Integrated Goods and Services Tax Act

The introduction of Goods and Services Tax (GST) is a significant reform in the field of indirect taxes in our country. Multiple taxes levied and collected by the Centre and states would be replaced by one tax called Goods and Services Tax (GST). GST is a multi-stage value added tax on consumption of goods or services or both.

  1. A “dual GST” model has been adopted in view of the federal structure of our country. Centre and States will simultaneously levy GST on every supply of goods or services or both which takes place within a State or Union territory. Thus, there shall be two components of GST as under: –
  2. Central tax (CGST):

(levied & collected under the authority of CGST Act, 2017 passed by the Parliament)

  • State tax (SGST)

(levied & collected under the authority of SGST Act, 2017 passed by respective State)

Why the third tax in the name of IGST?

  1. Before discussing the IGST Model and its features it is important to understand how inter-state trade or commerce is being regulated in the present indirect tax system. It is significant to note that presently the Central Sales Tax Act, 1956 regulates the inter-state trade or commerce (hereinafter referred to as “CST”) the authority for which is constitutionally derived from Article 269 of the Constitution. Further as per article 286 of the Constitution of India, no State can levy sales tax on any sales or purchase of goods that takes place outside the State or in the course of the import of the goods into, or export of the goods out of the territory of India Only Parliament can levy tax on such transaction. The Central Sales Tax Act was enacted in 1956 to formulate principles for determining when a sale or purchase of goods takes place in the course of interstate trade or commerce. The Act also provides for the levy and collection of taxes on sale of goods in the course of interstate trade

  1. The CST suffers from following shortcomings:
  2. CST is collected and retained by the origin state, which is an aberration. Any indirect tax, by defini­tion is a consumption tax, the incidence of which is borne by the consumer. Logically, the tax should ac­crue to the destination state having jurisdiction over such consumer.
  3. Input Tax Credit (ITC) of CST is not allowed to the buyer which results in cascading of tax (tax on tax) in the supply chain.
  • Various accountal forms are required to be filed in CST viz., C Form, El, E2, F, I, J Forms etc. which adds to the compliance cost of the business and im­pedes the free flow of trade.
  1. Another negative feature of CST is the opportunity it provides for “arbitrage” because of the huge differ­ence between tax rates under VAT and CST being levied on intra-State sales and inter-State sales re­spectively
  2. The IGST model would remove all these deficiencies. IGST is a mechanism to monitor the inter-state trade of Goods and services and further to ensure that the SGST component accrues to the consumer It would maintain the integrity of Input Tax Credit (hereinafter referred to as “ITC”) chain in inter-state supplies. The IGST rate would broadly be equal to CGST rate plus SGST rate. IGST would be levied by the Central Government on all inter-State transactions of taxable goods or services.

IGST rate= CGST rate + SGST rate ( more or less)

  1. Cross-utilization of credit requires transfer of funds between respective accounts. The utilization of credit of CGST & SGST for payment of IGST by “B” would require transfer of funds to IGST accounts. Similarly, the utilization of IGST credit for payment of CGST & SGST by “C” would necessitate transfer of funds from IGST account. As a result, CGST account and SGST (Rajasthan) would have Rs 1300/- each, whereas, there will not be any amount left in IGST and SGST (Maharashtra) after transfer of ITC.
  2. Prescribed order of utilization of IGST/CGST/ SGST credit:

The IGST payment can be done by utilizing ITC. The amount of ITC on account of IGST is allowed to be utilized towards payment of IGST, CGST and SGST in that order.

  1. Nature of Supply

 It is very important to determine the nature of supply –whether it is inter-state or intra state, as the kind of tax to be paid (IGST or CGST+SGST) depends on that.

  1. Inter- state Supply:

Subject to place of supply provisions, where the location of the supplier and the place of supply are in—

  1. two different States;
  2. two different Union territories; or
  3. a State and a Union territory,

Such supplies shall be treated as a supply of goods or services in the course of inter-State trade or commerce.

Any supply of goods or services in the taxable territory, not being an intra-State supply shall be deemed to be a supply of goods or services in the course of inter-State trade or commerce. Supplies to or by SEZ are defined as inter-State supply. Further supply of goods imported into territory of India till they cross the customs frontiers of India or supply of services imported into the territory of India shall be treated as supplies in the course of inter-State trade or commerce. Even supplies to international tourists are to be treated as inter-state supplies.

  1. Intra-State supply:

It has been defined as any supply where the location of the supplier and the place of supply are in the same State or Union territory.

Intra state supply Interstate supply

 

 

>

Supply of goods within the state or union territory.

 

Supply of services within the state or union territory

> Supply of goods from one state or union territory to other state or union territory.

 

> Supply of service from one state or union territory to other state or union territory.

 

> Import of goods till they cross customs frontier

 

> Import of service.

 

> Export of goods or service. Supply of goods/services to/by SEZ.

 

> Supplies to international tour­ists

 

> Any other supply in the tax­able territory which is not intra state supply

 

Thus, the nature of the supply depends on the location of the supplier and the place of supply. Both these terms have been defined in the IGST Act.

  1. Location of Supplier broadly is the registered place of busi­ness or the fixed establishment of the supplier from where the supply is made. Sometime, a service provider has to go to client location for providing service. However, such place would not be considered as the location of supplier. It has to be either regular place of business or fixed establishment which is having sufficient degree of permanence and suit­able structure in terms of human and technical resources.

  1. Place of supply

9.1    Place of supply provisions have been framed for goods & services keeping in mind the destination/consumption prin­ciple. In other words, place of supply is based on the place of consumption of goods or services. As goods are tangi­ble, the determination of their place of supply based on the consumption principle is not difficult. Generally the place of delivery of goods becomes the place of supply. However, the services being intangible in nature, it is not easy to de­termine the exact place where services are acquired, enjoyed and consumed. In respect of certain categories of services, the place of supply is determined with reference to a proxy.

9.2A Distinction has been made between B2B (Business to Business) & B2C(Business to Consumer) transactions as B2B transactions are wash transactions as ITC is availed by such registered person (recipient) and no real revenue accrues to the Govt.

9.3   Separate provisions for supply of goods and services have been made for determination of their place of supply. Sep­arate provisions for determination of place of supply in re­spect of domestic supplies and cross border supplies have been framed.

  1. Place of Supply of Goods other than import and export [Section- 10]

S.No. Nature of supply Place of Supply
1 Where the supply involves movement
of goods, whether by the supplier or the recipient or by any other person.
Location of the goods at the time at which the movement of goods terminates for delivery to the recipient.
2 Where the goods are delivered to recipient or any person on the direction of third person by      way of transfer of title or otherwise, it shall be deemed      that     third person                 has     received
the goods
The principal place of business of such person
3 where there is no movement of goods either by supplier or recipient Location of such goods at the time of delivery to recipient
4 where goods are assembled or installed at site The place where the goods are assembled or installed

 

5 where the goods are The place where such
supplied on board goods are taken on
a conveyance, like vessel, aircraft, train or motor vehicle board the conveyance
6 Where the place It shall be determined
of supply of goods in such manner as may
cannot be determined in terms of sub-

section (2), (3), (4) and (5)

 

 

 

be prescribed

  1. Place of supply of goods in case of import &Export [ Section -11]

S.No. Nature of supply of goods Place of Supply
1 Import location of importer
2 Export location outside India

  1. Place of supply of services in case of domestic supplies: (section12)

(Where the location of supplier of services and the location of the recipient of services is in India.)

Place of supply is determined with reference to a proxy. Rest of services are governed by a default pro­vision.

S.No Nature of service Place of supply
1 Immovable prop- erty related services including hotel ac- commodation, Location at which the im­movable property or boat or vessel is located or in­tended to be located.

If located outside India: Location of the recipient.

2 Restaurant and ca-
tering services, per-

sonal                           grooming,

fitness,                             beauty

treatment,                         health

service,

Location where the ser­vices are actually per­formed.
3 Training and perfor- mance appraisal , B2B :                           Location of such

registered                        person;

B2C:                                 Location where

the services               are             actually
performed.

4 Admission                 to          an

event or amusement park

Place where the event is actually held or where the park or such other place is located.

5 Organization of an event. B2B :                                           Location of such

registered person;

B2C:                                                           Location where the

event is actually held.

If        event is held                         outside

India :Location of the re­cipient

6 Transportation                         of

goods                            including

mails

B2B :                                           Location of such

registered person;

B2C : Location at which such goods are hand­ed over for their transpor­tation

7 Passenger transpor- tation. B2B :                                           Location of such

registered person;

B2C :                        Place where the

passenger embarks on

the conveyance for a con­tinuous journey

8 Services on board a conveyance Location of the first sched­uled point of departure of that conveyance for the journey.
9 Telecommunication Services            involving                  fixed
services. line,              circuits,                   dish                  etc.,

place of supply is location
of such fixed equipment.

In case of mobile/ inter-net post-paid services, it is location of billing address of the recipient. In case of sale of pre-paid voucher, place of supply is place of sale of such vouchers. In other cases it is address of the recipient in records.
10 Banking and other Location of the recipient
financial services, of services on the records of the supplier.
Location of the supplier of services if the location of the recipient of services is not available
11 Insurance services B2B :                                          Location of such

registered person;

B2C :                                             Location of the

recipient of                                services

on the records of the sup­plier

12 Advertisement ser­vices to the Govern­ment The place of supply shall be taken as located in each of such States

Proportionate                                value in

case of multiple state

  1. For the rest of the services other than those speci­fied above, a default provision has been prescribed as under.
Default Rule for the Services other than twelve Speci-
fied Services
S.No. Description of
supply
Place of supply
1 B2B Location of such registered person
2 B2C (i)Location of the recipient where the ad­dress on record exists, and

(ii) the location of the supplier of services in other cases.

  1. Place of supply of services in case of cross-border supplies 🙁 Section 13)

(Where the location of the supplier of services or the location of the recipient of services is outside India)

  1. In respect of following category of services, the place
    of supply is determined with reference to a proxy.

Rest of the services are governed by a default pro­vision.

S.No Nature of service Place of supply
1 Services supplied in re- spect of goods that are required to be made physically available

from a remote location by way of electronic means,

(Not Applicable in case of goods that are tem­porarily imported into India for repairs and ex­ported.)

the location where the services are actually performed,

the           location                    where

goods are situated

2 services supplied to an individual which require the physical presence of the receiver the location where the services are actually performed.
3 Immovable property re- lated services including hotel accommodation. Location at which the immovable property is located.
4 Admission to or organi- sation of an event. The place where the event is actually held.
Services on board a con- veyance. The            first                   scheduled

point of departure of that conveyance for the journey.

10 Online information  and         database access or retrieval services” The location of recipi­ent of service.

ii             For the rest of the services other than those speci-

fied above, a default provision has been prescribed as under.

Default Rule for the cross border supply of Services other than nine         Specified Services
S.No. Description of supply Place of supply
1 Any Location of the Recipient of Service

If not available in the ordinary course of business: The location of the supplier of service.

  1. Supplies in territorial waters:

Where the location of the supplier is in the territorial waters, the location of such supplier; or where the place of supply is in the territorial waters, the place of supply is be deemed to be in the coastal State or Union territory where the nearest point of the appropriate baseline is located.

  1. Export /Import of services: a supply would be treated as

Import or export if certain conditions are satisfied. These conditions are as under: –

Export of

Services

Import of Services
means the supply of any service means the supply of
where any service, where
(a) the supplier of
(a)         the supplier of service is located service is located
in India, outside India,
(b)        the recipient of service is locat-
ed outside India,
(b the recipient
(c) the place of supply of service is of service is locat-
outside India, ed in India, and
(d) the payment for such service
has been received by the supplier
of service in convertible foreign (c)                the place of
exchange, and supply of service is in India;
(e) the supplier of service and
recipient of service are not merely
establishments of a distinct person
in accordance with explanation 1 of
section 8;

13 Zero rated supply: Exports and supplies to SEZ are
considered as ‘zero rated supply’ on which no tax is payable.

However, ITC is allowed subject to such conditions, safeguards and procedure as may be prescribed, refund in respect of such supplies may be claimed by following either of these options:

  1. supply made without payment of IGST under Bond and claim refund of unutilised ITC or
  2. supply made on payment of IGST and claim refund of the same.
  3. Refund of integrated tax paid on supply of goods to tourist leaving India:

Section 15 of the IGST Act provides for refund of IGST paid to an international tourist leaving India on goods being taken outside India subject to such conditions and safeguards as may be prescribed. An international tourist has been defined as a non-resident of India who enters India for a stay of less than 6 months. IGST would be charged on such supplies as the same is in the course of export.

This Section was not made applicable from 1″ July, 2017 and will be notified at a later date once the ecosystem for the same is ready.

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