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One Hundred and First Amendment to the Constitution of India

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The Constitution (One Hundred and Twenty-Second Amendment) Bill, 2014
Parliament of India
  • A Bill further to amend the Constitution of India.
Territorial extentIndia
Passed byLok Sabha
Passed6 May 2015
Passed byRajya Sabha
Passedpending
Legislative history
First chamber: Lok Sabha
Bill titleThe Constitution (One Hundred and Twenty-Second Amendment) Bill, 2014
Bill citationBill No. 192 of 2014
Introduced byArun Jaitley
Introduced19 December 2014
Status: Pending
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The Goods and Services Tax Bill or GST Bill, officially known as The Constitution (One Hundred and Twenty-Second Amendment) Bill, 2014, proposes a national Value added Tax to be implemented in India[1] from June 2016.[2] "Goods and Services Tax" would be a comprehensive indirect tax on manufacture, sale and consumption of goods and services throughout India, to replace taxes levied by the Central and State governments. Goods and services tax would be levied and collected at each stage of sale or purchase of goods or services based on the input tax credit method. This method allows GST-registered businesses to claim tax credit to the value of GST they paid on purchase of goods or services as part of their normal commercial activity. Taxable goods and services are not distinguished from one another and are taxed at a single rate in a supply chain till the goods or services reach the consumer. Administrative responsibility would generally rest with a single authority to levy tax on goods and services.[3] Exports would be zero-rated and imports would be levied the same taxes as domestic goods and services adhering to the destination principle.

The introduction of Goods and Services Tax (GST) would be a significant step in the reform of indirect taxation in India. Amalgamating several Central and State taxes into a single tax would mitigate cascading or double taxation, facilitating a common national market. The simplicity of the tax should lead to easier administration and enforcement.From the consumer point of view, the biggest advantage would be in terms of a reduction in the overall tax burden on goods, which is currently estimated at 25%-30%[4]

As India is a federal republic GST would be implemented concurrently by the central government and by state governments.[5]

History in Parliament and Empowered Committee

In 2000, the Vajpayee Government set up a committee headed by Asim Dasgupta, the (Finance Minister of the Government of West Bengal) to design a model for GST and oversee IT preparations.[6][7]

An announcement [citation needed]was made by Palaniappan Chidambaram, the Union Finance Minister, during the central budget of 2006-07 dated 28th February 2006, that GST would be introduced from April 1, 2010 and that the Empowered Committee of State Finance Ministers, on his request, would work with the Central Government to prepare a road map for introduction of GST in India.

After this announcement, the Empowered Committee of State Finance Ministers decided to set up a Joint Working Group on May 10, 2007, with the Adviser to the Union Finance Minister and the Member-Secretary of Empowered Committee as co-convenors and the concerned Joint Secretaries of the Department of Revenue of Union Finance Ministry and all Finance Secretaries of the states as its members[citation needed]. The Joint Working Group, after intensive internal discussions as well as interaction with experts and representatives of Chambers of Commerce and Industry, submitted its report to the Empowered Committee on November 19, 2007.

This report was then discussed in detail in the meeting of Empowered Committee on November 28, 2007[citation needed]. On the basis of this discussion and the written observations of the states, certain modifications were made, and a final version of the views of Empowered Committee at that stage was prepared and was sent to the Government of India (April 30, 2008). The comments [citation needed] of the Government of India were received on December 12, 2008 and were duly considered by the Empowered Committee (December16, 2008).

Legislative history

Empowered Committee

In 2000, the Vajpayee government set up the Empowered Committee of State Finance Ministers with the aim of facilitating a switch from the existing national-level central excise duty and state-level sales tax model to a value added tax (VAT) model.[8] It was given the task of designing the GST model and overseeing the IT back-end preparedness for its rollout. The committee was headed by Asim Dasgupta, Minister for Finance and Excise of West Bengal.

The Kelkar Task Force on implementation of the Fiscal Responsibility and Budget Management Act, 2003 pointed out that although the indirect tax policy in India has been steadily progressing in the direction of the value added tax (VAT) principle since 1986, the existing system of taxation of goods and services still suffered from many problems and had suggested a comprehensive goods and services tax (GST) based on the VAT principle. GST system is targeted to be a simple, transparent and efficient system of indirect taxation as has been adopted by over 130 countries around the world. This involves taxation of goods and services in an integrated manner as the blurring of line of demarcation between goods and services has made separate taxation of goods and services untenable.[citation needed]

Frp, 1 April 2005 onwards, a number of states abandoned the sales tax and adopted a state-level VAT.[8]

National proposals

A proposal to introduce a national-level Goods and Services Tax (GST) by April 1, 2010 was first mooted in the Budget Speech for the financial year 2006-07. Since the proposal involved reform/ restructuring of not only indirect taxes levied by the Centre but also the States, the responsibility of preparing a Design and Road Map for the implementation of GST was assigned to the Empowered Committee of State Finance Ministers (EC). In April, 2008, the EC submitted a report, titled "A Model and Roadmap for Goods and Services Tax (GST) in India" containing broad recommendations about the structure and design of GST. In response to the report, the Department of Revenue made some suggestions to be incorporated in the design and structure of proposed GST. Based on inputs from GoI and States, The EC released its First Discussion Paper on Goods and Services Tax in India on the 10th of November, 2009 with the objective of generating a debate and obtaining inputs from all stakeholders.

A dual GST module for the country has been proposed by the EC. This dual GST model has been accepted by centre. Under this model GST have two components viz. the Central GST to be levied and collected by the Centre and the State GST to be levied and collected by the respective States. Central Excise duty, additional excise duty, Service Tax, and additional duty of customs (equivalent to excise), State VAT, entertainment tax, taxes on lotteries, betting and gambling and entry tax (not levied by local bodies) would be subsumed within GST.

In order to take the GST related work further, a Joint Working Group consisting of officers from Central as well as State Government was constituted. This was further trifurcated into three Sub-Working Groups to work separately on draft legislations required for GST, process/forms to be followed in GST regime and IT infrastructure development needed for smooth functioning of proposed GST. In addition, an Empowered Group for development of IT Systems required for Goods and Services Tax regime has been set up under the chairmanship of Dr. Nandan Nilekani.

Parliamentary motions

A draft of the Constitutional Amendment Bill has been prepared and has been sent to the EC for obtaining views of the States.

The Goods and Service Tax Bill or GST Bill, officially known as "The Constitution (122nd Amendment) Bill, 2014", would be a Value added Tax (VAT) to be implemented in India, from April 2016. GST stands for "Goods and Services Tax", and is proposed to be a comprehensive indirect tax levy on manufacture, sale and consumption of goods as well as services at the national level. It will replace all indirect taxes levied on goods and services by the Indian Central and State governments. It is aimed at being comprehensive for most goods and services.[9][10]

Tax-Rate under the proposed GST

The tax-rate under the proposed GST would fall, but the number of assesses would increase by 5-6 times.[11] Although rates would come down, tax collection would go up due to increased buoyancy.[12] The government is working on a special IT platform for smooth implementation of the proposed Goods and Services Tax (GST). The IT special purpose vehicle (SPV) christened as GST N (Network) will be owned by three stakeholders—the centre, the states and the technology partner NSDL, then Central Board of Excise and Customs (CBEC) Chairman S Dutt Majumdar said while addressing a "National Conference on GST". On the possibility of rolling out GST, he said, "There was no need for alarm if GST was not rolled out in April 1, 2012.[13]


Renewed GST concerns

With heterogeneous State laws on VAT, the debate on the necessity for a GST has been reignited[14][citation needed]. The best GST systems across the world use a single GST, while India has opted for a dual-GST model. Critics claim that CGST, SGST and IGST are nothing but new names for Central Excise/Service Tax, VAT and CST, and hence GST brings nothing new to the table. The concept of value-added has never been utilised in the levy of service, as the Delhi High Court is attempting to prove in the case of Home Solution Retail, while under Central Excise the focus is on defining and refining the definition of manufacture, instead of focusing on value additions. The Revenue can be very stubborn when it comes to refunds, as the Maharashtra Government proves, and software entities that applied for refunds on excess service tax paid on inputs discovered[citation needed].[15]


The all-new Cenvat Credit Rules, 2014 do little to clarify eligibility for input credits, by using general terms such as "any goods which have no relationship whatsoever with the manufacture of a final product" and "services used primarily for personal use or consumption of any employee"[citation needed].[16]

See also

References

  1. ^ http://goodsandservicetax.com/gst/showthread.php?79-Executive-Summary-(Report-of-Task-Force-on-Implementation-of-GST)&goto=nextnewest
  2. ^ http://www.taxmanagementindia.com/wnew/detail_rss_feed.asp?ID=1226
  3. ^ http://www.idtc.icai.org/download/BGM-on-GST-march-15.pdf
  4. ^ http://sites.google.com/site/gstbharatcoin/
  5. ^ http://www.123gst.com/introductory-resources/first-discussion-paper-on-goods-and-services-tax-in-india/frequently-asked-questions-faqs/09-dual-gst
  6. ^ "Modi to quit as GST panel head today". The Telegraph. Calcutta, India. 16 June 2013. Retrieved 17 June 2013.
  7. ^ "Post Sushil Modi, GST Committee will have to find new chief". The Times Of India. 16 June 2013. Retrieved 17 June 2013.
  8. ^ a b http://www.business-standard.com/article/economy-policy/race-for-gst-committee-chairman-hots-up-115032301068_1.html
  9. ^ http://gstseva.com/gst/history/
  10. ^ http://jbgst.in/g-s-t/
  11. ^ http://businesssetup.in/blog/view?title=GST-in-India
  12. ^ http://profit.ndtv.com/news/show/gst-rates-to-be-in-range-of-16-20-cbec-162035?cp
  13. ^ http://jbgst.in/g-s-t/
  14. ^ Nair, Remya. "Rajya Sabha panel to hear GST concerns on 16 June". Retrieved 7 October 2015.
  15. ^ http://jbgst.in/g-s-t/
  16. ^ Lavi, Mohan. "Renewed GST concerns". The Hindu Business Line. Kasturi & Sons Ltd. Retrieved 24 August 2015.


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