Preface
Under the GST regime, the goods transportation sector and passenger transportation sector continues to enjoy the same privileges and relaxations by way of exemption from getting registered, incidence of tax on reverse charge basis, concessional rate of tax, etc., which it was enjoying under the erstwhile service tax law.
In order to achieve the objective of "one nation one tax", all the check-posts across the country have been abolished and a single E-way Bill system has been brought in place for the purpose of monitoring transportation of taxable goods of value exceeding Rs. 50,000 (increased to Rs. 1 lakh for intra-State transport of goods within certain States). Initially, E-way Bill was made mandatory only for inter-State movement of goods. As of now, compliance of E-way Bill provisions is mandatory even for intra-State movement of the goods.
The present book has been originally conceived and written to provide an overview of law, practice and procedures relating to levy of GST on the Goods Transport Agency Services, services by way of transport of goods by other means, passenger transportation services, provisions relating to inspection, detention and release of goods and conveyances under sections 67, 129 and 130 of Central Goods and Services Tax Act, 2017 and the provisions relating to e-way bill.
This Book is thoughtfully divided into Six Parts, namely :
Part II--GST on Goods Transport Agencies and Transport of Goods by Other Means
Part III--GST on Passenger Transportation Services
Part IV--Detention and Confiscation of Goods and Conveyance in Transit
Part VI--GTAs from Income Tax Perspective
Part I of the Book provides an overview of GST law i.e. levy and collection of tax, levy of IGST, meaning and scope of supply, composite and mixed supply, levy of tax on Reverse Charge Basis, time of supply of services and value of taxable supply, Registration of taxpayers, Cancellation of registration and revocation thereof and furnishing of GST Returns.
Part II of the Book seeks to provide an analytical study of scheme of levy of GST on the Goods Transport Agencies (GTAs)/Goods Transport Operators (GTOs) and services by way of transport of goods by other means i.e. Transport of Goods by Road, Transport of Goods by Railways, Transport of Goods by Aircrafts and Transport of Goods by Vessels. The scheme of levy of GST on transport of Goods by Courier Agencies and Storage and Warehousing of Goods have also been discussed in separate Chapters.
Part III of the Book aims at discussing nature and scope of levy of GST on Passenger Transportation Services via four specific Chapters on Transportation of Passengers by Road, Rail, Air and Vessel.
Part IV of the Book seeks to make an overview of the provisions relating to inspection, detention and confiscation of goods and conveyance in transit. The text is enriched by the landmark judicial pronouncements rendered by various High Courts on the scope of powers of the authorities under sections 129 and 130 of the CGST Act.
Part V of Book deals with the law, practice and procedure relating to E-way Bills under GST. E-way Bill provisions attain importance in view of the fact that transportation of goods without prescribed documents (i.e., invoice/delivery challan and E-way Bill) would render the goods liable for detention and attract penalty upto 100% of the value of the goods being transported. Practical issues vis-a-vis issuance of E-way Bill, as clarified in the Frequently Asked Questions (FAQs) on E-way Bill under GST Regime, issued by the Central Board of Indirect Taxes (CBIC), have been incorporated at relevant text.
Part VI of the Book tries to discuss the specific provisions under the Income-tax law relating to goods transport agencies and goods transport operators.
Each chapter of the Book contains a detailed commentary on the related subject-matter. The object behind this is to provide the readers a complete overview of a particular topic under the GST law. The text is updated with the relevant Notifications and Circulars issued till 20th October, 2022 as and where applicable.
Notwithstanding the best of our care, the likelihood of certain shortcomings having crept into this Book cannot be ruled out. We, therefore, solicit creative feedback from our esteemed readers to bring to our notice any mistakes, errors, omissions or discrepancies, as and where noticed by them.
|
JODHPUR |
|
|
31 OCTOBER, 2022 |
CA. SATYADEV PUROHIT |