INDIRECT TAXES (GST) - Mumbai University - TYBCOM (Sem-6) - MananPrakashan

 

DIRECT TAXES & INDIRECT TAXES (GST) - TYBCOM (Sem-6) Manan Prakashan 

CHAPTER - 1 Introduction

Index

  1. Basic, 
  2. Need for GST, 
  3. Introduction, 
  4. Legislative,
  5. Framework for Implementing GST 

I.     BASICS FOR TAXATION

 1)      DIRECT TAXES & INDIRECT TAXES

Tax is the price which we pay for a civilized society as govt. needs funds for various purposes like maintenance of law and order, defense, social / health / essential services and supply. Govt obtains funds from various sources, out of which one of the main sources is taxation. Taxes are broadly classified as Direct Taxes and Indirect Taxes

Difference between Direct Taxes and Indirect Taxes

 

SR. NO.

PARTICULARS

DIRECT TAXES

INDIRECT TAXES

1

Authority

Central Board of Direct Taxes (CBDT)

Central Board of Indirect Taxes and Customs

2

Types of Taxes

Income Tax

Major Taxes:

GST

Central Tax - Customs Duty

Others:

State Taxes – Stamp Duty, Professional Tax, etc.

 

(1.7.2017 – GST subsumed 17 other indirect taxes)

3

Imposed on

Income, Profits, Wealth, Property, Business, Profession, etc of ‘Persons’

Goods & Services

4

Incidence or the liability or responsibility  to pay the tax

‘Persons’ (as per IT Act) who earn or own the above

Importer or Supplier of goods and services

5

Burden of the tax is borne by

‘Persons’ (as per IT Act) who earn or own the above

End consumer

6

Amount of Tax payable

Depends on Income, Profits etc generated.  The quantum of the tax depends on the income tax slab of the taxpayer.

Supply of goods & services are taxed irrespective of the ability of the purchaser i.e. whether rich or poor, all pay indirect taxes equally

7

Nature of Tax

Progressive. Direct Tax Rate is not flat – higher the income, higher the rate

Regressive. Indirect Taxes are flat or fixed. The poor and the rich pay the same taxes.

8

Timing of Payment

Direct taxes become payable AFTER the income reaches the tax payer

Indirect taxes are payable even before the goods / services reaches the end consumer

9

Transferability of tax

NO

YES

10

Intermediary

NO. Tax payer pays directly to Govt.

YES. Tax payer pays indirectly to Govt. through intermediaries like importers, suppliers, etc.

11

Coverage

Not widespread as only an individual or entity earning above a certain limit is liable to pay direct taxes.

Relatively larger coverage as they are uniformly imposed.

12

Tax Evasion

Possible

Not possible

13

Inflation

Direct taxes can be used in controlling inflation. If the inflation rises beyond control, the government can increase direct taxes which will reduce money for spending and curtail demand for goods and services.

Indirect taxes, on the other hand, lead to inflation. An increase in taxes leads to the rise in the cost of goods and services.

 

14

Collection of Tax

Complex

Comparatively easy, cost effective

II.     NEED FOR GST

    The ‘Statement of Objects and Reasons’ of  the CGST Act explains the difficulties due to the earlier tax system and why GST was enacted as under:

1)      DIFFICULTIES OF OLD INDIRECT TAX SYSTEM:

1.      Multiplicity of  Taxes: Too many taxes

2.      Cascading of Taxes: Tax was levied on tax and there was no set off available between state taxes and central taxes

3.      Each State’s VAT Laws: divided the country into separate economic spheres.

4.      No free flow of trade: in the country due to differing Octroi, entry tax, check post, rules & taxes in each State.

5.      High Compliance Costs: for tax payers in the form of number of returns, payment, etc.

2)      WHY GST:

1.      Simplify and Harmonize:  Ind Tax Regime

2.      Single Tax:  for entire supply chain

3.      Reduce costs: to make industry competitive both domestically & internationally

4.      No cascading of taxes or Input Tax Credit: Set off of taxes

5.      Information Technology infrastructure: for broad tax base & better tax compliance

 

III.     INTRODUCTION TO  GST

1)      DEFINITION OF GST

1.      Article 366: of the Constitution states GST means any tax on supply of G or S or both EXCEPT  taxes on the supply of ALHC

 

2)      NATURE  OF GST

1.      Burden of Tax: In Income Tax, tax is paid and borne by the same person who earns income. In GST, tax is paid by the supplier but ultimately borne by the end consumer.


3)      FEATURES / CONCEPTS OF GST

1.      Tax on consumption: Tax is borne by the consumer in the State where G or S are finally consumed

2.      Destination based tax:

                                           i)            Tax is levied where G/S are consumed.

                                         ii)            Hence zero tax is applicable on Exports

                                       iii)            Imports are taxed at the same rate as on domestic products

                                       iv)            SGST will accrue to the State where G/S are ultimately consumed

 

3.      VAT: that is tax that is collected step by step based on the value added at each stage of production or distribution. The businessman pays GST on the price of his products (-) the GST previously paid on G & S.


4.      Continuous flow of credit: GST eliminates tax on tax through the mechanism of Input Tax Credit (ITC). ITC is a continuous chain of set-off of earlier taxes from the producer / manufacturer

 

5.      Tax on supply: GST is a tax on supply & not on manufacture or sale. Hence stock / branch transfers, free gifts too can be taxed.


4)      SCOPE

       As per Article 366(2A) of the Constitution, GST is levied on all G & S, except ALHC

Particulars

Central ED

State ED

Inter-state CST

Intra-state VAT

GST

State Stamp Duty

ALHC

 

YES

YES

YES

NEVER – As per Article 366

 

Petroleum Crude,

Diesel (HSD),

Petrol (Motor Spirit),

ATF,

NG

YES

 

YES

YES

LATER

 

Real Estate – under construction

 

 

 

 

YES

YES

Real Estate

 

 

 

 

 

YES

Tobacco

YES

 

 

 

YES

 

Import

 

 

 

 

CD + YES

 

 

5)      BENEFITS OF GST

1.      Common National Market: As per ‘Statement of Objects and Reasons’ appended to the 101st Constituion Amendment Bill, the object of GST is to have:

                                           i)            Common National Market with common tax, tax rates and procedures

                                         ii)            Avoid cascading effect of taxes i.e. tax on tax

                                       iii)            One Nation – One Tax (like Income Tax Act)

                                       iv)            Remove economic barriers for an integrated economy at the national level – No need to study each State Laws

2.      Benefits for all Businesses, Industries, Exporters:

                                           i)            Low taxes – due to ITC, widening of tax base, better compliance due to transparent system

                                         ii)            Low cost – due to subsuming of many Central & State Taxes

                                       iii)            Make in India – competitive goods

                                       iv)            Competitive Exports – Export only goods & not taxes

 

3.      Benefits for consumers: Low taxes & low cost

 

4.      Benefits for small businesses:

                                           i)            Higher Threshold for GST Regn. – 20 L (10L in NE States)

                                         ii)            Composition scheme for annual turnover <= 1 crore

                                       iii)            Single registration unlike multiple registration in the old tax regime

 

5.      Ease of doing business:

                                           i)            Simple & uniform taxes

                                         ii)            Common Tax procedures

                                       iii)            Lower record keeping costs

                                       iv)            Low tax compliance costs

                                          v)            Simple automated processes

                                       vi)            Impersonal Tax Administration – Less Physical Interaction, more system based


6.      Economic growth;

                                           i)            Exports, Manufacture, Employment, GDP

                                         ii)            Poverty removal

                                       iii)            Investment climate

                                       iv)            No tax evasion

                                          v)            Govt. revenue

 

IV.     LEGISLATIVE FRAMEWORK OF GST

 

1)      GENESIS OF GST IN INDIA


TIME LINE

2004

Kelkar Task Force – First mooted the idea of GST in India

 

2006

Mr. P. Chidambaram, Finance Minister - set out a goal for GST to be implemented by 2010, which could not be met

 

2009

Nov 10

Empowered Committee of State Finance Ministers – published the first discussion paper on GST which provided the present dual tax model of GST

 

 

Task Force on GST – constituted by 13th Finance Commission – their report contributed to the development of the concept of flawless GST

 

2011

115th GST Constitutional Amendment Bill - was framed – but could not be placed before the Houses of Parliament

 

2013

Mar 28

GSTN – Goods & Services Tax Network – a non-profit company was constituted – to provide IT infrastructure and services to the Central & State Govts., tax payers, and other stakeholders for implementation of the GST

 

2014

Dec 19

122nd Constitutional Amendment Bill – was introduced in Lok Sabha

2015

May 6

122nd Constitutional Amendment Bill – was passed  by Lok Sabha

Interim Period

Joint Committee constituted by the Empowered Committee of State Finance Ministers– framed Processes of GST like registration, return, payment, refund, revenue neutrality structure

 

2016

Jun

Model GST Law – came into being based on the above different business processes so framed

 

2016

Aug 3

122nd Constitutional Amendment Bill – was passed by Rajya Sabha with amendments

 

2016

Aug 8

122nd Constitutional Amendment Bill – the amended bill was again passed by Lok Sabha with 443 votes cast in favour of the Constitutional Amendment Bill & none against it.

 

2016

Sep 8

Presidential assent – was given - after ratification of the Bill by more than 50% states. Thus the 122nd Constitutional Amendment Bill became the 101st Constitutional Amendment Act, 2016

 

2016

Sep 16

101st Constitutional Amendment Act, 2016 - came into effect

One year period

The laws not in concurrence with GST were allowed to operate for 1 year from the date of implementation of 101st Constitutional Amendment Act, 2016

 

2016

Sep 12

GST Council – was constituted – by notification date 10 Sep 2016

2016

Nov

Model GST Law - revised

2017

Apr 12

Final Act was passed

2017

Jun 22

Implementation of provisions relating to Administration, Composition Levy and Registration under GST

 

2017

Jul 01

Implementation of remaining provisions of GST law EXCEPT provisions relating to TDS and TCS

 

2018

Oct 01

Implementation of provisions relating to TDS and TCS


2)      AMENDMENT IN CONSTITUTION


1.      Need:

To provide concurrent taxing powers to the Centre (Parliament) as well as the States (State Legislatures) to tax the complete supply chain from production to distribution for both G & S, as these powers did not exist for Centre & State in the current Constitution.

 

2.      Enactment:

101st Constitutional Amendment Act, 2016 – was enacted - w.e.f. 2016 September 16 (for more details - see the timeline for Genesis of GST given above)


3.      Important Changes: introduced in the Constitution by the above Act are:

Article No

Particulars

246A

Newly inserted – Enabling provisions for the Centre & States w.r.t. GST legislation

- Taxing of Services by State

- Parliament has exclusive power to make laws with respect to GST on INTER-state supplies

 

268A

Omitted - said article empowered the GOI to levy taxes on services. As tax on services was brought under GST, such a prov was no longer required.

 

269A

Newly inserted – provides for GST on supplies on inter-state trade to be levied & collected by the GOI & such tax shall be shared by Centre & State in the manner as provided by Parliament by law - on the recommendations of the GSTC.

 

Parliament may by law formulate the principles for place & time of supply of inter-state trade

 

270

Amended – to provide for distribution of GST Tax collected by Union between the Union & States

 

271

Amended – Surcharge cannot be levied on G&S which are subject to GST under Article 246A

 

279A

Inserted – Constitution & Mandate of GSTC

 

366

Amended – Exclude ALHC from GST

 

368

Amended – where at least 50% of the States Legislatures have to ratify the bill in addition to the method of voting provided for amendment of the Constitution.

 

So any modification in the GSTC shall also require 50% of the States Legislatures to ratify it.

 

Entries in List I & II

Entries in these lists have either been substituted or omitted:

(i) to restrict power to tax G or S in these lists OR

(ii) to take away power to tax G & S which have been subsumed in GST

 

Compensation to the States

Parliament shall by law  & on the recommendation of the GSTC provide for compensation to the States for loss of revenue arising on account of GST for 5 years.

 

Petroleum & Petroleum Products

These products shall not be subject to GST till a date notified on the recommendation of the GSTC


3)      DUAL GST


      India is a federal country i.e. where the both the Centre & the States have the power to levy &     

      collect taxes in order to raise resources to perform their responsibilities. A dual GST is therefore  

      in keeping with the Constitutional requirement of fiscal federalism.   

 

      India has adopted a Dual GST Model with the following features

 

1.      INTRA-State Supply: CGST & SGST/UTGST

 

                                           i)            Intra-State Supply for SGST/UTGST means both the supplier & the recipient are both located within the same State / UT

                                         ii)            Intra-State Supply for CGST means both the supplier & the recipient are both located within the country

                                       iii)            The Centre & State will simultaneously levy GST on the same price on every taxable supply of INTRA-State Supply of G&S

                                       iv)            Levy and administration – Centre for  CGST – Respective States / UTs for SGST/ UTGST

2.      INTER-State Supply & IMPORTS : IGST

4)      GST LAWS

 

The Law (w.e.f. 01 July 2017)

Purpose

1

The Central Goods & Services Tax Act, 2017 (CGST Act)

To levy & collect CGST on Intra-State / Intra-UT supplies

2

The State  Goods & Services Tax Act, 2017 (SGST Act)

To levy & collect SGST on Intra-State supplies

3

The Union Territory Goods & Services Tax Act, 2017 (UTGST Act)

To levy & collect UTGST on Intra-UT supplies

4

The Integrated  Goods & Services Tax Act, 2017 (IGST Act)

To levy & collect IGST on Inter-State / Inter-UT / Inter State & UT supplies

5

GST (Compensation to States) Tax, 2017

To compensate States for the loss of revenue, if any, due to introduction of GST


5)      EXTENT, COMMENCEMENT, APPLICABILITY OF GST LAWS


APPLICABILITY

INTRA – STATE / UT SUPPLY

INTER – STATE &/ UT SUPPLY

 

CGST

SGST

UTGST

IGST

States of India

Y

Y

 

Y

UT with State Legislature

Y

Y

 

Y

UT without State Legislature

Y

 

Y

Y

 

6)      CGST

7)      SGST

8)      UTGST

9)      IGST


ACT

SUBSUMED

ADMINISTERED BY

APPLICABILITY

CGST

CED, ST

Central Govt

Extends to whole of India (w.e.f. 22 June 2017)

including J&K (w.e.f. 08 July 2017)

SGST

State VAT, Entry Tax, Octroi, Luxury Tax, etc.

State & UT with their own State legislatures (J&K, Delhi, Puducherry,)

Though there are multiple SGST legislations, the basic provs are uniform in all the SGST legislations, as far as feasible. This is necessary to preserve the essence of dual GST.

UTGST

   ---------

UT without their own State legislatures (A&N Islands, Lakshadweep, D&NH, D&D, Chandigarh & Ladakh)

---------

IGST

--------

- Centre

- Article 269A – see above

- IGST is not a different tax but a component of the main GST

- No other country in the world has a law as similar to IGST. IGST is unique to India.

 

- Seller or SP in the origin state is to charge IGST on Inter-State supply of G &/ S

 

- IGST Rate = CGST Rate + SGST Rate

 

- Sharing: The exporting State will transfer the SGST portion to CG à CG will then transfer the SGST portion to the importing State

 

- IMPORTS: of G &/ S from outside = Basic CD + IGST

 

- Exports = Zero Rated i.e. Nil rate

 

From all the above it is clear that GST is a destination based Tax


10)  COMMON PROVISIONS IN GST LAWS

 

CGST Act (25 Sections) à also apply to IGST Act (vide Sec 20 of IGST Act) & UTGST Act (vide Sec 20 of UTGST Act) & are also mostly applicable to SGST Acts.


11)  RULES

 

CG has also notified the following rules to implement the above 5 laws:

1.      CGST Rules, 2017

2.      IGST Rules, 2017

3.      GST Compensation Cess Rules, 2017


12)  NOTIFICATION / CIRCULARS / ORDERS - BY CBIC


1.      Notifications are of 2 types

                                           i)            Rate

                                         ii)            Non-Rate (notification for Sections, Rules, Amendment to Rules)

2.      Circulars & Orders – on subjects like proper officers, ease of exports, extension of last dates for filling up various forms, etc.


13)  EXISTING LAWS REPLACED


CENTRAL TAXES

SUBSUMED (REPLACED

1.      CED

2.      Addl Duties of Excise

3.      Excise on Medicinal & Toiletries Preparation Act

 

4.      Addl CD (CVD) – equal to Central Excise on similar goods manufactured in India

5.      Special Addl Duty – supposed to be = CST which was 4% earlier. Not changed inspite of drop in CST rate to 2%

 

6.      Surcharge & Cess

 

7.      Central Sales Tax

 

8.      Service Tax

NOT SUBSUMED

 

 

 

 

 

1.      Customs Duty (Basic)

 

STATE  TAXES

SUBSUMED (REPLACED

1.      VAT

2.      Purchase Tax

3.      Entry Tax, Octroi, Local Body Tax (LBT)

4.      Entertainment Tax (Other than the Tax levied by Local Tax Authorities)

5.      Luxury Tax

6.      Betting, Gambling and Lottery Tax

7.      Surcharge & State Cess

NOT SUBSUMED

1.      SED

2.      Stamp Duty

3.      Profession Tax

4.      Electricity Duty

5.      Sales Tax on 5 Petroleum Products (Inter State – CST & Intra State – VAT)

6.      Toll Tax

7.      Road & Passenger Tax

 

14)  ILLUSTRATIONS

See text book

 

V.     FRAMEWORK FOR IMPLEMENTING GST LAWS

 

1)      GST COUNCIL


1.      Constitution: Article 279A –> President –> GST Council (Centre + States)

2.      Members: Union Finance Min (Chairperson) + Union Minister of State in charge of Revenue or Finance (Member) + Min in charge of  Fin/Tax/Any other Min nominated by each State Govt. (Members)

3.      Quorum = 50% of Total Members

4.      Decision: 3/4th (75%) Majority à Weightage of votes à CG – 1/3rd  & SG – 2/3rd

5.      Recommendation: The GSTC makes recommendation to the Union & the States on:

                                           i)            The taxes to be subsumed

                                         ii)            The G&S that may be subjected to or exempted from GST

                                       iii)            Model GST Laws

                                       iv)            Principles of levy

                                          v)            Apportionment of GST levied on supplies in INTER-State trade under Article 269A

                                       vi)            Place of supply

                                     vii)            Threshold limit of turnover for exemption from GST

                                   viii)            Rates including floor rates with bands of GST

                                       ix)            Any Special Rates for a specified period, to raise additional resources during any natural calamity or disaster

                                          x)            Special provisions with respect to 11 Special Category States (SCS)

8 NE States - Aru P, Assam, M3 (Manipur, Meghalaya, Mizoram), Nagaland, Sikkim, Tripura, 3 Mountainous States - J&K, HP, Uttarakhand

                                       xi)            Any other matter

 

2)      GST Network


1.      Setup:

                                           i)            On 2013 March 28 (see timeline on page 5 above)

                                         ii)            As a PRIVATE Co. u/s 8 of the Cos Act, 2013

                                       iii)            Initially C.Govt = 24.5% + State Govt = 24.5% + NG Fincl Instn = 51%

                                       iv)            On 2018 May 4, in its 27th Meeting, considering the nature of its State function, GSTN has been converted into a fully owned GOVT Co., by purchasing the 51% share valued at ₹ 5.1 crore equally by C & S Govt.


2.      Service Providers:

                                           i)            Infosys – MSP - Managed Service Providers

                                         ii)            GSPs (GST Suvidha Service Providers) à which is made up of 73 Cos (IT & ITeS & Fincl Technology Cos) + 1 Commissioner of Commercial Taxes (CCT, Karnataka) à would develop applications to be used by taxpayers for interacting with the GSTN


3.      Data Access: The design of GST systems is based on role based access

                                           i)            The taxpayer can access his own data through identified applications like registration, return, view ledger, etc.

                                         ii)            The tax official having jurisdiction, as per GST law, can access  the data

                                       iii)            Data can be accessed by audit authorities as per law.

                                       iv)            No other entity can have any access to data available with GSTN


4.      Functions: GSTN would:

                                           i)            Manage the website www.gst.gov.in

                                         ii)            Provide 3 front end services to taxpayers à registration, payments and return

                                       iii)            Develop back end IT modules for the States à who have opted for the same

                                       iv)            Facilitate registration, forward the Returns to Central & State Authorities, perform computation & settlement of IGST, match tax payment details with banking network, provide various MIS reports to the Central & State Governments based on the taxpayer return information, provide analysis of taxpayers’ profile, run the matching engine for matching, reversal and reclaim of ITC


3)      GST RATES

 

Indian GST Model 4 tier rate structure (5%, 12%, 18%, 28%)

Particulars

GST Rates

Goods:

Inter State Supply

 

Intra State Supply

 

IGST Rates are: Nil, 0.25%, 3%, 5%, 12%, 18%, 28%

 

CGST Rates + SGST/UTGST Rates will be each 50% of IGST

 

Besides Compensation Cess is applicable – For Tobacco products, Pan Masala, Motor Cars, Coal, Aerated Water, etc

 

Services:

Inter State Supply

 

 

Intra State Supply

 

 

IGST Rates are: General Rate = 18%. Few cases services are also taxed at 5%, 12%, 28%

 

CGST Rates + SGST/UTGST Rates will be each 50% of IGST

 

Few Services are exempt from GST

 

Import of Goods:

Basic CD + Ed Cess & Sec & H Sec Cess + IGST + Comp Cess

 

Certain Imports are exempt from Basic CD & IGST

 

Exports:

Exports are Zero Rated or have NIL Rate of Tax


4)      CLASSIFICATION OF GOODS & SERVICES


HSN (Harmonised System of Nomenclature) Code is used for classifying the G & S under GST.

Chapters referred are the Chapters of the Ist Schedule to the Customs Tariff Act, 1975.

Eg: Chapter – Section – Heading – Group

Eg: 87032191 (87 - Vehicle Other than Railway, 03 – Veh for transport, 21 – CC < 1000, 91 – Motor Car)

 

5)      COMPENSATION CESS

 

1.      The GST (Compensation to States) Act, 2017 provides for compensation to the States as recommended by the GST Council for the loss of revenue due to GST

2.      Compensation will be provided for a period of 5 years from the date the State brings its SGST Act into force (i.e. upto 1-July-2022)

3.      2015-16 will be considered as the base year for calculating the revenue to be protected

4.      The growth rate of revenue for a State during the 5 years period i.e. from 2017-18 to 2021-22 is assumed to be 14% p.a. (i.e. 2015-16 revenue + 14% growth rate  for 5 years)

5.      State revenue to be protected is the loss of revenue due to subsumed taxes such as State VAT, CST, Entry Tax, Octroi, LBT, taxes on luxuries, taxes on advertisements, etc except taxes on ALHC & 5 Petroleum Products.

6.      This cess will not be payable by Exporters and persons who have opted for compensation levy

7.      The ITC of this cess can be used to pay only compensation cess and not the other taxes like CGST, SGST, IGST

8.      The collected compensation cess flows into the Central Govt’s Consolidated Fund of India (CFI), and is then transferred to the Public Account of India, where a GST compensation cess account has been created. States are compensated bi-monthly from the accumulated funds in this account.

Read more at: 
https://www.bloombergquint.com/politics/centre-used-gst-compensation-cess-elsewhere-violated-law-cag
Copyright © BloombergQuint


6)      E-WAY BILL SYSTEM

 

1.      Meaning: Is an electronic document generated on the GST portal evidencing movement of goods

2.      Form:

PART A

PART B

Recipient details:

Transporter details:

Details of GSTIN

Vehicle No

Place of delivery (Pin Code)

 

Invoice / Challan No & date

 

Value of Goods

 

HSN Code

 

Transport Document No (GRNo.,  or RRNo., or AWB No., B/L No. and

 

Reasons for transportation

 

 

3.      Issuer: Every registered person who causes movement of goods (which may not be necessarily on a/c of supply) of value > ₹50,000 is required to furnish above mentioned information in Part A prior to the commencement of movement of goods. The Part B details helps in generation of e-way bill.

 

4.      Aim:

                                           i)            E-way bill is a mechanism to ensure that goods being transported comply with the GST law & is an effective tool to track movement of goods and tax evasion.

                                         ii)            To remove the ills of the way bill system under VAT in different states with  differing rules which contributed to bottlenecks at the check posts & made compliance difficult

                                       iii)            Digital interface in place of physical interface which will facilitate faster movement of goods

                                       iv)            Improve TAT of vehicles & help the logistics industry by increasing the average distance travelled, reduce travel time & costs

5.      Implementation:

INTER-State à 1 April 2018

INTRA-State à All State had to implement before 3 June 2018, NCT of Delhi on 16 June 2018

 

7)      ANTI-PROFITEERING MECHANISM

 

National Anti-Profiteering Authority (NAPA) is constituted by the C. Govt to ensure that prices remain under check & that businesses do not pocket all the gains from GST

 

This was set up as implementing GST in many countries led to inflation because the supplier was not passing on the benefit to the consumer on a/c of reduction in tax rates or increase in ITC

 

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