Mohd Nazim Saifi
Mohd Nazim Saifi
Mohd Nazim Saifi
Supervisor Researcher
Mr. Dheeraj Goyal Mohd Nazim Saifi
(Asst. Professor) Roll No.- 210291303040
Department of Commerce
-Research Center-
Department of Commerce
CH.VEDRAM COLLEGE OF HIGHER EDUCATION
SIRODHAN, HAPUR-245101
2023-24
DECLARATION
In India, there exist several indirect taxes that are either levied
by the Central Government or by the state government such
as Excise Duty, Customs Duty, Service Tax, Sales Tax,
Stamp Duty, Octroi and many more. There have been
various attempts to reform the indirect tax structure to
make the tax system simple, stable and burdensome.
The Goods and Services Tax (GST) represents one of the most
significant fiscal reforms in many countries, including India and
Australia, aimed at streamlining the indirect taxation system.
Implemented to replace a multitude of state and national taxes, GST is
a comprehensive, multi-stage, destination-based tax that is levied on
every value addition. The primary objective of GST is to create a
unified market, ensuring seamless movement of goods and services
across regions by eliminating the cascading effect of multiple taxes.
This reform not only simplifies the tax structure but also enhances
transparency and compliance.
GST is characterized by its dual nature, where both the central and state
governments have the authority to levy taxes. In India, for instance,
this system is manifested in the form of Central GST (CGST), State
GST (SGST), and Integrated GST (IGST) for inter-state transactions.
This dual GST model ensures that both levels of government have a
concurrent right to tax the supply of goods and services, thereby
maintaining the federal structure. The introduction of GST has led to
the abolition of various indirect taxes like Value Added Tax (VAT),
service tax, excise duty, and others, which were previously levied
separately at different stages of the supply chain.
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OBJECTIVES OF THE STUDY
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GOODS AND SERVICES TAX (GST)
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consumption, which would subsume various central and
state taxes, thereby creating a seamless national market.
However, the political and logistical challenges of
achieving consensus among states, which were
apprehensive about potential revenue losses and the
erosion of fiscal autonomy, delayed the progress of GST
implementation.
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plethora of central and state taxes such as excise duty,
service tax, and value-added tax (VAT) with a single,
unified tax structure. This reform not only simplified the
tax regime but also aimed to enhance compliance, reduce
the tax burden on businesses, and create a more integrated
and efficient national market. The genesis of GST in
India is a testament to the collaborative effort and
persistent drive towards achieving a simplified and
transparent tax system that aligns with global standards.
MULTI-STAGE
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of GST on India's economic growth has been significant,
promoting a more organized, transparent, and efficient
economic framework that supports sustained growth and
development.
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SOME IMPORTANT DEFINITIONS IN GST
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➢ MONEY [sec.2(75) of CGST Act]
“money” means the Indian legal tender or any foreign
currency, cheque, promissory note, bill of exchange,
letter of credit, draft, pay order, traveller cheque, money
order, postal or electronic remittance or any other
instrument recognized by the reserve bank of India when
used as a consideration to settle an obligation or
exchange with Indian legal tender of another
denomination but shall not include any currency that is
held for its numismatic value.
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WHAT ARE THE COMPONENTS OF GST?
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PROBLEM IN THE IMPLEMENTATION OF GST
GST
CHALLANGES
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registration, return filing, invoice matching, and tax
payment processes. However, the GST Network (GSTN)
portal faced initial technical glitches, including slow
response times, crashes, and system errors, which
hindered smooth compliance and led to frustration
among taxpayers.
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navigate complex compliance requirements for invoicing,
documentation, and tax credits. Compliance with IGST
provisions, particularly for businesses with operations
across multiple states, posed logistical and administrative
challenges.
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LITERATURE REVIEW
India is a federal country and both the Centre and States have
the right to collect taxes. Each state is independent in levying
and collecting taxes. The taxation powers are defined
clearly in the Indian Constitution. Centre collects all the
direct taxes (income tax, corporate taxes etc)along with the
Indirect taxes like Service Tax, Excise duty and Customs duty.
The States cannot also tax imports. All this needs to be changed
with the GST and hence would require amendments in the
Indian Constitution. That is the reason why the 115th
Constitution Amendment Bill has been introduced;
implementation of GST has always been seen as a
concern for States as they surrender their powers to tax.
This is a very difficult issue and as a result number of
discussions have followed between the stakeholders.
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GSTN
The GSTN (Goods and Services Tax Network) is the
backbone of the GST regime in India, established as a non-
profit organization, GSTN operates the technology platform for
the administration of GST and provides various services to
taxpayers, tax authorities, and other stakeholders. Its primary
functions include taxpayer registration, return filing, tax
payment processing, invoice matching, and data analytics. The
GSTN portal, managed by GSTN, serves as the central hub
where taxpayers interact with the GST system, facilitating
seamless registration, compliance, and administration of GST
laws. With its robust IT infrastructure and advanced technology
solutions, the GSTN plays a crucial role in ensuring the smooth
functioning of the GST regime, enhancing transparency,
efficiency, and compliance in the taxation system.
Purpose of GST Identification Number (GSTIN)
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GST REGISTRATION
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COMPOSITION DEALER
APPLICABILITY
The threshold limit for the composition scheme under GST
varies depending on the type of business and the state in which
the business operates. As of my last update, the threshold limit
for eligibility for the composition scheme for goods suppliers
is INR 1.5 crores (aggregate turnover in the preceding
financial year). However, for special category states and
Union Territories, this threshold may differ.
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For businesses providing services or a mix of goods and
services, the threshold limit for composition scheme eligibility
is INR 50 lakhs. Again, this threshold may vary for special
category states and Union Territories.
MIGRATION TO GST
Migration to GST refers to the process by which existing
taxpayers registered under the previous indirect tax regime,
such as VAT, Service Tax, Central Excise, etc., transition into
the Goods and Services Tax (GST) system. It involves the
registration of these taxpayers on the GST portal and the
migration of their tax-related data from the old system to the
new GST regime. The migration process typically requires
taxpayers to provide certain information and documents, such
as PAN, registration certificates, and financial statements, to
facilitate a smooth transition. Once migrated, taxpayers are
issued a new GST Identification Number (GSTIN) and are
required to comply with the provisions of GST, including filing
returns and paying taxes as per the new regulations.
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PENALTIES FOR NOT REGISTRATION UNDER GST
Not registering under GST when required can lead to
penalties. The penalty for not registering under GST can be
significant, often amounting to a percentage of the tax
evaded or a specified amount per day of default, whichever
is higher. Additionally, non-registration may result in fines
and legal consequences, including prosecution. Businesses
must comply with GST registration requirements to avoid
penalties and ensure legal compliance.
MULLTIPLE REGISTRATION UNDER GST
Multiple registrations under GST refer to the scenario where a
business or entity obtains more than one GST Identification
Number (GSTIN) for different branches, business verticals, or
states. This could happen due to various reasons, such as
separate legal entities within a corporate group, distinct
business operations in different states, or the need to segregate
taxable activities for compliance purposes.
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TIME AND PLACE OF SUPPLY OF
GOODS & SERVICES
TIME OF SUPPLY OF GOODS
Under GST, the point of taxation, i.e., the liability to pay
CGST/SGST will arise at the time of supply as determined for
Goods & Services. The time of supply of Goods shall be the
earlier of the following dates, namely:-
• The date of issue of invoice by the supplier (or the last date
on which he is required to issue the invoice) or
• The date on which the supplier receives the payment
concerning the supply. The time of supply of goods where tax
is to be paid on reverse charge shall be the earlier of the
following dates, namely :
• The date of receipt of goods, or
• The date of payment or
• 30 days from the date of issue of invoice by the supplier (If
it is not possible to determine under i), ii) or iii), the date of
entry of supply in the books of the recipient)
The time of supply of goods in case of vouchers shall be the
earlier of the following dates, namely :
• The date of issue of the voucher; or
• The date of redemption of the voucher. (If the date could not
be determined then the date of periodical return filed or the date
on which the CGST/SGST is paid.
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TIME OF SUPPLY OF SERVICES
The time of supply of services shall be the earliest of the
following dates, namely:
i. The date of issue of the invoice or
ii. The date of receipt of payment.
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PLACE OF SUPPLY OF SERVICES (The place of supply
of services would be the location of the recipient
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INPUT TAX CREDIT
An uninterrupted and seamless chain of input tax credit
(hereinafter referred to as, “ITC”) is one of the key features of
Goods and Services Tax. ITC is a mechanism to avoid
cascading of taxes. Cascading of taxes, in simple language, is
‘tax on tax’. Under the present system of taxation, credit of
taxes being levied by the Central Government is not available
as a set-off for payment of taxes levied by State Governments,
and vice versa. One of the most important features of the GST
system is that the entire supply chain would be subject to GST
to be levied by Central and State Governments concurrently.
As the tax charged by the Central or the State Governments
would be part of the same tax regime, the credit of tax paid at
every stage would be available as a set-off for payment of tax
at every subsequent stage. Under this new system, most of the
indirect taxes levied by Central and State Governments on the
supply of goods or services or both would be combined under
a single levy.
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goods also, the present levy of Countervailing Duty (CVD)
and Special Additional Duty(SAD) would be replaced by
IGST.]
The protocol to avail and utilize the credit of these taxes is as
follows:-
Credit of To be utilized Balance can be
first for payment utilized for
of payment of
CGST CGST IGST
SGST SGST IGST
IGST IGST CGST/SGST
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Conditions for claiming ITC
(i) Tax-payer should possess a tax invoice or debit
note or any other tax-paying documents issued by
a supplier registered under the GST Act.
(ii) He should have received the goods or services or
both.
(iii) Supplier should have reported the supply in the
returns and should have paid tax.
ITC is not allowed in the following circumstances
(i) ITC is not allowed for a composition dealer.
(ii) ITC not allowed for goods or services received by a
non-resident taxable person except on goods
imported by him.
(iii) ITC is not allowed for goods or services used for
personal consumption.
(iv) ITC not allowed for Goods
lost/stolen/destroyed/returned or disposed of by way
of gift /free samples.
The time limit for claiming ITC for a supply received in a
financial year has to be claimed any time before the filing of
returns for the month of September (of the following
financial year) or the relevant annual return whichever is
earlier.
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TAX INVOICE
Under the Goods and Services Tax (GST) regime, a tax
invoice plays a crucial role in documenting transactions
between registered taxpayers. A tax invoice is a legal
document issued by a registered supplier to the recipient,
containing details of the goods or services supplied, along
with the applicable GST.
It includes information such as the seller's and buyer's
GSTIN (Goods and Services Tax Identification Number),
invoice number, date of issuance, description and quantity of
goods/services, value of the goods/services, and applicable
tax rates. A tax invoice acts as evidence of the supply of
goods or services and serves as a basis for claiming input tax
credit (ITC) by the recipient. It must be issued in accordance
with the prescribed format and maintained for record-
keeping and audit purposes.
These include details such as the seller's name, address, and
GSTIN; buyer's name and address; invoice number and date;
description, quantity, and value of goods or services;
applicable GST rates and amounts; and any discounts or other
charges. Failure to comply with these requirements may
result in penalties or disallowance of input tax credit.
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GST RETURN
Every person registered under the Goods and Services Tax Act,
2017 has to file the return. Under the GST law, a normal
taxpayer must file monthly and one annual return. Similarly,
there are separate returns for taxpayers registered under the
composition scheme, a non-resident taxable person, a taxpayer
registered as an Input Service Distributor, and a person liable
to deduct or collect the tax (TDS/TCS).
All the returns have to be filed through online by using any of
the following methods:
• Through the GSTN portal (www.gst.gov.in)
• Through offline utilities provided by GSTN
• Through GST Suvidha Providers (GSPs).
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GSTR-3 Monthly return Registered 20th of the
for a normal person next month
taxpayer
GSTR-4 Quarterly return Composition 18th of the
dealer month
succeeding
the quarter
GSTR-5 Monthly return Non-resident 20th of the
for a non- taxable next month,
resident taxable person succeeding
person the tax
period or
within 7 days
of expiry
GSTR-6 Monthly return Input Service 13th of the
for an Input Distributor next month
Service
Distributor(ISD)
GSTR-7 Monthly return Tax deductor 10th of the
for the next month
authorities
deducting tax at
source
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Research Methodology
Research methodology is a way to systematically solve the
research problem. It is the science of studying how research is
done scientifically. In it, we study the various steps that are
generally adopted by a researcher in studying his/her research
problem along with the logic behind them. It includes:
➢ Research Design
➢ Data Collection
A) Research Design
Analytical Research has been used.
B) Source of Data Collection
In this Research, I have used two types of data.
Primary Source
Secondary Source
Primary sources include:-
→Discussion with Experts
→Discussion with the taxpayer
Secondary source Includes:-
→Various Books Related to GST
→Websites were used as a vital information source
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SUGGESTIONS & RECOMMENDATIONS
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CONCLUSION
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LIMITATION
Although all efforts have been taken to make the results of
the survey as accurate as possible the survey suffers from the
following limitations -:
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Bibliography
Book Referred:
• Bharat’s Publisher
Handbook on GST by CA Raj K Agarwal.
Internet Source:
www.digitalnewsreport.org
www.google.com
www.chatGPT.com
www.wikipedia.org
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