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Microlesson · 5-min read

Taxes Subsumed in GST and Exceptions

## What GST Replaced – and What It Did Not

### Taxes Subsumed in GST

Central Taxes SubsumedState Taxes Subsumed
Central Excise DutyVAT / State Sales Tax
Additional Duties of ExciseEntertainment Tax (except by local bodies)
Service TaxOctroi & Entry Tax
Central Sales Tax (CST)Luxury Tax
Countervailing Duty (CVD)Taxes on lottery, betting, gambling
Special Additional Duty (SAD)State cesses & surcharges on supply of goods/services

### Taxes NOT Subsumed (Still Levied)

  • Basic Customs Duty (on imports)
  • Stamp Duty (on instruments)
  • Property Tax, Toll Tax, Road Tax (by local bodies)
  • Electricity Duty
  • Excise on alcoholic liquor for human consumption (constitutionally outside GST)

### Exceptions – Items Outside GST

#### (A) Permanently Excluded (GST will NEVER apply)

For these, only Excise + VAT/CST continue:

1. Alcoholic liquor for human consumption

2. Un-denatured Extra Neutral Alcohol (ENA) / rectified spirit used to manufacture alcoholic liquor for human consumption

#### (B) Temporarily Excluded (GST will apply from a date notified by GST Council)

For these, Excise + VAT/CST continue until notified:

1. Petroleum Crude

2. High Speed Diesel (HSD)

3. Motor Spirit (Petrol)

4. Natural Gas

5. Aviation Turbine Fuel (ATF)

#### (C) Goods Covered in GST AS WELL AS Earlier Tax Regime

For these, GST + Excise are levied (dual levy):

1. Tobacco and tobacco products — Centre still levies Central Excise on top of GST

2. Opium, Indian hemp, and other narcotic drugs and narcotics

> 💡 Mnemonic: "5 Petrol out (temporary), Alcohol & ENA out (permanent), Tobacco & Narcotics in both (dual levy)."

Worked example

### Example 1

Example – Classification of Products

(a) Petrol sold at a pump in Delhi → Excise + VAT (NOT GST, temporarily excluded).

(b) Bottle of whisky sold in a State liquor shop → State Excise + VAT (NOT GST, permanently excluded).

(c) Pack of cigarettes sold in a kirana store → GST + Central Excise (both apply).

(d) Aviation Turbine Fuel (ATF) loaded at airport → Excise + VAT (NOT GST, temporarily excluded).

(e) Diesel sold at retail outlet → Excise + VAT (NOT GST).

(f) Industrial alcohol (denatured) used for chemical manufacture → GST applies (only liquor for human consumption is excluded).

⚠️ Common exam mistakes

  • Listing petroleum as 'permanently' excluded — it is temporarily excluded; GST Council can notify its inclusion any time.
  • Forgetting that tobacco attracts BOTH GST and Excise — a unique dual levy.
  • Treating ALL alcohol as outside GST — only alcoholic liquor for human consumption is excluded; industrial/denatured alcohol is taxed under GST.
  • Including Basic Customs Duty as 'subsumed' — only CVD & SAD (which are equivalent to excise/VAT on imports) were subsumed; BCD continues.
  • Forgetting Entertainment Tax levied by local bodies is NOT subsumed (only State-level Entertainment Tax was).
Reference:
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