Proposed GST Tax rates would be lesser than the prevailing taxes in case of Sugar, Tea and Coffee (other than instant coffee) and Milk Powder; Present incidence of taxes on sugar is 8% while proposed GST rate on Sugar is only 5% i.e. 3% less;

Proposed GST Tax rates would be lesser than the prevailing taxes in case of Sugar, Tea and Coffee (other than instant coffee) and Milk Powder; Present incidence of taxes on sugar is 8% while proposed GST rate on Sugar is only 5% i.e. 3% less;
GST
Dated:- 25-5-2017

Proposed GST Tax rates would be lesser than the prevailing taxes in case of Sugar, Tea and Coffee (other than instant coffee) and Milk Powder; Present incidence of taxes on sugar is 8% while proposed GST rate on Sugar is only 5% i.e. 3% less;
Similarly, present incidence of taxes on Milk Powder, Tea and Coffee (other than instant coffee) is 7% while proposed GST rate on these items is only 5%.
Proposed GST Tax rates would be much lesser than the prevailing inciden

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Input tax credit under GST

Input tax credit under GST
Query (Issue) Started By: – mukesh pareek Dated:- 25-5-2017 Last Reply Date:- 5-6-2017 Goods and Services Tax – GST
Got 9 Replies
GST
Dear Experts,
We are manufacturing dutiable as well as exempted products and taking Cenvat credit on those input only who related to dutiable products.
My question is can we take Input tax credit under GST on those input also who related to our exempted products ?
if yes, then should we take this credit on 30th June before GST implementation or 1st July after GST implementation ?
Please mention specific rule if any related to this situation.
Reply By Himansu Sha:
The Reply:
Transitional provisions of gst act deals such issue.
Reply By Ganeshan Kalyani:
The Reply:

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

taxable supplies and partly in non-taxable supplies, then amount of credit shall be restricted to the taxable supplies. Taxable supplies include zero rated supplies and exempt supplies shall include non-taxable supplies.
No credit is eligible if same is not reflected in your return. last return say June. please check your product is still covered under non-taxable supplies. than no meaning of doing such Exercise.
This is my personal view.
Reply By Ganeshan Kalyani:
The Reply:
Sir, if the product which is exempt under the current tax regime turns out to be taxable under GST then the input tax credit paid under earlier tax regime would be available to dealer.
Reply By Robin Singh:
The Reply:
Input tax is CGST, SGST or IGST paid on inpu

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST on Horse racing

GST on Horse racing
Query (Issue) Started By: – Shashi Kumar Dated:- 25-5-2017 Last Reply Date:- 27-5-2017 Goods and Services Tax – GST
Got 1 Reply
GST
Horse racing has been clubbed with entertainment at 28%. Turf Clubs have a totalizator system which works on pari-mutuel basis where pooling happens from ppl who bet and from the total revenue collected, a commission is taken out and rest is distributed back to the public. For instance, at Bangalore, for every 100 rupee collected, 12

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ACTIVITIES OR TRANSACTIONS WHICH SHALL BE TREATED NEITHER AS A SUPPLY OF GOODS NOR A SUPPLY OF SERVICES

ACTIVITIES OR TRANSACTIONS WHICH SHALL BE TREATED NEITHER AS A SUPPLY OF GOODS NOR A SUPPLY OF SERVICES
SCHEDULE III
GST – States
SCHEDULES
Bihar Goods and Services Tax Act, 2017
SCHEDULE III
[See section 7]
ACTIVITIES OR TRANSACTIONS WHICH SHALL BE TREATED NEITHER AS A SUPPLY OF GOODS NOR A SUPPLY OF SERVICES
1. Services by an employee to the employer in the course of or in relation to his employment.
2. Services by any court or Tribunal established under any law for the time being in force.
3. (a) the functions performed by the Members of Parliament, Members of State Legislature, Members of Panchayats, Members of Municipalities and Members of other local authorities;
(b) the duties performed by any person who holds an

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ACTIVITIES TO BE TREATED AS SUPPLY OF GOODS OR SUPPLY OF SERVICES

ACTIVITIES TO BE TREATED AS SUPPLY OF GOODS OR SUPPLY OF SERVICES
SCHEDULE II
GST – States
SCHEDULES
Bihar Goods and Services Tax Act, 2017
SCHEDULE II
[See section 7]
ACTIVITIES TO BE TREATED AS SUPPLY OF GOODS OR SUPPLY OF SERVICES
1. Transfer
(a) any transfer of the title in goods is a supply of goods;
(b) any transfer of right in goods or of undivided share in goods without the transfer of title thereof, is a supply of services;
(c) any transfer of title in goods under an agreement which stipulates that property in goods shall pass at a future date upon payment of full consideration as agreed, is a supply of goods.
2. Land and Building
(a) any lease, tenancy, easement, licence to occupy land is a supply of servi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

of the business are put to any private use or are used, or made available to any person for use, for any purpose other than a purpose of the business, whether or not for a consideration, the usage or making available of such goods is a supply of services;
where any person ceases to be a taxable person, any goods forming part of the assets of any business carried on by him shall be deemed to be supplied by him in the course or furtherance of his business immediately before he ceases to be a taxable person, unless-
(i) the business is transferred as a going concern to another person; or
(ii) the business is carried on by a personal representative who is deemed to be a taxable person.
5. Supply of services.-
The following shall be trea

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ly:-
(i) an architect registered with the Council of Architecture constituted under the Architects Act, 1972;or
(ii) a chartered engineer registered with the Institution of Engineers (India);or
(iii) a licensed surveyor of the respective local body of the city or town or village or development or planning authority;
(2) the expression "construction" includes additions, alterations, replacements or remodeling of any existing civil structure;
(c) temporary transfer or permitting the use or enjoyment of any intellectual property right;
(d) development, design, programming, customisation, adaptation, upgradation, enhancement, implementation of information technology software;
(e) agreeing to the obligation to refrain fro

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ACTIVITIES TO BE TREATED AS SUPPLY EVEN IF MADE WITHOUT CONSIDERATION

ACTIVITIES TO BE TREATED AS SUPPLY EVEN IF MADE WITHOUT CONSIDERATION
SCHEDULE I
GST – States
SCHEDULES
Bihar Goods and Services Tax Act, 2017
SCHEDULE I
[See section 7]
ACTIVITIES TO BE TREATED AS SUPPLY EVEN IF MADE WITHOUT CONSIDERATION
1. Permanent transfer or disposal of business assets where input tax credit has been availed on such assets.
2. Supply of goods or services or both between related persons or between distinct persons as specified in section 25, when made in

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Saving

Saving
Section 174
GST – States
MISCELLANEOUS
Bihar Goods and Services Tax Act, 2017
174. Saving.-
(1) The repeal of the said Acts specified in section 173 to the extent mentioned in section 173 shall not-
(a) revive anything not in force or existing at the time of such repeal; or
(b) affect the previous operation of the repealed Acts and orders or anything duly done or suffered there under; or
(c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the repealed Acts or orders under such repealed Acts:
Provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if the said notification is rescinded on or after

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

y of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these Acts had not been so repealed;
(f) affect any proceedings including that relating to an appeal, revision, review or reference, instituted before, on or after the appointed day under the said repealed Acts and such proceedings shall be continued under the said repealed Acts as if this Act had not come into force and the said Acts had not been repealed.
(2) The mention of the particular matters referred to in section 173 and sub-section (1) shall not be held to prejudice or affect the general application of section 8 of the Bihar and Orissa General Clauses Act,

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Repeal

Repeal
Section 173
GST – States
MISCELLANEOUS
Bihar Goods and Services Tax Act, 2017
173. Repeal.-
(1) Save as otherwise provided in this Act and subject to the provisions of section174, on and from the date of commencement of this Act,
(a) The Bihar Value Added Tax Act, 2005,except inrespect of goods included in the Entry 54 of the State List of the Seventh Schedule to the Constitution;
(b) the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale There in

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Anti-profiteering Measure

Anti-profiteering Measure
Section 171
GST – States
MISCELLANEOUS
Bihar Goods and Services Tax Act, 2017
171. Anti-profiteering Measure.-
(1) Any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices.
(2) The Central Government may, on recommendations of the Council, by notification, constitute an Authority, or empower an existing Authority constituted under an

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Removal of difficulties

Removal of difficulties
Section 172
GST – States
MISCELLANEOUS
Bihar Goods and Services Tax Act, 2017
172. Removal of difficulties.-
(1) If any difficulty arises in giving effect to any provisions of this Act, the Government may, on the recommendations of the Council, by a general or a special order published in the Official Gazette, make such provisions not inconsistent with the rovisions of this Act or the rules or regulations made there under, as may be necessary or expedient

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Rounding off of tax etc

Rounding off of tax etc
Section 170
GST – States
MISCELLANEOUS
Bihar Goods and Services Tax Act, 2017
170. Rounding off of tax etc.-
The amount of tax, interest, penalty, fine or any other sum payable, and the amount of refund or any other sum due, under the provisions of this Act shall be rounded off to the nearest rupee and, for this purpose, where such amount contains a part of a rupee consisting of paise, then, if such part is fifty paise or more, it shall be increased to on

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Service of notice in certain circumstances

Service of notice in certain circumstances
Section 169
GST – States
MISCELLANEOUS
Bihar Goods and Services Tax Act, 2017
169. Service of notice in certain circumstances.-
(1) Any decision, order, summons, notice or other communication under this Act or the rules made there under shall be served by any one of the following methods, namely:
(a) by giving or tendering it directly or by a messenger including a courier to the addressee or the taxable person or to his manager or authorised representative or an advocate or a tax practitioner holding authority to appear in the proceedings on behalf of the taxable person or to a person regularly employed by him in connection with the business, or to any adult member of family resi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ace of business or residence and if such mode is not practicable for any reason, then by affixing a copy thereof on the notice board of the office of the concerned officer or authority who or which passed such decision or order or issued such summons or notice.
(2) Every decision, order, summons, notice or any communication shall be deemed to have been served on the date on which it is tendered or published or a copy thereof is affixed in the manner provided in sub-section (1).
(3) When such decision, order, summons, notice or any communication is sent by registered post or speed post, it shall be deemed to have been received by the addressee at the expiry of the period normally taken by such post in transit unless the contrary is proved.

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Power to issue instructions or directions

Power to issue instructions or directions
Section 168
GST – States
MISCELLANEOUS
Bihar Goods and Services Tax Act, 2017
168. Power to issue instructions or directions.-
The Commissioner may, if he considers it necessary or expedient so to do for the purpose of uniformity in the implementation of this Act, issue such orders, instructions or directions to the State tax officers as it may deem fit, and thereupon all such officers and all other persons employed in the implementation

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Delegation of powers

Delegation of powers
Section 167
GST – States
MISCELLANEOUS
Bihar Goods and Services Tax Act, 2017
167. Delegation of powers.-
The Commissioner may, by notification, direct that subject to such conditions, if any, as may be specified in the notification, any power exercisable by any authority or officer under this Act may be exercisable also by another authority or officer as may be specified in such notification.
–
Statute, statutory provisions legislation, law, enactment,

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Laying of rules, regulations and notifications

Laying of rules, regulations and notifications
Section 166
GST – States
MISCELLANEOUS
Bihar Goods and Services Tax Act, 2017
166. Laying of rules, regulations and notifications.-
Every rule made by the Government, every regulation made by the Government and every notification issued by the Government under this Act, shall be laid, as soon as may be after it is made or issued, before the State Legislature, while it is in session, for a total period of thirty days which may be com

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Power of Government to make rules

Power of Government to make rules
Section 164
GST – States
MISCELLANEOUS
Bihar Goods and Services Tax Act, 2017
164. Power of Government to make rules.-
(1) The Government may, on the recommendations of the Council, by notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub- section (1), the Government may make rules for all or any of the matters which by this Act are required to be, or may be, presc

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Rectification of errors apparent on the face of record

Rectification of errors apparent on the face of record
Section 161
GST – States
MISCELLANEOUS
Bihar Goods and Services Tax Act, 2017
161. Rectification of errors apparent on the face of record.-
Without prejudice to the provisions of section 160, and notwithstanding anything contained in any other provisions of this Act, any authority, who has passed or issued any decision or order or notice or certificate or any other document, may rectify any error which is apparent on the face of record in such decision or order or notice or certificate or any other document, either on its own motion or where such error is brought to its notice by any officer appointed under this Act or an officer appointed under the Central Goods and Ser

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Assessment proceedings, etc. not to be invalid on certain grounds

Assessment proceedings, etc. not to be invalid on certain grounds
Section 160
GST – States
MISCELLANEOUS
Bihar Goods and Services Tax Act, 2017
160. Assessment proceedings, etc. not to be invalid on certain grounds.-
(1) No assessment, re-assessment, adjudication, review, revision, appeal, rectification, notice, summons or other proceedings done, accepted, made, issued, initiated, or purported to have been done, accepted, made, issued, initiated in pursuance of any of the provis

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Publication of information in respect of persons in certain cases

Publication of information in respect of persons in certain cases
Section 159
GST – States
MISCELLANEOUS
Bihar Goods and Services Tax Act, 2017
159. Publication of information in respect of persons in certain cases.-
(1) If the Commissioner, or any other officer authorised by him in this behalf, is of the opinion that it is necessary or expedient in the public interest to publish the name of any person and any other particulars relating to any proceedings or prosecution under th

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Disclosure of information by a public servant

Disclosure of information by a public servant
Section 158
GST – States
MISCELLANEOUS
Bihar Goods and Services Tax Act, 2017
158. Disclosure of information by a public servant.-
(1) All particulars contained in any statement made, return furnished or accounts or documents produced in accordance with this Act, or in any record of evidence given in the course of any proceedings under this Act (other than proceedings before a criminal court), or in any record of any proceedings under this Act shall, save as provided in sub-section (3), not be disclosed.
(2) Notwithstanding anything contained in the Indian Evidence Act, 1872, no court shall, save as otherwise provided in sub- section (3), require any officer appointed or author

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

this Act of any process for the service of any notice or recovery of any demand; or
(d) any particulars to a civil court in any suit or proceedings, to which the Government or any authority under this Act is a party, which relates to any matter arising out of any proceedings under this Act or under any other law for the time being in force authorising any such authority to exercise any powers there under; or
(e) any particulars to any officer appointed for the purpose of audit of tax receipts or refunds of the tax imposed by this Act; or
(f) any particulars where such particulars are relevant for the purposes of any inquiry into the conduct of any officer appointed or authorised under this Act, to any person or persons appointed as an

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

empowered to take disciplinary action against the members practising the profession of a legal practitioner, a cost accountant, a chartered accountant or a company secretary, as the case may be; or
(j) any particulars to any agency appointed for the purposes of data entry on any automated system or for the purpose of operating, upgrading or maintaining any automated system where such agency is contractually bound not to use or disclose such particulars except for the aforesaid purposes; or
(k) any such particulars to an officer of the Government as may be necessary for the purposes of any other law for the time being in force; and
(l) any information relating to any class of taxable persons or class of transactions for publication, if

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Protection of action taken under this Act

Protection of action taken under this Act
Section 157
GST – States
MISCELLANEOUS
Bihar Goods and Services Tax Act, 2017
157. Protection of action taken under this Act.-
(1) No suit, prosecution or other legal proceedings shall lie against the President, State President, Members, officers or other employees of the Appellate Tribunal or any other person authorised by the said Appellate Tribunal for anything which is in good faith done or intended to be done under this Act or the r

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =