Taxation Structure in India Flashcards

1
Q

Indian Tax System Comprises of

A

The taxation system in India comprises a three-fold federal structure (it refers to relations between the Centre and the States of the Union of India), which includes the following.

  1. The Union Government
  2. The State Government
  3. The Local Bodies
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2
Q

Taxes that are levied by Indian Government, State Government and Local Bodies

A

❖ Taxes that are levied by the Indian Government: -
Income Tax, Central Excise Duty (tax imposed on goods for their production, licensing and sale like alcohol), Customs Duty, Sales Tax and Service Tax.

❖ Taxes that are levied by the State Government: -
Entertainment Duty(on films), Land Revenue, Profession Tax, Sales Tax, Stamp Duty and Excise Tax.

❖ Taxes that are levied by the local bodies: - Consumption Tax (tax levied on consumption spending on goods and services), Octroi Tax (Tax by Local bodies on certain categories of goods on entry in state) and Property Tax

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3
Q

Types of taxation based on determination of rate of tax

A

Progressive tax

proportional tax

regressive tax

degressive tax

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4
Q

What is Progressive tax

A

When the rate of tax increases along with the increase in income, then such taxation is called ‘progressive taxation’.

● It is considered the best way of redistributing income in a country.

● Under this taxation, rich people pay more tax and poor or low income people pay less.

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5
Q

What is Proportional tax

A

When no matter how much the income increases but there is no change in the rate of tax, it is called ‘proportional taxation’.

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6
Q

What is regressive tax

A

When the rate of tax is reduced with increase in income, it is called ‘regressive taxation’.

This type of taxation system is imposed equally on all income groups, that is why the regressive tax system is also called ‘indirect tax system’.

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7
Q

What is degressive tax

A

When the tax rate increases with the increase in income up to a certain limit, but becomes constant after that limit, it is called ‘regressive taxation’.

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8
Q

What is Laffer Curve

A

It was propounded by the economist Arthur Laffer.

● This curve shows the negative relationship between tax rate and tax revenue.

● According to this curve, if the tax rate is increased after a point, then the tax revenue starts decreasing, on the contrary, if the tax rate is decreased, then the tax revenue increases.

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9
Q

What are type of tax divided in India

A

Direct tax :-
Income
corporate tax
wealth tax
capital gain tax
securities transaction tax

Indirect tax :-
GST
custom duty
excise duty
central sales tax

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10
Q

What is Income tax

A

❖ To fill the treasury, the first Income-tax Act was introduced in February 1860 by Sir James Wilson (British India’s first finance minister). He is known as father of Income Tax in India
.
❖ Father of Tax Reforms of India is known as Raja Chelliah.

❖ Income tax is levied on the income of individuals, Hindu undivided families, unregistered firms and other associations of people.

❖ In India, the nature of income tax is progressive.

❖ For taxation purposes income from all sources is added and taxed as per the income tax slabs of the individual.

● Current income-tax law is governed by the 1961 act, which has 298 sections and four schedules.

● Political parties in India are eligible for 100% tax exemption on all income sources as per Section 13A of the Income Tax Act.

● Agricultural income is not taxable under Section 10 (1) of the Income Tax Act as it is not counted as a part of an individual’s total income.

● Form 16 is a document that contains all details required to file the income tax returns.

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11
Q

What is Corporate Tax

A

❖ The income-tax paid by domestic companies, and foreign companies on their income in India is corporate income-tax (CIT). The CIT is at a specific rate as prescribed by the income tax act subject to the changes in the rates in the union budget every year.

❖ Rate of tax is different for domestic and foreign companies.

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12
Q

What is Capital Gain Tax

A

● Any profit or gain that arises from the sale of a ‘capital asset’ is a capital gain.

● This gain or profit comes under the category of ‘income’.

● Hence, the capital gain tax will be required to be paid for that amount in the year in which the transfer of the capital asset takes place.

● It is of two types – long term capital gain and short term capital gain

● When the asset is sold after more than 3 years it is called ‘Long Term Capital Gain’ whereas if it is sold in less than 3 years it is called ‘Short Term Capital Gain’.

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13
Q

What is Indirect Tax

A

Indirect taxes are those taxes which can be shifted by the taxpayers on others.

● If the central government increases the rate of service tax on various services, then the seller passes on this increase to the end consumer of the service.

● GST, Anti Dumping Duty, Custom Duty, Excise Duty, Sales Tax are the example of Indirect tax.

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14
Q

What is GST

A

Goods and Services Tax (GST) is an indirect tax imposed on manufacture, sale, and consumption of goods and services all over India.

● GST has been added to the constitution under
the 101st Constitutional Amendment Act 2016.

● GST was implemented from July 1, 2017, and thereafter became the biggest tax reform in the country.

● The first country to impose GST was France in 1954.

● Since then, more than 140 countries have implemented the GST.

● Genesis of GST occurred during the previous NDA Government under Atal Bihari Vajpayee when it set up the Asim Dasgupta Committee to design a model for GST.

● GST is levied at four rates viz. 5%, 12%, 18% and 28%.

● The schedule or list of items that would fall under these multiple slabs are worked out by the GST council.

● GST, which subsumed almost all domestic indirect taxes (Petroleum, Alcoholic beverages and stamp duty are the major exceptions) under one head, is perhaps the biggest tax reform in the history of independent India.

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15
Q

What is GST Council

A

The GST Council was established on 12 September 2016.

● To implement GST, the Constitutional (122nd Amendment) Bill was passed by both the Houses of the Parliament in 2016.

● The GST Council has been notified as a constitutional body to deal with issues related to GST.

● The Finance Minister of India is the chairman of the GST Council.

● It is a joint forum of the Center and the States, which was established by the President in accordance with Article 279A (1) of the amended Constitution.

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16
Q

How many types of GST name them

A

There are four GST types mainly
SGST (State Goods and Service tax)

CGST (Central Goods and Service Tax)

IGST (Integrated Goods and Service Tax)

UTGST ( Union Territory Goods and Service Tax)

17
Q

What is State Goods and Service Tax

A

● SGST is levied by the state government on intra-state goods and service transactions.

● The revenue collected through State Goods and Service Tax is earned by the state government where the transaction is made. SGST subsumes earlier taxes such as VAT, entertainment tax, luxury tax, octroi, tax on lottery and purchase tax

18
Q

What is Central Goods and service Tax

A

● CGST is levied by the central government on intra-state goods and service transactions.

● The central government collects the revenue generated through central Goods and service Tax.

● It is levied along with SGST or UGST and revenues are shared between the state and the center

19
Q

What is Integrated Goods and Service Tax

A

● Integrated Goods and Service tax is the tax levied on inter state goods and service transactions.

● It is applicable on imports and exports as well.

● Under 1655, the taxes charged are shared by both the center and state. The soft part of the tax goes to the state wherein the goods and services are consumed.

20
Q

What is union territory Goods and service tax

A

● Union Territory Goods and Service Tax is an indirect tax that is collected when intra-state goods or services are supplied, along with tax charged as under CGST ACT, 2017.

● Generally, intra-state supply is treated where the location of the supplier and the place of supply of goods or services are in the same Union Territory.

● Under GSTIN (Goods and Services Tax Identification Number), a service tax registration number by the Central is given to each and every service Board of Excise and Custom (CBEC) provider.

● All the service providers are under the same format number which consist of 16 digits.

21
Q

Which Taxes are Replaced by GST

A

● GST replaces almost all vital indirect taxes and cesses on goods
and services in the country.

Among the taxes levied by center, GST will subsume the following
● Excise duty
● Additional Duties of Customs (commonly known as CVD)
● Additional Duties of Excise (Goods of Special Importance)
● Central Excise duty & Service Tax
● Special Additional Duty of Customs (SAD)
● Additional Duties of Excise (Textiles and Textile Products)
● Central Surcharges and Cesses so far as they relate to supply of goods and services.

Among the state taxes that would be replaced by GST include:
● State VAT
● Central Sales Tax
● Luxury Tax
● Entry Tax (all forms)
● Entertainment and Amusement Tax (except when levied by the local bodies)
● Taxes on advertisements
● Purchase Tax
● Taxes on lotteries, betting and gambling
● State Surcharges and CESSes so far as they relate to supply of goods and services

22
Q

What is Excise Duty

A

● Excise duty refers to the taxes levied on the manufacture of goods within the country.

● It 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.

23
Q

What is the customs Duty

A

● Customs Duty refers to the tax that is imposed on the transportation of goods across international borders.

● It is a kind of indirect tax that is levied by the government on the imports and exports of goods. Companies that are into the export-import business need to abide by these regulations and pay the customs duty as required

24
Q

What is Pigouvian tax

A

● A Pigouvian tax is a tax on any market activity that generates negative impacts on the environment or society.

● The intention of this tax is to correct an undesirable or inefficient market outcome.

● A carbon tax is a tax levied on the carbon content of goods and services.

25
Q

What is Dumping

What is Anti Dumping Duty

A

Dumping is a process where a company exports a product at a price lower than the price it normally charges in its own home
market.

● This is an unfair trade practice which can have a distortive effect on international trade.

● An anti-dumping duty is a protectionist tariff that a domestic government imposes on foreign imports that it believes are priced below fair market value.

● Thus, the purpose of anti-dumping duty is to rectify the trade distortive effect of dumping and re-establish fair trade

26
Q

What is Counter-vailing duties

A

● Countervailing duties (CVDs) are levied on imported goods to compensate for subsidies given to producers of these goods in the exporting country

● The objective of CVD is to provide a level playing field between domestic producers of a product and foreign producers of the same product who can sell it at a lower price due to subsidies received from their governments.

● CVD helps to overcome the negative impact on producers of the same commodity due to foreign competition.

27
Q

What is CESS tax

A

● It is a form of tax levied by the government for the development or welfare of a particular service or sector.

● It is charged above direct and indirect taxes.

● Cess collected for a particular purpose cannot be diverted to other purposes.

● It is not a permanent source of revenue for the government, and it is discontinued when the purpose of levying it is fulfilled.

● Currently, the cess and surcharge collected by the Centre.

● Examples: Education Cess, Swachh Bharat Cess

28
Q

What is surcharge

A

● Surcharge is an additional charge or tax levied on an existing tax.

● Unlike a cess, which is meant to raise revenue for a temporary need, surcharge is usually permanent in nature.

● It is levied as a percentage on the income tax payable as per
normal rates.

● The revenue earned via surcharge is solely retained by the Centre and, unlike other tax revenues, is not shared with States.

● Collections from surcharge flow into the Consolidated Fund of India.

29
Q

What is Tax evasion

A

● Tax evasion is an illegal action in which an individual or company to avoid paying tax liability.

● In this deliberately wrong income is shown, tax return is not filed and misleading statements are presented in relation to tax.

● Tax evasion is an illegal and criminal activity

30
Q

What is Tax Avoidance

A

● Tax avoidance is the use of legal methods to reduce taxable income or tax owed.

● Tax avoidance is not the same as tax evasion, which relies on illegal methods such as underreporting income and falsifying deductions.

● Individual taxpayers and corporations can use forms of tax avoidance to lower their tax bills.

● Tax credits, deductions, income exclusion, and loopholes are forms of tax avoidance.

31
Q

What is Tax Shifting

A

● Tax shifting is the activity of shifting the burden (payment) of a tax from one person to another.

● For example, in the case of GST, the tax is shifted ultimately from the producer to the consumer. The manufacturer shifted the tax burden to the ultimate consumer.

32
Q

What is Tax Buoyancy

A

● If tax revenue increases proportionately more in response to an increase in national income or output, the tax is said to be
buoyant.

● Tax buoyancy explains this relationship between the changes in government’s tax revenue growth and the changes in GDP.

● It refers to the responsiveness of tax revenue growth to changes in GDP

33
Q
A