Section 132 – Draft-Bills-Reports – MISCELLANEOUS PROVISIONS – MODEL GST LAW – GOODS AND SERVICES TAX ACT, 2016 – Draft June 2016 – Section 132 – 132. Power of Central (or State) Government to make rules (1) The Central Government (or the State Government) may, on the recommendation of the Council, make rules, including rules conferring the power to issue notifications with retrospective effect under those rules, to carry into effect the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may – (i) provide for the date for determination of rate of tax and the place of supply of goods or services or both; (ii) having regard to the normal practice in the supply of goods or services, define or specify the kinds of trade discount to be excluded from the value under section 15 including the circumstances in which and the conditions subject to which such discount is to be so excluded; (iii) provide for determining the value of
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AT credit rules) lying with the taxable persons on the date of their switching over to GST; (viii) provide for the remission of tax leviable on any taxable supplies, which due to any natural causes are found to be deficient in quantity, the limit or limits of percentage beyond which no such remission shall be allowed and the different limit or limits of percentage for different varieties of the same taxable supply or for different areas or for different seasons; (ix) specify the persons who shall get themselves registered under section 19 and the time, manner and form in which application for registration shall be made; (x) provide for the manner of verification of application and issue of registration under the Act and the fees, if any, to be charged therefor; (xi) provide for the situations and manner of grant of deemed registration under the Act; (xii) provide for the manner of migration, amendment, surrender, revocation, suspension, cancellation of registration under the Act; (xiii
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respect of which breaches of the Act or rules made thereunder have been committed and the disposal of things so detained or attached or confiscated; (xviii) authorise and regulate the composition of offences against, or liabilities incurred under the Act or the rules made thereunder; (xix) provide for the amount to be paid for compounding and the manner of compounding of offences under section 78; (xx) provide for publication, subject to such conditions as may be specified, the names and other particulars of persons found guilty of contravention of any provision of the Act or of any rule made thereunder; (xxi) provide for the manner of recovery of any amount due to the Central Government (or state government) under section 54; (xxii) authorise and regulate the inspection and audit of business premises and provide for the taking of samples, and for the making of tests, of any substance produced therein, and for the inspection or search of any place or conveyance used for the production,
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Act; (xxviii) regulate in such manner as the Central Government / State Government thinks fit, the movement of supplies from any part of India to any other part thereof; (xxix) regulate the removal of taxable supplies of goods from the place where produced, stored or manufactured or subjected to any process of production or manufacture and their transport to or from the premises of a registered person, or a bonded warehouse, or to a market; (xxx) provide for the appointment, licensing, management and supervision of bonded warehouses and the procedure to be followed for entry of goods into such warehouses and clearance of goods therefrom; (xxxi) provide for the distinguishing of supply of goods which have been manufactured after registration, of materials which have been imported, and of supply of goods on which tax has been paid, or which are exempt from tax under this Act, or any other class of goods as may be specified in such rules; (xxxii) require that taxable supplies of specifie
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ent (or the State Government) under this section; (xxxvii) provide for the manner of provisional attachment of property under section 58; (xxxviii) make provisions for determining export of taxable supply of services; (xxxix) provide for grant of exemption to, or rebate of tax paid on, taxable supply of services which are exported out of India; (xl) provide for manner of administering of payment of taxes under the compounding of tax; (xli) provide for dealing with situations where goods are returned; (xlii) provide for specifying the details to be given in the invoices, the maintenance of accounts, the furnishing of audit reports, and matters related thereto; (xliii) provide for the qualifications and the manner of appointment of the Advance Ruling authority under section 95 of the Act, and other matters related to functioning of the authority; (xliv) provide for the qualifications of tax return preparers, tax practitioners and authorized representatives under various provisions of the
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