Author: admin_gst

Inspection, etc. of reports
Section 19
Bill
SETTLEMENT OF CASES
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
19. Inspection, etc. of reports
The Settlement Commission shall, on an application made in this behalf, and on payment of the prescribed fee bythe applicant, for the purpose of rebutting any evidence brought on record against him in any report made by any IGST Officer or Designated officer, furnish to him a certified copy of any such

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Power of Settlement Commission to reopen completed proceedings
Section 18
Bill
SETTLEMENT OF CASES
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
18. Power of Settlement Commission to reopen completed proceedings
If the Settlement Commission is of the opinion (the reasons for such opinion to be recorded by it in writing) that, for the proper disposal of the case pending before it, it is necessary or expedient to reopen any proceeding connected

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Power of Settlement Commission to order provisional attachment to protect revenue
Section 17
Bill
SETTLEMENT OF CASES
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
17. Power of Settlement Commission to order provisional attachment to protect revenue
(1) Where during the pendency of any proceeding before it, the Settlement Commission is of the opinion that for the purpose of protecting the interests of revenue it is necessary so to do, it may,

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Procedure for settlement on receipt of an application under section 15
Section 16
Bill
SETTLEMENT OF CASES
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
16. Procedure for settlement on receipt of an application under section 15
(1) On receipt of an application under sub-section (1) of section 15, the Settlement Commission shall, within seven days from the date of receipt of the application, issue a notice to the applicant to explain in writing as to why the application made by him should be allowed to be proceeded with, and after taking into consideration the explanation provided by the applicant, it shall, within a period of forty five days from the date of the notice, by an order, allow the application to be proceeded with, or reject the application as the case may be, and the proceedings before the Settlement Commission shall abate on the date of rejection :
Provided that an application shall not be rejected unless an opportunit

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ter examination of the report of the jurisdictional IGST officer received under subsection (3), if the Settlement Commission is of the opinion that any further enquiry or investigation in the matter is necessary, it may, within 15 days of the receipt of the report, direct, for reasons to be recorded in writing, the Designated Officer to make such further enquiry or investigation and furnish a report within a period of ninety days of the receipt of such direction, on the matters covered by the application and any other matter relating to the case :
Provided that where the Designated Officer does not furnish the report within the aforesaid period, the Settlement Commission shall proceed to pass an order under subsection (5) without such report.
(5) After examination of the records and the report of the jurisdictional IGST officer received under sub-section (3), and the report, if any, of the Designated Officer under sub-section (4), and after giving an opportunity to the applicant and

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roceeding at the time of making the application was pending, shall dispose of the case in accordance with the provisions of this Act as if no application under section 15 had been made.
Provided that the period specified under this sub- section may, for reasons to be recorded in writing, be extended by the Settlement Commission for a further period not exceeding three months.
(7) For the purposes of the time limit under section 51 or section 79, as the case may be, of the CGST Act and for the purposes of interest under section 36 of the said Act, in a case referred to in sub-section (1) or sub-section (6), as the case may be, the period commencing on and from the date of the application to the Settlement Commission under section 15 and ending with the date of abatement, shall be excluded.
(8) The order passed under sub-section (5) shall provide for the terms of settlement including any demand by way of tax, interest, fine or penalty, the manner in which any sums due under the settle

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Application for settlement of cases
Section 15
Bill
SETTLEMENT OF CASES
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
15. Application for settlement of cases
(1) A taxable person may, in respect of a case or identical cases involving periodical show cause notices relating to him and pending before the adjudicating authority or the First Appellate Authority under the Act, make an application, in such form and in such manner as may be prescribed, containing a full and true disclosure of his tax liability which has not been disclosed before the jurisdictional IGST officer, the manner in which such liability has been derived, the additional amount of tax accepted to be payable by him and suc

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ditional amount of tax accepted by him along with interest due thereon under section 36 of the CGST Act:
Provided further that the Settlement Commission, if it is satisfied that the circumstances exist for not filing the return(s) referred to in clause (a) of the first proviso to subsection (1), may, after recording the reasons thereof, allow the applicant to make such application.
(2) No application shall be entertained by the Settlement Commission under sub-section (1) in cases which are pending with the Appellate Tribunal or any Court.
(3) No application under sub-section (1) shall be made for determination of any question having a bearing on the rate of tax or determination of liability to pay tax on goods and/or services under the A

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Application of certain provisions of the CGST Act, 2016
Section 27
Bill
MISCELLANEOUS
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
CHAPTER- IX
MISCELLANEOUS
27. Application of certain provisions of the CGST Act, 2016
The provisions relating to registration, valuation, time of supply of goods, time of supply of services, change in rate of tax in respect of supply of services, exemption from payment of tax, input tax credit and utilization t

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Power to make rules
Section 28
Bill
MISCELLANEOUS
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
28. Power to make rules
(1) The Central Government may, on the recommendation of the Council, by notification, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
(i) provide for settlement of cases in accordance with Chapter VIIA of this Act;
(ii)

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Interest on delayed payment of tax
Section 29
Bill
MISCELLANEOUS
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
29. Interest on delayed payment of tax
(1) Every person liable to pay tax in accordance with the provisions of this Act or rules made there under, who fails to pay the tax or any part thereof to the account of the Central Government within the period prescribed, shall, on his own, for the period for which the tax or any part thereof

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Tax wrongfully collected and deposited with the Central or a State Government
Section 30
Bill
MISCELLANEOUS
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
30. Tax wrongfully collected and deposited with the Central or a State Government
A taxable person who has paid IGST on a transaction considered by him to be an interstate supply, but which is subsequently held to be an intra-state supply, shall, upon payment of CGST and SGST in the appropri

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Import of services or inter-state supply of goods and/or services made on or after the appointed day
Section 31
Bill
TRANSITIONAL PROVISIONS
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
CHAPTER- X
TRANSITIONAL PROVISIONS
31. Import of services or inter-state supply of goods and/or services made on or after the appointed day
Notwithstanding anything contained in section 12 and 13 of the CGST Act, import of services or inter-state supply of

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Classes of officers under the Integrated Goods and Services Tax Act, 2016
Section 32
Bill
ADMINISTRATION
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
CHAPTER- XI
ADMINISTRATION
32. Classes of officers under the Integrated Goods and Services Tax Act, 2016
(1) There shall be the following classes of officers under the Integrated Goods and Services Tax Act, 2016 namely;
(a) Principal Chief Commissioners of IGST or
Principal Directors Gener

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Appointment of officers under the Integrated Goods and Services Tax Act, 2016
Section 33
Bill
ADMINISTRATION
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
33. Appointment of officers under the Integrated Goods and Services Tax Act, 2016
(1) The Board may appoint such persons as it may think fit to be officers under the Integrated Goods and Services Tax Act, 2016.
(2) Without prejudice to the provisions of sub-section (1), the Board may autho

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Decisions to be by majority
Section 14
Bill
SETTLEMENT OF CASES
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
14. Decisions to be by majority
(1) If the Members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority.
(2) In a case where the decision is taken by a two member Bench as provided under sub-section (3) of section 13 and Members are equally divided, the matter will be referred

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Jurisdiction and powers of Settlement Commission
Section 13
Bill
SETTLEMENT OF CASES
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
13. Jurisdiction and powers of Settlement Commission
(1) The jurisdiction of the State Settlement Commission constituted under this Act shall extend to the …… (name(s) of States).
(2) Each Bench shall be presided over by the State Chairman and shall consist of two other Members.
(3) Notwithstanding

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Constitution of National Goods and Services Tax Settlement Commission
Section 12
Bill
SETTLEMENT OF CASES
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
12. Constitution of National Goods and Services Tax Settlement Commission
(1) The Central Government shall on the recommendation of the Council constitute a National Goods and Services Tax Settlement Commission for settlement of cases under this Act.
(2) The Settlement Commission shall be headed by a National Chairman.
(3) The Settlement Commission shall have one bench for one or more states, which shall be called the State Settlement Commission.
(4) Every State Settlement Commission shall be headed by a State Chairman.
(5) Every Stat

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Definitions
Section 11
Bill
SETTLEMENT OF CASES
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
CHAPTER – VIII
SETTLEMENT OF CASES
11. Definitions
(a) "Bench" means a Bench of the Settlement Commission;
(b) "case" means any proceeding under this Act for the levy, assessment and collection of IGST before an IGST officer, or before a First Appellate Authority in connection with such levy, assessment or collection of IGST pending on the date on which an application under sub-section (1) of section 15 is made:
Provided that where an order is passed by an adjudicating authority and for which the appeal period has not expired shall also be deemed to be a proceeding pendin

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Apportionment of tax collected under the Act and settlement of funds
Section 10
Bill
APPORTIONMENT OF TAX AND SETTLEMENT OF FUNDS
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
CHAPTER- VII
APPORTIONMENT OF TAX AND SETTLEMENT OF FUNDS
10. Apportionment of tax collected under the Act and settlement of funds
(1) Out of the IGST paid to the Central Government in respect of inter-State supply of goods and/or services to an unregistered person or to a taxable person paying tax under section 8 of the CGST Act, the amount of tax calculated at the rate equivalent to the CGST on similar intra-state supply shall be apportioned to the Central Government.
(2) Out of the IGST paid to the Central Go

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alculated at the rate equivalent to the CGST on similar intra-state supply shall be apportioned to the Central Government.
(4) Out of the IGST paid to the Central Government in respect of import of goods and / or services made in a year by a registered taxable person, where the such taxable person is either not eligible for input tax credit or where he does not avail of the said credit within the specified period and thus remains in the IGST account after expiry of the due date for filing of annual return for such year in which the supply was received, the amount of tax calculated at the rate equivalent to the CGST on similar intra-state supply shall be apportioned to the Central Government.
(5) The balance amount of tax remaining in the

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Transfer of input tax credit
Section 9
Bill
INPUT TAX CREDIT
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
9. Transfer of input tax credit
(1) On utilization of input tax credit availed under this Act for payment of tax dues under the CGST Act as per sub-section (5) of section 7, the amount collected as IGST shall stand reduced by an amount equal to the credit so utilized and the Central Government shall transfer an amount equal to the amount

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Claim of input tax credit, provisional acceptance, matching, reversal and reclaim thereof
Section 8
Bill
INPUT TAX CREDIT
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
CHAPTER- VI
INPUT TAX CREDIT
8. Claim of input tax credit, provisional acceptance, matching, reversal and reclaim thereof
(1) Every registered taxable person shall, subject to such conditions and restrictions as may be prescribed in this behalf, be entitled to take credit of

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Payment of tax, interest, penalty and other amounts
Section 7
Bill
PAYMENT OF TAX
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
CHAPTER-V
PAYMENT OF TAX
7. Payment of tax, interest, penalty and other amounts
(1) Every deposit made towards tax, interest, penalty, fee or any other amount by a taxable person by internet banking or by using credit/debit cards or National Electronic Fund Transfer or Real Time Gross Settlement or by any other mode, subject to such conditions and restrictions as may be prescribed in this behalf, shall be credited to the electronic cash ledger of such person to be maintained in the manner as may be prescribed.
Explanation.- The date of credit to the account o

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nder in such manner and subject to such conditions and within such time as may be prescribed.
(5)(a) The amount of input tax credit on account of IGST available in the electronic credit ledger shall first be utilized towards payment of IGST and the amount remaining, if any, may be utilized towards the payment of CGST and SGST, in that order.
(b) The amount of input tax credit on account of CGST available in the electronic credit ledger shall first be utilized towards payment of CGST and the amount remaining, if any, may be utilized towards the payment of IGST.
(c) The amount of input tax credit on account of SGST available in the electronic credit ledger shall first be utilized towards payment of SGST and the amount remaining, if any, ma

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Place of supply of services
Section 6
Bill
PLACE OF SUPPLY OF GOODS AND/OR SERVICES
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
6. Place of supply of services
(1) The provisions of this section shall apply to determine the place of supply of services.
(2) The place of supply of services, except the services specified in sub-sections (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14) and (15), made to a registered person shall be the location of such person.
(3) The place of supply of services, except the services specified in sub-sections (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14) and (15), made to any person other than a registered person shall be
(i) the location of the recipient where the address on record exists, and
(ii) the location of the supplier of services in other cases.
(4) The place of supply of services, –
(a) in relation to an immovable property, including services provided by archite

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each of the States in proportion to the value for services separately collected or determined, in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other reasonable basis as may be prescribed in this behalf.
(5) The place of supply of restaurant and catering services, personal grooming, fitness, beauty treatment, health service including cosmetic and plastic surgery shall be the location where the services are actually performed.
(6) The place of supply of services in relation to training and performance appraisal to
(a) a registered person, shall be the location of such person;
(b) a person other than a registered person, shall be the location where the services are actually performed.
(7) The place of supply of services provided by way of admission to a cultural, artistic, sporting, scientific, educational, or entertainment event or amusement park or any other place and services ancillary thereto, shall be t

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tract or agreement entered into in this regard or, in absence of such contract or agreement, on such other reasonable basis as may be prescribed in this behalf.
(9) The place of supply of services by way of transportation of goods, including by mail or courier to,
(a) a registered person, shall be the location of such person;
(b) a person other than a registered person, shall be the location at which such goods are handed over for their transportation.
(10) The place of supply of passenger transportation service to
(a) a registered person, shall be the location of such person;
(b) a person other than a registered person, shall be the place where the passenger embarks on the conveyance for a continuous journey:
Provided that where the right to passage is given for future use and the point of embarkation is not known at the time of issue of right to passage, the place of supply of such service shall be determined in the manner specified in sub-sections (2) or (3), as the case may

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of services on record of the supplier of services;
(c) in cases where mobile connection for telecommunication and internet service are provided on pre-payment through a voucher or any other means, be the location where such pre-payment is received or such vouchers are sold:
Provided that if such pre-paid service is availed or the recharge is made through internet banking or other electronic mode of payment, the location of the recipient of services on record of the supplier of services shall be the place of supply of such service.
(13) The place of supply of banking and other financial services including stock broking services to any person shall be the location of the recipient of services on the records of the supplier of services:
Provided that if the service is not linked to the account of the recipient of services, the place of supply shall be location of the supplier of services.
(14) The place of supply of insurance services shall:
(a) to a registered person, be the locat

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Place of supply of goods
Section 5
Bill
PLACE OF SUPPLY OF GOODS AND/OR SERVICES
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
CHAPTER- IV
PLACE OF SUPPLY OF GOODS AND/OR SERVICES
5. Place of supply of goods
(1) The provisions of this section shall apply to determine the place of supply of goods.
(2) Where the supply involves movement of goods, whether by the supplier or the recipient or by any other person, the place of supply of goods shall be the location of the goods at the time at which the movement of goods terminates for delivery to the recipient.
(2A) Where the goods are delivered by the supplier to a recipient or any other person, on the direction of a third person, whether

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Levy and collection of Integrated Goods and Services Tax
Section 4
Bill
LEVY AND COLLECTION OF TAX
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
CHAPTER- III
LEVY AND COLLECTION OF TAX
4. Levy and collection of Integrated Goods and Services Tax
(1) There shall be levied a tax called the Integrated Goods and Services Tax on all supplies of goods and/or services made in the course of inter-State trade or commerce at the rate specified in the Schedule to this Act and collected in such manner as may be prescribed.
(2) The Integrated Goods and Services Tax shall be paid by every taxable person in accordance with the provisions of this Act.
(3) Notwithstanding anything contained in sub-sec

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Supplies of goods and/or services in the course of intra-State trade or commerce
Section 3A
Bill
PRINCIPLES FOR DETERMINING SUPPLY OF GOODS AND/OR SERVICES IN THE COURSE OF INTER – STATE TRADE OR COMMERCE
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
3A. Supplies of goods and/or services in the course of intra-State trade or commerce
(1) Subject to the provisions of section 5, intra-state supply of goods means any supply where the location o

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Supplies of goods and/or services in the course of inter-State trade or commerce
Section 3
Bill
PRINCIPLES FOR DETERMINING SUPPLY OF GOODS AND/OR SERVICES IN THE COURSE OF INTER – STATE TRADE OR COMMERCE
Draft – Integrated Goods And Services Tax Act, 2016 ( IGST Act) – Draft June 2016
CHAPTER- II
PRINCIPLES FOR DETERMINING SUPPLY OF GOODS AND/OR SERVICES IN THE COURSE OF INTER-STATE TRADE OR COMMERCE
3. Supplies of goods and/or services in the course of inter-State trade or c

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