Goods and Services Tax

GST on used empty cartoons/bobbins/corrugated boxes
Query (Issue) Started By: – Narendra Soni Dated:- 5-7-2017 Last Reply Date:- 6-7-2017 Goods and Services Tax – GST
Got 1 Reply
GST
Dear experts,
Kindly suggest, whether GST is applicable on used empty cartoons/bobbins/corrugated boxes at the time of sale, if yes, GST rates please.
Reply By KASTURI SETHI:
The Reply:
Dear Querist,
Before 1.7.17, these were exempted by way of Board's circular based on the judgement of Supreme

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Unregistered person sended goods to Registered person (inter-state)
Query (Issue) Started By: – suresh kumar Dated:- 5-7-2017 Last Reply Date:- 7-7-2017 Goods and Services Tax – GST
Got 3 Replies
GST
Dear Experts,
If a unregistered person sended goods to registered person inter-state How RCM applies to recipient
and how the format of invoice will generate.
Reply By M RAJKUMAR:
The Reply:
1. RCM will not applied in this case because
As per Section 24 of Goods and Services Tax Ac

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Meaning of registered brand name in the context of GST rates; CGST rate of 5% will not be applicable on the supply of goods unless the brand name or trade name is actually on the Register of Trade Marks and is in force under the Trade Marks Act, 1999.
GST
Dated:- 5-7-2017

The Central GST (CGST) rate on supply of certain goods, such as chena or paneer, natural honey, wheat, rice and other cereals, pulses, flour of cereals and pulses, other than those put up in unit container and bearing a registered brand name, is NIL. Supply of such goods, when put up in unit container and bearing a registered brand name attracts 2.5% CGST rate.
Doubts are being raised as to the meaning of registered brand name. In this context, the Notificat

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Goods and services tax practitioners.
Section 48
GST – States
RETURNS
Gujarat Goods and Services Tax Act, 2017
Goods and services tax practitioners.
48. (1) The manner of approval of goods and services tax practitioners, their eligibility conditions, duties and obligations, manner of removal and other conditions relevant for their functioning shall be such as may be prescribed.
(2) A registered person may authorise an approved goods and services tax practitioner to furnish the d

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Rule 162
Procedure for compounding of offences.
GST
Offences and Penalties
Rule 162 of Central Goods and Services Tax Rules, 2017
CHAPTER – XIX
OFFENCES AND PENALTIES
Procedure for compounding of offences.-
162. (1) An applicant may, either before or after the institution of prosecution, make an application under sub-section (1) of section 138 in FORM GST CPD-01 to the Commissioner for compounding of an offence.
(2) On receipt of the application, the Commissioner shall call for a report from the concerned officer with reference to the particulars furnished in the application, or any other information, which may be considered relevant for the examination of such application.
(3) The Commissioner, after taking into account the contents of the said application, may, by order in FORM GST CPD-02, on being satisfied that the applicant 1[****] has made full and true disclosure of facts relating to the case, allow the application indicating the compounding amount and grant

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or the amount of refund wrongly taken, subject to minimum of forty per cent of such amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken.  
2
Offence specified in clause (c) of sub-section (1) of section 132 of the Act
3
Offence specified in clause (d) of sub-section (1) of section 132 of the Act
4
Offence specified in clause (e) of sub-section (1) of section 132 of the Act
5
Offence specified in clause (f) of sub-section (1) of section 132 of the Act
Amount equivalent to twenty-five per cent of tax evaded.
.
Amount equivalent to twenty-five per cent of tax evaded.
 
6
Offence specified in clause (h) of sub-section (1) of section 132 of the Act
7
Offence specified in clause (i) of sub-section (1) of section 132 of the Act
8
Attempt to commit the offences or abets the commission of offences mentioned in clause (a), (c) to (f) and clauses (h) and (i) of sub-section (1) of section 132 of the Ac

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od of thirty days from the date of the receipt of the order under sub-rule (3), pay the compounding amount as ordered by the Commissioner and shall furnish the proof of such payment to him.
(7) In case the applicant fails to pay the compounding amount within the time specified in sub-rule (6), the order made under sub-rule (3) shall be vitiated and be void.
(8) Immunity granted to a person under sub-rule (3) may, at any time, be withdrawn by the Commissioner, if he is satisfied that such person had, in the course of the compounding proceedings, concealed any material particulars or had given false evidence. Thereupon such person may be tried for the offence with respect to which immunity was granted or for any other offence that appears to have been committed by him in connection with the compounding proceedings and the provisions the Act shall apply as if no such immunity had been granted.
 
 
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NOTES:-
1.
Omitted vide Notification No. 38/2023- Ce

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Rule 161
Continuation of certain recovery proceedings.
GST
DEMANDS AND RECOVERY
Rule 161 of Central Goods and Services Tax Rules, 2017
Continuation of certain recovery proceedings.-
161. The 1[intimation or notice] for the reduction or enhancement of any demand under section 84 shall be issued in FORM GST DRC- 25.
 
 
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NOTES:-
1.
Substituted vide Notification No. 26/2022 – Central Tax dated 26-12-2022 before it was read as, “order”
–
Statute,

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Rule 160
Recovery from company in liquidation.
GST
DEMANDS AND RECOVERY
Rule 160 of Central Goods and Services Tax Rules, 2017
Recovery from company in liquidation.-
160. Where the company is under liquidation as specified in section 88, the Commissioner shall notify the liquidator for the recovery of any amount representing tax, interest, penalty or any other amount due under the Act in FORM GST DRC -24.
–
Statute, statutory provisions legislation, law, enactment, Acts, Ru

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Rule 159
Provisional attachment of property.
GST
DEMANDS AND RECOVERY
Rule 159 of Central Goods and Services Tax Rules, 2017
Provisional attachment of property.-
159. (1) Where the Commissioner decides to attach any property, including bank account in accordance with the provisions of section 83, he shall pass an order in FORM GST DRC-22 to that effect mentioning therein, the details of property which is attached.
(2) The Commissioner shall send a copy of the order of attachment 1[in FORM GST DRC-22] to the concerned Revenue Authority or Transport Authority or any such Authority to place encumbrance on the said movable or immovable property, which shall be removed only on the written instructions from the Commissioner

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dous nature, the Commissioner may dispose of such property and the amount realized thereby shall be adjusted against the tax, interest, penalty, fee or any other amount payable by 5A[such person].
(5) Any person whose property is attached may 6[file an objection in FORM GST DRC-22A] to the effect that the property attached was or is not liable to attachment, and the Commissioner may, after affording an opportunity of being heard to the person filing the objection, release the said property by an order in FORM GST DRC- 23.
(6) The Commissioner may, upon being satisfied that the property was, or is no longer liable for attachment, release such property by issuing an order in FORM GST DRC- 23.
 
 
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NOTES:-
1.
In

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Rule 158
Payment of tax and other amounts in instalments.
GST
DEMANDS AND RECOVERY
Rule 158 of Central Goods and Services Tax Rules, 2017
Payment of tax and other amounts in instalments.-
158. (1) On an application filed electronically by a taxable person, in FORM GST DRC- 20, seeking extension of time for the payment of taxes or any amount due under the Act or for allowing payment of such taxes or amount in instalments in accordance with the provisions of section 80, the Commissioner shall call for a report from the jurisdictional officer about the financial ability of the taxable person to pay the said amount.
(2) Upon consideration of the request of the taxable person and the report of the jurisdictional officer, the Com

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Recovery from surety.
Rule 157
GST
DEMANDS AND RECOVERY
Central Goods and Services Tax Rules, 2017
Recovery from surety.-
157. Where any person has become surety for the amount due by

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Rule 156
Recovery through court.
GST
DEMANDS AND RECOVERY
Rule 156 of Central Goods and Services Tax Rules, 2017
Recovery through court.-
156. Where an amount is to be recovered as if it were a fine imposed under the Code of Criminal Procedure, 1973, the proper officer shall make an application before the appropriate Magistrate in accordance with the provisions of clause (f) of sub-section (1) of section 79 in FORM GST DRC- 19 to recover from the person concerned, the amount spec

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Rule 155
Recovery through land revenue authority.
GST
DEMANDS AND RECOVERY
Rule 155 of Central Goods and Services Tax Rules, 2017
Recovery through land revenue authority.-
155. Where an amount is to be recovered in accordance with the provisions of clause (e) of sub-section (1) of section 79, the proper officer shall send a certificate to the Collector or Deputy Commissioner of the district or any other officer authorised in this behalf in FORM GST DRC- 18 to recover from the per

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Rule 154
Disposal of proceeds of sale of goods and movable or immovable property.
GST
DEMANDS AND RECOVERY
Rule 154 of Central Goods and Services Tax Rules, 2017
1[Disposal of proceeds of sale of goods or conveyance and movable or immovable property.-
154. (1) The amounts so realised from the sale of goods or conveyance, movable or immovable property, for the recovery of dues from a defaulter or for recovery of penalty payable under sub-section (3) of section 129 shall,-
(a) first, be appropriated against the administrative cost of the recovery process;
(b) next, be appropriated against the amount to be recovered or to the payment of the penalty payable under sub-section (3) of section 129, as the case may be;
(c) next

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od of six months from the date of sale of such goods or conveyance or such further period as the proper officer may allow, such balance of sale proceeds shall be deposited with the Fund;]
 
 
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NOTES:-
1. 
Substituted vide Notification No. 40/2021 – Central Tax dated 29-12-2021 w.e.f. 01-01-2022 before it was read as,
“Disposal of proceeds of sale of goods and movable or immovable property.-
154. The amounts so realised from the sale of goods, movable or immovable property, for the recovery of dues from a defaulter shall,-
(a) first, be appropriated against the administrative cost of the recovery process;
(b) next, be appropriated against the amount to be recovered;
(c) next, be app

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Rule 153
Attachment of interest in partnership.
GST
DEMANDS AND RECOVERY
Rule 153 of Central Goods and Services Tax Rules, 2017
Attachment of interest in partnership.-
153. (1) Where the property to be attached consists of an interest of the defaulter, being a partner, in the partnership property, the proper officer may make an order charging the share of such partner in the partnership property and profits with payment of the amount due under the certificate, and may, by the sam

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Attachment of property in custody of courts or Public Officer.
Rule 152
GST
DEMANDS AND RECOVERY
Central Goods and Services Tax Rules, 2017
Attachment of property in custody of courts or Public Officer.-
152. Where the property to be attached is in the custody of any court or Public Officer, the proper officer shall send the order of attachment to such court or officer, requesting that such property, and any interest or dividend becoming payable thereon, may be held till the reco

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Rule 151
Attachment of debts and shares, etc.
GST
DEMANDS AND RECOVERY
Rule 151 of Central Goods and Services Tax Rules, 2017
Attachment of debts and shares, etc.-
151. (1) A debt not secured by a negotiable instrument, a share in a corporation, or other movable property not in the possession of the defaulter except for property deposited in, or in the custody of any court shall be attached by a written order in FORM GST DRC-16 prohibiting.-
(a) in the case of a debt, the credit

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Assistance by police.
Rule 150
GST
DEMANDS AND RECOVERY
Central Goods and Services Tax Rules, 2017
Assistance by police.-
150. The proper officer may seek such assistance from the officer-in-charge of the jurisdictional police station as may be necessary in the discharge of his duties and the said officer-in-charge shall depute sufficient number of police officers for providing such assistance.
–
Statute, statutory provisions legislation, law, enactment, Acts, Rules, Regulat

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Prohibition against sale on holidays.
Rule 149
GST
DEMANDS AND RECOVERY
Central Goods and Services Tax Rules, 2017
Prohibition against sale on holidays.-
149. No sale under the rules under the provision of this chapter shall take place on a Sunday or other general holidays recognized by the Government or on any day which has been notified by the Government to be a holiday for the area in which the sale is to take place.
–
Statute, statutory provisions legislation, law, enact

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Prohibition against bidding or purchase by officer.
Rule 148
GST
DEMANDS AND RECOVERY
Central Goods and Services Tax Rules, 2017
Prohibition against bidding or purchase by officer.-
148. No officer or other person having any duty to perform in connection with any sale under the provisions of this Chapter shall, either directly or indirectly, bid for, acquire or attempt to acquire any interest in the property sold.
–
Statute, statutory provisions legislation, law, enactment,

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Rule 147
Recovery by sale of movable or immovable property.-
GST
DEMANDS AND RECOVERY
Rule 147 of Central Goods and Services Tax Rules, 2017
Recovery by sale of movable or immovable property.-
147. (1) The proper officer shall prepare a list of movable and immovable property belonging to the defaulter, estimate their value as per the prevalent market price and issue an order of attachment or distraint and a notice for sale in FORM GST DRC- 16 prohibiting any transaction with regard to such movable and immovable property as may be required for the recovery of the amount due:
Provided that the attachment of any property in a debt not secured by a negotiable instrument, a share in a corporation, or other movable property not in the possession of the defaulter except for property deposited in, or in the custody of any Court, shall be attached in the manner provided in rule 151.
(2) The proper officer shall send a copy of the order of attachment or distraint to the concern

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of this Chapter, where the property to be sold is a negotiable instrument or a share in a corporation, the proper officer may, instead of selling it by public auction, sell such instrument or a share through a broker and the said broker shall deposit to the Government so much of the proceeds of such sale, reduced by his commission, as may be required for the discharge of the amount under recovery and pay the amount remaining, if any, to the owner of such instrument or a share.
(6) The proper officer may specify the amount of pre-bid deposit to be furnished in the manner specified by such officer, to make the bidders eligible to participate in the auction, which may be returned to the unsuccessful bidders or, forfeited in case the successful bidder fails to make the payment of the full amount, as the case may be.
(7) The last day for the submission of the bid or the date of the auction shall not be earlier than fifteen days from the date of issue of the notice referred to in sub-rule

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being in the possession of the defaulter on the said date, it was in his possession, not on his own account or as his own property, but on account of or in trust for any other person, or partly on his own account and partly on account of some other person, the proper officer shall make an order releasing the property, wholly or to such extent as he thinks fit, from attachment or distraint.
(11) Where the proper officer is satisfied that the property was, on the said date, in the possession of the defaulter as his own property and not on account of any other person, or was in the possession of some other person in trust for him, or in the occupancy of a tenant or other person paying rent to him, the proper officer shall reject the claim and proceed with the process of sale through auction.
(12) The proper officer shall issue a notice to the successful bidder in FORM GST DRC-11 requiring him to make the payment within a period of fifteen days from the date of such notice and after the

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Rule 146
Recovery through execution of a decree, etc.
GST
DEMANDS AND RECOVERY
Rule 146 of Central Goods and Services Tax Rules, 2017
Recovery through execution of a decree, etc.-
146. Where any amount is payable to the defaulter in the execution of a decree of a civil court for the payment of money or for sale in the enforcement of a mortgage or charge, the proper officer shall send a request in FORM GST DRC- 15 to the said court and the court shall, subject to the provisions of

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Rule 145
Recovery from a third person.
GST
DEMANDS AND RECOVERY
Rule 145 of Central Goods and Services Tax Rules, 2017
Recovery from a third person.-
145. (1) The proper officer may serve upon a person referred to in clause (c) of sub-section (1) of section 79 (hereafter referred to in this rule as “the third person”), a notice in FORM GST DRC-13 directing him to deposit the amount specified in the notice.
(2) Where the third person makes the payment of the amount specified in t

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Rule 144
Recovery by sale of goods under the control of proper officer.
GST
DEMANDS AND RECOVERY
Rule 144 of Central Goods and Services Tax Rules, 2017
Recovery by sale of goods under the control of proper officer.-
144. (1) Where any amount due from a defaulter is to be recovered by selling goods belonging to such person in accordance with the provisions of clause (b) of sub-section (1) of section 79, the proper officer shall prepare an inventory and estimate the market value of such goods and proceed to sell only so much of the goods as may be required for recovering the amount payable along with the administrative expenditure incurred on the recovery process.
(2) The said goods shall be sold through a process of auction,

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n case the successful bidder fails to make the payment of the full amount, as the case may be.
(5) The proper officer shall issue a notice to the successful bidder in FORM GST DRC-11 requiring him to make the payment within a period of fifteen days from the date of auction. On payment of the full bid amount, the proper officer shall transfer the possession of the said goods to the successful bidder and issue a certificate in FORM GST DRC-12.
(6) Where the defaulter pays the amount under recovery, including any expenses incurred on the process of recovery, before the issue of the notice under sub-rule (2), the proper officer shall cancel the process of auction and release the goods.
(7) The proper officer shall cancel the process and proc

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Rule 143
Recovery by deduction from any money owed.
GST
DEMANDS AND RECOVERY
Rule 143 of Central Goods and Services Tax Rules, 2017
Recovery by deduction from any money owed.-
143. Where any amount payable by a person (hereafter referred to in this rule as “the defaulter”) to the Government under any of the provisions of the Act or the rules made thereunder is not paid, the proper officer may require, in FORM GST DRC-09, a specified officer to deduct the amount from any money owi

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Rule 142
Notice and order for demand of amounts payable under the Act.
GST
DEMANDS AND RECOVERY
Rule 142 of Central Goods and Services Tax Rules, 2017
CHAPTER – XVIII
DEMANDS AND RECOVERY
4[142. Notice and order for demand of amounts payable under the Act.-
(1) The proper officer shall serve, along with the
(a) notice issued under section 52 or section 73 or section 74 16[or section 74A] or section 76 or section 122 or section 123 or section 124 or section 125 or section 127 or section 129 or section 130, a summary thereof electronically in FORM GST DRC-01,
(b) statement under sub-section (3) of section 73 or sub-section (3) of section 74 17[or sub-section (3) of section 74A], a summary thereof electronically in FORM GST DRC-02, specifying therein the details of the amount payable.
5[(1A) The 8[proper officer may], before service of notice to the person chargeable with tax, interest and penalty, under sub-section (1) of Section 73 or sub-section (1) of Section 7

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n portal electronically.]
7[(2A) Where the person referred to in sub-rule (1A) has made partial payment of the amount communicated to him or desires to file any submissions against the proposed liability, he may make such submission in Part B of FORM GST DRC-01A 14[, and thereafter the proper officer may issue an intimation in Part-C of FORM GST DRC-01A, accepting the payment or the submissions or both, as the case may be, made by the said person.]]
15[(2B) Where an amount of tax, interest, penalty or any other amount payable by a person under section 52 or section 73 or section 74 20[or section 74A] or section 76 or section 122 or section 123 or section 124 or section 125 or section 127 or section 129 or section 130, has been paid by the said person through an intimation in FORM GST DRC-03 under sub-rule (2), instead of crediting the said amount in the electronic liability register in FORM GST PMT -01 against the debit entry created for the said demand, the said person may file an a

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specified therein, or where the person concerned makes payment of the amount referred to in sub-section (1) of section 129 within seven days of the notice issued under sub-section (3) of that Section but before the issuance of order under the said sub-section (3), he shall intimate the proper officer of such payment in FORM GST DRC-03 and the proper officer shall issue an intimation in FORM GST DRC-05 concluding the proceedings in respect of the said notice.]
(4) The representation referred to in sub-section (9) of section 73 or sub-section (9) of section 74 22[or sub-section (6) of section 74A] or sub-section (3) of section 76 or the reply to any notice issued under any section whose summary has been uploaded electronically in FORM GST DRC-01 under sub-rule (1) shall be furnished in FORM GST DRC-06.
(5) A summary of the order issued under section 52 or section 62 or section 63 or section 64 or section 73 or section 74 23[or section 74A] or section 75 or section 76 or section 122 or

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w.e.f. 01-04-2019 before it was read as,
“Notice and order for demand of amounts payable under the Act.-
142. (1) The proper officer shall serve, along with the
(a) notice under sub-section (1) of section 73 or sub-section (1) of section 74 or sub-section (2) of section 76, a summary thereof electronically in FORM GST DRC-01,
(b) statement under sub-section (3) of section 73 or sub-section (3) of section 74, a summary thereof electronically in FORM GST DRC-02, specifying therein the details of the amount payable.
(2) Where, before the service of notice or statement, the person chargeable with tax makes payment of the tax and interest in accordance with the provisions of sub-section (5) of section 73 or, as the case may be, tax, interest and penalty in accordance with the provisions of sub-section (5) of section 74, he shall inform the proper officer of such payment in FORM GST DRC-03 and the proper officer shall issue an acknowledgement, accepting the payment made by the sai

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y the person chargeable with tax.
(6) The order referred to in sub-rule (5) shall be treated as the notice for recovery.
(7) Any rectification of the order, in accordance with the provisions of section 161, shall be made by the proper officer in FORM GST DRC-08.'”
5.
Inserted vide Notification No. 49/2019 – Central Tax dated 09-10-2019
6.
Inserted vide Notification No. 49/2019 – Central Tax dated 09-10-2019
7.
Inserted vide Notification No. 49/2019 – Central Tax dated 09-10-2019
8. 
Substituted vide Notification No. 79/2020 – Central Tax dated 15-10-2020 before it was read as, “proper officer shall”
9.
Substituted vide Notification No. 79/2020 – Central Tax dated 15-10-2020 before it was read as, “shall communicate”
10. 
Substituted vide Notification No. 40/2021 – Central Tax dated 29-12-2021 w.e.f. 01-01-2022 before it was read as,
“fourteen days of detention or seizure of the goods and conveyance”
11. 
Substitu

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-11-2024
17. 
Inserted vide Notification No. 20/2024 – Central Tax dated 08-10-2024 w.e.f. 01-11-2024
18. 
Inserted vide Notification No. 20/2024 – Central Tax dated 08-10-2024 w.e.f. 01-11-2024
19. 
Substituted vide Notification No. 20/2024 – Central Tax dated 08-10-2024 w.e.f. 01-11-2024 before it was read as, 
“or, as the case may be, tax, interest and penalty in accordance with the provisions of sub-section (5) of section 74”
20. 
Inserted vide Notification No. 20/2024 – Central Tax dated 08-10-2024 w.e.f. 01-11-2024
21. 
Substituted vide Notification No. 20/2024 – Central Tax dated 08-10-2024 w.e.f. 01-11-2024 before it was read as, 
“(3) Where the person chargeable with tax makes payment of tax and interest under sub-section (8) of section 73 or, as the case may be, tax, interest and penalty under sub-section (8) of section 74 within thirty days of the servi

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