Professional Documents
Culture Documents
COURSE WRITER
Prof. Prashant Ubarhande Dr. Priyanka Bobade
EDITOR
Ms. Barnalee Handique
Acknowledgement
Every attempt has been made to trace the copyright holders of materials reproduced in this book. Should any
infringement have occurred, SCDL apologises for the same and will be pleased to make necessary corrections
in future editions of this book.
PREFACE
Indirect taxation viz-a-viz GST Law comprises probably the most important pieces of legislations in
the country. At the same time, these are the acts, which have a very great sensitivity effect on virtually
all the citizens of the country. These acts are one of the most dynamic legislations in the country. In
this SLM, an attempt has been made to incorporate the current status on the acts as applicable at the
time of writing the content.
Units in this book are an attempt to explain each of the major aspect of GST Law of the indirect
taxation regime being followed in the country. Considering the complexities involved in the various
provisions of the Law, discussing all the provisions of the law in total detail has become very difficult.
As such, we have restricted ourselves to the main provisions of the Law.
We are thankful to Symbiosis Centre for Distance Learning for providing us this opportunity to reach
out to a very wide spectrum of readership and Institute of Chartered Accountants of India too.
All attempts have been made to incorporate the latest status of the provisions of the law. Similarly,
all attempts have been made to make the text error-free. However, some omissions may still be
remaining. We would be grateful if they can be pointed out so that necessary corrections can be made
in the subsequent editions.
We sincerely hope that this book will be interesting and useful and will help students and readers to
learn this subject in a more meaningful and useful manner.
iii
ABOUT THE AUTHOR
Mr. Prashant Ubarhande has rich experience in academics and industry. He is a qualified UGC
NET (Management), MBA, His areas of research are Portfolio Management, Risk and credit
analysis, e- Financial Services and Corporate Finance and Taxes. He has presented papers at national
and international conferences on Banking, Finance and Economics.
Dr. Priyanka Bobade has completed PhD. in Commerce under Department of Management and UGC
NET Financial Management. She has also completed MBA in Financial Management and PGDCCA.
She has a rich experience in academics and industry. Her areas of research interests are Corporate
Finance, e- Financial Services, Accounting, Portfolio Management and Taxes. She has presented
various papers at national and international conferences on Banking, Finance and Economics.
iv
CONTENTS
v
Unit No. TITLE Page No.
3 Registration 23-32
3.1 Introduction
3.2 Registration under GST
3.2.1 Persons requiring registration
3.2.2 Time limit for registration
3.2.3 Other aspects
3.2.4 Special provisions relating to casual taxable person and non-
resident taxable person
3.2.5 Benefits of Registration under GST
3.3 Registration Process
3.3.1 Documents for GST Registration
Summary
Keywords
Self-Assessment Question
Answers to check your progress
Suggested Reading
4 Processes under GST I 33-48
4.1 Introduction
4.2 Invoice
4.3 Debit & credit Note
4.4 Valuation of Taxable supply of Goods and Services
4.5 Maintenance of Records & Books
Summary
Keywords
Self-assessment questions
Answer to check your progress
Suggested reading
vi
Unit No. TITLE Page No.
5 Processes under GST II 49-58
5.1 Introduction
5.2 Filing of Returns
5.3 Payment of Taxes
5.4 Conditions for Availment of Input Tax Credit by a Registered
Taxable Person
5.5 Refunds
Summary
Keywords
Self-assessment questions
Answer to check your progress
Suggested reading
6 Offences and Penalties under GST 59-74
6.1 Introduction
6.2 Offences under GST
6.3 Procedure for compounding of offences
6.4 Penalties under GST
6.4.1 Penalties For fraud
6.4.2 Penalties For other cases (no intention of fraud or tax
evasion)
6.5 Statutory Provision of Penalty for certain offences
6.6 Punitive provisions of GST law
6.7 Comparative review of earlier central laws and GST
Summary
Keywords
Self-assessment questions
Answer to check your progress
Suggested reading
vii
Unit No. TITLE Page No.
7 Appeals and Revisions 75-88
7.1 Introduction
7.2 What is an Appeal and what are disputes
7.3 Appellate Mechanism
7.4 Steps and General rules for filing GST appeals
7.4.1 Cases where Appeal cannot be filed
7.4.2 Decision which can be appealed against
7.5 Concept of authorised representative
7.5.1 Can an authorized representative appear in court for appeal
7.6 Second level Appeals before Tribunal
7.6.1 Concept of pre-deposit
7.6.2 Appeals by the Department (CGST/SGST) before the AA/
Tribunal
7.6.3 Revision by Commissioner (CGST/SGST)
7.7 Third level Appeal to the High Court
7.8 Fourth level Appeal to the Supreme Court
7.9 Rules of CBEC for - Appeals and Revision
Summary
Keywords
Self-assessment questions
Answer to check your progress
Suggested reading
viii
Unit No. TITLE Page No.
9 Rates and Impact of GST 135-192
9.1 Introduction
9.2 Goods at 18% Rate
9.3 Goods at 28% Rate
9.4 Impact of GST on Manufacturing Sector
9.5 Impact of GST on Service Sector
Summary
Keywords
Self-assessment questions
Answer to check your progress
Suggested reading
ix
x
Introduction to GST I
UNIT
1
Structure:
1.1 Introduction
1.2 What is GST
1.3 History of GST
1.4 Constitutional Amendments
1.5 Advantages of GST
1.6 Components of GST
Summary
Keywords
Self-assessment questions
Answer to check your progress
Suggested reading
Introduction to GST I 1
Notes
Objectives
----------------------
After going through this unit, you will be able to:
----------------------
●● Learn the basics of GST law.
----------------------
●● Understand the constitutional amendments and advantages of introduction
---------------------- of the GST law.
----------------------
---------------------- The Goods and Services Tax has revolutionized the Indian taxation
system. The GST Act was passed in the Lok Sabha on 29th March, 2017, and
---------------------- came into effect from 1st July, 2017.
---------------------- In this unit, we will understand the basics of GST law and take a closer
look at what changes does GST will bring in the taxation system in India.
----------------------
---------------------- GST (Goods & Services Tax) Law in India is a multi-stage, comprehensive
and destination-based tax that will be levied on every transaction, goods and
---------------------- services where there is value addition.
---------------------- In other words we can say that, GST is a type of indirect tax which can be
levied on the supply of goods and services. Also GST Law has replaced many
---------------------- indirect taxes that previously existed in Indian tax system.
---------------------- Before the introduction of GST law the indirect tax structure was as
follows:
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
Source: Indirect Taxes Committee, ICAI
---------------------- As stated the GST law is a multi-stage, comprehensive and destination-
---------------------- based tax, following points will highlight the same:
2 Indirect Taxation
a. Multi-stage: Notes
There are multiple stages through which an item goes along its supply
----------------------
chain for instance during its transportation from manufacture to final
consumer. At every stage some or more value is added to the commodity. ----------------------
However this is not mandatory to add the value at every stage. But we can
say that there exists different stages through which the commodity pass ----------------------
till its consumption. These stages can be summarised as follows:
----------------------
----------------------
Sale of the ----------------------
le to the end
product to the
consumer
retailer ----------------------
----------------------
Since, Goods and Services Tax is levied on each of these stages, we can
say it makes GST a multi-stage tax. ----------------------
b. Destination-Based
----------------------
GST a destination based tax, Consider goods manufactured in Gujrat and
are sold to the final consumer in Maharashtra. Since Goods & Service Tax ----------------------
(GST) is levied at the point of consumption, in this case Maharashtra, the ----------------------
entire tax revenue will go to Maharashtra,
c. Value Addition ----------------------
The manufacturer who makes textile buys cotton. The value of cotton ----------------------
gets increased when the cotton is woven into a cloths.
----------------------
The manufacturer then sells the cloths to the retailer/agent who attaches
labels and tags to each item. That is another addition of value after which ----------------------
the warehouse sells it to the consumer by adding value to it.
----------------------
Consider following image which explains the above example:
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
GST will be levied on these value additions i.e. the monetary worth added
at each stage to achieve the final sale to the end customer. ----------------------
Introduction to GST I 3
Notes 1.3 HISTORY OF GST
---------------------- The implementation of the Goods and Services Tax (GST) in India was
a historical move, as it marked a significant indirect tax reform in the country.
----------------------
The amalgamation of a large number of taxes (levied at a central and state level)
---------------------- into a single tax is expected to have big advantages.
The journey of this law is described below:
----------------------
a. The idea of moving towards GST was first mooted by the then Union
---------------------- Finance Minister in his Budget speech for 2006-07.
---------------------- b. Initially, it was proposed that GST would be introduced from 1st April
2010.
----------------------
c. The Empowered Committee of State Finance Ministers (EC) which had
---------------------- formulated the design of State VAT was requested to come up with a
roadmap and structure for GST. Joint Working Groups of officials having
---------------------- representatives of the States as well as the Centre were set up to examine
---------------------- various aspects of GST and draw up reports specifically on exemptions
and thresholds, taxation of services and taxation of inter-State supplies.
----------------------
d. Based on discussions within and between it and the Central Government,
---------------------- the EC released its First Discussion Paper (FDP) on the GST in November,
2009. This spelt out features of the proposed GST and has formed the
---------------------- basis for discussion between the Centre and the States so far.
---------------------- e. The introduction of the Goods and Services Tax (GST) is a very significant
step in the field of indirect tax reforms in India. By amalgamating a large
---------------------- number of Central and State taxes into a single tax, GST will mitigate ill
effects of cascading or double taxation in a major way and pave the way
----------------------
for a common national market.
---------------------- f. From the consumers’ point of view, the biggest advantage would be in
terms of reduction in the overall tax burden on goods, which is estimated
----------------------
to be around 25%-30%. It would also imply that the actual burden of
---------------------- indirect taxes on goods and services would be much more transparent to
the consumer.
----------------------
g. Introduction of GST would also make Indian products competitive in the
---------------------- domestic and international markets owing to the full neutralization of
input taxes across the value chain of production and distribution. Studies
---------------------- show that this would have a boosting impact on economic growth.
---------------------- h. GST, because of its transparent and self-policing character, would be
easier to administer. It would also encourage a shift from the informal to
---------------------- formal economy.
---------------------- i. The GST law was introduced and is in force from 1st July 2017.
----------------------
----------------------
4 Indirect Taxation
Following picture gives the insight into the history of GST Law: Notes
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
1.4 CONSTITUTIONAL AMENDMENTS
----------------------
In order to address prevalent issues in taxation, the Constitution 122nd
Amendment Bill was put forth in the 16th Lok Sabha on 19 Dec 2014. ----------------------
• The Bill suggests levy of GST on all goods and services, except alcohol ----------------------
that humans consume.
----------------------
• The tax is levied as Dual GST by the Centre and states/union territories.
The component levied by the Centre is Central Tax - CGST, while that ----------------------
levied by the state is State Tax - SGST. The tax levied by union territories
is Union Territory Tax - UTGST. ----------------------
• The Centre would levy the GST on inter-state trade or imports of services ----------------------
and goods. This tax is referred to as Integrated Tax - IGST.
----------------------
• The Central Government will also levy excise duty on tobacco products,
in addition to GST. ----------------------
• The tax on five petroleum products, i.e., high speed diesel, crude, petrol, ----------------------
natural gas, and Aviation Turbine Fuel (ATF) will be outlined later after a
decision is made by the GST Council. ----------------------
Introduction to GST I 5
Notes September 2016: A Goods and Services Tax Council (GSTC) was created
by the union finance minister, revenue minister, and ministers of state to take
---------------------- decisions on GST rates, thresholds, taxes to be subsumed, exemptions, and
other features of the taxation system. The state finance ministers mentioned
---------------------- that the EC would be a platform for states where there would be discussions of
---------------------- their regional issues. The GST Council is a separate entity that would oversee
the implementation of the GST system.
----------------------
---------------------- Activity 1
----------------------
1.5 ADVANTAGES OF GST
----------------------
Before GST, tax on tax was calculated and tax was paid by every purchaser
---------------------- including the final consumer. The taxation on tax is called the Cascading Effect
---------------------- of Taxes.
GST is to improve the collection of taxes as well as boost the development
---------------------- of Indian economy by removing the indirect tax barriers between states and
---------------------- integrating the country through a uniform tax rate.
Following example will justify this argument:
----------------------
Say a shirt manufacturer pays ` 100 to buy raw materials. If the rate of
---------------------- taxes is set at 10%, and there is no profit or loss involved, then he has to pay
` 10 as tax. So, the final cost of the shirt now becomes ` (100+10=) 110.
----------------------
At the next stage, the wholesaler buys the shirt from the manufacturer
---------------------- at ` 110, and adds labels to it. When he is adding labels, he is adding value.
Therefore, his cost increases by say ` 40. On top of this, he has to pay a 10%
----------------------
tax, and the final cost therefore becomes
---------------------- ` (110+40=) 150 + 10% tax = ` 165
---------------------- Now, the retailer pays ` 165 to buy the shirt from the wholesaler because the
tax liability had passed on to him. He has to package the shirt, and when he
---------------------- does that, he is adding value again. This time, let’s say his value add is ` 30.
Now when he sells the shirt, he adds this value (plus the VAT he has to pay the
---------------------- government) to the final cost. So, the cost of the shirt becomes ` 214.5 Let us
---------------------- see a breakup for this:
Cost = ` 165 + Value added
---------------------- = ` 30 + 10% tax
---------------------- = ` 195 + ` 19.5
= ` 214.5
---------------------- So, the customer pays ` 214.5 for a shirt the cost price of which was
---------------------- basically only ` 170 (Rs 110 + ` 40 + ` 30). Along the way the tax liability was
6 Indirect Taxation
passed on at every stage of transaction and the final liability comes to rest with Notes
the customer. This is called the Cascading Effect of Taxes where a tax is paid
on tax and the value of the item keeps increasing every time this happens. ----------------------
Action Cost 10% Tax Total ----------------------
Buys Raw Material @ 100 100 10 110
Manufactures @ 40 150 15 165 ----------------------
Adds value @ 30 195 19.5 214.5
Total 170 44.5 214.5 ----------------------
In the case of Goods and Services Tax, there is a way to claim credit for ----------------------
tax paid in acquiring input. What happens in this case is, the individual who has
paid a tax already can claim credit for this tax when he submits his taxes. ----------------------
In our example, when the wholesaler buys from the manufacturer, he pays ----------------------
a 10% tax on his cost price because the liability has been passed on to him. Then
----------------------
he adds value of ` 40 on his cost price of ` 100 and this brings up his cost to
` 140. Now he has to pay 10% of this price to the government as tax. But he ----------------------
has already paid one tax to the manufacturer. So, this time what he does is,
instead of paying Rs (10% of 140=) 14 to the government as tax, he subtracts ----------------------
the amount he has paid already. So, he deducts the ` 10 he paid on his purchase
----------------------
from his new liability of ` 14, and pays only ` 4 to the government. So, the
` 10 becomes his input credit. ----------------------
When he pays ` 4 to the government, he can pass on its liability to the
----------------------
retailer. So, the retailer pays
` (140+14=) 154 to him to buy the shirt. ----------------------
At the next stage, the retailer adds value of ` 30 to his cost price and ----------------------
has to pay a 10% tax on it to the government. When he adds value, his price
becomes ` 170. ----------------------
Now, if he had to pay 10% tax on it, he would pass on the liability to ----------------------
the customer. But he already has input credit because he has paid `14 to the
wholesaler as the latter’s tax. So, now he reduces ` 14 from his tax liability of ----------------------
Introduction to GST I 7
Notes therefore reduced from ` 214.5 to ` 187, thus reducing the tax burden on the
final customer.
----------------------
Following are the key benefits of the GST
---------------------- 1. The GST system is introduced to create a common national market that
boosts foreign investment.
----------------------
2. The cascading effect of taxation will be mitigated.
----------------------
3. There will be uniformity in laws, rates of tax, and procedures across
---------------------- states.
---------------------- 4. The GST regime is expected to boost manufacturing activities and exports.
This would, in turn, generate more employment and lead to the growth of
---------------------- the economy.
---------------------- 5. Indian products would be more competitive in the international markets.
6. The GST system is likely to improve the overall investment climate in
----------------------
India.
---------------------- 7. Uniformity in the rates of GST will reduce tax evasion to a large extent.
---------------------- 8. The average sales burden experienced by companies is expected to
come down, thereby increasing consumption and boosting subsequent
---------------------- production of goods.
---------------------- 9. GST is a simpler system of taxation with smaller number of exemptions.
---------------------- 10. There are automated and simplified methods for processes such as
registration, refunds, returns, tax payments, etc.
----------------------
11. All interactions will be handled by the common GSTN website.
---------------------- 12. The input tax credit process will be more accurate and transparent, as
electronic matching will be performed.
----------------------
13. The final price of most goods will be lower when taxation is at the new
---------------------- GST rates. There will also be a seamless input tax credit flow between the
manufacturer, retailer, and supplier of service.
----------------------
14. A huge segment of small-scale retailers may be either exempt from tax
---------------------- or may benefit from low tax rates based on the compounding scheme.
---------------------- Consumers will further benefit if purchases are made from these small
retailers.
----------------------
1.6 COMPONENTS OF GST
----------------------
There are three applicable taxes under GST: CGST, SGST & IGST.
----------------------
• CGST: Collected by the Central Government on an intra-state sale (Eg:
---------------------- Within Maharashtra)
---------------------- • SGST: Collected by the State Government on an intra-state sale (Eg:
Within Maharashtra)
----------------------
8 Indirect Taxation
• IGST: Collected by the Central Government for inter-state sale (Eg: Notes
Maharashtra to Gujrat)
----------------------
In most cases, the tax structure under the new regime will be as follows:
Transaction New Taxation Old Taxation Remarks ----------------------
Type Regime Regime ----------------------
Sale within the CGST + VAT + Central Revenue will be shared
State SGST Excise/Service equally between the ----------------------
tax Centre and the State
----------------------
Sale to another IGST Central Sales There will only be one
State Tax + Excise/ type of tax (central) in ----------------------
Service Tax case of inter-state sales.
The Center will then ----------------------
share the IGST revenue ----------------------
based on the destination
of goods. ----------------------
Illustration: ----------------------
A dealer in Maharashtra sells goods to a consumer in Maharashtra worth
----------------------
` 10,000. The GST rate is 18% : comprising CGST of 9% and SGST of 9%.
In such cases, the dealer collects ` 1800 and of this amount, ` 900 will go ----------------------
to the Central Government and ` 900 will go to the Maharashtra government.
----------------------
Now, let us assume the dealer in Maharashtra had sold the goods to a
dealer in Gujarat worth ` 10,000. ----------------------
The GST rate is 18% comprising of only IGST. In such case, the dealer has ----------------------
to charge ` 1800 as IGST. This IGST revenue will go to the Central Government.
----------------------
Check your Progress 1 ----------------------
----------------------
Introduction to GST I 9
Notes Summary
---------------------- ●● he Goods and Services Tax has revolutionized the Indian taxation
T
system.
----------------------
●● Before GST, tax on tax was calculated and tax was paid by every purchaser
---------------------- including the final consumer. The taxation on tax is called the Cascading
Effect of Taxes.
----------------------
●● GST (Goods & Services Tax) Law in India is a multi-stage, comprehensive
---------------------- and destination-based tax that will be levied on every transaction, goods
and services where there is value addition.
----------------------
---------------------- Keywords
---------------------- ●● CGST: Central Goods and Service Tax
●● SGST: State Goods and Service Tax
----------------------
●● IGST: Integrated Goods and Service Tax
----------------------
10 Indirect Taxation
Introduction to GST II
UNIT
2
Structure:
Introduction to GST II 11
Notes
Objectives
----------------------
After going through this unit, you will be able to:
----------------------
●● Understand the concept of Levy and Collection of Tax.
----------------------
●● Define the concept of composition leavy
---------------------- ●● Enumerate the examples of Time of Supply of Goods and Services
----------------------
---------------------- Section 8(1) says that there shall be levied a tax called the Central/State
Goods and Services Tax (CGST/SGST) on all intra-State supplies of goods and/
---------------------- or services on the value determined under section 15 and at such rates as may
be notified by the Central/ State Government in this behalf, but not exceeding
----------------------
14%, on the recommendation of the Council and collected in such manner as
---------------------- may be prescribed.
In terms of Section 9 of the CGST Act, 2017, intra-State supplies are
----------------------
liable to CGST & SGST. In terms of Section 7 of UTGST Act, 2017, intra-State
---------------------- supplies effected by a taxable person located in Union Territory (within the
Union Territory) will be liable to CGST & UTGST.
----------------------
12 Indirect Taxation
Following table gives the detailed Meaning and scope of supply Notes
Section 7 - Meaning and scope of supply ----------------------
Section 7(1) Section 7(1) Section 7(1) Section 7(1) ----------------------
(a) (b) (c) (d)
----------------------
All forms Importation Supplies specified* Activities to be
of supply of of service, treated as supply ----------------------
- To be treated as
goods and / of goods or supply
- for a supplies made without a ----------------------
or services, of services – Sch
consideration consideration
made or II ----------------------
agreed to be - whether or *Schedule I:
made, not ----------------------
1. Permanent transfer
- for a in the / disposal of business ----------------------
consideration course or assets for which ITC
furtherance is availed ----------------------
- in the
of business 2. Supplies between Section 7(2) ----------------------
course or
related persons/
furtherance Activities not ----------------------
distinct persons in the
of business be considered as
course or furtherance ----------------------
supply (Sch-III)
such as: of business (gifts of
less than ` 50,000 ----------------------
- sale, in value in a FY by
employer to employee ----------------------
- transfer,
not to be treated as ----------------------
- barter, Section 7(3)
supply)
- exchange, 3. Supply of goods by / By Notification on ----------------------
to principal to / by recommendation ----------------------
- license,
agent where agent of GST Council
- rental, undertakes to supply / treat activity as ----------------------
receive such goods on • Supply of
- lease or behalf of principal ----------------------
goods and not
- disposal 4. Importation of service ----------------------
service from a • Supply of ----------------------
related person or service and not
from any of his goods ----------------------
other establishments
outside India, in the ----------------------
course or furtherance
----------------------
of business.
Source: Indirect Taxes Committee, ICAI ----------------------
----------------------
----------------------
Introduction to GST II 13
Notes
Check your Progress 1
----------------------
Multiple choice multiple response
----------------------
1. What are different types of supplies covered under the scope of
---------------------- Supply?
(a) Supplies made with consideration
----------------------
(b) Supplies made without consideration
---------------------- (c) Both of the above
---------------------- (d) None of the above
2. What are the factors differentiating Composite Supply & Mixed
----------------------
Supply?
---------------------- (a) Nature of bundling i.e. artificial or natural
---------------------- (b) Existence of Principal Supply
(c) Both of the above
---------------------- (d) None of the above
----------------------
---------------------- Section 7(1) (d) covers the activities to be treated as supply of goods or
supply of services which can be summarised as follows:
----------------------
Sr. Matters Supply of
---------------------- No
1 Transfer
----------------------
(a) Any transfer of title in goods Goods
---------------------- (b) Any transfer of right in goods or undivided share in Services
goods without the transfer of title thereof
----------------------
(c) Any transfer of title in goods wherein the property in Goods
---------------------- goods will pass at a future date upon payment of full
consideration as agreed
----------------------
2 Land and Building
---------------------- (a) Any lease, tenancy, easement, licence to occupy land Services
(b) Any lease or letting out of the building including a Services
----------------------
commercial, industrial or residential complex for
---------------------- business or commerce, either wholly or partly,
3 Any treatment or process on another person’s goods Services
----------------------
4 Transfer of business assets
---------------------- (a) Transfer / Disposal of goods so as to no longer to form Goods
part of business assets, whether or not for a consideration
----------------------
14 Indirect Taxation
Sr. Matters Supply of Notes
No
----------------------
(b) Goods are put to any private use or are used, or made Services
available to any person for use, for any purpose other ----------------------
than a purpose of the business, whether or not for a
consideration ----------------------
(c) Any person ceases to be a taxable person, any goods Goods ----------------------
forming part of assets of any business carried on by
him – shall be deemed to be supply in the course or ----------------------
furtherance of his business immediately before he ceases
to be a taxable person, except – ----------------------
(a) Business is transferred as a going concern to ----------------------
another person; or
----------------------
(b) Business is carried on by a personal representative
who is deemed to be a taxable person ----------------------
5 Following to be treated as Supply of Services
----------------------
(a) Renting of immovable property
(b) Construction of a complex, building, civil structure or a part thereof, ----------------------
including a complex or building intended for sale to a buyer, wholly
or partly, except where the entire consideration has been received after ----------------------
issuance of completion certificate, where required, by the competent ----------------------
authority or before its first occupation, whichever is earlier.
Construction includes additions, alterations, replacements or remodeling ----------------------
of any existing civil structure
----------------------
(c) Temporary transfer or permitting the use or enjoyment of any intellectual
property right ----------------------
(d) Development, design, programming, customization, adaptation,
----------------------
upgradation, enhancement, implementation of information technology
software ----------------------
(e) Agreeing to the obligation to refrain from an act, or to tolerate an act or
a situation, or to do an act ----------------------
(f) Transfer of the right to use any goods for any purpose (whether or not ----------------------
for a specified period) for cash, deferred payment or other valuable
consideration ----------------------
6 Following Composite Supplies to be treated as Supply of Services ----------------------
(a) Works Contract as per Sec. 2(119) of CGST Act
“works contract” means a contract for building, construction, ----------------------
fabrication, completion, erection, installation, fitting out, improvement, ----------------------
modification, repair, maintenance, renovation, alteration or
commissioning of any immovable property wherein transfer of property ----------------------
in goods (whether as goods or in some other form) is involved in the
execution of such contract; ----------------------
----------------------
Introduction to GST II 15
Notes Sr. Matters Supply of
No
----------------------
(b) Supply, by way of or as part of any service or in any other manner
---------------------- whatsoever, of goods, being food or any other article for human
consumption or any drink (other than alcoholic liquor for human
---------------------- consumption), where such supply or service is for cash, deferred
payment or other valuable consideration.
----------------------
Illustration: Restaurant Services or Catering Services
---------------------- 7 Supply of goods by any unincorporated AOP or BOP to a member
thereof for cash, deferred payment or other valuable consideration
----------------------
shall be treated as supply of goods
----------------------
2.4 ACTIVITIES NOT TO BE TREATED AS SUPPLY
----------------------
a. Activities under Section 7(2)(a)
----------------------
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) functions performed by the M.Ps, Members of State
---------------------- Legislature, Members of Panchayats, Members of
Municipalities and Members of other local authorities
----------------------
(b) Duties performed by any person who holds any post in
---------------------- pursuance of the provisions of the Constitution in that capacity
---------------------- (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 Construction Activity of Schedule II,
---------------------- sale of building
---------------------- 6. Actionable claims, other than lottery, betting and gambling
----------------------
16 Indirect Taxation
c. Exemptions to the concept of Supply Notes
a. Section 2(47) – “exempt supply” means supply of any goods and/
----------------------
or services
• which attract nil rate of tax; or ----------------------
• which may be exempt from tax under Section 11 or Section 6 ----------------------
of IGST Act and includes non-taxable supply
----------------------
b. Section 2(78) – “non-taxable supply” means a supply of goods and/
or services which is not leviable to tax under this Act or IGST Act ----------------------
c. Section 16(1) of IGST Act – “zero-rated supply” means any of the ----------------------
following supplies of goods and/or services, namely -
• Export of goods and/or services ----------------------
Introduction to GST II 17
Notes • 0.50% of the turnover in other cases
Conditions for Composition:
----------------------
• Permission of Proper Officer required
----------------------
• Registered persons
---------------------- • Aggregate Turnover < ` 75 Lakhs in the preceding FY (all-India basis for
---------------------- taxable persons having same PAN – who shall also opt for composition)
• No stock of goods imported or interstate.
----------------------
---------------------- Activity 1
---------------------- A person availing composition scheme during a financial year crosses the
---------------------- turnover of ` 75 lakhs/50 lakhs during the course of the year i.e. say he
crosses the turnover of ` 75 lakhs/50 lakhs in December? Will he be allowed
---------------------- to pay tax under composition scheme for the remainder of the year i.e. till
31st March?
----------------------
----------------------
2.6 TIME OF SUPPLY OF GOODS AND SERVICES
----------------------
As per Section 12(2) of CGST ACT, time of supply of goods shall be
---------------------- earlier of invoice/ payment which is:
---------------------- ●● Actual date of issue of invoice by the supplier
●● Due date for issue of invoice by the supplier
----------------------
●● Supply involves movement: Time of removal of goods for supply
----------------------
●● Continuous Supply: Date of issue of statement
---------------------- ●● ale on approval basis: Earlier of time at which it becomes known
S
that the supply has taken place OR 6 months from date of removal
----------------------
●● Other cases: Delivery of goods/ making available to the recipient or
---------------------- ●● Notified categories of supplies: Time to be specified by Rules
---------------------- ●● Date on which payment is entered in the books of Accounts of supplier
---------------------- ●● Date on which payment is credited to the supplier’s bank account
Examples:
----------------------
Consider following examples to understand the concept of time of supply in
---------------------- more detail:
----------------------
----------------------
----------------------
----------------------
18 Indirect Taxation
a. Time of Supply of goods Notes
Sr. Section 12(2) Invoice Invoice Payment Credit Time of
----------------------
No. date due date entry in in bank supply
supplier's account ----------------------
books
1 Invoice raised 10-Oct- 20-Oct- 26-Oct-17 30-Oct- 10-Oct- ----------------------
before removal 17 17 17 17
----------------------
2 Advance received 30-Oct- 20-Oct- 10-Oct-17 30-Oct- 10-Oct-
17 17 17 17 ----------------------
3 Delayed issue of 26-Oct- 20-Oct- 26-Oct-17 26-Oct- 20-Oct-
invoice 17 17 17 17 ----------------------
4 Inter-State stock 10-Oct- 20-Oct- 26-Oct-17 - 10-Oct-
transfer 17 17 17 ----------------------
5 Advance received, 30-Oct- 10-Nov- 14-Nov- 30-Oct- 30-Oct- ----------------------
invoice for full 17 17 17 17 17
amount issued ----------------------
on same day
(40% advance, ----------------------
60% post supply ----------------------
payment)
6 Delayed issue of 30-Oct- 05-Nov- 26-Oct-17 10-Nov- 26-Oct- ----------------------
invoice 17 17 17 17
7 Invoice issued 20-Oct- 10-Nov- 26-Oct-17 10-Nov- 20-Oct- ----------------------
prior to delivery 17 17 17 17 ----------------------
b. Time of Supply of Services
----------------------
Sr. Event Time of Supply of Services
No. ----------------------
1 If invoice issued within prescribed Date of issue of Invoice or
time u/s 31(2) - 30 days (45 days in Payment, whichever is earlier ----------------------
case of Banking, Insurance, Financial ----------------------
Institution or NBFC company)
2 If invoice not issued within 30 days Date of completion of service or ----------------------
(45 days in case of Banking, Insurance, payment, whichever is earlier
Financial Institution or NBFC company) ----------------------
3 If both cases do not apply Date on which recipient shows
----------------------
in his books of accounts
Examples: ----------------------
Sr. Section 13(2) Invoice Invoice Payment Credit Time of ----------------------
No. date due date entry in in bank supply
supplier's account ----------------------
books
1 Invoice 10-Oct- 20-Oct- 26-Oct-17 30-Oct- 10-Oct- ----------------------
raised before 17 17 17 17 ----------------------
completion of
service ----------------------
Introduction to GST II 19
Notes Sr. Section 13(2) Invoice Invoice Payment Credit Time of
No. date due date entry in in bank supply
---------------------- supplier's account
books
---------------------- 2 Advance received 30-Oct- 20-Oct- 10-Oct-17 30-Oct- 10-Oct-
---------------------- 17 17 17 17
Contract provides 24-Apr- 24-Apr- 20-Apr-18 24-Apr- 20-Apr-
---------------------- for payments on 18 18 18 18
completion of
---------------------- event. Recipient
to pay within 1
----------------------
month from date
---------------------- of completion
c. Time of Supply of Goods / Services - Reverse Charge – Sec 12(3) /
----------------------
13(3)
---------------------- Where tax liable to be paid on reverse charge basis, the time of supply of
---------------------- goods/services shall be earliest of
●● Date on which payment is entered in the books of recipient
----------------------
●● Date on which payment is debited to the recipient’s bank a/c
---------------------- ●● here it is not possible to determine time of supply in the 3 other cases:
W
---------------------- Date of entry in the books of account of the recipient
●● 31st day (in case of goods) / 61st day (in case of services) from the date of
---------------------- issue of invoice by supplier
---------------------- Note: Last factor is not relevant in case of services from a supplier being an
associated enterprise outside India
----------------------
Examples:
----------------------
Sr. Reverse charge Date of Removal Receipt Payment Time of
---------------------- No. Section 12(3) invoice of goods of goods by supply
issued by recipient
---------------------- supplier
---------------------- 1 General 31-Oct- 31-Oct- 20-Nov- 30-Nov- 20-Nov-
17 17 17 17 17
---------------------- 2 Advance paid 31-Oct- 31-Oct- 20-Nov- 05-Nov- 05-Nov-
17 17 17 17 17
----------------------
3 No payment 31-Oct- 30-Dec- 05-Jan- - 30-Nov-
---------------------- made for the 17 17 18 17
supply
----------------------
General 31-Oct- 31-Oct- 20-Nov- 30-Nov- 20-Nov-
---------------------- 17 17 17 17 17
Advance paid 31-Oct- 31-Oct- 05-Nov- 31-Oct- 05-Nov-
---------------------- 17 17 17 17 17
----------------------
20 Indirect Taxation
Sr. Reverse charge Date of Removal Receipt Payment Time of Notes
No. Section 12(3) invoice of goods of goods by supply
issued by recipient ----------------------
supplier ----------------------
Delay in 31-Oct- 31-Oct- 10-Jan- 31-Oct- 31-Dec-
payment (Max. 17 17 18 17 17 ----------------------
60 days from
----------------------
date of invoice)
Service received 31-Oct- 30-Nov- 05-Apr- 31-Mar- 31-Mar- ----------------------
from associated 17 17 18 18 18
enterprise ----------------------
located outside ----------------------
India (No
time extension ----------------------
allowed)
----------------------
Service by - 30-Nov- - 05-Dec- 05-Dec-
unregistered 17 17 17 ----------------------
person, no
payment made ----------------------
----------------------
Check your Progress 2
----------------------
Multiple choice single response
----------------------
1. Which of the following persons can opt for composition scheme?
(a) Person making any supply of goods which are not leviable to ----------------------
tax under this Act;
----------------------
(b) Person making any inter-State outward supplies of goods;
(c) Person effecting supply of goods through an e-commerce ----------------------
operator liable to collect tax at source ----------------------
(d) None of the above
----------------------
2.
What is the threshold limit of turnover in the preceding financial year
for opting to pay tax under composition scheme? ----------------------
(a) `20 lacs
----------------------
(b) `10 lacs
(c) `50 lacs ----------------------
(d) None of the above ----------------------
----------------------
Summary
●● I n terms of Section 9 of the CGST Act, 2017, intra-State supplies are ----------------------
liable to CGST & SGST.
----------------------
●● he composition levy is an alternative method of levy of tax designed for
T
small taxpayers whose turnover is up to ` 75 lakhs ----------------------
Introduction to GST II 21
Notes Keywords
----------------------
●● omposition levy: Alternative method of levy of tax designed for small
C
---------------------- taxpayers whose turnover is up to ` 75 lakhs.
●● upply: All forms of supply of goods or services or both such as sale,
S
---------------------- transfer, barter, exchange, licence, rental, lease or disposal made or agreed
---------------------- to be made for a consideration by a person in the course or furtherance of
business.
----------------------
----------------------
Check your Progress 2
Multiple choice single response
----------------------
3. Which of the following persons can opt for composition scheme?
---------------------- (d) None of the above
---------------------- 4. What is the threshold limit of turnover in the preceding financial year for
opting to pay tax under composition scheme?
----------------------
(c) ` 50 lacs
----------------------
22 Indirect Taxation
Registration
UNIT
3
Structure:
3.1 Introduction
3.2 Registration under GST
3.2.1 Persons requiring registration
3.2.2 Time limit for registration
3.2.3 Other aspects
3.2.4 Special provisions relating to casual taxable person and non-resident
taxable person
3.2.5 Benefits of Registration under GST
3.3 Registration Process
3.3.1 Documents for GST Registration
Summary
Keywords
Self-Assessment Question
Answers to check your progress
Suggested Reading
Registration 23
Notes
Objectives
----------------------
After going through this unit, you will be able to:
----------------------
●● Understand the process of GST registration
----------------------
●● Understand various documents required for GST registration
----------------------
----------------------
3.1 INTRODUCTION
----------------------
GST refers to Goods and Services Tax which subsumes all taxes such as
---------------------- Sales tax, Service tax, Excise duty etc. into GST. In order to provide relaxation
to small suppliers it is provided that every supplier shall be liable to be registered
---------------------- under this act in the State form where it makes a taxable supply of goods or
---------------------- services if its aggregate turnover in a financial year exceeds ` 9 lacs. However,
this limit is ` 4 lacs for the persons conducting business in NE states including
---------------------- Sikkim.
---------------------- Here, aggregate turnover means the aggregate value of all taxable and
non-taxable supplies, exempt supplies and exports of goods and/or services of
---------------------- a person having the same PAN, to be computed on all India basis and excludes
taxes, if any, charged under the CGST Act, SGST Act and the IGST act, as the
----------------------
case may be. But aggregate turnover does not include the value of supplies on
---------------------- which tax is levied on reverse charge basis and the value of inward supplies.
24 Indirect Taxation
In the situation other than above– Notes
(l) Suppliers liable to be registered where it makes a taxable supply of goods
----------------------
of services if its aggregate turnover in a financial year exceeds ` 9 lacs.
(m) Supplier liable to be registered where it makes a taxable supply of goods ----------------------
of services if its aggregate turnover in a financial year exceeds ` 4 lacs.
----------------------
(For NE states including Sikkim)
(n) Persons who were already registered under the earlier law subject to point ----------------------
(l) and (m) above.
----------------------
(o) Transferee in case where business is transferred.
----------------------
Following table highlights some situations regarding registration –
Situation Nature of supply Registration ----------------------
required ----------------------
1 Taxable inter-state supply Yes
2 Exempted inter-state supply No ----------------------
3 Intra-state supply (upto ` 9 lacs) No
4 Intra-state supply (exceeding ` 9 lacs) Yes ----------------------
5 Intra-state supply (upto ` 9 lacs) No
----------------------
Exempted inter-state supply of any value
6 Casual Taxable person Yes ----------------------
7 Reverse charge – for personal use upto prescribed No
----------------------
limit
8 Reverse charge – for personal use beyond Yes ----------------------
prescribed limit
9 Reverse charge – Other than personal use Yes ----------------------
10 Non-resident persons Yes
11 Persons required to deduct TDS providing intra Yes ----------------------
state supply upto ` 9 lacs ----------------------
12 Input service distributor Yes
13 Agent or the like Yes ----------------------
14 Intra-state supply upto ` 9 lacs Yes
----------------------
As an agent
15 Electronic commerce operator Yes ----------------------
16 Supply through electronic commerce operator – Yes
Branded or otherwise ----------------------
17 Aggregator – supplying services Yes ----------------------
18 Intra-state supply – Exempted ` 5 lacs Yes
Intra-state supply – Taxable ` 5 lacs As the aggregate ----------------------
turnover exceeds ----------------------
` 10 lacs.
3.2.2 Time limit for registration ----------------------
Person liable to take registration under this act shall be liable to take ----------------------
registration within thirty days from the date on which he becomes liable to
registration. ----------------------
Registration 25
Notes Input service distributor, registered in the erstwhile law is not required to
re-register subject to the procedure to be followed by it as prescribed.
----------------------
3.2.3 Other aspects
---------------------- ●● Option available for separate registration for each business vertical
---------------------- ●● Option of voluntary registration is available
●● Every person applying for registration should b having PAN number
----------------------
●● on resident person may be granted registration on any other documents
N
---------------------- as prescribed ion absence of PAN number.
---------------------- ●● Unique Identity number will be allotted to the assessees.
3.2.4 Special provisions relating to casual taxable person and non-resident
---------------------- taxable person
---------------------- ●● egistration certificate issued will be valid for 90 days from the date of
R
registration.
----------------------
●● This period could be further extended to 90 days.
---------------------- ●● uch taxable persons are required to deposit tax in advance on the basis
S
---------------------- of estimated tax liability.
3.2.5 Benefits of Registration under GST
----------------------
GST Registration will give the following advantages to a taxpayer
---------------------- ●● e is authorized to collect taxes from his customers and pass on the credit
H
---------------------- of the taxes paid to them.
●● e can claim Input Tax Credit of taxes paid to his suppliers and can utilize
H
---------------------- the same for payment of taxes due.
---------------------- ●● eamless flow of Input Tax Credit from suppliers to recipients at the
S
national level.
----------------------
26 Indirect Taxation
3. You will receive a temporary reference number on your Mobile and via Notes
E-mail after OTP verification
----------------------
4. You will then need to fill Part-B of Form GST REG-01 duly signed (by
DSC or EVC) and upload the required documents specified according to ----------------------
the business type
----------------------
5. An acknowledgment will be generated in Form GST REG-02
6. In case of any information sought from you and intimated to you in Form ----------------------
GST REG-03, you may need to visit the department and clarify or produce
----------------------
the documents within 7 working days in Form GST REG-04
7. The office may also reject your application if they find any errors. You ----------------------
will be informed about this in Form GST REG-05 ----------------------
8. Finally, a certificate of registration in Finally, a certificate of registration
will be issued to you by the department after verification and approval in ----------------------
Form GST REG-06 ----------------------
3.3.1 Documents for GST Registration
----------------------
●● PAN Card of owner/ directors/ partners
----------------------
●● ill of Electricity/ Telephone, Rent Agreement or Letter of Consent
B
(NOC) ----------------------
●● MOA/ AOA or Partnership Deed
----------------------
●● Letter of Authorisation for signatory
●● Bank statement/ Cancelled Cheque ----------------------
●● Aadhaar Card of owners/ directors/ partners ----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
3.3.2 What is GSTIN ----------------------
----------------------
----------------------
----------------------
----------------------
Registration 27
Notes ●● he first 2 digits of the 15 digit GSTIN will represent the state code. For
T
example: 01 for Jammu and Kashmir, 02 for Himachal Pradesh, 03 for
---------------------- Punjab, etc
---------------------- ●● The next 10 digits will be the PAN of person or entity engaged in Business.
----------------------
Summary
----------------------
●● very supplier shall be liable to be registered under GST Act in the State
E
---------------------- or Union territory, other than special category States, from where he
makes a taxable supply of goods or services or both, if his aggregate
----------------------
turnover in a financial year exceeds twenty lakh rupees
---------------------- ●● I f a person makes taxable supplies of goods or services or both from any
of the special category States, he shall be liable to be registered if his
----------------------
aggregate turnover in a financial year exceeds ten lakh rupees.
---------------------- ●● person, though not liable to be registered under Section 22, may get
A
himself registered voluntarily.
----------------------
---------------------- Keywords
---------------------- ●● GST: The GST is a Value added Tax (VAT) is proposed to be a
comprehensive indirect tax levy on manufacture, sale and consumption
----------------------
of goods as well as services at the national level
---------------------- ●● GSTIN: Refers to GST Identification Number assigned to every GST
registered dealer.
----------------------
●● ST Registration Certificate: GST registration certificate is provided to
G
---------------------- persons registered under the GST Act. Entities in India having an annual
turnover of more than `20 lakhs in most states and `10 lakhs in some
---------------------- states are required to obtain GST registration. In addition to the aggregate
28 Indirect Taxation
turnover criteria, various other criteria’s could also make a business liable Notes
for GST registration.
----------------------
Self-Assessment Questions ----------------------
1. Write Registration Process under GST? ----------------------
2. Which are the documents required for GST registration process?
----------------------
3. Which person eligible for GST Registration?
----------------------
4. Write short note on-
a. Benefits of GST ----------------------
b. GSTIN ----------------------
----------------------
Answers to check your Progress
----------------------
Check Your Progress 1
----------------------
1. Goods and Services Tax which subsumes all taxes such as Sales tax,
Service tax, Excise duty etc. ----------------------
2. Intra-state supply – Exempted ` 5 lacs
----------------------
3. Intra-state supply upto ` 9 lacs as an agent
----------------------
Check Your Progress 2
State True or False ----------------------
1. True ----------------------
2. False ----------------------
3. True
----------------------
----------------------
1. Nitya Tax Associates, August 2016, Basics of GST, Taxman’s
2. Rajat Mohan, July 2017, Illustrated Guide to Goods & Service Tax, ----------------------
Bharat’s
----------------------
3. Abhishek A. Rastogi, August 2017, GST Professional Guide, Taxman’s
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
Registration 29
Notes Annexure
Following is a set of questions commonly arises in the registration process:
----------------------
1. Who is the person liable to take a Registration under the GST Law?
----------------------
Ans. In terms of Sub-Section (1) of Section 22 of the CGST Act, every supplier
---------------------- making taxable supplies is liable for registration if his aggregate turnover
in a financial year exceeds twenty lakh rupees.
----------------------
2. What is the time limit for taking a Registration under GST Law ?
---------------------- Ans. Every person should take a Registration, within thirty days from the date
---------------------- on which he becomes liable to registration, in such manner and subject to
such conditions as may be prescribed. Provided casual taxable person or
---------------------- a non-resident taxable person shall applyfor registration at least five days
prior to the commencement of business.
----------------------
3. If a person is operating in different states, with the same PAN number,
---------------------- whether he operate with a single Registration?
---------------------- Ans. Every person who is liable to take a Registration will have to get registered
separately for each of the States where he has a business operation and is
---------------------- liable to pay GST in terms of Sub-section (1) of Section 25 of GST Law.
---------------------- 4. Whether a person having multiple business verticals in a State can obtain
different registrations?
----------------------
Ans. In terms of Sub-Section (2) of Section 25, a person having multiple
---------------------- business verticals in a State may obtain a separate registration for each
business vertical, subject to such conditions as may be prescribed.
----------------------
5. Is there a provision for a person to get himself registered voluntarily
---------------------- though he may not be liable to pay GST?
---------------------- Ans. In terms of Sub-section (3) of Section 25 a person, though not liable to be
registered under Section 22, may get himself registered voluntarily, and
---------------------- all provisions of this Act, as are applicable to a registered taxable person,
shall apply to such person.
----------------------
6. Is possession of a Permanent Account Number (PAN) mandatory for
---------------------- obtaining a registration?
---------------------- Ans. Every person shall have a Permanent Account Number issued under the
Income Tax.
----------------------
Act, 1961 (43 of 1961) in order to be eligible for grant of registration
---------------------- under Section 22 of the Act.
---------------------- 7. Whether the department through the proper officer, Suo-motto proceed
with registration of a Person under this Act?
---------------------- Ans. In terms of Sub-Section 8 of Section 25, Where a person who is liable to
---------------------- be registered under this Act fails to obtain registration, the proper officer
may, without prejudice to any action that is, or may be taken under this
----------------------
30 Indirect Taxation
Act, or under any other law for the timebeing in force, proceed to register Notes
such person in the manner as may be prescribedSuo-motto.
----------------------
8. When the proper Officer can grant a Certificate for Registration?
Ans. In terms of Sub-Section 10 of Section 25, the registration or the Unique ----------------------
Identity number, shall be granted or rejected after due verification in the
----------------------
manner and within such period as may be prescribed.
9. Whether the Registration granted to any person is permanent? ----------------------
Ans. Yes, the registration Certificate once granted is permanent unless ----------------------
surrendered, cancelled, or revoked.
----------------------
10. What is the validity period of the Registration certificate issued to Casual
Taxable Person and non-Resident Taxable person? ----------------------
Ans. The certificate of registration issued to a “casual taxable person” or a “non- ----------------------
resident taxable person” shall be valid for a period of ninety days from the
effective date of registration. A proviso has been made available in this ----------------------
statute by enshrining a discretionary authority for the proper officer, who
may at the request of the said taxable person, extend the validity of the ----------------------
aforesaid period of ninety days by a further period not exceeding ninety ----------------------
days.
----------------------
11. Is there any Advance tax to be paid by Casual Taxable Person and non-
Resident Taxable person at the time of obtaining Registration under this ----------------------
Special Category?
----------------------
Ans. Yes, it has been made mandatory in the ACT, that a casual taxable
person or a non-resident taxable person shall, at the time of submission ----------------------
of application for registration under sub-section (2) of section 27, make
an advance deposit of tax in an amount equivalent to the estimated tax ----------------------
liability of such person for the period for which the registration is sought.
----------------------
This provision of depositing advance additional amount of tax equivalent
to the estimated tax liability of such person is applicable for the period for ----------------------
which the extension beyond ninety days is being sought.
----------------------
12. Whether amendments to the Registration Certificates issued by the Proper
officer is permissible? ----------------------
Ans. In terms of Section 28, the proper officer may, on the basis of such ----------------------
information furnished either by the Registrant or as ascertained by him,
approve or reject amendments in the registration particulars in the manner ----------------------
and within such period as may be prescribed:
----------------------
13. Whether Cancellation of Registration Certificate is permissible?
----------------------
Ans. Any Registration granted under this Act may be cancelled by the Proper
Officer, on various circumstances and the provisions of the law on this ----------------------
subject have been outlined under Section 29 of the ACT. The proper
officer may, either on his own motion or on an application filed, in the ----------------------
prescribed manner, by the registered taxable person or by his legal heirs,
----------------------
Registration 31
Notes in case of death of such person, cancel the registration, in such manner
and within such period as may be prescribed.
----------------------
14. Whether cancellation of Registration under CGST ACT means cancellation
---------------------- under SGST ACT also?
Ans. The cancellation of registration under the CGST Act /S GST Act shall be
----------------------
deemed to be a cancellation of registration under the SGST Act / CGST
---------------------- Act mutually.
15. Can the proper Officer Cancel the Registration on his own Suo-motto?
----------------------
Ans. Yes, The Proper Officer can cancel the Registration once issued on his
---------------------- own Volition However, such officer must follow the principles of natural
---------------------- justice by issuing a Notice and pass an appealable order.
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
32 Indirect Taxation
Processes under GST I
UNIT
4
Structure:
4.1 Introduction
4.2 Invoice
4.3 Debit & credit Note
4.4 Valuation of Taxable supply of Goods and Services
4.5 Maintenance of Records & Books
Summary
Keywords
Self-assessment questions
Answer to check your progress
Suggested reading
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
34 Indirect Taxation
highlight all the particulars of goods along with details of duty paid Notes
to let the recipient know how much tax has been charged and how
much CENVAT input he can claim on the purchase of the goods. ----------------------
b. Vat Invoice ----------------------
The VAT invoice is issued by registered VAT dealers in the manner ----------------------
as prescribed by the State Vat laws of the respective state of the
supplier. Eg. For a dealer doing business in Maharashtra, he will be ----------------------
required to quote his VAT TIN no.(Tax Identification Number under
MVAT)/ CST no. ----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
---------------------- There is no specified format to issue a debit note, but it can be issued
as a letter or a formal document. It is mostly a document specifying future
---------------------- liability and having commercial implications. They increase the credit period of
a transaction, but are affected after shipping of goods takes place.
----------------------
There can be a situation where a purchaser is returning the goods on
---------------------- account of some quality issues, or shortage of quantities, etc. In such cases also,
a debit note is raised to account for the difference. The physical movement of
---------------------- goods is taking place without any payments actually being made.
---------------------- Debit notes are also helpful in identifying through the books of accounts,
any movement of stocks between the transacting parties. These notes do not
---------------------- have to be paid instantaneously but have to be settled at a later date
---------------------- Debit Notes Under GST
---------------------- GST takes care of all the changes made in a transaction. It is obvious to
have a free flow of credits to the last mile in a GST environment. Hence, dealers
---------------------- and assessees have to follow a tough regime of uploading and updating every
single transaction that they enter into.
----------------------
Since debit notes are a major change to an invoice, they have to be reported
---------------------- separately in the GST returns. Debit notes are explained under section 2(36) of
---------------------- the Model GST Law.
36 Indirect Taxation
Debit notes can be raised in GST under two situations: Notes
1. When the amount of taxable value of the goods changes after issuance of
----------------------
invoice
2. When a number of tax changes after issuance of invoice ----------------------
The following things are to be maintained in the debit note, for proper ----------------------
update and reporting. Although there is no predefined format for the same,
necessary care has to be taken to mention these important details in the debit ----------------------
notes.
----------------------
●● Name and address of the dealer supplying the goods or services
----------------------
●● GST Identification Number (GSTIN) of the supplier
●● Nature of the document – DEBIT NOTE in bold, capital letters. ----------------------
●● Unique serial number assigned to the document ----------------------
●● Date of the document
----------------------
●● Name and address of the recipient of goods or services
●● GST Identification Number (GSTIN) of the recipient ----------------------
●● When the recipient is an unregistered person, then name and address of ----------------------
place of delivery.
----------------------
●● The corresponding original tax invoice to which the debit note relates to
●● Changes in taxable value of the goods or services, or changes in tax ----------------------
amount, as the case may be, for which such debit note is being raised. ----------------------
●● Digital signature for online debit notes or physical signatures for paper-
based documents. ----------------------
The details of debit notes have to be declared in the month following ----------------------
the month on which such debit note has been raised. Debit notes can be issued
anytime without any time limit. ----------------------
What are Credit Notes? ----------------------
Similar to the debit notes, credit notes are issued when there is a ----------------------
downward revision in prices of goods or services supplied. It can be compared
to a negative invoice that has the ability to nullify the effects of an invoice. It ----------------------
offers a reduction in the value of the invoice and thus, reduces the liability of the
purchaser. It is often inflicted with a return of goods to the supplier. It always ----------------------
has a negative impact on the accounting balance in the books of the seller. ----------------------
Sometimes, the purchaser is unhappy with the quality of product shipped
to him. In that case, he shall return the goods to the supplier, and in return, the ----------------------
supplier issues the purchaser, a credit note to the extent of the value of the goods ----------------------
being returned. There is no predefined format in which the credit note has to be
issued; rather it is an intimation to the purchaser about such credit being offered. ----------------------
----------------------
----------------------
---------------------- Activity 1
----------------------
Visit nearby organisation and observe process of preparation debit and credit
---------------------- note for goods.
----------------------
----------------------
----------------------
----------------------
38 Indirect Taxation
Notes
Check your Progress 1
----------------------
Fill in the Blanks
----------------------
1. The ________ becomes a basic document for recording the sale/
purchase in books of accounts. ----------------------
2. __________ are raised in cases where there is a tax invoice issued, ----------------------
but the taxable value of the goods therein changes after such issuance
----------------------
3. Credit notes are defined in section ________ of the Model GST Law
----------------------
4.4 VALUATION OF TAXABLE SUPPLY OF GOODS AND ----------------------
SERVICES
----------------------
Value of Supply
----------------------
Every fiscal statue makes provision for the determination of value as tax
which is normally payable on ad-valorem basis. In GST also, tax is payable ----------------------
on ad-valorem basis i.e percentage of value of the supply of goods or services.
----------------------
Section 15 of the CGST Act and Determination of Value of Supply, CGST Rules,
2017 contain provisions related to valuation of supply of goods or services ----------------------
made in different circumstances and to different persons.
----------------------
Transaction Value
Under GST law, taxable value is the transaction value i.e. price actually ----------------------
paid or payable, provided the supplier & the recipient are not related and price is ----------------------
the sole consideration. In most of the cases of regular normal trade, the invoice
value will be the taxable value. However, to determine value of certain specific ----------------------
transactions, Determination of Value of Supply rules have been prescribed in
CGST Rules, 2017. ----------------------
40 Indirect Taxation
iv. Value of supply determined by using reasonable means consistent with Notes
principles & general provisions of GST law. (Best Judgement method)
However if the recipient is eligible for full input tax credit, the invoice ----------------------
value will be accepted as taxable value. It has also been provided that
where the goods being supplied are intended for further supply as such be ----------------------
the recipient, the value shall, at the option of the supplier, be an amount ----------------------
equivalent to 90% of the price charged for the supply of goods of like
kind and quality by the recipient to his unrelated customer. ----------------------
Value of supply of goods made or received through an agent ----------------------
(a) Open market value of goods being supplied, or, at the option of the
----------------------
supplier, 90% of the price charged for the supply of goods of like kind
and quality by the recipient to his unrelated customer. ----------------------
Illustration:
----------------------
Where a principal supplies groundnut to his agent and the agent is
supplying groundnuts of like kind and quality in subsequent supplies at ----------------------
a price of ` 5000/- per quintal on the day of supply. Another independent ----------------------
supplier is supplying groundnuts of like kind and quality to the said agent
at the price of ` 4550/- per quintal. The value of the supply made by the ----------------------
principal shall be ` 4550/- per quintal or where he exercises the option the
value shall be 90% of the ` 5000/- i.e. is ` 4500/- per quintal. ----------------------
(b) In case value cannot be determined under (a) then following values have ----------------------
to be taken sequentially to determine the taxable value: i. Value of supply
based on cost i.e. cost of supply plus 10% mark-up ii. Value of supply ----------------------
determined by using reasonable means consistent with principles & ----------------------
general provisions of GST law. (Best Judgement method)
Value of supply of services in case of a Pure Agent ----------------------
42 Indirect Taxation
●● Where policy has dual benefits of risk coverage and investment – Taxable Notes
value is gross premium charged less amount allocated for investments or
savings if such allocation is intimated to the policy holder at the time of ----------------------
collection of premium.
----------------------
●● Single premium annuity policy where allocation for investments and
savings is not intimated to the policy holder – taxable value is ten percent ----------------------
of the single premium charged from the policy holder.
----------------------
Other cases- Twenty five percent of premium charged from the policy
holder in the first year and twelve and a half percent of premium charged for ----------------------
subsequent years. However, where insurance policy has benefit of risk coverage
only, then taxable value is entire premium charged from the policy holder. ----------------------
Special provision related to determination of value of second hand goods The ----------------------
taxable value of supply of second hand goods i.e. used goods as such or after
such minor processing which does not change the nature of goods shall be the ----------------------
difference between the purchase price and the selling price, provided no input
tax credit has been availed on purchase of such goods. However, if the selling ----------------------
price is less than purchase price, that negative value will be ignored. Persons ----------------------
who purchase second hand goods after payment of tax to supplier of such goods
will be governed by this valuation rule only when they do not avail input tax ----------------------
credit on such input supply. If input tax credit is availed, then such supply will
be governed by normal GST valuation. ----------------------
----------------------
44 Indirect Taxation
(a) accounts of stock in respect of goods received and supplied; and Notes
such account shall contain particulars of the opening balance,
receipt, supply, goods lost, stolen, destroyed, written off or disposed ----------------------
of by way of gift or free samples and balance of stock including raw
materials, finished goods, scrap and wastage thereof ----------------------
(b) a separate account of advances received, paid and adjustments made ----------------------
thereto
----------------------
(c) an account containing the details of tax payable, tax collected and
paid, input tax, input tax credit claimed together with a register ----------------------
of tax invoice, credit note, debit note, delivery challan issued or
----------------------
received during any tax period
(d) names and complete addresses of suppliers from whom goods or ----------------------
services chargeable to tax under the Act, have been received
----------------------
(e) names and complete addresses of the persons to whom supplies
have been made ----------------------
(f) the complete addresses of the premises where the goods are stored ----------------------
including goods stored during transit along with the particulars of
the stock stored therein ----------------------
46 Indirect Taxation
Summary Notes
●● ST is a single tax on the supply of goods and services, right from the
G ----------------------
manufacturer to the consumer.
----------------------
●● his invoice is issued to registered dealers. It includes particulars of the
T
product, details about the supplier (TIN) & the recipient along with tax ----------------------
charged. A registered purchaser can use this to claim tax credit called as
----------------------
input tax credit.
●● ST takes care of all the changes made in a transaction. It is obvious to
G ----------------------
have a free flow of credits to the last mile in a GST environment. Hence,
----------------------
dealers and assessees have to follow a tough regime of uploading and
updating every single transaction that they enter into ----------------------
●● ST takes care of credit notes as well, just like debit notes. Credit notes
G
have to be issued by a taxable person, where there is a shortage of products ----------------------
supplied and for which there is no payment to be made by the purchaser. ----------------------
Since it has a commercial impact, the same has to be informed or declared
in GST returns in the month to which it prevails. ----------------------
●● ssessment in GST is mainly focused on self-assessment by the taxpayers
A ----------------------
themselves. Every taxpayer is required to self-assess the taxes payable
and furnish a return for each tax period i.e. the period for which return is ----------------------
required to be filed
----------------------
Keywords ----------------------
●● Invoice : a list of goods sent or services provided, with a statement of the ----------------------
sum due for these
----------------------
●● Debit Note : A debit note is a document used by a vendor to inform the
buyer of current debt obligations, or a document created by a buyer when ----------------------
returning goods received on credit.
----------------------
●● Credit Note : a receipt given by a shop to a customer who has returned
goods, which can be offset against future purchases. ----------------------
----------------------
Self-Assessment Questions
----------------------
1. Explain the term Invoice?
----------------------
2. Explain Debit note & credit note?
3. Give short note on- ----------------------
a. Transaction value ----------------------
b. Compulsory Inclusion ----------------------
c. Exclusion of discount
----------------------
d. Maintenance of record & Books under GST
----------------------
---------------------- 1. The invoice becomes a basic document for recording the sale/purchase in
books of accounts.
----------------------
2. Debit notes are raised in cases where there is a tax invoice issued, but the
---------------------- taxable value of the goods therein changes after such issuance
3. Credit notes are defined in section 2(35) of the Model GST Law
----------------------
Check your Progress - 2
----------------------
1. True
---------------------- 2. False
---------------------- 3. True
----------------------
Suggested Reading
----------------------
1. Nitya Tax Associates , August 2016 , Basics of GST , Taxman’s
----------------------
2. Rajat Mohan , July 2017 , Illustrated Guide to Goods & Service Tax ,
---------------------- Bharat’s
---------------------- 3. Abhishek A. Rastogi , August 2017 , GST Professional Guide , Taxman’s
4. http://www.idtc.icai.org
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
48 Indirect Taxation
Processes under GST II
UNIT
5
Structure:
5.1 Introduction
5.2 Filing of Returns
5.3 Payment of Taxes
5.4 Conditions for Availment of Input Tax Credit by a Registered Taxable
Person
5.5 Refunds
Summary
Keywords
Self-assessment questions
Answer to check your progress
Suggested reading
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
50 Indirect Taxation
Sr. Activity Due Date Form Applicable for Notes
No.
----------------------
3 Monthly return [periodic] 20th of the next GSTR3 Normal / Regular
month Taxpayer ----------------------
4 Return by compounding 18th of the GSTR4 Compounding
----------------------
tax payers month next to Taxpayer
the quarter ----------------------
5 Return by non-resident 20 of the
th
GSTR5 Foreign Non-
----------------------
tax payers [foreigners] next month or Resident Taxpayer
within 7 days ----------------------
after expiry of
registration, ----------------------
whichever is
----------------------
earlier
6 Return by input service 13th of the next GSTR6 Input Service ----------------------
distributors month Distributor
----------------------
7 TDS 10th of the next GSTR7 Tax Deductor
month ----------------------
8 TCS 10th of the next GSTR8 E-Commerce ----------------------
month
9 Annual return 31st December GSTR-9 Normal tax ----------------------
next FY payer(other than
----------------------
casual tax payer)
10 Annual return 31st December GSTR- Compounding ----------------------
next FY 9A Taxpayer
----------------------
11 Annual return along 31st December GSTR- Normal tax payer
with the copy of audited next FY 9B having turnover ----------------------
annual accounts and a more than 1 crore
reconciliation statement ----------------------
Note: For the first two months of GST implementation, the tax would be payable ----------------------
based on a simple return (Form GSTR-3B) containing summary of outward and
----------------------
inward supplies which will be submitted before 20th of the succeeding month.
The invoice-wise details in regular GSTR – 1 would have to be filed for the ----------------------
month of July and August, 2017 as per the timelines given below and No late
fees and penalty would be levied for the interim period. ----------------------
----------------------
----------------------
Check your Progress 1
----------------------
52 Indirect Taxation
5.3 PAYMENT OF TAXES Notes
This section provides for the methodology or mode of payment of tax, ----------------------
interest, penalty, fee or any other amount by a taxable person. This Section
----------------------
prescribes three kinds of ledgers to be maintained by the taxable person as
Electronic Cash Ledger, electronic Input Tax Credit Leger or Electronic Credit ----------------------
Ledger and Electronic Tax Liability Register. This Section further provides for
availability of credit in the Cash Ledger or the credit ledger depending on the ----------------------
payment made by the taxable person. Also it provides for utilization of credit
----------------------
and prescribes the method of cross utilization of credit.
a. Persons liable for Payment ----------------------
●● Generally, Supplier is liable to pay the tax ----------------------
●● In Other cases like: ----------------------
●● I mports and other notified supplies, liabilities may be imposed on
the recipient under the reverse charge mechanism (RCM) ----------------------
●● By third person for example in case of: ----------------------
●● E-Commerce = Operator is responsible for TCS
----------------------
●● ontractual Payments = Government / Other notified entities
C
are responsible for TDS ----------------------
b. Types of Payments under GST ----------------------
●● For Supply of Inter-state / Intra State:
----------------------
o CGST = A/c of the Central Govt.
----------------------
o SGST = A/c of concerned State Govt.
o IGST = Components of both CGST and SGST ----------------------
●● Tax Deducted at Source (TDS) and Tax Collected at Source (TCS); ----------------------
●● dditionally wherever applicable: Interest, Penalty, Fees and Any other
A
----------------------
payment.
c. Mode of Payment ----------------------
1. Principal tax liability: Debit to Electronic Credit Ledger of the Taxpayer ----------------------
maintained on the “Common Portal – Only”;
----------------------
2. Interest, Penalty and Fees cannot be paid by debiting the Electronic Credit
Ledger; ----------------------
3. Amount may be deposited in Electronic Cash Ledger by making E-Payment ----------------------
(Internet Banking, Credit Card – pre registration with the portal, Debit
Card, RTGS / NEFT) at any authorized branches of Banks to accept GST ----------------------
payments. Over the Counter payment (OTC) through authorized banks
for deposits upto ` 10,000/- per Challan per tax period, by cash, cheque ----------------------
or demand draft can also be made; ----------------------
4. The cash deposited would be shown as a credit to Electronic Cash Ledger
----------------------
of the Taxpayer maintained on the “Common Portal”.
54 Indirect Taxation
4. Single challan for all four types of taxes; Notes
5. System of Electronic Cash Ledger on GSTN for each taxpayer;
----------------------
6. RBI to act as aggregator and anchor of flow of fund and information about
receipts; ----------------------
7. Automation and transparency in flow of information; ----------------------
8. E-scroll (statement of tax payment) facility will be provided by RBI. ----------------------
9. Use of only system generated challans – no re-digitization in the entire
work flow ----------------------
5. Credit only upon receipt of the last lot/ instalment in case of goods ----------------------
received in lots / instalments is allowed.
----------------------
6. Goods deemed to be received by a taxable person when the supplier
delivers the goods to the recipient/ any other person, on the direction ----------------------
provided by the taxable person to the supplier.
----------------------
7. Exception in case of goods being directly sent to job worker
----------------------
8. If the recipient of services fails to pay (value + tax) within 180 days from
date of invoice, (ITC availed + interest @ 18%) shall be added to his ----------------------
output tax liability. ITC available when amount discharged later
----------------------
5.5 REFUNDS ----------------------
In case of refund arising from earlier law under GST, it will be adjudicated ----------------------
as per earlier law only. Under GST Law the refund application has to be made
within 2 years from the relevant date but time limit of 2 years is not applicable ----------------------
56 Indirect Taxation
2. For refunds made after 60 days from date of application – interest at the Notes
rate not exceeding 6%, as may be recommended by the GST Council.
----------------------
Activity 1 ----------------------
Visit the website http://www.idtc.icai.org and collect the information on the ----------------------
process to apply for refunds.
----------------------
----------------------
Summary
----------------------
●● ectification in return is allowed till September 30 of next year or date of
R
filing of annual return, whichever is earlier. ----------------------
●● ancellation of registration for non-filing of returns for 3 consecutive tax
C ----------------------
periods for compounding dealer or 6 months for other taxable person
----------------------
●● ompliance rating to be introduced. Fall below the prescribed level would
C
lead to blacklisting ----------------------
●● enalty for non-filing of return Except GSTR9B is applied as late Fees of
P
----------------------
INR 100 per day subject to a maximum of INR 5,000
●● enalty for non-filing of return for GSTR9B is applied as late Fee for
P ----------------------
annual Return INR 100 per day subject to a maximum of 0.25 % of the
----------------------
aggregate turnover of the state or union territory.
●● ectification in return is allowed till September 30 of next year or date of
R ----------------------
filing of annual return, whichever is earlier.
----------------------
Keywords ----------------------
1. What are the various returns prescribed under the GST Act? ----------------------
2. Who is required to furnish the details of outward taxable supply? In ----------------------
what format should such details be furnished? What is the due date for
furnishing such details? ----------------------
3. What are the details to be submitted while furnishing the details of ----------------------
outward supply in GSTR-1?
----------------------
4. After filing of Form GSTR-1, the recipient has modified/deleted/added
the details. What is the procedure to be followed by the supplier? ----------------------
5. What is Electronic credit ledger? ----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
58 Indirect Taxation
Offences and Penalties under GST
UNIT
6
Structure:
6.1 Introduction
6.2 Offences under GST
6.3 Procedure for compounding of offences
6.4 Penalties under GST
6.4.1 Penalties For fraud
6.4.2 Penalties For other cases (no intention of fraud or tax evasion)
6.5 Statutory Provision of Penalty for certain offences
6.6 Punitive provisions of GST law
6.7 Comparative review of earlier central laws and GST
Summary
Keywords
Self-assessment questions
Answer to check your progress
Suggested reading
----------------------
6.1 INTRODUCTION
----------------------
Goods and service tax GST will bring in “One nation one tax “to unite
----------------------
indirect taxes under one umbrella and facilitate Indian businesses to be globally
---------------------- competitive.
---------------------- The Indian GST is structured for efficient tax collection, reduction in
corruption, easy inter-state movement of goods etc.
---------------------- To prevent tax evasion and corruption, the GST Law lists the offences and
---------------------- penalties.
There are 21 offences under GST, apart from the penalty for availing
---------------------- compounding by a taxable person who is not eligible for it.
----------------------
6.2 OFFENCES UNDER GST
----------------------
When has anyone committed an offence under GST?
----------------------
There are 21 offences under GST. These can be broadly catagoriesed in to
---------------------- following six groups or categories.
---------------------- A. Fake/wrong invoices
A taxable person supplies any goods/services without any invoice or
----------------------
issues a false invoice.
---------------------- He issues any invoice or bill without supply of goods/services in violation
of the provisions of GST
----------------------
He issues invoices using the identification number of another bonafide
---------------------- taxable person
---------------------- B. Fraud
---------------------- A taxable person submits false information while registering under GST
He submits fake financial records/documents or files fake returns to evade
----------------------
tax
---------------------- Does not provide information/gives false information during proceedings
----------------------
----------------------
60 Indirect Taxation
C. Tax evasion Notes
A taxable person collects any GST but does not submit it to the government
----------------------
within 3 months
Even if he collects any GST in contravention of provisions, he still has to ----------------------
deposit it to the government within 3 months. Failure to do so will be an
----------------------
offence under GST.
He obtains refund of any CGST/SGST by fraud. ----------------------
He takes and/or utilizes input tax credit without actual receipt of goods ----------------------
and/or services
----------------------
He deliberately suppresses his sales to evade tax
D. Supply/transport of goods ----------------------
(1) An applicant may, either before or after the institution of prosecution, ----------------------
make an application under sub-section (1) of section 138 in FORM GST ----------------------
CPD-01 to the Commissioner for compounding of an offence.
----------------------
62 Indirect Taxation
●● Fails to appear before the tax authority on receiving a summons Notes
●● Fails to issue an invoice according to GST rules
----------------------
●● Fails to account/vouch any invoice appearing in the books
-Will have to pay a penalty extending upto ` 25,000 ----------------------
For cases of fraud, additional penalties as follows- ----------------------
Tax amount involved 100-200 lakhs 200-500 lakhs Above 500 lakhs ----------------------
Jail term Upto 1 year Upto 3 years Upto 5 year
----------------------
Fine In all three cases
6.4.2 Penalties for other cases (no intention of fraud or tax evasion) ----------------------
An offender not paying tax or making short-payments has to pay a penalty ----------------------
of 10% of the tax amount due subject to a minimum of `10,000.
----------------------
Therefore, the penalty will be high at 100% of the tax amount when the
offender has evaded i.e., where there is a deliberate fraud. ----------------------
For other genuine errors, the penalty is 10% of tax. ----------------------
General Penalty
----------------------
Any offense under GST for which penalty is not specifically mentioned
will be liable to a penalty extending ` 25,000. ----------------------
General rules regarding penalty ----------------------
These rules of penalty are generally the same in all laws whether tax laws ----------------------
or contract or any other law. Every taxable person, on whom the penalty is
imposed, will be served with a show cause notice first and will have a reasonable ----------------------
opportunity of being heard.
----------------------
The tax authority will give an explanation regarding the reason for penalty
and the nature of offense ----------------------
When any person who voluntarily discloses a breach of law, the tax ----------------------
authority may use this fact to reduce the penalty.
----------------------
Check your Progress 1 ----------------------
----------------------
---------------------- Activity 1
----------------------
Visit the website of Government of India to identify the provisions under
---------------------- offences and penalties
----------------------
66 Indirect Taxation
(i) The first sub-section prescribes 21 types of offences, any one of which if Notes
committed, can attract penalty of ten thousand rupees or equal to amount
of tax involved, whichever is higher. ----------------------
(ii) The second sub-section deals with two situations, first is where certain
----------------------
offences committed are not due to either fraud or wilful misstatement or
suppression of facts. In such a case, penalty will get reduced to 10% of tax ----------------------
involved subject to a minimum of ten thousand rupees. And then, where
the offence committed is due to either fraud or any wilful misstatement ----------------------
or suppression of facts to evade tax will result in a penalty equal to tax
----------------------
involved subject to a minimum of ten thousand rupees.
(iii) The third sub-section deals with offences where the person is not directly ----------------------
involved in any evasion but may be a party to evasion or if he does not
----------------------
attend summons or produce documents. Penalty in such a case would be
upto twenty five thousand rupees. ----------------------
While this section describes the offence and prescribes the penalty
----------------------
applicable, the procedure for adjudicating the imposition of this penalty is under
section 73 and section 74 in which there is no express reference to this section. ----------------------
Persons found to have committed the offences listed in this section are liable to
payment of penalty as follows: ----------------------
A. Penalty equivalent to higher of Rupees 10,000/- or tax evaded/ tax not ----------------------
deducted/ collected or short deducted/collected or tax deducted/collected
but not paid whichever is higher in the following cases: ----------------------
1. Supplies any goods/services: (a) Without issue of any invoice or (b) ----------------------
Issues an incorrect/false invoice in respect of such supply
2. Issues an invoice without supply of goods/services in violation of ----------------------
the provisions of the Act/ Rules
----------------------
3. Collects any amount as tax but fails to deposit the same with the
Government beyond a period of three months from due date ----------------------
4. Collects any tax in contravention of law but fails to deposit the
same with the Government beyond a period of three months from ----------------------
due date ----------------------
5. Fails to (a) Deduct tax/deduct appropriate tax, as per Section 51
(Section 51 is applicable to certain specific persons. The said section ----------------------
requires such specified persons to deduct tax at the rate of one per
----------------------
cent out of the payment to the supplier if the value of supply under a
contract exceeds two lakh and fifty thousand rupees) or (b) deposit ----------------------
the tax deducted with the Government
6. Fails to (a) collect tax/collect appropriate tax as per provisions ----------------------
of Section 52 (Section 52 is applicable to electronic commerce
----------------------
operator to collect tax from the supplier of goods at the time of
payment to such supplier at the rate of one per cent ) (b) deposit the ----------------------
tax collected with the appropriate Government
7. takes or utilizes input tax credit without actual receipt of goods/ ----------------------
services either fully or partially in contravention of provisions of ----------------------
Act/ Rules
68 Indirect Taxation
has reason to believe are in contravention of any provisions of this Notes
Act or the rules made thereunder;
----------------------
4. fails to appear before the officer of central tax, when issued with a
summon for appearance to give evidence or produce a document in ----------------------
an enquiry
----------------------
5. fails to issue invoice in accordance with the provisions of this Act
or rules made thereunder, or fails to account for an invoice in his ----------------------
books of account
----------------------
Penalty for failure to furnish information return
If a person who is required to furnish an information return under Section ----------------------
150 fails to do so within the period specified in the notice issued under sub- ----------------------
Section (3) thereof, the prescribed authority proper officer may direct that
such person shall be liable to pay, by way of penalty of, a sum of one hundred ----------------------
rupees for each day of the period during which the failure to furnish such return
continues. ----------------------
Provided that the penalty imposed under this section shall not exceed five ----------------------
thousand rupees.
----------------------
If the person who is required to file an ‘information return’ as prescribed
under Section 150 has not filed the return within the stipulated period of 90 days ----------------------
from the date of issue of show cause notice, a penalty of ` 100/- per day shall
be levied for each day for which the failure continues but not exceeding five ----------------------
thousand rupees. ----------------------
The provision is similar to Section 15B of Central Excise Act, 1944.
----------------------
Fine for failure to furnish statistics (Section 151)
----------------------
The section specifies penalty for failure to provide information or return
in two circumstances. ----------------------
This section provides for penal consequences for failure to furnish ----------------------
information or return as required under section 151 regarding collection of
statistics. ----------------------
If any person required to furnish any information or return under section ----------------------
151,—
----------------------
(a) without reasonable cause fails to furnish such information or return
as may be required under that section, or ----------------------
(b) wilfully furnishes or causes to furnish any information or return
----------------------
which he knows to be false,
he shall be punishable with a fine which may extend to ten thousand ----------------------
rupees and in case of a continuing offence to a further fine which may extend
----------------------
to one hundred rupees for each day after the first day during which the offence
continues subject to a maximum limit of twenty five thousand rupees. ----------------------
----------------------
70 Indirect Taxation
Notes
Check your Progress 2
----------------------
State true or false
----------------------
1. There is no penalty for not carrying specified documents during
transportation of goods ----------------------
2. General penalty can be levied in addition to the specific penalties ----------------------
prescribed under the law
----------------------
3. If the assessee discovers any default on his own he must pay penalty
along under this section? ----------------------
----------------------
Summary ----------------------
●● here is no general penalty can be levied in addition to the specific
T ----------------------
penalties prescribed under the law
●● o prevent tax evasion and corruption, the GST Law lists the offences and
T ----------------------
penalties. ----------------------
●● here are 21 offences under GST, apart from the penalty for availing
T
compounding by a taxable person who is not eligible for it. ----------------------
●● enalties under GST, an offender has to pay a penalty amount of tax
P ----------------------
evaded/short deducted etc., i.e., 100% penalty, subject to a minimum of
` 10,000. ----------------------
●● n offender not paying tax or making short-payments has to pay a penalty
A ----------------------
of 10% of the tax amount due subject to a minimum of `10,000.
----------------------
●● or effective implementation of any tax-law and to do justice to tax abiding
F
society, provisions to take strict action against offenders are required. ----------------------
●● I f a person who is required to furnish an information return under Section
----------------------
150 fails to do so within the period specified in the notice issued under
sub- Section (3) thereof, the prescribed authority proper officer may direct ----------------------
that such person shall be liable to pay, by way of penalty of, a sum of one
hundred rupees for each day of the period during which the failure to ----------------------
furnish such return continues.
----------------------
Keywords ----------------------
---------------------- 4. Would penalty under this Section be payable for defective returns?
5. Is there any maximum ceiling on penalty payable for failure to furnish
---------------------- information return u/s. 150?
---------------------- 6. Which are the cases where general penalty can be levied?
---------------------- 7. What is the amount of general penalty leviable under the Act?
8. What are the discretionary powers of the officers to waive the penalties?
----------------------
9. What is regarded as “minor breach”?
----------------------
10. Under what circumstances a conveyance can be detained?
---------------------- 11. What is the quantum of penalties in case of detention/seizure of goods
---------------------- and/or conveyance?
12. Are all cases of contraventions of any of the provisions of the Act or
----------------------
Rules liable for confiscation?
---------------------- 13. What is the maximum amount of fine in lieu of confiscation that can be
levied?
----------------------
14. Can the option to pay redemption fine in lieu of confiscation of goods be
---------------------- given to any person other than the owner of the goods?
---------------------- 15. Is option to pay fine in lieu of confiscation of goods is to be granted in each
case or at the discretion of the officer?
----------------------
16. Can the option to pay fine in lieu of confiscation be exercised anytime?
----------------------
Answers to check your progress
----------------------
----------------------
72 Indirect Taxation
2. If a person fails to appear before GST officer, the maximum penalty that Notes
can be levied is:
----------------------
(d) None of the above
3. Penalty of 10% of the tax can be levied if: ----------------------
(d) Registered taxable person has not paid under bona fide belief. ----------------------
Check your progress – 2 ----------------------
State true or false
----------------------
1. False
----------------------
2. False
3. False ----------------------
----------------------
Suggested Reading
----------------------
1. http://www.idtc.icai.org
----------------------
2. Good And Simple Tax – GST for You, CMA Bhogavalli Mallikarjuna
Gupta, Notion Press, 2017 ----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
74 Indirect Taxation
Appeals and Revisions
UNIT
7
Structure:
7.1 Introduction
7.2 What is an Appeal and what are disputes
7.3 Appellate Mechanism
7.4 Steps and General rules for filing GST appeals
7.4.1 Cases where Appeal cannot be filed
7.4.2 Decision which can be appealed against
7.5 Concept of authorised representative
7.5.1 Can an authorized representative appear in court for appeal
7.6 Second level Appeals before Tribunal
7.6.1 Concept of pre-deposit
7.6.2 Appeals by the Department (CGST/SGST) before the AA/Tribunal
7.6.3 Revision by Commissioner (CGST/SGST)
7.7 Third level Appeal to the High Court
7.8 Fourth level Appeal to the Supreme Court
7.9 Rules of CBEC for - Appeals and Revision
Summary
Keywords
Self-assessment questions
Answer to check your progress
Suggested reading
----------------------
7.1 INTRODUCTION
----------------------
Tax laws (or any law, for that matter) impose obligations.
----------------------
Such obligations are broadly of two kinds, tax-related and procedure-
---------------------- related. The taxpayer’s compliance with these obligations is verified by the tax
officer (by various instruments such as scrutiny, audit, anti-evasion, etc.), as
---------------------- a result of which, sometimes there are situations of actual or perceived non-
---------------------- compliance. If the difference in views persists, it results into a dispute, which is
then required to be resolved.
---------------------- Tax law recognizes that on any given set of facts and laws, there can be
---------------------- different opinions or viewpoints.
Hence, it is likely that the taxpayer may not agree with the “adjudication
---------------------- order” so passed by the tax officer. It is equally possible that the Department
---------------------- may itself not be in agreement with the adjudication order in some cases. It is
for this reason that the statute provides further channels of appeal, to both sides.
----------------------
However, since the right to appeal is a statutory right, the statute also
---------------------- places reasonable fetters on the exercise of that right. The time limits prescribed
by the statute for filing of appeals and the requirement of pre-deposit of a certain
---------------------- sum before the appeal can be heard by the competent authority are examples of
such fetters on the statutory right.
----------------------
GST being implemented in our country is a dual GST i.e. to say every
---------------------- supply attracting the levy will be leviable to both Central tax and State tax.
---------------------- So does this mean that if a taxpayer is aggrieved by any such transaction,
he will have to approach both the authorities for exercising his right of appeal?
----------------------
The answer is a plain NO.
---------------------- The Act makes provisions for cross empowerment between CGST and
---------------------- SGST/UTGST officers so as to ensure that if a proper officer of one Act (say
CGST) passes an order with respect to a transaction, he will also act as the
---------------------- proper officer of SGST for the same transaction and issue the order with respect
to the CGST as well as the SGST/UTGST component of the same transaction.
----------------------
The Act also provides that where a proper officer under one Act (say
---------------------- CGST) has passed an order, any appeal/review/revision/rectification against
the said order will lie only with the proper officers of that Act only (CGST Act).
----------------------
76 Indirect Taxation
So also if any order is passed by the proper officer of SGST, any appeal/ Notes
review/revision/rectification will lie with the proper officer of SGST only.
----------------------
7.2 WHAT IS AN APPEAL AND WHAT ARE DISPUTES ----------------------
Any appeal under any law is an application to a higher court for a reversal ----------------------
of the decision of a lower court. Appeals arise when there are any legal disputes.
Tax laws (or any law) impose obligations. Such obligations are broadly ----------------------
of two kinds: tax-related and procedure-related. The taxpayer’s compliance ----------------------
with these obligations is verified by the tax officer (through audit, anti-evasion,
examining etc.). Sometimes there are situations of actual or perceived non- ----------------------
compliance. If the difference in views persists, it results into a dispute, which is
then required to be resolved. ----------------------
The time limit for the party to file an appeal before the AA is 3 months ----------------------
from the date of communication of the impugned order. But the AA may
----------------------
condone a delay of up to one month, if he is satisfied that there was sufficient
cause for such delay. ----------------------
The AA has to follow the principles of natural justice – such as hearing
----------------------
the appellant, allowing reasonable adjournments (not more than 3), permitting
---------------------- 7.4 STEPS AND GENERAL RULES FOR FILING GST APPEALS
---------------------- All appeals must be made in prescribed forms along with the required fees.
---------------------- Fee will be-
– The full amount of tax, interest, fine, fee and penalty arising from the
----------------------
challenged order, as admitted by appellant,
---------------------- AND
---------------------- – 10% of the disputed amount
---------------------- For Serious cases, i.e., disputed tax liability is above 25 crores, the tax
authorities can demand a higher pre-deposit up to 25% of the disputed tax
---------------------- amount.
---------------------- In cases where an officer or the Commissioner of GST is appealing then
fees will not be applicable.
----------------------
----------------------
First Appellate Appellate
High Court Supreme Court
---------------------- authority Tribunal
----------------------
----------------------
----------------------
78 Indirect Taxation
Appeal Hierarchy under GST Notes
Appeal level Orders passed Appeal to – Sections model
----------------------
by…. law of
1st Adjudicating First Appellate 79 ----------------------
Authority Authority
----------------------
2nd First Appellate Appellate Tribunal 81,82,83,84
Authority ----------------------
3rd Appellate Tribunal High Court 87
----------------------
4th High Court Supreme Court 88,89
Source - Directorate General of Taxpayer Services CENTRAL BOARD OF ----------------------
EXCISE & CUSTOMS www.cbec.gov.in ----------------------
7.4.1 Cases where Appeal cannot be filed
----------------------
The Board or the State Government may, on the recommendation of the
Council, fix monetary limits for appeals by the GST officer to regulate the filing ----------------------
of appeal and avoid unnecessary litigation expenses
----------------------
7.4.2 Decision which can be appealed against
----------------------
No. Appeals cannot be made for the following decisions taken by a GST
officer- ----------------------
1. An order to transfer the proceedings from one officer to another officer ----------------------
2. An order to seize or retain books of account and other documents; or
----------------------
3. An order sanctioning prosecution under the Act; or
----------------------
4. An order allowing payment of tax and other amount in installments
A person unhappy with any decision or order passed against him under ----------------------
GST by an adjudicating authority can appeal to the First Appellate Authority.
----------------------
If they are not happy with the decision of the First Appellate Authority they
can appeal to the National Appellate Tribunal, then to High Court, and finally ----------------------
Supreme Court. ----------------------
Any person who is entitled or required to appear before a GST Officer or ----------------------
the AA or the Tribunal, in connection with any proceedings under the Act, may
----------------------
appear through an authorised representative (except when he is required under
the Act to appear personally for examination on oath or affirmation). ----------------------
For this purpose, “authorised representative” has been defined in the ----------------------
Act itself. Broadly, it includes a relative, a regular employee, an advocate, a
chartered accountant, a cost accountant, a company secretary, or any person ----------------------
with prescribed qualifications. It is also provided that indirect tax gazetted
officers can appear as authorised representative after one year from retirement. ----------------------
----------------------
---------------------- 1. a relative
2. a regular employee
----------------------
3. a lawyer practising in any court in India
----------------------
4. any chartered accountant/cost accountant/company secretary, with a valid
---------------------- certificate of practice
5. a retired officer of the Tax Department of any State Government or of the
----------------------
Excise Dept. whose rank was minimum Group-B gazetted officer.
---------------------- 6. any tax return preparer
---------------------- Retired officers cannot appear in place of the concerned person within 1
year from the date of their retirement.
----------------------
80 Indirect Taxation
The law also provides for filing of cross-objections by the respondent Notes
against such part of the order against which the respondent may initially not
have chosen to file an appeal. It is provided that on receipt of notice that an ----------------------
appeal has been filed (by the appellant), the party against whom the appeal
has been preferred (i.e. the respondent) may, notwithstanding, that he may ----------------------
not have appealed against such order or any part thereof, file within 45 days a ----------------------
memorandum of cross-objections against any part of the order appealed against
and such memorandum shall be disposed of by the Appellate Tribunal as if it were ----------------------
an appeal presented within the time specified for the initial appeal. Condonation
of delay (on sufficient cause) applies here also, but only to the extent of further ----------------------
45 days from the date of expiry of the period for filing cross objections. The ----------------------
form, fees, etc. for the appeals to Tribunal shall be as prescribed by Rules.
----------------------
The Tribunal, after hearing both sides may pass such orders thereon as
it thinks fit, confirming, modifying or annulling the decision or order appealed ----------------------
against or may refer the case back to the AA or to the revisional authority, or
to the original adjudicating authority, with such directions as it may think fit, ----------------------
for a fresh adjudication or decision, as the case may be, after taking additional
----------------------
evidence, if necessary. For reasons of natural justice (reasonable opportunity) it
is also provided that the Tribunal may, if sufficient cause is shown, grant up to ----------------------
3 adjournments to either side.
----------------------
7.6.1 Concept of pre-deposit
As mentioned earlier, the right to appeal is a statutory right which operates ----------------------
within the limitations placed on it by the law. One such limitation flows from
----------------------
the principle that, an appellant must first deposit the adjudged dues before his
further appeal can be heard. However, often an appellant may succeed in his ----------------------
appeal, and hence it would (in retrospect) be unfair to saddle him with this
financial burden. To balance these factors, tax laws mandate some “predeposit” ----------------------
so as to discourage frivolous appeals and also safeguard the bonafide interests
----------------------
of both the taxpayers and the revenue.
The CGST Act, 2017 require an appellant before AA to pre-deposit full ----------------------
amount of tax, interest, fine, fee and penalty, as is admitted by him, arising from ----------------------
the impugned order and a sum equal to 10% of the remaining amount of tax in
disputearising from the impugned order. ----------------------
In so far as appeals to the Tribunal is concerned, no appeal can be filed ----------------------
before the Tribunal unless the appellant has deposited in full, such part of the
amount of tax, interest, fine, fee and penalty arising from the impugned order, ----------------------
as is admitted by him, and a sum equal to 20% of the remaining amount of tax
in dispute, in addition to the amount deposited before the AA, arising from the ----------------------
said order, in relation to which appeal has been filed. ----------------------
If the pre-deposit made by the appellant before the AA or Tribunal is
required to be refunded consequent to any order of the AA or of the Tribunal, ----------------------
as the case may be, interest at the rate specified in Section 56 shall be payable ----------------------
from the date of payment of the amount (and not from the date of order of AA
or of the Tribunal) till the date of refund of such amount. ----------------------
82 Indirect Taxation
If the said decision or order involves an issue on which the Appellate Notes
Tribunal or the High Court has given its decision in some other proceedings
and an appeal to the High Court or the Supreme Court against such decision of ----------------------
the Appellate Tribunal or the High Court is pending, the period spent between
the date of the decision of the Appellate Tribunal and the date of the decision ----------------------
of the High Court or the date of the decision of the High Court and the date of ----------------------
the decision of the Supreme Court shall be excluded in computing the period of
limitation of 3 years where proceedings for revision have been initiated by way ----------------------
of issue of a notice under section 108 of the CGST Act, 2017.
----------------------
However, the Revisional Authority may pass an order on any point which
has not been raised and decided in an appeal before AA/Tribunal/HC/SC, before ----------------------
the expiry of a period of one year from the date of the order in such appeal
----------------------
or before the expiry of a period of three years from the date of initial order,
whichever is later. ----------------------
Activity 1 ----------------------
----------------------
Collect various forms required for appeal under GST.
----------------------
----------------------
The law provides that either side (department or party), if aggrieved by
any order passed by the State Bench or Area Bench of the Tribunal, may file ----------------------
an appeal to the High Court and the High Court may admit such appeal if it is
satisfied that the case involves a substantial question of law. It is to be noted that ----------------------
on facts, the tribunal is the final authority.
----------------------
Appeals to the High Court are to be filed within 180 days, but the HC has
the power to condone delay on being satisfied of sufficient cause for the same. ----------------------
On being satisfied that a substantial question of law is involved, the High ----------------------
Court shall formulate that question, and the appeal shall be heard only on the
question so formulated. However, the High Court has the power to hear the ----------------------
appeal on any other substantial question of law, if it is satisfied that the case ----------------------
involves such question. The High Court shall decide the questions of law so
formulated and deliver such judgment thereon containing the grounds on which ----------------------
such decision is founded and may award such cost as it deems fit. The High
Court may determine any issue which has not been determined by the Tribunal ----------------------
or has been wrongly determined by the Tribunal, by reason of a decision on ----------------------
such questions of law.
----------------------
7.8 FOURTH LEVEL APPEAL TO THE SUPREME COURT
----------------------
The law provides for appeals to the Supreme Court from any judgment
----------------------
or order passed by the High Court, in any case which, on its own motion or on
an oral application made by or on behalf of the party aggrieved, immediately ----------------------
---------------------- Explanation.– For the provisions of this rule, the appeal shall be
treated as filed only when the final acknowledgement, indicating
---------------------- the appeal number, is issued.
84 Indirect Taxation
in FORM GST APL-05,on the common portal and a provisional Notes
acknowledgement shall be issued to the appellant immediately.
----------------------
(2) A memorandum of cross-objections to the Appellate Tribunal under
sub-section (5) of section 112 shall be filed either electronically ----------------------
or otherwise as may be notified by the Registrar, in FORM GST
APL-06. ----------------------
(3) The appeal and the memorandum of cross objections shall be signed ----------------------
in the manner specified in rule 26.
----------------------
(4) A certified copy of the decision or order appealed against along with
fees as specified in sub-rule (5) shall be submitted to the Registrar ----------------------
within seven days of the filing of the appeal under sub-rule (1) and
a final acknowledgement, indicating the appeal number shall be ----------------------
issued thereafter in FORM GST APL-02by the Registrar:
----------------------
Provided that where the certified copy of the decision or order is
submitted within seven days from the date of filing the FORM GST ----------------------
APL-05, the date of filing of the appeal shall be the date of the ----------------------
issue of the provisional acknowledgement and where the said copy
is submitted after seven days, the date of filing of the appeal shall ----------------------
be the date of the submission of such copy.
----------------------
Explanation.– For the purposes of this rule, the appeal shall be
treated as filed only when the final acknowledgement indicating the ----------------------
appeal number is issued.
----------------------
(5) The fees for filing of appeal or restoration of appeal shall be one
thousand rupees for every one lakh rupees of tax or input tax credit ----------------------
involved or the difference in tax or input tax credit involved or the
amount of fine, fee or penalty determined in the order appealed ----------------------
against, subject to a maximum of twenty five thousand rupees. ----------------------
(6) There shall be no fee for application made before the Appellate
----------------------
Tribunal for rectification of errors referred to in sub-section (10) of
section 112. ----------------------
111. Application to the Appellate Tribunal.- (1)An application to the Appellate
----------------------
Tribunal under sub-section (3) of section 112 shall be madeelectronically
or otherwise, in FORM GST APL-07, along with the relevant documents ----------------------
on the commonportal.
----------------------
(2) A certified copy of the decision or order appealed against shall be
submitted within seven days of filing the application under sub-rule ----------------------
(1) and an appeal number shall be generated by the Registrar.
----------------------
112. Production of additional evidence before the Appellate Authority or the
Appellate Tribunal.-(1) The appellant shall not be allowed to produce ----------------------
before the Appellate Authority or the Appellate Tribunal any evidence,
whether oral or documentary, other than the evidence produced by him ----------------------
during the course of the proceedings before the adjudicating authority ----------------------
---------------------- (c) Where the appellant was prevented by sufficient cause from
producing before the adjudicating authority or, as the case may
---------------------- be, the Appellate Authority any evidence which is relevant to
any ground of appeal; or
----------------------
(d) where the adjudicating authority or, as the case may be, the
---------------------- Appellate Authority has made the order appealed against
without giving sufficient opportunity to the appellant to
---------------------- adduce evidence relevant to any ground of appeal.
---------------------- (2) No evidence shall be admitted under sub-rule (1) unless the
Appellate Authority or the Appellate Tribunal records in writing the
---------------------- reasons for its admission.
---------------------- (3) The Appellate Authority or the Appellate Tribunal shall not take
any evidence produced under sub-rule (1) unless the adjudicating
----------------------
authority or an officer authorised in this behalf by the said authority
---------------------- has been allowed a reasonable opportunity -
(a) To examine the evidence or document or to cross-examine
----------------------
any witness produced by the appellant; or
---------------------- (b) To produce any evidence or any witness in rebuttal of the
---------------------- evidence produced by the appellant under sub-rule (1).
(4) Nothing contained in this rule shall affect the power of the Appellate
---------------------- Authority or the Appellate Tribunal to direct the production of any
---------------------- document, or the examination of any witness, to enable it to dispose
of the appeal.
---------------------- 113. Order of Appellate Authority or Appellate Tribunal.-(1) TheAppellate
---------------------- Authority shall, along with its order under sub-section (11) of section 107,
issue a summary of the order in FORM GST APL-04 clearly indicating
---------------------- the final amount of demand confirmed.
---------------------- (2) The jurisdictional officer shall issue a statement in FORM GST
APL-04 clearly indicating the final amount of demand confirmed
---------------------- by the Appellate Tribunal.
----------------------
86 Indirect Taxation
114. Appeal to the High Court.- (1) An appeal to the High Court under sub- Notes
section (1) of section 117 shall be filed in FORM GST APL-08.
----------------------
(2) The grounds of appeal and the form of verification as contained in
FORM GST APL-08 shall be signed in the manner specified in rule ----------------------
26.
----------------------
115. Demand confirmed by the Court.- The jurisdictional officer shall issue a
statement in FORM GST APL-04 clearly indicating the final amount of ----------------------
demand confirmed by the High Court or, as the case may be, the Supreme
Court. ----------------------
116. Disqualification for misconduct of an authorised representative.-Where ----------------------
an authorised representative, other than those referred to in clause (b) or
clause (c) of subsection ----------------------
(2) of section 116 is found, upon an enquiry into the matter, guilty of ----------------------
misconduct in connection with any proceedings under the Act, the
Commissioner may, after providing him an opportunity of being ----------------------
heard, disqualify him from appearing as an authorised representative. ----------------------
1. Any person who has retired/resigned after serving 2 years as gazetted ----------------------
officer in the indirect tax departments of the Government of India ----------------------
or any State Government shall be entitled to appear as authorised
representative after ----------------------
a) 1 year from date of resignation / retirement ----------------------
b) 2 years from date of resignation / retirement
----------------------
c) 3 years from date of resignation / retirement
----------------------
d) Not entitled to appear at all
2. Any person who has been dismissed or removed from government ----------------------
services shall be entitled to appear as authorised representative after ----------------------
a) 1 year from date of dismissal / removal
----------------------
b) 2 years from date of dismissal / removal
----------------------
c) 3 years from date of dismissal / removal
d) Not entitled to appear at all ----------------------
3. Any insolvent person shall not be entitled to appear as authorised ----------------------
representative
----------------------
a) Upto a period of 1 year of insolvency
----------------------
b) Upto a period of 2 years of insolvency
c) During the period of insolvency ----------------------
d) Not entitled to appear at all ----------------------
8
Structure:
8.1 Introduction
8.2 Goods at Nil Rate
8.3 Goods at 0.25% Rate
8.4 Goods at 03% Rate
8.5 Goods at 05% Rate
8.6 Goods at 12% Rate
Summary
Keywords
Self-assessment questions
Answer to check your progress
Suggested reading
Rates of GST 89
Notes
Objectives
----------------------
After going through this unit, you will be able to:
----------------------
●● Learn various goods in different tax slabs
---------------------- ●● Understand the division rates of GST
----------------------
---------------------- Following table gives the list of goods on which there is no GST applied
or the rate of GST for these goods is 0% or Nil.
----------------------
CGST SGST IGST
---------------------- Description of Goods Rate Rate Rate
(%) (%) (%)
----------------------
Live asses, mules and hinnies 0 0 0
---------------------- Live bovine animals 0 0 0
Live swine 0 0 0
----------------------
Live sheep and goats 0 0 0
---------------------- Live poultry, that is to say, fowls of the species Gallus 0 0 0
domesticus, ducks, geese, turkeys and guinea fowls.
----------------------
Other live animal such as Mammals, Birds, Insects 0 0 0
---------------------- Meat of bovine animals, fresh and chilled. 0 0 0
---------------------- Meat of bovine animals frozen [other than frozen and 0 0 0
put up in unit container]
---------------------- Meat of swine, fresh, chilled or frozen [other than 0 0 0
frozen and put up in unit container]
----------------------
Meat of sheep or goats, fresh, chilled or frozen [other 0 0 0
---------------------- than frozen and put up in unit container]
Meat of horses, asses, mules or hinnies, fresh, chilled or 0 0 0
----------------------
frozen [other than frozen and put up in unit container]
---------------------- Edible offal of bovine animals, swine, sheep, goats, 0 0 0
horses, asses, mules or hinnies, fresh, chilled or frozen
---------------------- [other than frozen and put up in unit container]
----------------------
90 Indirect Taxation
CGST SGST IGST Notes
Description of Goods Rate Rate Rate
(%) (%) (%) ----------------------
Meat and edible offal, of the poultry of heading 0105, 0 0 0 ----------------------
fresh, chilled or frozen [other than frozen and put up
in unit container] ----------------------
Other meat and edible meat offal, fresh, chilled or 0 0 0 ----------------------
frozen [other than frozen and put up in unit container]
Pig fat, free of lean meat, and poultry fat, not rendered 0 0 0 ----------------------
or otherwise extracted, fresh, chilled or frozen [other
----------------------
than frozen and put up in unit container]
Pig fat, free of lean meat, and poultry fat, not rendered 0 0 0 ----------------------
or otherwise extracted, salted, in brine, dried or
smoked [other than put up in unit containers] ----------------------
Meat and edible meat offal, salted, in brine, dried or 0 0 0 ----------------------
smoked; edible flours and meals of meat or meat offal,
other than put up in unit containers ----------------------
Fish seeds, prawn / shrimp seeds whether or not 0 0 0 ----------------------
processed, cured or in frozen state [other than goods
falling under Chapter 3 and attracting 5%] ----------------------
Live fish. 0 0 0
----------------------
Fish, fresh or chilled, excluding fish fillets and other 0 0 0
fish meat of heading 0304 ----------------------
Fish fillets and other fish meat (whether or not minced), 0 0 0
----------------------
fresh or chilled.
Crustaceans, whether in shell or not, live, fresh or 0 0 0 ----------------------
chilled; crustaceans, in shell, cooked by steaming or
by boiling in water live, fresh or chilled. ----------------------
Molluscs, whether in shell or not, live, fresh, chilled; 0 0 0 ----------------------
aquatic invertebrates other than crustaceans and
molluscs, live, fresh or chilled. ----------------------
Aquatic invertebrates other than crustaceans and 0 0 0 ----------------------
molluscs, live, fresh or chilled.
Fresh milk and pasteurised milk, including separated 0 0 0 ----------------------
milk, milk and cream, not concentrated nor containing
----------------------
added sugar or other sweetening matter, excluding
Ultra High Temperature (UHT) milk ----------------------
Curd; Lassi; Butter milk 0 0 0
----------------------
Chena or paneer, other than put up in unit containers 0 0 0
and bearing a registered brand name; ----------------------
Birds' eggs, in shell, fresh, preserved or cooked 0 0 0
----------------------
Natural honey, other than put up in unit container and 0 0 0
bearing a registered brand name ----------------------
Rates of GST 91
Notes CGST SGST IGST
Description of Goods Rate Rate Rate
---------------------- (%) (%) (%)
---------------------- Human hair, unworked, whether or not washed or 0 0 0
scoured; waste of human hair
---------------------- All goods i.e. Bones and horn-cores, unworked, 0 0 0
---------------------- defatted, simply prepared (but not cut to shape),
treated with acid or gelatinised; powder and waste of
---------------------- these products
All goods i.e. Hoof meal; horn meal; hooves, claws, 0 0 0
----------------------
nails and beaks; antlers; etc.
---------------------- Semen including frozen semen 0 0 0
Live trees and other plants; bulbs, roots and the like; 0 0 0
----------------------
cut flowers and ornamental foliage
---------------------- Potatoes, fresh or chilled. 0 0 0
Tomatoes, fresh or chilled. 0 0 0
----------------------
Onions, shallots, garlic, leeks and other alliaceous 0 0 0
---------------------- vegetables, fresh or chilled.
Cabbages, cauliflowers, kohlrabi, kale and similar 0 0 0
----------------------
edible brassicas, fresh or chilled.
---------------------- Lettuce (Lactuca sativa) and chicory (Cichorium 0 0 0
spp.), fresh or chilled.
----------------------
Carrots, turnips, salad beetroot, salsify, celeriac, 0 0 0
---------------------- radishes and similar edible roots, fresh or chilled
Cucumbers and gherkins, fresh or chilled. 0 0 0
----------------------
Leguminous vegetables, shelled or unshelled, fresh or 0 0 0
---------------------- chilled.
Other vegetables, fresh or chilled. 0 0 0
----------------------
Dried vegetables, whole, cut, sliced, broken or in 0 0 0
---------------------- powder, but not further prepared.
Dried leguminous vegetables, shelled, whether or not 0 0 0
---------------------- skinned or split.
---------------------- Manioc, arrowroot, salep, Jerusalem artichokes, sweet 0 0 0
potatoes and similar roots and tubers with high starch
---------------------- or inulin content, fresh or chilled; sago pith.
---------------------- Coconuts, fresh or dried, whether or not shelled or 0 0 0
peeled
---------------------- Brazil nuts, fresh, whether or not shelled or peeled 0 0 0
---------------------- Other nuts, Other nuts, fresh such as Almonds, 0 0 0
Hazelnuts or filberts (Coryius spp.), walnuts,
---------------------- Chestnuts (Castanea spp.), Pistachios, Macadamia
nuts, Kola nuts (Cola spp.), Areca nuts, fresh, whether
---------------------- or not shelled or peeled
92 Indirect Taxation
CGST SGST IGST Notes
Description of Goods Rate Rate Rate
(%) (%) (%) ----------------------
Bananas, including plantains, fresh or dried 0 0 0 ----------------------
Dates, figs, pineapples, avocados, guavas, mangoes 0 0 0
and mangosteens, fresh. ----------------------
Citrus fruit, such as Oranges, Mandarins (including 0 0 0 ----------------------
tangerines and satsumas); clementines, wilkings and
similar citrus hybrids, Grapefruit, including pomelos, ----------------------
Lemons (Citrus limon, Citrus limonum) and limes
----------------------
(Citrus aurantifolia, Citrus latifolia), fresh.
Grapes, fresh 0 0 0 ----------------------
Melons (including watermelons) and papaws 0 0 0
----------------------
(papayas), fresh.
Apples, pears and quinces, fresh. 0 0 0 ----------------------
Apricots, cherries, peaches (including nectarines), 0 0 0
----------------------
plums and sloes, fresh.
Other fruit such as strawberries, raspberries, 0 0 0 ----------------------
blackberries, mulberries and loganberries, black,
white or red currants and gooseberries, cranberries, ----------------------
bilberries and other fruits of the genus vaccinium, ----------------------
Kiwi fruit, Durians, Persimmons, Pomegranates,
Tamarind, Sapota (chico), Custard-apple (ata), Bore, ----------------------
Lichi, fresh.
----------------------
Peel of citrus fruit or melons (including watermelons), 0 0 0
fresh. ----------------------
All goods of seed quality 0 0 0
----------------------
Coffee beans, not roasted 0 0 0
Unprocessed green leaves of tea 0 0 0 ----------------------
Seeds of anise, badian, fennel, coriander, cumin or 0 0 0
----------------------
caraway; juniper berries [of seed quality]
Fresh ginger, other than in processed form 0 0 0 ----------------------
Fresh turmeric, other than in processed form 0 0 0
----------------------
Wheat and meslin [other than those put up in unit 0 0 0
container and bearing a registered brand name] ----------------------
Rye [other than those put up in unit container and 0 0 0
----------------------
bearing a registered brand name]
Barley [other than those put up in unit container and 0 0 0 ----------------------
bearing a registered brand name]
----------------------
Oats [other than those put up in unit container and 0 0 0
bearing a registered brand name] ----------------------
Maize (corn) [other than those put up in unit container 0 0 0
and bearing a registered brand name] ----------------------
Rates of GST 93
Notes CGST SGST IGST
Description of Goods Rate Rate Rate
---------------------- (%) (%) (%)
---------------------- Rice [other than those put up in unit container and 0 0 0
bearing a registered brand name]
---------------------- Grain sorghum [other than those put up in unit 0 0 0
---------------------- container and bearing a registered brand name]
Buckwheat, millet and canary seed; other cereals such 0 0 0
---------------------- as Jawar, Bajra, Ragi] [other than those put up in unit
container and bearing a registered brand name]
----------------------
Wheat or meslin flour [other than those put up in unit 0 0 0
---------------------- container and bearing a registered brand name].
Cereal flours other than of wheat or meslin, [maize 0 0 0
----------------------
(corn) flour, Rye flour, etc.] [other than those put up
---------------------- in unit container and bearing a registered brand name]
Cereal groats, meal and pellets [other than those put 0 0 0
---------------------- up in unit container and bearing a registered brand
---------------------- name]
Cereal grains hulled 0 0 0
---------------------- Flour, of potatoes [other than those put up in unit 0 0 0
---------------------- container and bearing a registered brand name]
Flour, of the dried leguminous vegetables of heading 0 0 0
---------------------- 0713 (pulses) [other than guar meal 1106 10 10 and
guar gum refined split 1106 10 90], of sago or of
----------------------
roots or tubers of heading 0714 or of the products of
---------------------- Chapter 8 i.e. of tamarind, of singoda, mango flour,
etc. [other than those put up in unit container and
---------------------- bearing a registered brand name]
---------------------- All goods of seed quality 0 0 0
Soya beans, whether or not broken, of seed quality. 0 0 0
---------------------- Ground-nuts, not roasted or otherwise cooked, whether 0 0 0
---------------------- or not shelled or broken, of seed quality.
Linseed, whether or not broken, of seed quality. 0 0 0
---------------------- Rape or colza seeds, whether or not broken, of seed 0 0 0
---------------------- quality.
Sunflower seeds, whether or not broken, of seed 0 0 0
---------------------- quality.
---------------------- Other oil seeds and oleaginous fruits (i.e. Palm nuts 0 0 0
and kernels, cotton seeds, Castor oil seeds, Sesamum
---------------------- seeds, Mustard seeds, Saffower (Carthamus tinctorius)
seeds, Melon seeds, Poppy seeds, Ajams, Mango
---------------------- kernel, Niger seed, Kokam) whether or not broken, of
---------------------- seed quality.
94 Indirect Taxation
CGST SGST IGST Notes
Description of Goods Rate Rate Rate
(%) (%) (%) ----------------------
Seeds, fruit and spores, of a kind used for sowing. 0 0 0 ----------------------
Hop cones, fresh. 0 0 0
----------------------
Plants and parts of plants (including seeds and fruits), 0 0 0
of a kind used primarily in perfumery, in pharmacy or ----------------------
for insecticidal, fungicidal or similar purpose, fresh or
chilled. ----------------------
Locust beans, seaweeds and other algae, sugar beet 0 0 0 ----------------------
and sugar cane, fresh or chilled.
Cereal straw and husks, unprepared, whether or not 0 0 0 ----------------------
chopped, ground, pressed or in the form of pellets
----------------------
Swedes, mangolds, fodder roots, hay, lucerne (alfalfa), 0 0 0
clover, sainfoin, forage kale, lupines, vetches and ----------------------
similar forage products, whether or not in the form of
pellets. ----------------------
Lac and Shellac 0 0 0 ----------------------
Betel leaves 0 0 0
----------------------
Jaggery of all types including Cane Jaggery (gur) and 0 0 0
Palmyra Jaggery ----------------------
Puffed rice, commonly known as Muri, flattened or 0 0 0
beaten rice, commonly known as Chira, parched rice, ----------------------
commonly known as khoi, parched paddy or rice ----------------------
coated with sugar or gur, commonly known as Murki
Pappad, by whatever name it is known, except when 0 0 0 ----------------------
served for consumption
----------------------
Bread (branded or otherwise), except when served for 0 0 0
consumption and pizza bread ----------------------
Prasadam supplied by religious places like temples, 0 0 0
----------------------
mosques, churches, gurudwaras, dargahs, etc.
Water [other than aerated, mineral, purified, distilled, 0 0 0 ----------------------
medicinal, ionic, battery, de-mineralized and water
sold in sealed container] ----------------------
Non-alcoholic Toddy, Neera including date and palm 0 0 0 ----------------------
neera
Tender coconut water other than put up in unit 0 0 0 ----------------------
container and bearing a registered brand name ----------------------
Aquatic feed including shrimp feed and prawn feed, 0 0 0
poultry feed & cattle feed, including grass, hay & ----------------------
straw, supplement & husk of pulses, concentrates &
----------------------
additives, wheat bran & de-oiled cake
Salt, all types 0 0 0 ----------------------
Rates of GST 95
Notes CGST SGST IGST
Description of Goods Rate Rate Rate
---------------------- (%) (%) (%)
---------------------- Electrical energy 0 0 0
Dicalcium phosphate (DCP) of animal feed grade 0 0 0
---------------------- conforming to IS specification No.5470 : 2002
---------------------- Human Blood and its components 0 0 0
All types of contraceptives 0 0 0
----------------------
All goods and organic manure [other than put up in 0 0 0
---------------------- unit containers and bearing a registered brand name]
Kajal [other than kajal pencil sticks], Kumkum, Bindi, 0 0 0
---------------------- Sindur, Alta
---------------------- Municipal waste, sewage sludge, clinical waste 0 0 0
Plastic bangles 0 0 0
----------------------
Condoms and contraceptives 0 0 0
---------------------- Firewood or fuel wood 0 0 0
Wood charcoal (including shell or nut charcoal), 0 0 0
----------------------
whether or not agglomerated
---------------------- Judicial, Non-judicial stamp papers, Court fee stamps 0 0 0
when sold by the Government Treasuries or Vendors
---------------------- authorized by the Government
---------------------- Postal items, like envelope, Post card etc., sold by 0 0 0
Government
---------------------- Rupee notes when sold to the Reserve Bank of India 0 0 0
---------------------- Cheques, lose or in book form 0 0 0
Printed books, including Braille books 0 0 0
----------------------
Newspapers, journals and periodicals, whether or not 0 0 0
---------------------- illustrated or containing advertising material
Children's picture, drawing or colouring books 0 0 0
----------------------
Maps and hydrographic or similar charts of all kinds, 0 0 0
---------------------- including atlases, wall maps, topographical plans and
globes, printed
---------------------- Silkworm laying, cocoon 0 0 0
---------------------- Raw silk 0 0 0
Silk waste 0 0 0
----------------------
Wool, not carded or combed 0 0 0
---------------------- Fine or coarse animal hair, not carded or combed 0 0 0
Waste of wool or of fine or coarse animal hair 0 0 0
----------------------
Gandhi Topi 0 0 0
---------------------- Khadi yarn 0 0 0
---------------------- Jute fibres, raw or processed but not spun 0 0 0
96 Indirect Taxation
CGST SGST IGST Notes
Description of Goods Rate Rate Rate
(%) (%) (%) ----------------------
Coconut, coir fibre 0 0 0 ----------------------
Indian National Flag 0 0 0 ----------------------
Human hair, dressed, thinned, bleached or otherwise 0 0 0
worked ----------------------
Rates of GST 97
Notes 8.3 GOODS AT 0.25% RATE
---------------------- Following table gives the list of goods on which GST applied at rate of
---------------------- 0.25%.
Description of Goods CGST SGST IGST
----------------------
Rate Rate Rate
---------------------- (%) (%) (%)
Diamonds, non-industrial unworked or simply sawn, 0.125 0.125 0.25
---------------------- cleaved or bruted
---------------------- Precious stones (other than diamonds) and semi- 0.125 0.125 0.25
precious stones, unworked or simply sawn or roughly
---------------------- shaped
---------------------- Synthetic or reconstructed precious or semi-precious 0.125 0.125 0.25
stones, unworked or simply sawn or roughly shaped
----------------------
8.4 GOODS AT 03% RATE
----------------------
---------------------- Following table gives the list of goods on which GST applied at rate of 03%.
CGST SGST IGST
----------------------
Description of Goods Rate Rate Rate
---------------------- (%) (%) (%)
Pearls, natural or cultured, whether or not worked or 1.5 1.5 3
---------------------- graded but not strung, mounted or set; pearls, natural
---------------------- or cultured, temporarily strung for convenience of
transport
---------------------- Diamonds, whether or not worked, but not mounted 1.5 1.5 3
or set [other than Non-Industrial Unworked or simply
----------------------
sawn, cleaved or bruted]
---------------------- Precious stones (other than diamonds) and semi- 1.5 1.5 3
precious stones, whether or not worked or graded but
---------------------- not strung, mounted or set; ungraded precious stones
---------------------- (other than diamonds) and semi-precious stones,
temporarily strung for convenience of transport [other
---------------------- than Unworked or simply sawn or roughly shaped]
Synthetic or reconstructed precious or semi-precious 1.5 1.5 3
---------------------- stones, whether or not worked or graded but not strung,
---------------------- mounted or set; ungraded synthetic or reconstructed
precious or semi-precious stones, temporarily strung
---------------------- for convenience of transport [other than Unworked or
simply sawn or roughly shaped]
----------------------
Dust and powder of natural or synthetic precious or 1.5 1.5 3
---------------------- semi-precious stones
----------------------
98 Indirect Taxation
CGST SGST IGST Notes
Description of Goods Rate Rate Rate
(%) (%) (%) ----------------------
Silver (including silver plated with gold or platinum), 1.5 1.5 3 ----------------------
unwrought or in semi-manufactured forms, or in
powder form ----------------------
Base metals clad with silver, not further worked than 1.5 1.5 3 ----------------------
semi-manufactured
Gold (including gold plated with platinum) unwrought 1.5 1.5 3 ----------------------
or in semi-manufactured forms, or in powder form
----------------------
Base metals or silver, clad with gold, not further 1.5 1.5 3
worked than semi-manufactured ----------------------
Platinum, unwrought or in semi-manufactured forms, 1.5 1.5 3
or in powder form ----------------------
Base metals, silver or gold, clad with platinum, not 1.5 1.5 3 ----------------------
further worked than semi-manufactured
Waste and scrap of precious metal or of metal clad 1.5 1.5 3 ----------------------
with precious metal; other waste and scrap containing ----------------------
precious metal or precious metal compounds, of a
kind used principally for the recovery of precious ----------------------
metal.
----------------------
Articles of jewellery and parts thereof, of precious 1.5 1.5 3
metal or of metal clad with precious metal ----------------------
Articles of goldsmiths' or silversmiths' wares and 1.5 1.5 3
parts thereof, of precious metal or of metal clad with ----------------------
precious metal
----------------------
Other articles of precious metal or of metal clad with 1.5 1.5 3
precious metal ----------------------
Articles of natural or cultured pearls, precious or semi- 1.5 1.5 3
----------------------
precious stones (natural, synthetic or reconstructed)
Imitation jewellery 1.5 1.5 3 ----------------------
Coin 1.5 1.5 3
----------------------
8.5 GOODS AT 05% RATE ----------------------
Following table gives the list of goods on which GST applied at rate of 05%. ----------------------
Rates of GST 99
Notes CGST SGST IGST
Description of Goods Rate Rate Rate
---------------------- (%) (%) (%)
---------------------- Fish, dried, salted or in brine; smoked fish, whether
or not cooked before or during the smoking process;
---------------------- flours, meals and pellets of fish, fit for human
consumption 2.5 2.5 5
----------------------
Crustaceans, whether in shell or not, frozen, dried,
---------------------- salted or in brine; crustaceans, in shell, cooked by
steaming or by boiling in water, frozen, dried, salted
---------------------- or in brine; flours, meals and pellets of crustaceans, fit
---------------------- for human consumption 2.5 2.5 5
Molluscs, whether in shell or not, frozen, dried,
---------------------- salted or in brine; aquatic invertebrates other than
crustaceans and molluscs, frozen, dried, salted or in
----------------------
brine; flours, meals and pellets of aquatic invertebra
---------------------- other than crustaceans, fit for human consumption 2.5 2.5 5
Aquatic invertebrates other than crustaceans and
---------------------- molluscs, frozen, dried, salted or in brine; smoked
---------------------- aquatic invertebrates other than crustaceans and
molluscs, whether or not cooked before or during the
---------------------- smoking process: flours, meals and pellets of aquatic
invertebrates other than crustaceans and molluscs, fit
---------------------- for human consumption 2.5 2.5 5
---------------------- Ultra-High Temperature (UHT) milk 2.5 2.5 5
Milk and cream, concentrated or containing added
---------------------- sugar or other sweetening matter, including skimmed
---------------------- milk powder, milk food for babies [other than
condensed milk] 2.5 2.5 5
---------------------- Cream, yogurt, kephir and other fermented or
acidified milk and cream, whether or not concentrated
----------------------
or containing added sugar or other sweetening matter
---------------------- or flavoured or containing added fruit, nuts or cocoa 2.5 2.5 5
Whey, whether or not concentrated or containing
---------------------- added sugar or other sweetening matter; products
---------------------- consisting of natural milk constituents, whether or not
containing added sugar or other sweetening matter,
---------------------- not elsewhere specified or included 2.5 2.5 5
Chena or paneer put up in unit container and bearing
----------------------
a registered brand name 2.5 2.5 5
---------------------- Birds' eggs, not in shell, and egg yolks, fresh, dried,
cooked by steaming or by boiling in water, moulded,
---------------------- frozen or otherwise preserved, whether or not
---------------------- containing added sugar or other sweetening matter. 2.5 2.5 5
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
----------------------
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Activity 1
----------------------
---------------------- List down at least five goods in each rate type of 0%, 0.25%, 3%, 5% and
12% under GST
----------------------
----------------------
Check your Progress 1
----------------------
Fill in the blanks
----------------------
1. The government has kept a large number of items under ________
---------------------- tax slab.
2. Currently the lowest rate of GST is ______
----------------------
----------------------
Summary
----------------------
●● GST given its implications on earnings of companies.
---------------------- ●● The government has kept a large number of items under 18% tax slab.
---------------------- ●● The government categorised majority of the items under various tax slabs.
---------------------- ●● The GST slabs are pegged at 0.25%, 3%, 5%, 12%, 18% and 28%.
---------------------- Keywords
---------------------- ●● ates under GST: The GST slabs are pegged at 0.25%, 3%, 5%, 12%,
R
---------------------- 18% and 28%.
----------------------
----------------------
----------------------
----------------------
Check your Progress 1
----------------------
Fill in the blanks
1. The government has kept a large number of items under 18% tax slab. ----------------------
2. Currently the lowest rate of GST is 0%. ----------------------
----------------------
Suggested Reading
----------------------
1. https://cbec-gst.gov.in
----------------------
2. https://www.bankbazaar.com/tax
3. http://www.idtc.icai.org ----------------------
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9
Structure:
9.1 Introduction
9.2 Goods at 18% Rate
9.3 Goods at 28% Rate
9.4 Impact of GST on Manufacturing Sector
9.5 Impact of GST on Service Sector
Summary
Keywords
Self-assessment questions
Answer to check your progress
Suggested reading
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Activity 1
----------------------
List down at least five goods in each rate type of 18% and 28% under GST
----------------------
----------------------
---------------------- Undoubtedly, the Goods and Services Tax, popularly referred to as GST,
is one of the most remarkable historic reforms in the effort to bring the entire
---------------------- nation under a single tax regime. The earlier taxation system was mainly divided
into two major categories- Direct Taxes and Indirect Taxes (Excise Duty, Sales
---------------------- Tax, Local Body Tax, Customs Duty, and Service tax), depending on whether
---------------------- the tax burden is borne by the payer directly or shifted to others in the value
chain.
---------------------- This taxation system ultimately led to the tax on tax cycle resulting in
---------------------- increased cost of all goods and services. Thus, GST is a move to merge the
taxation system to make it simpler and more effective.
---------------------- So, basically with the notion of ‘one nation, one tax, one market’, GST
---------------------- will subsume the indirect taxes both at the central level and state level. These
alterations have impacted every sector of the economy and have also ensured in
---------------------- bringing every business under the tax net.
---------------------- The Indian manufacturing industry has emerged as one of the high growth
sectors in India, and the launch of ‘Make in India’ initiative further propelled
---------------------- and gave this sector the necessary boost.
---------------------- According to the Global Manufacturing Competitiveness Index published
by Deloitte, India is expected to set its global mark by becoming the fifth largest
---------------------- manufacturing country in the world by the end of the year 2020. In addition, the
Government of India has set an ambitious target of increasing the GDP share of
----------------------
manufacturing industry from its current stagnant 16% to 25% by 2025. (Source:
---------------------- https://www.ibef.org/industry/manufacturing-sector-india.aspx).
So far, the complex tax structure has been one of the main reasons affecting
----------------------
the progress of the Indian manufacturing sector. But, the implementation of the
190 Indirect Taxation
unified tax system – GST, the manufacturing sector is set for an overall revival Notes
impacting factors such as production cost, operation cost, logistics cost, and
time and compliance savings. ----------------------
Following are the advantages of GST implementation to manufacturing sector ----------------------
1. Goods and Services Tax (GST) is expected to provide a major boost to
the manufacturing sector. It has subsumed various taxes that were earlier ----------------------
imposed on manufacturers. ----------------------
2. Before GST, excise duty had to be paid as a specified percentage of
Maximum Retail Price (MRP). However, under GST the excise duty will ----------------------
have to be paid on the ex-factory transaction value leading to lower tax ----------------------
burden.
3. Pre-GST Central taxes could not be offset against State wise taxes and ----------------------
there were cascading layers of taxation. With the introduction of GST, ----------------------
such issues get addressed as set-offs are allowed across the production
and value chain. ----------------------
4. Subsuming of entry taxes for interstate transfers will reduce the cost of ----------------------
goods and services, thereby boosting demand.
5. GST will provide a simple single point registration unlike the old regime ----------------------
in which each production facility had to be registered separately.
----------------------
6. Under the new tax law, manufacturers can claim input tax credit on input
goods which will have positive impacts on cash flows. ----------------------
7. Another benefit would be the provision of a single Goods and Services ----------------------
Tax Identification Number (GSTIN) instead of the multiple registrations
required for service tax, VAT, CST. ----------------------
8. Manufacturers will also be able to optimise their supply chain for business ----------------------
efficiency. Warehousing and location decisions will be taken on the basis
of economic efficiency such as costs and locational advantages instead of ----------------------
tax efficiency.
----------------------
9. Assessment of income of manufacturer by many separate authorities for
VAT, Service Tax, Central Excise, etc. has been replaced by only three ----------------------
authorities – Central, State and Interstate.
----------------------
9.5 IMPACT OF GST ON SERVICE SECTOR ----------------------
Indirect taxes of services, mainly service tax have always been contributing
----------------------
more taxes to the Government’s Revenue. Services solely contribute a major
part of the whole Gross Domestic Product (GDP), subsequently, it shows ----------------------
the major contribution of Services in taxes also. Service sector does not only
dominate the GDP contribution but attracts the foreign investment towards ----------------------
the Indian Economy. Service Sector contributes significantly in export as well
----------------------
as provide a large scale employment. India’s services sector covers a wide
variety of activities such as trade, hotel and restaurants, transport, storage and ----------------------
communication, financing, insurance, real estate, business services, community,
social and personal services, and services associated with construction. ----------------------
---------------------- Keywords
---------------------- ●● ake in India: Initiative of government of India to promote domestic
M
manufacturing sector.
---------------------- ●● GDP: Gross Domestic Product
----------------------
Self-Assessment Questions
----------------------
1. Write a short note on impact of GST on manufacturing sector
---------------------- 2. Write a short note on impact of GST on service sector
---------------------- 3. State different advantages of GST law to the manufacturing sector