Introduction
Goods and Services Tax (GST) is a comprehensive indirect tax imposed on the supply of goods and services in India. It replaced several central and state indirect taxes and came into force on 1 July 2017. GST aims to create a single, unified national market, reduce cascading of taxes, and simplify the indirect tax system.
Meaning of GST
GST is a destination-based tax on consumption. Tax is ultimately borne by the final consumer, while businesses collect and remit it to the government.
GST follows the principle of Input Tax Credit (ITC), under which a registered taxpayer can generally claim credit for GST paid on eligible inputs against GST payable on outward supplies. This helps prevent the cascading effect of taxes, or "tax on tax."
Constitutional Framework
The introduction of GST required major constitutional changes through the Constitution (One Hundred and First Amendment) Act, 2016.
Article 246A — Power to make GST laws
Article 246A gives Parliament and State Legislatures the power to make laws relating to GST.
However, Parliament has exclusive power to make laws concerning GST on supplies taking place in the course of inter-State trade or commerce.
Article 269A — Inter-State GST
Article 269A provides that GST on supplies in the course of inter-State trade or commerce is levied and collected by the Government of India and apportioned between the Union and the States.
This forms the constitutional basis for Integrated GST (IGST).
Article 279A — GST Council
Article 279A establishes the GST Council, a constitutional body responsible for making recommendations on important GST matters.
The Council includes:
- The Union Finance Minister as Chairperson.
- The Union Minister of State in charge of Revenue or Finance.
- The Finance/Taxation Minister or another nominated minister from each State.
The GST Council recommends matters such as tax rates, exemptions, model GST laws, threshold limits and principles relating to place of supply.
GST Laws and Regulatory Framework
The principal legislation includes:
- Central Goods and Services Tax Act, 2017 (CGST Act) – governs intra-State supplies from the Central government's perspective.
- State/Union Territory GST Acts – govern the State/UT component of GST.
- Integrated Goods and Services Tax Act, 2017 (IGST Act) – governs inter-State supplies and imports.
- GST (Compensation to States) Act, 2017 – provided for compensation to States for revenue loss arising from GST implementation during the specified compensation period.
The Central Goods and Services Tax Rules, 2017 and corresponding rules made by States provide detailed procedures relating to registration, invoicing, returns, input tax credit and assessment.
Types of GST
India follows a dual GST model:
- CGST: Collected by the Central Government on intra-State supplies.
- SGST: Collected by the State Government on intra-State supplies.
- UTGST: Levied in Union Territories without a legislature.
- IGST: Levied on inter-State supplies and imports and administered by the Centre, with revenue apportioned as constitutionally provided.
Regulatory Institutions
The principal institutions involved in GST administration include the GST Council, Central Board of Indirect Taxes and Customs (CBIC), and State/UT tax authorities. The GST Council provides the key policy framework, while tax authorities administer and enforce GST laws.
Conclusion
GST represents a major reform of India's indirect taxation system. Its constitutional foundation, particularly Articles 246A, 269A and 279A, establishes a cooperative framework between the Union and the States. Through the dual GST structure, input tax credit mechanism and GST Council, the system seeks to create a more transparent, integrated and efficient indirect tax regime in India.