This document outlines the key concepts and modules to be covered in an end-semester syllabus on Goods and Services Tax (GST) law in India. It discusses [1] the constitutional framework and history of indirect taxation pre-GST, [2] basic concepts under GST such as supply, time and place of supply, and valuation, [3] classification disputes and interpretation of tax rates, [4] registration requirements and input tax credit eligibility, and [5] other topics like reverse charge, exemptions, anti-profiteering and the composition scheme. The syllabus provides an overview of the legal and regulatory framework of GST and analyzes important case laws on various aspects of GST law.
This document outlines the key concepts and modules to be covered in an end-semester syllabus on Goods and Services Tax (GST) law in India. It discusses [1] the constitutional framework and history of indirect taxation pre-GST, [2] basic concepts under GST such as supply, time and place of supply, and valuation, [3] classification disputes and interpretation of tax rates, [4] registration requirements and input tax credit eligibility, and [5] other topics like reverse charge, exemptions, anti-profiteering and the composition scheme. The syllabus provides an overview of the legal and regulatory framework of GST and analyzes important case laws on various aspects of GST law.
This document outlines the key concepts and modules to be covered in an end-semester syllabus on Goods and Services Tax (GST) law in India. It discusses [1] the constitutional framework and history of indirect taxation pre-GST, [2] basic concepts under GST such as supply, time and place of supply, and valuation, [3] classification disputes and interpretation of tax rates, [4] registration requirements and input tax credit eligibility, and [5] other topics like reverse charge, exemptions, anti-profiteering and the composition scheme. The syllabus provides an overview of the legal and regulatory framework of GST and analyzes important case laws on various aspects of GST law.
(Case laws are only indicative and not exhaustive)
Module I Constitutional Framework of GST
Overview of the Indirect Taxes in the Pre-GST era –Constitutional Framework -
Dominant Nature Test- State of Madras v. Gannon Dunkerlev & Co. (Madras) Ltd.- Bharat Sanchar Nigam Ltd. V. UOI (2006) Supreme Court Introduction to GST
Module II Basic Concepts of GST
Supply
Definition-Inclusions in supply-Exclusions in supply (sec.7 CGST read with Schedule
I and III)- Definition of Business- Consideration- The expression in the course or furtherance of business- Schedule III of CGST Act - Brandix Apparel India (P.) Ltd., In re [2023] 149 taxmann.com 396 (AAR - ANDHRA PRADESH)- North Shore Technologies (P.) Ltd., In re [2021] 125 taxmann.com 363 (AAR- UTTAR PRADESH)- Troikaa Pharmaceuticals Ltd., In re [2023] 146 taxmann.com 128 (AAR - GUJARAT) GE T & D India Ltd. Deputy Commissioner of Central Excise [2020] 115 taxmann.com 213 (Madras)- Manappuram Finance Ltd. v. Assistant Commissioner of Central Tax and Excise - [2022] 145 taxmann.com 422 (Kerala) Superintendent Model Jail Chandigarh, In re [2023] 147 taxmann.com 155 (AAR- CHANDIGARH)- Bai Mamubai Trust v. Suchitra [2019] 109 taxmann.com 200
(Bombay)- Shrimad Rajchandra Adhyatmik Satsang Sadhana Kendra, In re [2019]
71 GST 541 (AAAR Maharashtra) Meaning of Goods –Services- actionable claims-Kalyan Jewellers India Ltd., In re (2020) AAR-Tamil Nadu- Premier Sales Promotion (P.) Ltd. v. UOI [2023] 147 taxmann.com 85 (Karnataka)- Myntra Designs (P.) Ltd., In re [2023] 148 taxmann.com 186 (AAAR-KARNATAKA) classification between goods and services- GST regime- Schedule II Composite and Mixed Supply- Naturally Bundled Principle-Difference between Composite and Mixed supply- Disputes in India- Illustrative list Composite Supply or Works Contracts-Fermi Solar Farms (P.) Ltd. In re AAAR- UOI v. Mohit minerals [2022] 138 taxmann.com 331 (SC) Supply of Free goods and Services- Buy one, get one-Polycab Wires (P.) Ltd., In re [2019] 104 taxmann.com 36 (AAR - KERALA)- Corporate Social Responsibility and GST- Indian Institute of Corporate Affairs, In re AAR-Delhi [2019] 107 taxmann.com 413 (AAR - New Delhi)- Place of Supply
Intra-state supply (sec.8 IGST)
Inter-state supply (sec. 7 IGST) Domestic Supply of goods (sec.10 IGST)-Domestic Supply of services (sec.12 IGST) Cross-Border Supply of goods-Meaning of Import-Meaning of Export-Import-Export of Goods (sec.11 IGST)- Cliantha Reseach Ltd., In Re (2019) AAR-Maharashtra- Duty Free Shops- Rod Retail (P.) Ltd., In re (2018) AAR- Delhi- Atin Krishna v. UOI (2019) Allahabad High Court- Sandeep Patil v. UOI (2019) Cross-Border Supply of services- Meaning of Import of Services-Meaning of Export of Services- Place of Determination sec.13 IGST OIDAR- Meaning-Determination of place of supply sec.12 and 13-Non-taxable Online Recipient-supply by intermediary Online Gaming- Game of Chance or Game of Skill.
Time of Supply
Time of supply of goods (sec.12 CGST read with sec.31)-general provision-when
goods-involve movement-when goods does not involve movement-goods supplied on approval-basis-continuous supply-time of supply of vouchers-reverse charge Time of supply of services (sec13 CGST rad with sec.31)-general provision- continuous-supply of service-other than continuous service-supply ceases-time of supply of-vouchers-reverse charge Change in rate of tax (sec.14 CGST)
value when consideration is not solely in money value when supply between related and distinct person Special provisions (Rule 32 of CGST)-air ticket booking-second hand goods- vocuhers/coupons Value of supply in case of pure agent (Rule 33 of CGST)- Premier Vigilance & Security (P.) Ltd., In re (2019) AAR-West Bengal) Module III
Classification Disputes
Rates of tax, Notifications on goods and services
Non-taxable supply-Exempt supply-Nil-rated supply-zero-rated supply HSN and SAC classification for goods and services General Interpretative Rules- Common Parlance Test -Puma Ayurvedic Herbal (P) Ltd. CCE (2006) SC-Akansha Hair & Skin Care Herbal Unit (P) Ltd., in re (2018) AAR-West Bengal-House of Marigold, IN re (2019) AAR-Gujarat- State of Gujarat v. Titan Industries Ltd. (2017) Gujarat HC- Coffee Day Global Ltd., In re (2018) AAR- Karnataka-
Module IV
Registration
Definition of the term person-taxable person-registered person-casual taxable person-
non-resident taxable person Who is liable to be registered (sec.22)-compulsory registration (sec.24)- Who is not liable to be registration (sec.23)- voluntary registration- deemed to be registration- (sec.25)- Distinct Person-Habufa Meubelen B.V., In re (AAR-Rajasthan)(2018)- Columbia Asia Hospitals (P.) Ltd., In re (AAAR-Karnataka) (2018)- Dubai Chamber of Commerce & Industry, In re [2022] 141 taxmann.com 211 (AAAR- MAHARASHTRA)- Northern operating system (SC ruling 2022) (Pre-GST)
Eligibility for availing ITC (sec.16) How to avail ITC (sec.49) Blocked credit (sec.17(5)) ITC on zero-rated and exempt supply (apportionment of credit) (sec.17(1) r/w rule 42
and 43) Vindhya Telelinks Ltd.,In re [2018] 97 taxmann.com 564 (AAR-
UTTARAKHAND Types of returns to be filed Tax Evasion Reverse Charge Mechanism
Definition of RCM sec.2(98)
Sec.9(3) and (4) of CGST; sec.9(3) and (4) of IGST Time of supply of goods and services Input Tax Credit Self-invoicing
Notable Exemptions
Charitable Trust and Religious Institutions
Educational Institutions
Module V
Anti-Profiteering
Sec. 171 of CGST Act
Case laws- Kumar Gandharv V. KRBL Limited-Pawan Sharma v. Sharma Trading
Company [2018] 97 taxmann.com 157 (NAA)- Director General of Anti-profiteering
v. Nestle India Ltd. [2019] 112 taxmann.com 202 (NAA)
Miscellaneous
Composition Scheme Sec.10 of CGST Act-Eligibility under Composition Scheme
Disqualification under Composition Scheme Compensation cess-Constitutional validity- Union of India v. Mohit Mineral (P.) Ltd. [2022] 138 taxmann.com 331 (SC)