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Goods and Service Tax

By sabamasood Apr 10, 2011 5934 Words
TOPIC:-
GOODS AND SERVICE TAX ---AN EFFORT TO REDUCE DISPARITY

SUBMITTED TO
MR.VISHVAS CHAKRANARAYAN.
SUBMITTEDBY SABA MASOD ROLL NO:- B43 SECTION:- SM1001 REG. NO:- 11004459
INDEX
1. TAX STRUCTURE IN INDIA.
2. LIMITATION OF EXISTING TAX STRUCTURE.
3. INTRODUCTION OF
GOODS AND SERVICE TAX(GST)
4. REVIEW OF LITERATURE
5. ANALYSIS
6. STRUCTURE OF GST
7. OBJECTIVES OF GST
8. IMPACT OF GST
9. BENEFITS OF GST
10.RESEARCH METHODOLOGY
11. CONCLUSION
12. BIBLIOGRAPHY

ACKNOWLEDGEMENT

IF WORDS ARE CONSIDERED TO BE A SIGN OF GRATITUDE THEN LET THESE WORDS CONVEY THE VERY SAME.I AM HIGHLY INDEBTED TO LECTURER MR VISHVAS CHAKRANARAYAN, WHO HAS PROVIDED ME WITH THE NECESSARY INFORMATION AND ALSO FOR THE SUPPORT AND HIS VALUABLE SUGGESTIONS ON BRINGING OUT THIS TERMPAPER IN THE BEST POSSIBLE WAY. I FEEL GREAT PLEASURE TO CORDIALLY THANK TO ALL FACULTY MEMBERS OF MANAGEMENT DEPARTMENT OF LSM WHO SINCERELY SUPPORTED ME WITH THE VALUABLE INSIGHTS INTO THE COMPLETION OF THIS TERMPAPER AND I AM THANKFUL TO THAT POWER WHO ALWAYS INSPIRE ME TO TAKE RIGHT STEP IN THE JOURNEY OF SUCCESS IN MY LIFE.

Goods and Services Tax (India)
Tax structure in India
Taxes in India are levied by the Central Government and the State Governments. Some minor taxes are also levied by the local authorities such as Municipality or Local Council. The authority to levy tax is derived from the Constitution of India which allocates the power to levy various taxes between Centre and State. Some of the important Central taxes

Custom
CENVAT
Service tax
Some of the important State taxes
CST
State Sales Tax
Works Contract Act
Entry tax
LIMITATION OF EXISTING TAX STRUCTURE IN INDIA
Originally, the taxes on the sale of goods were levied in terms of the respective Sales Tax/Trade Tax enactments and the 'entry of goods' was subject to tax under the respective State Entry Tax enactments and this scenario prevailed till the reform process set in whereupon these levies were replaced by VAT.However the shift to VAT did not put to an end to cascading realities Service tax was introduced in 1994. Current service tax rate is 10.30%. The scope of service tax has since been expanded continuously by subsequent Finance Acts and now nearly 109 services are covered. But there are many service sectors which are out of purview of Central Government which can generate more revenue to Government. Despite of existence of multiple taxes like Excise, Customs, Education Cess, Surcharge, VAT, Service Tax etc. GDP of India is much lower than GDP of countries like USA, China and Japan. India has miles to go to achieve this level. Therefore, the Indirect Taxes are therefore urgently required tobe rationalized and unified. If the G.S.T. is introduced it would certainly increase the volume of tax collection. The implementation of GST would ensure that India provides a tax regime that is almost similar to the rest of the world. It will also improve the international cost competitiveness of native goods and services. Further it will also encourage an unbiased tax structure that is neutral to business processes and geographical locations.

INTRODUCTION OF GST IN INDIA
The Goods and Services Tax is a value added tax, which is to be implemented in India by April 2011 . The GST will replace all indirect taxes levied on goods and services by the Indian Central and State governments. It is aimed at being comprehensive for most goods and services with minimum exemptions. India is a federal republic and therefore the GST will be implemented concurrently by the central and state governments as CGST and SGST respectively. The objective will be to maintain a commonality between the basic structure and design of the CGST, SGST and SGST between states. Exports will be zero-rated and imports will be levied the same taxes as domestic goods and services adhering to the Destination principle Goods and Services Tax stand for a replacement of the Value Added Tax (VAT), excise duty tax, service tax, manufacturer's sales tax, and other tax schemes. It seeks to simplify all types of tax into one structure. The implementation of this tax structure differs in every country but with the sole purpose of helping the nation's budget. GST is commonly imposed on the goods and services sold to consumers. Not all products are levied with GST. Some countries exempt essential goods and services from the GST. Every country with GST imposes the tax on different products. .

REVIEW OF LITERATURE

By Taxmann JUNE:2010
This article is about the Goods and Service Tax (GST), which is a landmark in the history of tax reforms, after the implementation of VAT, has started its journey by the Finance Minister’s public endorsement of the dual GST model. The dual GST model will comprise of a Central GST and State GST. The Centre and the State will each legislate, levy and administer the Centre and State GST, separately. GST centres round evolving an efficient and harmonize consumption tax system in the country. Through a tax credit mechanism, GST is collected on value-added goods and services at each stage of sale or purchase in the supply chain. GST paid on the procurement of goods and services can be set off against that payable on the supply of goods or services. But being the last person in the supply chain, the end consumer has to bear this tax and so, in many respects, GST is like a last-point retail tax .

Namita - About the Author:
Namita Sethi Legal Advisor at Lawcrux Advisors Pvt Ltd.
Posted: Jun 11, 2010
This comparison is based on the recommendations of the First Discussion Paper produced by the Empowered committee of states finance ministers (hereafter referred as EC) and the Report of the Task Force on GST constituted by the Thirteenth Finance commission. Objective behind GST

a) The incidence of tax only falls on domestic consumption. b) The efficiency and equity of the system is optimized.
c) There should be no export of taxes across taxing jurisdictions. d) The Indian market should be integrated into a single common market. e). My comparative discussion will be based only on significant points constructing overall GST. GST MODEL A dual structure has been recommended by the EC. The two components are: Central GST (CGST) to be imposed by the center and state GST (SGST) by the states. Both the CGST and SGST should be levied on a common and identical base. Both have suggested for consumption type GST, that is, there should be no distinction between raw materials and capital goods in allowing input tax credit. The tax base should comprehensively extend over all goods and services upto final consumption point. Posted: May 26, 2007

By Frank Egan - LAC Lawyers--- Frank Egan is the Chief Executive Officer of LAC taxation Lawyers Sydney and has over 27 years of experience as a lawyer The main piece of GST legislation is a new tax system (Goods and Services Tax Act 1999) which came into operation on 1 July 2000 and is payable only on supplies and importations made on or after that date. GST is charged at the rate of 10% on most goods and services consumed. It is important to keep in mind that the manipulation of GST is an offence which is punishable by fine, penalty, criminal sanction and may amount to a false or misleading claim which may contravene the Trade Practices Act 1974. It is fair to say that GST applies to most businesses. Most businesses should have an ABN and be registered for GST so that they can charge either their customers or clients for goods and services. Effectively GST input tax creditscan be claimed by all of those involved in the supply chain except the final consumer .

Rajat Mohan ,B.Com(H), A.C.A., D.I
Posted on 2009
First paper on Goods and Service tax ("GST") was introduced on 10 November 2009 since then there is a constant wait among professionals and industrialists for Goods and Service tax legislature. Pending the clearance of issues involved in GST regime there was a report of Task force on 15 December, 2009. This report deals with several issues in detail and lays down the path of GST in India.. By Rajat Mohan

B.Com(H), A.C.A., D.I.S.A.
Transport services, is used both as intermediate input and in final consumption. The present regime leads to cascading effect of embedded taxes on the downstream industry which do not get rebated thereby leading to enhanced cost for such industries. Hence, it is imperative to rationalize the taxation regime for transport services.

ByEconomic times
Posted Dec 04,2009

The Goods and Services Tax(GST) is a tax we have to pay every time we buy goods or services. In this system, the consumer pays the final tax but an efficient input tax credit system ensures that there is no cascading of taxes — tax on tax paid on inputs that go into manufacture of goods. Put simply, GST is levied only on the value-added at every stage of production. The price of any input going into production will have a cost and a tax component. The system ensure that when the final tax is calculated, the tax paid on input is taken out and the tax is levied only on the cost of the good produced. It is therefore, also known as value added tax in some countries and trade blocks

Taxation Economics | S Madhavan
Posted on 2010
One of the key expectations in the area of indirect taxes from the Union budget is relief from the pernicious problem of double taxation. The problem is well known and arises because of the fact that both the goods tax—comprising the customs, excise and state value-added tax (VAT) laws—as well as the services tax are made applicable on the same transaction because the said transaction is treated as both a supply of goods and a provision of services. This results in high indirect taxes, which are not always available as offsets. The main underlying cause of the problem is that there are no well-understood and accepted rules to determine whether a particular transaction is a supply of goods or a provision of services. Sudhir Halakhandi,

20-Jan-2010 05:28:40 AM

The Goods and service tax, once considered to be a biggest reform in the history of Indian taxation, is marred with the confusion and non –agreement on various issues between the centre and the state Governments. The Goods and service tax, as promised to be a Single National Level tax replacing the State level VAT and two major central taxes i.e. Central Excise and Service tax but since states are not agree to surrender their right to tax and share the revenue of National GST with the centre hence now what is going to be introduced in India in the name of GST is a dual GST in which both state and the centre will impose tax on the same transaction. But this compromised format of the GST is also not free from controversies and confusions related to rate of tax (whether single or dual rate- states have suggested dual rates i.e. lower for essentials and General for others but centre is favoring the single rate, the exemption list, the threshold limit for CGST (Central Goods and service Tax), tax on alcohol and purchase tax etc.

ANALYSIS
Goods and Service Tax is a landmark in the history of Tax reforms.GST is collected on Value Added Goods and Services at each stage of sale of purchase in the supply chain but the last person inthe supply chain- the end consumer has to bear this tax.GST is like a last point retail tax. GST has a dual structure model i.e; CGST and SGST both of these should levied on a common and identical base. There is no difference between raw materials and capital goods in allowing input tax credit. One of the main expectation from GST is that it will be a single National Level Tax replacing the state level VAT and two major level central taxes i.e, central Excise and Service Tax.It also aims to reduce doble taxation which is the major problem facing by present Tax structure. First paper on Goods and Service Tax was introduced on November 10,2009.The dates for implementation of Goods and Service Tax has been changed from April 1, 2011 to April 1,2012.

DTC AND GST, ON THE TAXATION FRONT
Direct and Indirect taxes.
DIRECT TAXES:-
As is well-known the current income tax law is a code written in 1961 to replace the earlier code of 1922. With the efflux of time and increasing sophistication of business transactions, the current Act has witnessed thousands of amendments over a period of time and there is a wide consensus about the lack of simplicity and clarity on many contentious tax issues in India today. It was about a decade ago that Kelkar Committee recommended benign tax rates with a simple code without the clutter of various tax exemptions and deductions. For various reasons, the Kelkar Committee has never been implemented in its fullest form and shape. Of course, the highlight of the decade will surely be the introduction of the Direct Taxes Code (DTC) which is a bold attempt to simplify the tax law and offer greater certainty to the taxpayers. Much has been said and written on the DTC and Government has indicated its readiness to revisit several critical areas of the DTC in view of feedback received from industry and professionals. With the benefit of hindsight perhaps the stakeholders could have been taken into confidence and their views solicited much earlier before the draft code was written and presented to the public. This would have enabled a healthy debate around the direction of tax policy and new concepts sought to be introduced like the Gross Assets Tax, for example, before the actual drafting of the law.

DIRECT TAX CODE (DTC)

The New Direct Tax Code (DTC) is said to replace the existing Income Tax Act of 1961 in India. It is expected to be passed in the monsoon session of 2010 and is expected to be enforced from 2011 2012. During the budget 2010 presentation, the finance minister Mr. Pranab Mukherjee reiterated his commitment to bringing into fore the new direct tax code (DTC) into force from 1st of April, 2011, but same could not be fulfilled and now it will be applicable from 1st April, 2012.

DTC bill was tabled in parliament on 3oth August, 2010. There are big changes now in monsoon session and There are now much less benefits as compared to what were in the original proposal. Here are some of the salient features and highlights of the DTC: 1. DTC removes most of the categories of exempted income. Unit Linked Insurance Plans (ULIPs), Equity Mutual Funds (ELSS), Term deposits, NSC (National Savings certificates), Long term infrastructures bonds, house loan principal repayment, stamp duty and registration fees on purchase of house property will loose tax benefits. 2. Tax saving based investment limit remains 100,000 but another 50,000 has been added just for pure life insurance (Sum insured is atleast 20 times the premium paid) , health insurance, mediclaims policies and tuition fees of children. But the one lakh investment can now only be done in provident fund, superannuation fund, gratuity fund and new pension fund. 3. The tax rates and slabs have been modified. The proposed rates and slabs are as follows:

Annual IncomeTax Slab
Up-to INR 200,000 (for senior citizens 250,000)Nil
Between INR 200,000 to 500,00010%
Between INR 500,000 to 1,000,00020%
Above INR 1,000,00030%

Men and women are treated same now
4. Exemption will remain same as 1.5 lakhs per year for interest on housing loan for self-occupied property. 5. Only half of Short-term capital gains will be taxed. e.g. if you gains 50,000, add 25,000 to your taxable income. Long term capital gains (From equities and equity mutual funds, on which STT has been paid) are still exempted from income tax. 6. As per changes on 15th June, 2010, Tax exemption at all three stages (EEE) —savings, accretions and withdrawals—to be allowed for provident funds (GPF, EPF and PPF), NPS (new pension scheme administered by PFRDA), Retirement benefits (gratuity, leave encashment, etc), pure life insurance products & annuity schemes. Earlier DTC wanted to tax withdrawals. 7. Surcharge and education cess are abolished.

8. For incomes arising of House Property: Deductions for Rent and Maintenance would be reduced from 30% to 20% of the Gross Rent. Also all interest paid on house loan for a rented house is deductible from rent. Before DTC, if you own more than one property, there was provision for taxing notional rent even if the second house was not put to rent. But, under the Direct Tax Code 2010 , such a concept has been abolished. 9. Tax exemption on LTA (leave travel allowance) is abolished. 10. Tax exemption on Education loan to continue.

11. Corporate tax reduced from 34% to 30% including education cess and surcharge. 12. Taxation of Capital gains from property sale : For sale within one year, gain is to be added to taxable salary. For long term gain (after one year of purchase), instead of flat rate of 20% of gain after indexation benefit, new concept has been introduced. Now gain after indexation will be added to taxable income and taxed at per the tax slab. Base date for cost of acquisition has been changed to 1st April, 2000 instead of earlier 1st April, 1981. 14. Medical reimbursement : Max limit for medical reimbursements has been increased to 50,000 per year from current 15,000 limit. 15. Tax on dividends: Dividends will attract 5% tax.

15. Bad news for NRIs : As per the current laws, a NRI is liable to pay tax on global income if he is in India for a period more than 182 days in a financial year. But in new bill, this duration has been changed to just 60 days. This is very unfair to Seafarers. To avoid any income tax, an Indian sailor employed with a foreign ship will have to stay maximum for 60 days in India

INDIRECT TAXES :-
The fact that the Indian economy has been plagued with multiple indirect taxes leading to inefficiency, cascading impact of taxation and higher cost to consumer is a well-documented feature. Whilst the introduction of the Value Added Tax (VAT) to replace the state-level Sales Tax was a laudable initiative, the fact that separate laws govern sale of goods and sale of services (through the Services Tax Act) and the obvious loss to input credits whether goods are used as inputs in the service sector and vice-versa means that inefficiencies continue to prevail in the area of cascading indirect taxes. In the light of this, the introduction of the Goods and Services Tax (GST) concept is perhaps the most significant tax reform introduced in independent India. To the extent the GST concept aims to converge and harmonise all indirect taxes under one group and more importantly ensure availability of input tax credits against output tax credits in respect of inputs in the value chain, it is a welcome departure from the current system of multiple indirect taxes being levied on value chain of the business. The challenge which policy makers face under the GST concept is of course to refrain from incorporating too many exemption categories of goods or services as this would result in loss of input tax credits where a business is engaged in providing an exempt good or service

STRUCTURE OF GST

Keeping in view the report of the Joint Working Group on Goods and Service Tax, the views received from the States and Government of India, a dual GST structure with defined functions and responsibilities of the Centre and the States is recommended. Salient features of the proposed model are as follows:

1. The GST shall have two components:
One levied by the Centre (hereinafter referred to as Central GST), and the other levied by the States (hereinafter referred to as State GST). Rates for Central GST and State GST would be prescribed appropriately, reflecting revenue considerations and acceptability. This dual GST model would be implemented through multiple statutes (one for CGST and SGST statute for every State). However, the basic features of law such as chargeability, definition of taxable event and taxable person, measure of levy including valuation provisions, basis of classification etc. would be uniform across these statutes as far as practicable.

2. Coverage of all goods and services:
The Central GST and the State GST would be applicable to all transactions of goods and services made for consideration except the exempted goods and services (i.e. Petroleum products including crude, high–speed diesel and petrol) goods which are outside the purview of GST (i.e. purchase tax, octroi, stamp duty, toll tax, environment tax, road tax, levies in nature of user chargers and royalty for use of minerals) and the transactions which are below the prescribed threshold limits. 3. Input Credit:

Since the Central GST and State GST are to be treated separately, taxes paid against the Central GST shall be allowed to be taken as input tax credit (ITC) for the Central GST and could be utilized only against the payment of Central GST. The same principle will be applicable for the State GST. A taxpayer or exporter would have to maintain separate details in books of account for utilization or refund of credit. Further, the rules for taking and utilization of credit for the Central GST and the State GST would be aligned.

4. Cross utilization of Input Credit not allowed:
Cross utilization of Input Tax Credit between the Central GST and the State GST would not be allowed except in the case of inter-State supply of goods and services under the IGST model which is explained later.

5. Simplifying Administrative Structure:
The administration of the Central GST to the Centre and for State GST to the States would be given. This would imply that the Centre and the States would have concurrent jurisdiction for the entire value chain and for all taxpayers on the basis of thresholds for goods and services prescribed for the States and the Centre.

6. Threshold Limit:
After taking into consideration the interest of Small traders and small scale Industries and to avoid dual control, it has been decided that the threshold for Central GST for goods will be Rs. 1.5 Crores and threshold for services should also be appropriately high.

7. Rate of Tax:
It has been decided to adopt two-rate structure. A lower-rate for necessary items and items of basic importance and a standard rate for goods in general. There will be special rates for precious metals and list of exempted items.

8. Filing of GST Returns:
The taxpayer would need to submit periodical returns, in common format as far as possible, to both the Central GST authority and to the concerned State GST authorities.

9. Allotment of Identification Number under GST:
Each taxpayer would be allotted a PAN-linked taxpayer identification number with a total of 13/15 digits. This would bring the GST PAN-linked system in line with the prevailing PAN-based system for Income tax, facilitating data exchange and taxpayer compliance .

10. Scrutiny and Audit of GST:
Keeping in mind the need of tax payer's convenience, functions such as assessment, enforcement, scrutiny and audit would be undertaken by the authority which is collecting the tax, with information sharing between the Centre and the States.

11. Introduction of Concept of Dual GST

OBJECTIVES OF GST AND DTC

The envisaged introduction of the DTC and GST represents a major reform in Indian tax policy. The objective is to introduce greater certainty and transparency in regard to the incidence of taxes 1.For citizens in their diverse roles as producers, consumers and income earners. The DTC, a bold attempt to simplify the payment of direct taxes by bringing all of these underone code, would replace the current Income Tax Act, 1961 and the Wealth Tax Act, 1957. 2. The official target for enforcement, as of now, is April 2011. The DTC envisages major changes inthe classification of individuals, according to residential status, for tax purposes; computation ofcapital gains; tax deductions permissible for an individual; and treatment of loans. Though majorbenefits are being anticipated from the simplification of direct taxation, 3.The GST would be a tax which would be levied on purchase of goods and services at each levelof the supply chain such that the incidence is uniform across all levels. The objective would be to do away with differential taxation of goods and services and the currently prevailing multiplicityof indirect taxes and thus evolve a harmonised consumption tax system in the country. 4. Aims at collection of taxes by the states where goods and services are actually consumed. 5.Aimed at being ccomprehensive for most goods and services with minimum exemptions.

In view of the great potential benefits from the introduction of the DTC and GST and at the same time, the multiplicity of issues needing resolution through dialogue among stakeholders,

IMPACT OF GST:-

1.Food Industry:-

The application of GST to food items will have a significant impact on those who are living under subsistence level. But at the same time, a complete exemption for food items would drastically shink the tax base. Food includes grains and cereals, meat, fish and poultry, milk and dairy products, fruits and vegetables, candy and confectionary, snacks, prepared meals for home consumption , restaurant meals and beverages. Even if the food is within the the scope of GST, such sales would largely remain exempt due to small business registration threshold. Given the exemption of food from CENVAT and 4% VAT on food item, the GST under a single rate would lead to a doubling of tax burden on food.

2.Housing and Construction Industry

In India, construction and Housing sector need to be included in the GST tax base because construction sector is a significant contributor to the national economy.

3.FMCG Sector

Despite of the economic slowdown, India's Fast Moving Consumer Goods (FMCG) has grown consistently during the past three – four years reaching to $25 billion at retail sales in 2008. Implementation of proposed GST and opening of Foreign Direct Investment (F.D.I.) are expected to fuel the growth and raise industry's size to $95 Billion by 2018, according to a FICCI – Technopak Report. Implemtayion of GST will also help in uniform, simplified and single point Taxation and thereby reduced prices.

4.Rail Sector
There have been suggestions for including the rail sector under the GST umbrella to bring about significant tax gains and widen the tax net so as to keep overall GST rate low. This will have the added benefit of ensuring that all inter – state transportation of goods can be tracked through the proposed Information technology (IT) network .

5.Financial Services
In most of the countries GST is not charged on the financial services. Example, In NewZealand most of the services covered except financial services as GST. Under the service tax, India has followed the approach of bringing virtually all financial services within the ambit of tax where consideration for them is in the form of an explicit fee. GST also include financial services on the above gounds only.

6.Information Technology enabled services

To be in sync with the best International practices, domestic supply of software should also attract G.S.T. on the basis of mode of transaction. Hence if the software is transferred through electronic form, it should be considered as Intellactual Propertyand regarded as a service. And If the software is transmitted on media or any other tangible property, then it should be treated as goods and subject to G.S.T..

7.Impact on Small Enterprises

There will be three categories of Small Enterprises in the GST regime. Those below threshold need not register for the GST
1. Those between the threshold and composition turnovers will have the option to pay a turnover based tax or opt to join the GST regime. 2. Those below the threshold need not register for the GST. Those between threshold and composition turnovers will have the option to pay a turnover based tax or opt to join GST regime. Given the possibilities of input tax credit, not all small enterprises may seek the turnover tax option. 3. Those above threshold limit will need to be within framework of GST

Benefits of Dual GST:
The Dual GST is expected to be a simple and transparent tax with one or two CGST and SGST rates. The dual GST is expected to result in:- Reduction in the number of taxes at the Central and State level Decrease in effective tax rate for many goods

Removal of the current cascading effect of taxes
Reduction of transaction costs of the taxpayers through simplified tax compliance Increased tax collections due to wider tax base and better compliance

RESEARCH METHODOLOGY
PRIMARY SURVEY :-
Yes, I had about over 400 people responding into the survey. Across various levels, CEOs, heads of businesses, chief financial officers, heads of tax, additional head of tax, and the survey tends to cover Indian companies, multinational companies, and public sector undertakings. The survey reveals several positive aspects in relation to the survey. I think more than three-fourth of the people or super-majority feel that the law is simple, easy to understand, it will avoid litigation, which I tend to slightly disagree with because there are certain aspects in the law that could lead to litigation. Most of the aspects are positive. The other important aspect is reduction of rate of tax from 30% to 25% for corporates. This whole debate about tax incentives and continuity of tax incentives, I was pleasantly surprised to see that most people believe that the shift from profit-linked incentives into amortisation; writing of expenditure-linked incentives is a good move. I think the successive recommendations of the expert group for the last almost two decades have been adhered to in spirit so far as the new tax code is concerned. I think everybody seems to understand the fact that the compromise for reduction of tax rate to 25% is giving away all profit linked incentives, it is worthwhile. But I still feel that areas that are open with respect to grandfathering of tax incentives particularly to special economic zones, there would be industries that would still clamour for tax incentives. So, it is not coming out from the survey because everybody has responded to this survey. But you still have 20-25% of people who believe that there are negatives with respect to tax holidays, simplicity. The verdict is divided when it comes to capital markets’ impact. So, taking away the short-term, long-term distinction and bringing capital gains to normal rate of tax is also debatable. We have an equally divided house as far as that recommendation is concerned. Then finally, with respect to multinationals, they seem to be perturbed about the general anti-avoidance and are sceptical about the manner in which the tax administration will go about implementing those rules. Another important aspect is for the first time India has taken a very bold, and in my view, an unreasonable position that the domestic law will override the double tax treaty which I think goes against the cannons of international taxation. CONCLUSION OF SURVEY: The overall summary of the survey is that almost three-fourth of the people believe that it is a good step, it is a good initiative, the law is simple and the litigation will be less under the new code.

FINDINGS:-
1.the new tax code, code is a simple, leaner document. "It tends to carry out not just changes in the form in which you will want to look at the income tax code but important legislative changes as well."India has taken a very bold and unreasonable position that the domestic law will override the double tax treaty which goes against the cannons of international taxation. 2.the new code is simple. "It has gone a long way both on the corporate tax side and on the income tax side for consumers to move forward. It is a step in the right direction to actually reduce litigation and make it more transparent for all of us" 3.new tax code is a bit of a game changer. "It has come at the right time. It sort of treats domestic investment and foreign investment similarly. Some of the benefits that foreign investors would enjoy at one point in time from a tax perspective is sort of being rationalized in that sense. It puts more cash into people’s hand which will sort of result in increased spending, consumerism which will sort of have a casketing effect on the economy. It is actually quite ground breaking." 4.This is the most important pieces of legislations that we would have experienced in the recent past. It is a culmination of effort of three years that the government has put in to put a modern code in place, because the old code was onerous, complex, mired with all kinds of controversy and in my view had completely outlived its importance pretty much in the mid-90s. The new code is a simple, leaner document. I think it tends to carry out not just changes in the form in which you will want to look at the income tax code but important legislative changes as well. So, there are changes in the rates of tax with respect to individuals, with respect to corporates. There are changes that are necessitated by the evils of living in today’s world, general anti-avoidance rule. There are some very positive aspects as well particularly with respect to having an advanced pricing agreement, which will bring certainty on transfer pricing for multinational corporations. There are many more changes. I think it is difficult to summarise it. .

Conclusion
The enumeration of benefits casts a welcome setting for GST  Proving GST as a superior and sufficient system depends upon the structure it is designed into and the manner of implementation.  While it serves to be beneficial set up for the Industry and the Consumer, it would lead to increase in revenue to Government.

REFERENCES:-
MANAGEMENT PARADISE, 2010,WWW.MANAGEMENT PARADISE.COM/id=8445995001 CB7C7600723007. EMRALD INSIGHT, 2009,http://WWW.EMRALD INSIGHT.COM./search.htm/PHPSESSID=to a sm6plafdsu60lltom2q234&st1=GST&CT=all&go=GO Pankaj Batra 2010,HTTP://WWW.PANKAJBATRA.COM/INDIA/NEW-DIRECT-TAX-CODE-DTC HIGHLIGHTS#i*zz14lb87blw NAMITA-2010.http://www.articlesbase.com/law-articles/a-comparative-view-on-goods-and-services-tax-2608500.html

TAXMAN-2010.http://www.articlesbase.com/advertising-articles/goods-and-service-tax-a-consumption-based-destination-tax-1216717.html FRANK EGAN- 2010.http://www.articlesbase.com/law-articles/taxation-law-goods-and-services-tax-153961.html BUSSINESS LINE 2010.http://www.gstinindia.net

RAJAT MOHAN -2009./http://www.articlesbase.com/law-articles/white-paper-on-gst-1445615.html FRANK EGAN 2010.http://www.articlesbase.com/law-articles/taxation-law-goods-and-services-tax-153961.html http://www.gstinindia.net/

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