Professional Documents
Culture Documents
GST IN INDIA
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WHAT TO STUDY IN - GST LAW
ACT RULES
1. REVISED GST MODEL LAW 2017 1. REGISTRATION RULES
7. COMPENSATION RULES
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8. VALUATION RULES
Taxable Event Under GST
Taxable Event
Rendering/Provision of Services
(ST) Supply of Goods
and/or Services
Sale of Goods
(VAT/CST)
Import/Export of Goods
(BCD/CVD/SAD/NCCD/ADD/SGD/etc
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Taxes to be Subsumed into CGST
EXCISE
CVD
SERVICE u/s 3(1)
TAX
CGST
SAD
CESS u/s 3(5)
Surcharges
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Taxes to be Subsumed into SGST
VST/CST
LUXURY ENTRY TAX
TAX /OCTROI
ENTERTAINMENT
TAX SGST PURCHASE TAX
TAXES ON
STATE CESSES/
LOTTERY/BATTING
SURCHARGE
/GABLING
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GST
INTRA INTER
STATE STATE
UTGST
Note: a) UT Means, UTS which are not Governed by Any Special Legislature.
b) Delhi & Pondicherry are not UT as per UTGST ACT
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CGST ACT 2017
CGST ACT
COMPRISES
21 174 3
CHAPTERS SECTIONS SCHEDULES
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CGST - CONTENTS
CHAPTERS SECTIONS
I. PRELIMINARY 1-2
II. ADMINISTRATION 3-6
III. LEVY AND COLLECTION OF TAX 7-11
IV. TIME AND VALUE OF SUPPLY 12-15
V. INPUT TAX CREDIT 16-21
VI. REGISTRATION 22-30
VII.TAX INVOICES, DR & CR NOTES 31-34
VIII.ACCOUNTS AND RECORDS 35-36
IX. RETURNS 37-48
X. PAYMENT OF TAX 49-53
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CHAPTERS SECTIONS
XI. REFUNDS 54-58
XII. ASSESSMENT 59-64
XIII. AUDIT 65-66
XIV. INSPECTION,SEARCH,SEIZURE 67-72
& ARREST
XV. DEMANDS AND RECOVERY 73-84
XVI. LIABILITY TO PAY IN CERTAIN CASES 85-94
XVII. ADVNACE RULING 95-106
XVIII. APPEALS AND REVISION 107-121
XIX. OFFENCES AND PENALITIES 122-138
XX. TRANSITIONAL PROVISIONS 139-142
XXI. MISCELLANEOUS 143-174
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Section 2-
Important Definitions
(2) Address of delivery means the address of the recipient of goods or services or
both
Indicated on the Tax invoice issued by a registered person
For delivery of such Goods or services or both;
(6) Aggregate Turnover means
The Aggregate Value of EXCLUDING
TAXABLE Value of Inward Supply on
EXEMPT which Tax is paid under RCM.
EXPORTS
INTER-STATE SUPPLY ALL Duties & Taxes under
OF Persons having the SAME PAN, . GST.
To be Computed on ALL INDIA BASIS
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(18) Business vertical means a distinguishable component of an enterprise
that is engaged in the supply of individual goods or services or a group of
related goods or services which is subject to Risks and Returns that are
different from those of the other Business Verticals.
(19) Capital goods means goods, The value of which is Capitalised in the books
of account of the person claiming the input tax credit and which are used
or intended to be used in the course or furtherance of business;
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(32) Continuous supply of goods means a supply of goods which is
provided, or agreed to be provided, continuously or on recurrent basis, under a
contract, whether or not by means of a wire, cable, pipeline or other conduit, and
for which the supplier invoices the recipient on a regular or periodic basis
Provided that a Deposit given in respect of the Supply, shall not be considered as Payment
made for such Supply Unless the Supplier Applies such Deposit as Consideration for the
said Supply.
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(34) Conveyance includes a vessel, an aircraft and a vehicle;
(43) Electronic cash ledger means the electronic cash ledger referred to in
subsection (1) of section 49;
(47) Exempt supply means supply of any goods or services or both which
attracts NIL rate of tax or which may be wholly exempt from tax under section 11,
Or U/S 6 of the IGST Act, and includes
non-taxable supply;
(50) Fixed establishment means a place (other than the registered place of
business) which is characterised by a sufficient degree of permanence and suitable
structure in terms of human and technical resources to supply services,
or to receive and use services for its own needs;
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(103) State Include a Union Territory with Legislature; i.e DELHI & POUNDICHERY
Explanation; UT with Legislature Shall be Treated as State.
(62) input tax in relation to a registered person, means the CGST,SGST,IGST,UTGST Tax
charged on any supply of goods or services or both made to him and includes
(a) The IGST tax charged on Import of goods;
(b) The Tax payable U/S 9(3) & (4) i.e RCM
(c) The Tax payable u/s 5(3) & (4) of the IGST Act; i.e RCM, or
(d) The Tax payable U/S 9(3) & (4) of the Respective SGST Act; i.e RCM, or
(e) The Tax payable U/S 7(3) & (4) of the UTGST Act, i.e RCM,
But does not include the tax paid under the composition levy U/S 10;
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(71) Location of the supplier of services
(b) where a supply is made from a place Location of such fixed establishment
other than Registered Place
(c) where a supply is made from more The location of the establishment most
than one establishment, directly concerned with the provisions of
the supply
(d) in absence of such places The location of the usual place of
residence of the supplier
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PLACE OF SUPPLY OF GOODS OR SERVICES OR BOTH
Section 10. (1) The place of supply of goods, other than supply of goods imported into, or
exported from India, shall be as under, (IGST ACT)
b) When Goods are supplied by transfer of Principal place of business of third person on whose
documents during movement of Goods direction Goods were supplied to another person
c) When movement of Goods is not involved Location of Goods at the time of delivery
(like sale of Goods at Mall/Showroom)
e) When Goods are supplied on board a Location at which such Goods are taken on board
conveyance (like food supplied by Indian Railways on journey)
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(73) Market Value shall mean The Full Amount which a Recipient of a supply is
required to pay in order to obtain the goods or services or both of like kind and quality
at or about the same time and at the same commercial level where the Recipient and the
supplier are not related;
(74) Mixed supply means Two or more individual supplies of goods or services,
or any combination thereof, made in conjunction with each other by a taxable person
for a single price where such supply does not constitute a composite supply;
Illustration: Sale of Brush with Tooth Paste, Shampoo with Soap, Comb with Hair Oil etc.
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CHAPTER III
Levy And Collection of TAX
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SCHEDULE III
[Section 7]
ACTIVITIES OR TRANSACTIONS WHICH SHALL BE TREATED NEITHER
AS A SUPPLY OF GOODS NOR A SUPPLY OF SERVICES
1. Services by an employee to the employer in the course of or in relation to his
employment.
2. Services by any court or Tribunal established under any law for the time being in force.
3. (a) the functions performed by the Members of
Parliament/State/Legislature/Panchayats/ Municipalities/Local authorities;
(b) the duties performed by any person who holds any post in pursuance of the provisions
of the Constitution in that capacity; or
(c) the duties performed by any person as a Chairperson or a Member or a Director in a
body established by the Central Government or a State Government or local authority
and who is not deemed as an employee before the commencement of this clause.
4. Services of funeral, burial, crematorium or mortuary including transportation of the
deceased.
5. Sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building.
6. Actionable claims, other than lottery, betting and gambling.
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IGST ACT-CHAPTER III
Section 5 Levy And Collection of Tax
5(1) Subj. to the Provisions of (2), There shall be Levied a Tax called IGST on
All INTER-STATE SUPPLIES.
Except Alcoholic Liquor for Human consumption,
On the Value determined U/S 15 of CGST Act.
Provided that, IGST on Goods Imported Into India Shall be levied & collected in
accordance with the provisions of Section3 of CTA 1975, As per Custom Valuation.
5(2) Provided that, IGST on Petroleum & Gases shall be levied later on, as may be
notify.
5(3) RCM; The govt. on the recommendations of the Council, may notify specific
categories of Supplies on which Tax shall be paid on Reverse charges basis.
5(4) If goods are supplied by Non Registered Person to Registered, IGST shall be paid
by such Registered Person, i.e Recipient under RCM.
5(5) Govt. May notify on the recommendation of the Council, Specific Categories of
Service, The tax on Inter-State Supplies of which shall be paid by E-Commerce
operator, if such services are supplied through it.
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IGST ACT-Chapter IV
Section 7 Determination of Nature of Supply
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Chapter IV Time And Value of Supply
Section 12(1): Liability to Pay Tax on Supply of Goods
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Section 12(3) TOS in RCM, in case of
SUPPLY OF GOODS
a) Date of Receipt of GOODS,OR
b) Earlier of DOP entered in BOA of Recipient,
OR DOP is Dr in Bank A/c of Recipient, OR
c) Date Immediately following 30 Days from the
DOI of Invoice, WEE
Provided that, where it is not possible to
determine the TOS under Clause(a),(b) & (c),
Shall be the DOE in BOA of Recipient.
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Section 12(4)/13(4) TOS in case of Supply
of Vouchers by supplier, shall be
IF Supply Identifiable DOI of Voucher,
Supply Not Identifiable DOR of Voucher
SECTION 12(5)/13(5) SECTION 12(6)/13(6)
Where TOS Cant be TOS in Case of Interest, Late
determined under the Fee, or Penalty for Delayed
Provisions of Sub Sections Payment of Any
(2),(3),(4), The TOS Shall be Consideration, Shall Be -
YES NO
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Section 13(3) TOS in RCM, in case of
SUPPLY OF SERVICE
a) Earlier of DOP entered in BOA of Recipient, OR DOP is
Dr in Bank A/c of Recipient, OR
b) Date Immediately following 60 Days from DOI of
Invoice by supplier, WEE
Provided that, where clause (a) & (b) do not follow,
The DOE in BOA of Recipient.
Provided further that, if Supply by Associated
Enterprises (Located O/S India),The TOS Shall be,
Earlier of Following
a) DOE in BOA of Recipient, OR
b) DOP, WEE
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Section 14 Change in Rate of Tax
CASE-1 Change TOS CASE-4 Change TOS
SUPPLY BEFORE EARLIER SUPPLY AFTER EARLIER
ROP INVOICE BEFORE ROP
INVOICE AFTER
DOI DOI
PAYMENT AFTER PAYMENT BEFORE