Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – 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, recovery of tax, offences and penalties, inspection, search and seizure, prosecution and power to arrest, appeals, review, advance ruling, and compounding. Rule making po
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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 (section 29), interest shall also be payable on such undue or excess claim for the relevant period. The rate of interest shall be prescribed. Tax wrongly collected / deposited Section 30 of the IGST Act deals with a sit
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self, 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 Act) transaction made on or after the appointed day A transaction shall be deemed to have been initiated before the appointed day if either the invoice relating to such supply or payment, either in full or in part, has been
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er 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 Additional Director General of IGST. First Appellate Authority Additional Commissioners of IGST, or Additional Directors of IGST, Joint Commissioners of IGST, or Joint Directors of IGST, Deputy Commissioner of IGST, or Deputy Director of IGST, Assistant Commissioner of IGST, or Assistant
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