Goods and Services Tax

Section 2 – GST – States – PRELIMINARY – Goa Goods and Services Tax Act, 2017 – Act-Rules – 2. Definitions.- In this Act, unless the context otherwise requires, (1) actionable claim shall have the same meaning as assigned to it in section 3 of the Transfer of Property Act, 1882; (Central Act 4 of 1882) (2) address of delivery means the address of the recipient of goods or services or both indicated on the tax invoice issued by a registered person for delivery of such goods or services or both; (3) address on record means the address of the recipient as available in the records of the supplier; (4) adjudicating authority means any authority, appointed or authorised to pass any order or decision under this Act, but does not include the Commissioner, Revisional Authority, the Authority for Advance Ruling, the Appellate Authority for Advance Ruling, the Appellate Authority and the Appellate Tribunal; (5) agent means a person, including a factor, broker, co

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an authority appointed or authorised to hear appeals as referred to in section 107; (9) Appellate Tribunal means the Goods and Services Tax Appellate Tribunal referred to in section 109; (10) appointed day means the date on which the provisions of this Act shall come into force; (11) assessment means determination of tax liability under this Act and includes self-assessment, re-assessment, provisional assessment, summary assessment and best judgement assessment; (12) associated enterprises shall have the same meaning as assigned to it in section 92A of the Income-tax Act, 1961; (Central Act 43 of 1961) (13) audit means the examination of records, returns and other documents maintained or furnished by the registered person under this Act or the rules made thereunder or under any other law for the time being in force to verify the correctness of turnover declared, taxes paid, refund claimed and input tax credit availed, and to assess his compliance with the provi

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ment or closure of business; (e) provision by a club, association, society, or any such body (for a subscription or any other consideration) of the facilities or benefits to its members; (f) admission, for a consideration, of persons to any premises; (g) services supplied by a person as the holder of an office which has been accepted by him in the course or furtherance of his trade, profession or vocation; (h) services provided by a race club by way of totalisator or a licence to book maker in such club; and (i) any activity or transaction undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities; (18) business vertical means a distinguishable component of an enterprise that is engaged in the supply of individual goods or services or a group of related goods or services which is subject to risks and returns that are different from those of the other business verticals. Explanation.- For the pur

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al tax means the central goods and services tax levied under section 9 of the Central Goods and Services Tax Act, 2017; (Central Act 12 of 2017) (22) cess shall have the same meaning as assigned to it in the Goods and Services Tax (Compensation to States) Act; (23) chartered accountant means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949; (Central Act 38 of 1949) (24) Commissioner means the Commissioner of State tax appointed under section 3; (25) Commissioner in the Board means the Commissioner referred to in section 168 of the Central Goods and Services Tax Act; (26) common portal means the common goods and services tax electronic portal referred to in section 146; (27) common working days shall mean such days in succession which are not declared as gazetted holidays by the Central Government or the Government of Goa; (28) company secretary means a company secretary as defined

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recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government; (b) the monetary value of any act or forbearance, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government: Provided that a deposit given in respect of the supply of goods or services or both shall not be considered as payment made for such supply unless the supplier applies such deposit as consideration for the said supply; (32) continuous supply of goods means a supply of goods which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, whether or not by means of a wire, cable, pipeline or other conduit, and for which the supplier invoices the recipient on a regular or periodic basis and includes supply of such goods as the Government may, s

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eemed exports means such supplies of goods as may be notified under section 147; (40) designated authority means such authority as may be notified by the Commissioner; (41) document includes written or printed record of any sort and electronic record as defined in clause (t) of section 2 of the Information Technology Act, 2000 (Central Act 21 of 2000); (42) drawback in relation to any goods manufactured in India and exported, means the rebate of duty, tax or cess chargeable on any imported inputs or on any domestic inputs or input services used in the manufacture of such goods; (43) electronic cash ledger means the electronic cash ledger referred to in subsection (1) of section 49; (44) electronic commerce means the supply of goods or services or both, including digital products over digital or electronic network; (45) electronic commerce operator means any person who owns, operates or manages digital or electronic facility or platform for electronic comm

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hich is characterised by a sufficient degree of permanence and suitable structure in terms of human and technical resources to supply services, or to receive and use services for its own needs; (51) Fund means the Consumer Welfare Fund established under section 57; (52) goods means every kind of movable property other than money and securities but includes actionable claim, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply; (53) Government means the Government of Goa; (54) Goods and Services Tax (Compensation to States) Act means the Goods and Services Tax (Compensation to States) Act, 2017; (Central Act 15 of 2017) (55) goods and services tax practitioner means any person who has been approved under section 48 to act as such practitioner; (56) India means the territory of India as referred to in article 1 of the Constitution, its territorial waters, seabed an

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t of input services and issues a prescribed document for the purposes of distributing the credit of central tax, State tax, integrated tax or Union territory tax paid on the said services to a supplier of taxable goods or services or both having the same Permanent Account Number as that of the said office; (62) input tax in relation to a registered person, means the central tax, State tax, integrated tax or Union territory tax charged on any supply of goods or services or both made to him and includes (a) the integrated goods and services tax charged on import of goods; (b) the tax payable under the provisions of sub-sections (3) and (4) of section 9; (c) the tax payable under the provisions of sub-sections (3) and (4) of section 5 of the Integrated Goods and Services Tax Act; or (d) the tax payable under the provisions of sub-sections (3) and (4) of section 9 of the Central Goods and Services Tax Act, but does not include the tax paid under the composition levy;

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(c) a Municipal Committee, a Zilla Parishad, a District Board, and any other authority legally entitled to, or entrusted by the Central Government or any State Government with the control or management of a municipal or local fund; (d) a Cantonment Board as defined in section 3 of the Cantonments Act, 2006; (Central Act 41 of 2006) (e) a Regional Council or a District Council constituted under the Sixth Schedule to the Constitution; (f) a Development Board constituted under article 371 of the Constitution; or (g) a Regional Council constituted under article 371A of the Constitution; (70) location of the recipient of services means,- (a) where a supply is received at a place of business for which the registration has been obtained, the location of such place of business; (b) where a supply is received at a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment;

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supplier; (72) manufacture means processing of raw material or inputs in any manner that results in emergence of a new product having a distinct name, character and use and the term manufacturer shall be construed accordingly; (73) market value shall mean the full amount which a recipient of a supply is required to pay in order to obtain the goods or services or both of like kind and quality at or about the same time and at the same commercial level where the recipient and the supplier are not related; (74) mixed supply means two or more individual supplies of goods or services, or any combination thereof, made in conjunction with each other by a taxable person for a single price where such supply does not constitute a composite supply. Illustration: A supply of a package consisting of canned foods, sweets, chocolates, cakes, dry fruits, aerated drinks and fruit juices when supplied for a single price is a mixed supply. Each of these items can be supplied separate

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non-taxable supply means a supply of goods or services or both which is not leviable to tax under this Act or under the Integrated Goods and Services Tax Act; (79) non-taxable territory means the territory which is outside the taxable territory; (80) notification means a notification published in the Official Gazette and the expressions notify and notified shall be construed accordingly; (81) other territory includes territories other than those comprising in a State and those referred to in sub-clauses (a) to (e) of clause (114); (82) output tax in relation to a taxable person, means the tax chargeable under this Act on taxable supply of goods or services or both made by him or by his agent but excludes tax payable by him on reverse charge basis; (83) outward supply in relation to a taxable person, means supply of goods or services or both, whether by sale, transfer, barter, exchange, licence, rental, lease or disposal or any other mode, made or agreed t

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place of business includes (a) a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, supplies or receives goods or services or both; or (b) a place where a taxable person maintains his books of account; or (c) a place where a taxable person is engaged in business through an agent, by whatever name called; (86) place of supply means the place of supply as referred to in Chapter V of the Integrated Goods and Services Tax Act; (87) prescribed means prescribed by rules made under this Act on the recommendations of the Council; (88) principal means a person on whose behalf an agent carries on the business of supply or receipt of goods or services or both; (89) principal place of business means the place of business specified as the principal place of business in the certificate of registration; (90) principal supply means the supply of goods or services w

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service is rendered, and any reference to a person to whom a supply is made shall be construed as a reference to the recipient of the supply and shall include an agent acting as such on behalf of the recipient in relation to the goods or services or both supplied; (94) registered person means a person who is registered under section 25 but does not include a person having a Unique Identity Number. (95) regulations means the regulations made by the Government under this Act on the recommendations of the Council; (96) removal in relation to goods, means- (a) despatch of the goods for delivery by the supplier thereof or by any other person acting on behalf of such supplier; or (b) collection of the goods by the recipient thereof or by any other person acting on behalf of such recipient; (97) return means any return prescribed or otherwise required to be furnished by or under this Act or the rules made thereunder; (98) reverse charge means the liability

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(104) State tax means the tax levied under this Act; (105) supplier in relation to any goods or services or both, shall mean the person supplying the said goods or services or both and shall include an agent acting as such on behalf of such supplier in relation to the goods or services or both supplied; (106) tax period means the period for which the return is required to be furnished; (107) taxable person means a person who is registered or liable to be registered under section 22 or section 24; (108) taxable supply means a supply of goods or services or both which is leviable to tax under this Act; (109) taxable territory means the territory to which the provisions of this Act apply; (110) telecommunication service means service of any description (including electronic mail, voice mail, data services, audio text services, video text services, radio paging and cellular mobile telephone services) which is made available to users by means of any tra

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ritory of,- (a) the Andaman and Nicobar Islands; (b) Lakshadweep; (c) Dadra and Nagar Haveli; (d) Daman and Diu; (e) Chandigarh; and (f) other territory; Explanation.- For the purposes of this Act, each of the territories specified in sub-clauses (a) to (f) shall be considered to be a separate Union territory. (115) Union territory tax means the Union territory goods and services tax levied under the Union Territory Goods and Services Tax Act; (116) Union Territory Goods and Services Tax Act means the Union Territory Goods and Services Tax Act, 2017; (Central Act 14 of 2017) (117) valid return means a return furnished under sub-section (1) of section 39 on which self-assessed tax has been paid in full; (118) voucher means an instrument where there is an obligation to accept it as consideration or part consideration for a supply of goods or services or both and where the goods or services or both to be supplied or the identities of their potentia

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Section 90 – GST – States – LIABILITY TO PAY IN CERTAIN CASES – Goa Goods and Services Tax Act, 2017 – Act-Rules – 90. Liability of patners of firm to pay tax.- Notwithstanding any contract to the contrary and any other law for the time being in force, where any firm is liable to pay any tax, interest or penalty under this Act, the firm and each of the partners of the firm shall, jointly and severally, be liable for such payment: Provided that where any partner retires from the firm,

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Section 89 – GST – States – LIABILITY TO PAY IN CERTAIN CASES – Goa Goods and Services Tax Act, 2017 – Act-Rules – 89. Liability of directors of private company.- (1) Notwithstanding anything contained in the Companies Act, 2013, Central Act 18 of 2013. where any tax, interest or penalty due from a private company in respect of any supply of goods or services or both for any period cannot be recovered, then, every person who was a director of the private company during such period shall, jointly and severally, be liable for the payment of such tax, interest or penalty unless he proves that the non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company.

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Section 88 – GST – States – LIABILITY TO PAY IN CERTAIN CASES – Goa Goods and Services Tax Act, 2017 – Act-Rules – 88. Liability in case of company in liquidation.- (1) When any company is being wound up whether under the orders of a court or Tribunal or otherwise, every person appointed as receiver of any assets of a company (hereafter in this section referred to as the liquidator ), shall, within thirty days after his appointment, give intimation of his appointment to the Commissioner. (2) The Commissioner shall, after making such inquiry or calling for such information as he may deem fit, notify the liquidator within three months from the date on which he receives intimation of the appointment of the liquidator, the amount whi

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Section 1 – GST – States – PRELIMINARY – Goa Goods and Services Tax Act, 2017 – Act-Rules – GOVERNMENT OF GOA Department of Law Judiciary Legal Affairs Division Notification 7-6-2017/LA The Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017), which has been passed by the Legislative Assembly of Goa on 9-5-2017 and assented to by the Governor of Goa on 23-5-2017, is hereby published for general information of the public. Sharad G. Marathe, Additional Secretary (Law). Porvorim, 26th May, 2017. THE GOA GOODS AND SERVICES TAX ACT, 2017 (Goa Act 4 of 2017) [23-5-2017] AN ACT to make a provision for levy and collection of tax on intra-State supply of goods or services or both by

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Section 87 – GST – States – LIABILITY TO PAY IN CERTAIN CASES – Goa Goods and Services Tax Act, 2017 – Act-Rules – 87. Liability in case of amalgamation or merger of companies.- (1) When two or more companies are amalgamated or merged in pursuance of an order of court or of Tribunal or otherwise and the order is to take effect from a date earlier to the date of the order and any two or more of such companies have supplied or received any goods or services or both to or from each other du

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Section 86 – GST – States – LIABILITY TO PAY IN CERTAIN CASES – Goa Goods and Services Tax Act, 2017 – Act-Rules – 86. Liability of agent and principal.- Where an agent supplies or receives any taxable goods on behalf of his principal, such agent and his principal shall, jointly and severally, be liable to pay the tax payable on such goods under this Act. – – statute, statutory provisions legislation, law, enactment, Acts, Rules, Regulations, Taxation Tax Management India – taxmanagem

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Section 85 – GST – States – LIABILITY TO PAY IN CERTAIN CASES – Goa Goods and Services Tax Act, 2017 – Act-Rules – CHAPTER XVI Liability to Pay in Certain Cases 85. Liability in case of transfer of business .- (1) Where a taxable person, liable to pay tax under this Act, transfers his business in whole or in part, by sale, gift, lease, leave and license, hire or in any other manner whatsoever, the taxable person and the person to whom the business is so transferred shall, jointl

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REVISED GST RATE FOR CERTAIN GOODS [As per discussions in the 16th GST Council Meeting held on 11th June, 2017] – Goods and Services Tax – GST – Dated:- 12-6-2017 – REVISED GST RATE FOR CERTAIN GOODS [As per discussions in the 16th GST Council Meeting held on 11th June, 2017] S. No. Chapter / Heading / Subheading / Tariff item Description of goods Earlier GST rate approved by the GST Council Revised GST Rate approved by the GST Council 1. 0506, 0507 90 Bones and horn cores, bone grist, bone meal, etc.; hoof meal, horn meal, etc. 5% 0% 2. 0801 Cashew nut 12% 5% 3. 0801 Cashew nut in shell 12% 5% [under reverse charge] 4. 0806 Raisin 12% 5% 5. 1104 Cereal grains hulled 5% 0% 6. 1702 Palmyra jaggery 18% 0% 7. 20 [All goods] Preparations of vegetables, fruits, nuts or other parts of plants, including pickle, murabba, chutney, jam, jelly 18%/12% 12% 8. 2103, 2103 00, 2103 90 90 Ketchup & Sauces [other than curry paste; mayonnaise and salad dressings; mixed condiments and mixed seasoning

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n leather; (ii) Toilet cases [4202 12 10]; (iii)Hand bags and shopping bags of artificial plastic material [4202 22 10], of cotton [4202 22 20], of jute [4202 22 30], vanity bags [4202 22 40]; (iv) Handbags of other materials excluding wicker work or basket work [4202 29 10]. 28% 18% 25. 4820 Exercise books and note books 18% 12% 26. 4823 Kites 12% 5% 27. 4903 Children s' picture, drawing or colouring books 12% Nil 28. 57 Coir mats, matting and floor covering 12% 5% 29. 65 [All goods] Headgear and parts thereof 28% 18% 30. 6703 Human hair, dressed, thinned, bleached or otherwise worked 28% 0% 31. 68 Fly ash blocks 28% 12% 32. 6810 11 90 Pre cast Concrete Pipes 28% 18% 33. 6906 Salt Glazed Stone Ware Pipes 28% 18% 34. 7015 10 Glasses for corrective spectacles and flint buttons 18% 12% 35. 71 Rough precious and semi-precious stones 3% 0.25% 36. 7607 Aluminium foil 28% 18% 37. 8215 Spoons, forks, ladles, skimmers, cake servers, fish knives, tongs 18% 12% 38. 8308 All goods, including

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nding Wires 28% 18% 56. 8544 Coaxial cables 28% 18% 57. 8544 70 Optical Fiber 28% 18% 58. 8472 Perforating or stapling machines (staplers), pencil sharpening machines 28% 18% 59. 8715 Baby carriages 28% 18% 60. 9002 Intraocular lens 18% 12% 61. 9004 Spectacles, corrective 18% 12% 62. 9017 Instruments for measuring length, for use in the hand (for example, measuring rods and tapes, micrometers, callipers) 28% 18% 63. 9403 Bamboo furniture 28% 18% 64. 9504 Playing cards, chess board, carom board and other board games, like ludo, etc. [other than Video game consoles and Machines] 28% 12% 65. 9506 Swimming pools and padding pools 28% 18% 66. 9603 10 00 Muddhas made of sarkanda and phool bahari jhadoo 5% 0% 67. 9704 Postage or revenue stamps, stamp-post marks, first-day covers, etc. 12% 5% 68. 9705 Numismatic coins 12% 5% 69. 4823 90 11, 8472, 9101,9102, 9021 Braille paper, braille typewriters, braille watches, hearing aids and other appliances to compensate for a defect or disability [Thes

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Section 84 – GST – States – DEMANDS AND RECOVERY – Goa Goods and Services Tax Act, 2017 – Act-Rules – 84. Continuation and validation of certain recovery proceedings.- Where any notice of demand in respect of any tax, penalty, interest or any other amount payable under this Act, (hereafter in this section referred to as Government dues ), is served upon any taxable person or any other person and any appeal or revision application is filed or any other proceedings is initiated in respect of such Government dues, then (a) where such Government dues are enhanced in such appeal, revision or other proceedings, the Commissioner shall serve upon the taxable person or any other person another notice of demand in respect of the amount

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Section 83 – GST – States – DEMANDS AND RECOVERY – Goa Goods and Services Tax Act, 2017 – Act-Rules – 83. Provisional attachment to protect revenue in certain cases.- (1) Where during the pendency of any proceedings under section 62 or section 63 or section 64 or section 67 or section 73 or section 74, the Commissioner is of the opinion that for the purpose of protecting the interest of the Government revenue, it is necessary so to do, he may, by order in writing attach provisionally any

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Section 82 – GST – States – DEMANDS AND RECOVERY – Goa Goods and Services Tax Act, 2017 – Act-Rules – 82. Tax to be first charge on property.- Notwithstanding anything to the contrary contained in any law for the time being in force, save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, (Central Act 31 of 2016) any amount payable by a taxable person or any other person on account of tax, interest or penalty which he is liable to pay to the Government shall be a first cha

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Section 81 – GST – States – DEMANDS AND RECOVERY – Goa Goods and Services Tax Act, 2017 – Act-Rules – 81. Transfer of property to be void in certain cases.- Where a person, after any amount has become due from him, creates a charge on or parts with the property belonging to him or in his possession by way of sale, mortgage, exchange, or any other mode of transfer whatsoever of any of his properties in favour of any other person with the intention of defrauding the Government revenue, such

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Section 80 – GST – States – DEMANDS AND RECOVERY – Goa Goods and Services Tax Act, 2017 – Act-Rules – 80. Payment of tax and other amount in instalment.- On an application filed by a taxable person, the Commissioner may, for reasons to be recorded in writing, extend the time for payment or allow payment of any amount due under this Act, other than the amount due as per the liability self-assessed in any return, by such person in monthly instalments not exceeding twenty four, subject to pa

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Section 79 – GST – States – DEMANDS AND RECOVERY – Goa Goods and Services Tax Act, 2017 – Act-Rules – 79. Recovery of tax.- (1) Where any amount payable by a person to the Government under any of the provisions of this Act or the rules made thereunder is not paid, the proper officer shall proceed to recover the amount by one or more of the following modes, namely: (a) the proper officer may deduct or may require any other specified officer to deduct the amount so payable from any money owing to such person which may be under the control of the proper officer or such other specified officer; (b) the proper officer may recover or may require any other specified officer to recover the amount so payable by detaining and selling any goods belonging to such person which are under the control of the proper officer or such other specified officer; (c) (i) the proper officer may, by a notice in writing, require any other person from whom money is due or may become due to

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n pursuance thereof to the Government, he shall be deemed to be a defaulter in respect of the amount specified in the notice and all the consequences of this Act or the rules made thereunder shall follow; (iv) the officer issuing a notice under sub-clause (i) may, at any time, amend or revoke such notice or extend the time for making any payment in pursuance of the notice; (v) any person making any payment in compliance with a notice issued under sub-clause (i) shall be deemed to have made the payment under the authority of the person in default and such payment being credited to the Government shall be deemed to constitute a good and sufficient discharge of the liability of such person to the person in default to the extent of the amount specified in the receipt; (vi) any person discharging any liability to the person in default after service on him of the notice issued under sub-clause (i) shall be personally liable to the Government to the extent of the liability disc

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part of the said amount payable or of the cost of the distress or keeping of the property, remains unpaid for a period of thirty days next after any such distress, may cause the said property to be sold and with the proceeds of such sale, may satisfy the amount payable and the costs including cost of sale remaining unpaid and shall render the surplus amount, if any, to such person; (e) the proper officer may prepare a certificate signed by him specifying the amount due from such person and send it to the Collector of the district in which such person owns any property or resides or carries on his business or to any officer authorised by the Government and the said Collector or the said officer, on receipt of such certificate, shall proceed to recover from such person the amount specified thereunder as if it were an arrear of land revenue; (f) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (Central Act 2 of 1974) the proper officer may file an app

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Section 78 – GST – States – DEMANDS AND RECOVERY – Goa Goods and Services Tax Act, 2017 – Act-Rules – 78. Initiation of recovery proceedings.- Any amount payable by a taxable person in pursuance of an order passed under this Act shall be paid by such person within a period of three months from the date of service of such order failing which recovery proceedings shall be initiated: Provided that where the proper officer considers it expedient in the interest of revenue, he may, for rea

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Section 77 – GST – States – DEMANDS AND RECOVERY – Goa Goods and Services Tax Act, 2017 – Act-Rules – 77. Tax wrongfully collected and paid to Central Government or State Government.- (1) A registered person who has paid the central tax and State tax on a transaction considered by him to be an intra-State supply, but which is subsequently held to be an inter-State supply, shall be refunded the amount of taxes so paid in such manner and subject to such conditions as may be prescribed.

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Section 76 – GST – States – DEMANDS AND RECOVERY – Goa Goods and Services Tax Act, 2017 – Act-Rules – 76. Tax collected but not paid to Government.- (1) Notwithstanding anything to the contrary contained in any order or direction of any Appellate Authority or Appellate Tribunal or court or in any other provisions of this Act or the rules made thereunder or any other law for the time being in force, every person who has collected from any other person any amount as representing the tax under this Act, and has not paid the said amount to the Government, shall forthwith pay the said amount to the Government, irrespective of whether the supplies in respect of which such amount was collected are taxable or not. (2) Where any amount is

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paying the amount referred to in sub-section (1) or sub-section (3) also be liable to pay interest thereon at the rate specified under section 50 from the date such amount was collected by him to the date such amount is paid by him to the Government. (5) An opportunity of hearing shall be granted where a request is received in writing from the person to whom the notice was issued to show cause. (6) The proper officer shall issue an order within one year from the date of issue of the notice. (7) Where the issuance of order is stayed by an order of the court or Appellate Tribunal, the period of such stay shall be excluded in computing the period of one year. (8) The proper officer, in his order, shall set out the relevant facts a

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Section 75 – GST – States – DEMANDS AND RECOVERY – Goa Goods and Services Tax Act, 2017 – Act-Rules – 75. General provisions relating to determination of tax.- (1) Where the service of notice or issuance of order is stayed by an order of a court or Appellate Tribunal, the period of such stay shall be excluded in computing the period specified in sub-sections (2) and (10) of section 73 or sub-sections (2) and (10) of section 74, as the case may be. (2) Where any Appellate Authority or Appellate Tribunal or court concludes that the notice issued under sub-section (1) of section 74 is not sustainable for the reason that the charges of fraud or any wilful misstatement or suppression of facts to evade tax has not been established again

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son and adjourn the hearing for reasons to be recorded in writing: Provided that no such adjournment shall be granted for more than three times to a person during the proceedings. (6) The proper officer, in his order, shall set out the relevant facts and the basis of his decision. (7) The amount of tax, interest and penalty demanded in the order shall not be in excess of the amount specified in the notice and no demand shall be confirmed on the grounds other than the grounds specified in the notice. (8) Where the Appellate Authority or Appellate Tribunal or court modifies the amount of tax determined by the proper officer, the amount of interest and penalty shall stand modified accordingly, taking into account the amount of ta

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Court is pending, the period spent between the date of the decision of the Appellate Authority and that of the Appellate Tribunal or the date of decision of the Appellate Tribunal and that of the High Court or the date of the decision of the High Court and that of the Supreme Court shall be excluded in computing the period referred to in sub-section (10) of section 73 or sub-section (10) of section 74 where proceedings are initiated by way of issue of a show cause notice under the said sections. (12) Notwithstanding anything contained in section 73 or section 74, where any amount of self-assessed tax in accordance with a return furnished under section 39 remains unpaid, either wholly or partly, or any amount of interest payable on such t

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Goods and Services Tax – Started By: – RAJESH CHANANA – Dated:- 12-6-2017 Last Replied Date:- 12-6-2017 – Dear ExpertsWe are importing Goods which are used for manufacture of final products on which we are taken CENVAT credit on Excise duty, & SAD. We are also importing trading goods by separate Invoice & Bill of Entry and not taking any credit on CENVAT. However we take refund of SAD on goods sold in trading.Now my question is whether we can take credit on Excise duty & SAD on Open

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Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 12-6-2017 Last Replied Date:- 12-6-2017 – India is moving quickly towards the biggest tax reform Goods and Services Tax (GST). The GST Council fixed tax rates on of 1211 items, most of which will likely become cheaper as the new rates will be lower than the current effective levies. Though the reaction from the public at large is quite satisfactory however there have been few places where there might be hardships due to the rates so decided. One such good is tarpaulin. Tarpaulin falls under the Chapter head 3926. The said good was leviable to Excise duty at the rate 12.5% and VAT at the rate of 5% summing to a total of 17.5%. However under the GST law this good has been brought un

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nd house particularly if one lives in an area prone to rain, or extreme weather. The GST Rate Schedule for Goods released recently as per the discussions on rates for various commodities in the GST Council Meeting held on 18th May, 2017 prescribes the GST rate of 28% for other articles of plastics and articles of other materials of headings 3901 to 3914 thereby indicating that the residuary entry pertaining to tarpaulin sheets will also be classifiable under highest slab rate of GST. The tarpaulin users will face immense hardship if their product is liable for 28% GST because the product is not a luxury item and rather the product is meant for lower income groups and is essentially used in transportation service which is necessary amenities

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 12-6-2017 – This part of the series contains meanings of certain terms covered in Section 2 of the CGST Act, 2017. These are Non-resident Taxable Person, Output Tax, Outward Supply, Person, Place of Business, Principal Place of Business and Principal Supply. Non-resident Taxable Person [Section 2(77)] 'Non-resident taxable person' means any person who occasionally undertakes transactions involving supply of goods or services or both, whether as principal or agent or in any other capacity, but who has no fixed place of business or residence in India. Not resident taxable person has no fixed place of business or residence in India. Such person occasionally undertakes transactions of supply of goods or services or both, as agent or principal or in any other capacity. It is important to note that the features of Casual taxable person and non-resident taxable person are same except for the fact that the non-resident

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rvices made by a taxable person. It is important to note that even though tax on reverse charge basis is also payable by a taxable person but payment of such tax will not be considered to be output tax. Outward Supply [Section 2(83)] 'Outward supply' in relation to a taxable person, means supply of goods or services or both, whether by sale, transfer, barter, exchange, licence, rental, lease or disposal or any other mode, made or agreed to be made by such person in the course or furtherance of business. The term outward supply in relation to a person has been defined to mean : supply of goods and / or services, whether by sale, transfer, barter, exchange, license, rental, lease or disposal, made or agreed to be made by such person, in the course or furtherance of business, but excludes the cases where the tax is payable on reverse charge basis. The supply of goods and/or services by a person by any means in the course or furtherance of business will be treated as outward supply

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Place of Business [Section 2(85)] 'Place of business' has been defined as an inclusive definition and it includes – a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, provides or receives goods and/or services; or a place where a taxable person maintains his books of account; or a place where a taxable person is engaged in business through an agent, by whatever name called. Place of business would include the following places : place from where business is ordinarily carried on, warehouse, godown, any other place used for storing goods or place to provide or receive goods or services by taxable person, place where books of accounts are maintained by taxable person (it may be place of business of agency or any professional), place from where a taxable person is engaged in business through agent by whatever name called (like commission agent, C&F agent, consignment agent etc)

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ounts and records Principal Supply [Section 2(90)] 'Principal Supply' means the supply of goods or services which constitutes the predominant element of a composite supply and to which any other supply forming part of that composite supply is ancillary. The term principal supply needs to be read in reference to 'composite supply'. As composite supply consists of two or more than two goods and / or services, one of such will be principal supply and other goods and / or services will be termed as ancillary supply. In the case of composite supply, the rate of tax is determined in reference to rate of tax applicable on principal supply constituted in the contract of composite supply. Principal supply in a case of composite supply will be determined on the basis of predominant element of composite supply. To have this supply is the objective of the recipient of such supply and other items called ancillary items of goods and / or services act as a means for better enjoyment o

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Goods and Services Tax – Started By: – Ramakrishnan Seshadri – Dated:- 12-6-2017 Last Replied Date:- 15-6-2017 – Dear Experts,Good Morning to all.We registered ourselves with gst.We have 5 plants with different excise registration number.But our Pan no and vat no is one.Hence we have provided only one registration number under gst.Now our question is how to upload the interplant transfer invoices under gst.If two separate registration number means no issue. But we are having only one registrati

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DGFT – Trade Notice No.09/2018 – Dated:- 12-6-2017 – No.01/93/180/04/AM-18/PC-2(B) Government of India Ministry of Commerce & Industry Directorate General of Foreign Trade Udyog Bhawan, New Delhi Dated 12.06.2017 Trade Notice No. 09 To 1. All IEC holders/applicants 2. All EPCs / All Chambers of Trade and Industries 3. FIEO/ASSOCHAM/CII 4. All RA's of DGFT 5. All field formations of Customs Sub: Changes in IEC with the introduction of GST-regd. The Foreign Trade (Development & Regulation) Act, 1992 provides that no person shall make any import or export except under an Importer Exporter Code (IEC) number, granted by the Director General of Foreign Trade or the officer authorized by the Director General in this behalf. Further, P

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y assumes importance as identifier at the transaction level. In view of this, it has been decided that importer/exporter would need to declare only GSTIN (wherever registered with GSTN) at the time of import and export of goods. The PAN level aggregation of data would automatically happen in the system. 3. Since obtaining GSTIN is not compulsory for all importers / exporters below a threshold limit of turnover, all exporters / importers may not register with GSTIN [barring compulsory registration in certain cases as provided in section 24 of the Central Goods and Services Tax Act, 2017 (12 of 2017) or in cases where either credit is claimed of IGST], therefore, GSTIN cannot become universal, as IEC is for import/export business. Further, DG

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Goods and Services Tax – Started By: – CMA VENKATESHAM MUTA – Dated:- 11-6-2017 Last Replied Date:- 11-6-2017 – As per my understanding, ITC is eligible for telecommunications tower subject to some condition :1) upto 1/3rd of total ITC in the FY in which goods recd2) upto 2/3rd of total ITC, including credit availed in the first FY, in the succeeding FY 3) balance in, any subsequent FY.The above is as per model GST law.What is the latest position, I am not able to understand, kindly guide. – Re

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