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Working of Dual GST

The Goods and Services Tax (GST) was introduced in India on 1st July 2017 to unify multiple indirect taxes into a single, comprehensive system. India follows a dual GST model, which is unique to its federal structure. This system ensures revenue-sharing between the Centre and States.

Unit 9: Legal Aspects of Business


Meaning of Dual GST

Definition:

Dual GST refers to the structure in which both the Central Government and State Governments levy tax on a common tax base (i.e., supply of goods and services).

Legal Backing:

It is enabled through the 101st Constitutional Amendment Act, 2016, particularly Article 246A, which gives concurrent powers to both Centre and States to make laws on GST.


Types of GST Under the Dual System

Type of GSTLevied ByApplicable When
CGSTCentral GovernmentIntra-state supply of goods/services
SGSTState GovernmentIntra-state supply of goods/services
UTGSTUnion Territory Govt.Intra-UT supply in union territories
IGSTCentral GovernmentInter-state and international supply

How Dual GST Works

a. Intra-State Supply

  • Supply of goods/services within the same state

  • Both CGST and SGST are levied

  • Revenue is shared equally between Centre and State

Example:
If a good is sold in Karnataka for ₹1,000 and the GST rate is 18%,

  • CGST = 9% = ₹90

  • SGST = 9% = ₹90
    Total GST = ₹180

b. Inter-State Supply

  • Supply from one state to another

  • Only IGST is levied and collected by the Central Government

  • Later, the Central Government distributes the State’s share

Example:
If a good is sold from Maharashtra to Gujarat for ₹1,000 and GST rate is 18%,

  • IGST = 18% = ₹180
    This ₹180 is collected by the Centre, and Gujarat (the destination state) receives its share.


Input Tax Credit (ITC) Flow in Dual GST

GST allows businesses to claim Input Tax Credit (ITC) on taxes paid at earlier stages to avoid tax cascading.

a. Credit Utilization Rules:

  • IGST credit → Used for IGST, then CGST, then SGST

  • CGST credit → Used for CGST, then IGST (not SGST)

  • SGST credit → Used for SGST, then IGST (not CGST)

Note: Cross-utilization of CGST and SGST is not allowed.


Role of GSTN and GST Portal

The GST Network (GSTN) manages the IT infrastructure of GST.
Through the GST portal:

  • Businesses register under both CGST and SGST using a single GSTIN

  • Returns filed are split into CGST, SGST, and IGST sections

  • ITC and tax payments are automatically calculated


Revenue Sharing Between Centre and States

Under dual GST, IGST collected by the Centre is apportioned between:

  • The Central Government

  • The State Government where the goods/services are consumed

This ensures a destination-based tax system, promoting fair revenue distribution.


Advantages of Dual GST

FeatureBenefit
Shared taxation powersRespects federalism and empowers states
Common tax baseAvoids double taxation and overlaps
Clear ITC rulesPrevents cascading and promotes transparency
Unified processBusinesses file returns on a single online portal

Conclusion

The dual GST model is a foundational aspect of India’s tax system, balancing the powers of the Centre and States. By dividing GST into CGST, SGST, and IGST, it creates a harmonized and transparent structure while maintaining constitutional balance.

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