Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 24-3-2017 Last Replied Date:- 1-1-2018 – Section17 of The Integrated Goods and Services Tax Act, 2016 provides that 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 goods or services, input tax credit and utilization thereof, distribution of input tax credit by an Input Service Distributor, job work, accounts and records, payment, tax deduction at source, return, tax collection at source, audit, assessment, adjudication, demands, refunds, interest, recovery of tax, offences and penalties, inspection, search and seizure, prosecution and power to arrest, appeals, review, advance ruling and compounding shall apply, so far as may be, in relation to the levy of tax under this Act as they apply in relation to levy of tax under the CGST Act,2016. The applicable rules topic wise is discussed as below: Registration Chapter VI o
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on which the supplier receives the payment with respect to the supply. Time of supply of services Section 13 of the Act deals with the time of supply of services. Section 13(2) provides that the time of supply of services shall be the earlier of the following dates, namely,- the date of issue of invoice by the supplier or the last date on which he is required, under Section 28 to issue the invoice with respect to the supply; or the date on which the supplier receives the payment with respect to the supply. Change in rate of tax in respect of supply of goods or services Notwithstanding anything contained in Section 12 or Section 13, the time of supply, in cases where there is a change in the rate of tax in respect of goods or services, shall be determined as per the provisions contained in Section 14 of the Act. Input tax credit and utilization Chapter V of the Act deals with input tax credit, input tax credit in respect of inputs sent for job work, input service distributor. The follo
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re the sections dealing with the payment of tax- Section 44 – Payment of tax, interest, penalty and other amounts; Section 45 – Interest on delayed payment of tax; Tax Deduction at source Section 46 of the Act deals with tax deduction at source. The said section provides that the Central or a State Government may mandate a department or establishment of the Central or State Government or local authority or Governmental agencies or such persons or category of persons as may be notified by the Central or the State Government on the recommendations of the GST Council. The proviso to Section 17 of the IGST Act provides that in the case of tax deduction at source, the deductor shall deduct tax at the rate of 2% from the payment made or credited to the supplier. Return Chapter VIII of the Act deals with filing of various types of returns. The following are the sections dealing with filing of GST returns- Section 32 – Furnishing details of outward supplies; Section 33 – Furnishing details of
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Act deals with the assessment types and procedures. The following are the sections dealing with the assessment- Section 57 – Self assessment; Section 58 – Provisional assessment; Section 59 – Scrutiny of returns; Section 60 – Assessment of non filers of returns; Section 61 – Assessment of unregistered persons; Section 62 – Summary assessment in certain special cases. Adjudication, demand and recovery of tax Chapter XVII of the Act deals with the above. The following are the sections dealing with adjudication, demand and recovery of tax- Section 66 – Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilized for any reason other than fraud or any willful misstatement or suppression of facts; Section 67 – Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilized by reason of fraud or any willful misstatement or suppression of facts; Section 68 – General provisions relating t
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with offences and penalties. The following sections deal with offences and penalties- Section 85 – Offences and penalties; Section 86 – General penalty; Section 87 – General disciplines related to penalty; Section 88 – Power to impose penalty in certain cases; Section 89 – Detention, seizure and release of goods and conveyances in transit; Section 90 – Confiscation of goods and/or conveyances and levy of penalty; Section 91 – Confiscation of penalty not to interfere with other punishments. Inspection, search, seizure and arrest Chapter XVIII of the Act deals with the powers given to GST officers for inspection, search and seizure. The following sections deal with inspection, search, seizure and arrest- Section 79 – Power of inspection, search and seizure; Section 80 – Inspection of goods in movement; Section 81 – Power to arrest; Section 82 – Power to summon persons to give evidence and produce documents; Section 83 – Access to business premises; Section 84 – Officers required assisti
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on 105 – Appearance by authorized representative; Section 106 – Appeal to the High Court; Section 107 – Appeal to the Supreme Court; Section 108 – Hearing before Supreme Court; Section 109 – Sums due to be paid notwithstanding appeal etc., Section 110 – Exclusion of time taken for copy; Section 111 – Appeal not to be filed in certain cases; Section 112 – Non appealable decisions and orders. Advance Ruling Chapter XXII of the Act deals with advance ruling. The following are the sections dealing with advance ruling- Section 113 – Definitions; Section 114 – Authority of Advance Rulings; Section 115 – Appellate Authority for Advance Rulings; Section 116 – Application of advance ruling; Section 117 – Procedure on receipt of application; Section 118 – Appeal to the Appellate Authority; Section 119 – Orders of the Appellate Authority; Section 120 – Rectification of Advance Ruling; Section 121 – Applicability of Advance Ruling; Section 122 – Advance ruling to be void in certain circumstances;
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