Professional Documents
Culture Documents
An Overview
Table of contents
Introduction
Difference between direct tax and indirect tax
Pre-GST tax structure in India
Concept of supply
Meaning of supply,
Significance
Activities which are treated as supply under schedule I
Transaction related to supply under schedule II
Activities of negative list (activities which are neither supply of goods nor supply of services)
under Schedule III
Levy of GST
Basis of charge
Inter-state supply and intra-state supply
GST rates notified for notified supply of various goods and services
Exemptions from GST
Place of supply and time of supply
Class-1: Table of contents
Institution of GST
Constitution (122nd Amendment) Bill, 2014 became Constitution (101st Amendment) Act, 2016,
upon consent from First Person (President) of India on 8th September, 2016 which paved way for
introduction of GST in India.
Amendments:
Dual control of Centre and State on all assesses - Concurrent powers on Parliament and State
Legislatures to make laws governing goods and services. The Parliament of India as well as to
Legislature of every State can levy GST on all the assesses (Article 246A) under –
What is GST?
G – Goods
S – Services
T – Tax
“Goods and Service Tax (GST) is a comprehensive tax levy on manufacture, sale and consumption of goods and
service at a national level under which no distinction is made between goods and services for levying of tax. It
will mostly substitute all indirect taxes levied on goods and services by the Central and State governments in
India.
GST is a tax on goods and services under which every person is liable to pay tax on his output and is entitled
to get input tax credit (ITC) on the tax paid on its inputs(therefore a tax on value addition only) and ultimately
the final consumer shall bear the tax”.
Objective of GST
OBJECTIVES OF GST: One of the main objective of Goods & Service Tax (GST) would be to eliminate the
double taxation i.e. cascading effects of taxes on production and distribution cost of goods and services.
The exclusion of cascading effects i.e. tax on tax till the level of final consumers will significantly improve
the competitiveness of original goods and services in market which leads to beneficial impact to the GDP
growth of the country. Introduction of a GST to replace the existing multiple tax structures of Centre and
State taxes is not only desirable but imperative. Integration of various taxes into a GST system would
make it possible to give full credit for inputs taxes collected. GST, being a destination-based consumption
tax based on VAT principle.
Worldwide GST:
France was the first country to introduce GST in 1954. Worldwide, Almost 150 countries have
introduced GST in one or the other form since now. Most of the countries have a unified GST system.
Brazil and Canada follow a dual system vis-à-vis India is going to introduce. In China, GST applies only to
goods and the provision of repairs, replacement and processing services.
Tax structure before and After GST
Tax structure before and After GST - Example
In case, VAT rate is also considered to be 12%, the saving to consumer would be
1.15%.
Class-2: Table of contents
Meaning of supply
Concept of supply
Categories of supply
Category-1 - Supply of goods and services
Category-2 - Import of service
Category-3 - Supply without consideration
Category-4 - Deemed supply
Meaning of Supply
Meaning of Supply
Meaning: Supply includes sale, transfer, exchange, barter, license, rental, lease and disposal. If a
person undertakes any of these transactions during the course or furtherance of business for
consideration, it will be covered under the meaning of Supply under GST.
Concept of Supply
Different
Activity Supply in the course of
Categories
Consideration furtherance of business of
supplier
GST is not applicable if the supplier is not in the business of supplying goods or services. (E.g. A salaried employee
is not subject to GST if he sells his old gold (as he is not in the business of selling gold)
Concept of Supply
Different
Activity Supply in the course of
Categories
Consideration furtherance of business of
supplier
Import of service is also supply for the purpose of GST. However, it is subject to the following:
Different
Activity Supply in the course of
Categories
Consideration furtherance of business of
supplier
Supply without consideration: Supply includes a few activities specified in Schedule 1. These activities are treated as
supply even if supply is made without a consideration
Deemed Supply: Deemed Supply means event or transaction where no or inadequate consideration is received for
the supply of goods or services. Such type of exchange of service is also termed as Barter System.
Class-3: Table of contents
1. Permanent transfer/disposal of business assets where input tax credit (ITC) has been availed on
such assets.
E.g.
(a) A dealer of an Air conditioner permanently transfer an Air conditioner on which ITC has been
availed from his Stock in Trade for personal use at his residence.
(b) A Pharmaceutical company which has distributed certain products as free sample which are
regular products having MRP on it and do not carry any declaration that a product are not for resale
and on which ITC has been taken.
© Where goods forming part of the assets of a business are transferred or disposed of by or under
the directions of the person carrying on the business so as no longer to form part of those
assets, whether or not for a consideration, such transfer or disposal is a supply of goods by the
person.
Concept of Supply – Schedule - I
2. Supply of goods or services between related persons, or between distinct persons as specified in
section 10, when made in the course or furtherance of business.
Example:
♣ Intra State Stock Transfer
Super Cars Ltd is a car manufacturing unit located in Karnataka. They also own a service unit in Karnataka.
Super Cars Ltd have obtained separate registrations for both the manufacturing and service units.
The manufacturing unit and the service unit of Super Cars Ltd will be treated as distinct persons, and any
supply between them will be taxable, even without consideration.
3. Supply of goods—
I. by a principal to his agent where the agent undertakes to supply such goods on behalf of the principal,
Example: While making an Application for Pan Card , we visit Karvy Offices or other Franchise Holder (acting
as an Agent) for the Principal (NSDL). Hence Karvy or other Franchise office will come under Schedule I.
Or
II. by an agent to his principal where the agent undertakes to receive such goods on behalf of the principal.
Example: Super Cars Ltd appoints Sharma Agency as an agent. Sharma Agency receives spare parts supplied
by Super Cars Ltd, and as and when an order is received by Super Cars Ltd from his dealers, an instruction
will be sent to Sharma Agency to supply the parts. Also, Sharma Agency is entrusted to receive raw material
from the manufacturers on behalf of Super Cars Ltd
Concept of Supply – Schedule - I
4. Importation of services by a taxable person from a related person or from any of his other establishments outside
India, in the course or furtherance of business.
For Example-
John & Co an architecture consultancy firm of USA provided his services to Ram & Associates, a Chartered Accountants
firm of India for designing it’s office at Mumbai for a consideration of Rs. 10,00,000/- and also to design the home of
Mr. Ram, the Managing Partner of Ram & Associates for a consideration of Rs 2,00,000 respectively. Also Ram &
Associates took the services of its’ associate firm Ram Capital in London which specializes in Capital Management to
manage its surplus funds without any consideration.
Solution:
As per Sec 2(102) of CGST Act , services means anything other than goods, money and securities but includes activities
relating to the use of money or its conversion by cash or by any other mode, from one form currency or denomination to
another form, currency or denomination for which a separate consideration is charged.
So, here designing consultancy by John & Co and capital management services by Ram Capital fall under the definition
of services as these are activities other than goods, money and securities. Service can either be active i.e. to do
something or passive i.e. not to do something.
Concept of Supply – Schedule - III
Negative List under GST Regime – Schedule III of the CGST Act 2017: Schedule III in the CGST Act is akin to
the negative list under the service tax regime. This Schedule specifies transactions/ activities which shall be
neither treated as supply of goods nor a supply of services.
Transfer of title is the act of point in place or time at which ownership of a thing is passed from one person to
another. Thus transfer of title for a consideration implies transfer of ownership, transfer of possession and control
on goods i.e. transfer of the property in goods.
Any transfer of title in goods is a supply of goods which is taxable as per Schedule II.
High Sea sale is a transaction, wherein there is transfer of ownership, when the goods are on high seas. After the High
sea sale of the goods, the Customs declarations i.e. Bill of Entry etc is filed by the person who buys the goods from the
original importer during the said sale.
Section 7(2) of CGST Act provides that the goods imported into territory of India, till they cross the customs frontiers of
India, shall be treated to be a supply of goods in the course of inter-State trade or commerce.
Under GST inter-state transactions are subject to IGST. High sea sales of imported goods are akin to inter-state
transactions.
Concept of Supply – Schedule - II
1-b. Transfer of right in goods or of undivided share in goods without the transfer of title thereof is a supply of services
The phrase “transfer of right to use intangible goods is of great significance to impose tax on it. The thrust is on the
transfer of right to use the goods or use of tangible goods, including machinery, equipment and appliances, for use, with
no legal right of possession and effective control. (E.g. Excavators, Cranes, Dump trucks, High value and sophisticated
machineries are usually supplied for use, without any legal right of possession and effective control.)
It is important to understand here that in transfer of right to use goods, all the rights except the ownership rights are
transferred by the transferor to the transferee so as to enable him to use the goods at his own will to the exclusion of the
transferor.
Example-
(i) Supply of Equipment’s & Machinery to Contractor.
(ii) Renting of Machinery.
(iii) Rental service of transport vehicle
However, in case of rental service of transport vehicles including buses, coaches, cars, trucks, and other motor vehicle
with or without operator are the services where the renter (person taking vehicles on rent) defines how and when the
vehicles will be operated, determines schedules, routes, and other operational considerations. Where these conditions
are not satisfied then it will not be termed as Renting service.
Concept of Supply – Schedule - II
1.c. - Transfer of title in goods under an agreement which stipulates that property in goods shall pass at a
future date upon payment of full consideration as agreed, is a supply of Goods- Example- Hire Purchase.
The term lease has not been defined anywhere in GST Act or Rules, GST does not differentiate between
Finance & Operating Leases.
What is important is whether “transfer of title” involves in the lease transactions or not.
a) If the lease agreement stipulates transfer of title: Supply of goods (E.g. Sale of Land, Building, Flat etc.)
b) If the lease agreement does not stipulate transfer of title: Supply of services (E.g. Renting, Hiring etc.)
Concept of Supply – Schedule - II
2.a. - Transfer of Tenancy right against Consideration in the form of Tenancy Premium is liable to GST is a
supply of service
GST Council vide its Circular No. 44/18/2018-CGST dated 02.05.2018 has issued clarification that the transfer of
tenancy rights to an upcoming tenant, consideration for which is in the form of Tenancy premium is liable to GST.
The activity of transfer of tenancy right against consideration in the form of tenancy premium is a supply of service and
liable to GST. It is a form of lease or renting of property and such activity is specifically declared to be a service.
The transfer of tenancy rights cannot be treated as sale of land or building declared as neither a supply of goods nor of
services in Para 5 of Schedule III to CGST Act, 2017. Thus, a consideration for the said activity shall attract levy of GST.
2.b. - Transfer of tenancy rights to a new tenant against consideration in the form of tenancy premium is taxable.
However, grant of tenancy rights in a residential dwelling for use as residence dwelling against tenancy premium or
periodic rent or both is exempt vide S. no 12 of Notification No. 12/2017.
Land easement” is the legal term for the right to use or occupy another entity’s land for a specified purpose.
Concept of Supply – Schedule - II
2.c. - Any lease or letting out of the building including a commercial, industrial, or residential complex for
business, or commerce, either wholly or partly is a supply of services
Any lease or letting out of the building including a commercial, industrial or residential complex for
business or commerce, either wholly or partly, is a supply of services. (schedule II of CGST Act, 2017).
Accommodation service provided by hotels, Lodges and guest house and Rent income is a taxable supply
under GST.
Services by way of renting of residential dwelling for use as residence is exempt under Serial No- 12
of Notification No- 12 Central Tax Rated dated 28.06.2017.
3. Treatment or Process
Schedule II of the CGST Act, which sets out the activities to be treated as supply of goods or supply of services, it
provides that any treatment or process which is applied to another person’s goods is a supply of services. Accordingly,
the job worker is liable to GST at applicable rates on the processing charges paid by principal.
Section 2(68) of the CGST Act 2017 defines job work to mean any treatment or process undertaken by a person on
goods belonging to another registered person and the expression “job worker” shall be construed accordingly.
Also the activity of treatment or process not qualifying as ‘job work’ as the principal is un-registered, should amount to
supply of service.
Job work is merely a treatment or a process on goods. Such process may amount to manufacture or not. Also, a job
worker may use his own materials while performing such process or he may not use any material at all. The law on
these issues have now been settled as the ambit of job work has been enlarged by the phrase “Any treatment or
process”.
Concept of Supply – Schedule - II
II Schedule refer the word ”business assets”, it means assets may be Fixed or Current. Transfer or disposal of the same
will be taxable under GST. The treatment will remain same whether:
This clause of the Schedule II covers the transfer of business assets. It states that the transfer or disposal of assets
should be treated as supply if the following conditions are satisfied:-
Note: Business assets used for personal use whether or not for consideration will be considered as supply of services
Concept of Supply – Schedule - II
Generally, there is no supply when goods acquired by a person are used for business purposes. However, if the goods
are:
(i) Put to private or personal use; or
(ii) Made available for another person for use for any purpose other than a purpose of the business of owner.
(i) Private or personal use or Used for the purpose other than business
XYZ Enterprise, a sole proprietor, is in the business of selling furniture. Its owner took a set of furniture to furnish
his house’s Delhi temporarily for 3 months. The personal use of the furniture by the owner, whether or not for a
consideration, is deemed as a supply of services by the company to him.
(ii) Made available for another person’s use but not done in the course or furtherance of the business of the goods’
owner
ABC Ltd. bought a bulldozer to be used in its own construction business. However, it made the bulldozer available
to be used in the construction business of its sister company, XYZ Ltd. In this case, the usage of bulldozer for any
purpose other than its own business purpose, whether or not for a consideration, is a supply of services by ABC
Ltd.
Where any person ceases to be a taxable person, any goods forming part of the assets of the business carried on
by him, shall be deemed to be supplied by him in the course or furtherance of his business immediately before he
ceases to be a taxable person unless-
The business is transferred as a going concern to another person, or
The business is carried on by a personal representative who is deemed to be a taxable person
Concept of Supply – Schedule - II
Where a person has surrendered the GST registration on account of various reasons:
Where a person has now engaged in the business of exclusively supplying goods/and or services
that are not liable to tax under this Act. E.g.- Supply of tobacco, petroleum products or liquor for
human consumption.
Where the aggregate turnover of the business falls below the threshold limit under GST. (Refer to
Notes)
Where the business has substantially suffered losses over the last year and the proprietor decided
to close the business and retire.
Levy of GST
Types of Taxes
Basis of charge - Input Tax Credit
Mechanism of Input Tax Credit
How to Claim Input Tax Credit
Conditions for Input Tax Credit
Online Input Tax credit process
Input Tax Credit
Type of Taxes under GST : All existing taxes such as Value Added Tax (VAT), Central Sales Tax (CST), Excise
Duty, Service Tax, Entertainment Tax have gone away and Goods and Services Tax (GST) will replace them.
Input Tax Credit (ITC) is the tax that a business pays on a purchase and that it can use to reduce
its tax liability when it makes a sale. In other words, businesses can reduce their tax liability by claiming credit
to the extent of GST paid on purchases.
Input Tax Credit
Eligibility:
Input Credit Mechanism is available when covered under the GST Act.
It means:
Are eligible to claim INPUT CREDIT for tax paid by the firm on their PURCHASES.
Input Tax Credit
1. Must have a tax invoice (of purchase) or debit note issued by registered dealer
Note: Where goods are received in lots/installments, credit will be available against the tax invoice upon
receipt of last lot or installment.
Note: Where recipient does not pay the value of service or tax thereon within 3 months of issue of
invoice and he has already availed input credit based on the invoice, the said credit will be added to his
output tax liability along with interest.
3. The tax charged on purchases has been deposited/paid to the government by the supplier in cash or via
claiming input credit
Therefore, to allow you to claim input credit on Purchases all your suppliers must be GST compliant as well.
Input Tax Credit
Conditions for availing ITC: There’s more you should know about input credit –
I. It is possible to have unclaimed input credit. Due to tax on purchases being higher than tax on sale. In
such a case, you are allowed to carry forward or claim a refund.
II. Input tax credit (ITC) cannot be taken on purchase invoices which are more than one year old. Period is
calculated from the date of the tax invoice.
III. Since GST is charged on both goods and services, input credit can be availed on both goods and services
(except those which are on the exempted/negative list).
V. Input tax is not allowed for goods and services for personal use.
VI. No input tax credit shall be allowed after GST return has been filed for September following the end of the
financial year to which such invoice pertains or filing of relevant annual return, whichever is earlier.
Input Tax Credit
Online Input Tax Credit - Process
Suppose there is a seller Mr. A and he sells his goods to Mr. B. Here Mr. B i.e. the buyer will be eligible to claim the
credit on purchases based on the invoices. Let’s understand how:
Step 1: Mr. A will upload the details of all tax invoices issued in GSTR 1.
Step 2. The details with respect to sales to Mr. B will auto populate/ get reflected in GSTR 2A, the same data will be
pulled when Mr. B will file GSTR 2 (i.e. details of inward supply).
Step 3: Mr. B will then accept the details that the purchase has been made and reported by the seller correctly and
subsequently the tax on purchases will be credited to ‘Electronic Credit Ledger’ of Mr. B and he can adjust it
against future output tax liability and get the refund.
Class-6: Table of contents
GST is an indirect tax or consumption tax that is levied on the supply of goods or services or both.
To collect GST, supplies are categorized as Inter-State supplies, which mean goods coming from
one State to another, and intra-State supplies which suggest products within the State.
Inter-state supply: Supplies happening between two states is called as Inter – state supply
Example: if your company is in the state of Karnataka, supply goods to someone in another state
outside of Karnataka then it will be considered as inter-state supply. This means the transaction
will be an inter-State supply if the location of the supplier and the place of supply are in different
States.
Intra-state supply: Supplies happening within a state is called as Inter – state supply
Example: if your company supplied goods from the factory at Bengaluru (in Karnataka state) to
Mysore (in Karnataka state), then it will be considered as intra-state supply as both the places are
in Karnataka. This means supply will be an intra-State supply if the location of the supplier and the
place of supply are within the same State.
Place of Supply
GST is a destination based tax, i.e., the goods/services will be taxed at the place where they are
consumed and not at the origin.
So, the state where they are consumed will have the right to collect GST. This, in turn, makes
the concept of place of supply crucial under GST as all the provisions of GST revolves around it.
Place of supply of goods under GST defines whether the transaction will be counted as intra-
state or inter-state, and accordingly levy of SGST, CGST & IGST will be determined.
I. Movement of goods
II. No movement of goods
III. Goods supplied on a vessel/conveyance
IV. Imports & exports
Place of Supply
I. Movement of goods:
Example 1: Intra-state sales: Mr. Raj of Mumbai, Maharashtra sells 10 TV sets to Mr. Vijay of Nagpur,
Maharashtra The place of supply is Nagpur in Maharashtra. Since it is the same state CGST & SGST will be charged.
Example 2: Inter-State sales: Mr. Raj of Mumbai, Maharashtra sells 30 TV sets to Mr. Vinod of Bangalore,
Karnataka The place of supply is Bangalore in Karnataka. Since it is a different state IGST will be charged.
Example 3: E-commerce sale: Mr. Raj of Mumbai, Maharashtra orders a mobile from Amazon to be delivered to his
mother in Lucknow (UP) as a gift. M/s ABC (online seller registered in Gujarat) processes the order and sends the
mobile accordingly and Mr. Raj is billed by Amazon. Similar to example 4, it will be assumed that the buyer in
Mumbai has received the goods & IGST will be charged. Place of supply: Mumbai, Maharashtra GST: IGST
Place of Supply
Example 4: Deliver to a 3rd party as per instructions: Anand in Lucknow buys goods from Mr. Raj in Mumbai
(Maharashtra). The buyer requests the seller to send the goods to Nagpur (Maharashtra). In this case, it will be
assumed that the buyer in Lucknow has received the goods & IGST will be charged. Place of supply: Lucknow
(UP) GST: IGST
Place of Supply
Example 5- Receiver takes the goods ex-factory: Mr. Raj of Mumbai, Maharashtra gets an order of 100 TV sets from
Sales Heaven Ltd. of Chennai, Tamil Nadu. Sales Heaven mentions that it will arrange its own transportation and take TV
sets from Mr. Raj ex-factory Place of supply: Chennai, Tamil Nadu GST: IGST. Although the goods are received ex-factory
i.e. in Maharashtra by the recipient, the movement of the goods terminates for delivery to the recipient only at
Chennai, Tamil Nadu. Irrespective of whether the supplier or the recipient is actually undertaking the movement of
goods, the place of supply is the location of goods where movement of goods terminates for delivery to the recipient
which is at Chennai. Hence, IGST is applicable.
Place of Supply
Example 1- No movement of goods: Sales Heaven Ltd. (Chennai) opens a new showroom in Bangalore. It purchases a
building for showroom from ABC Realtors (Bangalore) along with pre-installed workstations Place of supply:
Bangalore GST: CGST & SGST. There is no movement of goods (work stations), so the place of supply will be the location
of such goods at the time of delivery (handing over) to the receiver. Note: There is no GST on purchase of building or
part thereof. RENT of commercial space attracts GST
Example 2- Installing goods: Strong Iron & Steel Ltd. (Jharkhand) asks M/s SAAS Constructions (West Bengal) to build a
blast furnace in their Jharkhand steel plant. Place of supply: Jharkhand GST: CGST & SGST. Although M/s SAAS is in
West Bengal, the goods (blast furnace) is being installed at site in Jharkhand which will be the place of supply.
Note: M/s SAAS will have to be registered in Jharkhand to take up this contract. They can opt to register as a casual
taxable person which will be valid for 90 days (extendable by 90 days more, on basis of a reasonable cause).
Place of Supply
Example 1 - Plane: Mr. Ajay is travelling from Mumbai to Delhi by air. He purchases coffee and snacks while on the
plane. The airlines is registered in both Mumbai and Delhi. Place of supply: Mumbai GST: CGST & SGST. The food
items were loaded into the plane at Mumbai. So, place of supply becomes Mumbai.
Example 2 - Plane - Business travel: Mr. Ajay is travelling from Mumbai to Chennai by air on behalf of his
company Ram Gopal and Sons (registered in Bangalore). In the plane he purchases lunch. The airlines is registered
in Mumbai & Chennai. Place of supply: Mumbai GST: CGST & SGST. The food items were loaded into the plane at
Mumbai. So, place of supply becomes Mumbai. It does not matter where the buyer is registered.
Example 3- Train: Mr. Vinod is travelling to Mumbai via train. The train starts at Delhi and stops at certain stations
before Mumbai. Vinod boards the train at Vadodara (Gujarat) and promptly purchases lunch on board. The lunch
had been boarded in Delhi. Place of supply: Delhi GST: CGST & UTGST. The food items were loaded into the train
at Delhi. So, place of supply becomes Delhi.
Place of Supply
Example 1 - Import: Ms. Malini imports school bags from China for her shop (registered in Mumbai) Place of supply:
Mumbai GST: IGST
Example 2 - Export: Ms. Anita (Kolkata) exports Indian perfumes to UK. Place of supply: Kolkata GST: Exempted
Class-7: Table of contents
Time of supply
Introduction
Time of Taxation (Pre/Post GST)
Forward Charge (Goods & Supply)
Reverse Charge (Goods & Supply)
Time of Supply - Introduction
For any taxation system, time of taxation or point of taxation is of crucial importance.
Point of taxation (POT) refers to the point in time when tax is required to be paid for a taxable event.
This is a mechanism which is used to determine the point in time when the tax liability will arise.
One of the major changes which has occurred between the previous indirect taxation regime and
currently in GST is, the definition of taxable event.
While earlier, the taxable event was sale / removal, currently it is supply.
Accordingly we need to revisit the time of taxation, and understand how the time of taxation under GST
pans out.
Time of Supply
Manufacturing of goods (Central Excise): Removal of the excisable goods from the excise unit
Rendering of services (Service tax): Earliest of date of receipt of payment or date of issue of invoice
Sale of goods (VAT / CST): Actual sales of goods
The time of supply provisions, which determine the point of taxation of goods and services, can be split into 2
parts:
Due Date to issue invoice: The last date on which the supplier is required to issue the invoice with respect to the
supply of goods. In case of supply of goods involving the movement goods, the invoice needs to be issued at
the time of removal. In other cases, at the time of delivery of goods to the recipient.
Receipt of payment: The date on which payment is received. The point of taxation in this case will be the earliest
of the date on which payment is accounted in the books of accounts of the recipient or the date on which
payment is credited to suppliers bank account.
Time of Supply
Note: If in any case, either of the provisions mentioned above don’t apply, the time of supply for such services shall
be the date on which the recipient shows the receipt of services in his books of account
Under the reverse charge mechanism, the recipient or buyer of goods or services has to pay tax
to the credit of the government unlike forward charge, where the supplier has to pay the tax.
This mechanism has primarily been introduced to ensure that the tax is collected on the sale of
goods or services from various unorganized sectors. This has helped the government to track and
tax those taxable goods and services which were so far not traceable.
In the previous regime the relevant taxes were applicable on goods and services under Reverse
Charge. On purchases of goods made from unregistered dealers, the recipient (registered dealer) of
goods had to pay purchase tax on reverse charge basis. Similarly, on certain notified category of
services, the recipient had to pay service tax on reverse charge basis.
The burden of tax liability under reverse charge, was applicable completely on the recipient of
service or partially on the service provider and the recipient of service, depending on the nature of
the service.
Time of Supply
Time of Supply
The liability of GST (CGST and SGST/UTGST or IGST as applicable) will arise at the earliest of the following:
Date of receipt of goods: The date on which the goods are received by the recipient
Date of payment: The date on which payment is made. The earliest of the date on which the payment is
accounted for in the books of accounts of the recipient or the date on which the payment is credited
to his bank account
30 days from date of invoice: The date immediately following 30 days from the date of issue of invoice
by the supplier
Note: If for any reason, the above dates cannot be determined, then the time of supply will be the date of
recording the supply in the books of the recipient.
Input Tax Credit – Time of Supply
The liability of GST (CGST and SGST/UTGST or IGST as applicable) will arise at the earliest
of the following
Date of payment: Earliest of date of payment entered in books of accounts or the date
on which payment is credited to the bank accounts
60 days from the date of invoice: In case payment is not made by recipient to service
provider within 60 days, the time of supply will the date immediately following the
expiry of 60 days
Note: If for any reason, the above dates cannot be determined, then the time of supply
will be the date of recording the supply in the books of the recipient.
Class-8: Table of contents
Levy of GST
Normal Dealer and Composite Dealer
GST rates notified for notified supply of various goods and services
GST rate under composition scheme
GST Tax Rates on common items (Goods)
GST Tax Rates on Services
Exemptions from GST
Services
Goods
Levy of GST
Normal Dealer: They calculate GST Payable by deducting OUTPUT GST -INPUT GST
Composition Scheme:
A scheme which is made for the benefit of small dealer, small manufacturer and small service provider by reducing
their burden of compliances. Like: Less number of returns, less maintenance of books and records as compared to
general dealer.
Businesses with annual turnover upto rupees 1 crore can opt for the composition scheme.
In calculating the total turnover all business with the same PAN is added to calculate the annual turnover under
composition scheme.
Under Composition Scheme, GST should not be collected on outward supply and supplied against Bill of Supply instead
of Tax Invoice. Since the outward supply is not taxed, input tax credit is not allowed. That is Composition dealers are
not allowed to collect tax from the recipient of supplies, and are not allowed to take Input Tax Credit.
Levy of GST
Previous Law vs GSRT: If you are registered as composition dealer in previous law i.e. VAT/Excise then also you need
to apply for Composition Scheme in GST, duly signed within 30 days from the appointed day
Normal vs Composition: If any registered person i.e. normal dealer wants to opt Composition Scheme shall
electronically file prior to the commencement of financial year.
Place of business: Any intimation for opting composition scheme for any place of business shall be deemed for all
other place of business.
Benefit: If you are supplying goods to a registered dealer then Composition Scheme is not beneficial for you as the
registered dealer is not entitled for input tax credit.
Eligibility: IGST dealer are not eligible to take the benefit of composition scheme.
Credit in ledger: If you are a normal dealer and wants to opt for composition, all credit in your ledger will lapse and
included in the cost of goods.
Non Entitlement of ITC: If you are opting for composition scheme then you are not entitled for Input Tax credit
which becomes cost of your product
Withdrawal: If any registered person wants to withdraw from the composition scheme shall, file an application,
electronically before the date of such withdrawal.
Levy of GST
• All the services related to agriculture including harvesting, cultivation, supply, packaging, warehouse, renting or
leasing of machinery, etc. are exempted from GST. However, this does not include the rearing of horses.
• Transportation of individuals via public transport, metered cabs, auto-rickshaws, metro, etc.
• Transportation of goods where the total amount of charges is less than Rs 1,500
• Services provided by RBI or any foreign diplomatic mission in India are also exempt from GST
• Certain healthcare and educational services are also exempt from GST such as mid-day meal catering services,
services provided by a Vet, clinic, or paramedics. Services by ambulances and charities are also included in the list
Class-9: Table of contents
Registration
Relevant Definitions
Persons liable for registrations (Sec.22)
Procedure for registration
In the GST Regime, businesses whose turnover exceeds Rs. 40 lakhs* (Rs 10 lakhs for NE and hill states) is
required to register as a normal taxable person. This process of registration is called GST registration.
For certain businesses, registration under GST is mandatory. (Refer Notes) If the organization carries on
business without registering under GST, it will be an offence under GST and heavy penalties will apply.
Note: *CBIC has notified the increase in threshold turnover from Rs 20 lakhs to Rs 40 lakhs. The notification
has come into effect from 1st April 2019.
Registration
Individuals registered under the Pre-GST law (i.e., Excise, VAT, Service Tax etc.)
Businesses with turnover above the threshold limit of Rs. 40 Lakhs* (Rs. 10 Lakhs for North-Eastern States, J&K,
Himachal Pradesh and Uttarakhand)
Person supplying online information and database access or retrieval services from a place outside India to a
person in India, other than a registered taxable person
Input Tax Credit
An offender not paying tax or making short payments (genuine errors) has to pay a penalty of 10% of the
tax amount due subject to a minimum of Rs.10,000.
The penalty will at 100% of the tax amount due when the offender has deliberately evaded paying taxes
Registration – Applying for GST Registration
Tax Invoice
Tax invoice is an invoice issued for taxable supply of goods & services. Tax invoice broadly contains
details like description, quantity, value of goods/service, tax charged thereon and other particulars as may
be prescribed. Tax invoice is a primary evidence for recipient to claim input tax credit of goods & service.
Note: Credit to NBC for availing this sample for education purpose
Debit and Credit Note
GST takes care of all the changes made in a transaction. It is obvious to have a free flow of credits to the
last mile in a GST environment. Hence, dealers and assesses have to follow a tough regime of uploading
and updating every single transaction that they enter into.
Since debit notes are a major change to an invoice, they have to be reported separately in the GST returns.
Debit notes are explained under section 2(38) of the GST Law.
The word debit note also includes supplementary invoice, it is issued when
a. Taxable value present in the invoice is less than the actual taxable amount (Ref Notes) or
b. Tax charged in the invoice is less than the actual tax payable (Refer Notes)
GST takes care of credit notes as well, just like debit notes. Credit notes have to be issued by a taxable person,
where there is a shortage of products supplied and for which there is no payment to be made by the purchaser.
Since it has a commercial impact, the same has to be informed or declared in GST returns in the month to which
it prevails.
The credit note has to be issued based on an original invoice already issued. The original invoice will get
reduced to the extent of such credit notes. In some cases, the original invoice value can become zero. Credit
notes are defined in section 2(37) of the GST Law.
Credit notes can be issued in the following cases: (Refer notes for example)
I. Taxable value present in the invoice is more than the actual taxable amount or
II. Tax charged in the invoice is more than actual tax payable
IV. Goods are found deficient or not as per satisfaction of the buyer
Appendix
Summing of Existing Tax Structure
Tax Invoice
The following things are to be maintained in the debit note, for proper update and reporting. Although there is
no predefined format for the same, necessary care has to be taken to mention these important details in the
debit notes.
Rule 53 states that the debit note shall contain the following particulars:
The details of debit notes have to be declared in the month following the month on which such debit note has
been raised. Debit notes can be issued anytime without any time limit.
Tax Invoice
In the above situation, the liability to pay the amount by recipient reduces and hence debit note is issued by
them and as an acknowledgment to debit note, credit note is issued by the supplier. As in the books of the
recipient, supplier account has a credit balance and by issuing the debit note credit balance will be reduced. In
other words, we can also say that recipient is reducing the liability.
Credit notes must also mention the details as noted above in case of debit notes. The particulars are the same
in this case as well. Such credit notes must be mentioned in the returns of the following month about which the
credit note has been raised. Unlike debit notes where there is no time limit for issuance, credit notes have to be
declared in earlier of the following dates:
By the 30th of September, following the year to which credit notes relate to. Let us understand the above time
limits with some examples –
Payment of Tax
Relevant definitions
Payment of Tax
Interest
Penalty and Other Amounts
Tax Payment
Current GST return filing requires that every month, once GSTR-1 is filed to report Sales:
One must file GSTR-3B to report the ITC and make necessary GST Payment.
Also if a refund is required to be claimed the same can be done by filing relevant refund related forms.
For example –
A government agency gives a road laying contract to a builder. The contract value is Rs 10 lakh.
When the government agency makes payment to the builder TDS @ 1% (which amounts to Rs 10,000) will be
deducted and balance amount will be paid.
Tax Collected at Source (TCS) – TCS is mainly for e-commerce aggregators. It means that any dealer selling
through e-commerce will receive payment after deduction of TCS @ 2%.
This provision is currently relaxed and will not be applicable to notified by the government.
Reverse Charge – The liability of payment of tax shifts from the supplier of goods and services to the
receiver.
Tax Payment
Tax Payment
TDS/TCS will be reduced from the total GST to arrive at the net payable figure. Interest & late fees (if any) will
be added to arrive at the final amount.
Also, ITC cannot be claimed on interest and late fees. Both Interest and late fees are required to be paid in
cash.
The way the calculation is to be done is different for different types of dealers –
Regular Dealer
A regular dealer is liable to pay GST on the outward supplies made and can also claim Input Tax Credit (ITC) on
the purchases made by him.
The GST payable by a regular dealer is the difference between the outward tax liability and the ITC.
Tax Payment
Composition Dealer
The GST payment for a composition dealer is comparatively simpler. A dealer who has opted for composition
scheme has to pay a fixed percentage of GST on the total outward supplies made.
GST is to be paid based on the type of business of a composition dealer.
GST payment is to be made when the GSTR 3 is filed i.e. by 20th of the next month.
Tax Payment
B. Refunds –
Usually when the GST paid is more than the GST liability a situation of claiming GST refund arises. Under
GST the process of claiming a refund is standardized to avoid confusion. The process is online and time
limits have also been set for the same.
There are many cases where refund can be claimed. Here are some of them –
Excess payment of tax is made due to mistake or omission.
• Dealer Exports (including deemed export) goods/services under claim of rebate or Refund
• ITC accumulation due to output being tax exempt or nil-rated
• Refund of tax paid on purchases made by Embassies or UN bodies
• Tax Refund for International Tourists
• Finalization of provisional assessment
Tax Payment
B. Refunds –
Mr. B’s GST liability for the month of September is Rs 50000. But due to mistake, Mr. B made a GST payment of
Rs 5 lakh.
Now Mr. B has made an excess GST payment of Rs 4.5 lakh which can be claimed as a refund by him. The time
limit for claiming the refund is 2 years from the date of payment.
B. Refunds –
The refund application has to be made in Form RFD 01 within 2 years from relevant date.
The form should also be certified by a Chartered Accountant.
Tax Payment