PART I -- OVERVIEW OF GST LAW |
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| 1. - Overview of GST |
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| What is Goods and Services Tax? |
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| Central taxes subsumed within GST |
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| State taxes subsumed within GST |
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| Taxes and levies not subsumed within GST |
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| Goods not chargeable to GST |
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| Structure of GST regime |
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| Taxable event is supply of goods or services or both |
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| IGST is leviable on inter-State supplies of goods or services |
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| Goods -- Meaning |
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| Actionable claim -- Meaning and scope |
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| Services -- Meaning |
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| Money is regarded neither goods nor services |
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| Money -- Definition |
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| Illustrations of transaction in money |
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| Investment of funds is a transaction in money |
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| Sale, purchase, acquisition or assignment of secured debt are transactions in money |
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| Service by way of remittance of foreign currency in India from overseas |
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| Activities not constituting transaction in money |
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| Activity relating to use of money or its conversion |
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| Making of draft or pay order by bank |
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| Debt collection services or credit control service |
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| Securities are regarded neither goods nor services |
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| Meaning of securities |
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| Implications of inclusion of ‘securities’ in definition of goods |
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| Priority Sector Lending Certificates are not securities |
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| Buying or selling of mutual funds or debentures is transaction in securities |
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| Taxability of entry and exit load charged by mutual funds |
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| Fund management activity by AMC |
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| Securities include derivatives |
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| Transactions in interest rate swaps and foreign exchange swaps |
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| Transactions in repos and reverse repos |
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| Meaning of repos |
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| Meaning of reverse repos |
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| Taxability of repos and reverse repos |
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| Subscription to or trading in Commercial Paper (CP) or Certificates of Deposit (CD) |
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| What are CPs or CDs? |
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| Taxability of subscription to or trading in CPs or CDs |
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| Service charges or service fees is taxable |
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| Forward contracts in commodities and currencies |
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| Nature of forward contracts |
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| Taxability of forward contracts |
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| Service charges or service fees are taxable |
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| Future contracts |
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| Classification of goods and services |
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| Import of goods or services |
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| Export of goods or services |
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| Services provided to SEZ developer of SEZ unit |
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| Rates of GST |
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| Input tax credit |
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| 2. -Levy and Collection of Tax |
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| Power to levy GST |
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| Legislative scheme of levy of GST |
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| Levy of Central Goods and Services Tax |
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| Rates of Central Goods and Services Tax |
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| Levy of State Goods and Services Tax |
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| Levy of Union Territory Goods and Services Tax |
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| Levy of Integrated Goods and Services Tax |
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| Taxable event under GST regime |
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| Taxability of supplies made without consideration |
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| Giving away essential commodities by a charitable institution -- Taxability |
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| Tax is payable by a taxable person |
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| Person -- Meaning |
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| Person having more than one registration -- Effect of |
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| Different establishments of a person |
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| Levy of tax on Reverse Charge Basis on certain notified services |
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| Levy of tax on reverse charge basis under section 9(4) [Position upto 31-1-2019] |
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| Levy of tax on reverse charge basis under section 9(4) [Position w.e.f. 1-2-2019] |
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| 3. -Levy of IGST |
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| Levy of tax on inter-State supply of construction services |
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| IGST is leviable on inter-State supply of goods or services |
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| No IGST leviable on supply of alcoholic liquor for human consumption |
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| Tax on supply of petroleum crude, high speed diesel to be levied at a later date |
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| Levy of tax on import of goods into India |
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| Supply of services imported into territory of India |
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| Inter-State supply |
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| Supply of goods in the course of inter-State trade or commerce |
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| Supply of goods imported into territory of India |
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| Supply of services in the course of inter-State trade or commerce |
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| Location of recipient of services |
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| Location of supplier of services |
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| Fixed establishment |
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| Inter-state movement of various modes of conveyance between distinct persons -- Taxability of |
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| Inter-State movement of rigs, tools and spares and all goods on wheels |
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| Inter-State transfer of aircraft engines, parts and accessories |
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| Supply of goods or services outside India |
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| Supply to or by SEZ developer or SEZ unit |
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| Supply in taxable territory, not being an intra-State supply |
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| Supplies in territorial waters |
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| Compulsory registration in certain cases |
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| Casual taxable persons making taxable supplies of handicraft goods |
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| Job worker engaged in making inter-State supply of services |
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| Persons making inter-State supplies of taxable services and having aggregate turnover not exceeding Rs. 20 lakh |
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| No benefit of composition levy |
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| Levy of IGST on reverse charge basis |
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| Exemption i.r.o. import of services by a SEZ unit or developer of SEZ |
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| Exemption i.r.o. services received by a person located in non-taxable territory |
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| Exemption i.r.o. import of services by United Nations |
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| Exemption i.r.o. import of services by Foreign displomatic mission |
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| 4. -Meaning and Scope of Supply |
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| Taxable event under GST |
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| Meaning and scope of supply |
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| Import of services for any purpose is regarded as supply |
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| Import of goods is not supply under GST |
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| Supplies under construction industry |
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| Taxability of self-supplies |
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| Transfer of both title and possession is necessary |
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| Supply must be in the course or furtherance of business |
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| Business -- Definition |
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| Scope of the expression ‘supply made in the course or furtherance of business’ |
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| Disposal of scrap is supply |
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| Slump sale |
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| Salary by a partnership firm to its partners |
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| Supply by a taxable person |
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| Person ceased to be a taxable person -- Consequences of |
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| Consideration -- Meaning |
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| Activities that are treated as supply even if made without consideration |
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| Permanent transfer or disposal of business asset |
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| Transfer of business as going concern is not taxable |
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| Services by way of transfer as a going concern are exempt |
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| Supply between related persons and distinct persons |
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| Related persons -- Meaning |
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| Free samples to related persons |
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| GST on fringe benefits to employees |
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| Provision of canteen facility in factories |
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| Provision of other facility fee of cost to employees |
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| Distinct person -- Meaning |
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| Services supplies by HO to branches are taxable |
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| Maintenance of liaison office in India |
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| Services supplied to own establishment out of India are exempt |
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| Supply of goods by principal to his agent and vice versa |
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| Meaning of agent and principal |
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| CBIC clarification on scope of provision |
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| Compulsory registration by agents |
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| Import of service from a related person |
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| GST on free supplies and gifts |
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| Supply of gifts is not taxable |
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| Supply of free samples is not taxable |
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| Buy one-get one free offer |
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| Gifts in cash and securities are not taxable |
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| Cases, where gifts or free supplies would be taxable |
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| Gift to an employee upto Rs. 50,000 is not regarded as supply |
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| Treatment of perquisites |
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| Deemed supply of goods of services |
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| Activities which are regarded neither supply of goods nor supply of services |
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| Activities or transactions specified in Schedule III |
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| Levy of tax on director’s remuneration |
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| Taxability of fee/penalty paid to Consumer Disputes Redressal Commission |
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| Activities which are neither supply of goods nor supply of services |
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| Services by an employee to the employer |
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| Services by an employee to employer in course of employment are not supply |
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| Gifts to an employee upto Rs. 50,000 are not taxable |
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| Perquisites supplied during employment are not taxable |
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| Sale of land and building is neither supply of goods nor service |
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| 5. -GST on Composite and Mixed Supply |
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| Concept of composite and mixed supply |
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| Composite supply -- Meaning |
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| Composite supply v. naturally bundled services |
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| Principal supply -- Meaning |
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| Two or more supplies should be taxable supplies |
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| Tax liability on a composite supply |
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| Activity of bus body building |
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| Retreading of tyres |
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| Time of supply in case of composite supply |
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| Examples of two or more supplies naturally bundled in ordinary course of business |
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| Supply of cycle part and recovery of cartage and loading charges |
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| Hotels providing rooms with facility of breakfast |
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| Hotel booked for a conference on lump sum package |
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| Hospitals supplying foods to in-patients |
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| Hospitals providing health care service and also supplying medicines |
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| Residential dwelling rented for use partly as residence and partly for non-residence purpose |
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| Services provided by freight forwarders |
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| Catering service provided together with renting of premises |
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| Services provided by boarding schools |
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| Buying new television set and getting warranty |
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| Indicators, whether services are bundled in ordinary course of business |
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| Perception of consumer or service receiver |
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| Majority of service providers providing similar bundle of services |
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| Nature of services in a bundle of services |
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| Other illustrative indicators of naturally bundled service |
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| Mixed supply -- Definition |
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| Taxability of mixed supply |
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| Time of supply in case of mixed supplies |
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| Example of elements of services not naturally bundled in ordinary course of business |
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| A package consisting of different items supplied for a single price |
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| One floor of house rented for use as residence and ground floor given for printing press |
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| Teaching of a course leading to dual qualification |
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| Storage water bottles sold along with refrigerator |
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| 6. -Place of Supply of Construction Services |
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| Significance of determination of place of supply |
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| Place of supply of goods other than supply of goods imported into, or exported from India |
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| Place of supply of goods imported into, or exported from India |
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| Place of supply of services, where location of supplier and recipient is in India |
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| Place of supply of services, generally |
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| Clinical research provided to customer located outside India |
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| Payment processing services provided to a company in US |
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| Services provided in relation to cargo handling by port authorities |
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| Services related to immovable property |
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| Examples of land-related services |
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| Criteria for determining whether a service is ‘directly in relation to’ immovable property |
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| Services not related to immovable property |
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| Examples of services not related to land |
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| Where immovable property is located or intended to be located outside India |
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| Where immovable property is located in more than one State or Union territory |
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| 7. -Time of Supply of Goods |
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| Incidence of tax is supply of goods or services or both |
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| Time of supply of goods, generally |
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| Time of issuance of invoice |
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| Date of receipt of payment by supplier |
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| No tax is leviable on receipt of advance for supply of goods |
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| Position during 13-10-2017 to 14-11-2017 |
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| Position w.e.f. 15-11-2017 |
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| Receipt of petty amount in excess of the amount indicated in tax invoice |
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| Extent of supply |
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| Provision illustrated |
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| Time of supply of goods in case of reverse charge |
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| Meaning of 'recipient of supply of goods or services or both' |
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| Date on which payment is made -- Meaning |
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| Time of supply in case of supply of vouchers |
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| Time of supply in other cases |
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| Time of supply vis-a-vis addition in value by way of interest, late fee or penalty |
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| Time of supply of goods or services in case of change in rate of tax |
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| Where goods or services are supplied before change in rate of tax |
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| Where goods or services are supplied after change in effective rate of tax |
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| 8. -Time of Supply of Construction Services |
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| Time of supply of services, generally |
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| Time of supply in case of construction contracts or works contracts |
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| Time of supply in case of receipt of petty amount in excess of amount indicated in tax invoice |
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| Time of supply in case of supply of development rights or supply of construction of complex service |
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| Position upto 31-3-2019 |
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| Position from 1-4-2019 |
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| Extent of supply |
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| Date of receipt of payment -- Meaning |
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| Provision illustrated |
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| Time of supply of services chargeable to tax on reverse charge basis |
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| Provision illustrated |
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| Where determination of time of supply is not possible |
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| Time of supply in case of supply by associated enterprises |
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| Time of supply in case of supply of vouchers |
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| Residuary rule for determination of time of supply of service |
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| Time of supply vis-a-vis addition in value of supply by way of interest, late fee or penalty |
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| Time of supply of goods or services in case of change in rate of tax |
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| Where goods or services are supplied before change in rate of tax |
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| Where goods or services are supplied after change in effective rate of tax |
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| 9. -Levy of Tax on Reverse Charge Basis |
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| Concept of reverse charge |
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| Reverse charge -- Meaning |
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| Applicability of reverse charge under different provisions |
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| Supply of goods or services notified by Government |
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| Levy of tax on reverse charge basis under section 9(4) [Position upto 31-1-2019] |
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| Scope of provision |
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| Reverse charge was not applicable in respect of exempted or non-taxable supply |
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| Reverse charge was applicable to composition taxable person also |
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| Where place of supply is another State of unregistered supplier |
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| Exemptions from levy of tax on reverse charge basis under section 9(4) |
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| Levy of tax on RCM under section 9(4) -- Exempted upto 31-1-2019 |
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| Exemption in respect of supply of services or goods received by a deductor |
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| Exemption in respect of purchase of second hand goods by certain dealers |
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| Levy of tax on reverse charge basis under section 9(4) [Position w.e.f 1-2-2019] |
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| Persons making supplies covered by RCM not required to get registered |
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| Persons not required to get registered under section 23 -- Liability to pay tax on reverse charge |
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| Input tax credit cannot be utilized for payment of tax on reverse charge basis |
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| Tax paid on reverse charge basis is available as input tax credit |
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| Recipient of goods or services is required to get registered |
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| Issuance of tax invoice by recipient of goods or services |
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| Issuance of payment voucher by recipient of goods or supply |
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| Time of supply of goods chargeable to tax on reverse charge basis |
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| Time of supply of services chargeable to tax on reverse charge basis |
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| Time of supply made by an associated enterprises located outside India |
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| Value attracting reverse charge is not included in aggregate turnover |
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| Supplies chargeable to tax on reverse charge basis are regarded as exempt supplies in the hands of supplier |
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| Exemption in respect of import of services by a SEZ unit or developer of SEZ |
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| Applicability of other provisions of CGST Act to IGST |
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| APPENDIXES |
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| Services Chargeable to Tax on Reverse Charge Basis |
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| Supply of Goods Chargeable to Tax on Reverse Charge Basis |
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| 10. -Value of Taxable Supply |
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| Tax is leviable on value |
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| Transaction value is value of taxable supply |
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| Supplier and recipient of supply must not be related |
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| Related persons -- Definition |
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| Sole agent, sole distributor or sole concessionaire is deemed to be related |
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| Family -- Defined |
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| Price must be sole consideration |
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| Deposit is not part of consideration |
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| Treatment of advance received towards supply of service |
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| Treatment of advance received towards material purchase |
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| Treatment of retention money |
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| Treatment of free supplies of goods made to unrelated person |
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| Free supply made to an unrelated person beyond contract |
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| Free supply of goods made to unrelated person as part of contract |
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| Treatment of free supplies of goods made to related person |
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| Taxability |
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| Valuation of free supply |
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| Treatment of liquidated damage |
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| Collection of one-time maintenance charges, stamp duty charges, etc. |
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| Treatment of preferential location charges |
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| Items to be included in value |
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| Taxes, duties, cesses, etc. levied under other statutes are includible |
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| Amount incurred by recipient of supply on behalf of supplier |
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| Incidental expenses incurred at the time of or before delivery of goods |
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| GST on freight in case of FOR supply |
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| Interest, late fee or penalty for delayed payments |
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| Subsidies directly linked to price |
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| Treatment of discount |
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| Statutory provisions |
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| Treatment of ‘buy more, save more’ offers (Staggered discount) |
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| Treatment of secondary discounts |
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| Post-sale discount allowed without any further obligation at dealer’s end |
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| Treatment of packing material |
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| Freight and transportation charges recovered separately -- Taxability |
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| Summary of taxability and otherwise of various charges |
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| Determination of value as per CGST Rules |
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| Determination of value where consideration is not wholly in money |
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| Open market value -- Meaning |
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| Supply of goods or services or both of like kind and quality -- Meaning |
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| Supply of goods or services or both between distinct or related persons |
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| Where goods are intended for further supply |
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| Where recipient is eligible for full input tax credit |
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| Distinct persons |
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| Person having obtained more than one registration |
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| Person having establishment in another State or Union territory |
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| Where value of supply is inclusive of tax |
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| Value of supply of goods made or received through an agent |
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| Agent -- Defined |
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| Principal -- Defined |
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| Provision illustrated |
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| Where value of supply of goods is not determinable as per rule 29(a) |
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| Value of supply of goods or services or both based on cost |
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| Residual method for determination of value |
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| Nil value for notified taxable services |
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| Determination of value of supply of service in case of pure agent |
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| Expenditure or costs incurred as a pure agent not includible in taxable value |
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| Meaning of pure agent |
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| Rate of exchange for determination of value |
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| Where value of supply is inclusive of tax |
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| 11. -Tax Deduction at Source |
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| Persons required to deduct tax at source |
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| Date from which tax is required to be deducted |
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| Threshold amount after which tax is required to be deducted |
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| Taxes are not included in value |
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| Practical Questions and Answers on value as per FAQs on GST |
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| Rate of tax deduction at source |
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| Cases, where no tax is required to be deducted at source |
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| Supply received from any unregistered person -- Liability to pay tax on RCM |
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| Compulsory registration by persons required to deduct tax at source |
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| Payment of tax deducted at source |
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| Return of tax deduction at source |
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| Late fee for failure to furnish TDS Return |
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| Certificate of tax deduction at source |
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| Late fee for failure to furnish certificate of tax deducted at source |
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| Credit of tax deducted at source |
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| Payment of interest |
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| Determination of amount in default |
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| Refund of tax deducted at source |
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| Penalty for failure to deduct or deposit tax deducted at source |
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| Sale made under old law and invoice issued before appointed day -- Effect of |
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| APPENDIX |
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| Annexure ‘A’ |
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| FAQS on Tax Deduction at Source |
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| Mr. Z, a supplier in West Bengal has issued a Tax Invoice of Rs. 11,800 for supply of goods/services or both worth Rs. 10,000 and GST of Rs. 1,800 to Mr. A of ABC office in West Bengal. What is t |
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| Can the deductee take action on the TDS credit declared by me? |
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| Is Offline utility mobile compatible? |
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| Can I enter negative or decimal amounts in the offline utility? |
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| Is the signature of Tax Deductor required in TDS Certificate? |
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| Guidelines for Deductions and Deposits of TDS by the DDO under GST |
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| Option I -- Individual Bill-wise Deduction and its Deposit by the DDO |
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| Option II -- Bunching of deductions and its deposit by the DDO |
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| Annexure A |
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| 12. -Special Composition Scheme |
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| What is special composition scheme? |
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| Meaning of ‘first supplies of goods or services or both’ |
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| Interest or discount is not included in aggregate turnover |
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| Persons eligible to opt for Special Composition Scheme |
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| All registered persons having same PAN are required to pay tax at the rate of 6% |
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| Tax at the rate of 6% shall be paid on all outward supplies |
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| Payment of tax on reverse charge basis |
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| Taxpayer is not entitled to collect tax |
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| For whome the scheme is beneficial |
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| Procedure for registration |
154
| >> |
| Taxpayer is required to issued bill of supply |
155
| >> |
| Furnishing of quarterly statement in Form GST CMP-8 |
155
| >> |
| Furnishing of annual return |
155
| >> |
| Taxpayer ceasing to avail benefit of Scheme -- Consequences of |
155
| >> |
PART II -- GST ON CONSTRUCTION SERVICES, WORKS CONTRACT, DEVELOPERS, PROMOTERS AND REAL ESTATE RELATED SERVICES |
156
| >> |
| 13. -General Construction Services |
157
| >> |
| Levy of GST on construction services |
157
| >> |
| Taxable event |
157
| >> |
| Meaning of supply |
157
| >> |
| Activities or transactions specified in Schedule II and nature of their supply |
157
| >> |
| Construction -- Defined |
158
| >> |
| Classification of construction services |
158
| >> |
| Rate of tax in case of general construction services |
162
| >> |
| Construction of residential colony for employees of Airport Authority |
162
| >> |
| Sub-contractors are eligible for concessional rate of tax w.e.f. 25-1-2018 |
162
| >> |
| Services provided for carrying out retrofitting work |
163
| >> |
| Erection/Commissoning of lifts and elevators |
163
| >> |
| Pure labour contracts of construction under House for All (Urban) Mission are exempt |
163
| >> |
| Nature of exemption |
163
| >> |
| Original works -- Defined |
164
| >> |
| Value of taxable supply |
164
| >> |
| Place of supply of construction service where location of supplier and location of recipeint is in India |
165
| >> |
| General provisions for determination of place of supply |
165
| >> |
| Where immovable property is located outside India |
165
| >> |
| Where immovable proerty is located in more than one State or UT |
165
| >> |
| Place of supply of construction service where location of supplier or location of recipeint is outside India |
165
| >> |
| General provisions vis-a-vis determination of place of supply |
165
| >> |
| Where services are supplied at more than one location |
166
| >> |
| Where services are supplied in more than one State or Union territory |
166
| >> |
| Export of construction services -- Taxability |
166
| >> |
| Allowability of input tax credit in respect of goods or services used for construction of an immovable property |
167
| >> |
| Construction -- Meaning |
167
| >> |
| Plant and machinery -- Meaning |
167
| >> |
| 14. -GST on Construction of Residential Houses |
168
| >> |
| Levy of GST on construction services |
168
| >> |
| Taxable event |
168
| >> |
| Meaning of supply |
168
| >> |
| Activities or transactions specified in Schedule II and nature of their supply |
168
| >> |
| Classification of construction services |
169
| >> |
| Rate of tax in respect of works contract pertaining to single residential unit or low cost houses |
172
| >> |
| Services covered by item 3(v) |
172
| >> |
| Meaning of single residential unit |
173
| >> |
| Rate of tax in case of plumbing, carpentering, etc. |
173
| >> |
| Construction of AAI residential colony -- Rate of tax |
174
| >> |
| Pure labour services provided under Housing for All Mission/PMAY are exempt |
174
| >> |
| Pure labour services provided in respect of single residential house are exempt |
175
| >> |
| Nature of exemption |
175
| >> |
| Residential complex -- Meaning |
175
| >> |
| Single residential unit -- Meaning |
175
| >> |
| Construction of two floor house can be treated as two residential units |
175
| >> |
| Value of taxable supply |
176
| >> |
| Place of supply of construction service where location of supplier and location of recipeint is in India |
177
| >> |
| General provisions for determination of place of supply |
177
| >> |
| Where immovable property is located outside India |
177
| >> |
| Where immovable proerty is located in more than one State or UT |
177
| >> |
| Place of supply of construction service where location of supplier or location of recipeint is outside India |
177
| >> |
| General provisions vis-a-vis determination of place of supply |
177
| >> |
| Where services are supplied at more than one location |
178
| >> |
| Where services are supplied in more than one State or Union territory |
178
| >> |
| Export of construction services -- Taxability |
178
| >> |
| Allowability of input tax credit in respect of goods or services used for construction of an immovable property |
179
| >> |
| Construction -- Meaning |
179
| >> |
| Plant and machinery -- Meaning |
179
| >> |
| 15. -Construction of Residential or Commercial Apartments |
180
| >> |
| Levy of GST on construction services provided in a Real Estate Project |
180
| >> |
| Real Estate Project -- Meaning |
180
| >> |
| Development works -- Meaning |
181
| >> |
| Residential Real State Project -- Meaning |
181
| >> |
| Affordable Residential Apartment -- Meaning |
181
| >> |
| Apartment booked on or before the 31st March, 2019 |
182
| >> |
| Apartment |
183
| >> |
| Project |
183
| >> |
| Promoter |
183
| >> |
| Ongoing project |
184
| >> |
| Commencement certificate |
185
| >> |
| Partial completion/Occupancy certificate is not completion certficate |
185
| >> |
| Commencement certificate for one part is sufficient |
185
| >> |
| Where no apartment was booked before 31-3-2019 |
186
| >> |
| Competent authority |
186
| >> |
| Carpet Area |
186
| >> |
| Real Estate Regulatory Authority |
186
| >> |
| Project which commences after 1-4-2019 |
187
| >> |
| Residential Apartment |
187
| >> |
| Commercial aprtment |
187
| >> |
| Floor Space Index |
187
| >> |
| Taxable event |
187
| >> |
| Meaning of supply |
188
| >> |
| Activities or transactions specified in Schedule II and nature of their supply |
188
| >> |
| Construction of complex, building, civil structure |
189
| >> |
| Construction -- Defined |
189
| >> |
| Competent authority -- Defined |
189
| >> |
| Issuance of completion certificate versus first occupation |
189
| >> |
| No amount received by assessee before issuance of completion certificate -- Taxability |
190
| >> |
| Classification of construction services |
190
| >> |
| Comparative chart of rate of tax on construction of residential apartments |
193
| >> |
| New project commencing on or after 1-4-2019 |
193
| >> |
| Ongoing projects in respect of which option to pay tax at old rates is not exercised till 20-5-2019 |
193
| >> |
| Ongoing projects in respect of which option to pay tax at old rates is exercised till 20-5-2019 |
194
| >> |
| Different options can be exercised for different projects |
194
| >> |
| Rate of tax in case of construction of affordable residential apartments by a promoter in a RREP |
195
| >> |
| Notified rate of tax |
195
| >> |
| Effective rate of tax |
195
| >> |
| Conditions to be satisfied |
196
| >> |
| Rate of tax in case of construction of residential apartments other than affordable residential apartment in an RREP |
196
| >> |
| Notified rate of tax |
196
| >> |
| Effective rate of tax |
196
| >> |
| Conditions to be satisfied |
197
| >> |
| Rate of tax in case of construction of commercial apartments in an RREP |
197
| >> |
| Notified rate of tax |
197
| >> |
| Effective rate of tax |
197
| >> |
| Conditions to be satisfied |
198
| >> |
| Rate of tax in case of construction of affordable residential apartments in a REP |
198
| >> |
| Notified rate of tax |
198
| >> |
| Effective of tax |
198
| >> |
| Conditions to be satisfied |
198
| >> |
| Rate of tax in case of construction of residential apartments other than affordable residential apartments by a promoter in a REP other than RREP which commences on or after 1-4-2019 or in an ongoing REP other than RREP |
199
| >> |
| Notified rate of tax |
199
| >> |
| Effective rate of tax |
199
| >> |
| Conditions to be satisfied |
200
| >> |
| Conditions to be satisfied |
200
| >> |
| Tax is payable in cash |
200
| >> |
| Credit of input tax charged on goods and services can be taken in prescribed manner |
200
| >> |
| Payment of input tax credit attributable to construction in a project |
200
| >> |
| Payment of tax on transfer of development right or Floor Space Index by landowner–promoter |
200
| >> |
| 80% of input and input services to be purchased from registered supplier only |
201
| >> |
| Deemed purchase from registered person |
201
| >> |
| Payment of tax at the rate of 18% on short fall |
201
| >> |
| Payment of tax on reverse charge basis on receipt of cement from unregistered person |
201
| >> |
| Maintenance of project wise account of inward supplies |
202
| >> |
| Tax on cement to be paid in the month in which cement is received |
202
| >> |
| Input Tax Credit not availed to be reported as ineligible |
202
| >> |
| Rate of tax in case of construction of apartments in an ongoing project under any of the schemes |
202
| >> |
| Notified rate of tax |
202
| >> |
| Effective rate of tax |
202
| >> |
| Conditions to be satisfied |
203
| >> |
| One time option to be exercised by 20-5-2019 |
203
| >> |
| Deemed exercise of option |
203
| >> |
| Issuance of invoices for supply of service |
203
| >> |
| Practical Queries and Replies as per FAQs on Real Estate Sector |
203
| >> |
| Rate of tax in case of construction of complex, building, civil structure, commercial apartments by a promoter in an REP other than RREP and residential apartments in an ongoing project |
204
| >> |
| Notified rate of tax |
204
| >> |
| Effective rate of tax |
205
| >> |
| Place of supply of construction service where location of supplier and location of recipeint is in India |
205
| >> |
| General provisions for determination of place of supply |
205
| >> |
| Where location of immovable property is located outside India |
206
| >> |
| Where immovable proerty is located in more than one State or UT |
206
| >> |
| Place of supply of construction service where location of supplier or location of recipeint is outside India |
206
| >> |
| General provisions vis-a-vis determination of place of supply |
206
| >> |
| Where services are supplied at more than one location |
206
| >> |
| Where services are supplied in more than one State or Union territory |
206
| >> |
| Time of supply of service |
207
| >> |
| Class of registered persons |
207
| >> |
| Types of consideration covered |
207
| >> |
| Time of supply |
208
| >> |
| Payment of tax on reverse charge basis |
208
| >> |
| Time of supply in case of different situations -- Explained |
208
| >> |
| Time of supply in case of transfer of TDR |
208
| >> |
| Time of supply in case of FSI (including additional FSI) |
208
| >> |
| Time of supply in case of supply of long term lease |
208
| >> |
| Practical illustrations from FAQs on Real Estate Sector |
209
| >> |
| Liability to pay tax on reverse charge basis under section 9(3) |
210
| >> |
| Services by way of transfer of development rights or Floor Space Index (FSI) |
210
| >> |
| Services by way of long term lease of land |
210
| >> |
| Liability to pay tax on reverse charge basis under section 9(4) |
210
| >> |
| Supply of goods and services or both constituting shortfall from the minimum value of goods or services or both |
210
| >> |
| Supply of cement by unregistered person to promoter |
211
| >> |
| Supply of capital goods by an unregistered person to a promoter |
211
| >> |
| Rate of tax |
211
| >> |
| APPENDIXES |
212
| >> |
| Notification No. 11/2017-Central Tax (Rate), dt. 28-6-2019 |
212
| >> |
| Annexure I to Notification No. 11/2017-Central Tax (Rate), dt. 28-6-2017 |
218
| >> |
| Annexure II to Notification No. 11/2017-Central Tax (Rate), dt. 28-6-2017 |
225
| >> |
| 16. -Works Contract Service |
232
| >> |
| Levy of tax on works contract service |
232
| >> |
| Taxation of composite supply under GST |
232
| >> |
| Works contract -- Meaning |
232
| >> |
| Meaning of immovable property |
233
| >> |
| Machine attached to earth for wobble free operation |
234
| >> |
| Asphalt Drum Mix Plant attached to earth to prevent vibration |
234
| >> |
| Components/parts fixed to earth for its beneficial enjoyment |
234
| >> |
| Machinery attached to earth by bolts |
234
| >> |
| Cinema projector and diesel oil engine fixed on earth |
234
| >> |
| Transfer of property in goods |
235
| >> |
| Meaning of transfer of property in goods |
235
| >> |
| Chemical used in cleaning boilers |
235
| >> |
| Explosives used in job of blasting |
235
| >> |
| Tax would be levied on entire composite price |
235
| >> |
| Installation and commissioning of elevators and lifts |
236
| >> |
| Contract for fabrication, supply and erection of rolling shutters at customer’s site |
237
| >> |
| Contract for providing and fixing windows |
238
| >> |
| Fabrication and installation of electrode plant at customer’s site |
238
| >> |
| Erection, commissioning and installation of generator sets |
239
| >> |
| Contract for repair or maintenance of motor vehicle is not a works contract |
240
| >> |
| Contract for construction of pipeline or conduit |
240
| >> |
| Erection, commissioning or installation of plant, machinery and equipments |
240
| >> |
| Contract for painting of a building, repair of a building, renovation, etc. |
240
| >> |
| Supply of goods or material is necessary |
240
| >> |
| Laying of underground pipeline network |
241
| >> |
| Erection, procurement and commissioning of solar power plant |
241
| >> |
| Supply and installation of car parking system |
241
| >> |
| Supply, design, installation, commissioning of RO plant |
241
| >> |
| Annual Maintenance Contract |
241
| >> |
| Pure labour contract is not a works contract |
242
| >> |
| Classification of service |
242
| >> |
| Rate of tax in case of services supplied to Government, local authority, etc. |
242
| >> |
| Services covered under Sl. No. 3(iii) |
242
| >> |
| Meaning of governmental authority |
243
| >> |
| Meaning of government entity |
244
| >> |
| Where services are supplied to a government entity |
244
| >> |
| Construction servcies related to sewerage project |
244
| >> |
| Construction of IIT Camplus at Bhubneswar |
244
| >> |
| Erection, Commissioning and installation of waste-water treatment plant |
244
| >> |
| Rate of tax in respect of construction of road, bridge, tunnel, etc. |
245
| >> |
| Services covered by item 3(iv) |
245
| >> |
| Meaning of original works |
247
| >> |
| Rate of tax in respect of construction of original works pertaining to railways, single residential unit, low-cost houses, etc. |
247
| >> |
| Services covered by Sl. No. 3(v) |
247
| >> |
| Meaning of single residential unit |
249
| >> |
| Construction of railway siding |
249
| >> |
| Rate of tax in case of construction of affordable residential apartments [Sl. No. 3(va)] |
249
| >> |
| Rate of tax in case of works contract services provided to Government, local authority, etc. |
251
| >> |
| Services covered by S. No. 3(vi) |
251
| >> |
| Concessional rate, where services are supplied to a government entity |
253
| >> |
| Scope of term ‘business’ |
253
| >> |
| Services provided by a sub-contractor are also eligible for concessional rate |
253
| >> |
| Services provided to Jaipur Development Authority are covered |
254
| >> |
| Construction of residential quarters for MPPGCL |
254
| >> |
| Construction of fish market for Panchayat |
254
| >> |
| Supply of goods and services for work entrusted to IIT |
254
| >> |
| Construction of ropway is not eligible for concessional rate of tax |
254
| >> |
| Rate of tax in case of earth work |
255
| >> |
| Services covered by S. No. 3(vii) |
255
| >> |
| Where services are supplies to a Government Entity |
255
| >> |
| Sub-contractor is also eligible for concessional rate of tax |
256
| >> |
| Rate of tax in case of services relating to oil and gas exploration and production 3(viii)] |
256
| >> |
| Rate of tax in case of services provided by a sub-contractor to main contractor providing services specified in item (iii) or item (vi) to Government, local authority, etc. |
256
| >> |
| Rate of tax in case of services provided by a sub-contractor to the main contractor providing services specified in item (vii) to Government, local authority, etc. |
257
| >> |
| Rate of tax in case of plumbing, carpentering, etc. |
258
| >> |
| Value of supply in case of transfer of land or undivided share of land |
259
| >> |
| Value shall be total amount charged minus value of transfer of land |
259
| >> |
| Meaning of total amount |
259
| >> |
| Meaning of specified services |
259
| >> |
| Exemption i.r.o. services provided to Government |
260
| >> |
| Exemption i.r.o. composite supply of goods and services in which value of supply of goods constitutes not more than 25% of the value |
260
| >> |
| Exemption i.r.o. services under Housing for All Mission or PMAY |
260
| >> |
| Exemption i.r.o. pure labour contracts for construction of single residential unit |
260
| >> |
| Nature of exemption |
260
| >> |
| Meaning of single residential unit |
261
| >> |
| Meaning of original works |
261
| >> |
| Specific records required to be maintained by any person executing works contract |
261
| >> |
| Place of supply of works contract service where location of supplier and location of recipeint is in India |
261
| >> |
| General provisions for determination of place of supply |
261
| >> |
| Where location of immovable property is located outside India |
262
| >> |
| Where immovable proerty is located in more than one State or Union Territory |
262
| >> |
| Place of supply of works contract service where location of supplier or location of recipeint is outside India |
262
| >> |
| General provisions vis-a-vis determination of place of supply |
262
| >> |
| Where services are supplied at more than one location |
262
| >> |
| Where services are supplied in more than one State or Union territory |
262
| >> |
| Allowability of input tax credit in respect of works contract service |
263
| >> |
| Orissa High Court decsion in Safari Retreats' case |
263
| >> |
| 17. -GST on Land Development Agreements |
265
| >> |
| Transfer of development rights by land owner to builder |
265
| >> |
| Transfer of development rights |
265
| >> |
| Reverse charge on services by way of transfer of development rights or Floor Space Index (FSI) |
266
| >> |
| Transfer of Transferrable Development Rights |
266
| >> |
| Levy of GST on transfer of right in goods or right to use goods |
267
| >> |
| Classification of service |
267
| >> |
| Rates of tax in case of transfer of development rights, FSI and long-term lease |
267
| >> |
| Long-term lease is supply |
268
| >> |
| Long-term lease of land is supply |
268
| >> |
| Reverse charge on services by way of long term lease of land |
269
| >> |
| Upfront amount for long-term lease of industrial plots is exempt |
269
| >> |
| Position upto 12-10-2017 |
269
| >> |
| Position w.e.f. 13-10-2017 |
269
| >> |
| Ancillary services are not exempt |
269
| >> |
| Supply of service by a Government controlled Association |
270
| >> |
| Exemption in respect of transfer of TDR or FSI for residential apartment |
270
| >> |
| Nature of exemption |
270
| >> |
| Calculation of exemption |
270
| >> |
| Conditions |
270
| >> |
| Value of supply of service by way of transfer of development rights or FSI |
271
| >> |
| Value of portion of residential or commercial apartment remaining un-booked |
271
| >> |
| Specified term -- Defined |
271
| >> |
| Exemption i.r.o. upfront amount payable in respect of service by way of granting of long-term lease for construction of residential apartment |
272
| >> |
| Nature of exemption |
272
| >> |
| Calculation of exemption |
273
| >> |
| Levy of tax on reverse charge basis in respect of un-booked apartments |
273
| >> |
| Rate of tax |
273
| >> |
| Time of supply of service |
273
| >> |
| Illustration |
274
| >> |
| Value of supply in case of transfer of development rights |
274
| >> |
| Supply of flats/shops/commercial units free of cost by builder/ developer to land owner -- Taxability of |
275
| >> |
| Clarification by para 6.2.1 of Education Guide |
275
| >> |
| Clarification by Circular No. 151/2/2012-ST, dt. 10-2-2012 |
275
| >> |
| Redevelopment of existing building |
276
| >> |
| Taxability in case of investment model |
278
| >> |
| Conversion of existing building for different use |
279
| >> |
| Joint development by land owner and builder/developer |
279
| >> |
| Land owner selling flats received in collaborative agreement |
279
| >> |
| Receipt of fixed deposit by builder from prospective buyer |
280
| >> |
| Transfer of interest in flat by buyer before completion of construction |
280
| >> |
| Tax on subsequent supply of constructed apartments by developer-promoter |
280
| >> |
| Time of supply of service |
281
| >> |
| Classes of registered persons |
281
| >> |
| Types of consideration covered |
282
| >> |
| Time of supply |
282
| >> |
| Payment of tax on reverse charge basis |
282
| >> |
| Time of supply in case of transfer of development rights |
282
| >> |
| Time of supply in case of transfer of Floor Space Index (FSI) |
282
| >> |
| Time of supply in case of supply of long term lease |
283
| >> |
| Place of supply of transfer of right in or right to use goods |
283
| >> |
| APPENDIX |
283
| >> |
| FAQs on Real Estate Sector (Part First) (Relevant Extracts) |
283
| >> |
| FAQs on Real Estate Sector (Part Second) (Relevant Extracts) |
287
| >> |
| 18. -Renting of Immovable Property Service |
289
| >> |
| Levy of tax on renting of immovable property service |
289
| >> |
| Classification of service |
289
| >> |
| Rate of tax |
290
| >> |
| Renting -- Meaning |
290
| >> |
| Transfer of tenancy rights is chargeable to tax |
291
| >> |
| Immovable property -- Meaning |
291
| >> |
| Machinery embedded to earth |
291
| >> |
| Machinery fixed to earth only for beneficial enjoyment or efficiency is not immovable property |
292
| >> |
| Supply of land or undivided share of land as part of composite supply of flats |
292
| >> |
| Exemption i.r.o. renting or leasing of vacant land relating to agriculture |
292
| >> |
| Nature of exemption |
292
| >> |
| Meaning of agricultural produce |
293
| >> |
| Rubber, tea or coffee are agricultural produce |
293
| >> |
| Cereals, pulses, copra and jaggery are not agricultural produce |
293
| >> |
| Potato chips or tomato ketchup are not agricultural produce |
293
| >> |
| Exemption i.r.o. renting of residential dwelling for use as residence |
293
| >> |
| Residential dwelling -- Meaning |
293
| >> |
| Scope of entry -- CBEC clarification |
294
| >> |
| Renting of residential dwelling partly as residence and partly for non-residential purpose |
294
| >> |
| Services provided by boarding schools |
294
| >> |
| Exemption i.r.o. renting of precincts of religious place |
295
| >> |
| Nature of exemption |
295
| >> |
| General public -- Meaning |
295
| >> |
| Scope of term ‘precincts’ |
295
| >> |
| Exemption i.r.o. amount received by State Government Industrial Development Corporations |
295
| >> |
| Position upto 12-10-2017 |
295
| >> |
| Position w.e.f. 13-10-2017 |
296
| >> |
| Reverse charge on renting services provided by Central Government or State Government |
296
| >> |
| Specific renting activities -- Taxability |
296
| >> |
| Notional interest on interest-free security deposit received by property owner is not includible in value |
297
| >> |
| Security deposit received at the time of execution of agreement is includible in value |
297
| >> |
| Place of supply of renting of immovable property service |
297
| >> |
| General provisions for determination of place of supply |
297
| >> |
| Where immovable property is located outside India |
298
| >> |
| Where immovable proerty is located in more than one State or UT |
298
| >> |
| Place of supply of renting service where location of supplier or location of recipeint is outside India |
298
| >> |
| General provisions vis-a-vis determination of place of supply |
298
| >> |
| Where services are supplied at more than one location |
298
| >> |
| Where services are supplied in more than one State or Union territory |
298
| >> |
| No input tax credit allowable in respect of goods or services used for construction of immovable property |
299
| >> |
| Input tax credit is allowable in respect of brokerage services |
299
| >> |
| 19. -GST on Construction Services or Works Contract Services Supplied to Government or Local Authority |
300
| >> |
| Levy of tax on services provided by or to Government or local authority |
300
| >> |
| Classification of government related services |
301
| >> |
| Government -- Meaning |
302
| >> |
| State Government -- Meaning |
302
| >> |
| Governmental authority -- Meaning |
303
| >> |
| Functions entrusted to a Panchayat under Article 243G |
303
| >> |
| Functions entrusted to a Municipality under Article 243W |
304
| >> |
| IIT is Government Authority |
306
| >> |
| Amount paid to Municipal Authorities for restoration of road is taxable |
306
| >> |
| GSRDC is a Government Authority |
306
| >> |
| Government entity |
306
| >> |
| Government entity -- Meaning |
306
| >> |
| Entities held as Government entity |
306
| >> |
| Local authority -- Meaning |
307
| >> |
| All local bodies constituted under State or Central Law are not local authorities |
307
| >> |
| Statutory body, corporation or an authority constituted under an Act passed by Parliament is neither Government nor a local authority |
308
| >> |
| NOIDA is not local authority |
308
| >> |
| Government company is not ‘Government’ |
308
| >> |
| Activities or transactions undertaken by Government are not regarded as supply |
308
| >> |
| Concessional rate of tax in respect of certain works contract services provided to Government |
309
| >> |
| Concessional rate of tax in case of services provided to Railways, monorail and metro |
310
| >> |
| Concessional rate of tax in case of works contract services provided to Government, local authorities, etc. |
310
| >> |
| Rate of tax on works contract involving predominantly earth work |
311
| >> |
| Exemption i.r.o. function entrusted to a Panchayat or Municipality |
311
| >> |
| Nature of exemption |
311
| >> |
| Services not covered by exemption |
311
| >> |
| Function entrusted to Panchayat/Municipality -- Scope of |
312
| >> |
| Cleaning services supplied to Railways are not exempt |
312
| >> |
| Service of maintenance of park provided to Government |
312
| >> |
| Project development and management consultancy services |
312
| >> |
| Third party inspection and procurement of equipment |
313
| >> |
| Security support services provided to municipal corporation |
313
| >> |
| Sweeping service provided to Government Department |
313
| >> |
| Landscaping and gardening work provided to Nagarsabha and MNP |
313
| >> |
| Quality material test and Geophysical survey |
314
| >> |
| Exemption i.r.o. composite supply of goods (upto 25%) and services |
314
| >> |
| Exemption i.r.o. services relating to function entrusted to Municipality |
314
| >> |
| Exemption i.r.o. services relating to any function entrusted to Panchayat |
315
| >> |
| Exemption i.r.o. services by Government or local authority |
315
| >> |
| Nature of exemption |
315
| >> |
| Services excluded from purview of exemption |
315
| >> |
| General insurance services provided by State Government to its employees |
316
| >> |
| Services provided by Government ITIs are exempt |
316
| >> |
| Exemption i.r.o. services provided to small business entities |
316
| >> |
| Exemption i.r.o. services provided by Government or local authority to another Government or local authority |
317
| >> |
| Exemption i.r.o. supply of service by a Government Entity |
317
| >> |
| Exemption i.r.o. services received from a provider of service located in a non-taxable territory |
318
| >> |
| Exemption i.r.o. amount received by State Government Industrial Development Corporations |
318
| >> |
| Position upto 12-10-2017 |
318
| >> |
| Position w.e.f. 13-10-2017 |
318
| >> |
| Exemption i.r.o. services by way of registration, testing calibration, etc. |
319
| >> |
| Exemption i.r.o. tolerating non-performance of a contract |
320
| >> |
| Exemption i.r.o. assignment of right to use natural resources |
320
| >> |
| Exemption i.r.o. assignment of right to use natural resource |
320
| >> |
| Exemption i.r.o. services supplied to Excess Royalty Collection Contractor |
320
| >> |
| Nature of exemption |
320
| >> |
| Condition to be satisfied |
320
| >> |
| Mining lease holder -- Meaning |
321
| >> |
| Reverse charge on services provided by Government to a business entity |
321
| >> |
| Nature of services covered under reverse charge |
321
| >> |
| Business entity -- Meaning |
321
| >> |
| Services provided in terms of sovereign rights are not taxable |
321
| >> |
| Exemption in respect of services provided to small business entities |
322
| >> |
| Exceptions |
322
| >> |
| Renting of immovable property -- Meaning |
322
| >> |
| Reverse charge on renting of immovable property by Government to a registered person |
322
| >> |
| Reverse charge i.r.o. supply of used vehicles, seized goods, etc. by Government departments |
323
| >> |
| 20. -Taxation of On-going Contracts and Transtional Provisions |
324
| >> |
| Background |
324
| >> |
| Goods or services supplies after appointed date |
324
| >> |
| Where tax was leviable on goods under VAT Act |
325
| >> |
| Where service tax was leviable on services |
325
| >> |
| Where tax paid on any supply both under VAT Act and Service Tax Provisions |
325
| >> |
| Recovery of tax, interest, fine or penalty under existing law |
326
| >> |
| Treatment of refund arising under existing law |
326
| >> |
| TDS deducted under VAT -- No more deduction under GST |
326
| >> |
| Sale consideration received before appointed date |
326
| >> |
PART III -- INPUT TAX CREDIT AND CONSTRUCTION INDUSTRY |
327
| >> |
| 21. -Input Tax Credit |
328
| >> |
| Allowability of input tax credit to supplier of construction services |
328
| >> |
| Important terms -- Defined |
328
| >> |
| Input tax |
328
| >> |
| Input tax credit |
329
| >> |
| Input |
329
| >> |
| Input service |
330
| >> |
| Capital goods |
330
| >> |
| Conditions for taking input tax credit |
330
| >> |
| Receipt of goods |
331
| >> |
| Goods received in lots or instalments |
331
| >> |
| Conditions beyond control of recipient of supply |
332
| >> |
| Failure to pay value of supply and tax within 180 days -- Consequences of |
333
| >> |
| Availing of input tax by recipient |
333
| >> |
| No ITC allowable where demand has been confirmed on account of fraud, etc. |
333
| >> |
| Cross utilization of ITC between two firms located in another state not allowable |
333
| >> |
| Where goods are delivered to a person other than taxable person |
333
| >> |
| Services provided by supplier on direction of other person |
334
| >> |
| Restriction on taking input tax credit by a non-resident |
334
| >> |
| Restriction on availment of ITC not declared by supplier in GSTR-1 |
334
| >> |
| Statutory provisions |
334
| >> |
| ITC not covered by restriction under rule 36(4) |
334
| >> |
| Cummulative application of rule 36(4) |
335
| >> |
| CBIC clarification |
335
| >> |
| Restriction on use of amount available in electronic credit ledger |
335
| >> |
| Goods or services not eligible for input tax credit [Position upto 31-1-2019] |
336
| >> |
| Goods or services not eligible for input tax credit [Position w.e.f. 1-2-2019] |
338
| >> |
| Input tax credit on motor vehicles and other conveyances [Position upto 31-1-2019] |
341
| >> |
| Restriction from taking input tax credit |
341
| >> |
| Meaning of motor vehicle |
342
| >> |
| Input tax credit on general insurance, servicing and repairs |
342
| >> |
| Provision illustrated |
342
| >> |
| ITC is allowable on tippers and dumpers |
343
| >> |
| Excavators and road rollers are motor vehicles |
343
| >> |
| Excavator moving on chain |
343
| >> |
| Motor car purchased for demo purpose |
343
| >> |
| Input tax credit on motor vehicles [Position w.e.f. 1-2-2019] |
343
| >> |
| Restriction on taking input tax credit |
343
| >> |
| Motor vehicles eligible for input tax credit |
343
| >> |
| Input tax credit on general insurance, servicing and repairs |
344
| >> |
| Input tax credit on vessels and aircraft |
344
| >> |
| Input tax credit on construction service |
344
| >> |
| Restriction on taking input tax credit |
344
| >> |
| When input tax credit is allowable |
344
| >> |
| Construction -- Meaning |
344
| >> |
| Plant and machinery -- Meaning |
345
| >> |
| Input tax credit on works contract service |
345
| >> |
| Restriction on taking input tax credit |
345
| >> |
| When input tax credit is allowable |
346
| >> |
| No ITC allowable i.r.o. goods disposed of by way of gifts or free samples |
346
| >> |
| Input tax credit in respect of 'buy one, get one free' offer |
346
| >> |
| Input tax credit in respect of discounts including 'buy more save more' offers |
347
| >> |
| Documents required for claiming input tax credit |
347
| >> |
| Documents must contain prescribed particulars |
348
| >> |
| Communication of details of inward supplies and input tax credit |
348
| >> |
| Manner of taking input tax credit |
348
| >> |
| Restriction on taking input tax credit under section 38(2)(b) |
348
| >> |
| Order of utilization of input tax credit |
349
| >> |
| Time limit for taking input tax credit |
350
| >> |
| Statutory provisions |
350
| >> |
| Provision illustrated |
351
| >> |
| Time limit for claiming input tax credit pertaining to F.Y. 2017-18 |
351
| >> |
| No time limit for re-availment of credit reveresed earlier |
351
| >> |
| Reversal of input tax credit due to non-payment of consideration |
352
| >> |
| Statutory provisions |
352
| >> |
| ITC can be re-claimed after making payment |
352
| >> |
| Value of supplies between distinct person is deemed to be paid |
352
| >> |
| Amount which a supplier is liable to pay in relation to supply is deemed to be received |
352
| >> |
| No reversal required if consideration is paid via book adjustment |
353
| >> |
| Power of Commissioner to restrict availment of input tax credit |
353
| >> |
| No input tax credit allowable if depreciation is claimed on tax component |
354
| >> |
| Input tax credit on capital goods is allowable in one instalment |
354
| >> |
| Transfer of credit on obtaining separate registration for multiple places of business within a State or Union Territory |
355
| >> |
| Consequence of wrong availment of input tax credit |
355
| >> |
| Levy of interest under section 50(3) |
355
| >> |
| Penalty for wrong availment of input tax credit under section 73 |
356
| >> |
| Penalty for wrong availment of input tax credit under section 74 |
356
| >> |
| 22. -Availing Input Tax Credit in Special Circumstances |
357
| >> |
| Goods or services or both used partly for business and partly for non-business purpose |
357
| >> |
| Goods or services or both used partly for effecting taxable supplies and partly for effecting exempt supplies |
357
| >> |
| Taxable supply |
358
| >> |
| Zero rated supply |
358
| >> |
| Exempt supply |
358
| >> |
| Manner of determination of input tax credit under sections 17(1) or 17(2) |
359
| >> |
| Calculation of eligible input tax credit, finally |
362
| >> |
| Calculation of input tax credit, finally in case of supply of services covered by clause (b) of paragraph 5 of Schedule II |
362
| >> |
| Manner of calculation |
362
| >> |
| Where input or input services are used for more than one project |
363
| >> |
| Specified terms -- Defined |
364
| >> |
| Calculation of input tax credit, finally in case of supply of services covered by clause (b) of paragraph 5 of Schedule II for commercial portion in each project |
365
| >> |
| Manner of calculation |
365
| >> |
| Where any input or input service are used for more than one project |
366
| >> |
| Specified terms -- Defined |
366
| >> |
| Manner of determination of input tax credit in respect of capital goods and reversal thereof |
368
| >> |
| Manner of determination of input tax credit in respect of capital goods in case of supply services covered by clause (b) of paragraph 5 of Schedule II |
373
| >> |
| Input tax credit on inputs held in stock at the time of taking new registration |
375
| >> |
| Allowability of input tax credit |
375
| >> |
| No ITC allowable on capital goods held at the time of taking registration |
375
| >> |
| Time limit for taking input tax credit |
375
| >> |
| Illustration |
375
| >> |
| Procedure to be followed |
376
| >> |
| Input tax credit on inputs held in stock at the time of taking voluntary registration |
376
| >> |
| Allowability of input tax credit |
376
| >> |
| No input tax credit allowable on capital goods |
376
| >> |
| Time limit for taking input tax credit |
376
| >> |
| Provision illustrated |
376
| >> |
| Procedure to be followed |
376
| >> |
| Input tax credit in case of switching over from composition levy to normal scheme |
377
| >> |
| Allowability of input tax credit |
377
| >> |
| Reduction of credit on capital goods |
377
| >> |
| Time limit for taking input tax credit |
377
| >> |
| Procedure to be followed |
378
| >> |
| Allowability of input tax credit where exempt supply becomes taxable supply |
378
| >> |
| Allowability of input tax credit |
378
| >> |
| Reduction of input tax credit in case of capital goods |
378
| >> |
| Time limit for taking credit |
378
| >> |
| Procedure to be followed |
378
| >> |
| Procedure to be followed for taking input tax credit under section 18(1) |
379
| >> |
| Transfer of credit on sale, merger, lease or transfer of business |
380
| >> |
| Statutory provisions |
380
| >> |
| Procedure for transfer of credit |
380
| >> |
| CBIC clarification on apportionment of input tax credit in case of business reorganization |
381
| >> |
| Transfer of input tax credit in case of death of sole proprietor |
381
| >> |
| Liability of transferee/successor to take registration |
381
| >> |
| Addition of legal heir as authorised person in GSTIN of deceased |
382
| >> |
| Transfer of input tax credit and liability |
382
| >> |
| Manner of transfer of credit |
382
| >> |
| Cancellation of registration on account of death of proprietor |
382
| >> |
| Payment of an amount equivalent to input tax credit in certain cases |
383
| >> |
| Provision illustrated |
383
| >> |
| Manner of reversal of credit under section 18(4) |
383
| >> |
| Supply of capital goods or plant and machinery on which input tax credit has been taken |
384
| >> |
| Amount required to be paid |
384
| >> |
| Amount to be reduced from input tax credit |
385
| >> |
| Transfer of ITC upon obtaining multiple registration |
385
| >> |
| 23. -Input Service Distributor |
386
| >> |
| Concept of input service distributor |
386
| >> |
| Input service distributor -- Defined |
386
| >> |
| Registration as ISD |
387
| >> |
| Manner of distribution of credit by ISD |
387
| >> |
| Reduction of amount of input tax credit -- Consequences of |
389
| >> |
| Furnishing of monthly return by an Input Services Distributor |
389
| >> |
| Form and due date of furnishing return |
389
| >> |
| Late fee for failure to furnish Form GSTR-6 |
389
| >> |
| Furnishing of details of ISD credit note in Form GSTR-6 |
389
| >> |
| Conditions to be satisfied for distribution of input tax credit |
390
| >> |
| Relevant period -- Definition |
390
| >> |
| Recipient of credit -- Defined |
390
| >> |
| Turnover -- Defined |
391
| >> |
| Details required to be contained on ISD invoice or ISD credit note |
391
| >> |
| Details required to be contained in a credit or debit note to transfer credit of common input services to Input Service Distributor |
391
| >> |
| Manner of recovery of credit distributed in excess |
392
| >> |
| Transitional provisions in respect of distribution of service tax credit |
392
| >> |
| Penalty for distribution of credit wrongly |
392
| >> |
PART IV -- IMPORTANT GST PROCEDURES |
393
| >> |
| 24. -Registration under GST |
394
| >> |
| Liability to get registered |
394
| >> |
| Increased threshold limit for persons engaged exclusively in supply of goods in Special category states |
395
| >> |
| Increased threshold limit for persons engaged exclusively in supply of goods in other States |
395
| >> |
| Increased threshold |
395
| >> |
| Interest and discount is not includible in aggregate turnover |
395
| >> |
| Cases where increased threshold is not applicable |
396
| >> |
| Threshold limit of turnover for liability to get registered -- At a glance |
396
| >> |
| Aggregate turnover -- Meaning and scope |
397
| >> |
| Meaning of aggregate turnover |
397
| >> |
| Meaning of exempt supply |
397
| >> |
| Value of 'no supply' is not considered |
397
| >> |
| Supply made on behalf of principal is included |
398
| >> |
| Supply by a registered job-worker for principal is not included |
398
| >> |
| Amounts not includible in aggregate turnover |
398
| >> |
| Turnover for getting registered by contractors, developers, etc. |
398
| >> |
| Single registration vs. multiple registration |
399
| >> |
| Temporary registration for small projects |
399
| >> |
| Persons not liable to get registered |
400
| >> |
| Supplies not liable to tax -- Meaning |
400
| >> |
| A person making nil rated inter-State supply is not required to take registration |
400
| >> |
| Exempt supply |
400
| >> |
| Agriculturist -- Meaning |
400
| >> |
| Practical illustrations |
401
| >> |
| Persons liable to get registered compulsorily |
401
| >> |
| Liability of a person making inter-State taxable supply to get registered |
403
| >> |
| Liability of casual taxable person to get registered |
404
| >> |
| Persons required to pay tax on RCM basis, to get registered |
404
| >> |
| Persons liable to pay tax under sub-section (5) of section 9 |
405
| >> |
| Liability of non-resident taxable persons to get registered |
405
| >> |
| Liability of persons required to deduct tax at source, to get registered |
406
| >> |
| Persons making taxable supply on behalf of other taxable persons |
406
| >> |
| Liability of Input Service Distributors to get registered |
406
| >> |
| Persons supplying goods or services through electronic commerce operator |
407
| >> |
| Meaning of electornic commerce and electronic commerce operator |
407
| >> |
| Persons supplying online information and data base access or retrieval services |
407
| >> |
| Persons notified by Government |
407
| >> |
| Voluntary registration |
407
| >> |
| Persons exempted from obtaining registration |
408
| >> |
| Person making supplies of taxable goods or services or both covered by reverse charge |
408
| >> |
| Casual taxable persons making taxable supplies of handicraft goods |
408
| >> |
| Job worker engaged in making inter-State supply of services |
411
| >> |
| Persons making inter-State supplies of taxable services and having aggregate turnover not exceeding Rs. 20 lakh |
412
| >> |
| Person making supplies of certain services through electronic commerce operator |
412
| >> |
| Persons having aggregate turnover not exceeding Rs. 40 lakh |
412
| >> |
| Registration to be taken for every State or Union territory |
413
| >> |
| Registration by a person making supply from territorial waters of India |
413
| >> |
| Franchisor company need not to take separate registration in each State |
413
| >> |
| Registration is State specific |
413
| >> |
| Registration is required in the State from where taxable supply is made |
413
| >> |
| More than one registration can be taken in a State or Union territory |
414
| >> |
| Separate registration to be taken for unit located in SEZ |
415
| >> |
| Persons having more than one registration would be regarded as distinct persons |
415
| >> |
| Registered person having establishment in another State or Union territory |
415
| >> |
| PAN is mandatory for getting registered |
415
| >> |
| Authentication of Aadhaar |
415
| >> |
| Persons required to undergo Aadhaar authentication |
416
| >> |
| Consequences of failure to undergo Aadhaar authentication |
416
| >> |
| Verification of documents in lieu of physical verification |
416
| >> |
| Aadhar authentication by an individual |
416
| >> |
| Aadhaar authentication by authorised persons/authorised signatories |
417
| >> |
| Class of persons exempted from Aadhaar authentication |
417
| >> |
| Time limit for getting registered |
417
| >> |
| Grant of Unique Identity Number (UIN) to certain entities |
418
| >> |
| Procedure for making application for registration |
418
| >> |
| Verification of application and approval |
419
| >> |
| Registration by persons required to deduct collect tax at source |
421
| >> |
| Suo moto registration by proper officer |
421
| >> |
| Method of authentication of registration application |
422
| >> |
| Person authorised to sign or verify any application or document |
422
| >> |
| Verification before grant of registration or UIN |
423
| >> |
| Physical verification of business premises |
424
| >> |
| Procedure for issue of registration certificate |
425
| >> |
| Deemed registration |
426
| >> |
| Registration certificate |
426
| >> |
| Effective date of registration |
427
| >> |
| Registration is permanent |
427
| >> |
| Effect of grant of registration under SGST/UTGST Act |
427
| >> |
| Effect of rejection of registration under SGST/UTGST Act |
427
| >> |
| Display of registration certificate and GSTIN on name board |
427
| >> |
| Registration of casual taxable person or non-resident taxable person |
428
| >> |
| Time period for making application for registration |
428
| >> |
| Validity period of registration |
428
| >> |
| Requirement of advance deposit of tax |
428
| >> |
| Utilization of advance tax |
428
| >> |
| Furnishing of Bank Account Details |
428
| >> |
| Procedure for amendment of registration (non-core fields) |
429
| >> |
| Procedure for changes relating to name of firm, address and directors/partners, etc. (core-fields) |
430
| >> |
| Application cannot be rejected without giving opportunity of being heard |
431
| >> |
| Rejection/approval of amendment, both for CGST and SGST |
431
| >> |
| Penalty for failure to obtain registration or furnishing false information |
431
| >> |
| 25. -Cancellation or Suspension of Registration |
432
| >> |
| Cancellation or suspension of registration |
432
| >> |
| Suo motu cancellation of registration by proper officer |
432
| >> |
| Contravention of provisions of Act and rules leading to cancellation of registration |
433
| >> |
| Suspension of registration |
434
| >> |
| Statutory provisions relating to suspension of registration |
434
| >> |
| Circumstances under which registration of a dealer would stand suspended |
434
| >> |
| No supply can be made during the period of suspension |
435
| >> |
| No refund can be granted during the period of suspension |
435
| >> |
| Action to be taken by dealer after suspension of registration |
435
| >> |
| Revocation of suspension of registration |
435
| >> |
| Issuance of revised invoice after invocation of suspension |
436
| >> |
| Procedure for cancellation of registration by proper officer |
436
| >> |
| Cancellation of registration in certain other cases |
437
| >> |
| Procedure for making application for cancellation of registration |
437
| >> |
| Procedure in case of death of sole proprietor |
438
| >> |
| Voluntary registration can be cancelled before one year |
439
| >> |
| Reasonable opportunity of being heard to be given |
439
| >> |
| Cancellation would not affect liability of taxable person |
439
| >> |
| Cancellation of registration, both for CGST Act and SGST Act |
439
| >> |
| Payment of input credit balance pertaining to inputs held in stock |
439
| >> |
| Payment of input credit balance pertaining to capital goods |
440
| >> |
| Furnishing of final return |
440
| >> |
| Revocation of cancelled registration |
440
| >> |
| Procedure for revocation of cancelled registration |
441
| >> |
| Cancellation of registration of companies in certain cases |
442
| >> |
| 26. -Furnishing of Details of Outward Supply |
443
| >> |
| Persons required to furnish details of outward supply |
443
| >> |
| Persons not required to furnish details of outward supplies |
443
| >> |
| Furnishing of details of outward supply using Invoice Furnishing Facility |
444
| >> |
| What is invoice furnishing facility |
444
| >> |
| Due date of furnishing details of outwars supplies using IFF |
444
| >> |
| Detials required to be furnished using IFF |
444
| >> |
| Due date of furnishing details of outward supplies |
444
| >> |
| Information required to be included in FORM GSTR-1 |
444
| >> |
| Restriction on furnishing of details of outward supply |
445
| >> |
| Communication of details to recipient |
446
| >> |
| Rectification of error or omission in Form GSTR-1 |
446
| >> |
| Special provisions for rectification of error in Form GSTR-1 for F.Y. 2017-18 |
447
| >> |
| Waiver of furnishing of GSTR-1 for taxpayers opting for composition levy |
447
| >> |
| Details of all invoices not to be uploaded |
447
| >> |
| Description of each item in invoice not to be uploaded |
448
| >> |
| Value of each transaction to be filled up |
448
| >> |
| Late fee for failure to furnish Form GSTR-1 |
448
| >> |
| Waiver of late fee for failure to furnish Form GSTR-1 |
448
| >> |
| For the months/quarters falling during July, 2017 to September, 2018 |
448
| >> |
| For the months/quarters falling during July, 2017 to November, 2019 |
449
| >> |
| For the months/quarters from July, 2017 to September, 2018 |
449
| >> |
| For tax period of July, 2019 |
449
| >> |
| For August 2019 for taxpayers of Jammu and Kashmir |
450
| >> |
| For tax periods of March, 2020 to June, 2020 and quarters January-March, 2020 and April-June, 2020 |
450
| >> |
| 27. -Returns under GST |
451
| >> |
| Types of returns required to be furnished under GST |
451
| >> |
| Deferment of Form GSTR-2 and GSTR-3 |
453
| >> |
| Furnishing of monthly return in Form GSTR-3B |
453
| >> |
| Due date of furnishing GSTR-3B |
454
| >> |
| Contents of Form GSTR-3B |
454
| >> |
| Discharge of tax, interest and penalty |
454
| >> |
| Late fee for failure to furnish Form GSTR-3B |
455
| >> |
| Waiver of late fee for failure to furnish Form GSTR-3B |
456
| >> |
| For tax period of July, 2017 |
456
| >> |
| For tax periods August and September, 2017 |
456
| >> |
| For tax periods July, 2017 to September, 2018 |
456
| >> |
| For tax periods July, 2017 to January, 2020 |
456
| >> |
| For tax periods February, 2020 to July, 2020 |
456
| >> |
| For tax periods March and April, 2021 and quarter ending on 31st March, 2021 |
458
| >> |
| Penalty under section 73(11) is not leviable if return is filed |
458
| >> |
| Reporting of inter-State supplies to unregistered persons |
459
| >> |
| Furnishing of quarterly return/statement by a composition taxable person |
459
| >> |
| Form and due date of furnishing quarterly return/statement |
459
| >> |
| Extension of due date for furnishing Form GSTR-4 |
460
| >> |
| Discharge of tax liability |
460
| >> |
| Late fee for failure to furnish Form GSTR-4 |
460
| >> |
| Rationalization of maximum late fee for failure to furnsih Form GSTR-4 |
460
| >> |
| Waiver of late fee for failure to furnish GSTR-4 |
461
| >> |
| Furnishing of monthly return by a non-resident taxable person |
461
| >> |
| Form and due date of furnishing return |
461
| >> |
| Extension of due date of furnishing Form GSTR-5 |
461
| >> |
| Late fee for failure to furnish Form GSTR-5 |
462
| >> |
| Tax due on return is required to be paid before filing return |
462
| >> |
| Requirement of furnishing nil return |
462
| >> |
| No return can be furnished if return of any pervious tax period is not furnished |
462
| >> |
| Rectification of omission or incorrect particulars in a return |
463
| >> |
| When can omission or incorrect particulars be rectified? |
463
| >> |
| Maximum time limit for rectifying omission or incorrect particulars |
463
| >> |
| Input Tax Credit for F.Y. 2017-18 could be taken till 25-4-2019 |
463
| >> |
| Differential figures of past months to be reported in subsequent month on net basis |
464
| >> |
| Negative entries are not permitted in Form GSTR-3B |
464
| >> |
| First return |
464
| >> |
| Annual return |
464
| >> |
| Persons required to furnish annual return |
464
| >> |
| Form and time period for furnishing annual return |
465
| >> |
| Relaxation from furnishing of annual return to small taxpayers |
465
| >> |
| Persons not required to furnish annual return |
466
| >> |
| Furnishing of annual return by a composition dealer switched as regular taxpayer |
466
| >> |
| Cancellation of registration vis-a-vis annual return |
466
| >> |
| Filing of nil annual return |
466
| >> |
| Mode of furnishing annual return |
467
| >> |
| Annual return to be filed GSTIN wise |
467
| >> |
| Furnishing of monthly/quarterly is mandatory before furnishing Annual Return |
467
| >> |
| Additional liability can declared but input tax credit cannot be claimed |
467
| >> |
| Difference between an Annual Return and a Final Return |
467
| >> |
| Late fee for failure to furnish annual return |
467
| >> |
| Maximum time period for taking input tax credit |
467
| >> |
| No credit note can be issued after furnishing of annual return |
468
| >> |
| Rectification of omission or incorrect particulars in GST return is not allowed after furnishing of annual return |
468
| >> |
| Furnishing of reconciliation statement |
469
| >> |
| Late fee for failure to furnish annual return |
469
| >> |
| Annual GST audit for certain taxable persons |
469
| >> |
| Persons required to get his accounts audited under section 35(5) |
469
| >> |
| Persons not required to get their accounts audited |
470
| >> |
| Due date of furnishing Reconciliation Statement |
470
| >> |
| Who can perform audit under section 35(5) |
471
| >> |
| Form of audit report |
471
| >> |
| Meaning of turnover |
471
| >> |
| Turnover of all GSTINs with same PAN shall be clubbed |
472
| >> |
| Items forming part of aggregate turnover |
472
| >> |
| Items not forming part of aggregate turnover |
472
| >> |
| Exempt supplies -- Defined |
472
| >> |
| Non-taxable supplies -- Defined |
473
| >> |
| Treatment of stock transfer |
473
| >> |
| Form GSTR-9C cannot be filed unless Form GSTR-9 is filed |
473
| >> |
| Furnishing of all returns is mandatory before furnishing Form GSTR-9C |
474
| >> |
| Manner of preparing and uploading Form GSTR-9C |
474
| >> |
| Draft Form GSTR-9C can be downloaded before filing |
475
| >> |
| File format to be used for upload |
475
| >> |
| Limit on size of documents required to be uploaded |
475
| >> |
| Taxpayer cannot make any change in JSON file uploaded by Auditor |
475
| >> |
| Form GSTR-9C cannot be revised |
475
| >> |
| Downloading system generated summary based on GSTR-9 |
475
| >> |
| Responsibility of furnishing annual return and Reconciliation Statement |
476
| >> |
| Consequences of failure to get accounts audited |
476
| >> |
| Final return |
476
| >> |
| Person required to furnish final return |
476
| >> |
| Persons not required to furnish final return |
476
| >> |
| Extension of due date for furnishing final return |
476
| >> |
| Late fees for failure to furnish final return |
476
| >> |
| Waiver of late fee for failure to furnish final return |
477
| >> |
| Notice to return defaulters |
477
| >> |
| Furnishing of details of outward supplies by SMS |
477
| >> |
| Method of verification |
477
| >> |
| For Companies |
477
| >> |
| For other taxpayers |
478
| >> |
| APPENDIX |
478
| >> |
| Filing of Returns under GST -- Regarding |
478
| >> |
| Return Filing Calendar |
478
| >> |
| Applicability and quantum of late fee |
480
| >> |
| Amendment/corrections/rectification of errors |
480
| >> |
| 28. -Payment of Tax |
490
| >> |
| Periodicity and due date of payment of tax |
490
| >> |
| Electronic ledgers |
490
| >> |
| Electronic liability register |
490
| >> |
| Electronic credit ledger |
490
| >> |
| Electronic cash ledger |
490
| >> |
| Tax Liability register |
491
| >> |
| What is Tax Liability Register? |
491
| >> |
| Amounts required to be debited to electronic liability register |
491
| >> |
| Reduction in demand consequent to relief in appeal |
491
| >> |
| Reduction in penalty amount consequent upon payment of tax and interest |
491
| >> |
| Discrepancy can be communicated to jurisdictional officer |
492
| >> |
| Electronic credit ledger |
492
| >> |
| What is electronic credit ledger? |
492
| >> |
| Penalty, interest or late fee cannot be paid through electronic credit ledger |
492
| >> |
| Sequence of payment of tax through electronic credit ledger |
492
| >> |
| Amount claimed as refund shall be debited |
493
| >> |
| Re-credit of refund to electronic credit ledger |
493
| >> |
| No direct entry is allowed |
494
| >> |
| Discrepancy can be communicated to jurisdictional officer |
494
| >> |
| Restriction on use of amount available in electronic credit ledger |
494
| >> |
| Electronic Cash Ledger |
495
| >> |
| What is Electronic Cash Ledger? |
495
| >> |
| Amounts to be paid by electronic cash ledger |
495
| >> |
| Modes of deposit in electornic cash ledger |
495
| >> |
| Payment of tax in cash/cheque/demand draft can be made only upto Rs. 10,000 |
496
| >> |
| Commission to be borne by taxpayer |
496
| >> |
| Mandatory registration of credit card for payment of GST |
496
| >> |
| Payment of tax by unregistered persons |
496
| >> |
| TDS and TDS would be credited in electronic cash ledger |
496
| >> |
| Amount claimed as refund to be debited |
497
| >> |
| Transfer of amount from one head to another head of cash ledger |
497
| >> |
| Payment of GST by cheque -- Date of payment |
498
| >> |
| Consequences of filing of return without payment of tax |
498
| >> |
| Online generation and modification of challan |
498
| >> |
| Validity period of challan |
499
| >> |
| CPIN and CIN -- Meaning of |
499
| >> |
| Sequence of discharge of tax and other dues |
499
| >> |
| Tax to be collected by an Electronic Focal Point Branch [E-FPB] |
499
| >> |
| Payment of tax and other amount in instalments |
500
| >> |
| Levy of interest on delayed payment of tax |
500
| >> |
| 29. -Accounts and Records |
501
| >> |
| Records required to be maintained by a registered taxable person |
501
| >> |
| Other records and accounts |
501
| >> |
| Maintaining accounts of stock |
501
| >> |
| Maintaining account of advances received, paid and adjustments made thereto |
502
| >> |
| Accounts of invoices issued/received, input tax credit, output tax, tax paid, etc. |
502
| >> |
| Maintaining particulars of suppliers, customers and godown, etc. |
502
| >> |
| Levy of tax on goods found at non-declared godown or warehouse |
502
| >> |
| Place where accounts and records are required to be maintained |
503
| >> |
| Accounts are to be maintained at principal place |
503
| >> |
| Accounting relating to each place of business to be maintained separately |
503
| >> |
| Documents, registers, etc, found at other place |
503
| >> |
| Keeping and maintaining accounts and records in electronic form |
503
| >> |
| Permission to certain class of persons to maintain accounts in other manner |
504
| >> |
| Record of correction or deletion of entry |
504
| >> |
| Each volume of books of account to be serially numbered |
504
| >> |
| Specific records required to be maintained by supplier of services |
504
| >> |
| Specific records required to be maintained by a registered person executing works contract |
504
| >> |
| Period of retention of accounts |
505
| >> |
| Period of retention of accounts in normal cases |
505
| >> |
| Period of retention of accounts in cases involving appeal, revision, etc. |
505
| >> |
| Failure to account for goods or services or both -- Consequence of |
505
| >> |
| Defaults relating to books of account -- Consequences of |
506
| >> |
| 30. -Tax Invoice, Bill of Supply, Debit and Credit Notes |
507
| >> |
| Tax invoice for supply of taxable goods |
507
| >> |
| Tax invoice for supply of taxable services |
507
| >> |
| Point of time for issuance of tax invoice, bill of supply, etc. |
507
| >> |
| Continuous supply of goods -- Meaning |
509
| >> |
| Continuous supply of services -- Meaning |
509
| >> |
| Cases, where tax invoice or bill of supply is not required to be issued |
510
| >> |
| In respect of categories of services specified by Government |
510
| >> |
| In respect of taxable supplies involving smaller value |
510
| >> |
| Issue of tax invoice and payment voucher by a person paying tax under RCM |
510
| >> |
| Requirement of issuing an invoice |
510
| >> |
| Issuance of payment voucher |
511
| >> |
| Issuance of consolidated invoice at the end of a month |
511
| >> |
| Details required to be contained in a tax invoice |
512
| >> |
| No signature required in case of issuance of invoice electornically |
513
| >> |
| E-invoice |
513
| >> |
| What is e-invoice? |
513
| >> |
| Persons required to prepare e-invoice |
514
| >> |
| Persons not required to prepare e-invoice |
514
| >> |
| Effective date from which e-invoice is required to be prepared |
514
| >> |
| Common portal for issuance of e-invoice |
514
| >> |
| Obtaining invoice reference number |
515
| >> |
| Tax invoice to have QR code |
515
| >> |
| Invoices issued by what persons required to have QR code? |
515
| >> |
| Invoices issued by what persons not required to have QR Code? |
515
| >> |
| Details required to be captured in QR Code |
516
| >> |
| Customer opting to make payment without QR Code |
516
| >> |
| Where Dynamic QR Code not displayed on electronic mode of payment |
516
| >> |
| Payment made before issuance of invoice |
516
| >> |
| Supplier using e-commerce portal for supplies |
516
| >> |
| Waiver of penalty for faiure to comply with QR Code requirement |
517
| >> |
| Format of tax invoice |
517
| >> |
| Additional details to be mentioned in case of exports |
517
| >> |
| Requirement of mentioning HSN code in tax invoice |
517
| >> |
| Position upto 31-3-2021 |
517
| >> |
| Position w.e.f. 1-4-2021 |
518
| >> |
| Amount of tax is to be indicated in tax invoice |
518
| >> |
| No need to record Aadhaar or PAN of customer |
519
| >> |
| Expenses like freight/transport/packing should be mentioned in tax invoice |
519
| >> |
| Tools may be sent on the basis of delivery challan |
519
| >> |
| Tax invoice or bill of supply to accompany transport of goods |
519
| >> |
| Manner of issuing invoice |
519
| >> |
| For supply of goods |
520
| >> |
| For supply of services |
520
| >> |
| Furnishing of serial number of invoices electronically |
520
| >> |
| Whether a single bill book can be used by a registered person engaged in supply of both goods or services |
520
| >> |
| Issue of receipt voucher and refund voucher |
520
| >> |
| Issuance of a receipt voucher |
520
| >> |
| Issuance of refund voucher |
521
| >> |
| Particulars required to be contained on a receipt voucher |
521
| >> |
| Particulars required to be contained on a refund voucher |
522
| >> |
| Issuance of revised tax invoice |
522
| >> |
| What is revised tax invoice |
522
| >> |
| Revised tax invoice, when to be issued |
523
| >> |
| Issuance of consolidated revised tax invoice |
523
| >> |
| Issuance of consolidated revised invoice in respect of separate customers |
523
| >> |
| Particulars required to be contained on a revised tax invoice |
523
| >> |
| Provision illustrated |
524
| >> |
| Bill of supply |
524
| >> |
| Persons required to issue bill of supply |
524
| >> |
| Particulars required to be contained on a bill of supply |
524
| >> |
| No signature required in case of issuance of electronic bill of supply |
525
| >> |
| Bill of supply not to be issued in certain cases |
525
| >> |
| Invoice-cum-bill of supply |
525
| >> |
| Issuance of invoice by recipient of goods or services in certain cases |
526
| >> |
| Issuance of credit note |
526
| >> |
| Particulars required to be contained on a credit note |
527
| >> |
| Adjustment of tax liability due to issuance of credit notice |
527
| >> |
| Declaration of details of credit note in monthly return |
528
| >> |
| Issuance of debit notes |
529
| >> |
| Particulars required to be contained on a debit note |
529
| >> |
| Additional tax liability |
529
| >> |
| Declaration of details of debit notes in monthly return |
529
| >> |
| Issuance of tax invoice by a goods transport agency |
529
| >> |
| Issuance of tax invoice by any person engaged in passenger transport service |
530
| >> |
| Issuance of delivery challan |
530
| >> |
| When to issue of delivery challan |
530
| >> |
| Manner of issue of delivery challan |
531
| >> |
| Declaration of goods in e-Way Bill |
531
| >> |
| Supply of tax invoice after delivery of goods |
531
| >> |
| Goods transported in SKD or CKD condition |
531
| >> |
| APPENDIX |
532
| >> |
| Specimen of Tax Invoice |
532
| >> |
| Specimen of Bill of Supply |
533
| >> |
| Specimen of Export Invoice |
534
| >> |
| Receipt Voucher (Specimen) |
535
| >> |
| Payment Voucher (Specimen) |
535
| >> |
| Refund Voucher (Specimen) |
536
| >> |
| Debit Note (Specimen) |
537
| >> |
| Credit Note/Revised Invoice (Specimen) |
538
| >> |
PART V -- APPENDICES |
539
| >> |
| 31. -FAQs on Real Estate -- Part I |
540
| >> |
| 32. -FAQs on Real Estate -- Part II |
554
| >> |
| 33. -Explanatory Notes to the Scheme of Classification of Services (Relevant Extracts) |
562
| >> |