CS Executive · Tax Laws and Practice
Basics of Goods and Services Tax: formula sheet
Key formulas
- Basic GST chain rule
- Net GST payable = Output tax − Input tax credit
- Each supplier pays only on the value it adds. The credit mechanism is what removes cascading.
- Direct vs indirect tax test
- Direct: impact and incidence on the same person. Indirect: impact on the supplier, incidence on the consumer.
- Use this one line to answer any 'difference' question.
- Dual GST structure
- Intra-State supply: CGST + SGST/UTGST. Inter-State supply: IGST.
- Both Centre and States tax the same supply under the dual model.
- Destination principle
- Tax accrues to the State or place of consumption
- This is the opposite of an origin-based tax, where the producing State gets the revenue.
- Intra-State supply
- GST = CGST + SGST (or UTGST in a Union territory)
- Both are normally charged at equal rates. The Centre collects CGST and the State or UT collects SGST/UTGST.
- Inter-State supply
- GST = IGST
- Levied by the Centre. Under Article 246A(2), Parliament has exclusive power to make laws on GST where the supply takes place in the course of inter-State trade or commerce.
- Article 246A
- Parliament and State Legislatures have power to make laws on GST
- Inserted by the 101st Amendment. Under Article 246A(2), Parliament alone makes law on GST for supplies in the course of inter-State trade or commerce.
- Article 279A
- GST Council = Union Finance Minister (Chairperson) + Union Minister of State in charge of Revenue or Finance + State Ministers in charge of Finance or Taxation
- Council recommends on rates, exemptions, thresholds, model laws, special provisions for some States. Its recommendations are the basis for notifications.
- Registration threshold (section 22(1))
- Aggregate turnover above ₹20 lakh in a financial year; ₹10 lakh for special category States
- Government may enhance on Council recommendation: special category States up to ₹20 lakh; goods-only suppliers up to ₹40 lakh, as notified.
- National Appellate Authority (section 101A)
- President + Technical Member (Centre) + Technical Member (State)
- Constituted by the Government, on the Council's recommendation, by notification with effect from the date specified in it, to hear appeals under section 101B. The President is a person who has been a Supreme Court Judge, or is or has been a High Court Chief Justice, or is or has been a High Court Judge for not less than five years. President's term: three years or till age 70, whichever is earlier. Technical Members: five years or till age 65, whichever is earlier.
- Condition (a): general practice
- A practice was, or is, generally prevalent regarding levy of central tax (including non-levy) on any supply of goods or services or both
- The practice must be general, not one taxpayer's own view. Non-levy also counts as a practice.
- Condition (b): supplies actually liable
- Supplies were, or are, liable to (i) central tax where none was levied, or (ii) a higher amount than what was levied under the practice
- This covers both non-levy and short-levy.
- Procedure
- Government satisfied + Council's recommendation + notification in the Official Gazette
- All three are needed before relief operates.
- Effect of notification
- Whole tax (non-levy) or the excess tax (short-levy) need not be paid on those supplies
- Relief is limited to supplies in accordance with the practice.
- Parallel provision
- Section 6A of the IGST Act, 2017 for integrated tax
- Same wording, with integrated tax in place of central tax.
- Who decides eligibility and approval
- Section 48(1): approval, eligibility, duties, obligations, removal and other conditions = as prescribed
- The Act delegates the details to the rules. Do not cite a section of the Act for qualifications.
- Functions a registered person may authorise
- Section 48(2): outward supplies details (section 37) + returns (section 39, 44 or 45) + other prescribed functions
- The authorisation is by the registered person, and the practitioner must be approved.
- Responsibility for correctness
- Section 48(3): responsibility stays with the registered person, notwithstanding section 48(2)
- Applies to the return and to other details filed by the practitioner.
- Change made to the section
- Inward supplies under section 38 omitted w.e.f. 1-10-2022; 'other functions' inserted w.e.f. 1-2-2019
- Useful to show updated knowledge; do not list section 38 as a current function.
- Who may be rated
- Section 149(1): every registered person may be assigned a GST compliance rating score by the Government
- Applies to registered persons only. The word 'may' makes it a power, not a duty.
- Basis of the score
- Record of compliance with the provisions of the CGST Act (section 149(1)); parameters as may be prescribed (section 149(2))
- The Act does not list the parameters. They are prescribed.
- Updating and publication
- Section 149(3): updated at periodic intervals, intimated to the registered person, placed in the public domain in the prescribed manner
- Remember the three actions: update, intimate, publish.
Quick revision
- GST is a destination-based tax with a dual model: Centre and States both levy on the same supply.
- Section 11A CGST and section 6A IGST are parallel provisions on general practice.
- Under general practice, the Government must be satisfied that a practice was or is generally prevalent on levy, including non-levy.
- The supplies must have been liable to tax, or to a higher tax than was levied under the practice.
- Relief comes by notification in the Official Gazette, on the recommendation of the Council.
- Sections 11A and 6A were inserted with effect from 1 November 2024.
- Section 48: approval, eligibility, duties and removal of practitioners are as prescribed.
- A practitioner may furnish outward supply details under section 37 and returns under section 39, 44 or 45, and other prescribed functions.
- Under section 48(3), responsibility for correctness of returns stays with the registered person.
- Section 116 lets a person appear through an authorised representative, except where personal appearance on oath or affirmation is required.
- A person dismissed from Government service or convicted of a related offence is permanently disqualified from representing under section 116.
- Section 149: every registered person may be assigned a compliance rating score, based on prescribed parameters and placed in the public domain.
Common mistakes
- Saying GST is paid by the supplier as the final burden. Fix: State that the supplier collects and pays it, but the final consumer bears it. That is the nature of an indirect tax.
- Calling GST an origin-based tax. Fix: Write that GST is destination-based: the tax goes to the place of consumption.
- Saying only the Centre or only the States levy GST. Fix: Write that both levy GST concurrently on the same supply under the dual model, with IGST on inter-State supply levied by the Centre.
- Mixing up Article 246A and Article 279A. Fix: Remember 246A = power to legislate; 279A = GST Council.
- Saying relief applies automatically once a practice exists. Fix: Always state that the Government must notify the relief, on the Council's recommendation, in the Official Gazette.
- Treating section 11A as covering only non-levy. Fix: Remember both limbs: non-levy (whole tax) and short-levy (the excess over what was levied).
- Saying the practitioner is liable for errors in the return. Fix: Quote section 48(3). The responsibility for correctness continues to rest with the registered person.
- Listing inward supply details under section 38 as a function of a practitioner. Fix: Remember that those words were omitted with effect from 1 October 2022. Mention only section 37 and returns under sections 39, 44 and 45, plus other prescribed functions.
- Saying every person in India is given a compliance rating. Fix: Write that only a registered person may be assigned a score under section 149(1).
- Writing that the Government must rate every registered person. Fix: Say the Government may assign the score. The section confers a power.
Exam tips
- Answer 'why GST' questions in a fixed order: old structure, problems, GST solution, benefits, conclusion.
- Always add a one-line example of cascading. It shows understanding and earns marks.
- Mention the dual model and the three components CGST, SGST/UTGST and IGST even if the question only asks about features.
- Use short numbered points. Examiners in descriptive papers reward clear structure over long paragraphs.
- Keep the introduction brief and save your time for later GST topics such as supply, credit and returns.
- In theory answers, begin with the constitutional source: 101st Amendment, then Article 246A, then Article 279A.
- Learn the Council's composition as a short list. Examiners often ask for it in a few lines.
- Use a short table-like list in your answer sheet: tax, who levies, when it applies.