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Which one of the following State Taxes have NOT been replaced by GST?
Question

Which one of the following State Taxes have NOT been replaced by GST?

A.

Luxury Tax

B.

Purchase Tax

C.

Special additional duty of customs

D.

Taxes on lotteries, betting, and gambling

Correct option is C

The Special Additional Duty of Customs (SAD) was a type of customs duty imposed on imported goods to offset the impact of state-level VAT and create a level playing field between imported and domestically produced goods.

Key Features of SAD:

  1. Levy and Purpose: SAD was levied at a rate of 4% under Section 3(5) of the Customs Tariff Act, 1975 to counterbalance the VAT or sales tax that domestic goods were subject to.
  2. Applicability: Applied on imported goods before they entered the domestic market.
  3. Refund Mechanism: Businesses could claim refunds for SAD if they resold the imported goods in India by paying applicable VAT.

SAD and GST

  • With the introduction of GST on July 1, 2017, state VAT was replaced by GST, making SAD redundant.
  • SAD was abolished and replaced by Integrated GST (IGST) on imports, which ensures that both domestic and imported goods are taxed at the same rate.
  • Now, instead of SAD, IGST is collected at the port of entry and credited to the importing business, eliminating the need for a refund mechanism.

Information Booster:

While SAD and Countervailing Duty (CVD) were replaced by IGST, the following customs duties still exist:

  1. Basic Customs Duty (BCD) – Still applicable on imports and not replaced by GST.
  2. Anti-Dumping Duty – Imposed to protect domestic industries from cheap imports.
  3. Safeguard Duty – Levied to protect domestic producers from import surges.
  4. Social Welfare Surcharge (SWS) – Collected to fund social welfare programs.

So, while GST replaced SAD, it did not eliminate all customs duties.

Additional Knowledge:

(a) Luxury Tax

  • Luxury Tax was a state-level tax imposed on luxury goods and services like five-star hotels, resorts, and high-end products.
  • Under GST, luxury items are now taxed at higher GST slabs (18% and 28%), making Luxury Tax obsolete.
  • Luxury tax was subsumed under GST, making this option incorrect.

(b) Purchase Tax

  • Purchase tax was a state-imposed tax on buyers of certain agricultural and industrial goods.
  • States like Punjab, Haryana, and Gujarat levied Purchase Tax on products such as sugarcane, cotton, and timber.
  • Under GST, Purchase Tax was abolished because GST applies uniformly to purchases and sales.
  • Hence, Purchase Tax was replaced by GST, making this option incorrect.

(d) Taxes on Lotteries, Betting, and Gambling

  • Lotteries, betting, and gambling are taxed under GST at 28%.
  • However, states still have the power to regulate and impose additional taxes on these activities.
  • These taxes were NOT fully replaced by GST, but they still fall under GST for standard taxation purposes.
  • Since GST applies to these activities, this is not the correct answer.

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