Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 22-4-2017 – This part of the series contains meanings of certain terms covered in Section 2 of the CGST Act, 2017. These are actionable claim, address of delivery, address on record, adjudicating authority and agent. Definitions (Section 2) Section (2) of the CGST Act provides for 119 definitions of various terms and expressions used in the Act. It has been provided that words or expressions which are not defined in CGST Act but defined in other Acts, viz, IGST Act, UTGST Act and Goods and Services Tax (Compensation to States) Act shall have same meanings as defined in those Acts. It may be noted that Section (2) does not have reference to SGST Act. In case of the State of Jammu & Kashmir, it provides that any reference to a law in CGST Act which is not in force in the State of Jammu & Kashmir shall have reference to any corresponding law which is in force in the State of Jammu & Kashmir. Actionable Claim [S
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
e. Civil courts should recognize such claim as worthy of affording grounds for relief. Such claims or interest could be existing, accruing, conditional or contingent. Actionable claims can be assigned Actionable claims can be enforced in a court of law. Examples of claims which are 'actionable claims': Claim for arrear rent. Claim for rent to fall due in future. An option offered to repurchase the property once sold. Benefit of a contract giving option to purchase the land. Contract for purchase of goods is endorsed by the purchaser, by writing on the back of the contract under his signature, that he has sold all his rights and interest in the goods purchased under the said contract to a certain person who is named and properly identified in such endorsement. Unsecured debts Wining from lotteries Right to claim and recover Insurance money Claim for unpaid dower (in case of muslim women) According to definition of 'goods' in section 2(32), actionable claims are considere
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
the time being in force. Address of delivery is one of the important factors which help in determination of nature of transaction like inter-state or intra-state supply. Address on record [Section 2(3)] It is the address of recipient as is available in the records of supplier Location of recipient of supply of goods and / or services is one of the factors to be considered for the purpose of determination of nature of transaction like inter-state or intra state. This factor is equally relevant irrespective of whether the recipient is registered taxable person or unregistered taxable person. Address on record would imply address as recorded in the records of supplier of goods or services. Such address may therefore, be different from the registered address or address of head office, factory etc. Even the address on record may be different from that in the records of the Department. It may be noted that address of delivery represent the place where goods and/ or services are to be delive
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =