READING DOWN MODEL IGST ACT (MISCELLANEOUS PROVISIONS)(LAST PART-12)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 5-8-2016
The part of the series of articles on IGST covers the following provisions
Chapter
Sections
In Relation to
IX
27 to 30
Miscellaneous Provisions
X
31
Transitional Provisions
XI
32, 33
Administration of IGST
Miscellaneous Provisions
Application of Provisions of CGST Act
Section 27 provides that certain provisions of the CGST Act, 2016 shall apply to IGST also in the manner they apply to levy of tax under CGST Act.
These provisions relate 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 thereof,
* accounts and records,
* payment,
* return,
* audit,
* assessment,
* adjudication,
* demands,
* refunds,
* interest,
* recove
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ed payment
Section 29 provides for interest on delayed payment of tax or failure to pay tax within the prescribed period. The rate of interest shall be notified by the Central Government on the recommendation of the GST Council. The interest shall be paid for the period of delay, i.e. from the first day the tax is due to be paid to the actual date of payment or actual number of days of delay. Interest shall be applicable on the tax or any part thereof. It has been provided, unlike in the present provisions, that the person liable to pay interest shall pay interest on his own. This would mean that the liability to pay interest is automatic and no demand notice / adjudication would be necessary to confirm demand of interest.
If the liability to pay tax is there, which is not paid within stipulated period, interest shall be payable which has to be paid suo motu. It is also provided that in case of undue / wrong / excess claim of input tax credit under the provisions of CGST Act (sectio
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ther conditions which shall be prescribed later. Department is likely to deny the refund in the guise of unjust enrichment. It would be desirable not to ask for payment again and adjust the same through the system itself, taking advantage of IT platform. Alternatively, time bound refund should be made suo motu without any refund claim.
Transitional Provisions
Section 31 contains the transitional provisions which will take care of applicability of provisions for transactions which are into transition (i.e. pending) as on the appointed day, i.e. the date from which IGST law shall come into force.
It applies to import of services or inter-state supply of goods and / or services made on or after the appointed day. This provision shall over ride the provisions of 12 and 13 of CGST Act which deal with time of supply of goods and services.
When IGST comes into force, there could be two type of transactions –
* transaction initiated before the appointed day (date of commencement of IGST
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visions
Appointed day
Provisions applicable
*
Import / inter-state supply of goods or services
Made after but initiated before
Tax as per IGST Law
Full tax on import / inter-state supply of goods or services as per (a) above
Paid before
No tax under IGST Law
Part tax on import / inter-state or services as per (a) above
Paid before
Balance tax payable under IGST Law
Administration
Section 32 prescribes the classes of Officers under the IGST Act who may be Assistant Commissioner of IGST or Assistant Director of IGST upto Principal Chief Commissioner of IGST or Principal Director General of IGST.
There shall be the following classes of officers under the Integrated Goods and Services Tax Act, 2016, namely;
* Principal Chief Commissioner of IGST; or
Principal Directors General of IGST,
Chief Commissioner of IGST, or
Director General of IGST,
Principal Commissioners of IGST, or
Principal Additional Directors General of IGST,
Commissioners of IGST, or
Additi
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