GST Rates & Anti-Profiteering


Over the last two months, the centre and over 15 states have passed laws to levy the Goods and Services Tax (GST). Under these laws, tax rates recommended by the GST Council will be notified by the government. The Council met in Srinagar last week to approve rates for various items. Following this decision, the government has indicated that it may invoke provisions under the GST laws to monitor prices of goods and services. This will be done by setting up an anti-profiteering authority to ensure that reduction in tax rates under GST results in a fall in prices of goods and services. In this context, we look at the rates approved by the GST Council, and the role of the proposed authority to ensure that prices of various items do not increase under GST.

  • Q. What are the tax rates that have been approved by the Council?
  • Q. Will GST apply on all goods and services?
  • Q. How will GST impact prices of goods and services?
  • Q. What happens if tax rates come down but companies don’t reduce prices?
  • Q. Are there any existing mechanisms to regulate pricing of products?
  • Q. Could there be some challenges in implementing this mechanism?
  • Q. Have other countries tried to introduce similar anti-profiteering frameworks?

Q. What are the tax rates that have been approved by the Council?

The Council has classified various items under five different tax rates: (i) 5%, (ii) 12%, (iii) 18%, (iv) 28%, and (v) 28% with an additional GST compensation cess. While tax rates for most of the goods and services have been approved by the Council, rates for some remaining items such as biscuits, textiles, footwear, and precious metals are expected to be decided in its next meeting on June 3, 2017.

Table : Tax rates for goods and services as approved by the GST Council
5.00% 12.00% 18.00% 28.00% 28% + Cess
Goods o Tea and Coffee
o Medicines
o Edible Oils
o Butter and Cheese
o Sanitary Napkins
o Mobile Phones
o Dry Fruits
o Tractors
o Agarbatti
o Toothpaste
o Soap Bars
o Computers
o Chocolate
o Shampoo
o Washing Machine
o Air Conditioner (AC)
o Aerated Drinks + 12% Cess
o Small Cars + 1% or 3% Cess (depending on petrol or diesel engine)
o Big Cars + 15% Cess
Services o Transport by rail
o Air transport by economy class
o Air transport by business class
o Non-AC Restaurant without liquor license
o Restaurant with liquor license
o AC Restaurant
o Other services not specified under any other rate (such as telecommunication and financial services)
o Entertainment (such as cinemas and theme parks)
o Gambling
o Restaurants in 5 star hotels
Source : GST Council Press Release, Central Board for Excise and Customs.

Q. Will GST apply on all goods and services?

No.

  • Certain items such as alcohol for human consumption, and petroleum products such as petrol, diesel and natural gas will be exempt under GST.
  • In addition to these, the GST Council has also classified certain items under the 0% tax rate, implying that GST will not be levied on them. This list includes items of daily use such as wheat, rice, milk, eggs, fresh vegetables, meat and fish.
  • Some services such as education and healthcare will also be exempt under GST.

Q. How will GST impact prices of goods and services?

GST subsumes various indirect taxes and seeks to reduce cascading of taxes (tax on tax). With greater efficiency in the supply of products, enhanced flow of tax credits, removal of border check posts, and changes in tax rates, prices of goods and services may come down.

However, since some tax rates such as VAT currently vary across states, the real impact of GST rates on prices may become clear only after its roll-out. For example, at present VAT rates on smart phones range between 5-15% across states. Under GST they will be taxed at 12%. As a result while phones may become marginally cheaper in some states, their prices may go up in some others.

Q. What happens if tax rates come down but companies don’t reduce prices?

The government had received reports of few businesses increasing their product prices in anticipation of GST.

To take care of such cases, the GST laws contain a provision which allows the centre to constitute an anti-profiteering authority. The authority will ensure that a reduction in tax rates under GST is passed on to the consumers. Specific powers and functions of the authority will be specified by the GST Council.

Q. Are there any existing mechanisms to regulate pricing of products?

Various laws have been enacted over the years to control the pricing of essential items, or check for unfair market practices. For example, the Essential Commodities Act, 1955 controls the price of certain necessary items such as medicines, food items and fertilisers.

Parliament has also created statutory authorities like the Competition Commission of India to check against unfair trade practices such as cartelisation by businesses to inflate prices of goods. Regulators, such as the National Pharmaceutical Pricing Authority, are also responsible for regulating prices for items in their sectors.

Q. Could there be some challenges in implementing this mechanism?

To fulfil its mandate, the anti-profiteering authority could get involved in determining prices of various items. This may even require going through the balance sheets and finances of various companies. Some argue that this is against the idea of prices being determined by market forces of demand and supply.

Another aspect to consider here is that the price of items is dependent on a combination of factors, in addition to applicable taxes. These include the cost of raw material, technology used by businesses, distribution channels, or competition in the market.

Imagine a case where the GST rate on a category of cars has come down from the current levels, but rising global prices of raw material such as steel have forced a manufacturer to increase prices. Given the mandate of the authority to ensure passing of lower tax rates to consumers, will it also consider the impact of rising input costs deciding the price of an item? Since factor costs keep fluctuating, in some cases the authority may find it difficult to evaluate the pricing decision of a business.

Q. Have other countries tried to introduce similar anti-profiteering frameworks?

Some countries such as Malaysia have in the past introduced laws to check if companies were making unreasonably high profits after the roll-out of GST. While the law was supposed to remain in force for a limited period, the deadline has been extended a few times. In Australia, during the roll out of GST in the early 2000s, an existing authority was entrusted with the role of taking action against businesses that unreasonably increased prices. The authority also put in place a strategy to raise consumer awareness about the available recourse in cases of price exploitation.

With rates for various items being approved, and the government considering a mechanism to ensure that any inflationary impact is minimised, the focus now shifts to the implementation of GST. This includes operationalisation of the GST Network, and notification of rules relating to registration under GST and payment of tax. The weeks ahead will be crucial for the authorities and various taxpayers in the country to ensure that GST is successfully rolled out from July 1, 2017.

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Reference : PRS India

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