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GST - New (2020) - UPDATED PDF
GST - New (2020) - UPDATED PDF
SERVICE TAX
GST- ONE NATION ONE TAX
Introduction to indirect taxes
Constitutional provision for indirect taxes
Unit -1 Concept of supply
Following
Composite and mixed supply
Services under GST
topics are Levy and charge
covered:-
Procedure for registration
Taxable person
Payment of tax
PRIMARY SOURCE OF REVENUE FOR GOVERNMENT.
Direct
Taxes
Indirect
Imposed on a person Paid directly to govt
• A task force that was headed by Vijay L. Kelkar the advisor to the finance
ministry, indicated that the existing tax structure had many issues that
2004 would be mitigated by the GST system.
• The finance minister set 1 April 2010 as the GST introduction date.
2006
India’s new finance minister, Arun
Jaitley, submits the Constitution The Congress-led opposition finally
(122nd Amendment) Bill, 2014 in the agrees to the Government’s proposal
parliament. The opposition on the four broad amendments to
demanded that the Bill be sent for the Bill. The Bill was passed in the
discussion to the standing committee. Rajya Sabha.
The GST Council also finalized on the GST rates and GST
rules. The Government declares that the GST Bill will be
applicable from 1 July 2017
The Constitution provides for clear
division of powers in respect of
The Constitution needs to be
taxation between the Centre and
amended to provide for giving
states. While the Centre at present
power to both the Centre and
does not have the right to tax sale
states in respect of GST, a single
of goods, except in the case of
tax on goods and services.
inter-state sale, states cannot levy
tax on services.
Article 246 of the Indian Constitution, distributes
legislative powers including taxation, between the
Parliament of India and the State Legislatures;
Schedule VII enumerates the subject matters on
which the Parliament and State Legislature have the
powers to make laws in three lists:
List I (Union List);
List II (State List); and
List III (Concurrent list)
Article Article
246 A 279 A
Article
Article 366
269 A (12A)
GST is an Indirect Tax which has replaced many Indirect
Taxes in India. The Goods and Service Tax Act was passed
in the Parliament on 29th March 2017. The Act came into
effect on 1st July 2017; Goods & Services Tax Law in India is
a comprehensive, multi-stage, destination-based tax that is
levied on every value addition.
Composite Supply
A supply comprising of two or more goods/services, which are
necessarily supplied in conjunction with each other as per frequent
business practices followed in that area. In other words, these items
cannot be supplied individually. There is a principal supply and a
secondary supply in the whole transaction. In such cases, the tax
rate on principal supply will apply on the entire supply.
E.g. Buying a Dry Fruit Gift Box for Diwali. It includes dry fruits, a box
and a wrapper. Box and wrapper cannot be sold individually
without the main content which is dry fruit. This is composite supply.
Composite
supply
Mixed Supply
A supply comprising of two or more goods/services, wherein the
supplies are independent of each other and are not necessarily
required to be sold together is called a mixed supply. The first
condition to be met for mixed supply is that ‘it should not be a
composite supply’. In such cases, the tax rate that is higher of the two
supplies will be applicable to the entire supply.
E.g Buying a Christmas package consisting of cakes, aerated drinks,
chocolates, Santa caps and other gift items. Each of these items can
be sold separately and are not dependent on each other. This is mixed
supply.
Mixed
Supply
Levy and
charge of
GST
Levy
Stages of
tax Assessment
collection
collection
Section 9(1) of CGST Act, 2017 provides that there shall be levied of tax called Central
Goods and Services Tax on all intra-State supplies of goods or services or both, except
on the supply of alcoholic liquor for human consumption, on the value determined
under section 15 of the CGST Act, 2017 and at such rates, not exceeding 20%, as may
be notified by the Government on the recommendation of the Council and collected
in such manner as may be prescribed and shall be paid by the taxable person. It
means maximum GST rate not exceeding 40% (i.e. CGST 20% and SGST 20%) on all
intra-state supplies of goods or services.
Section 5(1) of IGST Act, 2017, provides that there shall be levied of a tax called
Integrated Goods and Services Tax (IGST) on all inter-State supplies of goods or
services or both at such rates not exceeding 40%. IGST on goods imported into India
shall be levied and collected in accordance with the provisions of Section 3 of the
Customs Tariff Act, 1975.
Section 9(2) of CGST Act, 2017, GST will be levied on the supply of
(Memory Technique MAN –HP)
Petroleum crude,
High speed diesel,
Motor spirit (commonly known as petrol),
Natural gas and
Aviation turbine fuel
Shall be levied with effect from such date as may be notified by the
Government of India on the recommendation of the GST Council
(similar provision under section 5(2) of IGST Act, 2017).
Section 9(3) of CGST Act, 2017 the Government may, on the recommendation of the
GST Council, may notify categories of supply of goods or services or both, the tax on
which shall be paid on reverse charge basis (similar provision under section 5(3) of
IGST Act, 2017).
Section 9(4) of CGST Act, 2017, central tax (i.e. CGST) in respect of the supply of
taxable goods or services or both by a supplier, who is not registered, to a registered
person shall be paid by such person on reverse charge basis as the recipient (Similar
provision under section 5(4) of IGST Act, 2017). This provision suspended till date.
Section 9(5) of CGST Act, 2017 Electronic Commerce Operator (ECO) is
liable to pay tax. If ECO does not have a physical presence in the taxable
territory, any person representing such electronic commerce operator for
any purpose in the taxable territory shall be liable to pay tax. Provided
further that where an ECO does not have a representative in the taxable
territory, such ECO shall appoint a person in the taxable territory for the
purpose of paying tax and such person shall be liable to pay tax (similar
provision under section 5(5) of IGST Act, 2017)
Composition Scheme The Government of India provides for simplified and easy of
doing business scheme for payment of taxes and filling of returns to certain
categories of taxable person. As a result such taxable person is not required to
maintain elaborate records and filing detailed returns. Section 10 of the CGST Act,
provides for composition levy to such person.
As per Section 10(1) of CGST Act, 2017, Registered person,
whose aggregate turnover in the financial year did not
exceed ` 1.5crore (` 75 Lakhs for north-eastern states), may
opt to pay composition levy. (vide notification No. 46/2017
- Central Tax, Dt.-13/10/2017). Note: North eastern states
includes
1. Arunachal Pradesh;
3. Manipur
4. Meghalaya
5. Mizoram;
6. Nagaland;
7. Sikkim;
8. Tripura;
Memory Technique …TAN – SUM3
Exempt Supply: As per Section 2(47) of CGST Act, 2017
“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 under section 6 of
the Integrated Goods and Services Tax Act, and includes
non-taxable supply;
Exempt supply includes the supply of following type of
goods and services:
(a) Supply attracting nil rate of tax;
(b) Supplies wholly exempt from tax;
(c) Non-taxable supply;
Registration will confer the following advantages to a
taxpayer:
He is legally recognized as supplier of goods or services.
He is legally authorized to collect tax from his customers
and pass on the credit of the taxes paid on the goods or
services supplied to the purchasers/ recipients.
He can claim input tax credit of taxes paid and can utilize
the same for payment of taxes due on supply of goods or
services.
Seamless flow of Input Tax Credit from suppliers to
recipients at the national level.
MMT -N SUM -PAT Others
Persons Not Liable to be Registered
U/Sec. 23
Goods or Services
Not liable to tax or Notified Categories of persons
Wholly exempt from tax
Agriculturist
On supply of produce out
of cultivation
Compulsory Registration sec 24
01-09-2020
Person making any inter-state Supply between two
taxable supply states
Supplier of Services
Person who required to pay tax through ECO Exempt
under section 9(5) 65/2017
Compulsory Registration sec 24 Cont…
01-09-2020
Non resident taxable person making
taxable supply
01-09-2020
SUPPLIER THROUGH ECO LIABLE TO TCS
NOTIFIED PERSONS
Procedure of Registration (SEC25)
STEP 1 : Submission of all documents in the portal in
FORM GST REG-01.
STEP 3 : The application shall be forwarded to the proper officer who shall examine
the application and the accompanying documents and if the same are found to be
in order, approve the grant of registration to the applicant within a period of 3
working days from the date of submission of the application.
The person shall submit a reply to FORM GST REG-04 within a period of 7 working
days from the date of the receipt of such notice.
STEP 4 : When no reply is submitted or where the proper officer is not satisfied with the clarification,
information or documents, the application shall be rejected and the reasons are to be recorded in
writing and communicated to the applicant in FORM GST REG-05.
• If no action is taken by the officer, within 3 working days from date of application or within 7 working
days of receipt of clarification, the application shall be deemed to be approved. The certificate of
registration shall be made available on the common portal within 3 working days.
01-09-2020
• Registration deemed to have been granted if the officer fail to take any action within
3 working days from the date of submission of application
• In case of deficient is found and if it is replied within specific time limit, the registration
shall be either granted or deemed to be granted upon expiry of 7 working days
How to Register on the GST Portal?
Access https://www.gst.gov.in/ URL. The GST Home page is displayed
Click Services > Registration > New Registration option. Alternatively, you can also click
REGISTER NOW link.
Who is a Casual Taxable Person under GST?
A person who occasionally supplies goods and/or services in a territory where
GST is applicable, but he does not have a fixed place of business. Such a
person will be treated as a casual taxable person as per GST.
Example: A person who has a place of business in Bangalore supplies taxable
consulting services in Pune where he has no place of business would be
treated as a casual taxable person in Pune.
Who is a Non-Resident Taxable person under GST?
When a non-resident occasionally supplies goods/services in a territory where
GST applies, but he does not have a fixed place of business in India. As per
GST, he will be treated as a non-resident taxable person. It is like above
except the non-resident has no place of business in India.
Casual and Non-Taxable person
U/Sec. 27
Given a registration for specific period or 90 days whichever is earlier
01-09-2020
▪
01-09-2020
▪ VOLUNTARY CANCELLATION due to:
• Discontinuation of business
• Change in constitution of business
• No longer required to be registered
under Section 22 or Section 24
Cancellation of Registration Sec 29
Cont…
01-09-2020
CANCELLATION BY DEPARTMENT DUE TO:
01-09-2020
• A person who has taken registration voluntary has not
commenced the business within 6 months from the date
of registration
• Registration has been obtained by means of fraud, wilful
misstatement, suppression of facts
E-FPB stands for Electronic Focal Point Branch. These are branches of
authorized banks which are authorized to collect payment of GST.
Each authorized bank will nominate only one branch as its E-FPB for
pan India Transactions. The E-FPB will have to open accounts under
each major head for all governments. Total 38 accounts (one each
for CGST, IGST and one each for SGST for each State/UT Govt.) will
have to be opened. Any amount received by such E-FPB towards
GST will be credited to the appropriate account held by such EFPB.