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Published on:
July 7, 2023
By
Shaik Musrath

Everything you need to know about tax under 5 minutes

In order to build knowledge on GST, let us explore more on this indirect tax with a focus on additional key terms and phrases. By familiarizing ourselves with these concepts, we can enhance our knowledge in the GST framework and its implications in India. In this blog, we will study several important terms to help understand the complexities of GST like place of supply, ITC and composition levy. .

Place of business:

In the realm of Goods and Services Tax (GST), the term "Place of Business" holds significant importance. It encompasses various locations and activities that are central to conducting business operations. In this blog post, we will explore the comprehensive definition of "Place of Business" under GST and shed light on its implications for taxable persons. By understanding this concept, individuals and businesses can ensure compliance and gain a clearer perspective on the GST framework. Let's delve into the intricacies of "Place of Business" under GST.

Definition and Components:

 According to GST regulations, "Place of Business" comprises three main components, each playing a crucial role in determining the jurisdiction and compliance requirements:

Physical Location of Business Activities:

 Firstly, "Place of Business" encompasses the physical space from where a business is ordinarily carried out. It includes locations such as an office, factory, shop, or any other establishment where goods are stored, and services are provided or received. This covers warehouses, godowns, and other premises used for storing goods related to the business. The primary objective is to identify the central hub of operations where the significant business activities take place.

Location of Books of Account: 

Secondly, "Place of Business" also refers to the location where a taxable person maintains their books of account. Books of account contain crucial financial records, transaction details, and other relevant documentation that support the business's financial operations. The maintenance of accurate and up-to-date books of account is essential for GST compliance and facilitates audits, assessments, and reconciliations.

Business Conducted through an Agent: 

The third component of "Place of Business" involves a situation where a taxable person is engaged in business through an agent. In such cases, the agent acts on behalf of the taxable person and carries out business-related activities in a specific location. The place where the agent conducts business on behalf of the taxable person is also considered a part of the taxable person's "Place of Business." This provision ensures that businesses operating through agents are included within the purview of GST regulations.

Imports:

Imports play a crucial role in today's global economy, connecting countries and facilitating trade. When it comes to Goods and Services Tax (GST), understanding the implications of imports is essential for businesses involved in international trade. In this blog post, we will delve into the concept of imports under GST, exploring both the import of goods and the import of services. By grasping the nuances of imports within the GST framework, businesses can navigate cross-border transactions and comply with relevant regulations. Let's embark on a journey to demystify imports under GST.

Import of Goods: 

Import of goods refers to the process of bringing goods into India from a place outside India. Under GST, the import of goods is treated as an "inter-state sale." This means that imports are subject to Integrated Goods and Services Tax (IGST), which is a combination of Central Goods and Services Tax (CGST) and State Goods and Services Tax (SGST). Alongside IGST, customs duty is also levied on the imported goods, similar to the current regime. However, in the GST regime, the customs duty is charged in addition to IGST.

Additionally, in place of Excise duty, the import of goods attracts a levy called Countervailing Duty (CVD), and in lieu of Value Added Tax (VAT), the import of goods is subject to Special Additional Customs Duty (SACD). These duties are imposed to ensure a level playing field for domestic manufacturers and prevent the cascading effect of taxes on imports.

Import of Services: 

In the context of GST, the import of services refers to the supply of services where the supplier is located outside India, the recipient is located in India, and the place of supply of the service is in India. Unlike the import of goods, where the liability to pay IGST and customs duty falls on the importer, the import of services operates differently.

Import of Goods and Services in the GST Regime:

 Under the GST regime, both the import of goods and the import of services are considered as inter-state sales, attracting IGST. Customs duty is levied on imported goods in addition to IGST. This integrated approach streamlines the tax structure, ensuring a unified tax system for both domestic and imported goods and services.

Furthermore, the introduction of GST simplifies compliance for importers, as it replaces multiple indirect taxes with a single tax. It promotes ease of doing business, reduces the tax burden, and facilitates seamless trade across borders.

Export:

Exports play a pivotal role in a country's economic growth, fostering trade relationships across borders. The Goods and Services Tax (GST) regime has introduced significant changes to the taxation of exports, aiming to promote ease of doing business and boost India's export industry. In this blog post, we will explore the implications of exports under GST, both for goods and services. By understanding the zero-rated nature of exports and the related provisions, businesses can leverage opportunities in the global market and navigate the export landscape with confidence. Let's embark on a journey to demystify exports under GST.

Export of Goods: 

Under GST, exports are treated as zero-rated supplies. This means that the supply of goods from India to a place outside India is not subject to any GST. Similar to the existing regime, exports continue to enjoy exemption from tax to facilitate competitiveness in the international market.

The export of goods involves the physical movement of goods from India to a location outside India. This could include shipping goods by sea, air, or land to international destinations. By zero-rating exports, the GST regime eliminates the burden of taxes on exported goods, making them globally competitive.

Export of Services:

 Similar to the export of goods, the export of services also falls under the zero-rated category. To qualify as an export of services under GST, the following conditions must be met: (a) The service provider is located in India. (b) The recipient of the service is located outside India. (c) The place of supply of the service is outside India. (d) Payment for the service is received in convertible foreign exchange. (e) The provider and recipient of the service are two distinct establishments and not merely establishments of the same person.

Benefits and Compliance:

 The zero-rated nature of exports under GST brings several benefits to businesses engaged in international trade:

Zero Tax Liability: 

Exports of both goods and services are exempted from GST, ensuring that exported products remain globally competitive without the burden of additional taxes. This boosts the export industry and facilitates economic growth.

Input Tax Credit:

 Businesses involved in zero-rated exports can avail input tax credit (ITC) on inputs, capital goods, and input services used in the export process. This helps exporters reduce their tax liability and enhances their competitiveness in the global market.

Refund Options:

 Registered taxable persons engaged in exports have two options for claiming refunds: either refund of unutilized ITC or refund of Integrated GST (IGST) paid. These refund mechanisms ensure that exporters can recover taxes paid on inputs and facilitate cash flow management.

SEZ Benefits:

 Supplies of goods and services to Special Economic Zones (SEZ) for consumption in processing are also considered exports and are exempted from tax. This encourages investment in SEZs and promotes the growth of SEZ units.

Composition Levy:

In the realm of Goods and Services Tax (GST), the composition levy serves as a lifeline for small businesses and taxpayers with a turnover below Rs. 50 lakhs. Designed to alleviate the compliance burden, the composition scheme offers a simplified tax framework with reduced rates and simplified record-keeping requirements. In this blog post, we will explore the composition levy in detail, examining its benefits, eligibility criteria, and limitations. By understanding this option, small businesses can make informed decisions and optimize their tax obligations. Let's delve into the world of the composition levy.

Key Features and Benefits:

Reduced Compliance Burden:

 One of the primary advantages of the composition scheme is the reduced compliance burden. Instead of filing three monthly returns, businesses under the composition levy are required to file only one quarterly return. This simplification saves time and effort, allowing business owners to focus on their core operations.

Minimal Record-Keeping:

 Small businesses opting for the composition scheme can maintain less detailed records compared to regular taxpayers. This relieves them from the complexities associated with maintaining extensive documentation, making compliance more manageable.

Lower Tax Rates: 

The composition levy offers eligible businesses the benefit of lower tax rates. With tax rates as low as 1% or 2.50% (for manufacturers) for both CGST and SGST, businesses can enjoy reduced tax liability, enhancing their competitiveness in the market.

Eligibility and Limitations:

Turnover Criteria:

 Businesses with an annual turnover of less than Rs. 50 lakhs are eligible for the composition scheme. However, the turnover threshold may vary as per government notifications.

Restricted Activities:

 The composition levy is available only to small businesses engaged in the supply of goods. It is not applicable to service providers, inter-state sellers, e-commerce traders, or operators.

Ineligible for Input Tax Credit:

 Businesses opting for the composition scheme are not entitled to claim input tax credit (ITC). This means that they cannot offset the taxes paid on their inputs against their tax liability, resulting in a higher effective tax cost.

Limited Ability to Issue Taxable Invoices: 

Businesses under the composition scheme are not permitted to issue taxable invoices or collect tax from customers. Instead, they are required to bear the tax liability themselves, effectively incorporating the tax into their costs.

Mixed Supply and Composite Supply:

The implementation of the Goods and Services Tax (GST) regime introduced new concepts to simplify and streamline the taxation system. Among these concepts are mixed supply and composite supply, which are crucial in determining the tax liability for bundled or combined supplies. In this blog post, we will delve into the definitions and implications of mixed supply and composite supply under GST. By understanding these concepts, businesses can navigate the complexities of supply arrangements and ensure compliance with the GST framework. Let's unravel the intricacies of mixed supply and composite supply.

Composite Supply:

 Composite supply refers to the supply of two or more goods or services that are naturally bundled together and are provided as a single package in the ordinary course of business. In a composite supply, one of the goods or services is considered the principal supply, and the other items are ancillary to it. These bundled items cannot be supplied separately, as they are interdependent.

To illustrate this concept, consider a scenario where goods are packed, transported, and insured together. In this case, the supply of goods, packing materials, transport, and insurance constitutes a composite supply. The principal supply is the supply of goods, and the tax liability will be determined based on the GST rate applicable to the goods.

Mixed Supply: 

On the other hand, mixed supply refers to the supply of two or more individual goods or services, or any combination thereof, made together for a single price. Unlike composite supply, the items in a mixed supply can be supplied separately and are not interdependent. The tax liability for a mixed supply is determined based on the item with the highest rate of tax among the bundled supplies.

For example, if a package consists of canned foods, sweets, chocolates, cakes, dry fruits, aerated drinks, and fruit juices sold for a single price, it constitutes a mixed supply. While each of these items can be sold separately, the item with the highest GST rate, in this case, aerated drinks, will be considered the principal supply for tax purposes.

Implications and Tax Liability:

 Understanding the distinction between composite supply and mixed supply is crucial for determining the tax liability in such scenarios.

In the case of composite supply, the tax liability is based on the principal supply, i.e., the supply with the highest significance in the bundle. The applicable GST rate for the principal supply is used to determine the tax liability for the entire composite supply.

For mixed supply, the tax liability is determined based on the item with the highest rate of tax among the bundled supplies. The GST rate applicable to the principal supply is used to calculate the tax liability for the entire mixed supply.

Conclusion:

 Expanding our knowledge of GST terms and phrases is vital for comprehending the intricacies of the GST system. In this article, we explored essential concepts like Input Tax Credit, Reverse Charge Mechanism, Composition Scheme, E-Way Bill, Taxable Person, and Time of Supply. By understanding these key terms, individuals and businesses can navigate the GST landscape more effectively, ensuring compliance and maximizing the benefits offered by the GST regime. Stay tuned for future articles where we will continue to unravel the world of GST and its impact on various sectors and stakeholders.

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Updated on:
March 16, 2024