History of Goods and Services tax in India (GST) – The rise of GST

1.0 Introduction

When Indians say that twenty-first century will belong to India, then they actually mean it. Around 16 years ago, when the world was putting its step forward in the twenty-first century, India was also aiming high towards becoming an economic superpower. Our former Prime Minister Shri A.B.Vaypayee understand the glitches in the current taxation structure and hence started the discussion on the Goods and Service Tax (GST) for the first time in Indian history. Some of the important recounts of events in GST history are as follows:

2.0 First Committee on GST

In 2000, he set up a committee which was headed by Asim Dasgupta (former finance minister, Government of Bengal). The committee was given a task of designing and establishing the GST model which suits the Indian federal structure well. It was also given a task for designing the back end system for the effective implementation of the GST rollout.

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3.0 Phase of VAT implementation

During the phase of 2000 to 2005, Indian indirect tax structure was also witnessing a historic change in the name of VAT. VAT stands for Value Added Tax. VAT in India was introduced at the centre level first. VAT was first introduced in 1986 for few commodities which were then called MODVAT which was later on extended to other commodities and stages and hence renamed as CENVAT w.e.f 1.04.2000.

4.0 Kelkar suggestion of Comprehensive GST Model

After implementation of VAT a central level, Government of India was keen to introduce VAT at the state level. The implementation of VAT somehow overshadows the discussion on GST. Somewhere in between, the Kelkar task force in the year 2003 suggested a comprehensive Goods and Service Tax (GST) based on VAT principle. It pointed out that there is no doubt that India has a steady momentum regarding reforms and taxation; however, there is a need of a new comprehensive GST which shall be based on VAT principles. 

5.0 Budget of 2006

Apart from the Kelkar recommendation, talks on GST were in cold storage until 2006. The silence was broken by the former Finance Minister P.Chidambaram in his budget speech for the Year 2006-07. He was decisive while speaking about the implementation of GST. He indicates the need to the country to converge from existing system to the national GST. He said

“It is my sense that there is a large consensus that the country should move towards national level Goods and Services Tax (GST) that should be shared between the Centre and the States. I propose that we set April 1, 2010, as the date for introducing GST. The World over, goods and services attract the same rate of tax. That is the foundation of a GST. People must get used to the idea of a GST. Hence, we must progressively converge the service tax rate and the CENVAT rate.”

So, it was the year 2006-07, when India was serious for the first time in implementing the Goods and Service Tax (GST). The responsibility of preparing a design and roadmap for the seamless implementation of GST was assigned to Empowered Committee of State Finance Minister.

6.0 First Discussion Paper on GST by EC

The empowered committee of State Finance Minister releases their first discussion paper on November 10, 2009. The discussion paper recommended the dual GST model for India. After the release of the first discussion paper, it was imperative that GST will not meet the deadline as stated in the Budget speech in 2006.

7.0 Budget of 2010 – defer GST by one Year

In the budget speech of the year 2010-11, Shri Pranab Mukherjee extended the deadline by one year. He said;

“On Goods and Services Tax, we have been focusing on generating a wide consensus on its design. In November 2009 the Empowered Committee of the State Finance Ministers placed the first discussion paper on GST in the public domain. The Thirteenth Finance Commission has also made some significant recommendations relating to GST, which will contribute to the ongoing discussions.

We are actively engaged with the Empowered Committee to finalise the structure of GST as well as the modalities of its expeditious implementation. It will be my earnest endeavour to introduce GST along with the DTC in April 2011.”

8.0 115^th Constitutional Amendment Bill, 2011

On 22^nd March 2011 the 115^th Constitutional Bill was the first timetabled in Lok Sabha. The government was keen to introduce and pass the Constitution Amendment Bill, however, due to lack of political consensus; the bill was referred to standing committee on 29^th March 2011.

After two years of waiting, the standing committee gives his report on 7 August 2013. It was the last year of the government and the bill if not passed, and then it shall lapse on the dissolution of Lok Sabha.

As expected, the 115^th Constitutional amendment bill lapsed with the dissolution of Lok Sabha by the honourable President Pranab Mukherjee.

9.0 122^nd Constitutional amendment bill, 2014

With the new government in charge, the 122^nd Constitutional amendment bill was tabled in Lok Sabha on 19^th December 2014. Since the new government has the required number in the Lok Sabha, it was expected that GST bill would be cleared in Lok Sabha. The major problem for the current government is to get the required number in Rajya Sabha.

As expected, 122^nd Constitutional amendment bill, 2014 was passed by Lok Sabha on 6^th May 2016.

10.0 Bill tabled in Rajya Sabha

It was not an easy job for the government to get the bill cleared from the Rajya Sabha. There were political differences between the government and the opposition. Many times, Rajya Sabha was adjourned due to the unhealthy argument between the Members of Parliament. Lack of majority in Rajya Sabha was the major roadblock for the government.

11.0 Bill Passed by Rajya Sabha

Even after so many hurdles, the 122^nd Constitutional Amendment bill was passed by the Rajya Sabha on 3^rd August 2016 subject to some changes. The amendment made in the bill passed y Rajya Sabha was passed by Lok Sabha on August 8^th, 2016.

12.0 Ratification by State government

For the amendment to become effective, the constitutional bill must be ratified by at least 50% of the states (i.e. by at least 16 states out of 31 state assemblies) within 30 days. Since, bill was passed by unanimous consent of all the parties; this condition was not so tough.

Within 23 days, 16 states ratified the GST bill. Assam was the first state to ratify the GST bill. After getting the requisite number, the GST bill was ready for the presidential nod.

13.0 President approves 122^nd Constitutional Amendment Bill, 2014.

On 8^th September 2016 history writes itself when President gave his nod to the GST bill. GST bill is now the law of the land.

When the history was unfolding itself on 8^th September 2016, the great man Shri A.B. Vajpayee was remembered once again. Once Vajpayee said “I dream of an India, free of hunger and want,” and when his 16 years old vision becomes a reality on 8^th September 2016, maybe his dream will also be a reality in the coming bright years of twenty-first century.

The pictorial representations of some important dates are as follows: 

*Draft GST rules on registration, return and tax invoice has also been issued.

Conclusion

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