Was GST really needed in India or Government was in hurry to implement GST. Is there still chances that GST could be abolished and old taxable system can be relaunched in india.
All the taxes levied levied and collected by the Government are governed by the power vested to the Government by the constitution of India. Before implementation of GST, The structure of Indirect taxation in India was based on three lists in Seventh Schedule to Constitution of India, which came into effect on 26th January 1950.
- Union List (This list contains matters where only parliament has power to make law)
- State list (This list contains matters where only respective state government has power to make law)
- Concurrent list (This list contains matters where both parliament and respective state government have power to make law but in case of any contradiction between law made by state or parliament, final decision making power is given to parliament only)
To implement GST one hundred and first constitutional amendment was done by inserting article 246A to supersede article 246 & 254. With this amendment, states will also have the powers to make laws with respect to goods and services tax imposed by the Union or by such State. However in case of inter-state supplies power to make such laws will remain exclusively with the Parliament.
All the conflicting entries in these schedules have either been removed or been modified by clause 17 of The Constitution (One Hundred & First Amendment) Act, 2017
So now power to impose tax in India shall be governed by Article 246A & The Seventh Schedule.
This was constitutional background of GST. Now coming to your question:-
Many countries in the world were already moved towards common tax i.e. Goods & service tax. However as far as India is concerned, it is rightly said that India is like an elephant , it takes time to start but once started it is very difficult to stop it. There were many barriers in way to implementation of GST. But finally India has moved to GST and we could not learn to swim without going into the pool. Then as and when any problem came, govt. issued amendment. and finally successfully implemented GST. Hence I think GST was really needed for overall development of Businesses in India. After GST many tax laws abolished to form uniform taxation system. But some issues remain like many commodity are kept out of GST and still excise duty applicable. There are many reasons that we could not implement full package of GST. In future when conditions support we may see all these issues resolved.
Now as far as question of rolling back to old taxation system. I think that is not going to happen in India now. Moving to GST is a one way street- now there can be no going back. We have to face the challenges of GST. There is no other way.