As stated by Benjamin Franklin in 1789 "nothing is certain except death
and taxes" this statement still holds its value in 21st century also because we
can never find any country or state without having tax laws and the tax laws are
the most strictly applied laws in almost every country. Imposition of tax is
also necessary to keep the government functions and projects going on. Social
welfare policies has been adopted by every country administration and for these
policies huge revenue is required to provide free education and health
facilities and subsidies to the common people of the country.
In the Global market every country is competing to attract investment in its
country and the investor will ask for optimum infrastructure of the economy
before making investment in any country. So if any country wants to increase its
share in the Global market or economy firstly it has to develop its basic
infrastructure facilities like road transport, railways, water supply,
electricity supply, capital market, energy resources, telecommunication and IT
sector.
To build up these infrastructure facilities the government will require
huge amount of money the government may have sources to earn money like fees on
the various facilities like registration, licensing, stamp duties income from
public transport, postal services etc. But the revenue that may be raised from
these facilities can never be sufficient to meet the expenditure on the
infrastructure facilities to fill up the gap between the expenditure and revenue
government imposes tax, surcharges and cess etc. to raise revenue. That's why
Benjamin Franklin said that nothing in this world is certain except two things
that are death and Taxes.
So for the government is not only required to have strict taxation laws but it
is a mandatory obligation upon the government to have organised and uniform tax
laws. Proper provisions has to be incorporated in the tax laws to prevent the
tax evasion and leakages and to this government adopt strict rules and
regulation by imposing heavy penalty and punishment on the persons that make
default in the payment of taxes or try to evade the taxes.
But it is also
evident that government cannot frame a law without any defects government can
try its best to frame exhaustive laws by taking into consideration the past
events, present scenario and the future needs. So various problems will arise in
the implementation or administration of law and these problems has to be sorted
out by reforming the existing law by way of amendment in the provisions of law
or substituting the old law within new law.
India got independence from Britishers in the year of 1947 and become Republic
of India and adopted its constitution in the year of 1950 and is now free to
frame its own laws independent of British Parliament but in matter to taxation
still the Income Tax Act of 1918 was in operation and has been amended many
times to meet the demand of new India but still this act was not sufficient.
Also the constitution of India as per Article 265 imposed restrictions on the
power of Parliament or state legislature to impose tax providing that no tax can
levied without the authority of law. So in the year of 1961 on the
Recommendation of Mahabir Tyagi committee Income Tax Act of 1961 was enacted and
is in Operation till now.
The system of taxation in India was progressive in nature in which the tax
liability increases with the increasing wealth and income so that there will be
equal distribution of tax liability because India was now welfare country. The
tax liability in India can be divided into mainly under two heads direct taxes
and indirect taxes. Direct tax includes income tax wealth tax etc. And indirect
tax includes mainly tax on sales and production.
There was no such difficulty in realising and appropriation of direct taxes but there are many laches and
shortcomings in the system of indirect taxes the prominent one of these were
double taxation that means tax on tax that is commonly known as cascading
effect. In cascading effect the taxpayer was unable to get the benefit of input
tax credit while paying tax so he has to pay tax on the tax that is already
paid.
India being Federal country there is separation of power between the Union and
State Government regarding matters upon which it can make laws. This has been
provided under Article 245 that there will be division of power between centre
and state and for this under schedule VII of the Indian Constitution three lists
have been provided namely Union list, State list and Concurrent list.
On the
subjects of union list only parliament can make law on the subjects of state
list only state legislature can make law and on the concurrent list both
Parliament and state legislature can make law subject to the rule that the law
framed by parliament will have superiority over the laws made by state law made
on the subject mentioned in the concurrent list.
The same is the case relating
to the revenue matters the subject and matter upon which the Union and State can
impose tax is also provided in the union list, state list and concurrent list
and they are autonomous in their field of taxation. But the major sources of
revenue through taxation falls under the hand of union making state dependent
upon the union from the very beginning for grants to meet out its expenditures.
Also due to overlapping between the states on the same subject matter there were
instances when a person is taxed twice in two different states regarding same
matter of taxation. Also the union is responsible for the collection of tax on
goods in trade and Commerce and many time problems arise for the state for equal
distribution of tax collected between the states in which trade and Commerce has
taken place.
To remove this difficulty of cascading effect in the year of 2000 the Government
of Atal Bihari Vajpayee proposed the formula of centralised taxation system that
is commonly known as Good and Services Tax. The concept of Goods and Services
Tax is not new and is in implementation in developed countries from a time long
ago. So he thought that why we cannot adopt such type of policies to remove the
cascading effect in indirect taxes. But the journey of GST took a very long time
to come into realisation it only happened in the Government of Narendra Modi in
the year of 2017 when GST came into force.
For bringing GST into realisation the only credit does not go to Shri Narendra
Modi government it was started by Atal Bihari Vajpayee and Congress government
also supported it when they have government in India from 2004 to 2014 due to
conflict between the union government and the state government relating to
imposition of GST to reform indirect taxation system in India has leaded towards
so long delay in imposition of GST because from the very beginning when GST was
proposed the state governments were against it because they contended that they
will lose their major revenue resources if GST is implemented in India.
From the
very beginning when the constitution was framed the states do not have major
resources of revenue through taxation and they were dependent upon the union
government for grants to meet out their expenditure because the union government
have all the major resources of taxation like income tax, wealth tax, cess and
surcharge, excise duties, import and export duties etc. So the states are
already in deficiency of revenues and after implementing GST they will be more
deficient in their revenues so to solve this problem of the state's compensation
will be granted to the state for the loss of revenue that they will suffer due
to imposition of GST.
After GST
After implementation of GST in the year of 2017 major changes has been seen in
the taxation system in India particularly in indirect taxation system because
the problem of cascading effect or double taxation is only in indirect taxes so
GST centralised only indirect taxes. This is to be noted that not all the
indirect taxes are centralised by GST. The taxes that are centralised by GST are
as following:
Union
In relation to Union indirect taxes following indirect taxes are included in GST:
- Central excise duty
- Service tax
- Additional custom duty
- Special additional custom duty
- Additional excise duty
State
In relation to state following indirect taxes are included in GST
- Value added tax that is vat
- Entry tax
- Entertainment tax and amusement tax
- Octroi tax
- Gambling tax
- Central sales tax
- Tax on advertisement( other than advertisement it on radio newspaper and
TV)
So now these taxes will be centrally collected and will be divided under three
heads first Central GST second State GST and third IGST and will be distributed
as per the formula framed by GST Council.
To implement GST constitution of India has been amended by virtue of 101st
Constitutional Amendment Act Of 2016 and it will be in force from 1st July 2017.
The major benefits of implementing GST are:
- Avoidance of double taxation:
The main aim of implementing GST is to avoid the
cascading effect or double taxation and now indirect taxes will be we charged
centrally and the point based taxation system is replaced by destination based
taxation system.
- Free flow of trade and Commerce:
By making provisions for E way bill system
free flow of trade and Commerce throughout the territory of India can be
achieved.
- Raising higher revenues:
Through implementation of GST the persons that are
avoiding tax liability to safeguard themselves from double taxation will be
paying their tax share honestly and in opposite to loss of revenue that is
anticipated by the states more revenue will be generated.
- Curbing of black market:
Through imposition of GST the records relating to
trade and Commerce will be centrally saved through e way bill system and
government will have complete knowledge of goods traded between States and this
will help in curbing black market, hoarding and cold storage of goods to
arbitrarily raise the price of commodities by showing deficiency in supply. So
GST will act as a major check over the unexpected inflation in the commodities
market.
Reasons behind implementing GST
- Cascading effect:
The main reason behind implementation of GST is to remove
the cascading effect in indirect taxation system in India. Cascading effect
means tax on tax. The government is empowered through authority of law to impose
tax but there cannot be any tax on tax and it is against the principle of
taxation as well as natural justice because I have paid tax towards my tax
liability and still on that tax liability I am taxed again.
Let us understand
cascading effect through an example let us suppose person A sold good X with
price rupees one hundred to person B and the tax liability on this sale is 10%
so A will sell the good to B for rupees 110 now B again sale the good X to a
person C by adding the profits B wants to earn on good X suppose the profit that
B added in the price of product X is rupees 40 so now the total price of the
good will be rupees 150 and sale take place between person B and C and again the
tax liability on the sale of the good is 10%
The total price of the product is
150 and tax liability is 10% so after sale person C will get the good at price
of Rupees 175 but the thing to note in this sale and purchase transaction is
that when person A sold the good to person B the tax liability in that
transaction is rupees 10 and when again the good is sold by person B after
adding its profits the already paid rupees 10 as tax liability is added in the
total price of the good and when sale takes place between person B and C this
rupees 10 is also taxed and this tax on already paid tax is called as cascading
effect.
So the person C has to pay tax on already paid tax of person B. And the
benefit of input tax credit is not available to the person C. The input tax
credit means that the person who is buying any good or rendering any services
from any person he will get the benefit of already paid tax by the earlier
person on the concerned good and service and when and he buys that good or
render the services he will pay the tax on the total price but the earlier tax
that is paid will not be deducted from the tax liability that has arisen in
subsequent sale of goods or services and that tax liability that arise on total
price is known as output tax liability and the tax that is paid earlier is known
as input tax credit in opposite to cascading effect this input tax credit is
deducted from the output tax liability to realise their real tax liability that
arise on subsequent sale of goods or services rendered.
The system of granting
input tax credit in taxation system is known as value added tax that means tax
is charged only on the value that is added in the price of good after realising
profits by not adding the earlier paid tax.
- Artificial barriers in free flow of Trade and Commerce:
Under the Part XIII
of the Constitution of India it is made mandatory that state will maintain free
flow of trade commerce and intercourse throughout the territory of India and no
tax can be imposed that will create hurdle in free flow of trade but various
taxes like Entry taxes and Octroi taxes created artificial barrier in the free
flow of trade and Commerce.
It created a great hurdle in the transport sector to
trade goods between two States because they need to get entry clearance to enter
into another state for transportation of goods after paying entry taxes. The
trucks that are carrying goods have to wait from hours to days at the border of
states to get permission to enter into another state.
It's not only created a
problem for the transportation to transport goods but due to levy of tax on
entry into every single state huge tax liability arises on transportation and
this tax liability ultimately beard by the consumer because the more tax is
charged on transportation of goods the more will be the price of the goods so
this was a great problem that is in the indirect taxation system in India before GST is implemented to solve this problem.
- Dissatisfaction among foreign investors:
India liberalised its investment
policy in the year of 1991 to attract foreign investment and took a great step
in the era of liberalisation, privatisation and globalisation to pace up with
the developing world and to open new opportunity for its economic and
infrastructure sector but from the very beginning there is a dissatisfaction
among the foreign investors to invest in India because of many hurdles in the
taxation system the first one is cascading effect other one that is entry tax is
problem third is that that taxation system in India is very complex because
Union and State government has it separate authorities to charge and appropriate
tax and company has to maintain records for the tax that is paid to the Union
and State separately and it burdened foreign investors with a lot of paperwork.
- No uniform tax rates throughout the territory of India:
The tax rate on
various goods and services is not uniform on the matter relating to state
taxation these states are at autonomy to fix the rate of taxation and the rate
of taxation in different state is different so the price of goods in different
states is also different and many times to attract investment States started
giving concession on tax liability as an incentive method but not all the states
are in position to provide these incentives on tax liability because there is
fiscal imbalance between the states some States are having good revenue
resources than other states and they can bear the loss on revenue that to be
collected through taxation while others cannot so it created concentration of
investment in the states that are providing incentives in tax liability and the
states that are already rich in revenue are getting more rich while the states
that are deficient in revenue are still struggling for investment to be made in
those states. So it started at tug of war between the different states to
attract investment and it created friction between the relationship of various
States also due to this friction some states starting charging more tax on trade
on the goods of rivalry state and the ultimate loss is to the consumer.
- Black marketing:
Black marketing is not due to the shortcoming of the taxation system but it
mainly due to lack of coordination and communication between the various
Government and the various department of the same government as there was no
uniform taxation system throughout the India.
The records of trade of goods that has taken place between various state is
not available to the other state so no one can presume that how much good is
traded in that state and due to this lack of information the wholesalers
started hoarding the goods to show artificial deficiency in the supply of
goods and to raise the price of commodities resulting in inflation in India.
Also as due to double taxation on the goods that are trade between the
states true records of goods that are traded is not shown to the authority
to avoid tax liability. These all shortcoming in the indirect taxation
system has created serious problem for the consumer due to hike in price
lack of availability of goods etc.
GST: An Era of Tax Revolution
As GST was implemented in India from 1st July 2017 we cannot say that there are
no provisions like GST applicable in India before GST to clearly understand this
concept firstly we must understand what is meant by GST. GST stands for Goods
and Services Tax it is an comprehensive tax system that is implemented in India
to remove the various shortcoming of the earlier indirect taxation system that
are cascading effect, entry taxes, double taxation and black marketing.
Earlier
the taxation system was point based taxation system in which tax is imposed on a
particular point of sale and purchase without determining earlier tax liability
paid for giving the benefit of earlier tax paid tax. Liability is determined in
point based taxation in system by looking at the price at a particular point of
sale and purchase while GST is an multistage taxation in which the tax liability
is determined at every stage of sale and purchase and the tax benefit of earlier
paid tax in the form of input tax credit is provided to the person upon which
tax liability has arisen.
Due to the reason that in GST tax liability is
calculated as per the value added in the price of the good or services by
deducting the earlier tax liability that's why it is also called as value added
taxation system. The value added taxation system is not new in India that is
implemented by GST the value added taxation system is prevalent in India from
the year of 1986. Before the introduction of value added tax system in India
incidents of double taxation can be seen on the good and services to be taxed
again for the tax that is already paid the simplest example of double taxation
can be seen by looking at the excise duty that is charged by Central Government
and the sale tax that is charged by the state government.
Central Government
charged excise duty on the sale and purchase of goods at centre and State
government charge sale tax on sale and purchase of goods at state so a person
has to pay double tax on the single sale and purchase of the goods and services
and also due to point based taxation system the tax liability of the purchase or
seller of goods and services in transaction increases with every transaction
that take place in that sale and purchase of goods and service because no
benefit is provided of the earlier tax paid in this cascading effect in indirect
taxation system.
Value added tax
Under value added taxation system the persons that are involved in the
transaction of sale and purchase of goods get the benefit of earlier tax paid in
the form of input tax credit and this input tax credit is deducted from the
output tax liability to realise the real tax liability that arise on the value
added to the good and services.
To understand that at what is the point based taxation system and value added
taxation system let us discuss one example by applying point Based taxation
system first then applying value added taxes in system on the same transaction
Person A sold good X priced Rs 100 to B at 10% tax rate. Price that is paid by B
for good X is Rs 110 after adding tax liability. Person B performed
manufacturing process to product X and added Rs 40 to the price of product now
person B sells the product to person C after adding value added and tax
paid(rs150) by him so he sells the goods to C with 10 % tax liability at price
of 165 now finally the person C Sells the product to consumer by adding its
profit and 10% tax liability suppose profit added is 35 so total price will be
Rs200 plus 10% tax and total price will amount to Rs 220
So the good that consumer buy is priced at Rs220 and the inherent defect in this
type of taxation system is that at every point of taxation tax is paid on tax
except first transaction between A and B in transaction between B and C the
value added to good is Rs 40 but in total price to realise tax liability Rs 10
paid by person B is also added in the total price so in 10 percent tax liability
Rs 10 that is paid as tax is also added in the total price of good and same
happens when C sells the good to consumer in total price of good the tax paid by
him on Rs 150 is also added in the tax liability so in point based taxation
system there is taxation at every stage without giving benefit of earlier paid
taxation
Under value added taxation system at every stage of transaction tax benefit is
given for the earlier paid tax on the same good so let us discuss the example
again in the light of value added taxation system. Under value added taxation
system the liability between person A and B will remain the same that A will
have to pay rupees 10 as tax liability while in the transaction between B and C
this rupees 10 is not will be added in the total price of the good now the tax
between the tax will be charged on rupees 140 and the tax liability will become
rupees 14 and C will purchase the good from B at the price of rupees 154 And in
the transaction between person C and consumer let us suppose C has added rupees
50 as its profit at the place of profit of 35 rupees. Now the total value that
is added in the price of the good will be rupees 90 and in the transaction
between person C and consumer the tax liability will be charged on rupees 190
and at rate of 10% the tax liability will be now rupees 19 and the total amount
that has to be paid by the consumer is rupees 209 so it is clearly seen that in
value added taxation system after removing the double taxation effect or the
cascading effect on the good price falls from rupees to 220 to 209 even if we
added in the profit of person C rupees 50 at the place of rupees 35.
So now let us understand how this tax benefit is given in the value added
taxation system to remove cascading effect. In the transaction between the B and
C the tax liability that will arise after adding value added will be Rs 14 but
person B has already paid Rs 10 as tax on the same good so person C will get Rs
10 as tax input credit and Rs 14 will be his output tax liability so VAT is
calculated by deducting input tax credit from out tax liability so the tax
liability of person C will be Rs 4 similarly in transaction between C and
consumer the tax liability will be on Rs 190 after adding Rs 90 as value added
and the tax liability will be Rs 19 but as Rs 10 is paid by B and Rs 4 is paid
by person C as tax the tax liability on consumer will be Rs 5.
At every stage
except at first and last stage of the transaction there will be provided benefit
of tax that is paid earlier in the above example the consumer will not get
benefit of earlier paid taxation so we have to suppose that the person C sold
good to D at same tax rate and without any price added the goods are sold to
consumer so in value added taxation tax benefit of earlier paid tax is given to
the next person in transaction
Total tax that will be paid in this transaction will be Rs 19 by person B Rs 10,
person C Rs 4, person D Rs 5 and the tax benefit of input tax credit is only
given if the goods are further sold to some person so to get the benefit of
input tax credit the person in transaction chain will encourage next person to
further the sale of goods.
Benefits of GST
Following are the benefits of GST system:
- End of cascading effect:
By adopting a single and unified taxation system the
problem of double taxation in the form of cascading effect has been put to an
end by the GST now at every stage of transaction for sale and purchase of good
the manufacturer will get the input tax credit benefit for the already paid tax
and the problem of tax on tax has been tackled down.
- Unified taxation system:
Through implementation of GST the government has
achieved to implement unified indirect taxation system in India now there is
only a single taxation system for indirect taxation throughout the territory of
India for both Union and State Government and now the problem of filing separate
taxes to the Union and State and maintain separate record for the same the
manufacturer has to pay only single tag and has to mention about the share of
CGST SGST and IGST in only a single invoice and it saved and lot of time in
preparing paper work separately for Union and State Government.
- Free flow of trade and Commerce:
By implementing GST government was able to
remove the artificial tax barriers in the form of entry tax and is replaced by E
way bill system and now there will be seamless transportation of goods and
services between states.
- Competitive development in market:
In the earlier indirect taxation system
there was no uniform tax rate into state the States that are rich in revenue
started providing tax incentives to the investors to invest investors because
they can bear such loss but the states that are not so rich in matter of revenue
they are not able to provide tax incentives and this created centralisation of
investment in few States and there is not uniform development of every state in
India some state become developed some are still developing and other are in the
category of under developed States but after imposition of GST all the tax rates
throughout the territory of India in matter of indirect taxation are similar so
now the competition will not be in the matter of giving tax incentive the real
competition in in between the states will be to provide better infrastructure,
transportation and communication and it facilities. also due to uniform taxation
throughout the territory of India the price of goods that are changing from
state to state are now uniform and there is only single price throughout the
territory of India in relation to a particular product that comes under the
preview of GST.
- Reduction in tax burden and increase in consumption:
Due to removal of
cascading effect in the sale and purchase of goods and services in matter of
indirect taxation there is reduction in the tax burden over the manufacturer as
well as the consumer so now the price of the goods will be cheaper than the
earlier taxation system and the consumer will get the products at cheaper rate
and it will lead to more consumption of goods and ultimately the economy of
India will be flourished.
- Curbing hoarding and black marketing:
Earlier to safeguard itself from
cascading effect the manufacture started black marketing of its product by not
showing true record of the Trade and Commerce but due to e way bill system there
will be centralisation information of the Trade and Commerce between state and
government can realise that how much product is available in a particular state
because in e way billing system you have to mention that what is the amount of
the good that are you transporting so as the cascading effect is removed black
marketing has come down also the wholesaler will not be able to hoard the goods
to create artificial deficiency in the supply of goods to raise the price of the
goods because government knows that what amount of product or good is available
in a particular state so if anyone tries hoarding of goods then it can be easily
detected so GST benefited in both aspects to curb hoarding as well as black
marketing.
- Raising revenue:
Under GST as due to the removal of cascading effect the
black marketing of goods has come down now these goods are traded freely in the
market and the person that are selling the goods in black market now selling
them in open market and ready to pay their tax liability because there are now
not to pay tax on tax. So when the goods are traded in open market tax is
collected by the government and instead of what the critics are saying about the
GST that at this state as well as the union will lose revenue but opposite of it
happened implementation of GST has lead towards raising revenue for both state
as well as Union.
- International trade and investment:
When India liberalised is policy in
the year of 1991 by making India as the part of the family of countries that
supports liberalisation, privatisation and globalisation the one thing in which
India is lagging behind is uniform taxation system although India was achieved
to attract great foreign investment and hike in the international trade through
India but still the foreign companies are complaining about the poor taxation
system and cascading effect in India so the long needed demand of the foreign
investor and trader of establishing a uniform taxation system in India is also
met out by the GST.
- Creation of Job opportunities:
Through implementation of GST new job
opportunities has been created because specialised agency has been incorporated
to provided various services like GST return filling, GST reporting and
compliance and they need person having experience in return filling and taxation
so it created new job opportunities for those persons. The mostly benefited
service providers are the chartered accountants.
Major challenges in implementation of GST:
- IT structure:
The first challenge in implementation of GST is that there is
no uniform IT infrastructure to implement GST so for the effective
implementation of GST the government has to create an extensive uniform IT
structure in which the manufacturer will be able to file return. For this
purpose GST portal has been launched but the implementation of GST portal is not
an easy task because data of millions of manufacturer and trader has to be
uploaded on this portal and the portal has to the strength of managing this
large amount of information and data and it will not be easy to maintain the
server in working condition for easy filing of GST Returns so before
implementing GST government has to create an world class IT structure.
- Administrative requirements:
As after GST there is merger of Union and State
indirect taxes and they will be collected by through single taxation mechanism
so there has to be communication between the central tax authorities and state
tax authorities to administer the matters relating to GST. GST Council is
appointed and in this GST Council a large number of authorities has to be
appointed to hear the disputes and problems regarding GST so in almost every
state this GST Council has to open its branches to hear the problems and
difficulties that arises in regard of GST
- Multiple Returns:
In GST there is quarterly filing of Returns Meaning of
thereby the manufacturers and traders have to file four returns in a single year
in the earlier taxation system the manufacturer and traders have to file only a
single return at the end of the assessment year but now due to filing of
multiple return the paperwork and administrative work of this manufacturer and
trader in filing of returns is tremendously increased.
- Registration for GST:
Every person that comes under the preview of indirect
taxation in GST has to get itself registered with the GST Council and get an
GSTIN number. So a good administrative infrastructure is required for easy
registration of all the manufacturer and traders and also the dispute resolution
mechanism has to be adopted to hear the problems regarding registration for GST.
- Union territory has given no representation in the GST Council:
No provision
has been made to give representation to the union territories having legislative
council in the GST Council so this will be a major challenge for the union
territory to get there voice heard in the GST council meeting regarding their
interest in indirect tax.
- All the indirect taxes are not included under the preview of GST:
Only a
limited list of indirect taxes is included in the preview of GST and many taxes
like excise duty on matter stated in entry 84 of union list and sales tax on
matters mention under entry 54 of the state list are not included in GST so we
can say that GST has unified the indirect taxation system in India only in
relation to particular taxes and not for all the indirect taxes.
- Compensation to states:
Union have agreed with the states to compensate for 5 years for any loss of
revenue that will occur to them due to merger of state indirect taxes in GST but the major challenge in this is that the union has also
promised for loss of revenue that will occur due to implementation of VAT in the
year of 2005 and it didn't go well because state has to continuously pursued the
union to grant money for the loss of revenue that occurred due to implementation
of VAT.
- The another major challenge in implementation of GST was to make the state
agree for IGST destination based taxation system: Because in IGST system the
benefit of IGST is given to the state in which consumption of good and services
has taken place so the states that are highly manufacturing states opposed this
is because they will not get this benefit because the production of goods in
this state is much higher than the consumption so they opposed the destination
based principle in GST but as Union promised compensation for loss of revenue to
the states so these states also agreed for implementation of GST.
- Non applicability of GST in Jammu and Kashmir by virtue of Article 370 state
of J&K enjoys special status and union cannot impose any law on state of J&K
without its consent and in relation to taxation state of J&K enjoys special
status than other states as unlike in other states union cannot impose tax in
J&K without law being approved by J&K state legislature and also to implement
101st constitutional amendment in J&K it has to be approved in the J&K
legislature and if it is approved than state of J&K will loose its fiscal
autonomy. The applicability of GST in state of J&K will benefit both union and
state of J&K but the main hurdle is not the Article 370 but the political
agenda in J&K between local parties. So it seems very difficult that uniform
indirect taxation can be applicable between union and state of J&K in near
future.
- Tax exemption by states:
In the earlier taxation system state government has
the power to give tax exemption on particular goods and services that need
assistance to increase their market share but in new GST system the state will
not be able to give these tax exemption without getting permission from GST
council and it is not a easy task so implementation of GST will create hindrance
in the state development policies.
Conclusion
GST as termed the biggest tax reform is as successful as expected and the Indian
Economy after implementation of GST has seen boost in almost every sector of the
economy and on the other hand the unlawful activities in relation to taxation
are discouraged like black marketing, hoarding and it also helped in curbing
black money in India. Due to all the information available centralised in both
online and on paper format it will not be able to hide the income to avoid
taxation. And due to collaboration between CBDT and GSTIN all the information of
direct as well as indirect taxes relating to a particular individual can be
accessed easily and it willnot be possible to evade tax.
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