The Goods and Services Tax (GST) is a comprehensive, multi-stage, destination-based tax that replaced India's fragmented indirect tax structure on 1 July 2017. Governed by the CGST Act 2017, IGST Act 2017, UTGST Act 2017, and GST (Compensation to States) Act 2017, GST is a unified tax on the supply of goods and services across India.
Constitutional Framework
The Constitution (101st Amendment) Act 2016 inserted Articles 246A, 269A, and 279A, enabling concurrent taxation powers for the Union and States for GST. Article 279A established the GST Council — the apex decision-making body — comprising the Union Finance Minister (Chair), Union Minister of State for Finance, and state/UT finance ministers.
Dual GST Structure
| Type | Applied On | Goes To |
|---|---|---|
| CGST (Central GST) | Intra-state supply | Central Government |
| SGST (State GST) | Intra-state supply | State Government |
| IGST (Integrated GST) | Inter-state supply, imports | Centre (distributed to destination state) |
| UTGST (Union Territory GST) | Supply in UTs without legislature | Union Territory administration |
GST Rate Structure
| Rate | Examples |
|---|---|
| 0% | Fresh milk, eggs, fruits, vegetables, cereals, printed books, newspapers |
| 5% | Sugar, tea, coffee (unprocessed), medicines (essential), railways (non-AC), life insurance |
| 12% | Frozen/packed food, butter, ghee, computers, business class flights, work contracts |
| 18% | Most services (IT, banking, telecom), AC restaurants, electronics, soaps, plastics |
| 28% | Luxury cars, motorcycles above 350cc, tobacco, aerated drinks, casinos (28%) |
| Cess (additional) | Tobacco products, luxury cars, coal, aerated drinks — over and above 28% |
Input Tax Credit (ITC) Mechanism
ITC is the backbone of GST — allows businesses to offset GST paid on inputs against GST collected on outputs, preventing tax cascading.
ITC Eligibility (Section 16, CGST Act)
- Registered person possessing valid tax invoice/debit note
- Goods/services received
- Tax actually paid by supplier to government
- Return (GSTR-3B) filed by the recipient
- Invoice reflects in GSTR-2B (auto-populated from supplier's GSTR-1)
ITC Restrictions (Section 17)
- Motor vehicles (personal use) — blocked credit
- Food/beverages, club memberships, health services — blocked credit
- Works contracts for immovable property — blocked
- Inputs for exempt supplies — proportionate reversal required
GST Registration
Mandatory Registration
- Turnover exceeds Rs.40 lakh (goods) / Rs.20 lakh (services) [Rs.20L/10L for special category states]
- Inter-state supplier regardless of turnover
- E-commerce operators
- Casual taxable persons, non-resident taxable persons
- Persons liable to pay under reverse charge
Key GST Returns
| Return | Purpose | Due Date |
|---|---|---|
| GSTR-1 | Outward supplies (B2B+B2C invoices) | 11th of next month (monthly); 13th of month after quarter (quarterly QRMP) |
| GSTR-3B | Summary return + tax payment | 20th of next month (monthly); 22nd/24th for QRMP |
| GSTR-9 | Annual return | 31 December of following year |
| GSTR-9C | Reconciliation statement (if turnover >Rs.5Cr) | 31 December of following year |
Composition Scheme
Small taxpayers with turnover up to Rs.1.5 crore (Rs.75 lakh for special category states) can opt for Composition Scheme under Section 10 of CGST Act. Rates: 1% (traders), 2% (manufacturers), 5% (restaurants), 6% (service providers). Cannot charge GST separately, no ITC.
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