO CLAIM ITC  Supplier issued

    invoice for supplying the services and goods or both according to GST law.  A debit note issued by the supplier to the recipient in case of tax payable or taxable value as specified in the invoice is less than the tax payable or taxable value on such supplies.  Bill of entry.  A credit note or invoice which is to be issued by the ISD (Input Service Distributor) according to the GST invoice rules.  An invoice issued like the bill of supply under certain situations instead of the tax invoice. If the amount is lesser than INR 200 or in conditions where the reverse charges are applicable according to the GST law.
  26. CAN NOT CLAIM INPUT TAX CREDIT (ITC)  Credit on

    Motor vehicles and other conveyances purchased or Expenses related to the normal use of motor vehicles for office purposes cannot be claimed as an input tax credit.  Supply of food and beverages, outdoor catering, beauty treatment, health service and cosmetic and plastic surgery.  Rent-a-cab, Life and health insurance.  Travel benefit to employees as leave or home travel concession
  27. CAN NOT CLAIM INPUT TAX CREDIT (ITC)  Works contract

    service for construction of immovable property.  Goods/services received for personal consumption.  Dealer under composition scheme- Neither the dealer nor the receiver of goods from the dealer can claim ITC  Membership in a club, Health, and Fitness centre.
  28. DUE DATE FOR CLAIMING ITC?  ITC must be claimed

    earlier of the following- a) Furnishing of annual return or b) Due date of filing the monthly return (GSTR-3b) for the next financial year’s September month.  Example- For the invoice dated 10/11/2017, ITC must be availed earlier of the following dates – The due date for September 2018 return – 20th October 2018 Annual return filed (assumed) – 10th November 2018 Thus till 20th October 2018, ITC must be availed.
  29. REGISTRATION NO. - GSTIN  PAN is compulsory to obtain

    registration under the GST Act – Section 19(4) of the Model GST Act  Exception - A non-resident taxable person and where suo-motu registration is issued till it is legalised with normal registration  PAN based 15 digit alpha-numeric code  First 2 digits is State Code – 09 For Uttar Pradesh, 07 For Delhi  3rd to 12th digit – PAN of the business entity  13th digit – Entity Code  14th digit – Blank for future use (“Z” in all cases)  15th digit – Check digit
  30. TEST YOUR KNOWLEDGE Question 1: GST Number starts with Options:-

    A). PAN Number B). Entity Code C). State Code D). Check digit
  31. TEST YOUR KNOWLEDGE Question 2: Mr A has purchased Goods

    as below:- 10 Jan : Rs 20000+ 3600 GST = Rs 23600 24 Jan : Rs 5000+ 900 GST = Rs 5900. During Month His sales total is Rs 30000+ 18% GST. Calculate NET TAX PAYABLE ? Options:- A). Rs 5400 B). Rs 900 C). Rs 500 D). Nil
  32. TEST YOUR KNOWLEDGE Question 3: Mr A has purchased Goods

    as below:- 20.01.2020 Goods costing Rs 50000+9000GST He has also purchased car Worth 300000+84000GST & Furniture Worth 20000+3600GST His sale for the month is 100000+18%GST. Calculate Net Tax Amount Payable in Cash? Options:- A). 18000 B ). 9000 C). 5400 D) Nil
  33. TEST YOUR KNOWLEDGE Question 4: Which of the following are

    INELIGIBLE for claiming ITC? A). Life Insurance Service B). Club Membership Fees C). Goods used for personal consumption D). All of above
  34. TEST YOUR KNOWLEDGE Question 5 : Credit of CGST Can

    be set off against? Options:- A). CGST Only B) CGST & IGST C). CGST & SGST/UTGST D) CGST, SGST/UTGST & IGST