Demonetisation, GST to create cleaner economy

Demonetisation, GST to create cleaner economy
GST
Dated:- 2-12-2016

New Delhi, Dec 2 (PTI) Finance Minister Arun Jaitley today said demonetisation may impact growth "for a quarter or so" but this disruption will not last too long and the move along with GST will help create a larger and cleaner economy.
"I have least doubt in my mind that (one year from now) you will have a bigger economy, higher GDP, cleaner GDP. You will have a higher tax base and more money in banks, and probably interest rates will be more reasonable. Therefore, all these collectively could contribute a lot as far as GDP is concerned," he said at the HT Leadership Summit.
Both the economy and social system will see a major transformat

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, it's certainly going to benefit."
Citing a few economic trends post demonetisation, the Minister said rabi sowing this season has been higher than last year, while auto sales were a mixed bag.
"Of course, you will have some disruption created because of the switchover, in the long run, advantages are going to be huge as far as the relative cost of disruption is concerned," Jaitley said.
Speaking about the various advantages of the demonetisation, the Finance Minister said, it could lead to reduction in interest rates.
"Rates will now hopefully at some stage come down. With more money in the taxation system, our base itself increases," he said.
As far as inflow from demonetisation is concerned, he said it

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Inputs held in the stock on the day of appointed day in case of Trading

Inputs held in the stock on the day of appointed day in case of Trading
Query (Issue) Started By: – yogesh Panchal Dated:- 1-12-2016 Last Reply Date:- 6-12-2016 Goods and Services Tax – GST
Got 2 Replies
GST
Dear All Experts,
We have do two Business (1) manufacturing & (2) Trading, currently we are follow the rule 6(3)a of Cenvat Credit Rules-2004, maintain separate account of manufacturing inputs material & for the trading material also, revert service tax credit at turnover ratio prescribe in the central excise law. In above scenario please guide on following points.
* Trading warehouse material on which we have not take the credit, we have not charged excise duty at the time of sales, not collect duty from our customer, b

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eturn, then how we have save the credit of duty paid goods laying at trading warehouse s closing stock of 31st march-2017.
Reply By Ganeshan Kalyani:
The Reply:
Revised Draft Model GST Law has been published very recently .
Reply By sreemannarayana B:
The Reply:
The revised Section 18 (4) of revised GST Law states as follows:
4) Where an exempt supply of goods or services by a registered taxable person becomes a taxable supply, such person shall, subject to such conditions and restrictions as may be prescribed, be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finishedgoods held in stock relatable to such exempt supply and on capital goodsexclusively used for such exempt

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GST COMPENSATION CESS

GST COMPENSATION CESS
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 1-12-2016

In order to compensate the States for the introduction of Goods and Service Tax regime, the Central Government proposed to levy a new cess called as 'GST Compensation Cess' through the Goods and Services Tax (Compensation to the States for loss of Revenue) Bill, 2016. The Government proposes to introduce the said bill in the winter session of Parliament and it may be introduced in the first week of December, 2016.
The said bill extends to the whole of India. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf.
GST Compensation Cess
Section 8 of the bill provides for the levy and collection of GST compensation cess ('cess' for short). The said section provides that there shall be levied and collected in accordance with the provisions of this Act, a cess to be called the 'GST Compensation C

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furnish such returns in such formats, as may be prescribed, along with the returns to be filed under the Model GST law. The taxable person shall pay the amount payable under the Act in the manner as may be prescribed. Refund of Cess paid may be applied in prescribed form. For the purposes of cess, all the provisions, except for the format to be filed, of the Model GST law and the rules made there under shall apply in relation to the levy and collection of the cess.
Section 11(1) provides that the provisions of CGST and the rules made there under including those relating to assessment, input tax credit, non levy, short levy, interest, appeals, offences and penalties shall apply mutatis mutandis in relation to the levy and collection of the cess leviable as they apply in relation to the levy and collection of Model law.
Section 11(2) provides that the provisions of IGST Act, 2016 and the rules made there under including those relating to assessment, input tax credit, non levy, short l

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ansition date, i.e., 01.04.2017 (a probable date).
3. Section 3 provides the projected growth rate of the State. This section provides that the projected nominal growth rate of revenue subsumed for a State during the transition period shall be 14% per annum.
4. Section 5 provides the calculation of the base year Revenue of a State, i.e., 2015 – 16. The base year revenue of a State shall be the sum of the revenue collected by the State and local bodies during the base year on account of the taxes levied net of refunds with respect to the following taxes imposed by the respective State or Centre, which are subsumed into GST-
* VAT, sales tax, purchase tax, tax collected on works contract or any other tax levied by the concerned State under the erstwhile Entry 54 of List II of the VII Schedule to the Constitution, prior the Constitution (101st Amendment) Act, 2016 ('amendment' for short);
* Entry tax, octroi, local body tax or any other tax levied by the concerned State under the er

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of revenue forgone on account of exemptions given by the State Government to specific entities under the laws to promote industrial investment would be included in the total base year revenue of the State, subject to the conditions as may be prescribed;
* In respect of any State, if any part of revenue are not credited in the Consolidated Fund of the respective State, the same shall be included in the total base year revenue of the State, subject to the conditions as may be prescribed.
5. Section 5(3) provides that the following shall not be included in the calculation of the base revenue for the State-
* Any taxes levied under the erstwhile Entry 54 of List II of the VII Schedule prior to amendment on the sale or purchase of petroleum crude, high speed diesel, motor spirit, natural gas, aviation turbine fuel and alcoholic liquor for human consumption;
* Any taxes levied under CST on the sale or purchase of petroleum crude, high speed diesel, motor spirit, natural gas, aviation

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and released at the end of every quarter and finally calculated for every financial year after receipt of the final figure, as audited by C&AG. In case of excess amount has been released in any financial year during the transaction period, the excess amount shall be adjusted against the compensation payable in the subsequent financial year.
9. Section 7(2) provides that the total GST compensation payable shall be calculated as detailed below-
* The projected revenue for any financial year during the transition period, that have accrued to a State shall be calculated;
* The actual revenue collectedby a State in any financial year during the transition period net of refunds and the IGST apportioned to that State as certified by C&AG;
* Total GST compensation payable in any financial year shall be the difference between the projected revenue and the actual revenue collected by the State.
10. Section 7(3) provides that the loss of revenue at the end of any quarter shall be calculat

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d in case any excess amount has been released in the previous year, the amount shall be refunded by the State to the Central Government and such amount shall be credited to the GST Compensation Fund.
Disposal of GST Compensation Fund
Section10(3) provides the procedure for the disposal of balance of amount in the GST Compensation Fund after the transition period is over and after compensating all the States for the transition period. According to this Section 50% of the amount remaining unutilized in the GST Compensation Fund at the end of the transition period shall be transferred to the Consolidated Fund of India and shall be distributed between the Centre and the State and amongst the States as per provisions of Article 270(2) of the Constitution. The balance 50% shall be distributed amongst the States in the ratio of their total revenues from SGST in the last year of the transition period.
Reply By Ganeshan Kalyani as =
The Compensation cess is over and above IGST , CGST & SGS

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TAX INVOICE UNDER GST

TAX INVOICE UNDER GST
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 1-12-2016

Meaning of 'tax invoice'?
As per section 2(60) read with section 23 of Model GST law, 'tax invoice' is required to be issued by a registered taxable person showing description of goods and/or services, value, tax and other particulars at the time of supply. It is a document evidencing supply of goods and services which becomes the basis for charge of tax.
According to explanation provided under section 23 of Model GST law, 'tax invoice' shall be deemed to include a document issued by an input service distributor(ISD) under section 17, and shall also include any supplementary or revised invoice issued by the supplier in respect of a supply made earlier.
Thus, 'tax invoice' shall be deemed to include-
* a document issued by an input service distributor, and
* any supplementary or a revised invoice issued by the supplier in respect of a supply made earlier.
Invoice is a d

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, determining the time of supply of goods is important.
As per section 23 of Model GST law, a registered taxable person supplying taxable services shall issue a tax invoice, within the prescribed time, showing the description, the tax charged thereon and such other particulars as may be prescribed.
Therefore, a registered taxable person supplying taxable services shall issue a tax invoice-
* within the prescribed time,
* Tax invoice should show-
* description of services,
* tax charged , and
* other details.
Particulars to be shown in a tax invoice
According to section 23 of Model GST law, read with Rule 1 of draft GST Invoice Rules, a tax invoice issued by the supplier shall contain the following details:
* name, address and GSTIN of the supplier,
* a consecutive serial number containing only alphabets and/or numerals, unique for a financial year,
* date of its issue,
* name, address and GSTIN/ Unique ID Number, if registered, of the recipient,
* contain the f

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where applicable along with the date and invoice number of the original invoice, and
* signature or digital signature of the supplier or his authorized representative.
Details required in a tax invoice of supply meant for export
According to proviso to Rule 1 of draft GST Invoice Rules, in case of exports, an invoice shall carry an endorsement 'supply meant for export on payment of IGST' or 'supply meant for export under bond without payment of IGST', as the case may be, and shall, in lieu of the details specified in clause (e) of Q. No. 5 above , contain the following details:
* name and address of the recipient,
* address of delivery,
* name of the country of destination, and
* number and date of application for removal of goods for export in form ARE-1.
Other details required to be mentioned in the invoice
According to proviso to Rule 1 of draft GST Invoice Rules, the Board/Commissioner may issue a notification to specify any of the following additional requirements –

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ice Rules, any tax invoice is required to be issued as per following time frame:
* In case of goods, at the time of supply,
* In case of services, as per time limits indicated below:
* Tax invoice for supply of services- within a period of thirty days from the date of supply of service,
* Tax invoice for continuous supply of services- within a period of thirty days from the date when each event specified in the contract, which requires the recipient to make any payment to the supplier of services, is completed,
* Tax invoice for supplier of service in case of a banking company or a financial institution including a non-banking financial company(NBFC)- within forty five days from the date of supply of service.
Time limits of issue of a tax invoice for services can be summarized as follows :
Types of supply
Time frame
Supply in ordinary course
Within 30 days from the date of supply of services
Continuous supply
Within 30 days from the date when each event specified in th

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how to pay sell tax

how to pay sell tax
Query (Issue) Started By: – Vishal jaiswal Dated:- 30-11-2016 Last Reply Date:- 30-11-2016 Goods and Services Tax – GST
Got 1 Reply
GST
I dont have any idea.I need help please any one know can help me.
Reply By Ganeshan Kalyani:
The Reply:
The Goods and Service Tax (GST ) is yet to be implemented . So as of now the actual payment process is not made public . However, to give a brief idea, i would say that there would be three type of payments to be made viz SG

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registration required

registration required
Query (Issue) Started By: – nishant agrawal Dated:- 29-11-2016 Last Reply Date:- 29-11-2016 Goods and Services Tax – GST
Got 1 Reply
GST
hello sir
mera borwells ka business hai .. mere ko tin number lena hoga ki service tax number pls repply thanks
Reply By Ganeshan Kalyani:
The Reply:
Aap borewell se paani nikalkar tanker me bharke fhir bechte honge customer ko, aisa mai samajta hun. Agar aisa hai to aap pani bech rahe ho, to sales tax lagega. sales tax re

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PROPOSED ADMINISTRATION OF GST (PART-II)

PROPOSED ADMINISTRATION OF GST (PART-II)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 28-11-2016

Audit under GST
Audit function will be under the Member (L&J, Audit) of the Board to whom DG Audit, Directorate of Legal Affairs, Principal Chief Commissioners of Regions, Authorized representatives of Tribunal / Settlement Commission / Advance Ruling etc and Appellate Commissioners will report.
The Appellate Commissioners would be reporting to Regional Principal Chief Commissioners for administration and would be reporting to Member for legal issues. The Authorized Representatives (AR) will report to Chief Commissioner and below. As legacy pendency will be very huge and due to new tax regime, in initial years, chances of litigation will be very high. To mitigate this, it is suggested that benches of tribunals may be created in each states and to wipe out legacy issue power of single bench may be increased up to ₹ 5 crore.
The Directorate General o

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and Customs.
It is expected that each GST zone will have following type of Commissionerates-
* GST Commissionerate
* Central Excise Commissionerate & Legacy Commissionerate
* Customs Commissionerate
Zone will be headed by the Chief Commissioner. For better coordination between Centre and States, it is suggested that there will be Apex level and Zonal level Coordination Committee. Principal Chief Commissioner of respective zone and Chief Secretary of States would attend the meeting of apex level committee. Commissioner CGST / IGST and Commissioner SGST will attend the Zonal coordination meeting which will be headed by Zonal Chief Commissioner. GST Commissionerates will further be divided into sub-commissionerates with GST Divisions and Anti-Evasion Wing.
Each GST and Central Excise Commissionerate would be headed by Commissioner. It would have 30 divisions on average. The Anti-Evasion Wing should work from the Commissionerate Head Quarters. The Commissioner shall also liaise w

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15-25%. The functions of the Division would include report of taxes paid, refund given etc., levy and collection of CGST and IGST, stuffing of export containers, refund/rebate for exports, audit, help desk for assesses, aiding the SGST officers in case of joint audit, joint action, etc. The Division head shall report to Commissioner SGST and Additional Commissioner / Joint Commissioner as well whereas the reporting to Commissioner SGST would be for operational requirements, report and data submission. The appraisal would be for 360 degree appraisal. Ranges would be co-terminus with 1000 assessees per 20 sq km area as the case may be. It would be headed by Superintendent.
Adjudication of Cases
The duly appointed adjudicating authorities shall adjudicate the matters other than appeals in the GST regime. As per section 2(4), 'adjudicating authority' means any authority competent to pass any order or decision under this Act, but does not include the Board, the First Appellate Au

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Commissioners of CGST or
Principal Additional Directors General of CGST,
Commissioners of CGST or
Additional Directors General of CGST,
First Appellate Authority,
Additional Commissioners of CGST or
Additional Directors of CGST,
Joint Commissioners of CGST or
Joint Directors of CGST,
Deputy Commissioners of CGST or
Deputy Directors of CGST,
* Assistant Commissioners of CGST or
Assistant Directors of CGST, and
such other class of officers as may be appointed for the purposes of this Act.
Under SGST:
* Commissioner of SGST,
* Special Commissioners of SGST,
* Additional Commissioners of SGST,
* Joint Commissioners of SGST,
* Deputy Commissioners of SGST,
* Assistant Commissioners of SGST, and
* such other class of officers and persons as may be appointed for the purposes of this Act. [List is indicative]
Under IGST:
* Principal Chief Commissioners of IGST or
Principal Directors General of IGST,
Chief Commissioners of IGST or
Directors General

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PERSONS LIABLE TO BE REGISTERED

PERSONS LIABLE TO BE REGISTERED
SCHEDULE V
Bill
SCHEDULES
MODEL GST LAW – Draft The Central / State Goods and Services Tax Act, 2016 – [November 2016]
SCHEDULE V
PERSONS LIABLE TO BE REGISTERED
1. Every supplier shall be liable to be registered under this Act in the State from where he makes a taxable supply of goods and/or services if his aggregate turnover in a financial year exceeds twenty lakh rupees:
PROVIDED that where such person makes taxable supplies of goods and/or services from any of the States specified in sub-clause (g) of clause (4) of Article 279A of the Constitution, he shall be liable to be registered if his aggregate turnover in a financial year exceeds ten lakh rupees.
(Other than Special Category St

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tration –
(a) any person engaged exclusively in the business of supplying goods and/or services that are not liable to tax or are wholly exempt from tax under this Act;
(b) an agriculturist, for the purpose of agriculture.
3. Subject to the provisions of paragraph 1, every person who, on the day immediately preceding the appointed day, is registered or holds a license under an earlier law, shall be liable to be registered under this Act with effect from the appointed day.
4. Where a business carried on by a taxable person registered under this Act is transferred, whether on account of succession or otherwise, to another person as a going concern, the transferee, or the successor, as the case may be, shall be liable to be registered wi

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specified under paragraph 1;
(ii) casual taxable persons, irrespective of the threshold specified under paragraph 1;
(iii) persons who are required to pay tax under reverse charge, irrespective of the threshold specified under paragraph 1;
(iv) persons who are required to pay tax under sub-section (4) of section 8, irrespective of the threshold specified under paragraph 1;
(v) non-resident taxable persons, irrespective of the threshold specified under paragraph 1;
(vi) persons who are required to deduct tax under section 46, whether or not separately registered under this Act;
(vii) persons who are required to collect tax under 56, whether or not separately registered under the Act;
(viii) persons who supply goods and/or servi

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ACTIVITIES OR TRANSACTIONS UNDERTAKEN BY THE CENTRAL GOVERNMENT, A STATE GOVERNMENT OR ANY LOCAL AUTHORITY WHICH SHALL BE TREATED NEITHER AS A SUPPLY OF GOODS NOR A SUPPLY OF SERVICES

ACTIVITIES OR TRANSACTIONS UNDERTAKEN BY THE CENTRAL GOVERNMENT, A STATE GOVERNMENT OR ANY LOCAL AUTHORITY WHICH SHALL BE TREATED NEITHER AS A SUPPLY OF GOODS NOR A SUPPLY OF SERVICES
SCHEDULE IV
Bill
SCHEDULES
MODEL GST LAW – Draft The Central / State Goods and Services Tax Act, 2016 – [November 2016]
SCHEDULE IV
ACTIVITIES OR TRANSACTIONS UNDERTAKEN BY THE CENTRAL GOVERNMENT, A STATE GOVERNMENT OR ANY LOCAL AUTHORITY WHICH SHALL BE TREATED NEITHER AS A SUPPLY OF GOODS NOR A SUPPLY OF SERVICES
1. Services provided by a Government or local authority to another Government or local authority excluding the following services:
(i) services by the Department of Posts by way of speed post, express parcel post, life insurance

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relation to any function entrusted to a Panchayat under article 243 G of the Constitution;
(iii) health care; and
(iv) education.
4. Services provided by Government towards-
(i) diplomatic or consular activities;
(ii) citizenship, naturalization and aliens;
(iii) admission into, and emigration and expulsion from India;
(iv) currency, coinage and legal tender, foreign exchange;
(v) trade and commerce with foreign countries, import and export across customs frontiers, interstate trade and commerce; or
(vi) maintenance of public order.
5. Any services provided by a Government or a local authority in the course of discharging any liability on account of any tax levied by such Government or authority.
6. Services provided by a

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to import or export of cargo on payment of Merchant Overtime Charges (MOT).
8. Services provided by Government or a local authority by way of-
(i) registration required under any law for the time being in force; or
(ii) testing, calibration, safety check or certification relating to protection or safety of workers, consumers or public at large, required under any law for the time being in force.
Definitions:
1. Governmental Authority means a board, or an authority or any other body established with 90% or more participation by way of equity or control by Government and set up by an Act of the Parliament or a State Legislature to carry out any function entrusted to a municipality under article 243W or a Panchayat under article 243G

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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
Section SCHEDULE III
Bill
SCHEDULES
MODEL GST LAW – Draft The Central / State Goods and Services Tax Act, 2016 – [November 2016]
SCHEDULE III
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

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MATTERS TO BE TREATED AS SUPPLY OF GOODS OR SERVICES

MATTERS TO BE TREATED AS SUPPLY OF GOODS OR SERVICES
SCHEDULE II
Bill
SCHEDULES
MODEL GST LAW – Draft The Central / State Goods and Services Tax Act, 2016 – [November 2016]
SCHEDULE II
MATTERS TO BE TREATED AS SUPPLY OF GOODS OR SERVICES
1. Transfer
(a) Any transfer of the title in goods is a supply of goods.
(b) Any transfer of goods or 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 will 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

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s held or used for the purposes 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.
(c) 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. The following

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wing, namely:-
(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

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MATTERS TO BE TREATED AS SUPPLY EVEN IF MADE WITHOUT CONSIDERATION [IN TERMS OF CLAUSE (c) OF SUBSECTION (1) OF SECTION 3]

MATTERS TO BE TREATED AS SUPPLY EVEN IF MADE WITHOUT CONSIDERATION [IN TERMS OF CLAUSE (c) OF SUBSECTION (1) OF SECTION 3]
SCHEDULE I
Bill
SCHEDULES
MODEL GST LAW – Draft The Central / State Goods and Services Tax Act, 2016 – [November 2016]
SCHEDULE I
MATTERS TO BE TREATED AS SUPPLY EVEN IF MADE WITHOUT CONSIDERATION
[IN TERMS OF CLAUSE (c) OF SUBSECTION (1) OF SECTION 3]
1. Permanent transfer/disposal of business assets where input tax credit has been availed on such assets

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Transitional provisions for availing Cenvat credit in certain cases

Transitional provisions for availing Cenvat credit in certain cases
Section 197
Bill
TRANSITIONAL PROVISIONS
MODEL GST LAW – Draft The Central / State Goods and Services Tax Act, 2016 – [November 2016]
197. Transitional provisions for availing Cenvat credit in certain cases
Where any Cenvat credit availed for the input services provided under the earlier law has been reversed due to non-payment of the consideration within a period of three months, such credit can be reclaimed

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Deduction of tax source

Deduction of tax source
Section 196
Bill
TRANSITIONAL PROVISIONS
MODEL GST LAW – Draft The Central / State Goods and Services Tax Act, 2016 – [November 2016]
196. Deduction of tax source
Where a supplier has made any sale of goods in respect of which tax was required to be deducted at source under the earlier law and has also issued an invoice for the same before the appointed day, no deduction of tax at source under section 46 shall be made by the deductor under the said sec

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Goods sent on approval basis returned on or after the appointed day

Goods sent on approval basis returned on or after the appointed day
Section 195
Bill
TRANSITIONAL PROVISIONS
MODEL GST LAW – Draft The Central / State Goods and Services Tax Act, 2016 – [November 2016]
195. Goods sent on approval basis returned on or after the appointed day
Where any goods sent on approval basis, not earlier than six months before the appointed day, are rejected or not approved by the buyer and returned to the seller on or after the appointed day, no tax shal

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Treatment of branch transfers

Treatment of branch transfers
Section 194
Bill
TRANSITIONAL PROVISIONS
MODEL GST LAW – Draft The Central / State Goods and Services Tax Act, 2016 – [November 2016]
194. Treatment of branch transfers
Notwithstanding anything to the contrary contained in this Act, any amount of input tax credit reversed prior to the appointed day shall not be admissible as credit of input tax under this Act.
(Only in SGST Law)
–
Statute, statutory provisions legislation, law, enactment,

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Tax paid on capital goods lying with agents to be allowed as credit

Tax paid on capital goods lying with agents to be allowed as credit
Section 193
Bill
TRANSITIONAL PROVISIONS
MODEL GST LAW – Draft The Central / State Goods and Services Tax Act, 2016 – [November 2016]
193. Tax paid on capital goods lying with agents to be allowed as credit
Where any capital goods belonging to the principal are lying at the premises of the agent on the appointed day, the agent shall be entitled to take credit of the tax paid on such capital goods subject to f

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Tax paid on goods lying with agents to be allowed as credit

Tax paid on goods lying with agents to be allowed as credit
Section 192
Bill
TRANSITIONAL PROVISIONS
MODEL GST LAW – Draft The Central / State Goods and Services Tax Act, 2016 – [November 2016]
192. Tax paid on goods lying with agents to be allowed as credit
Where any goods belonging to the principal are lying at the premises of the agent on the appointed day, the agent shall be entitled to take credit of the tax paid on such goods subject to fulfilment of the following condi

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Provision for transfer of unutilized Cenvat Credit by taxable person having centralized registration under the earlier law

Provision for transfer of unutilized Cenvat Credit by taxable person having centralized registration under the earlier law
Section 191
Bill
TRANSITIONAL PROVISIONS
MODEL GST LAW – Draft The Central / State Goods and Services Tax Act, 2016 – [November 2016]
191. Provision for transfer of unutilized Cenvat Credit by taxable person having centralized registration under the earlier law
Where a taxable person having centralized registration under the earlier law has obtained a registration under this Act, such person shall be allowed to take, in his electronic credit ledger, credit of the amount of cenvat credit carried forward in a return, furnished under the earlier law by him, in respect of the period ending with the day i

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Credit distribution of service tax by ISD

Credit distribution of service tax by ISD
Section 190
Bill
TRANSITIONAL PROVISIONS
MODEL GST LAW – Draft The Central / State Goods and Services Tax Act, 2016 – [November 2016]
190. Credit distribution of service tax by ISD
Notwithstanding anything to the contrary contained in this Act, the input tax credit on account of any services received prior to the appointed day by an Input Service Distributor shall be eligible for distribution as credit under this Act even if the invoi

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Taxability of supply of goods in certain cases

Taxability of supply of goods in certain cases
Section 189
Bill
TRANSITIONAL PROVISIONS
MODEL GST LAW – Draft The Central / State Goods and Services Tax Act, 2016 – [November 2016]
189. Taxability of supply of goods in certain cases
Notwithstanding anything contained in section 12 or 14, the tax in respect of the taxable goods shall be payable under the earlier law to the extent the point of taxation in respect of such goods arose before the appointed day.
Explanation: Wher

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Taxability of supply of services in certain cases

Taxability of supply of services in certain cases
Section 188
Bill
TRANSITIONAL PROVISIONS
MODEL GST LAW – Draft The Central / State Goods and Services Tax Act, 2016 – [November 2016]
188. Taxability of supply of services in certain cases
Notwithstanding anything contained in section 13 or 14, the tax in respect of the taxable services shall be payable under the earlier law to the extent the point of taxation in respect of such services arose before the appointed day.
Expla

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Progressive or periodic supply of goods or services

Progressive or periodic supply of goods or services
Section 187
Bill
TRANSITIONAL PROVISIONS
MODEL GST LAW – Draft The Central / State Goods and Services Tax Act, 2016 – [November 2016]
187. Progressive or periodic supply of goods or services
Notwithstanding anything contained in section 12 and 13, no tax shall be payable on the supply of goods and/or services made on or after the appointed day where the consideration, whether in full or in part, for the said supply has been

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Treatment of long term construction / works contracts

Treatment of long term construction / works contracts
Section 186
Bill
TRANSITIONAL PROVISIONS
MODEL GST LAW – Draft The Central / State Goods and Services Tax Act, 2016 – [November 2016]
186. Treatment of long term construction / works contracts
The goods and/or services supplied on or after the appointed day in pursuance of a contract entered into prior to the appointed day shall be liable to tax under the provisions of this Act.
(CGST Law)
The goods and/or services sup

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