COMPARISION OF INDIRECT TAX BEFORE AND AFTER GST?
AUTHORED BY - SHIVI AGARWAL
AMITY UNIVERSITY, NOIDA
BA/ LL.B
ABSTRACT
The Goods and Services Tax (GST) was introduced in India, and this study looks at how the country's indirect taxation system changed before and after its implementation. Examining the legislative and developmental procedures involved in implementing GST, understanding the progression of indirect taxes before and after its implementation, assessing the impact and efficacy of GST after its implementation, and comparing the efficiency and compliance of tax systems before and after its introduction are all part of the objective. The study integrates a wide variety of sources using a content analysis method. These include scholarly journal articles, official documents, economic surveys, and expert opinions. The research delves into the GST system's administrative and legislative aspects by examining reports, papers, blogs, and official documents. An in-depth understanding of the contrast of indirect tax systems before and after GST introduction is provided by this technique, which is based on secondary research. Examining how GST has altered India's tax system and economy is the focus of this study.
Keywords:
Indirect taxation, legislative process, Goods and Services Tax (GST), impact assessment, content analysis, secondary research, tax regime evolution, VAT (Value added text) etc.
CHAPTER 1: INTRODUCTION
1.1 Background of Indirect Taxation
A complex and multi-tiered structure characterized India's indirect taxes prior to the introduction of GST. There was a domino effect known as tax-on-tax since taxes were imposed at the federal and state levels. Value-Added Tax (VAT), Central Excise Duty, Service Tax, and other charges were all a part of this system. For goods and services, the state government imposed the Value Added Tax (VAT). In contrast, the manufacturing of products was subject to the federal Excise Duty that was imposed by the federal government. In addition, all services were subject to the Service Tax, which was a national tariff. [1]A lack of transparency and clarity throughout the whole tax system, problems with complying with tax legislation, and repeated taxation of the same firm were common outcomes of taxation's subdivision into smaller components.
When the GST went into effect on July 1, 2017, it completely changed the way indirect taxes work. To eliminate many indirect taxes and establish a single, comprehensive tax system, the Goods and Services Tax (GST) was enacted. This adjustment was made to ensure that tax credits could be transferred smoothly throughout the supply chain, to streamline the tax procedure, and to eliminate the cumulative effect of taxes. Two main components make up the Goods and Services Tax (GST) system. One component, the Central Goods and Services Tax (CGST), is responsible for taxes inside a state. The other component, the Integrated Goods and Services Tax (IGST), is responsible for taxes between states and on imports.
Motives for implementing GST included reduction the overall tax burden on products and services, creating a unified countrywide market, and making the tax system more efficient. The system's stated goals were to improve revenue acquisitions, increase tax base size, and simplify compliance. [2]Representing a unique collaboration between the federal and state governments, the GST Council was created as a constitutional body to supervise the implementation and administration of GST. With the goals of fostering collaborative federalism and streamlining the indirect tax structure, this reform represented a major shift in the Indian tax system.
1.2 The Genesis and Implementation of GST
Redesigning the complex and multi-tiered indirect tax structure that was common in many countries was the impetus for the creation of GST. Multiple federal and state taxes, including sales tax, service tax, value-added tax (VAT), and excise duty, were a part of this system. Consumers ended up paying more due to a cascading effect of taxes caused by the disjointed tax structure, which meant that previously taxed items were subject to even more taxes. The GST was implemented with the intention of creating a unified national market for goods and services. This was in reaction to the growing need for a more straightforward and consistent tax system. By consolidating several indirect taxes into a single system, the products and Services Tax (GST) aimed to ease the free movement of products and services throughout the nation. As a result, tax administration would be more efficient.[3]
1.3 Development and Legislative Process
A great deal of research, stakeholder participation, and careful legislative processes went into implementing GST. In other countries, like India, the process began with the formation of a task force to develop a model for Goods and Services Tax (GST). Subsequently, state and federal officials deliberated and negotiated until they reached a consensus. As part of the process, constitutional amendments granting GST authority to the federal and state levels were often enacted. The GST law, representing a huge and historic shift in the tax system, was therefore successfully passed by the relevant parliamentary bodies.
1.4 Objectives of the Study
1.5 Methodology
This research made use of content analysis using the correct keywords. A comprehensive literature search including scholarly journals, official documents, economic polls, and expert opinions. This will provide the groundwork for comprehending the GST, both theoretically and empirically. Examining previously released materials such as reports, articles, blogs, and government documents. An all-encompassing strategy for comprehending and assessing the pre- and post-GST comparability of indirect tax, this technique is based on secondary research.
CHAPTER 2: HISTORICAL OVERVIEW OF INDIRECT TAXATION
2.1 Evolution of Indirect Taxes Pre-GST
India was one of the nations with a complicated and multi-tiered indirect taxation structure before the GST was implemented. As a result of shifting administrative priorities and economic needs, this structure evolved gradually over many decades. Multiple federal and state levies once dominated the indirect tax system. Taxes on the provision of services and central excise duties on the manufacturing of goods were in place. Sales tax and Value Added Tax (VAT) had a major role at the state level. To avoid unnecessary tax buildup, value-added tax (VAT) was instituted to substitute sales tax. But there was a lack of uniformity because of the wide range of approaches used by different governments when implementing VAT.
Municipal octroi/entry taxes, the Central commerce tax (CST) for interstate trade, and luxury and amusement taxes added another layer of complexity to this system. Companies were subject to a web of compliance requirements as a consequence of the disjointed tax system, which made it easy for them to evade taxes and cause inefficiencies.
2.2 Various Forms of Indirect Taxes Before GST
Several indirect taxes existed prior to the implementation of the GST, each with its own regulations and administrative processes. Items made in India were subject to the federal Excise Duty, a significant sources of tax revenue for the Indian federal government. In 1994, the federal government imposed a new tax on service providers known as the Service Tax. The use of value-added tax (VAT) in the early 2000s to replace sales tax was a significant development towards a more uniform tax structure on the state level[4]. On the other hand, it kept running into problems with different states having different rates and laws. At the state level, there were additional fees such as the entertainment tax, luxury tax, lottery tax, and betting tax. [5] When goods were sold between states, the states were required by the federal government to collect a levy known as the Central Sales levy (CST). The imposition of this tax was a substantial obstacle to the establishment of a unified national market since it deterred interstate commerce on account of tax implications. Here's a breakdown of the different types of indirect taxes in India:
2.3 Challenges and Limitations of the Pre-GST System
The tax structure prior to the implementation of GST had several inherent issues and restrictions. The primary factor contributing to this issue was the domino effect of taxes, resulting in an ineffective Indian tax structure and increased expenses for the final consumer. The main cause of this impact was essentially the incapacity to offset taxes paid at various points in the supply chain against one another.
The free flow of products across state boundaries was hindered, especially in the case of inter-state business, due to the existence of entrance and octroi levies, together with the Central Sales Tax (CST), which acted as obstacles. This not only escalated the expenses of commodities but also intricately convoluted the administration of supply chains for enterprises. Tax evasion and fraud were significant issues in the period before the implementation of GST. [9]
The government suffered enormous financial losses due to loophole exploitation caused by the complex tax system and the large number of tax collecting locations. Many felt the method was ineffective and difficult to understand. An unstable business climate was produced by the proliferation of taxes and the disparity in rates among states, which discouraged investment and stifled economic growth. A comprehensive tax reform was necessary in India due to the pre-GST system's many complicated problems and limits. The complex web of indirect taxes levied at various stages of production and distribution by federal and state governments was the primary source of confusion in the tax system. Because of its intricate design, the system caused taxpayer confusion and administrative inefficiency. Additionally, a fragmented tax system with various regulations, rates, and payment methods has resulted from the plurality of taxes, which includes octroi, entrance tax, service tax, central excise duty, CST, VAT, and others.[10]
The accumulation of taxes, which added levies at every stage of distribution, was an additional, significant hurdle. Products and services saw price increases as a result, putting a significant burden on customers' budgets. Not to mention that state-specific fees like CST and entry tax made it harder for goods to travel freely between states and added extra compliance burdens for businesses. Due to the complex structure of the system and the existence of several taxes, extensive tax evasion and compliance challenges were prevalent in the pre-GST system. The government lost money because taxpayers often used loopholes. A great deal of paperwork was required of both taxpayers and tax authorities due to the high volume of registrations, filings, audits, and enforcement concerns.
CHAPTER 3: THE ADVENT AND STRUCTURE OF GST
3.1 Conceptual Framework of GST in India
The Goods and Services Tax (GST) represents a sea shift in the approach to indirect taxes, simplifying and unifying a system that had previously relied on a patchwork of different levies. A united national market, tax simplification, and the elimination of tax cumulative impacts were the driving forces for the paradigm change.[11]
Legal Framework and Acts
Administrative Bodies and Council
Tax Rate Slabs and Exemptions
Input Tax Credit (ITC)
Technological Infrastructure
Thresholds and Special Schemes
Compliance and Movement of Goods
3.2 Features of GST
To strike a balance between the fiscal autonomy of the federal government and the states, the GST system often uses a dual model in federal countries. By dividing up tax revenue in this way, the federal government is able to keep its fiscal house in order.
3.3 Implementation Process of GST
Taxpayer Registration and Migration: A primary goal of the implementation was to ensure that all taxpayers who were already registered under various indirect tax regimes would be transferred to the GST system. In order to keep business as usual, a seamless changeover process was required.
Harmonization of Tax Structures: In order for a country to implement GST, its several tax systems have to be harmonized. An integrated tax system free of disparities in the taxation of goods and services was achieved via the harmonization of tax rates, thresholds, and exemptions.
Compliance Mechanisms and Enforcement: To prevent tax evasion and ensure compliance with GST laws, robust compliance mechanisms were required. Among these changes were the implementation of automated billing systems, real-time reporting tools, and stringent enforcement policies to deter noncompliance.[19]
Transitional Provisions and Relief Measures: Governments often include transitional provisions and relief measures to mitigate any adverse impacts that businesses may experience as a result of the change to GST. Companies may be eligible for financial assistance, input tax credits, or short-term exemptions to help them weather the financial storm.
Cross-Border Trade and Interstate Transactions: Implementing GST necessitated resolving intricacies associated with cross-border commerce and interstate transactions, especially in nations with federal systems or notable regional disparities. The introduction of mechanisms like Integrated GST (IGST) aimed to enable smooth transportation of goods and services across state boundaries while guaranteeing tax neutrality.
Continuous Monitoring and Evaluation: The effectiveness of GST legislation, improvement opportunities, and new problems or loopholes could only be assessed with continuous monitoring and assessment mechanisms put in place after their implementation. Improving the GST structure and ensuring higher compliance included performing periodic audits, evaluating data, and developing avenues for stakeholder feedback.[20]
CHAPTER 4: COMPARATIVE ANALYSIS: PRE-GST VS POST-GST
4.1 Impact on Revenue Collection
For India's budgetary policy, the enactment of the GST was a watershed event. A notable outcome after the introduction of GST has been the considerable increase in tax revenues. In the first year after its implementation, GST collections surpassed 7 lakh crores, showing a significant 9% increase in comparison to the money received under the previous tax system. A number of factors may be considered in order to understand the rise in income:
The higher annual growth rate in total indirect tax income further emphasizes the impact of GST on India's tax collection. Revenues received by the federal and state governments from indirect taxes have increased at a steady pace of fifteen percent each year since the GST was put into place. Prior to the implementation of the GST, the total revenue collected from indirect taxes in the 2016–17 fiscal year was 8.84 lakh crores rupees. In 2019–20, the figure jumped to 11.77 lakh crores. This dramatic increase demonstrates how well GST is working to boost tax revenue for the government.[22]
4.2 Comparison of legal position on Business Law of VAT and GST
Feature |
VAT |
GST |
History |
Prevalent before July 2017, state-specific laws |
Implemented July 2017, unified national system |
Taxation |
Multi-stage, cascading effect, different rates across states |
Single tax on supply of goods and services, multiple rates |
Registration |
Threshold for turnover |
Threshold for turnover or specific interstate supplies |
Returns |
Filed with state tax authorities |
Filed online with central government portal |
Input Tax Credit |
Limited credit for earlier stage taxes |
Credit for GST paid at earlier stages |
Scope |
Applied to a narrower range of goods and services |
Applied to a broader range of goods and services |
Tax Structure |
Origin-based (taxed at each stage) |
Destination-based (taxed at final consumption) |
Compliance |
Complex procedures, varied across states |
Unified filing system, simplified procedures |
Current Status |
No longer applicable |
Current indirect tax system |
4.3 VAT vs GST: Comparative analysis[23]
Parameter |
VAT |
GST |
Structure |
Central taxes included custom duty, surcharge, central excise duty, and cesses. State taxes included entertainment tax, VAT, luxury tax, etc. |
Subsumes all central and state taxes except for motor spirit, natural gas, petroleum, and high-speed diesel. |
Basis of Levy |
Levied at the place of manufacturing or trade of goods or services. |
Destination-based tax, imposed at the place of consumption. |
Registration |
Decentralized registration under state and central authorities. |
Uniform e-registration based on the PAN of the entity. |
Validation |
Partly validated by the system, with full verification by state or central authorities. |
System-based validation with consistency checks on input credit, tax payments, and utilization. |
Filing of Returns and Collection of Tax |
Central excise and service tax were standard, while value-added tax differed from state to state. |
Uniform process with common dates for tax depositing, collection, and filing returns. |
Service Tax |
Levied by the center on a list of services. |
State GST subsumes service tax based on Place of Supply rules. |
State VAT |
Taxed on all commodities except those exempts. |
Subsumed by State GST. |
Excise Duty |
Levied up to the point of manufacturing. |
Replaced by Central GST, levied up to the retail level. |
Basic Customs Duty |
Charged on imports under a separate act. |
No change under GST. |
Special Additional Duty |
Charged separately on imports. |
Subsumed by State GST. |
Entry Tax |
Slapped with fees by various states for transfers across states. |
Extra 1% tax on specific goods' interstate supply; otherwise, it does not apply. |
Central Sales Tax (CST) |
Subject to a flat charge of 5% to 14.5 percent for all C-Form transactions between states. |
Subsumed by Integrated GST. |
Tax on Export of Commodities and Services |
Exempt from tax. |
No change under GST. |
Tax on Inter-State Transfer to Agent/Branch |
Exempt against Form F. |
Levied, but with access to full credit. |
Cross Set-Off of Levy |
Excise duty and service tax may be set off. |
The Central GST and the State GST cannot be set off against each other. |
Tax on Transfer to Agent/Branch |
Generally exempt, depending on state procedures. |
Could be imposed if the taxpayer identification numbers of the transferor and the transferee are not different. |
Disallowance of Credit on Certain Items |
Non-creditable items under VAT and CENVAT rules. |
No disallowance unless specified by the GST Council. |
Disallowance on Inputs in Exempted Goods/Services |
Not permitted. |
No disallowance unless specified in the Negative List by GST Council. |
Cascading Effect |
Service tax and excise duty may be credited, but VAT cannot be set off. |
The whole amount of taxes paid up to the store may be refunded. |
Threshold Limits for Levy of Tax |
The federal excise threshold is 1.5 crore rupees, the value-added tax threshold is 5 lakh to 20 lakh rupees, and the service tax threshold is 10 lakh rupees. |
State GST threshold ranges between Rs.10 lakh to Rs.20 lakh. |
Levy of Tax on NGOs and Government Bodies |
Certain bodies covered. |
No changes under GST. |
Exemptions |
Areas like the North-East enjoy exemptions. |
There will be no special cases, yet certain areas may be eligible for a new investment refund scheme. |
The shift from the Value Added Tax (VAT) system to the GST framework represents a substantial advancement in India's indirect tax structure. Although both VAT and GST share the goal of simplifying taxes and minimizing complications, their distinct structures and operating processes highlight a fundamental change in the approach to indirect taxation.
A two-tiered system consisting of federal and state taxes was VAT's essential character. In addition to federal taxes like customs and excise duties, state taxes such as value-added tax, entertainment tax, and luxury tax were also applied. Due to the existence of two distinct entities, registration processes had to be established and dispersed across several state and federal institutions. Businesses with operations in many areas faced administrative hurdles as a consequence. Production or sale location dictated VAT imposition, with system authentication and subsequent verification by state or central agencies providing partial validation. The expense of compliance was driven up by the fact that different states had different filing and tax collection systems.
Meanwhile, GST represents a major shift towards a unified tax system, bringing together various federal and state taxes under one roof, except for a few items like natural gas and petroleum. Tax administration and compliance are both made easier with the move to a destination-based tax system. The use of uniform electronic registration procedures based on organizations' PANs makes this feasible. To further guarantee accuracy and consistency in tax credits, payments, and use, system-based validation techniques are implemented. In addition, nationwide timelines for filing tax returns and collecting taxes will be uniform when GST is in place. Businesses and government agencies alike benefit from this streamlined process.
By merging many taxes into one, GST mitigates the VAT system's cascading impact. All the way down to the merchant level, this ensures that credit is readily available throughout the whole tax chain. This reduces the financial burden on end users and increases efficiency in the logistics network. Furthermore, small businesses are supported by the adoption of GST, which guarantees a greater adherence to tax rules and sets specified bounds for the application of taxes. However, industries that were used to the old tax system would have to make certain adjustments and adaptations to accommodate the new GST.
Removal of certain exemptions and the introduction of an Investment Refund Scheme for designated regions are two examples of how the GST framework may simplify and rationalize tax policy. Although there were some challenges during the initial stages of implementation, the long-term benefits of GST, including more efficient taxation, increased economic growth, and a more unified domestic market, are going to have a profoundly positive impact on India's indirect tax system.
CHAPTER 5: CONCLUSION AND POLICY IMPLICATIONS
In conclusion, the transition from India's pre-GST era to the post-GST era represents a massive and revolutionary shift in the country's indirect taxation structure. Compare and contrast the two systems to see how GST is so different and how far-reaching its implications are for taxation, compliance, and efficiency in the economy. In the years leading up to the implementation of GST, the Indian government faced the formidable task of coordinating a patchwork of indirect taxes imposed by several levels of government at the federal and state levels. Enterprises faced significant challenges due to the many taxes, compounding effect, and onerous compliance requirements, which impeded economic growth and efficiency. Further exacerbating the pre-GST system's shortcomings and impediments to interstate trade and business operations were administrative hurdles and restrictions. However, a new era of tax restructuring began with the installation of GST, which unified many federal and state taxes into one system to facilitate uniformity, reduce tax duplication, and ease trade throughout the country. Company operations, tax efficiency, and the convenience of doing business in India have all been enhanced by the Goods and Services Tax (GST), which has a destination-based tax system, uniform tax rates, and simpler processes. With GST in place, policies have been better aligned, taxes are more transparent, and administrative processes are more efficient, all of which contribute to a more business-friendly regulatory environment. The introduction of data-driven governance, digitization, and automation in the tax industry has been made easier by the adoption of GST, which has also fostered technological development in tax administration. Yet, there have been problems with GST implementation, such as initial problems, complex transitional procedures, and challenges in fulfilling compliance requirements; these problems have required careful supervision and interventions from the government. To make the most of the new tax system, it's important to keep working to fix implementation problems, strengthen the Goods and Services Tax (GST), and attend to sector-specific concerns. Despite all the changes and challenges that came with establishing GST, the benefits of a unified tax system are undeniable in the end. The adoption of GST in India is a major milestone in the country's tax history. It shows that the government is committed to simplifying and modernizing the tax system to promote inclusive development, boost economic growth, and encourage investment. All of the revolutionary tax reform's potential will be realized as officials work to improve GST's implementation and address new challenges. This will propel India's economy towards a more resilient and competitive future.
Policy Implications and Recommendations
There are substantial policy implications to the impending change from India's VAT system to the GST framework, necessitating careful consideration and deliberate action. As the country moves through the implementation phase and the advantages of the GST are solidified, officials will face substantial challenges and seize chances if they want to fully use the reform's transformative potential. Listed below are several suggestions and policy implications:
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[1] Shah, A. (2017). “The Journey to GST: A Historical Perspective”. Economic and Political Weekly, 52(25), 55-60.
[2] Kumar, N., & Singh, A. (2018). “GST in India: A Key Tax Reform”. International Journal of Financial Management, 8(2), 32-41.
[3] Patel, V. (2019). “GST Implementation in India: Issues and Challenges”. Journal of Taxation and Economic Policy, 13(4), 201-215.
[4] Shome, Parthasarathi. (2013). “GST in India: Design and Implementation Challenges.” In Ehtisham Ahmad and Giorgio Brosio (Eds.), Handbook of Multilevel Finance. Edward Elgar Publishing.
[5] Rao, M. Govinda, and Rao, R. Kavita. (2016). “Goods and Services Tax in India: An Assessment of the Base.” Economic and Political Weekly, 51(10), 55-60.
[6] Arora, Bimal N., and Bansal, Supriti. (2017). “GST in India: A Key Tax Reform.” International Journal of Law and Management, 59(6), 1028-1043.
[7] Poddar, Satya, and Ahmad, Ehtisham. (2009). “GST Reforms and Intergovernmental Considerations in India.” Working Paper, IMF.
[8] Shah, A., & Purohit, B. (2019). Impact of Goods and Services Tax on Revenue Collection in India: An Empirical Study. Journal of Financial Management and Analysis, 32(2), 46-60.
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[12]https://www.indiacode.nic.in/handle/123456789/15689#:~:text=An%20Act%20to%20make%20a,connected%20therewith%20or%20incidental%20thereto.
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[14] SGST - State Goods and Service Tax | Features & Examples of SGST. (n.d.). Groww. Retrieved January 20, 2024, from https://groww.in/p/tax/sgst
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[23] How GST Has Helped The Government To Increase Tax Revenue? – CaptainBiz Blog. (2023, November 26).
Authors: SHIVI AGARWAL
Registration ID: 102643 | Published Paper ID: 2642
Year :April - 2024 | Volume: 2 | Issue: 16
Approved ISSN : 2581-8503 | Country : Delhi, India