In India, the Constitution provides rights to both Centre and the States to levy and collect taxes. GST has been introduced as a substitute for old levies – central levy of customs, excise and service tax and state levy of VAT. It is therefore only fair that states should also have a share in GST collections, and that the entire levy should not go to the Centre’s kitty. It was in fact for this reason that the law could not be implemented earlier for a long time until the Centre and all States reached a consensus.
However, now that the law is applicable, it is levied by both Center and States simultaneously. This is in sharp contrast to the erstwhile regime, considering that the taxes were levied separately and in fact had cascading effect. GST is applicable based on place of supply and nature of supply. Detailed principles can be studied at some good GST classes. Meanwhile, if one were to put it in simple terms, it is applicable in the following manner:
- When it is an intra-state supply – CGST and SGSTWhen goods/ services are supplied within the same state, Central GST and State GST are levied. Seller must collect both from the buyer and as the name suggests, CGST is deposited with the Central Government, while SGST is deposited with the State Government. Both these components are governed by separate legislations – Central Goods and Services Tax Act, 2017 and separate SGST Acts of various states.As for Input Tax Credit, it can be availed against the output liabilities as under:
- CGST liability can be paid using:
- first, input tax credit under CGST
- then, input tax credit under IGST
- Similarly, SGST liability can be paid using:
- first, input tax credit under CGST
- then, input tax credit under IGST
- CGST liability can be paid using:
- When it is an inter-state supply – IGST
When the goods/ services are sold from one state to another, Integrated GST is levied. It is to be deposited with the Central Government. It may be mentioned here that the governments do apportion amongst themselves (Centre and states), however that is not relevant from the seller’s perspective who has to pay it to the Central Government.
The afore-said rules apply to imports and exports too, and even where the supply is from or to an SEZ unit.
IGST is levied under Integrated Goods and Services Tax Act, 2017.
Input Tax Credit can be availed against output IGST liability. The order to be applied for paying IGST liability is:
- First, utilize input tax credit under IGST
- Then, utilize that under CGST
- Then, utilize credit under SGST
Hope the above provides a good overview of the basics. For deeper understanding of the concepts with examples, you could subscribe to GST course at Super 20 Training Institute in Ahmedabad.