MEMO – Acts – MEMORANDUM – UNION TERRITORY GOODS AND SERVICES TAX ACT, 2017 – MEMO – MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 22 of the Union territory Goods and Services Tax Bill, 2017 seeks to empower the Government to make rules, inter-alia, in the following- (a) collection of taxes under section 7; (b) manner and time in which input tax credit will be transferred under section 10; (c) manner in which tax wrongfully collected and paid to Central Government or Union territory Government is to be refunded under section 19; (d) qualifications, the method of appointment of the members and the terms and conditions of their service for Authority of Advance Ruling under section 15; (e) form and manner in which certification of registration on provisional basis is to be issued under section 17; (f) manner in which input tax credit is to be carried forward under section 18; (g) form, manner and time in which the job worker declares inputs held in stock on behalf of the manufacturer
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ernment. 2. Sub-clause (1) of clause 15 of the Bill provides for the establishment of an Authority for Advance Ruling. 3. Sub-clause (1) of clause 16 of the Bill provides for the establishment of an Appellate Authority for Advance Ruling. 4. Sub-clause (1) of clause 21 of the Bill provides for application of provisions of the Central Goods and Services Tax Bill, 2017 relating to appeals, advance ruling and anti-profiteering. So authorities established under Central Goods and Services Tax Act will be utilised for the purposes of this Bill. Thus there will be no extra financial expenditure under this Bill. 5. The total financial implications in terms of recurring and non-recurring expenditure involved in carrying out the various functions under the Bill would be borne by the Central Government. Most of the existing officers and staff of the Central Board of Excise and Customs and Union territories would be used for carrying out the various functions under the Bill. However, it is not pos
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cascading of taxes due to "tax on tax"; and (c) the credit of excise duty and service tax paid at the stage of manufacture is not available to the traders while paying the State level sales tax or value added tax, and vice-versa. Further, the credit of State taxes paid in one State cannot be availed in other States. Hence, the prices of goods and services get artificially inflated to the extent of this "tax on tax". 3. In view of the above, it has become necessary to have a Central Legislation, namely, the Union Territory Goods and Services Tax Bill, 2017. The proposed Legislation will confer power upon the Central Government for levying goods and services tax on the supply of goods or services or both which takes place within a Union territory without Legislature. 4. The proposed Legislation will simplify and harmonise the indirect tax regime in the country. It is expected to reduce the cost of production and inflation in the economy, thereby making the Indian tra
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wer the Central Government to grant exemptions, by notification or by special order, on the recommendations of the Council; (c) to provide for apportionment of tax and settlement of funds on account of transfer of input tax credit between the Central Government, State Government and Union territory; (d) to provide for assistance by officers of Police, Railways, Customs, and those engaged in the collection of land revenue, including village officers, and officers of central tax and officers of the State tax to proper officers in the implementation of the proposed Legislation; (e) to provide for recovery of tax, interest or penalty payable by a person to the Government which remains unpaid, by the proper officer of central tax; (f) to establish an Authority for Advance Ruling in order to enable the taxpayer to seek a binding clarity on taxation matters from the department; (g) to provide for elaborate transitional provisions for smooth transition of existing taxpayers to goods and servic
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