You are on page 1of 41

CA INTERMEDIATE

PAPER 4: TAXATION
[for November 2022 Exams]

CA Deep Jain

We have announced Free Tax Revision Lectures for Nov


22 CA Inter.
Whatsapp ' Register for Free Tax Revision Lectures
CA Inter Nov 22' on 9313119022.
A Note from the Author
“The beautiful thing about learning is that nobody can take it away from
you.”-B.B. King

Dear Student,

Hope you are taking good care of yours and your family health.

My name is Deep Jain, and I am the author of this book. In addition to being qualified
Chartered Accountant, I am very passionate about teaching, I have hands-on experience in
the field of Taxation and have intense knowledge about the subject.

Reasons behind writing this book:

When I was a student, I always had these types of questions in my mind while studying.

 The Syllabus is huge, what to study and What to leave?


 How to remember all the minute details?
 How to revise 1.5 days before the exam?

So, I decided to answer this questions myself and decided to cover the whole syllabus in a
condensed and concise manner for my exams and it worked out as I was able to cover the
whole syllabus in few pages which is the key for revision before exams. As more you revise
more you retain.

I am sure that this book can be a “ONE STOP SOLUTION” for your upcoming Taxation
Paper with right study strategy.

Thankful to my parents and my guru for their continuous support.

All the best, Future CA

Happy Learning!
Regards,
CA Deep Jain

©Author
No part of this book may be reproduced, stored in a retrieval system, or distributed in any form, or
by any means, electronic, mechanical, photocopying, recording, scanning, web or otherwise without
the written permission of the author. Information and contents of this book have been collated
with utmost care, caution and dedication in order to provide a reliable and comprehensive textual
reference for readers. However, any mistake or errors that may have crept in due to any
inadvertence does not impose any legal liability over the author
S. No Topics Page
No
1) Basic Concepts and Tax Rates 2-4
2) Residence and Scope of Total Income 5-6
3) Income which do not form part of Total Income 7-8
4) Income From Salaries 9-13
5) Income From House Property 14-15
6) Profits or Gains from Business and Profession 16-24
7) Income From Capital Gains 25-32
8) Income from Other Sources 33-35
9) Income of Other Person included in Assesse’s Total Income 36-36
10) Deduction from Gross Total Income 37-40
11) Set off and Carry forward of Losses 41-41
12) Advance Tax 42-42
13) Interest U/s 234A/B/C 43-43
14) TDS and TCS 44-49
15) Provision for filing return of income and Self-Assessment 50-52

S. No Chapter Name Page


No
1) Introduction to GST 54-54
2) Supply under GST 55-57
3) Charge of GST 58-63
4) Exemption from GST 64-70
5) Time of Supply 71-71
6) Value of Supply 72-72
7) Input Tax Credit 73-74
8) Registration 75-79
9) Tax Invoice; Credit and Debit notes and E-Way bill 80-84
10) Payment of Taxes 85-86
11) Returns 87-90

We have announced Free Tax Revision Lectures for Nov 22


CA Inter.
Whatsapp ' Register for Free Tax Revision Lectures CA
Inter Nov 22' on 9313119022.
PART B: INDIRECT TAX

53
TAX Genesis of GST in India Taxes Subsumed in GST

Direct Tax Indirect Tax  France was the First country to implement Central Taxes State Taxes Taxes Not Subsumed
Imposed on tax Imposed on GST in 1954 1. Central Excise Duty 1. State surcharges and cesses.
Payer Goods/Services  At Present, more than 160 Counties have 2. Service Tax 2. Entertainment Tax (except
Burden is on the Burden is shifted to implemented it. 3. CVD & Special CVD those levied by local bodies)
person on whom tax ultimate consumer  Dr Kelkar Task Force recommended the need 4. Central Sales Tax 3. Tax on lottery, betting and
is imposed of a national GST on 16-07-2004 5. Central surcharges & gambling
Progressive in nature Regressive in nature  GST has been implemented cross India w.e.f Cesses 4. Entry Tax (All Forms) &
Income Tax GST and Customs 1st July 2017 Purchase Tax
 GST in the state of Jammu & Kashmir came 5. VAT/ Sales tax & Luxury Tax
Deficiencies in Earlier Tax Laws
into force w.e.f. 8th July 2017
 Cascading effect of tax on tax Benefits of GST Constitutional Provisions
 No CENVAT after manufacturing
stage  Creation of unified national market Article Provisions
 Non- integration of VAT & Service tax  Boost to make in India Initiative 265 No tax shall be levied or collected except by authority of law
 Double taxation of a transaction as  Enhanced Investment and Employment 245 Parliament may make laws for the whole or any part of the territory of India, and
both goods and services.  Ease of Doing Business the legislature of a State may make laws for the whole or any part of the State
 Non – inclusion of several local levies in  Automated process with greater use of IT 7th It contains three lists which enumerate the matters under which the Union and the
state VAT such as luxury tax,  Reduction in Compliance cost Schedule to State Governments have the authority to make laws.
entertainment tax etc.  Benefits to small traders and entrepreneurs 246 LIST 1: Union List [CG], LIST 1: State List [SG], LIST 3: Concurrent List [CG and
 Elimination of multiple taxes and double
Concept of GST SG]
taxation
246A Provides Parliament and State legislative to levy GST simultaneously.
 GST is a value added tax levied on Framework of GST as Introduced in India Parliament has exclusive power to make GST laws w.r.t interstate and commerce
manufacture, sale and consumption of 269A IGST on supplies in the course of inter-State trade or commerce shall be levied
goods and services. Dual GST Model:
and collected by the Government of India and such tax shall be apportioned
 Comprehensive and continuous chain of India has adopted a Dual GST model is imposed
between the Union and the States
credit concurrently by the Centre and States, GST levied by
279A: GST Sept 2016. The President constituted the GST council on 15th Sept 2016.
 Credit for the taxes paid at each Centre: CGST and GST Levied by state/Union
Council Every decision of the GST Council is taken by a majority of not less than three-
stage. territory: SGST/UTSGT
fourths of the weighted votes of the members present and voting. Vote of the
 No tax on tax. Sources of GST Law Centre has a weightage of one-third of total votes cast and votes of all the State
 No Differentiation between goods and Governments taken together has a weightage of two-thirds of the total votes cast,
services  Central Goods and Services, Act, 2017 [CGST]
in that meeting
 State Goods and Services Act, 2017 [SGST]
Features of GST Functions of Council:
 Union territory Goods and Service tax Act,
The function of the Council is to make recommendations to the Union and the
 Tax on supply of G/S 2017 Act, 2017 [UTGST]
States on important issues like tax rates, exemptions, Threshold limits, dispute
 It is destination-based tax  Integrated Goods and Services Act, 2017
resolution etc. Special provisions for special category state. Dates on which GST
 Consumption tax. [IGST]
levied on Petroleum crude, high speed diesel, motor spirit, natural gas and
 It is Value added tax  GST Compensation State, 2017 54
aviation turbine fuel
Some Basic Points Actionable Claims Sec 7: Meaning and Scope of Supply
The taxable event under GST is supply.
 Means claim to unsecured debts
The scope of supply under GST can be
or beneficial interest in movable
understood in terms of following
property not in the possession of Sec 7(1)(a) Sec 7(1)(b) Sec 7(1)(C) read with SCH I
parameters:
claimant.
 Supply should be of goods or be All forms of supply of goods or Importation of The activities specified in
E.G. = Betting, Gambling, Lottery, 
made for services services or both such as sale, Schedule I, made or agreed to
Insurance Claims, Right to recover services for
 Supply should be of goods or be transfer, barter, exchange, licence, be made without a consideration
arrears of rent. consideration
made for a services consideration. It means Supply without
rental, lease or disposal made or whether or not in 
 Supply should be made in the consideration [Deemed Supply]
agreed to be made for a consideration course or
course or furtherance of business Discuss the applicability of GST in the
following cases: by a person in the course or furtherance of
 Supply should be made by a be a
taxable person. Sale of Neither goods nor furtherance of business. business
Sec 2(52): Goods Debentures services and
therefore
 Every kind of movable property. Cash Deposit Transaction in
 Other than money and securities. in Bank money: Neither
With Without
 But includes actionable claim, goods nor services
Consideration Consideration
growing crops, grass and things Housing Loan Transaction in
attached to or forming part of money: neither
the land which are agreed to be goods nor services
severed before supply or under a Interest on Activities relating In course or Not in course or From Related Person / Other Person
contract of supply. Housing Loan to use of money it furtherance of furtherance of Distinct Person + in the
Sec 2(102): Services is service Business Business course or furtherance
Processing It is a supply of of Business
 Anything other than goods, money fees service (Sep
and securities Consideration)
 But includes activities relating to Service For provision of
the use of money or its conversion charges or service and
by cash or by any other mode, service fees Chargeable to
from one form, currency or Sec 7(1)(c) read with Sch I: Deemed Supply
or GST
denomination, to another form,  Permanent Transfer/Disposal of Business Assets [Where ITC has been availed]
documentation
currency or denomination for  Supply between related persons or distinct persons [Supply between employer and employee not
fees or
which a separate consideration is supply]
broking
charged.  Supply between principal and agent and vice-versa [Agent is further supplying or procuring in his
charges
 Services includes facilitating or name] [Where agent is supplying to customer in name of principle = No Supply]
arranging transactions in  Import of services by a taxable person from a related person or from any of his other
securities. establishments outside India, in the course or furtherance of business.
55
Supply between Related person Sec 7(1) (1A) read with SCH II Sec 7(1) (1A) read with SCH II Sec 7(2) (a) read with SCH III
or distinct person
Where certain activities or transactions, 4. Development, design, 7. Functions performed by MP/MLA/MLC etc.
 Supply must be made in the constitute a supply in accordance with programming, customisation,  Duties performed by any person who holds constitution post
course of business. the provisions of sub-section (1), they adaptation, up gradation, holder.
 Stock transfers or Branch shall be treated either as supply of goods enhancement, implementation  Duties performed by any chairperson/member/director in
transfers (with different GST [SOG] or supply of services [SOS] as of IT software any body established by govt
registration) = Supply referred to in Schedule II. 5. Refrain or tolerate to do an 7. Supply of goods from a place in the non-taxable territory to
 Gifts by employer to employee Transfer of Title in: act another place in the non-taxable territory without such
in a FY > __________ = GST  Goods: SOG 6. Transfer of right to use goods goods entering into India.
Applicable  Right in goods/undivided share: Following Composite supplies: 8. Bond to bond transfer
Meaning of Related Person: SOS  Works contract services: SOS Sec 7(2) (b) read with SCH III
 Title in future [Hire purchase]:  Restaurant and catering
 Officers/directors of one SOG services: SOS Activities or transactions undertaken by CG/SG/LA public
another’s business Land and Building: Supply of goods by an unincorporated authorities: ______________________-
 Employer & Employee  Lease, tenancy, easement, license association or body of persons to a Sec 7(3):
 Partner (Legally to occupy land: SOS member thereof for cash, deferred
 Family Members  Lease/letting out of building: payment or other valuable Government may on the recommendation of the council specify by
 Sole agent/distributor of SOS consideration: SOG. notification the transactions that are treated as:
other Treatment or Process: Sec 7(2) (a) read with SCH III  SOG and not SOS
 Person controls other person  On other person’s goods: SOS  SOS and not SOG
 3rd person holds ≥ 25% shares Transfer of Business Asset: Negative list under GST:
of both person  Permanent transfer/disposal: Following shall be treated as neither Sec 8: Composite and Mixed Supply
 Such person together control SOG supply of goods or supply of services
3rd person  Put to private use or are made Composite Supply Mixed Supply
Meaning of Distinct Person: available for non-business 1. Services by employee to It comprises two or more It comprises two or more
purpose: SOS employer [in the course or taxable supplies of G/&S or any individual supplies of G/&S or
 The establishments of a
 At the time of closure of relation to his employment]. combination thereof naturally any combination thereof, made in
person with separate
Business before he ceases to be 2. Services by any court or bundled & supplied in conjunction conjunction with each other by a
registrations whether within
taxable person: Deemed SOG Tribunal established under any with each other in ordinary taxable Person for a single price
the same State/UT or in
Exception: law for the time being in force. course of business one of which where such supply does not
different States/UTs are
1. Business transferred as going 3. Services of funeral, burial, is a principal supply constitute a composite supply
considered as distinct persons.
concern. crematorium or mortuary Supply are dependent on each Individual Supply are
 Where a person having one
2. Business carried on by including transportation of the other independent of each other
registered establishment in a
representative. deceased. Treated as a supply of such Treated as supply of that
State/UT has another
Following Shall be Supply of Services: 4. Sale of land and completed principal supply. particular supply that attracts
establishment in a different
1. Renting of immovable property building. Highest Rate of Tax.
State/UT [not necessarily
2. Construction of complex, building, 5. Actionable claims, other than _____________________ ___________________
registered], these
civil structure, etc. lottery, betting and gambling supply will be levied on whole
establishments are considered
3. Temporary transfer or permitting 6. Supply of warehoused goods to supply.
as establishments of distinct
use or enjoyment of any any person before clearance Charger supplied along with A gift pack comprising of
persons
intellectual property right for home consumption mobile phones choclates, candies 56
Significant Circular/Notifications Significant Circular/Notifications Significant Circular/Notifications

Donations received by charitable institutions from Grant of alcoholic liquor licence: Issues DCA is an agent DCA is not an agent
individual donors, without quid pro quo:  Services by way of grant of alcoholic Whether a DCA Where the invoice for supply of Where the invoice for supply of
GST will not be levied on consideration received liquor licence by the State Governments falls under the goods is issued by the DCA in goods is issued by the supplier to
namely: - are treated neither as a supply of goods ambit of agent his own name, the DCA would the customer, either himself or
 The gift or donation is made to a charitable nor as a supply of service under Schedule I of fall under the ambit of agent. through DCA, the DCA does not
organization,  It may be noted that services provided the CGST Act? fall under the ambit of agent
 The payment has the character of gift or by the Government to business entities Whether Temporary  Activity of extension of  Loan provided by DCA to
donation and including by way of grant of privileges, Short-term credit by DCA to buyer buyer is a supply of service
 The purpose is philanthropic (i.e.it leads to no licences, mining rights, natural resources transaction-based would not be considered by DCA to buyer on P-P
commercial gain) and not advertisement. such as spectrum etc. against payment of loan extended by as a separate supply as basis & is independent
consideration in the form of fee, royalty DCA to buyer, for it is in context of supply supply.
Art works sent by artists to galleries for etc. are taxable under GST: Tax is which interest is of goods made by DCA  Therefore, interest
exhibition is not a supply as no consideration flows required to be paid by the business charged by DCA, is to buyer. charged by DCA would not
from the gallery to the artists: No Supply and NO entities on such services under reverse to be included in  Value of Interest → form part of value of
GST charge value of goods included in VOS of supply of goods supplied
supplied by supplier goods by DCA to buyer (to the buyer)by the
Sales promotion expenses under GST Schemes: Involving supply of both goods (parts) & (principal)? supplier
Case Answers services (labour) where Value of Goods &
Free Services are shown separately.
Samples and GST will be levied separately on goods & services Clarification in respect of goods sent/ taken out of India for exhibition or on
Free Gifts @ applicable rates to each of them consignment basis for export promotion

Others:  It is, accordingly, clarified that the activity of sending/ taking the goods out of
 Printing of Books, pamphlet → India for exhibition or on consignment basis for export promotion, do not constitute
__________; Papers are ancillary supply as the said activity does not fall within the scope of section 7 of the CGST
Buy one Get supply. Act as there is no consideration at that point in time, except when such activity
one free  Printed envelop, cartons → Supply of
satisfy the tests laid down in Schedule I of the CGST Act.
Goods; printing is ancillary supply.
 It is, accordingly, clarified that the activity of sending/ taking the goods out of
 Re-treading of tyres→ Supply of service.
India for exhibition or on consignment basis for export promotion, do not constitute
Rubber is ancillary supply
supply as the said activity does not fall within the scope of section 7 of the CGST
Transfer of Tenancy Rights/Pagadi System:  Supply of re-treaded tyres → Supply of
Goods Act as there is no consideration at that point in time, except when such activity
 Transfer of tenancy right against
satisfy the tests laid down in Schedule I of the CGST Act.
consideration (tenancy premium) → Treated
as SOS liable for GST
 Transfer of tenancy rights cannot be treated
as sale of L/B & thus is leviable to GST
 Grant of tenancy rights in a residential
dwelling for use as residence dwelling against
tenancy premium or periodic rent or both is
exempt. 57
Some Basic Points
Extent and Commencement CGST/SGST/UTGST/IGST Act Sec 2(56): India:
 CGST and SGST/UTGST are levied
 territory of India as referred to in article 1 of
on all intra-State supplies of goods
Applicability Intra-State Supply Inter-State the Constitution
and/or services while IGST is levied
Supply  its territorial waters, seabed and sub-soil
on all inter-State supplies of goods
CGST SGST UTGST IGST underlying such waters, continental shelf,
and/ or services
States of India exclusive economic zone or any other maritime
 The provisions relating to levy and
Union Territories with State legislature (Delhi, zone as referred to in the Territorial Waters,
collection of CGST and IGST are
Jammu & Kashmir and Puducherry) Continental Shelf, Exclusive Economic Zone and
contained in section 9 of the CGST
Union Territories without State legislature (i.e. other Maritime Zones Act, 1976
Act, 2017 and section 5 of the
Andaman & Nicobar Islands, Lakshadweep, Ladakh  the air space above its territory and territorial
IGST Act, 2017
Dadra and Nagar Haveli & Daman and Diu, waters
Particulars Intra-State Inter-State
Chandigarh and other Territory)
Meaning Location of Location of
supply & Place supply & Place
of supply are of supply are Sec 9 of the CGST Act, and Sec 5 of the IGST Act: Levy and Collection of CGST/IGST
in Same State in different
or Same UTs States or
different UTs Sec 9(1) Sec 9(2) Sec 9(3) Sec 9(4) Sec 9(5)
Taxes CGST +SGST IGST  CGST shall be levied on all No Levy of GST on ‘petroleum  CG to notify Tax Payable on E-Commerce Operator:
[UTGST for intra-State supplies of G/&S products’ till recommended by services on RCM:  The Government may
UTs]  except on alcoholic liquor for GST council. which tax shall By Specified notify specific categories
human consumption, on the Petroleum Products: be paid by Registered Person on of services the tax on
value determined u/s 15 & 1. High speed Diesel Recipient. receiving Specified supplies of which shall be
Certain Definition  at rates notified by Gov. on 2. Petroleum crude oil  Commonly G/S from paid by electronic
recommendations of GST 3. Motor spirit known as unregistered person commerce operator (ECO)
Central tax:
Council (Max. 20%) 4. Natural gas Reverse Charge as notified by the as if such services are
Means the central goods and services tax
5. Aviation turbine fuel Mechanism government supplied through it
levied under section 9 of the CGST Act.
Integrated tax:
Means the integrated goods and services
tax levied under the Integrated Goods and
Services Tax Act. Notified Services: Situation Person Liable to Pay tax
State tax: 1. Transportation of Passengers by Radio- If the ECO is located in taxable
Means the tax levied under any State Goods taxi, Territory
and Services Tax Act 2. Motor-cab & Motor cycle (R/UR) If the ECO does not have physical presence in
Exempt Supply: Supply which attracts – 3. Hotel Business (UR) the taxable territory
(i) Nil rate of tax; (ii) Exempt supply u/s 11 4. House-Keeping Services (UR) If the ECO has neither the physical presence
& (iii) includes non-taxable supply nor any representative in the taxable territory
58
Sec 9(3) CGST ACT + Sec 5(3) IGST Reverse Charge Mechanism in case Reverse Charge Mechanism in case Reverse Charge Mechanism in case of
ACT, 2017: Reverse Charge Mechanism of Services of Services Services

Forward Charge Reverse Charge Services Supplied by a Recovery agent: Services provided by an individual
Here person making Here recipient of  Supplier: A Recovery Agent advocate including a senior advocate or GOVERNMENT SERVICES
taxable supply i.e. Taxable supply is  Recipient/person liable to pay tax: firm of advocates by way of legal
Supplier is liable liable to pay tax Bank/Financial Institution/NBFC services, directly or indirectly. Services supplied by the Central Govt, State
to pay tax on on taxable supply located in Taxable territory  Supplier: Individual Advocate + Govt, Union territory or local authority to a
taxable supply being being received. Services provided by business facilitator Senior advocate + Firm of business entity
made. to a banking company Advocates  Supplier: CG, SG, LA, UT
 Supplier: Business facilitator  Recipient/person liable to pay tax:  Recipient/person liable to pay tax:
Reverse Charge Mechanism in case of  Recipient/person liable to pay tax: Business entity located in taxable Business entity located in Taxable Territory.
Banking Company located in territory Exception:
Goods
Taxable territory Transfer/permitting use of copyright of In following cases RCM will not be applicable:
 Cashewnuts [not shelled/peeled], bidi Services provided by an agent of to original literary, dramatic, musical or A. Renting of Immovable property [Separate
wrapper leaves, tobacco leaves, supply business correspondent to business artistic works: entry] and
of lottery, silkyarn, used vehicles, correspondent  Supplier: Music composer, B. Specified services:
seized and confiscated goods, old and  Supplier: Agent of Business Photographer, Artist etc.  Department of Posts: Speed post,
used goods, waste and scrap, raw correspondent  Recipient/person liable to pay tax: Express parcel post, Life Insurance &
cotton, etc  Recipient/person liable to pay tax: Music company, Producer etc. in Agency Services; provided to any person
Business correspondent in Taxable Taxable Territory other than CG, SG, UT or LA;
Reverse Charge Mechanism in case of territory Transfer/permitting use of copyright  Services in relation to Vessel/Aircraft,
Services Supply of services by the members of related to original literary: inside or outside port or airport or
Overseeing Committee to Reserve  Supplier: Author. precincts.
Services supplied by an arbitral tribunal to Bank of India (RBI):  Recipient/person liable to pay tax:  Transport of Goods/Passengers.
a business entity.  Supplier: Members of overseeing Publisher located in Taxable Renting of Immovable Property by Govt.
 Supplier: An Arbitral tribunal committee constituted by RBI Territory  Supplier: CG, SG, LA, UT
 Recipient/person liable to pay tax:  Recipient/person liable to pay tax: Note:  Recipient/person liable to pay tax:
Any business entity located in the Reserve Bank of India However, Author can choose to pay tax Registered Person under CGST ACT, 2017
taxable territory. Services supplied by individual Direct under forward charge if: Services supplied by any person by way of
Services provided by way of sponsorship to Selling Agents (DSAs) other than a  He is registered person & files a transfer of development rights (TDR) or Floor
body corporate or partnership firm. body corporate, partnership or limited declaration that he has exercised Space Index (FSI) (including additional FSI) for
 Supplier: Any person liability partnership (LLP) firm to bank FCM option & shall not withdraw construction of a project by a promoter.
 Recipient/person liable to pay tax: or non-banking financial company such option within 1 year from  Supplier: Any Person
Body Corporate or Partnership firm (NBFCs). date of exercising such option &  Recipient/person liable to pay tax:
located in taxable territory  Supplier: Individual Direct Selling  He makes such declaration on Promoter
Services supplied by an insurance agent to Agents (DSAs) other than a body invoice issued by him to the Long term lease of land (≥ 30 years) against
any person carrying on insurance business corporate, partnership firm or LLP publisher premium, salami for construction of project
 Supplier: An insurance Agent  Recipient/person liable to pay tax:  Supplier: Any Person
 Recipient/person liable to pay tax: Banking Company or NBFC located  Recipient/person liable to pay tax:
Insurance company located in Taxable in Taxable Territory. Promoter
territory 59
Reverse Charge Mechanism in case of Reverse Charge Mechanism in case of Reverse Charge Mechanism in case of Services
Services Services

Renting of Motor Vehicle


Transport Services Security Services
Services provided by way of renting of any motor vehicle designed to carry passengers
Services supplied by Goods Transport Agency in  Supplier: Any Person where the cost of fuel is included in the consideration charged from the service
relation to transportation of goods by road:  Recipient/person liable to pay tax: recipient, provided to a body corporate.
 Supplier: GTA who has not paid CGST@ 6%. A Registered person located in taxable  Supplier: Any person, other than a body corporate who supplies service to a body
 Recipient/person liable to pay tax: Specified territory corporate & doesn’t issue an invoice charging
person includes: RCM not applicable when GTA services provided CGST @6% to service recipient.
Factor /Society/Co-operative society/Body to:  Recipient/person liable to pay tax:
Corporate/Partnership Firm/Association of  CG/SG/LA/UT/ Govt agencies who has Any Body Corporate located in taxable Territory
person/Casual Taxable Person/Registered obtained registration only for the purpose of Person Liable to Pay Tax Under Renting of Motor Vehicle Service
Person Deducting TDS and not for making any
Person Liable to Pay Tax Under GTA Service taxable supply
 Person Paying Tax under Composition Scheme
Services by Director Where GST is Payable at 5% Where GST is Payable at 12%

Where GST is Where GST is  Supplier: Director of Company or Body


Payable at 5% Payable at 12% Corporate FCM
 Recipient/person liable to pay tax:
Supplier is Supplier is Body
Company or Body Corporate located in
other than Corporate Person Liable to pay GST
taxable territory
Body Corporate is Supplier
Recipient is Recipient is Recipient is
specified other than Specified
person Specified Person Person
Independent Director Whole time Director
Recipient is Body Recipient is other Body Corporate
Corporate
Not
Employee EE + Salary Not EE + Prof.
GST + TDS u/s fees + TDS
Payable by 192 of u/s 194J of
Person Liable to Pay Person Liable to Pay Co under Income Tax Income Tax
GST is Such recipient GST is GTA RCM Services of Lending Securities

RCM not applicable when GTA services provided  Supplier: ender i.e., a person who deposits securities registered in his name/in the
to: CG/SG/LA/UT/ Govt agencies who has obtained name of any other person duly authorised on his behalf with an approved
registration only for the purpose of Deducting TDS intermediary for the purpose of lending under Scheme of SEBI
and not for making any taxable supply  Recipient/person liable to pay tax: Borrower i.e., a person who borrows the
securities under the Scheme through an approved intermediary of SEBI. 60
Reverse Charge Mechanism in case Composition Levy Composition Levy Composition Levy
of Services

Notes: Sec 10(1) of CGST ACT: Turnover limit Sec 10(2): Non-Eligibility Rule 5: Conditions and Restrictions for
 All the above services have also in case of composition levy for Goods Composition Levy
been notified for reverse charge  Supplier of Services other
under IGST Act vide Notification Eligibility: than restaurant services.  Goods held in stock have not been purchased from
No. 10/2017 IT (R) dated Registered person, whose Aggregate Turnover  Supplier of Goods/services unregistered supplier & if purchased, he pays the
28.06.2017 as amended. in Last F.Y. is upto Rs 1.5 crore. which are not taxable tax on RCM basis u/s 9(4).
 In addition to them, following  Person Making Inter-State  He shall pay tax u/s 9(3)/9(4) (RCM) on Inward
service is also notified by said Eligibility Limit for Special Category States outward Supply of supply (in addition to composition tax)
notification under reverse charge is as follows: Goods/services [Services  Mention words ‘composition taxable person, not
for IGST purposes: Aggregate Special Category States allowed] eligible to collect tax on supplies’ at top of bill of
turnover upto  Persons supplying goods supply issued by him;
Rs 75 Lacs 1. Manipur /services through ECO (who  Mention words ‘composition taxable person’ on
Any Services Any are required to collect TCS).
2. Meghalaya every notice or signboard displayed at prominent
by Person in __________  Manufacturer of Ice cream,
3. Mizoram place at his Principal POB & at every Additional
Non-Taxable other Non- Pan masala, Tobacco, Aerated
4. Tripura POB.
territory taxable online Water
5. Arunachal Pradesh Rule 3 & 4: Intimation of opting for Composition
Recipient 6. Sikkim  Casual Taxable Person and
Levy
In case of import of service, tax is 7. Nagaland Non-Resident Taxable person
payable by the person importing such 8. Uttarakhand Notes:
New 1. Option is given in Part B of
service9 Tax Rates: Composition Taxpayers now
Registration registration form, viz., FORM
GST Rate Category of Registered permitted to render services upto
GST REG-01.
Person specified limit
Classification of Goods and Services 2. Effective date of composition
1. If RP supplies services (other
1% of Total Manufacturers [Except levy = Effective date of
than restaurant services),
Goods Services State TO manufacturers of registration
value of such services shall
Sections Chapter _____________________] Existing 1. Electronically on Common Portal
not exceed:
Chapter Sections 5% of Total Restaurant service Registration prior to commencement of FY for
10% of Turnover in
Heading Heading State TO which option is exercised & He
State/UT in preceding FY
Sub-heading Group 1% of TO of Any other supplier [Traders] will have to furnish statement as
OR
Tariff item Tariff item/Service Taxable per rule 44(4) within ___ days
Rs 5,00,000
item Supplies in from commencement of relevant
Interest on Loan/advances shall be
State/UT FY
excluded while computing Aggregate
Benefits: 2. Effective date of composition
Turnover for determining:
Sec 10 of CGST ACT: Composition  They cannot issue tax invoice; Even levy = From beginning of FY
 Eligibility for composition
they cannot avail ITC. Sec 10(4): Composition Supplier cannot collect
Levy scheme
 They need to issue Bill of Supply in
 Supply of services allowed to Tax
An option for specified categories of which no tax can be charged.
composition dealer (10% limit)
small taxpayers to pay GST at a very low  Yearly filing of Return (GSTR 4) & Taxable person under composition scheme shall not collect
rate on the basis of turnover. Quarterly Payment of Tax. tax from the recipient. It implies that a supplier cannot
61
issue tax invoice.
Composition Levy Composition Levy Composition Levy

GST Rate for services: 6% of the turnover of the supplies of goods and services.
Sec 10(4): Sec 10(3) R.W rule 6: Denial of option First Supplies of From: 1st April To: Date of becoming liable for registration for
to pay tax under the composition G/&S
Taxable person opting for the composition
scheme by tax authorities For Determining First supplies of G&/S shall include supplies from 1st April of a FY to
scheme is not entitled to any credit of input
Limit of Rs. 50 Lacs the date of becoming liable for registration
tax
 PO issue SCN if he has reasons to For Determining Tax First supplies of G&/S shall not include supplies from 1stApril of FY to
Sec 10(5): Penalty Payable the date of becoming liable for registration.
believe that RP was ineligible to pay
composition tax.  In Short Service provider will get to pay tax @ 6% only for Rs 30,00,000
If a taxable person has paid tax under the
 Upon receipt of reply from RP, PO shall  Composition scheme to be adopted uniformly by all RPs having same PAN.
composition scheme though he was not eligible
(within 30 days of receipt) issue order
for the scheme, the person would be liable to
(i) either accepting reply or (ii) denying
penalty and the provisions of section 73 or 74 Aggregate Turnover for Turnover in a state/UT
option to pay composition tax.
of the CGST Act shall be applicable for 1.5cr/75lacs/50lacs
Effective date of Denial of option to pay Includes Excludes
determination of tax and penalty.
composition tax: Date determined including
Sec 10(3) R.W. Rule 6: Validity of Includes Excludes Taxable Value of inward supplies on
any retrospective date but not prior to date of
Taxable Supplies Value of inward Supplies within which tax
Composition levy contravention of provision
supplies on the state/UT is payable under RCM
Scheme From the day on which which tax Exempt Supplies Interest Income
Lapses Aggregate turnover during Composition Levy is payable within the
FY exceeds Rs 1.5 Crore/75 under RCM state/UT
Lacs/50 Lacs Exempt Supplies [Nil Interest CGST/ SGST/UTGST/
Consequences File intimation for Sec 10(2A): Turnover Limit in case of Rates + Wholly exempt + Income IGST/ GST Cess
withdrawal within 7 days of Composition levy for services Non-taxable supplies] Value of supplies made by
occurrence of event. Export of Goods and CGST/ registered person
Effective Date indicated by him in his Eligibility: services [Zero rated SGST/UTGST/ from 1st April of a FY up
Date of application. Such date may Registered person, whose Aggregate Turnover supply] IGST/ GST to the date when he
withdrawal not be prior in Last F.Y. is upto Rs 50 Lacs Cess becomes liable for
to commencement of FY in Sec 10(2): Non-Eligibility Inter-State supplies of - registration under this
which application for Persons having Same Act
withdrawal is filed.  Supplier of Goods/Services which are PAN [Stock transfer or
ITC on stock Allowed to avail ITC of not taxable branch transfers] Following Person are also not eligible for
in hand after Inputs & inputs contained in  Person Making Inter-State outward Value of supplies made Opting Composition Scheme: [Amendments]
becoming SFG/FG held in stock by him Supply of Goods or services by registered person Manufactures of fly ash bricks/building
Ineligible & on Cap. goods held by him  Persons supplying goods/services from 1st April of a FY bricks/bricks of fossil meals/earthern/roofing
on date of withdrawal. He through ECO who are required to up to the date when he tiles etc.
shall furnish a statement, collect TCS. becomes liable for
within 30 days of withdrawal  Manufacturer of Ice cream, Pan registration under this
of option, containing details masala, Tobacco, Aerated Water. Act
of such stock held on  Casual Taxable Person and Non- Aggregate turnover is computed on all India
common portal Resident Taxable person basis for a person having same PAN 62
Basis Normal Composition
Scheme Scheme
Levy Sec 9 of CGST Sec 10 of CGST
Section
Rates [%] 5/12/18/28 1/5/6
Payment Monthly: 20th Quaterly: 18th
of Next month of Next month
ITC Allowed Not allowed
Document Tax Invoice Bill of Supply

63
Sec 11 of CGST ACT and Sec 6 of IGST NN 12/2017: List of Services Exempt from GST A. Services Related to Charitable and Religious Activities
ACT: Power to Grant exemption from Tax
 Notification No. 12/2017 Central Tax (Rate) Advancement of Educational program or Skill Development relating to:
Power to exempt from tax dated 28.06.20173 (hereafter referred to as 1. abandoned, orphaned or homeless children;
“the Notification”) unless otherwise specified, 2. physically or mentally abused and traumatized persons;
has exempted various services wholly from 3. prisoners; or
CGST. 4. persons over the age of 65 years residing in a rural area
Notification Special order
Preservation of Environment including
1. Watersheds
exempt generally exempt from NN 12/2017: List of Services Exempt from GST
2. Forests
either absolutely or payment of tax
Exempt supply has been defined as supply of any goods 3. Wildlife
subject to such under
conditions as may be circumstances of an or services or both which attracts nil rate of tax or
Following shall not fall in the ambit of Charitable activities:
specified, exceptional nature which may be wholly exempt from tax and includes non-
1. Hostel Accommodations
goods and/or to be stated in taxable supply
2. Ledging or boarding unless it’s composite supply
services of any such order, in
3. Fitness camp and classes
specified description. public interest.
A. Services Related to Charitable and Religious Religious Activities
Activities 1. Conduct of Religious Ceremony
Goods which are exempt from Tax 2. Renting of precinets of a religious place meant for general public owned
 Charitable activities by an entity registered or managed by an entity registered as a charitable or religious trust
 A list of items has been notified under under section 12AA/12AB of Income-tax Act. u/s 12AA or 12AB or 10(23C)(v) or Sec 10(23BBA) of the Income Tax
section 11(1) of the CGST Act, 2017/ Public Health by Way of: Act, 1961
section 6(1) of the IGST Act, 2017. These  Care or counseling of
items have been exempted from whole of 1. terminally ill persons or persons with severe Exemption is not available in following cases:
the tax physical or mental disability; Renting Exemption not available
 Items such as unbranded atta/ maida/ 2. persons afflicted with HIV or AIDS; Renting of rooms where charges are Rs _________________
besan, unpacked food grains, milk, eggs, 3. persons addicted to a dependence-forming Renting of premises where charges are
curd, lassi and fresh vegetables are among substance such as narcotics drugs or alcohol; community halls, ___________________________
the items exempted from GST or kalyanmandapam or open
Examples of Goods which have been exempted  Public awareness of preventive health, family area
from Tax. planning or prevention of HIV infection; Renting of shops where charges are
1. Advancement of: _____________________________________
2. 1. Religion
3. 2. Spirituality  Services provided by specified organization with respect to kailash
4. 3. Yoga mansarover and haj pilgrimage exempted
5.
6. 64
B. Exemption in Agriculture Sector B. Exemption in Agriculture Sector C. Education Services

Agriculture Services relating to cultivation of  renting or leasing of agro machinery or I. What is Educational Institution?
plants and rearing of all life vacant land with or without a structure Educational institution means an institution providing services by way of,-
forms of animals, except the incidental to its use; 1. _______________________________________ school or equivalent;
rearing of horses, for food, fibre,  loading, unloading, packing, storage or 2. education as a part of a curriculum for obtaining a qualification recognized by any
fuel, raw material or other similar warehousing of agricultural produce; law for the time being in force;
products 3. education as a part of an approved vocational education course
 agricultural ___________ services;
Agriculture on which either no further II. Following Services are Exempt
 services by any Agricultural Produce
Produce processing is done or such Services provided by an educational institution (EI):
Marketing Committee or Board or services
processing is done as is usually 1. to its students, faculty and staff;
provided by a commission agent for sale or
done by a cultivator or producer 2. by way of conduct of entrance examination against consideration in form of
purchase of agricultural produce. entrance fee
which does not alter its essential
characteristics, but makes it  processes carried out at an agricultural Services provided to an Educational Institution, by way of
marketable for primary market farm including tending, pruning, cutting, [for pre-school education & education up to higher secondary school or equivalent (i), (ii),
harvesting, drying, cleaning, trimming, sun (iii)]
Following Services are Exempt: drying, fumigating, curing, sorting, i. ___________________, faculty and staff;
 Services by way of loading, unloading, grading, cooling or bulk packaging and such ii. catering, including any mid-day meals scheme sponsored by the Central Government
packing, storage or warehousing of rice. like operations which do not alter the (CG), State Government (SG) or Union Territory (UT);
 Services by way of warehousing of minor essential characteristics of agricultural iii. security/cleaning/house-keeping services performed in such EI
forest produce. produce but make it only marketable for iv. services relating to admission to, or conduct of examination by, such EI;
 Services by way of storage/ warehousing v. supply of online educational journals or periodicals. This exemption is only
the primary market;
of cereals, pulses, fruits, nuts and applicable to an institution providing services by way of education as part of a
vegetables, spices, copra, sugarcane, curriculum for obtaining qualification recognized by any law for time being in force.
jaggery, raw vegetable fibres such as
cotton, flax, jute etc., indigo,
unmanufactured tobacco, betel leaves, D. Health Care Services
tendu leaves, coffee and tea
What are Health Care Services?
 Services by way of fumigation in a
 means any service by way of diagnosis or treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognised system
warehouse of agricultural produce.
of medicines in India [Allopathy, yoga, Ayurveda, Siddha, Unani, Homeopathy] and
 agricultural operations directly related to
 includes services by way of ________________________________________, but
production of any agricultural produce
 does not include hair transplant or cosmetic or plastic surgery, except when undertaken to restore or to reconstruct anatomy or functions
including cultivation, harvesting, threshing,
of body affected due to congenital defects, developmental abnormalities, injury or trauma.
plant protection or testing;
Following Services Are Exempt:
 Carrying out an intermediate production
 Services by a _________________ in relation to health care of animals or birds.
process as job work in relation to
 Health care services by a clinical establishment/ authorized medical practitioner/ para-medics.
agriculture
 Transportation of a patient in an ambulance.
 Services by way of artificial insemination
 Services provided by ______________________________ or any other service in relation to such preservation
of livestock (other than horses).
 Services provided by senior doctors/ consultants/ technician
 supply of farm labour;
 Retention money taken by hospital
 Food supplied to admitted patient 65
E. Services Provided by Government F. Construction Services

 Services by Governmental Authority (GA) by way of any activity in relation to any function entrusted to a  Pure labour contracts of construction, erection, commissioning,
Municipality /Panchayat under article 243W/ 243G of Constitution. installation, completion, fitting out, repair, maintenance, renovation,
 Services by the CG/SG/UT/Local Authority (LA) excluding following services: or alteration of a civil structure or any other original works
1. services by Department of Posts by way of speed post, express parcel post, life insurance, & agency services pertaining to the beneficiary-led individual house construction or
provided to a person other than CG, SG, UT; enhancement under the Housing for All (Urban) Mission/Pradhan
2. services in relation to an aircraft/a vessel, inside/outside precincts of a port/airport; Mantri Awas Yojana
3. transport of goods/passengers; or  Services supplied by Electricity Distribution Utilities by way of
4. any service, other than ‘specified services [1-3]’ above, provided to business entities construction, erection, commissioning, or installation of
 Services provided by CG/SG/UT/LA to a business entity (BE) with an aggregate turnover of up to such amount in the infrastructure for extending electricity distribution network upto
preceding FY as makes it eligible for exemption from registration under the CGST Act, 2017. This exemption is not the tube well of the farmer/agriculturalist for agricultural use.
applicable to specified services and renting of immovable property service.  Construction etc pr original work to single Residential Unit
 Services provided by CG/SG/UT/LA to another CG/SG/UT/LA. This exemption is not applicable to specified  Supply of TDR, FSI, long term lease (premium) of land by a
services. landowner to a developer are exempted subject to the condition
 Services provided by CG/SG/UT/LA where consideration for such services does not exceed Rs 5,000. This that the constructed flats are sold before issuance of completion
exemption is not applicable to specified services. In case of continuous supply of service, the exemption shall apply certificate and tax is paid on them
only where the consideration charged for such service does not exceed Rs 5,000 in a F.Y.
 Supply of service by a Government Entity (GE) to CG/SG/UT/LA/any person specified by CG/SG/UT/LA against
consideration received from CG/SG/UT/LA, in the form of grant G. Passenger Transportation Services
 Services by an old age home run by CGS/SG/an entity registered under section 12AA of Income-tax Act to its
residents (aged ≥60 years) against consideration upto Rs 25,000 per month per member, provided that the Such services provided by –
consideration charged is inclusive of charges for boarding, lodging and maintenance 1. air, embarking from or terminating in an airport located in North
 Services provided by CG/SG/UT/LA by way of- Eastern States of India or at Bagdogra in West Bengal;
1. registration required under any law for the time being in force; 2. non-air conditioned contract carriage other than radio taxi, for
2. testing, calibration, safety check or certification relating to protection or safety of workers, consumers or transportation of passengers, excluding tourism, conducted tour,
public at large, including fire license, required under any law for the time being in force charter or hire; or
 Services provided by CG/SG/UT/LA by way of issuance of passport, visa, driving license, birth certificate or death 3. stage carriage other than air- conditioned stage carriage.
certificate and granting national permit to Goods carriage to operate throughout India/contiguous state 2 and 3 Not applicable when provided through E-COM
 Services provided by CG/SG/UT/LA by way of tolerating non-performance of a contract for which consideration in Such services provided to CG by air, embarking from or terminating at a
the form of fines or liquidated damages is payable to CG/SG/UT/LA under such contract. Regional Connectivity Scheme (RCS) airport, against consideration in the
 Services provided by CG/SG/UT/LA by way of assignment of right to use natural resources to an individual farmer form of viability gap funding. This exemption shall apply only till expiry of a
for cultivation of plants & rearing of all life forms of animals [except horses], for food, fibre, fuel, raw material or period of 3 years from date of commencement of operations of the RCS
other similar products. airport as notified by the Ministry of Civil Aviation
 Services provided by CG/SG/UT by way of deputing officers after office hours or on holidays for inspection or Such services provided by:
container stuffing or such other duties in relation to import export cargo on payment of Merchant Overtime charges (a) railways in a class other than first class/an airconditioned coach;
 Services supplied by a SG to Excess Royalty Collection Contractor (ERCC) by way of assigning the right to collect (b) metro, monorail or tramway;
royalty on behalf of SG on the mineral dispatched by the mining lease holders subject to specified conditions. (c) inland waterways;
 Services provided by rehabilitation professionals recognised under the RCI Act, 1992 by way of rehabilitation, (d) public transport, other than predominantly for tourism purpose, in a
therapy or counselling and such other activity as covered by the said Act at medical establishments, educational vessel between places located in India; and
institutions, rehabilitation centers established by CG/SG/UT/an entity registered under section 12AA of the (e) metered cabs or auto rickshaws (including e-rickshaws) [Not for E-COM]
Income-tax Act, 1961. 66
H. Goods Transportation Services I. Banking and Financial Services J. Life Insurance Business Services

Services by way of transportation of goods-  Services by RBI  Such services by way of annuity under the National Pension
 By road except the services of—  Services by way of System by Pension Fund Regulatory and Development
1. a goods transportation agency (GTA);  __________________________________ Authority of India (PFRDAI) under PFRDA Act, 2013.
2. a courier agency; is represented by way of interest or discount  Such services by the Army, Naval and Air Force Group
 By inland waterways. (other than interest involved in credit card Insurance Funds to members of the Army, Navy and Air
 Railway equipment/materials exempt when transported by services) Force, respectively, under the Group Insurance Schemes of
rail/vessel.  __________________________________ CG
 Transportation of goods exempt when transported by goods _________ or authorised dealers of foreign  Services of life insurance provided/agreed to be provided
carriage: exchange or amongst banks and such dealers. by the Central Armed Police Forces (under Ministry of
1. where consideration charged for the transportation of  Services provided by a banking company to Home Affairs) Group Insurance Funds to their members
goods on a consignment transported in a single carriage Basic Saving Bank Deposit (BSBD) account under the Group Insurance Schemes of the concerned
___________________ holders under Pradhan Mantri Jan Dhan Central Armed Police Force
2. where consideration charged for transportation of all Yojana (PMJDY)  Such services by the Naval Group Insurance Fund to the
such goods for a single consignee _________  Services by an acquiring bank, to any person in personnel of Coast Guard under the Group Insurance
 Exempt transportation of goods by rail/ vessel/ by GTA in relation to settlement of an amount upto Rs Schemes of CG
a goods carriage: 2,000 in a single transaction transacted Such services under following schemes:
1. Agricultural produce, milk, salt and food grain including through credit card, debit card, charge card 1. Janashree Bima Yojana;
flours, pulses and rice, organic manure, newspaper or or other payment card service 2.
magazines registered with the Registrar of  Services by an intermediary of financial 3.
Newspapers services located in a multi services SEZ with 4.
2. Defence/military equipment, relief materials meant for International Financial Services Centre (IFSC) 5. (IRDA), having maximum amount of cover of Rs _______;
victims of natural or man-made disasters, calamities, status to a customer located outside India for 6.
accidents or mishap international financial services in currencies 7. Pradhan Mantri Jeevan Jyoti BimaYojana;
 Services provided by a GTA to an unregistered person, other than Indian rupees 8.
including an unregistered casual taxable person, except 9.
following recipients, namely:
1. a factory registered under Factories Act,
2. society registered under Societies Act, K. Services Provided by Specified Bodies
3. Co-operative society,
4. body corporate and 1. Services by the Employees’ State Insurance (ESI) Corporation to persons governed under the ESI Act, 1948.
5. partnership firm including AOP; 2. Services provided by the EPFO to the persons governed under the Employees Provident Funds (EPF) & Miscellaneous
6. registered casual taxable person Provisions Act, 1952.
 Services provided by a GTA, by way of transport of goods 3. Services by CMPFO to persons governed by Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948.
in a goods carriage, to: 4. Services by NPS Trust to its members against consideration in the form of administrative fee.
1. a department or Establishment of the CG/SG/UT; or 5. Services provided by the IRDAI to insurers under IRDAI Act, 1999.
2. local authority; or 6. Services provided by the SEBI by way of protecting the interests of investors in securities and to promote the
3. Governmental agencies, which has taken registration development of, and to regulate, the securities market.
only for the purpose of deducting tax under section 51
and not for making a taxable supply of goods or
services. 67
L. General Insurance Business Service N. Business facilitator/correspondent Q. Leasing Service

a) Such Services under followingschemes – Services by the following persons in respective capacities  Upfront amount payable in respect of service by way
b) Hut Insurance Scheme;  business facilitator or a business correspondent to of granting of long term lease of 30 years, or more of
c) Cattle Insurance under Swarnajaynti Gram Swarozgar banking company with respect to accounts in its rural industrial plots/plots for development of
Yojna37; area branch; infrastructure for financial business, provided by the
d) Scheme for Insurance of Tribals;  any person as an intermediary to a business facilitator or State Government Industrial Development
e) Janata Personal Accident Policy and Gramin Accident a business correspondent with respect to services Corporations or Undertakings or by any other entity
Policy; mentioned in entry (a); or having ___or more ownership of CGS/SG/UT to the
f) Group Personal Accident Policy for Self-Employed  business facilitator or a business correspondent to an industrial units/developers in any industrial/financial
Women; insurance company in a rural area business area, subject to specified conditions.
g) Agricultural Pumpset and Failed Well Insurance;
h) premia collected on export credit insurance;
i) Restructured Weather Based Crop Insurance Scheme O. Services Provided to Government
R. Legal Services
(RWCIS),approved by the Government of India and
implemented by the Ministry of Agriculture;  Following services provided to the CG/SG/UT/LA/GA/GE
Service Provided by To
j) Jan Arogya Bima Policy; by way of any activity in relation to any function
Arbitral tribunal
k) Pradhan Mantri Fasal Bima Yojana (PMFBY); entrusted to a Panchayat/Municipality under articles
Partnership firm of
l) Pilot Scheme on Seed Crop Insurance; 243G/243W of the Constitution:
advocates or an
m) Central Sector Scheme on Cattle Insurance; 1. Pure services
individual as an
n) Universal Health Insurance Scheme; 2. Composite supply of goods and services in which the
advocate other than a
o) Rashtriya Swasthya Bima Yojana; value of supply of goods constitutes not more than
senior advocate by way
p) Coconut Palm Insurance Scheme; 25% of the value of the said composite supply
of legal services
q) Pradhan Mantri Suraksha BimaYojna;  Service provided by Fair Price Shops to CG/SG/UT by
Senior advocate by way
r) Niramaya Health Insurance Scheme implemented by the way of sale of food grains, kerosene, sugar, edible oil,
of
Trust constituted under the provisions of the National etc. under Public Distribution System (PDS) against
legal services
Trust for the Welfare of Persons with Autism, Cerebral commission/margin
Palsy, Mental Retardation and Multiple Disabilities Act,  Services provided to CG/SG/UT under any insurance
Legal services provided by a partnership firm of advocates/
1999; scheme for which total premium is paid by CG/SG/UT.
individual as an advocate other than a senior advocate to
s) Bangla Shasya Bima.  Services provided to CG/SG/UT administration under any
another advocate/ partnership firm of advocates providing
Services by way of reinsurance of the insurance schemes training programme for 75 % or more expenditure is
legal services
specified in (A) and (B) above borne by CG/SG/UT administration.
 Services provided by GSTN to CG/SG/UT for
implementation of GST
M. General Insurance Business Service
P. Performance by an Artist
Services by way of collection of contribution under:
 Atal Pension Yojana
Services by an artist by way of a performance in folk or classical
 any pension scheme of SG
art forms of music/ dance/ theatre, if the consideration
charged for such performance is not
______________________. This exemption shall not apply to
service provided by such artists as a brand ambassador. 68
S. Sponsorship of Sports Event U. Right to Admission to Various events W. Other Exempt Services
Sponsorship of sporting events organised - Services by way of admission to:  Transfer of a going concern, as a whole or an
1. by a national sports federation, or its affiliated  museum, national park, wildlife sanctuary, tiger independent part thereof.
federations, where the participating teams or individuals reserve or zoo  Services provided by and to FIFA and its subsidiaries
represent any district, State, zone or Country;  protected monument declared under the Ancient directly or indirectly related to any of the events
2. by Association of Indian Universities, Inter-University Monuments and Archaeological Sites & Remains Act under FIFA U-17 Women’s World Cup 2020 to be
Sports Board, School Games Federation of India, All 1958/any of the State Acts, for the time being in hosted in India.
India Sports Council for the Deaf, Paralympic Committee force. Condition to be fulfilled:
of India or Special Olympics Bharat;  Following events/places where the consideration Director (Sports), Ministry of Youth Affairs and Sports have
3. by the Central Civil Services Cultural and Sports Board; for right to admission is not more than Rs 500 to certify that the services are directly/indirectly related to
4. as part of national games, by the Indian Olympic per person: any of the events under FIFA U-17 Women’s World Cup 2020.
Association; or a) circus, dance, or theatrical performance  Services associated with transit cargo to Nepal and
5. under Panchayat Yuva Kreeda Aur Khel Abhiyaan Scheme including drama or ballet; Bhutan (landlocked countries).
b) award function, concert, pageant, musical  Services by way of renting of residential dwelling for
performance or any sporting event other than a use as residence
T. Skill Development Services c) recognised sporting event;  Services by a hotel, inn, guest house, club or campsite,
d) recognised sporting event; by having value of supply of a unit of accommodation
Services provided by, _ e) planetarium. below or equal to Rs 1,000 per day or equivalent,
 National Skill Development Corporation (NSDC) set up by whatever name called, for residential or lodging
GoI; purposes,
 Sector Skill Council (SSC) approved by NSDC; V. Right to Admission to Various events Services by way of giving on hire –
 assessment agency approved by SSC/NSDC  to a state transport undertaking (STU), a motor
 a training partner approved by SSC/NSDC  Services by unincorporated body/ non- profit entity vehicle meant to carry more than 12 passengers;
in relation to- to its own members as reimbursement/share of  (aa) to a local authority, an Electrically operated
a) the National Skill Development Programme implemented contribution: vehicle (EOV) meant to carry more than 12 passengers;
by NSDC; or  As a trade union or
b) a vocational skill development course under the National  For providing exempt activity  to a GTA, a means of transportation of goods.
Skill Certification and Monetary Reward Scheme; or  up to an amount of Rs 7,500 per month per  motor vehicle for transport of students, faculty and
c) any other Scheme implemented by NSDC. member for sourcing of goods/services from a staff, to a person providing services of transportation
third person for the common use of its members of students, faculty and staff to an educational
 Services of assessing bodies empanelled centrally by in a housing society/residential complex. institution providing services by way of pre-school
DGT, Ministry of Skill Development and Services provided by such entity/body engaged in- education and education upto higher secondary school
Entrepreneurship by way of assessments under the SDI  activities relating to the welfare of industrial or or equivalent
Scheme. agricultural labour or farmers; or  Service by way of access to a road or a bridge on
 Services provided by training providers (Project  promotion of trade, commerce, industry, agriculture, payment of toll charges/annuity.
implementation agencies) under DDUGKY implemented by art, science, literature, culture, sports, education,  Transmission/distribution of electricity by an
Ministry of Rural Development, GoI by way of offering social welfare, charitable activities and protection of electricity transmission/ distribution utility
skill or vocational training courses certified by the environment,  Services by way of licensing, registration and analysis
National Council for Vocational Training (NCVT). to its own members against membership fee upto Rs 1000/- or testing of food samples supplied by the FSSAI to
per member per year Food Business Operators.
69
W. Other Exempt Services

Services provided by an incubatee up to a total turnover of


Rs 50 lakh in a FY provided:-
 total turnover _______________ during the preceding FY; and
 a period of 3 years has not elapsed from the date of entering
into an agreement as an incubate.
 Taxable services, provided or to be provided, by a Technology
Business Incubator/ Science and Technology Entrepreneurship
Par (TBI/STEP) recognized by NSTEDB or bio- incubators
recognized by BIRAC
 Services by way of collecting or providing news by an
independent journalist, PTI or United News of India
 Services of public libraries by way of lending of books,
publications or any other knowledge-enhancing content or
material.
 Services by an organiser to any person in respect of a business
exhibition held outside India.
 Services by way of slaughtering of animals.
 Services by way of pre-conditioning, pre- cooling, ripening,
waxing, retail packing, labelling of fruits and vegetables which
do not change or alter the essential characteristics of the said
fruits or vegetables.
 Services provided by the National Centre for Cold Chain
Development under the Ministry of Agriculture, Cooperation
and Farmer’s Welfare by way of cold chain knowledge
dissemination.
 Services by a foreign diplomatic mission located in India.
 Services by way of providing information under the RTI Act.
Services provided to a recognised sports body (RSB) by-
(a) an individual as a player, referee, umpire, coach or team
manager for participation in a sporting event organised
by a RSB;
(b) another RSB.
 Services provided by operators of the common bio-medical
waste treatment facility to a clinical establishment by way of
treatment/disposal of bio-medical waste/ incidental processes.
 Services by way of public conveniences such as provision of
facilities of bathroom, washrooms, lavatories, urinal or toilets.
 Services by way of right to admission to the events organised
under FIFA U-17 Women's World Cup 2020.
70
Sec 12 & 13: Time of Supply [TOS] in Case
of Goods and Services Sec 12: Time of Supply [TOS] in Case of Sec 13: Time of Supply [TOS] in Case of Sec 13: Time of Supply [TOS]
NO Goods Services in Case of Services
DATE OF RECEIPT OF PAYMENT =
Earlier of Date on which Payment is entered in books
Note:
of A/c OR debited from bank A/c of the recipient
No GST on Advance received for supply of goods Sec 13(1): Sec 13(3): TOS in case of
under FCM. Reverse Charge
Sec 12(1):
Sec 12(3): TOS in case of Reverse Charge The liability to pay tax on services shall arise at
The liability to pay tax on goods shall arise at the the Time of supply Date of receipt
time of supply. Sec 13(2): TOS in case of Forward payment
OR Charge OR
Sec 12(2): TOS in case of Forward Charge Date of issue of
OR EARLIER Invoice + 61st Day
When invoice is issued within time limits
Date of Issue of Invoice Date of invoice
by the supplier OR EARLIER Notes:
OR EARLIER If above events are unascertainable: Date of payment If above events are ascertainable
Last Date on which invoice TOS= Date of Entry in books of A/c of Recipient of When invoice is not issued within time limits TOS = Book entry date of Recipient
is required to be issued supply [purchase entry] Date of service
[Note 1] Sec 12(4): TOS in case of Vouchers OR EARLIER When Services are imported from
Note 1: Date of payment associated enterprises:
Time of issue of Tax invoice for Supply of Goods Is supply identifiable on issue of voucher? Date of payment
Sec 31(1): General Case: Before or at the time of Notes OR
Case Time of issue of invoice for 1. Small advances up to Rs 1,000 Date of entry in BOA
Goods Yes No TOS = ____________________ of recipient
Supply involves 2. If above events are ascertainable:
movement of TOS= Date of issues TOS= Date of TOS = Book entry date of Recipient Sec 13(4)/(5)/(6): TOS Same
goods of voucher Redemption Time Limit for issuing invoice as in case of goods
In other cases Sec 12(5): TOS in Residual Case Generally:
 On/before 30/45 days from the date of
Sec 31(4): Continuous Supply provision of service [45 days only for
Before or at the time each such statement is issued Banks, and insurance, and NBFC]
Registered Person Unregistered Person
or each such payment is received. When Due Date of payment is ascertainable:
Sec 31(7): Goods sent on Approval basis  ____________
Date when Recipient indicates TOS = Due date of return TOS = Date of When Due Date of payment is not
that he has accepted the supply of payment of tax ascertainable:
goods Sec 12(6): TOS for Interest, penalty, late  Before/at the time of receipt of payment
OR fees When payment is linked to completion of event:
Within 6 months from the  On/before completion of event
Date of Removal TOS= ____________
71
Sec 15: Value of Supply [VOS]

Sec 15(1) Sec 15(2): Inclusion in VOS Sec 15(3): Discount Sec 15(4) Sec 15(5)
Value of Supply = Transaction Value
[price actually paid/payable] [pp] Where VOS cannot Notified supplies
Provided: (a) Duties, Taxes, Cess, fees, other than
be determined u/s value to be
 Parties are unrelated AND GST if charged separately Given before/at Given after supply 15(1) follow CGST determined in
 Price is the sole consideration Note: As per Circulars TCS under the time of supply Rule 27-31 manner
Income Tax Act not be included
prescribed by
GST = Value of Supply × Rate of Tax (b) Any ____________ of supplier met by
GOVT
recipient on behalf of supplier [Not
included in PP]
Otherwise
Note 1: Outward freight, transit (c) Incidental expenses charged by supplier
insurance including selling commission, packing and
Delivery of goods at buyer’s any amount charged for anything done
premises: by supplier with respect to supply [Note
Goods + Delivery + Insurance = 1]
Composite supply; (d) Interest, penalty, late fees for delayed
Principal supply is “supply of goods”. payment. [Note 2]
Thus, ‘Outward freight & Insurance (e) Subsidies directly linked to price
charges’ becomes part of value of [Excluding subsidies received from
composite supply & GST is payable CG/SG]
on outward freight & insurance
charges at rate as applicable for
goods. Note 2: IPL assume inclusive of GST and hence
Ex-factory basis contract back calculation needs to be done
Outward freight will not be included
in value of supply since buyer pays Amount × 100
outward freight.
100+ ROT

72
Important Definitions

 Sec 2(59) Input : Means Sec 16 - Eligibility and conditions for Sec 17 - Apportionment of Sec 17(5) – Blocked Credit
any goods used other taking input tax credit credit and blocked credits
1. Motor Vahicle – Except Seating Capacity > _____ (incl driver)
than capital goods used or
A. Standard Provision Used for making taxable supply of:
intended to be used by
Registered person to take credit of tax paid on  Goods or Services used i. Further supply of MVs
supplier in course of
inward supplies of goods and/or services used/ partly ii. Transportation of Passengers
furtherance of business.
intended to be used in the course or furtherance o Business and iii. Imparting driving training
 Sec 2(60) Input Service :
of business if the following four conditions are Non-Business 2. Vessel/Aircraft - Except Seating Capacity > ____ (incl driver)
Means any service used
fulfilled: o Taxable(incl. Used for making taxable supply of:
or intended to be used by
1. He has furnished return u/s 39 zero rated) and iv. Further supply of V/As
a supplier in the course or
2. Tax on such supply has been paid either Exempt v. Transportation of Passengers
furtherance of business
in/by Cash or Utilisation of ITC ITC available only on vi. Imparting training on Navogation of
 Sec 2(60) Input Service :
3. He has received goods and/or services -- o Business Vessel or flying aircraft.
Means any service used
----Goods delivered / services provided o Taxable(incl. 3. Services of general insurance, servicing, repair & maintenance
or intended to be used by
to third person on the direction of the zero rated) on above 1 and 2 – Except where used for specified purpose
a supplier in the course or
registered person deemed to be received 4. Where received by a taxable person engaged
furtherance of business
by the registered person ⇒ ITC available B. Special Provision a. In the manufacture of such motor vehicles, vessels, or
 Sec 2(46) Electronic
to registered person [Bill to Ship to for Banks/NBFCs aircraft or
Credit Ledger: means the
Model] a. Avail Standard b. In the supply of general insurance services in respect of
electronic credit ledger
4. He has valid tax invoice/debit Provision such motor vehicles, vessels or aircraft insured by him.
as referred in Sec 49(2)
note/prescribed tax paying document OR 5. Food and beverages, Outdoor catering, Beauty Treatment,
i.e. the input tax credit
5. Details of such invoice or debit notes b. Avail ___ of Health Services, Cosmetic & Plastic Surgery, life insurance &
as self assessed in return
have been furnished by the supplier in eligible ITC health insurance, Leasing, renting or hiring of motor vehicles,
of registered person shall
GSTR -1 or using IFF Conditions: vessels or aircraft referred in 1 or 2 except Sub-contracting or
be credited to electronic
Time limit for availing ITC - ITC pertaining to a 1. Remaining 50% ITC as an element of a taxable composite or mixed supply
credit ledger in
particular FY can be availed by 20th October of will lapse 6. Membership of Club, health and fitness center
accordance with section
next FY or filing of annual return, whichever is 2. Restriction of 50% 7. Travel benefits extended to employees on vacation such as
41, to be maintained in
earlier. Exception: Re-availment of ITC reversed shall not apply to leave or home travel concession except where obligatory by law
the manner as may be
earlier. the tax paid on 8. Works contract service for construction of immovable property
prescribed
Goods received in lots – ITC allowed upon supplies received except (A) Works Contract services for Plant & Machinery OR
 Sec 2(47) Inward Supply
receipt of last lot. from another (B) Sub-contracting
: in relation to a person,
Restriction on availment of credit - ITC to be registration within 9. Inward supplies received by taxable person for construction of
shall mean receipt of
availed in respect of invoices or debit notes, the the same entity immovable property on his own account including when such
goods or services or both
details of which have not been furnished by the 3. Option once supplies are used in the course or furtherance of business
whether by purchase
suppliers in GSTR-1/IFF, exercised cannot be except (A) Construction of Plant & Machinery (B) Construction
acquisition or any other
__________________ available in respect of withdrawn during of immovable property for others.
with or without
invoices or debit notes the details of which have remaining part of 10. Inward supplies received by NRTP except Goods imported by
consideration
been furnished by the suppliers in GSTR-1/IFF. the year him
73
Sec 17(5)….(contd.) Section 18

11. Goods or services or both on which  Special circumstances enabling availing of credit
tax has been paid under Sec 10 1. Registered person switching from composition levy to regular scheme of payment of taxes (CS to R)
12. Goods or services or both used for 2. Registered person's exempt supplies becoming taxable (E to T)
personal consumption 3. Person applying for registration within 30 days of becoming liable for registration (UR to R)
13. Goods lost, stolen, destroyed, written 4. Person obtaining voluntary registration(UR to VR)
off or disposed of by way of gift or  1 &2 Credit entitled on Inputs and CG (incase of E to T, ______________)
free samples On the day immediately preceding the day in which the person is liable to Pay Tax or Supply becomes Taxable, as the case maybe.
14. Any tax paid in accordance with the  3 & 4 Only Inputs (NO CG)
provisions of sections 74, 129 and On the day immediately preceding the day in which the person is liable to Pay Tax or date of registration, as the case maybe
130.
Plant & Machinery: (ITC is to be availed within ____________ from the date of Invoice from Supplier in all above cases)
Plant & Machinery means apparatus, Conditions:
equipment & machinery fixed to earth by i. Filing of electronic declaration giving details of inputs held in stock/contained in semi-finished goods and finished goods held in stock and
foundation or structural supports but capital goods on the days immediately preceding the day on which credit becomes eligible.
excludes land building/ other civil structures, ii. Declaration has to be filed within 30 days from becoming eligible to avail credit.
tele-communication towers and pipelines laid iii. Details in (i) above to be certified by a CA/ Cost Accountant if aggregate claim of CGST, SGST/ IGST __________________.
outside the factory premises.
Construction:  Special circumstances leading to reversal of credit /payment of amount
Construction includes re-construction/ 1. Registered person (who has availed ITC) switching from regular scheme of payment of tax to composition levy (T to CS)
renovation/ addition/ alterations/ repairs to 2. Supplies of registered person getting wholly exempted from tax Cancellation of registration
the extent of capitalisation to said immovable 3. Cancellation of registration
property 4. Supply of capital goods (CG)/ plant and machinery (P& M) on which ITC has been taken
 For 1, 2 & 3 Amount to be Reversed = Inputs (Proportionate to Invoices issued, if not issued then as per MV) + CG (Remaining useful life (Life =
5yrs)) held on the day immediately preceding the date of switch over/ date of exemption/date of cancellation of registration
Transfer of ITC  For 4 Amount to be paid (a) ITC (–) 5% p.q or part from the date of Invoice OR
(b) Tax on Transaction Value
 On account of change in constitution
(_____________________)
o For Sale, Merger, Amalgamation,
Lease or trf of business,
Unutilised ITC can be Transfer of ITC …(contd.)
transferred if:
1. Specific provision of trf of  On obtaining separate registrations for multiple places of business within a State/UT
liabilities with CA Certificate o Can transfer the unutilised ITC to _____________________(s) of business in the ratio of the value of assets held by them at the
2. Inputs and CG trf are time of registration
accounted for. o Value of assets means the value of the entire assets of the business irrespective of whether ITC has been availed thereon or not.
o Demerger: Apportion ITC on entire o The resgistered person should furnish the prescribed details on the common portal within a period of 30 days from obtaining such
______________ (incl. on assets in separate registrations.
which ITC is not claimed) o Upon acceptance of such details by the newly registered person (transferee) on the common portal, the unutilised ITC is credited to his
electronic credit ledger. 74
Some important terms

What is Place of Business: Sec 22: Person Liable for Registration Sec 22: Person Liable for Registration Sec 23: Person not Liable for Registration
 Place from where business is
Who is Liable for Registration:  Existing Law
ordinarily carried on & includes
 Every Supplier whose Aggregate Every person who is registered or
warehouse, godown (where TP
turnover in a state/UT exceeds Rs 20 holding a license under existing
stores his goods or receives
Lacs indirect tax law
G/S)
 For special category states:  Transfer of Business
 Place where a taxable person
When Aggregate Special Category 1. Business carried on by RP is
maintains his books of A/c;
Turnover States [MMTN] transferred due to succession or
 Place where a taxable person is
Exceeds Rs 10 Lacs 1. otherwise to another person as going
engaged in business through
2. concern,
agent
3. 2. ________________ shall be liable
What is Fixed Establishment:
4. for registration, w.e.f. the date of
 A Place (other than Reg. PoB)
 For NN 10/2019 such transfer or succession.
characterised by sufficient
When Applicable to?  Amalgamation or demerger
permanence & suitable
Aggregate 1. In case of transfer pursuant to
structure in terms of human &
Turnover sanction of scheme for amalgamation
technical resources to supply
Exceeds Rs 40 Any person who is or demerger of two or more companies
services, or to receive & use
Lacs engaged in pursuant to order of HC, Tribunal or
services for its own needs
___________ otherwise,
What is Principal Place of Business:
Non- Applicability of NN 10/2019: 2. transferee shall be liable to be
 means place of business
1. Persons required to take compulsory registered, w.e.f. date on which
specified as principal place of
registration u/s 24. [No Limit for _________________________
business in the certificate of
registration Registration]
Sec 24: Compulsory Registration
What is Casual Taxable Person: 2. Person who has opted for voluntary What is aggregate Turnover
 A person who occasionally registration or such RP who intend to Following person are compulsory required to obtain
undertakes supply of G/&S in continue with their registration. [No  Aggregate: registration:
course or furtherance of Limit since already registered] PAN wise on All India Basis  Person making inter-state taxable supply
business whether as principal or 3. Supplier of  Turnover: Exemption:
agent, in a State/UT where he ________________________. 1. Includes: Taxable, Exempt, Exports, 1. For Supplier of notified Handicraft goods =
has no fixed place of business. 4. Persons engaged in making Intra- Inter-state Supplies Limit of Rs 20/10 Lacs will available
What is Non-resident Taxable State supplies in the States of: 2. Excludes: 2. For Inter-state supply of taxable services =
Person:  MMTN= Limit Rs 10 Lacs CGST/SGST/UTGST/IGST/GST Cess limit of Rs 20/10 Lacs will be available
Any person who occasionally undertakes  Uttarakhand, Arunachal Pradesh; and Value of Inward supplies on which  CTP making taxable supply
supply of G/&S whether as Meghalaya, Sikkim (Special States as tax is payable under RCM Exemption:
principal or agent (Condition of per constitution but not for sec 22) + Notes: CTP making inter-state taxable supply of
Business → not required for NRTP) Puducherry & Telangana (Normal Includes supply made on behalf of principal handicraft goods = limit of 20/10 lacs will be
but who has no fixed place of business States) → [Limit = Rs. 20 Lacs] Outward supplies under RCM = included in available
ATO 75
or residence in India
Sec 24: Compulsory Sec 25: Procedure for Registration Sec 25: Procedure for Registration Sec 25: Procedure for Registration
Registration Continue.

Following person are compulsory Sec 25(1): Time limit to apply for Sec 25(2): State-wise Registration Sec 25(6)/(7)/(9)/(10) :
required to obtain registration: Registration
 NRTP making taxable Separate Registration for different POB PAN UIN
supply Type of When to apply within a State/UT may be granted: PAN is mandatory to be Any specialized agency of UNO
 Person required to pay Person  Normally Single registration for eligible for grant of or Multilateral FI &
tax under RCM Liable to ____________ from different branches in same state registration organization
Exemption: register date on which he  However, separate registration for each consulate/embassy of foreign
If person is engaged becomes liable to POB shall be granted provided all countries & any other notified
exclusively only in RCM registration separately registered POB of such person is required to obtain a
supplies → No Casual at least ____ days prior person pay tax on supply of UIN from GSTN portal.
Registration required. Taxable to commencement of goods/services to another registered Exception:
 Input service distributor Person business. place of business, of such person and Person required to deduct tax UIN is needed for claiming
 Persons required to Voluntary When he ______ to do issue a tax invoice/bill of supply, for u/s 51 can get registration by refund of taxes paid on
deduct tax at source u/s Person so such supply. using his TAN notified supplies of G/S
51 (whether or not Composition Levy: received by them.
Ruel 10: Effective Date of Registration
separately registered  If one branch is paying tax u/s 10, all NRTP can apply for UIN granted is a centralized
Case Effective Date
under GST) other branches shall pay tax u/s 10. registration by using a valid UIN (it shall be applicable to
If application is Date of
 Overseas OIDAR (Composition). passport. the territory of India)
submitted within 30 becoming liable
services supplier  If one branch becomes ineligible for Business entity incorporated PO may (upon submission of
days from becoming to
supplying to Unregistered composition levy, all other branches or established o/s India, has application or after receiving a
liable to registration Registration
person become ineligible to submit the application for recommendation from Ministry
If application is Date of grant of
 Person who are required submitted after 30 registration Sec 25(3): Voluntary Registration GST registration along with its of External Affairs,
to pay tax under 9(5) days from the date tax identification number or Government of India) assign a
 Persons who make  Person may get himself registered unique number on the basis of UIN to the said person & issue
of becoming liable to
taxable supply of goods voluntarily. Once a person obtains which the entity is identified registration certificate within
registration
or services or both on voluntary registration, he has to pay tax by the Government of that 3 working days from date of
Sec 25(2): State-wise Registration even though his aggregate turnover
behalf of other taxable country or its Permanent submission of application
persons whether as an does not exceed Rs. 20/10 lacs/40lacs Account Number (if available)
One Registration per State:
agent or otherwise. Sec 25(4) & (5): Distinct
 Every ECO who is  Registration to be __________ person/Establishment of Distinct person Sec 25 read with rules 8, 9,10: Registration Procedure
required to collect tax at  No Centralized Registration
source u/s 52;  State-wise separate registration  Person has obtained/required to obtain Applicability:
 Persons who supply G/&S to be taken for multiple branches multiple registration in one/multiple 1. Normal Person
through ECO [other than in multiple states states = _______________________ 2. Person paying tax under composition levy
specified u/s 9(5)].  In Single states where there are  Person has obtained/required to obtain 3. Person seeking voluntary registration
Exemption: different branches single registration w.r.t an establishment has 4. CTP
Suppliers supplying only registration can be given where another establishment in other
services through ECO = one place can be PPOB and other state/UT = Distinct Person
Limit of Rs. 20/10L can be APOB 76
Sec 25: Procedure for Registration Sec 25: Procedure for Registration Sec 25: Procedure for Registration Sec 25: Procedure for Registration

Sec 25 read with rules 8, 9,10: Sec 25 read with rules 8, 9,10: Sec 25 read with rules 8, 9,10: Registration Sec 25(8): Suo moto Registration
Registration Procedure continue… Registration Procedure Procedure
1. If pursuant to any survey, enquiry,
Non-Applicability: Forwarded to PO: Rejection by PO inspection, search or any other
1. NRTP; 1. Application shall be forwarded to 1. Proper officer may reject the application proceedings under the Act, PO finds
2. Person required to deduct tax at the Proper Officer. for reasons to be recorded in writing. that a person liable to registration
source u/s 51 or collect tax at Examination by PO: Deemed Approval of Application: under the Act has failed to apply for
source u/s 52; 1. If application & accompanying 1. In case where registration is to be such registration, PO may register said
3. Person supplying OIDAR services documents are proper, PO shall granted after physical verification person on a temporary basis.
from o/s India to NTOR grant registration to applicant of the premises of a person 2. Such person shall either:
Application: within 7 working days from date of a. who fails to undergo the aadhaar (a) submit application for
1. Application in GST REG 01 is submission of application. authentication does not opt for registration within 90 days from
divided into 2 Parts (i) Part A & (ii) Deficiency: aadhaar authentication or date of grant of temporary
Part B. 1. If application is found deficient, b. since proper officer deems it fit to registration, or
2. Electronically at GST Portal PO may issue a notice to applicant carry out physical verification of (b) file an appeal against such
signed/verified through Electronic electronically in GST REG-03 within places of business temporary registration.
Verification Code. 7 working days from date of Within a period of 30 days from the date of 3. However, if Appellate Authority upholds
Documents: submission of application. submission of the application (continue) the liability to registration,
1. PAN; Mobile No; E-mail address; 2. Notice may be issued not later than 2. In case of a person other than those application for registration shall be
State/UT 30 days from application covered above = submitted within 30 days from date of
Verification: submission date in case where a Within a period of 7 working days from the date of issue of such order of AT.
1. PAN → from CBDT database; Mob. person fails to undergo Aadhar submission of the application Note: GSTIN granted shall be effective from
No. & E-mail → OTP sent on it. authentication does not opt for 3. In cases where proper officer issues notice date of order of PO granting temporary
TRN: Aadhaar authentication or PO seeking clarification, information or registration.
1. Temporary Reference Number is deems it fit to carry out site documents from the application
generated. Part B shall be verification within 7 working days from the date of receipt of
submitted electronically along with Clarification by Applicant: clarification, information or documents furnished Sec 26: Deemed Registration
specified documents at GST Portal 1. Applicant shall furnish by the applicant
using TRN.  Grant of registration/UIN under any
clarification, information or Registration Certificate:
Acknowledgement: SGST/UTGST Act is deemed to be
documents electronically, within 7 1. Registration certificate shall be issued in
registration/UIN granted under CGST
1. On receipt of such application, an working days from date of receipt Form GST REG-06 it shows PPOB and APOB
Act provided application for
acknowledgement in the prescribed of notice. which is available on GST portal
registration has not been rejected
form shall be issued to the 2. If PO is satisfied with 2. GST Identification number is communicated
under CGST Act.
applicant electronically. clarification, information, etc., he within 3 days after grant of Registration
2. CTP gets a TRN for making an may grant registration to applicant 3. GSTIN Contains 15 Characters
advance deposit of tax in his in GST REG-06 within 7 working  2 = State Code
electronic cash ledger & an days from date of receipt of such  10= PAN
acknowledgement is issued only clarification  2 = Entity Code
after said deposit  1 = Checksum letter 77
Sec 27: Compulsory Sec 28: Amendment of Registration Sec 29: Cancellation of Registration
Registration for CTP
and NRTP
Sec 29(1): PO may suo motu or on application made by Registered person
Core Field Non-Core Field
When to obtain or by it’s Legal heirs cancel where: Busine
Registration?
CTP & NRTP is required to Proper officer permission is 1. Business discontinued or transferred fully due to [death, disposed of,
obtain GST registration at required for the following amalgamation, demerger]
least 5 days prior to 2. Change in Constitution of Business
changes:
commencement of business. 3. Taxable person (other than voluntary registration) is no longer liable to be
Documents  Legal Name of Business registered u/s 22 or 24.
 For CTP:  Address of PPOB and APOB Sec 29(2): PO may cancel Registration where
No Special form can use  Addition/deletion/retireme
GST REG-01 along with nt of: 1. A registered person has contravened the prescribed provisions
PAN  No Business from Declared POB
1. Partner, director, Karta,
 For NRTP:  Issue invoice or bill of supply without supply of G/S/B
Managing committee,
GST REG-09 is required to Change in constitution  Violating provision relating to Anti-profiteering
Board of Trustee, CEO Resulting in PAN Change
be filled along with valid  Violation of provisions relating to Sec 10A [Bank Account]
2. Responsible for day to
passport  Avails ITC in violation of Sec 16/ rules
day affairs of business  Furnishes details of outward supply in GSTR 1> outward supply
Advance Payment:
CTP & NRTP has to make which does not need declared in valid return u/s 39
advance deposit of tax cancellation  Violates provision of Rule 86B
equivalent to estimated tax 2. Composition Taxable person = No return for 3 Consecutive tax periods
liability for the period for Change in Registration 3. Normal taxable person = No return for continuous 6 months
which registration is 4. Voluntary Registration = Business not commenced in 6 months
sought. Apply in GST REG 14 within 15 days of change along with supporting documents 5. Registration obtained through fraud, wilful misstatement or suppression of
Validity: to P.O. facts.
Valid for period specified Verification by P.O. and is of the opinion that Sec 29(3): Cancellation not to affect liability to pay taxes, dues, whether or
in application or 90 days not determined before or after cancellation
from effective Date of
Registration, whichever is Amendment warranted Amendment not warranted
earlier. + +
Sec 29(5): Tax Payable on Cancellation w.r.t
[Max. Extension of 90 Docs are complete & correct Documents are incomplete/incorrect
days] Inputs in stock/semi-finished goods/finished Goods
Serve SCN in GST REG -03 within 15 working days to
ITC Computed proportionately on the basis of corresponding invoices
show cause within 7 working days why app^ n shall not be
OR
rejected Output tax payable on such goods
Capital Goods or Plant and Machinery
RP Replier in GST REG RP Reply not satisfactory/no Reduce ITC for remaining life taking life as 60 months
-04 satisfactory reply OR
Tax on the transaction value of such capital goods or P&M u/s 15
Approve Amendment within 7 working days Reject App^n within 7 working days 78
Sec 29: Cancellation of Registration Sec 29: Cancellation of Registration Sec 30: Revocation of Registration

 Any RP whose registration is cancelled by PO on his own motion, may apply to for
Ruel 20 & 22: Procedure for Cancellation Effective Date of Cancellation revocation of cancellation of registration within 30 days from date of service of
cancellation order.
I. Voluntary Cancellation:  The cancellation of registration shall be  If registration is cancelled due to non-filing of return, application for revocation can
Submit application in GST REG -16 within effective from a date to be determined by be filed only after such returns are filed & tax is deposited with interest, penalty &
30 days of occurrence of the event the proper officer and mentioned in the late fee.
warranting cancellation cancellation order.  PO may by order, either revoke cancellation of registration or reject the application
Along with application submit following  He will direct the taxable person to pay within 30 days of receipt of application & communicate the same to applicant.
details: arrears of any tax, interest or penalty  UIN Holders (i.e. UN Bodies, Embassies & Other Notified Persons), GST Practitioner
 Details of Inputs in Stocks/semi- including the amount liable to be paid under cannot apply for revocation of cancelled registration.
finished goods/finished goods section 29(5). Where the Registration has been cancelled with retrospective effect:
capital goods Suspension of Registration  Where the registration has been cancelled with retrospective effect, it is not possible
 Liability + Payment details + to furnish the returns before filing the application for revocation of cancellation of
Supporting Documents RP has applied The date of submission of the registration. In that case, the application for revocation of cancellation of
 On the date from which for cancellation application registration is allowed to be filed, subject to the condition that all returns relating to
cancellation is sought of Registration or the period from the effective date of cancellation of registration till the date of
Proper officer shall issue the order of The date from which the order of revocation of cancellation of registration shall be filed within a period of 30
cancellation of registration within 30 days cancellation is sought, days from the date of order of such revocation of cancellation of registration.
from the date of submission of application whichever is __________,
for cancellation. Cancellation of With effect from the date to
II. Suo-motu cancellation by Registration has be determined by him Points relating to Aadhar Authentication
Department. been initiated by
 Proper officer shall issue show the Dept  Every Registered person shall undergo Aadhar authentication/furnish proof of
cause notice to Registered person Aadhar/ furnish alternate and viable means of identification
 Registered Person shall reply to  RP whose registration has been suspended as  Individual Shall undergo authentication/furnish proof of Aadhar No/furnish alternate
show cause notice within 7 days of above shall not make any taxable supply and viable means of identification
service of notice. during the period of suspension & shall not  Others = All types of authorized signatory, managing and authorized partners, karta
a. IF reply to show cause notice is be required to furnish any return u/s 39. shall undergo authentication from 1/4/2020.
satisfactory then PO shall drop  ‘Not making taxable supply” = RP shall not  Above provisions shall apply to such persons in any state/UT as notified
proceedings issue tax invoice & not charge tax on supplies Exempted Persons from Aadhar Authentication:
OR made by him during suspension period. 
b. Where RP furnishes Return + pays  Where any order having the effect of 
all Tax, Int, Penalty then PO shall revocation of suspension of registration has 
drop proceedings been passed, the provisions of section 
31(3)(a) [revised tax invoices] and section 40 
c. Where reply not satisfactory then [first return] in respect of the supplies made 
Proper officer shall issue the order during the period of suspension and the
of cancellation of registration procedure specified therein shall apply
within 30 days from the date of A person to whom a UIN has been granted under
reply to SCN rule 17 cannot apply for cancellation of registration 79
Some Basic Points Sec 31(1)/(2)/(4)/(5) R.W. Rule 47:Tax Invoice in Case of Supply of Goods/Services Manner of Issue

The Provisions relating to Tax Invoice, Who is required to issue? For Supply of Goods:
Credit Notes, Debit Notes are Provided  A Registered supplier paying tax under regular scheme shall issue TAX INVOICE.  Invoice Shall be
in Sec 31 to Sec 34 of The CGST ACT ,  A Registered Recipient (RCM): Recipient liable to pay GST under reverse charge need to issue an invoice. prepared in Triplicate
2017 and CGST Rules, 2017 Particulars Supply of Goods Supply of Services For Supply of Services:
Forward Charge Where Supply involves movement of Issue Invoice on or before:  Invoice Shall be
Goods: Provision of Service prepared in duplicate
Sec 32: Only Registered Person  invoice shall be issued before or  Within _______ days from Completion
at the time of removal of goods For Banks/NBFC/FI/Insurer
Can Collect Tax in Prescribed
Where Supply does not involve  Within _______ days from Completion
manner Bill of Supply
movement of Goods: For insurer/Banks/NBFC/FI Telecom and
 invoice shall be issued before or notified person:  A Registered supplier
 A person who is not a registered
________________________.  When Supplier records in BOA making EXEMPTED
taxable person shall not collect
OR supplies shall issue a
in respect of any supply of goods
 Last date of Quarter BILL OF SUPPLY
and/or services any amount by
[Whichever is ___________]  A Registered taxable
way of tax under the Continuous Supply of Invoice shall be issued before/at the Where the due date of payment ascertainable Person Paying Tax
CGST/SGST Act and the Goods/Services time from the contract under COMPOSITION
registered taxable person shall  each such statement is issued  invoice shall be issued on or before the SCHEME shall issue a
Collect tax in accordance with OR due date of payment BILL OF SUPPLY.
the provisions of this Act  each such payment is received. Where the due date of payment is not
ascertainable from the contract,
 Invoice shall be issued before or at the Revised Invoice
Sec 33: Amount of Tax to be time when the supplier of service receives
A registered taxable person
indicated in tax invoice and other the Payment
may, within _______ from the
documents: Where the payment is linked to the completion
date of issuance of RC issue a
of an event
revised invoice against the
 A person who is not a registered  Invoice shall be issued on or before the
invoice already issued during
taxable person shall not collect date of completion of that event.
the period:
in respect of any supply of goods Sale on Approval basis Invoice shall be issued -
 Starting from the
and/or services any amount by  on or before acceptance date
effective date of
way of tax under the  OR
registration
CGST/SGST Act and the  ____ Months from the date of
 Till the date of
removal (whichever is EARLIER)
registered taxable person shall issuance of RC to him
Cessation of Supply of -  At the time ________ and such invoice
Collect tax in accordance with (So that buyer can avail the
Services only to the extent supply made before
the provisions of this Act credit if he is eligible)
such cessation 80
Consolidated Revised Tax Invoice Refund Voucher Goods Transport Agency Service Delivery Challan

 A registered person may issue a  If Advance is received by RP & Bilty/Consignment Note: Notes:
Consolidated Revised Tax receipt voucher is issued by him  The said supplier of service shall  Original copy = For Consignee, Duplicate = For
Invoice in respect of all taxable to payee; issue a tax invoice containing the Transporter, Triplicate Copy = For Consignor
supplies made to an unregistered  But subsequently no supply is gross weight, name, vehicle  Declaration in EWB that goods are transported on
recipient during such period. made and no tax invoice is registration number details of delivery challan
 However, in case of inter-State issued. goods transported, details of Particulars of Delivery Challan
supplies, a consolidated Revised  Such RP may issue refund origin and destination, GSTIN of  Date & Serial No. [Max. 16 digits]
Tax Invoice cannot be issued in voucher against such payment to taxable person etc  Name, Address & GSTIN of consigner & consignee
respect of all unregistered other party  HSN code & Description of goods,
recipients if the value of a  Quantity & Value; Rate & Amount of GST (if for supply)
supply exceeds Rs _________ Passenger Transport Service  PoS in case of inter- state movement; Signature
Payment Voucher
In case of passenger transportation
No Tax Invoice  A registered person who is liable service: Debit Note and Credit Note
to pay tax under reverse charge TICKET= ____________:
RP may not issue tax invoice if: [under section 9(3)/9(4) of the Debit Note Credit Note
 _________ + Recipient is URP & CGST Act] shall issue an Invoice When to issue When to issue
does not require invoice in respect of goods or services For Cinema Hall Where one or more tax invoice one or more tax invoice has
 Instead such registered person or both received by him from has been issued and the been issued and the taxable
shall issue a Consolidated Tax the supplier who is not In case of cinema hall: taxable value or tax charged in value or tax charged in
Invoice for such supplies at the registered on the date of TICKET= __________ [and in case of that tax invoice is found less excess, or sale return
close of each day in respect of receipt of goods or services or multiplex is mandatory to issue then the supplier shall issue to or under supply then the
all such supplies both electronically even if value is below the recipient one or more supplier, may issue a Credit
Note:  Besides, a registered person who Rs.200] debit notes Note
 However, this option is not is liable to pay tax under reverse Any registered person who Supplier shall declare the
available to a supplier engaged in charge [under section 9(3)/9(4) issues a debit note shall details of such one or more
making supply of services by way of the CGST Act] shall issue a Delivery Challan declare the details of such credit notes in the
of admission to exhibition of Payment Voucher at the time of debit note in the upcoming upcoming return but max to
cinematograph films in multiplex making payment to the supplier Nature of Supply:
return and the tax liability max by September of next
screens  Supply of Liquid Gas where
shall be adjusted financial Year or the date
quantity at time of removal from
For Bank/FI/NBFC/Insurer of filing of annual return,
POB is not known,
Receipt Voucher whichever is earlier, and
 Transportation of goods for job
Exemption from Serial Number and the tax
work,
Shall be issued by RP on receipt of Address:
 Transportation of goods for
advance payment wr.t. any supply of G/S  Where the supplier of taxable
reasons other than supply. [Ex:
As per proviso to Rule 50, if at the service is an insurer or a banking
Approval basis]
time of receipt of advance, company or a FI, NBFC the said
Notes:
 Rate not known → _______ supplier shall issue a tax invoice
 Issued in Triplicate Copy
 Nature not known → Inter- even if not having serial number
 Tax invoice shall be issued after
State and address of recipient. 81
delivery of goods
Goods Transported in SKD/CKD Content of Invoice and Voucher E-Invoice
Condition or in Lots/Batches
Obtaining IRN:
 Supplier shall issue complete  These invoices will then be reported to ‘Invoice Registration Portal (IRP)’. On such reporting, IRP will
invoice before dispatch of first generate a unique ‘Invoice Reference Number (IRN)’, digitally sign it and return the e-invoice to the
consignment; Supplier shall issue supplier. A GST e-invoice will be valid only with a valid IRN
delivery challan for each of
subsequent consignments, giving Documents Covered by E-Invoice:
reference of invoice;  Invoices, credit notes and debit notes, when issued by notified persons (to registered persons (B2B) or
 Each consignment shall be for the purpose of exports) are covered under e-invoice
accompanied by copies of
corresponding delivery challan Non-requirement of E-Invoicing
along with a duly certified copy of  B2C Invoices
the invoice; &  Invoice issued by ISD
 Original copy of the invoice shall  Import of Goods [Bill of entry]
be sent along with the last
consignment. E-Invoice in Case of Reverse Charge
 If the invoice issued by a notified person is in respect of supplies made by him, tax on which is payable
under reverse charge under section 9(3), e-invoicing is applicable
Goods moved within state/Another  On the other hand, where specified category of supplies are received by notified person from
unregistered persons [attracting reverse charge under section 9(4)] or through import of services, e-
State for supply on Approval basis
invoicing doesn’t arise/ not applicable.
and Art works sent by artists to
Galleries for Exhibition Exemption From E-Invoicing
E-Invoice 
 Suppliers of jewellery etc. who are
 _____________company or financial institution including NBFC
registered in one state may visit Meaning:
 ___________ in relation to transportation of goods by road in a goods carriage
other States & need to carry their  E-Invoicing essentially involves
 Supplier of passenger transportation service
goods (Ex. Jewellery) along for reporting details of specified
 Government department and local authority
approval. In such cases, if GST documents to a
 Person supplying services by way of __________________ films in multiplex screens
jewellery etc. is approved by buyer, government notified portal and
then supplier issues a tax invoice obtaining a reference number.
Requirement of HSN invoice:
only at the time of supply. In such
1. When Supply made to Registered person [B2B]: Mandatorily to mention HSN in invoice
case, supplier is not able to Applicability:
 If Aggregate Turnover of preceding F.Y. is upto Rs 5 Crore = 4 Digit HSN
register as CTP.  All registered businesses with
 If Aggregate Turnover of Preceding F.Y. is more than Rs 5 Crore = 6 Digit HSN
 Goods which are taken for supply an aggregate turnover (based
2. When Supply made to Unregistered person [B2C]:
on approval basis can be moved on PAN) in any preceding
 If Aggregate Turnover of preceding F.Y. is upto Rs 5 Crore = No need to mention HSN
from PoB to another place on financial year from 2017-18
 If Aggregate Turnover of preceding F.Y. is more than Rs 5 Crore = No need to mention HSN [6
delivery challan along with EWB & onwards greater than ______
Digit]
invoice may be issued at the time (hereinafter referred to as
Requirement of Dynamic QR Code on B2C Invoice
of delivery. ‘notified persons’) will be
 All B2C invoices issued by a registered person whose aggregate turnover in any preceding financial year
required to issue e-invoices
from 2017-18 onwards exceeds Rs 500 crores will have a QR code 82
E-Invoice Continue… Rule 138 of CGST Rules, 2017: E-Way Bill

Non-Applicability of QR Code: Meaning of E-Way Bill  E-way bill is an electronic document generated on the GST portal evidencing movement of goods.
 Insurer or banking company or  Rule 138 prescribes e-way bill as the document to be carried for the consignment of goods in certain prescribed
financial institution including cases
NBFC When it is required to  E-way Bill is mandatory in case of movement of goods of consignment value exceeding Rs 50,000
 Goods transport agency supplying be Generated  Registered person causing movement of goods shall furnish the information relating to the said goods in Part A of
services in relation to Form GST EWB-01 before commencement of such movement.
transportation of goods by road in Compulsory generation of E-Way Bill even if Value is less than Rs 50,000
a goods carriage  Inter-State transfer of goods by principal to job worker
 Supplier of passenger  Inter-State transfer of handicraft goods by a person exempted from obtaining registration
transportation service Who causes movement  If supplier is registered and undertakes to transport the goods, movement of goods is caused by the supplier. If
 Person supplying services by way of Goods recipient arranges transport, movement would be caused by him.
of admission to exhibition of  If goods are supplied by an unregistered supplier to a registered known recipient, movement shall be caused by such
cinematograph films in multiplex recipient.
screens Information to be Part A: To be furnished by the registered person who is causing movement of goods
 Supplier of online information and furnished in E-Way Bill However, information in Part-A may be furnished:
database access or retrieval  by the transporter if so authorised or
(OIDAR) services  by the e-commerce operator/courier agency, where the goods are supplied through them
Part B: To be furnished by the person who is transporting the goods.
Parameters/details to be capture in Who can generate the  E-way bill is to be generated by the registered consignor or consignee (if the transportation is being done in
Dynamic QR Code: E-Way Bill own/hired conveyance or by railways by air or by vessel) or the transporter (if the goods are handed over to a
 Supplier GSTIN number transporter for transportation by road). Where neither the consignor nor consignee generates the e-way bill and the
 Supplier UPI ID value of goods is more than Rs 50,000 it shall be the responsibility of the transporter to generate it
 Payee’s Bank A/c number and Other Points E-Way Bill can be generated even if consignment value is less than Rs 50,000
IFSC Details of conveyance In case of intra-State movement of goods upto 50 kmdistance:
 Invoice number & invoice date, may not  from place of business (POB) of consignor to POB of transporter for further transportation or
 Total invoice value and be furnished in  from POB of transporter finally to POB of the consignee.
 GST amount along with breakup Part-B
i.e. CGST, SGST, IGST, Cess, etc. Transfer of goods to  In such cases, the transporter or generator of the e-way bill shall update the new vehicle number in Part B of the
Further, Dynamic QR Code should be such another conveyance EWB before such transfer and further movement of goods
that it can be scanned to make a digital Cancellation of e-way  E-way bill can be cancelled if either goods are not transported or are not transported as per the details furnished in
payment. bill the e-way bill. The e-way bill can be cancelled within 24 hours from the time of generation
Acceptance/rejection  The details of e-way bill generated shall be made available to the supplier (where information in Part A is furnished
Advantages of E-Invoicing of e-way bill by recipient/transporter) or recipient (where information in Part A is furnished by supplier/transporter), if
 Auto-reporting of invoices into registered, on the common portal, who shall communicate his acceptance or rejection of the consignment covered by
GST return
the e-way bill. In case, the supplier/ recipient does not communicate his acceptance or rejection within 72 hours of
 Auto-generation of e-way bill
the details being made available to him on the common portal, or time of delivery of goods whichever is earlier, it
 Early payment
shall be deemed that he has accepted the said
 Improved efficiency of business
details.
 Elimination of fake invoices
 Cost reduction 83
Rule 138 of CGST Rules, 2017: E-Way Bill

Validity period of Distance upto 200KM:


e-way One day in cases other than Over Dimensional Cargo or multimodal shipment in which at least one leg involves transport by ship.
bill/consolidated For every 200 km or part thereof thereafter:
e-way bill One additional day in cases other than Over Dimensional Cargo or multimodal shipment in which at least one leg
involves transport by ship
Upto 20 km:
One day in case of Over Dimensional Cargo or multimodal shipment in which at least one leg involves transport by ship
For every 20 km or part thereof thereafter:
One additional day in case of Over Dimensional Cargo or multimodal shipment in which at least one leg involves transport by ship
Documents/  Invoice or bill of supply or delivery challan copy of the e-way bill in physical form or the e-way bill number in electronic form or mapped to a RFID embedded on to the
devices conveyance
to be carried by a
person-in-charge
of a conveyance
Verification of  Commissioner or an officer empowered by him in this behalf may authorise the proper officer to intercept any conveyance to verify the e-way bill or the e-way bill number in
documents and physical form for all inter-State and intra-State movement of goods
conveyances  Physical verification of a specific conveyance can also be carried out by any officer, on receipt of specific information on evasion of tax, after obtaining necessary approval of
the Commissioner or an officer authorised by him in this behalf.
Cases where E-  Consignor transporting goods to or from between place of business & a weighbridge forWeighment at a distance of 20 kms, accompanied by a Delivery challan.
way Bill not  Mode of transport is non-motor vehicle.
required  Goods transported from Customs port, Airport, Air cargo complex or Land customs station to Inland Container Depot or Container Freight Station (CFS) for clearance by
Customs.
 Goods transported under Customs supervision/seal; from/to custom station.
 Goods transported under Customs Bond from ICD to Customs Port
 Transit cargo transported to or from Nepal or Bhutan
 Movement of goods caused under Ministry of defence as consignor/ consignee.
 Empty Cargo containers are being transported
 Movement of empty cylinders for packing of LPG other than for supply
 Goods being transported by rail where the Consignor of goods is CG/SG/LA.
 Transport of certain specified goods: Includes exempt supply, -ve listed goods.
 Transported Goods [other than de-oiled cake] are exempt from tax [5 Petroleum Products]
 Goods specified as exempt from EWB requirements in respective State/UT Rules.
Following goods are transported:
1. LPG for supply to household & Non- domestic exempted category (NDEC) customers
2. Kerosene oil sold under PDS
3. Used Personal & household goods
4. Postal baggage by Department of Posts
5. Coral; unworked & worked
6. Natural or cultured Pearls; Precious or Semi-precious Stones/metals
7. Jewellery, goldsmiths & silversmith wares etc. Currency 84
Sec 49(1) & (3): Electronic Cash Ledger
Sec 49(2) & (4) & (5): Electronic Credit Ledger Sec 49(7) & (8) & (9): Electronic Liability Ledger
Sec 49(1): Credited to E- Sec 49(3): Amount
 Input-Tax Credit on Self Assessed in Return [GSTR=2]  All liabilities of taxable person under GST shall be
Cash Ledger utilized for
shall be _______________________________ recorded & maintained in this ledger, maintained in GST
Every deposit made towards Making any payment
 ITC can be used to make payment of only Tax & PMT-01 for each person liable to pay tax, interest,
 tax, interest, penalty, towards
______________________________________ penalty, late fee etc.
late fee etc.  Tax,
 Amount of refund claimed of unutilized amount from E-  It shall be debited by all the amounts payable by him to
 by a person by internet  Interest, penalty, Credit Ledger shall be debited to E-Credit Ledger. the said register.
banking or by using fees or any other Every Taxable Person shall discharge his tax dues and Other
credit/debit cards; amount which is Manner Prescribed For using ITC dues in the following Order
NEFT; RTGS etc payable.
Credit Utilization 1. First self-assessed tax; & other dues related to returns
 shall be credited to his
IGST Credit 1. First to be utilized for the payment of of ___________- tax periods
E-cash ledger
_________ 2. Self-assessed tax, and other dues related to the return
 E-Cash Ledger contains a summary of all the deposits/ of the _________- tax period;
2. Second to be utilized for the payment
payments made by a taxpayer. 3. Any other amount payable under this Act including the
of- ___________________
 Payment of challan ≤ Rs. 10,000 can be done ‘over the demand determined u/s 73/74.
(In any order in any ratio)
counter’ with cash/cheques/DD through authorised Tax dues’ → Tax payable under this Act & does not include
CGST Credit 1. First to be utilized for the payment of
banks; Payments > Rs. 10,000 can be made through digital interest, fee, Penalty;
_______
mode. ‘Other dues’ → Interest, penalty, fee or any other amount
2. Second to be utilized for the payment
Note: Restriction of Rs. 10,000 per challan shall not apply to payable under this Act
of ______________
deposit to be made by  Payment of every liability shall be made by debiting
SGST Credit 1. First to be utilized for the payment of
(a) Government Departments; (b) Officer authorised to recover Credit Cash ledger& E-Liability Ledger shall be credited
___________
outstanding dues; accordingly
2. Second to be utilized for the payment
(c) Officer authorised for the amounts collected by way of cash,
of __________
cheque or demand draft during any investigation or enforcement
UTGST Credit 1. First to be utilized for the payment of
activity or any ad hoc deposit Sec 53: Transfer of Fund
UTGST
 Person depositing the amount in E-Cash ledger shall
2. Second to be utilized for the payment
generate challan in GST PMT-06 & enter details of the  Where CGST credit is used for the payment of Output
of IGST
amount to be deposited by him towards tax, interest, IGST,
penalty, fees.  Then CG shall Transfer Equivalent amount from CGST
Presumption of Passing on Tax Burden:
 Challan 14-digit unique Common Portal Identification fund to IGST Fund.
Every Taxable Person who has paid the tax shall:
Number (CPIN) & valid 15 days. [NOTE: Similar provision also contained in SGST / IGST /
 Unless the contrary proved by him
 Amount of refund claimed from E-Cash ledger shall be UTGST Act]
 Be deemed to have passed the full incidence of Tax.
debited to E-Cash ledger.
 to the Recipient
 Ledger is displayed major head-wise [IGST, CGST,
SGST/UTGST & GST CESS].
 Each major head is divided into five minor heads: Tax,  Any Balance in E-Cash Ledger or E-Credit Ledger, After
Interest, Penalty, Fee & Others. payment of Tax, Interest, Penalty, Fee or Any other may
 Information is kept minor head-wise for each major head be _____________. 85
Sec 50: Interest on Delayed Payment of Tax

Sec Particulars Rate


50(1)  Delayed Payment of Tax
50(3)  Interest on undue/Excess claim of
ITC u/s 42(10);
 Interest on undue or excess
reduction in output tax liability u/s
43(10)
Notes:
 Interest u/s 50(1) shall be calculated from next day of
due date of payment of tax.
 Interest payable for actual period of delay, not for
whole month.
 Interest is payable even if duty is paid before issue of
SCN.

86
Some important Concepts Key Points

 Means the common goods and Return/Statement Periodicity Who files? Date for filing
services tax electronic portal GSTR-1   Person registered under regular  Due date prescribed in the Act is
 Common portal means GST Portal scheme (including a casual 10th day of the next month.
 It is owned by GSTN taxable person) However, presently, the same is
 GSTN is a company Registered  Registered persons opting for being extended to 11th day of the
under Companies Act. 2013 (Sec : 8 QRMP Scheme (including a casual next month.
taxable person)  13th day of the month succeeding
) ie Not for profit
the quarter has been notified as
 GSTN Provide service to
the due date
Government & Government Fund to
GSTR-3B  Person registered under regular  20th of the month
GST on Actual/Cost basis.
scheme including casual taxable  22nd or 24th of the month
 All work like Registration, Return, person depending upon the State or Union
Payment, Computation & settlement  Registered persons opting for Territory in which they are
of – IGST & Other functions etc. QRMP Scheme (including a casual registered
done by GSTN taxable person)
GSTR-4   Registered person paying tax  30th April of the next financial
under composition scheme year
GSTR -2A GST CMP-08   Registered person paying tax  18th day of the month succeeding
under Composition scheme the quarter
 Form GSTR-2A
GSTR-5   Registered non-resident taxpay  20th day of the next month or
 System Generated read only
within 7 days after expiry of
statement ff inward supplies
registration, whichever is earlier
 For a recipient
GSTR-9   Registered person other than an  31st December of the next financial
 Updated on a real time basis
ISD, tax deductor/tax collector, year
casual taxable person and a non-
GSTR -2B resident taxpayer
GSTR-10   Taxable person whose  Within three months of the date
 Form GSTR-2B
registration has been of cancellation or date of order of
 An auto-drafted read only
surrendered or cancelled cancellation, whichever is later
statement
GSTR-11   Persons who have been issued a -
 Contains details of ITC
Unique Identity Number (UIN)
 Made available to the registered
person (recipient) for every month
 A static statement and is available
only once a month

87
Sec 37: Furnishing Details of outward Sec 37: Furnishing Details of outward Sec 37: Furnishing Details of outward supplied
supplied supplied

Who is required to file GSTR-1: Quaterly Return Monthly Payment


 Every Registered Person including Casual Quaterly Return Monthly Payment
Taxable Person except for the following: Furnishing details of outward supply details under QRMP:
1. __________________ Validity of option once exercised: Filing of GSTR-1 Quaterly Basis
2. ________________  Taxpayers are not required to exercise Optional facility to upload invoice details using
3. __________________ their option every quarter. Where such IFF up to Rs 50 lakh in each month (for 1st and
4. ______________ option has been exercised once, they shall 2nd month of the quarter)
5. _______________ continue to furnish the return as per the Invoices pertaining to last month of a quarter To be uploaded in GSTR-1 only
6. ___________ selected option for future tax periods, Invoice uploaded using IFF
Due Date of Submission of GSTR-1: unless they revise the said option.
 GSTR-1 for a particular month is filed on or QRMP Scheme: Details of invoice furnished using IFF in first 2 not required to be furnished
before the 10th day of the immediately  Opting of QRMP Scheme is GSTIN wise months again in GSTR-1
succeeding month.  Distinct persons can avail QRMP scheme a registered person may choose not to use IF instead furnish the details of
 It may be noted that GSTR-1 cannot be option for one or more GSTINs. outward supplies made during a
filed during the period from 11th day to 15th Monthly Payment of Tax: quarter in Form GSTR-1 only
day of month succeeding the tax period.  Tax due in each of the first 2 months of the
quarter Invoice Furnishing Facility:
Quaterly Return Monthly Payment  To be paid by depositing in pre filled Form For taxpayers filing quarterly return: Invoices to be furnished from 1st day to
GST PMT-06 13th day of the succeeding month
 It is optional Return filing scheme  Payment to be made by 25th of the  For 1st month pf the quarter
 Quaterly Return succeeding month  For 2nd month of the quarter
 Monthly Payment Fixed Sum Method:  up to a cumulative value of Rs 50 lakh in each of the months
Pay tax due in each of the first two months of Quaterly filing of form GSTR-3B in QRMP:
Eligibility: the quarter: GSTR 3B: Quarterly GSTR-3B on or before 22nd or 24th of the month succeeding
 Taxpayers having aggregate turnover of up  35% of the tax paid in cash in the return the quarter
to Rs 5 crore in the preceding financial year. for the preceding quarter where the return Offsetting of Tax Liability: Amount deposited in the first 2 months can be
was furnished quarterly debited only for offsetting the liability.
Criteria: Deposit in PMT-06 by 25th day of the month Cancellation of Registration: GSTR-3B to be filed even if cancellation of
 Taxpayer must have furnished the last succeeding such month registration was done during any of the first two months of the quarter
return, as due on the date of exercising  Tax liability paid in cash in the return for Opting out of QRMP:
such option the last month of the immediately preceding  Aggregate turnover has exceeded Rs 5 crore in the financial year
quarter where the return was furnished  Available from 1st day of 2nd month of preceding quarter to the last day of
Exercising Option: monthly the first month of the quarter
 Taxpayers can opt in for any quarter from Quaterly filing of form GSTR 3B in case of other Tax Payers:
1st day of 2nd month of preceding quarter to Monthly tax payment through this method would not  Monthly GSTR-3B
the last day of the first month of the be available to those registered persons who have  on or before 20th of the month succeeding the quarter for which return is
quarter for which the option is being not furnished the return for a complete tax period furnished
exercised preceding such month. 88
Sec 37: Furnishing Details of outward Sec 38: Furnishing Details of Inward supplied Sec 39: Filing of Periodic Return
supplied
 Every Registered Person GSTR 3B: already Discussed Above with QRMP
Kind of details of outward supplies are required [Other than Non-Resident, Composite GSTR 4: Composition Tax Payer
to be furnished in GSTR-1: Dealer, Input service distributer, TDS
Uploading of Invoices Deductor, TCS Collector] Shall Validate, Content of GSTR 4:
Nature Verify, Modify or Delete (If required) two  Invoice-wise details of all inward supplies (i.e., intra and inter-State supplies and
Intra-State Consolidated details details of from registered and unregistered persons) including reverse charge supplies and
Supply for each rate of tax  “Outward supplies” filed by supplier in import of services.
Inter-State Invoice value > Rs. GSTR:1 and Communicated to Recipient in  Summary of self-assessed liability as per GST CMP-08
B2C Supply 2.5 Lacs → Invoice GSTR:2A  Tax rate wise details of outward supplies/inward supplies attracting reverse
wise details  GSTR 2A and GSTR 2B : Already Discussed charge
Invoice value ≤ Rs. above  Consolidated details of outward supplies
2.5 Lacs → Other points for GSTR 2B: Due Date of Filing:
Consolidated details the details of outward supplies furnished by his Due date of filing GST CMP-08 for a
for each rate of tax supplier who has opted for QRMP scheme, in Form quarter
for each state GSTR-1 or using the IFF, as the case may be Due date of filing GSTR-4 for a
(State-wise for the 1st month of the quarter, between the day financial year
summary) immediately after the due date of furnishing of  GSTR 4A: Same as GSTR 2A
Form GSTR-1 for the preceding quarter to the due  Nil GST CMP -08 is mandatory
B2B Intra-State Invoice Wise
date of furnishing details using the IFF for the 1st Normal to Composition:
Supply Details
month of the quarter; If RP opts for composition scheme from the beginning of FY, he will have
Inter-State
for the 2nd month of the quarter, between the day to furnish statements/return relating to period prior till: [Earlier of]
Supply
immediately after the due date of furnishing details (a) Due date of furnishing return for September of succeeding FY OR
using the IFF for the 1st month of the quarter to (b) Furnishing of annual return of preceding FY
 Need to file GSTR-1 even if there is no
the due date of furnishing details using the IFF for Composition to Normal:
Business activity
the 2nd month of the quarter; Composition dealer (withdrawing from composition scheme) will have to furnish GSTR-4 &
Rectification of Errors:
for the 3rd month of the quarter, between the day GST CMP-08 relating to prior period prior till:
 If the supplier discovers any error or
immediately after the due date of furnishing of GSTR-4: 30th April following the end of FY of withdrawal of option.
omission, he shall rectify the same in the
details using the IFF for the 2nd month of the GST CMP-08: 18th of next month after the end of quarter of withdrawal
tax period during which such error or
quarter to the due date of furnishing of Form GSTR 5: Return for Non-resident Taxable Person
omission is noticed, and pay the tax and
GSTR-1 for the quarter
interest, if any, in case there is short
payment, in the return to be furnished for Monthly tax return has been prescribed in Form GSTR-5 for a NRTP for every calendar
 GSTR 5: ___________________ month or part thereof. The details of outward supplies and inward supplies of a NRTP are
such tax period.
 GSTR 6: _____________________ incorporated in GSTR-5.
Time limit for rectification
 GSTR 7: _______________- Last Date for Filing:
Due date of filing of return for month of
 GSTR 8: ___________________ Within 20 days after the end of the calendar month or within 7 days after the last day
September/quarter ending September following
 Details of the integrated tax paid on the of validity period of the registration, whichever is earlier
the end of FY [i.e.20th October of next FY]
import of goods or goods brought in DTA  A NRTP should pay the tax, interest, penalty, fees or any other amount payable
OR
from SEZ unit/developer on a bill of entry under the CGST Act or the provisions of the Returns chapter under the CGST
Actual date of filing of the relevant Annual return.
are also made available in Form GSTR-2A. Rules, till the last date of filing GSTR-5.
Whichever is _________________- 89
Sec 40: First Return Sec 45: Final Return Sec 46/47: Default/Delay in Furnishing Return

 To enable RP to declare taxable supplies Every registered person who is required to furnish  A notice in prescribed form is issued, electronically, to a registered person
made by him b/w the date on which he return u/s 39(1) and whose registration has been who fails to furnish return under section 39 [Normal Return] or section 44
became liable to registration till date on surrendered or cancelled is required to file a final [Annual Return] or section 45 [Final Return] or section 52 [TCS Statement].
which registration has been granted so that return electronically in Form GSTR10 through the The notice requires the registered person to furnish the return within 15
ITC can be availed by the recipient on such common portal. days.
supplies. What is the time-limit for furnishing final Late fees levied for delay in filing return
 RP may issue Revised Tax Invoices against return?
the invoices already issued during said The final return has to be filed within 3 months of Delay in filing any of the following by their respective due dates, attracts late
period within 1 month from date of issuance the: fee:
of certificate of registration date of cancellation (A) Statement of Outward Supplies [Section 37]
 The format for this return is the same as OR (B) Returns (including returns under QRMP Scheme)
that for regular return. date of order of cancellation (C) Final Return
PC Note: Applicable if effective date of Rs 100 for every day during
registration is before date of grant of registration which such failure continues Quantum of
late fee
Sec 48: GST Practitioners
OR
Sec 44: Annual Return The responsibility for correctness shall continue to Rs 5,000
rest with the registered taxable person. Late fees for delay in filing Annual Return
All Registered Person are required to file Annual  To be a GST Practitioner need to apply in Rs 100 for every day during which such failure continues
Return except for the following: specified form. OR
 Casual taxable persons.  The person should be: Indian Citizen, sound 0.25% of the turnover of the registered person in the
 Non- resident taxable person mind, solvent, non-convicted, Graduate, post State/Union Territory
 Input service distributors14 graduate, Qualified final exam of
 Persons authorized to deduct/collect tax at CA/CS/CMA etc]
Late fees for delayed filing GSTR -1/3B [Amendment=
source under section 51/52 and  No person shall be eligible to attend before
 Person supplying OIDAR services from any authority as a GST practitioner in For Registered Person who have nil outward supplies or whose tax payable in 3B is
outside India to unregistered persons in connection with any proceedings under the Nil:
India Act on behalf of any registered or un- 
The annual return for a financial year needs to be registered person unless he has been
filed by 31st December of the next financial year.
For Registered person whose Aggregate Turnover is ≤Rs 1.5 Crores in the
enrolled for this.
 The annual return is to be filed preceding
 A GST practitioner attending on behalf of a
electronically in Form GSTR-9 through the 
registered or an unregistered person in any
common portal. proceedings under the Act before any For Registered person Rs 5 Crores ≥ Aggregate Turnover > Rs 1.5 crore in the
 Composition scheme supplier: A person authority shall produce before such preceding F.Y.
paying tax under composition scheme is authority, if required, a copy of the  Rs
required to file the annual return in Form authorisation For Composition Tax Payer
GSTR-9A  Where Tax payable is nil = Rs 500 [250for CGST and 250 for SGST/UTGST]
 For others = Rs 2,000 [1000 for CGST and 1,000 for SGST/UTGST]

90

You might also like