The 2014 Constitution (122nd Amendment) Bill was presented in Parliament after years of deliberation and discussions between the Central and State Governments. The Constitution will be changed by the bill to allow for the establishment of the GST. The Lok Sabha approved the Constitution Amendment Bill in May 2015. In August 2016, the Rajya Sabha and the Lok Sabha both approved the bill after making certain changes. Additionally, the Bill gained the necessary number of State ratifications, received the President’s assent on September 8, 2016, and was therefore passed into law as the 101st Constitution Amendment Act, 2016. The GST Council was announced on September 15th, 2016.
The GST Council was formed to make decisions about different areas of GST, including tax rates, exemptions, and administrative processes. The GST Council is made up of the Union Finance Minister and members from all States and Union Territories. It was very important in establishing the GST system in India. GST legislation went into effect on July 1st, 2017, replacing a convoluted network of Central and State taxes. The Indian GST divides goods and services into four separate tax brackets: 5%, 12%, 18%, and 28%. Gold and labor used to cut diamonds are subject to a low tax rate, while other necessities are excluded from the GST. On inferior products and some luxury items, a compensation tax is imposed.
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Key Characteristics of GST
In India, a comprehensive indirect tax known as the Goods and Services Tax (GST) is imposed on the provision of goods and services. Here are some of the key characteristics of GST:
- GST replaced several indirect taxes imposed by the Central and State Governments, including excise duty, service tax, value-added tax (VAT), and others under the slogan “One Nation, One Tax.” It eliminated the cascading impact of taxes by bringing about uniformity in the tax system throughout India.
- The Central GST (CGST) imposed by the Central Government and the State GST (SGST) levied by the State Governments make up the dual structure under which GST works. Integrated GST (IGST), which is levied on interstate transactions and allocated to the relevant State by the Central Government, is applicable. The import of goods or services would be regarded as an interstate supply, and in addition to the appropriate customs charges, it would be liable to IGST.
- GST is a destination-based tax that is imposed at every point along the supply chain, from the manufacturer to the customer. It is used to account for the value added at each level, enabling a smooth flow of credits and lessening the tax burden on the final customer.
- With the help of the input tax credit, which GST permits, businesses may recoup the tax they paid on the materials they used to produce goods or render services. As a result, the overall tax burden is decreased and double taxation is avoided.
- Except for alcohol intended for human use, GST would apply to all products and services. GST will go into effect on a date that will be recommended by the GSTC for five specified petroleum products (Crude, Petrol, Diesel, ATF, and Natural Gas). GST would be applied to tobacco and tobacco-related items. The Centre would also be able to charge Central Excise duty on certain goods. Supplies for exports are zero-rated. Therefore, taxes on inputs or completed items would not apply to commodities or services that are exported.
- Small firms are excluded from paying GST if their annual revenue is less than a certain threshold. In India, the barrier is presently INR 20 lakhs for suppliers of goods and services and INR 40 lakhs for suppliers of services. Except for Jammu & Kashmir, Himachal Pradesh, and Assam, where the threshold is 20 lakhs for suppliers of services/both goods & services and 40 lakhs for suppliers of goods (Intra-Sate), the threshold for some special category states varies between 10–20 lakhs for suppliers of goods and/or services. This limit assists in easing the burden of compliance for small firms.
For GST-related issues, one must consult a GST lawyer or GST advocate. You can search GST advocate near me in Delhi and contact Lead India. Free legal advice, legal services, and online information are all offered by Lead India. The best thing to do in this circumstance is to talk to a lawyer and ask a legal question.