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Excise duty refers to the taxes levied on the manufacture of goods within the country, as opposed to
custom duty that is levied on goods coming from outside the country. Readers should note that GST has
now subsumed a number of indirect taxes including excise duty. This means excise duty, technically,
does not exist in India except on a few items such as liquor and petroleum. The information given below
pertains to the functioning of Excise Duty in India before the implementation of GST
Excise Duty is a form of indirect tax which is generally collected by a retailer or an intermediary from its
consumers and then paid to the government. Although this duty is payable on manufacture of goods, it is
usually payable when the goods are ‘removed’ from the place of production or from the warehouse for the
purpose of sale. There is no requirement for the actual sale of the goods for imposing the excise duty
because it is imposed on the manufacture of such goods. The Central Board of Excise and Customs
(CBEC) is responsible for collecting excise duty
In India, almost all products are subject to excise duty provided the following four conditions are
fulfilled:
The legal framework around Excise Duty is majorly governed by the two acts-
The two acts underline the laws related to the levying of excise duty that extends to the whole of India.
1. GOODS
For an item to be considered goods for the purpose of the levy of central excise duty, it must satisfy two
requirements:
1. Movability Goods must be movable. Duty cannot be levied on immovable property .Central excise
duty cannot imposed on plant and machinery
2. Marketability Goods must be marketable .The goods must be known in the market and must be capable
of being bought or sold
2. EXCISABLE GOODS For the liability of duty of central excise to arise, the item in question should
not only be goods it should also be excisable goods .A goods become excisable if and only if it is
mentioned in the Central Excise Tariff Act 1985.
3. GOODS MUST BE MANUFACTURED OR PRODUCED
Who is liable to pay? Since excise duty is levied on the manufacture of goods, the manufacturer of goods
should be liable to pay it to the government. According to the law, there are three parties which are liable
to pay the excise duty-
While excise duty is levied on goods produced or manufactured within the country, custom duty applies
to the goods that are sold in India but were produced in a different country. Excise duty is to be paid by
the manufacturer of the goods and not by the consumer. Custom duty is to be paid by the importer of the
goods.
Taxes are levied to ensure the smooth running of the public services in India. Excise duty is a part
of it.
Taxes can also be a tool to control the sale of a good, especially narcotic substances and alcohol.
The increase in tax amount of such products may have eventually lead to reduction of purchase
due to ill affordability.
Basic Excise Duty (CENVAT) – This is specified under section 31 of Central Excise Act, 1944. It is
applicable on all excisable goods at the rate specified in first schedule to Central Excise Tariff Act, 1985
Special Excise Duty (SED) – It is levied as a surcharge on Basic Excise Duty. Its objective is to generate
additional revenue for some specified object. It is applicable at the rates specified in schedule second to
Central Excise Tariff Act, 1985.
Additional Duty:- It is applicable under either additional duty of Excise Act, 1957 or additional duty of
Excise Act, 1978
National Calamity Contingent Duty (NCCD):- It is levied on items like cigarettes, bidi, pan masala or
other tobacco products. It is specified under Finance Act, 2001
Inter-state sale is when a sale or purchase constitutes movement of goods from one state to another.
Accordingly, consignments to agents or transfers of goods to branch or other offices is not a sale as per
the CSTAct
CST is payable in the state where the goods are sold and movement commences. The tax collected is
retained by the state in which the tax is collected. CST is administered by Sales Tax authorities of each
state. Thus, the State Government Sales Tax officer who assesses and collects local (state) sales tax also
assesses and collects CST.
Sales Tax is a tax, levied on the sale or purchase of goods. There are two kinds of Sales Tax i.e. Central
Sales Tax, imposed by the Centre and Sales Tax, imposed by each state.
INTER-STATE SALE
An inter-state sale takes place when a sale or purchase:
Example 2: “X” in Orissa delivers goods to “Y” in Calcutta. “Y” sells it to “C” in Delhi by transferring
the document of title during the goods movement from Orissa to Delhi.
Note: Goods that are sold within a state, but while transporting travel through another state is not
considered inter-state sales.
4. Specify the restriction and conditions to which state laws imposing taxes on the sale or purchase
of such goods of special importance shall be subject.
1. The sale should not take place in the course of import into or export from India.
2. There should be a Dealer and such dealer must be registered under the CST Act.
3. He should made a sale to any buyer (registered dealer or unregistered dealer)
4. He should carry on any business.
5. He should made a sale of any goods (declared or undeclared)
6. The sale should be made in the course of interstate trade or commerce (i.e. the sale should not be a
sale inside a state.
1. The CST Act becomes applicable and CST is levied at the Rate specified.
2. It is levied on Turnover, which in turn is computed on the basis of the sale price.
3. It is payable by the dealer who makes the sale in the course of interstate trade or commerce.
4. It is payable in respect of sale of goods effected by him during the year.
5. It is so payable to appropriate state in which the dealer has a place of business.
RATE OF CST
In an inter-state sale to a registered dealer against form C the rate of CST is 4% or local sales tax
rate whichever is lower.
If under the local sales tax law, sale or purchase is exempt from CST the CST is Nil.
In an inter-state sale to government against form D the rate of CST is 4% or local sales tax rate
whichever is lower.
Rate of CST in case of inter-state sale of declared goods without form C or D is twice the rate
of tax applicable to the local sale or purchase of such goods in that state.
Rate of CST in case of other goods (i.e. non-declared goods) is 10% or the applicable local sales
tax of that state, whichever is higher.
SERVICE TAX
Definition: Service tax is a tax levied by the government on service providers on certain service
transactions, but is actually borne by the customers. It is categorized under Indirect Tax and came into
existence under the Finance Act, 1994.
Description: In this case, the service provider pays the tax and recovers it from the customer. Service
Tax was earlier levied on a specified list of services, but in the 2012 budget, its scope was increased.
Services provided by air-conditioned restaurants and short term accommodation provided by hotels, inns,
etc. were also included in the list of services.
It is charged to the individual service providers on cash basis, and to companies on accrual basis. This tax
is payable only when the value of services provided in a financial year is more than Rs 10 lakh. This tax
is not applicable in the state of Jammu & Kashmir.
The salient features of levy of service tax are:
1. Scope: It is leviable on taxable services ‘provided’ or ‘to be provided’ by a service provider. The
services ‘to be provided’ in future are taxed only if payment in its respect is received in advance.
2. Rate: It is leviable @ 12% of the value of taxable services. Education Cess @ 2% and Secondary and
Higher Education Cess @ 1 % are chargeable on the amount of service tax, thus, making the effective rate
of service tax at 12.36% of the value of taxable service.
Update: While presenting the Budget 2015, the FM had increased the Service Tax Rate from 12.36% to
14%. This new rate of Service Tax @ 14% was applicable from 1st June 2015. Moreover from 15th Nov
2015, Swachh Bharat Cess @ 0.5% also got applicable. Budget 2016 has proposed to impose a Cess,
called the Krishi Kalyan Cess, @ 0.5% on all taxable services. The new effective service tax rate in India
could henceforth be 15%.
3. Taxable services: Service tax is leviable only on the taxable services. Taxable services mean the
services taxable under section 65(105) of the Finance Act, 1994.
4. Value: For the levy of the service tax, the value shall be computed in accordance with section 67 read
with Service Tax (Determination of Value) Rules, 2006.
5. Free services not taxable: No service tax is leviable upon the services provided free of cost.
6. Payment of service tax: The person providing the service (i.e. the service provider) has to pay service
tax in such manner and within such period as is prescribed in the Service Tax Rules, 1994. The service
tax is to be paid only on the receipt of payment towards the value of taxable services.
8. CENVAT credit: The credit of service tax and excise duty across goods and services is allowable in
accordance with the CENVAT Credit Rules, 2004. Accordingly, output service provider (i.e. provider of
any taxable service) can avail credit not only of the service tax paid on any input service consumed for
rendering any output service but also of the excise duty paid on any inputs and capital goods used for
rendering output service. CENVAT credit so availed can be utilized for payment of service tax on taxable
output service.
[Explanation to Sec. 65] : ‘Taxable service’ includes any taxable service provided or to be provided
by any unincorporated association or body of persons to a member thereof, for cash, deferred
payment or any other valuable consideration. Hence, the services (falling under any category of taxable
service) provided or to be provided by any unincorporated association/body to member thereof shall be
liable to service tax. This provision is an exception to the ‘principle of mutuality’.
11. Import/Export of services: While import of services is chargeable to tax u/s 66A, the export of
services has been made exempt from tax. Import/export provisions are discussed separately.
EFFECT OF GST ON LOGISTICS AND SUPPLY CHAIN BUSINESS / INDUSTRY
Introduction to GST:-
CGST Act 2017: GST (Goods and Services Tax) or CGST (Central Goods and Services Tax) was
introduced as The Constitution (One Hundred and Twenty Second Amendment) Act 2017, following the
passage of Constitution 122nd Amendment Bill. CGST bill was introduced in Lok sabha on 23rd March
2017. Later on 12th April 2017 Dr.Pranab Mukherjee the then President of India gave the consent to the
bill. GST is an indirect tax throughout India to replace taxes levied by State and Central government of
India on goods and services. It is a uniform indirect tax removing all the other taxes levied at different
stages bringing uniformity in the tax system.
Background of logistics
Logistics can be defined as the planning, execution and control of the procurement, movement,
stationing of personnel, material and other resources to achieve the objectives of a campaign, plan,
project, or strategy. It may also be stated as the “management of inventory in motion and at rest.”
Logistics is considered as the backbone of the manufacturing and trading activities in the Indian
economy. It plays a crucial role in developing countries where consumption is reaching a peak and
demands are ever-increasing. A well developed and organized logistics industry will leapfrog the
“Make in India” initiative taken by the Modi Government to its required position.
Simplifying it, logistics can be considered as the transport of goods from its point of origin to its
point of consumption i.e. to the end user. A well planned and well organized logistics will ensure
delivery of right items at the right time to the right destination in a proper condition to the right
consumer. Everything goes for a toss if any of this is not met properly. The stakes remain high for
both consumer and supplier.
Indian logistics is expected to grow at a CAGR of 8.6 percent between the year 2015 and 2020,
which grew at a rate of 9.7 percent during 2010-2015.
Transportation and communication accounted for 7.0 percent of the nation’s Gross Domestic Product
(GDP) in the year 2015, accounting for around US $130.44 billion.
Drawbacks of the present logistic industry:-
The present logistic industry is fragmented and under- developed. Due to this, the logistic costs are
relatively and adding on to the causes are:-
On the whole, the Indian logistic industry is not as efficient as it is expected to be which causes delay
in the transportation of goods and services.
The implementation of the goods and services tax (GST) ushered in much-needed reforms in India’s
largely unorganized logistics and transport sector, and helped speed up movement of trucks,
according to industry executives. Transporters and logistics players said the switch to GST led to at
least 20% reduction in turnaround time of trucks after border check posts were dismantled. Besides,
they said, implementation of the e-way bill on consignments of Rs 50,000 and above was gradually
freeing them from unnecessary checking by the state government raid parties.
With the implementation of the Goods and Services Tax (GST) from 01 July 2017, business units
across the country are beginning to feel its impact. Since the GST has subsumed all other taxes, such
as service tax, VAT, Octroi, excise duty etc. collected by the central and state governments in India,
the reforms are extensive. Their impact too is comprehensive and is expected to continue well into
the future.
Like all other industries in India, GST impact on logistics and supply chain will also bring some
major changes in the way these domains operate, as well as their bookkeeping activities. Logistics is
a small but major part of supply chain management that concerns the administration of goods
distribution in an efficient manner.
The logistics industry includes the road transport sector (comprising unorganized and small
enterprises, trucking companies and other fleets), the storage and warehousing domain and the third-
party logistics. The operational efficiency of this industry had been falling due to the complexity of
networks, growing coordination costs across supply chains, inadequate infrastructure and the levying
of entry fee in different states. In addition to these, the multitude of business taxes was making
logistics management an unwieldy and expensive process.
Most firms had to establish hubs and transit points in several states to avoid the state value added tax
(VAT) because the goods directly supplied to dealers were taxed as per the VAT rate, but the transfer
from the warehouse was treated as a stock transfer and did not attract VAT. However, this only
caused more problems in accounting and lack of clarity for companies, while also resulting in
opportunities for tax evasion.
GST for logistics companies
With GST now having replaced the multiple state taxes, there is no longer the long-prevalent need to
install a hub across all states. Companies can remodel their supply chains and consolidate their hub
operations to benefit from large-scale operations. It will also help them to use efficient practices like
bulk breaking and cross-docking through a centralised location.
Under GST, the tax on warehouse and services involving manual labour has increased to 18% from
the previous tax rate of 15%. With this change, a third-party Logistics Company will have greater
incentive to provide services where the degree of value addition is high and where input tax credit
can be claimed. This, in turn, will help in the consolidation of storage and warehouse sector.
With the convenience of entry across states by measures like the e-way bill, transportation delays
will be reduced, although it will also call for streamlined IT systems and readily usable
documentation at the entry points. For the third-party logistics companies, the costs of designing a
logistics network will be less, and asset-light firms will be able to adapt quickly and reap more
advantages in comparison to asset-heavy firms.
Impact of GST on supply chain
Before we look at the GST impact on supply chain, it must be understood that supply chain
management is vital for the running of business organizations producing and distributing
merchandise. Each business has standards for inventory turnaround, and these must be diligently
adhered to in order to ensure optimum profit for the organization. A loss of inventory at any point
will result in a loss of value.
Post the implementation of GST, the benefits accrued by entities in supply chain management
mechanism include:
Customisation of supply chain – Under GST, manufacturers can shift towards tailored supply chain
models as per customer requirements. The removal of stock transfer benefits can help in increasing
the share of direct dispatches for medium and large-sized dealerships.
Superior inventory management – After the elimination of multiple state-level taxes in lieu of a
uniform GST rate, the stock points have been optimized and channel inventories reduced. There will
be fewer transit stays after GST, which will help in advancing lead times while also reducing
inventory levels at stocking points. With more potential for consolidation, warehouse management
can also become more efficient.
Tangential decrease in incoming logistics costs – An impact of GST on supply chain will also be
seen in the form of tangential benefits for direct out-of-state procurements and logistics costs. This
can help manufacturers to expand their vendor base outside state boundaries and alter the sourcing
models profitably.
Cash flow management for export businesses – Due to GST, tax exclusion benefits will continue
with minimum effect on the bottom line, and a streamlined tax system will help in promoting more
exports.
Modified after-sales distribution models- Implementation of GST can significantly affect the spares
market due to an increased need for storage and retail penetration. Forward-looking businesses can
develop their distribution footprint to retreat from consignment stocking, and enable customized
supply chain models while also offering high-quality service at lower costs.
Overall, the logistics and supply chain management industry has been touted as one of the primary
beneficiaries of GST structure. To begin with, there will be more compliance and adjustment costs
because the frequency of filing returns has increased for businesses. Further, to claim the input tax
credit, compliance will be expected from every single party across the value chain. This may hurt the
profitability of the industry in the short run, but in the long run, operational efficiency is bound to
enhance.
Bigger warehouses and end market driven logistics planning is likely to result in meaningful costs
savings over time. On account of entry taxes and heavy paper work at state check posts, there is an
additional 5-7 hours added to the transit time for inter-state transport of goods. Abolishment of entry
tax and easier tax compliance procedures is likely result in easier movement of goods across the
country.
FORWARD INTEGRATION:
As these companies gather scale, that will enable them to offer services at lower costs. As a result,
companies for whom transportation is not a core part of their business will increasingly outsource
their logistics operations to third party logistics (3PL) and fourth party logistics (4PL) service
providers.
SINGLE RATE:
Standard tax rates will allow corporations to move away from the practice of building a warehouse in
different states to adhere to each state’s tax code. A big packaged consumer goods company could
thus make do with one large mother warehouse at critical points in the country and employ logistics
companies to manage distribution and supply chains
2. Implementation of GST will give the control to the Indian Government to exercise tax duties
bringing down the expenses within the system; will also deduct unaccounted part of the
economy thereby increasing the Government resources.
3. This will enhance the competitive spirit in the Indian economy to match with the levels of
developed nation’s economy within the global economic system.
4. This will also increase the funds and hence can be used for the development of the nation.