Ans. IGST shall be levied and collected by Centre on
inter-state supplies. IGST would be broadly CGST plus
SGST and shall be levied on all inter-State taxable
supplies of goods and services. The inter-State seller will
pay IGST on value addition after adjusting available
credit of IGST, CGST, and SGST on his purchases. The
Exporting State will transfer to the Centre the credit
of SGST used in payment of IGST. The Importing dealer
will claim credit of IGST while discharging his output
tax liability in his own State. The Centre will transfer to
the importing State the credit of IGST used in payment
of SGST. The relevant information is also submitted to
the Central Agency which will act as a clearing house
mechanism, verify the claims and inform the respective
governments to transfer the funds.
Q 4. What are the salient features of the draft IGST
Law?
Ans. The draft IGST law contains 33 sections divided into
11 Chapters. The draft, inter alia, sets out the rules for
determination of the place of supply of goods. Where the
supply involves movement of goods, the place of supply shall
be the location of goods at the time at which the movement
of goods terminates for delivery to the recipient. Where the
supply does not involve movement of goods, the place of
supply shall be the location of such goods at the time of
delivery to the recipient. In the case of goods assembled
or installed at site, the place of supply shall be the place of
such installation or assembly. Finally, where the goods are
supplied on board a conveyance, the place of supply shall
be the location at which such goods are taken on board.
Q 5. What are the advantages of IGST Model?
Ans. The major advantages of IGST Model are:
a. Maintenance of uninterrupted ITC chain on
inter-State transactions;
b. No upfront payment of tax or substantial
blockage of funds for the inter-State seller or
buyer;
c. No refund claim in exporting State, as ITC is
used up while paying the tax;
d. Self-monitoring model;
e. Ensures tax neutrality while keeping the tax
regime simple;
f. Simple accounting with no additional
compliance burden on the taxpayer;
g. Would facilitate in ensuring high level of
compliance and thus higher collection efficiency.
Model can handle ‘Business to Business’ as well
as ‘Business to Consumer’ transactions.
Q 6. How will imports/exports be taxed under
GST?
Ans. All imports/exports will be deemed as inter-state
supplies for the purposes of levy of GST (IGST). The
incidence of tax will follow the destination principle and
the tax revenue in case of SGST will accrue to the State
where the imported goods and services are consumed. Full
and complete set-off will be available as ITC of the IGST
paid on import on goods and services. (Section 2(c) of the
IGST Act).
Q 7. IGST Act is very small with very few definitions
and major part catering to settlement commissioner.
Whether provisions in CGST or SGST Act will apply to
IGST Act?
Ans. Yes, Section 27 of the IGST Act provides that various
provisions as mentioned therein shall apply under IGST Act
as they apply in relation to levy under the CGST Act.
Q 8. How will the IGST be paid?
Ans. The IGST payment can be done utilizing ITC or by
cash. However, the use of ITC for payment of IGST will be
done using the following hierarchy,-
o First available ITC of IGST shall be used for
payment of IGST;
o Once ITC of IGST is exhausted, the ITC of
CGST shall be used for payment of IGST;
o If both ITC of IGST and ITC of CGST are
exhausted, then only the dealer would be
permitted to use ITC of SGST for payment of
IGST.
Remaining IGST liability, if any, shall be discharged using
payment in cash. GST System will ensure maintenance of
this hierarchy for payment of IGST using the credit.
Q 9. How will the settlement between Centre,
exporting state and importing state be done?
Ans. There would be settlement of account between the
centre and the states on two counts, which are as follows-
• Centre and the exporting state: The exporting
state shall pay the amount equal to the ITC of
SGST used by the supplier in the exporting state
to the Centre.
• Centre and the importing state: The centre
shall pay the amount equal to the ITC of IGST
used by a dealer for payment of SGST on
intra- state supplies.
The settlement would be on cumulative basis for a state
taking into account the details furnished by all the dealer in
the settlement period. Similar settlement of amount would
also be undertaken between CGST and IGST account.