Levy and Charges of 

GST
In India, there is wide socio-economic gap and it would not be feasible to levy same rate of tax
for necessary items like milk and luxury items like BMW Cars. Therefore, it was critical to set
different rates for different class of items.
There are four slabs fixed for GST Rates – 5%, 12%, 18% and 28%.
Items exempted under GST:
Milk, eggs, curd, buttermilk, Fresh vegetables and fruits, Un-branded wheat and rice, un-branded
flour, Puja Items
Items under 5% 
Frozen Vegetables and fruits, branded wheat and rice, branded flour, hand-made safety matches,
cotton, cotton fabrics, Footwear below Rs.500
Items under 12% 
Butter, Cheese, Dry fruits, mobile phones, ayurvedic products
Items under 18% 
Biddi wrapper leaves, biscuits, footwear exceeding Rs. 500, man-made fiber, hair oil, soap,
toothpaste
Items under 28%
LED TV, AC, Cars, tobacco products, cement
Note: GST Rate Subject to Change TIMT to TIME

Activities or Transactions which shall be treated as neither supply of

goods nor as supply of services
Certain supplies are neither treated as supply of goods nor services. In normal course, such
supplies would be treated as a taxable supply. However, by providing for exceptions the
legislature makes it clear not to tax such supplies.
Statutory provision:
Section 7(2) overrides sub-section (1) thereof and lists out certain activities or transactions
referred to in Schedule III and Government activities/functions as notified by GST Council,
which are neither supply of goods or services. But for this exception these activities or
transactions would have been treated as taxable supplies as the expression ‘supply’ is wide
enough to capture it.
Schedule III:
Schedule III to CGST Act provides for a list of activities/transactions, which are neither supply
of goods nor services:
1. Services by an employee to the employer in the course of or in relation to his employment.
2. Services by any Court or Tribunal established under any law for the time being in force. The term
“Court” in this context would include District Court, High Court and Supreme Court.
3. The functions performed by the Members of Parliament, Members of State Legislature, Members
of Panchayats, Members of Municipalities and Members of other local authorities.
 4. The duties performed by any person who holds any post in pursuance of the provisions of the
Constitution in that capacity. E.g.: Chief Election Commissioner, Comptroller and Auditor
General.
5. 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. Eg: Chairperson or Member of
Industrial Area Development Board.
6. Services of funeral, burial, crematorium or mortuary including transportation of the deceased.
This activity is currently exempted under the ST regime.
7. Sale of land. This is a State subject and hence excluded as it is not yet subsumed in GST.
8. Sale of building. Exception to this entry is 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 after its first occupation, whichever is earlier. Note: For a
more detailed explanation readers are requested to see the write up on “Supplies deemed to be
either goods or services”.
9. Actionable claims, other than lottery, betting and gambling. The term ‘actionable claim’ has the
meaning assigned to it in section 3 of the Transfer of Property Act, 1882 and has a wide
connotation. Further the definition of ‘goods’ in section 2(52) of the CGST Act includes
actionable claim also. However, only the actionable claims w.r.t. lottery, betting and gambling
would be a taxable supply.

Place and Time of Supply

Under GST, 3 types of taxes can be charged in the invoice. SGST and CGST in case of an intra-
state transaction and IGST in case of an interstate transaction. But deciding whether a particular
transaction is interstate or intrastate is not an easy task.
Think about an online training where customers are sitting in different parts of the world.
Say in case, hotel services, where the receiver may have an office in another state and may be
visiting the hotel only temporarily, or where goods are sold on a train journey passing through
different states.
To help address some of these situations, the IGST act lays down certain rules which define
whether a transaction is inter or intrastate. These rules are called the place of supply rules.
Time of supply means the point in time when goods/services are considered supplied’. When the
seller knows the ‘time’, it helps him identify due date for payment of taxes.
Place of supply is required for determining the right tax to be charged on the invoice, whether
IGST or CGST/SGST will apply.
Value of supply is important because GST is calculated on the value of the sale. If the value is
calculated incorrectly, then the amount of GST charged is also incorrect
1. Time of Supply
Time of supply means the point in time when goods/services are considered supplied’. When the
seller knows the ‘time’, it helps him identify due date for payment of taxes.
CGST/SGST or IGST must be paid at the time of supply. Goods and services have a separate
basis to identify their time of supply. Let’s understand them in detail.
A. Time of Supply of Goods
Time of supply of goods is earliest of:
1. Date of issue of invoice
2. Last date on which invoice should have been issued
3. Date of receipt of advance/ payment*.
B. Time of Supply for Services
Time of supply of services is earliest of:
1. Date of issue of invoice
2. Date of receipt of advance/ payment.
3. Date of provision of services (if invoice is not issued within prescribed period)
2. Place of supply
It is very important to understand the term ‘place of supply’ for determining the right tax to be
charged on the invoice.   
Here is an example:
Location of Service Receiver Place of supply Nature of Supply GST Applicable
Maharashtra Maharashtra Intra-state CGST + SGST
Maharashtra Bihar Inter-state IGST
A. Place of Supply of Goods
Usually, in case of goods, the place of supply is where the goods are delivered.
So,  the place of supply of goods is the place where the ownership of goods changes.
What if there is no movement of goods. In this case, the place of supply is the location of goods
at the time of delivery to the recipient.
B. Place of Supply for Services
Generally, the place of supply of services is the location of the service recipient.
In cases where the services are provided to an unregistered dealer and their location is not
available the location of service provider will be the place of provision of service.
Special provisions have been made to determine the place of supply for the following services:
 Services related to immovable property
 Restaurant services
 Admission to events
 Transportation of goods and passengers
 Telecom services
 Banking, Financial and Insurance services.

Valuation for GST
Currently, GST will be charged on the ‘transaction value’. Transaction value is the price actually
paid (or payable) for the supply of goods/services between un-related parties (i.e., price is the
sole consideration)
The value of supply under GST shall include:
1. Any taxes, duties, CESS, fees, and charges levied under any act, except GST. GST Compensation
CESS will be excluded if charged separately by the supplier.
2. Any amount that the supplier is liable to pay which has been incurred by the recipient and is not
included in the price.
3. The value will include all incidental expenses in relation to sale such as packing, commission
etc.
4. Subsidies linked to supply, except Government subsidies will be included.
5. Interest/late fee/penalty for delayed payment of consideration will be included.
Example
Let us consider an example of ABC, a manufacturer, selling tools and hardware like drills,
polishers, spades etc. It sells a power drill to XYZ a wholesaler. The MRP is Rs. 5,500 but ABC
sells it for Rs. 3,000.
Currently, the invoice will look like-
Power Drill 3,000
Add: Excise @ 12.5% 375
Subtotal 3,375
Add: VAT @14.5% (on subtotal) 490
Total 3,865
Value of supply under GST
The value of goods &/or services supplied is the transaction value, i.e. the price paid/payable,
which is Rs 3,000 in the example. Assuming CGST=9% and SGST= 9%
Power Drill 3,000
Add: CGST @9% 270
Add: SGST @9% 270
Total 3,540
Discounts
Discounts will be treated differently under GST discounts given before or at the time of supply
will be allowed as a deduction from transaction value. Discounts given after supply will be
allowed only if certain conditions are satisfied.
Valuation of supply when a transaction is not in INR.
When exports are made the invoice may be raised by the taxpayer in Foreign Currency. The
IGST (if any) charged in the invoice will be converted using RBI Exchange Rate. The exchange
rates are available on the RBI Website.
RBI exchange rates are to be used in case of imports too. When reverse charge is applicable on
imported supplies the invoice amount must be converted using the RBI Exchange Rate.

GST Valuation Rules

1. Value of supply of goods or services where the consideration is not entirely in money
Where the supply of goods or services is for a consideration not wholly in money, the value of
the supply shall,
  Be the open market value of such supply.
(I) if open market value is not available, be the sum total of consideration in money and any
such further amount in money as is equivalent to the consideration not in money if such amount
is known at the time of supply.
(II) if the value of supply is not determinable under clause (a) or clause (b), be the value of
supply of goods or services or both of like kind and quality.
(III) if value is not determinable under clause (a) or clause (b) or clause (c), be the sum total of
consideration in money.
For Example:
(i) Where a new phone is supplied for Rs. 20000 along with the exchange of an old phone and if
the price of the new phone without exchange is Rs. 24000, the open market value of the new
phone is Rs. 24000.
(ii) Where a laptop is supplied for Rs. 40000 along with a barter of printer that is manufactured
by the recipient and the value of the printer known at the time of supply is Rs. 4000 but the open
market value of the laptop is not known, the value of the supply of laptop is Rs. 44000.
2. Value of supply of goods or services or both between distinct or related persons,
other than through an agent
The value of the supply of goods or services or both between distinct persons as specified in sub-
section (4) and (5) of section 25 or where the supplier and recipient are related, other than where
the supply is made through an agent, shall,-
 be the open market value of such supply.
 if open market value is not available, be the value of supply of goods or services of like
kind and quality.
 if value is not determinable under clause (a) or (b), be the value as determined by
application of rule 4 or rule 5, in that order:
Provided where the recipient is eligible for full input tax credit, the value declared in the invoice
shall be deemed to be the open market value of goods or services.
3. Value of supply of goods made or received through an agent
The value of supply of goods between the principal and his agent shall:
 Be the open market value of the goods being supplied
 At the option of the supplier, be 90% of the price charged for the supply of goods of
like kind and quality by the recipient to his customer not being a related person, where
the goods are intended for further supply by the said recipient;
For Example:
(i) 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 Rs. 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 Rs. 4550 per quintal. The value of the supply made by the principal shall be
Rs. 4550 per quintal or where he exercises the option the value shall be 90% of the Rs. 5000 i.e.
is Rs. 4500 per quintal.
4. Value of supply of goods or services or both based on cost
Where the value of a supply of goods or services or both is not determinable by any of the
preceding rules, the value shall be one hundred and ten percent of the cost of production or
manufacture or cost of acquisition of such goods or cost of provision of such services.

Exemptions to small scale industries

Meaning of Small-Scale Exemption.
Under the provisions of the Central Excise Act a Small-Scale Industry is one whose aggregate
value of Turnover does not exceed Rs. One Hundred and Fifty Lakhs made on or after the 1st
day of April in any financial year.
Products covered under the SSI Exemption Notification.
The exemption to be given to SSIs are not applicable for all the goods. The benefit of the said
notification is restricted to the products listed in the notification. The notification covers most of
the products to fulfill the intension of the notification.
However, tobacco products, pan masala, watches, matches, aluminum patties/patta, steel
pattis/pattas and some textile products are specifically excluded from SSI exemption.