| Bharat? |
5 |
| Preface to the Ninth Edition |
7 |
| Contents at a glance |
9 |
| Glossary [Acronyms] |
25 |
| Highlights of amendments made by the Finance Bill, 2024 |
33 |
| Division 1 |
| Referencer |
| GST Compliance Calendar for January, 2024 to March, 2025 |
1..3 |
| Referencer 1 |
Meanings of various terms |
1.19 |
| Referencer 1A |
Meanings of legal words, maxims/phrases |
1.145 |
| Referencer 1B |
Rules of interpretation of statutes including Doctrines |
1.157 |
| Referencer 1C |
List of section-wise/rule-wise commentary in different Chapters |
1.159 |
| Referencer 2 |
Extension of due dates for different returns |
1.160 |
| Referencer 3 |
State/UT Codes |
1.175 |
| Referencer 4 |
Rate of interest payable under different situations |
1.176 |
| Referencer 5 |
Important points regarding Summons under section 70 of the CGST Act |
1.179 |
| Referencer 6 |
Penalties, late fee and fine under GST Act(s) |
1.187 |
| Referencer 7 |
Illustrative cases in which penalty or late fee has been waived |
1.196 |
| Referencer 8 |
Prosecution under GST Act(s) – Sections 132 and 133 |
1.203 |
| Referencer 9 |
Various forms under GST |
1.207 |
| Referencer 10 |
Different types of persons under GST |
1.219 |
| Referencer 11 |
Various types of supply under GST |
1.221 |
| Referencer 12 |
Suggestive Format of Tax Invoice, Bill of Supply, Receipt Voucher, Refund Voucher Etc. |
1.226 |
| Referencer 13 |
Scheme of broad classification of goods under GST |
1.237 |
| Referencer 14 |
Scheme of broad classification of services under GST |
1.241 |
| Referencer 15 |
List of topic-wise Circulars/Instructions/Guidelines etc. |
1.246 |
| Referencer 16 |
Supply of Goods under Reverse Charge Mechanism |
1.273 |
| Referencer 17 |
Supply of Services under Reverse Charge Mechanism |
1.275 |
| Division 2 |
| Practice and Procedure |
| Chapter 1 Introduction and Overview of GST |
2.3 |
| 1.0 |
Introduction |
2.3 |
| 1.1 |
Features of GST |
2.3 |
| 1.2 |
Integrated Goods and Services Tax |
2.4 |
| |
1.2.1 |
Introduction |
2.4 |
| |
1.2.2 |
Definition |
2.4 |
| |
1.2.3 |
Adoption of “Dual GST” Model |
2.4 |
| |
1.2.4 |
Scope of IGST |
2.4 |
| |
1.2.5 |
Advantages of IGST model |
2.5 |
| |
1.2.6 |
Application of the provisions of CGST Act, 2017 – Section 20 of the IGST Act |
2.5 |
| |
1.2.7 |
Treatment of exports under IGST |
2.6 |
| 1.3 |
Administration of GST |
2.7 |
| |
1.3.1 |
Appointment of officers by the Government – Section 3 of the CGST Act, 2017 |
2.7 |
| |
1.3.2 |
Appointment of officers by the Board – Section 4 of the CGST Act, 2017 |
2.7 |
| |
1.3.3 |
Powers of officers – Section 5 – Enforceable with effect from 22.06.2017- N. No. 01/2017-CT (22.06.2017) |
2.7 |
| |
1.3.4 |
Officers appointed under State/UT authorised to be ‘proper officer’ under CGST Act in certain circumstances – Section 6 – Enforceable with effect from 01.07.2017- N. No. 09/2017-CT(28.06.2017) |
2.8 |
| 1.4 |
GST Portal Updates |
2.10 |
| 1.5 |
List of relevant Circulars/Instructions/Guidelines |
2.10 |
| Chapter 2 Concept of supply including Intra-State & Inter-State Supply |
2.11 |
| 2.0 |
Introduction |
2.13 |
| 2.1 |
Meaning and scope of supply – Section 7 of the CGST Act, 2017 – Enforceable with effect from 01.07.2017- N. No. 09/2017-CT (28.06.2017) |
2.13 |
| |
2.1.1 |
Inclusions in the term ‘supply’ – Section 7(1)(a) |
2.13 |
| |
2.1.2 |
Future supply shall also be covered |
2.13 |
| |
2.1.3 |
Supply must be made for a ‘consideration’ |
2.14 |
| |
2.1.4 |
Supply must be made by a person |
2.14 |
| |
2.1.5 |
Supply need not be made by one person to another |
2.14 |
| |
2.1.6 |
Insertion of Section 7(1)(aa) with retrospective effect from 01.07.2017 — Section 108 Finance Act, 2021 – N. No. 39/2021-CT, dated 21.12.2021 |
2.14 |
| |
2.1.7 |
Supply must be made in the course or furtherance of business — Section 7(1)(b) |
2.14 |
| |
2.1.8 |
Supply includes import of services, for a consideration, whether or not in the course or furtherance of business – Section 7(1)(b) |
2.14 |
| |
2.1.9 |
Activities specified in Schedule I, made or agreed to be made without a consideration – Section 7(1)(c) |
2.15 |
| |
|
2.1.9.1 |
Permanent transfer or disposal of business assets where input tax credit has been availed on such assets – Paragraph 1 of Schedule I of the CGST Act, 2017 |
2.15 |
| |
|
2.1.9.2 |
Supply of goods or services or both even if made without consideration between related persons or between distinct persons as specified in Section 25, when made in the course or furtherance of business – Paragraph 2 of Schedule I of the CGST Act, 2017 |
2.15 |
| |
|
2.1.9.3 |
Supply of goods by a principal to his agent or vice versa – Paragraph 3 of Schedule I |
2.16 |
| |
|
2.1.9.4 |
Import of services by a person, from a related person or from any of his other establishments outside India, in the course or furtherance of business – Paragraph 4 of Schedule I |
2.16 |
| |
2.1.10 |
Activities to be treated as supply of goods or services – Section 7(1A) [notified with retrospective effect from 01.07.2017] |
2.16 |
| |
|
2.1.10.1 |
Any transfer of the title in goods is a supply of goods – Paragraph 1(a) of Sch. II |
2.17 |
| |
|
2.1.10.2 |
Any transfer of right in goods or of undivided share in goods without the transfer of title thereof, is a supply of services – Paragraph 1(b) of Schedule II |
2.17 |
| |
|
2.1 10.3 |
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 – Paragraph 1(c) of Schedule II |
2.17 |
| |
|
2.1.10.4 |
Any lease, tenancy, easement, license to occupy land is a supply of services – Paragraph 2(a) of Schedule II |
2.17 |
| |
|
2.1.10.5 |
Any lease or letting out of the building for business or commerce is a supply of services – Paragraph 2(b) of Schedule-II |
2.17 |
| |
|
2.1.10.6 |
Any treatment or process which is applied to another person’s goods is a supply of services – Paragraph 3 of Schedule II |
2.18 |
| |
|
2.1.10.7 |
Transfer or disposal of goods forming part of business assets is a supply of goods – Paragraph 4(a) of Schedule II |
2.18 |
| |
|
2.1.10.8 |
Good held or used for business purposes are put to any private use or are used or made available to any person for use, the usage or making available of such goods to any person is a supply of services – Paragraph 4(b) of Schedule II |
2.18 |
| |
|
2.1.10.9 |
When any person ceases to be a taxable person, any goods forming part of the assets of any business carried on by him is deemed to be supplied by him – Paragraph 4(c) of Schedule II |
2.18 |
| |
|
2.1.10.10 |
Renting of immovable property is treated as supply of services – Para 5(a) of Schedule II |
2.18 |
| |
|
2.1.10.11 |
Construction of a complex, building or civil structure or part thereof is treated as supply of services – Paragraph 5(b) of Schedule-II |
2.19 |
| |
|
2.1.10.12 |
Temporary transfer or permitting the use or enjoyment of any intellectual property right is treated as supply of services – Paragraph 5(c) of Schedule II |
2.19 |
| |
|
2.1.10.13 |
Development, Design etc. of IT software is treated as supply of services –Paragraph 5(d) of Schedule II |
2.20 |
| |
|
2.1.10.14 |
Agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act shall be treated as supply of services – Paragraph 5(e) of Schedule II |
2.20 |
| |
|
2.1.10.15 |
Transfer of the right to use any goods for any purpose for cash, deferred payment or other valuable consideration shall be treated as supply of services – Paragraph 5(f) of Schedule II |
2.21 |
| |
|
2.1.10.16 |
Works contract in relation to any immovable property is treated as a supply of services – Paragraph 6(a) of Schedule II |
2.21 |
| |
|
2.1.10.17 |
Composite supply of goods being food or any other article of human consumption or any drink for cash, deferred payment or other valuable consideration is treated as a supply of services – Paragraph 6(b) of Schedule II |
2.21 |
| |
|
2.1.10.18 |
Supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration is treated as supply of goods – Paragraph 7 of Schedule II — Omitted retrospec-tively with effect from 01.07.2017 vide Section 122 of the Finance Act, 2021 |
2.21 |
| |
2.1.11 |
Activities or transactions which shall not be treated as a “supply” — Section 7(2) |
2.21 |
| |
|
2.1.11.1 |
Services by an employee to the employer in the course of or in relation to his employment – Paragraph 1 to Schedule III |
2.21 |
| |
|
2.1.11.2 |
Services by any Court or Tribunal established under any law for the time being in force – Paragraph 2 to Schedule III |
2.22 |
| |
|
2.1.11.3 |
Functions performed by the members of parliament, members of state legislature, members of panchayats, members of municipalities and members of other local authorities – Paragraph 3(a) to Schedule III |
2.22 |
| |
|
2.1.11.4 |
Duties performed by any person who holds any post in pursuance of the provisions of the Constitution in that capacity – Paragraph 3(b) to Schedule III |
2.22 |
| |
|
2.1.11.5 |
Duties performed by any person as a chairperson or a member or a director in a body established by the Central Government or a State Government or Local Authority and who is not deemed as an employee before the commencement of this clause – Paragraph 3(c), Schedule III |
2.22 |
| |
|
2.1.11.6 |
Services of funeral, burial, crematorium or mortuary including transportation of the deceased – Paragraph 4 of Schedule III |
2.22 |
| |
|
2.1.11.7 |
Sale of land and, subject to clause (b) of Paragraph 5 of Schedule II, Sale of Building – Paragraph 5 of Schedule III |
2.22 |
| |
|
2.1.11.8 |
Paragraph 6 of Schedule III |
2.23 |
| |
|
2.1.11.9 |
Supply of goods from a place in the non-taxable territory to another place in the non-taxable territory without such goods entering into India – Paragraph 7 of Schedule III – Deemed to have been inserted retrospectively with effect from 01.07.2017 – Section 159 of the Finance Act, 2023-N. No. 28/2023-CT (31.07.2023) |
2.23 |
| |
|
2.1.11.10 |
Supply of warehoused goods to any person before clearance for home consumption – Paragraph 8(a) of Schedule III – Deemed to have been inserted retrospectively with effect from 01.07.2017 – Section 159 of the Finance Act, 2023 – N. No. 28/2023-CT(31.07.2023) |
2.24 |
| |
|
2.1.11.11 |
Supply of goods by the consignee to any other person, by endorsement of documents of title to the goods, after the goods have been dispatched from the port of origin located outside India but before clearance for home consumption – Para 8(b) of Schedule III – Deemed to have been inserted retrospectively with effect from 01.07.2017 – Section 159 of the Finance Act, 2023- N. No. 28/2023-CT(31.07.2023) |
2.24 |
| |
2.1.12 |
Notified activities or transactions undertaken by government neither to be treated as supply of goods nor supply of services – Section 7(2)(b) |
2.25 |
| |
2.1.13 |
Power of the Government to specify the transactions to be treated as supply of goods or supply of services – Section 7(3) |
2.25 |
| 2.2 |
Supply of goods in the course of inter-state trade or commerce — Section 7(1), Section 7(2) and Section 7(5) of the IGST Act |
2.26 |
| 2.3 |
Intra-State Supply of Goods-Section 8(1) of the IGST Act |
2.26 |
| 2.4 |
Determination of inter-state supply of services — Sections 7(3), 7(4) and 7(5) of the IGST Act |
2.27 |
| |
2.4.1 |
Supply of Services in the Course of Inter-State Trade or Commerce – Section 7(3), Section 7(4) and Section 7(5) of the IGST Act |
2.27 |
| 2.5 |
Intra-State Supply of Services – Section 8(2) of the IGST Act, 2017 |
2.27 |
| |
2.5.1 |
Meaning of the term “establishments of distinct persons” – Explanation 1 to Section 8 of the IGST Act |
2.28 |
| |
2.5.2 |
Meaning of the term “An establishment in any territory” – Explanation 2 to Section 8 of the IGST Act |
2.28 |
| 2.6 |
Supplies in territorial waters – Section 9 of the IGST Act |
2.28 |
| 2.7 |
List of relevant Circulars/Instructions/Guidelines |
2.28 |
| Chapter 3 Place of supply of goods or services or both |
2.29 |
| 3.0 |
Introduction |
2.29 |
| 3.1 |
Necessity of having different provisions for place of supply of goods and services |
2.29 |
| 3.2 |
Reasons for having separate provisions for place of supply in respect of B2B (supplies to registered persons) and B2C (supplies to unregistered persons) transactions |
2.29 |
| 3.3 |
Place of supply of goods other than supply of goods imported into or exported from India – Section 10 |
2.30 |
| 3.4 |
Place of supply of goods imported into, or exported from India – Section 11 of the IGST Act, 2017 |
2.31 |
| 3.5 |
Place of supply of services where location of both supplier & recipient is in India – Section 12 of IGST Act, 2017 |
2.31 |
| 3.6 |
Place of supply of services when either the location of the supplier of services or the location of the recipient of services is outside India – Section 13 of the IGST Act, 2017 |
2.37 |
| 3.7 |
List of relevant Circulars/Instructions/Guidelines |
2.42 |
| Chapter 4 Zero-Rated Supply (including Exports) and Imports |
2.43 |
| 4.0 |
Introduction |
2.43 |
| 4.1 |
Zero-Rated Supply- Section 16 of IGST Act, 2017 |
2.43 |
| 4.2 |
Service provided outside India liable to IGST if consideration is not received in foreign exchange |
2.46 |
| 4.3 |
Supplies by Special Economic Zone to Domestic Tariff Area |
2.47 |
| 4.4 |
Procedure of export of supplies |
2.47 |
| 4.5 |
Treatment of import of goods and services – Sections 7(2) and Section 7(4) of IGST Act |
2.49 |
| 4.6 |
Import of services made on or after the appointed day – Section 21 of the IGST Act |
2.50 |
| 4.7 |
List of relevant Circulars/Instructions/Guidelines |
2.51 |
| Chapter 5 Levy of Tax |
2.52 |
| 5.0 |
Introduction |
2.52 |
| 5.1 |
Levy and collection of tax – Section 9 of the CGST Act, 2017 read with Section 5 of the IGST Act, 2017 |
2.52 |
| 5.2 |
Tax liability on composite and mixed supplies – Section 8 |
2.55 |
| 5.3 |
Composition Levy – Section 10 |
2.55 |
| 5.4 |
Intimation for composition levy – Rule 3 |
2.61 |
| 5.5 |
Effective date for composition levy – Rule 4 |
2.63 |
| 5.6 |
Conditions and restrictions for composition levy – Rule 5 |
2.63 |
| 5.7 |
Validity of composition levy – Rule 6 |
2.64 |
| 5.8 |
GST Portal updates on composition levy |
2.64 |
| 5.9 |
Levy and collection of compensation cess |
2.67 |
| 5.10 |
List of relevant Circulars/Instructions/Guidelines |
2.69 |
| Chapter 6 Registration |
2.70 |
| 6.0 |
Introduction |
2.70 |
| 6.1 |
Persons liable for registration – Section 22 – Applicable with effect from 22.06.2017 |
2.70 |
| 6.2 |
GST Portal updates |
2.72 |
| 6.3 |
Persons not liable for registration – Section 23 – Applicable with effect from 22.06.2017 |
2.73 |
| 6.4 |
Compulsory registration in certain cases – Section 24 – Applicable with effect from 22.06.2017 |
2.76 |
| 6.5 |
Procedure for registration – Section 25 – Applicable with effect from 22.06.2017 |
2.78 |
| |
6.5.1 |
GST Portal updates on section 25 and relevant rules |
2.95 |
| |
6.5.2 |
Mandatory Bank Account Details Submission as per law |
2.102 |
| 6.6 |
Migration of persons registered under the existing law – Rule 24 |
2.103 |
| 6.7 |
Deemed registration – Section 26-Applicable with effect from 22.06.2017 |
2.103 |
| 6.8 |
Special provisions relating to casual taxable person and non-resident taxable person – Section 27- Applicable with effect from 22.06.2017 |
2.103 |
| 6.9 |
Amendment of registration – Section 28- Applicable with effect from 22.06.2017 |
2.105 |
| 6.10 |
Cancellation of registration/with effect from 01.02.2019 cancellation or suspension of registration – Section 29 – Applicable with effect from 22.06.2017 |
2.107 |
| 6.11 |
Revocation of cancellation of registration – Section 30 – Applicable with effect from 22.06.2017 |
2.115 |
| 6.12 |
Method of authentication – Rule 26 |
2.120 |
| 6.13 |
GST Portal Updates on Rule 26 |
2.122 |
| 6.14 |
Manner of retrieval of username/password of a registered person |
2.122 |
| 6.15 |
Downloading of registration certificate |
2.122 |
| 6.16 |
Procedure for making non- core and core amendments in registration certificate |
2.123 |
| 6.17 |
List of relevant Circulars/Instructions/Guidelines |
2.124 |
| Chapter 7 Electronic Commerce including TCS |
2.125 |
| 7.0 |
Introduction |
2.125 |
| 7.1 |
Meaning of Electronic Commerce |
2.125 |
| 7.2 |
Collection of tax at source – Section 52 – Applicable with effect from 01.10.2018- N. No. 51/2018-CT (13.09.2018) |
2.125 |
| 7.3 |
List of relevant Circulars/Instructions/Guidelines |
2.132 |
| Chapter 8 Valuation of Taxable Supply |
2.133 |
| 8.0 |
Introduction |
2.133 |
| 8.1 |
Valuation of taxable supply – Section 15 |
2.133 |
| 8.2 |
Value of supply of goods or services where the consideration is not wholly in money – Rule 27 |
2.135 |
| 8.3 |
Value of supply of goods or services or both between distinct or related persons, other than through an agent – Rule 28 |
2.136 |
| 8.4 |
Value of supply of goods made or received through an agent – Rule 29 |
2.137 |
| 8.5 |
Value of supply of goods or services or both based on cost – Rule 30 |
2.137 |
| 8.6 |
Residual method for determination of value of supply of goods or services or both |
2.137 |
| 8.7 |
Value of supply in case of lottery, betting, gambling and horse-racing – Rule 31A |
2.137 |
| 8.8 |
Value of supply in case of online gaming including online money gaming-Rule 31B |
2.138 |
| 8.9 |
Value of supply of actionable claims in case of casino-Rule 31C |
2.138 |
| 8.10 |
Determination of value in respect of certain specified supplies – Rule 32 |
2.139 |
| 8.11 |
Value of supply of services in case of pure agent – Rule 33 |
2.142 |
| 8.12 |
Cumulative conditions to be satisfied by a pure agent – Rule 33 |
2.142 |
| 8.12.1 |
Difference between “expenses” and “reimbursement” |
2.143 |
| 8.13 |
Value of supply inclusive of integrated tax, central tax, state tax, union territory tax – Rule 35 |
2.143 |
| 8.14 |
Manner of valuation in certain other cases |
2.143 |
| 8.15 |
List of relevant Circulars/Instructions/Guidelines |
2.145 |
| Chapter 9 Input Tax Credit |
2.146 |
| 9.0 |
Introduction |
2.146 |
| 9.1 |
Burden of proof regarding eligibility to claim ITC lies on the claimant- Section 155 |
2.147 |
| 9.2 |
Eligibility and conditions for taking input tax credit — Section 16 |
2.147 |
| |
9.2.1 |
Registered person eligible to claim ITC subject to prescribed conditions and restrictions — Section 16(1) |
2.147 |
| |
9.2.2 |
Cumulative conditions for availing eligible ITC by a registered person — Section 16(2) |
2.147 |
| |
9.2.3 |
Tax credit not to be allowed if depreciation claimed on the component of tax — Section 16(3) |
2.154 |
| |
9.2.4 |
Time limit for availing ITC in respect of any invoice or debit note for supply of goods or services or both — Section 16(4) |
2.154 |
| 9.3 |
Apportionment of credit and blocked credits — Section 17 |
2.156 |
| |
9.3.1 |
Proportionate input tax credit if goods or services or both are used partly for the purposes of business and partly for “other purposes” — Section 17(1) |
2.156 |
| |
9.3.2 |
Proportionate input tax credit if goods or services or both are used partly for the purposes of making taxable supplies and partly for making exempt supplies — Section 17(2) |
2.157 |
| |
9.3.3 |
Inclusions in value of exempt supply for the purpose of Section 17(2) — Section 17(3) |
2.157 |
| |
9.3.4 |
Manner of determination of ITC in respect of inputs or input services and reversal thereof — Rule 42 |
2.158 |
| |
9.3.5 |
Manner of determination of input tax credit in respect of capital goods and reversal thereof in certain cases — Rule 43 |
2.163 |
| |
9.3.6 |
Option given to banking company or a financial institution in respect of availment of ITC — Section 17(4) |
2.170 |
| |
9.3.7 |
Blocked credits — Section 17(5) |
2.172 |
| |
9.3.8 |
Division of credit under section 17(1) and section 17(2) as per Rule 42 and Rule 43 — Section 17(6) |
2.176 |
| 9.4 |
Availability of ITC in special circumstances — Section 18 |
2.176 |
| |
9.4.1 |
Credit availability in specified special circumstances — Section 18(1) |
2.176 |
| |
9.4.2 |
No tax credit after the expiry of one year from the date of issue of tax invoice – Section 18(2) |
2.179 |
| |
9.4.3 |
Transfer of ITC in case of change in the constitution of a registered person – Section 18(3) |
2.179 |
| |
9.4.4 |
Payment of ITC where the supplier shifts from regular scheme to composition levy or where supplies made by supplier become wholly exempt — Section 18(4) |
2.180 |
| |
9.4.5 |
Manner of calculation of the amount of credit under Section 18(1) and the amount payable under Section 18(4) — Section 18(5) |
2.181 |
| |
9.4.6 |
Payment of input tax credit or payment of tax on transactional value of capital goods etc. — Section 18(6) |
2.181 |
| 9.5 |
Taking ITC in respect of inputs and capital goods sent for job-work — Section 19 |
2.182 |
| 9.6 |
Manner of distribution of credit by Input Service Distributor — Section 20 |
2.184 |
| 9.7 |
Manner of recovery of credit distributed in excess — Section 21 |
2.187 |
| 9.8 |
Special procedure for availing ITC for corporate debtors undergoing the corporate insolvency resolution process with effect from 21.03.2020 |
2.187 |
| 9.9 |
Utilisation of ITC in respect of compensation cess for payment of compensation cess only-Proviso to Section 11(2) of the GST (Compensation to States) Act, 2017 |
2.188 |
| 9.10 |
List of relevant Circulars/Instructions/Guidelines |
2.188 |
| Chapter 10 Time of Supply and Payment of Tax |
2.189 |
| 10.0 |
Introduction |
2.189 |
| 10.1 |
Time of supply of goods – Section 12 |
2.189 |
| 10.2 |
Time of supply of services – Section 13 |
2.191 |
| |
10.2.1 |
Time of supply in case of a registered person engaged in supply of construction services against transfer of development rights and vice-versa |
2.192 |
| |
10.2.2 |
Time of supply in case of specified registered persons engaged in supply of construction services |
2.193 |
| 10.3 |
Change in rate of tax in respect of supply of goods or services – Section 14 |
2.193 |
| 10.4 |
Payment of tax, interest, penalty and other payments – Section 49 |
2.194 |
| 10.5 |
Interest on delayed payment of tax – Section 50 |
2.212 |
| 10.6 |
GST Portal Updates on Section 50 |
2.219 |
| 10.7 |
Tax deduction at source – Section 51 – Applicable with effect from 01.10.2018 |
2.219 |
| 10.8 |
Collection of Tax at Source – Section 52 – Applicable with effect from 01.10.2018 |
2.221 |
| 10.9 |
Special provision for payment of tax by the supplier of OIDAR services – Section 14 of the IGST Act, 2017 |
2.222 |
| 10.10 |
Special provision for specified actionable claims supplied by a person located outside taxable territory- Section 14A of the IGST Act, 2017 |
2.223 |
| 10.11 |
Transfer of input tax credit – Section 53 |
2.223 |
| 10.12 |
Transfer of certain amounts – Section 53A |
2.224 |
| 10.13 |
List of relevant Circulars/Instructions/Guidelines |
2.224 |
| Chapter 11 Reverse Charge under GST |
2.225 |
| 11.0 |
Introduction |
2.225 |
| 11.1 |
Analysis of reverse charge provisions – Sections 9(3) and section 9(4) of the CGST Act/Section 5(3) & Section 5(4) of the IGST Act |
2.225 |
| 11.2 |
List of relevant Circulars/Instructions/Guidelines |
2.242 |
| Chapter 12 Tax Invoice, Credit and Debit Notes |
2.243 |
| 12.0 |
Introduction |
2.243 |
| 12.1 |
Tax Invoice (including a revised tax invoice) – Section 31 |
2.243 |
| 12.2 |
Particulars of tax invoice, bill of supply and other related documents |
2.247 |
| 12.3 |
Powers of Board in respect of HSN code to be mentioned in a tax invoice- First proviso to Rule 46 |
2.253 |
| 12.4 |
Specific endorsement and specified particulars included in a tax invoice in case of export of goods or Services-Third proviso to Rule 46 |
2.255 |
| 12.5 |
E-invoicing under GST |
2.255 |
| 12.6 |
Other important rules in respect of tax invoice etc. |
2.265 |
| 12.7 |
Prohibition on unauthorized collection of tax – Section 32 |
2.268 |
| 12.8 |
Amount of tax indicated in tax invoice and other documents – Section 33 |
2.268 |
| 12.9 |
Credit and debit notes – Section 34 |
2.268 |
| 12.10 |
List of relevant Circulars/Instructions/Guidelines |
2.269 |
| Chapter 13 Returns |
2.270 |
| 13.0 |
Introduction |
2.271 |
| 13.1 |
Furnishing details of outward supplies – Section 37 enforceable with effect from 01.07.2017 |
2.271 |
| |
13.1.1 |
Furnishing details of outward supplies – Section 37(1) |
2.271 |
| |
13.1.2 |
Acceptance or rejection of amendment in details by the supplier – Section 37(2) |
2.272 |
| |
13.1.3 |
Rectification of error or omission in furnishing details of outward supply under Section 37(3) |
2.272 |
| |
13.1.3A |
Tax-period wise sequential furnishing of Form GSTR-1- Section 37(4) – Inserted with effect from 01.10.2022- Section 103 of the Finance Act, 2022 |
2.273 |
| |
13.1.3B |
Three-year time limit for furnishing of Form GSTR-1-Section 37(5) – Inserted with effect from 01.10.2023- Section 142 of the Finance Act, 2023- N. No. 28/2023-CT (31.07.2023) |
2.273 |
| |
13.1.4 |
Form and manner of furnishing details of outward supplies – Rule 59 |
2.273 |
| |
13.1.5 |
Format of the GSTR-1 |
2.276 |
| 13.2 |
Furnishing details of inward supplies – Section 38 enforceable with effect from 01.07.2017 |
2.282 |
| |
13.2.1 |
Verification of details communicated under section 37(1) by the recipient of supplies |
2.282 |
| |
13.2.2 |
Contents of auto-generated statement– Substituted Section 38(2) |
2.282 |
| |
13.2.3 |
Communication of amendment in details by the recipient of supplies – Section 38(3) |
2.283 |
| |
13.2.4 |
Communication of amendment in details by the recipient of supplies being composition supplier or input service distributor – Section 38(4) |
2.284 |
| |
13.2.5 |
Rectification of error or omission in furnishing details of inward supply – Section 38(5) |
2.284 |
| |
13.2.6 |
Form and manner of furnishing details of inward supplies – Rule 60 |
2.284 |
| 13.3 |
Furnishing of returns – Section 39 enforceable with effect from 01.07.2017 |
2.286 |
| |
13.3.1 |
Furnishing of monthly return in FORM GSTR-3/GSTR-3B –Section 39(1) |
2.286 |
| |
13.3.1A |
Form and manner of submission of monthly return- Rule 61 |
2.287 |
| |
13.3.1B |
Quarterly Return Monthly Payment (QRMP) Scheme – Rule 61A |
2.292 |
| |
13.3.2 |
Returns by a person paying tax under composition levy – Section 39(2) |
2.299 |
| |
13.3.3 |
Monthly return by a person liable for deducting tax at source in FORM GSTR 7 – Section 39(3) |
2.303 |
| |
13.3.4 |
Monthly return by an input service distributor – Section 39(4) |
2.305 |
| |
13.3.5 |
Monthly return by a non-resident taxable person – Section 39(5) |
2.305 |
| |
13.3.6 |
Extension of time limit for furnishing returns under Section 39 –Section 39(6) |
2.307 |
| |
13.3.7 |
Tax to be paid on or before last date of furnishing return – Section 39(7) |
2.307 |
| |
13.3.8 |
Compulsory furnishing of returns even in case of no supply during a tax period – Section 39(8) |
2.308 |
| |
13.3.9 |
Rectification of omission or incorrect particulars furnished in the return – Section 39(9) |
2.308 |
| |
13.3.10 |
Prohibition on furnishing return for a tax period in case of failure to furnish Form GSTR-3B or Form GSTR-1 for one or more previous tax periods – Section 39(10) |
2.309 |
| |
13.3.11 |
Three-year time limit for furnishing return-Section 39(11) – Inserted with effect from 01.10.2023- Section 143 of the Finance Act, 2023- N. No. 28/2023-CT (31.07.2023) |
2.309 |
| |
13.3.12 |
Relevant Judicial Pronouncements on GSTR-3B |
2.319 |
| 13.4 |
First return – Section 40 enforceable with effect from 01.07.2017 |
2.320 |
| 13.5 |
Availment of input tax credit – Section 41 |
2.320 |
| 13.6 |
Matching, reversal and reclaim of input tax credit – Section 42 |
2.320 |
| 13.7 |
Matching, reversal and reclaim of reduction in output tax liability – Section 43 |
2.324 |
| 13.8 |
Procedure for furnishing return and availing ITC – Section 43A |
2.328 |
| 13.9 |
Annual Return – Section 44 enforceable with effect from 01.07.2017 |
2.329 |
| 13.10 |
Final Return – Section 45 enforceable with effect from 01.07.2017 |
2.334 |
| 13.11 |
Notice to return defaulters – Section 46 enforceable with effect from 01.07.2017 |
2.335 |
| 13.12 |
Levy of Late Fee – Section 47 enforceable with effect from 01.07.2017 |
2.336 |
| 13.13 |
Goods and services tax practitioners – Section 48 enforceable with effect from 01.07.2017 |
2.338 |
| |
13.13.1 |
GST Portal Updates on GST Practitioner |
2.341 |
| 13.14 |
List of relevant Circulars/Instructions/Guidelines |
2.341 |
| Chapter 14 Refunds |
2.342 |
| 14.0 |
Introduction |
2.342 |
| 14.1 |
Refund of Tax – Section 54 |
2.343 |
| 14.2 |
Refund in certain cases – Section 55 |
2.357 |
| 14.3 |
Interest on delayed refunds – Section 56 |
2.358 |
| 14.4 |
Consumer Welfare fund – Section 57 |
2.359 |
| 14.5 |
Utilisation of Consumer Welfare Fund – Section 58 |
2.359 |
| 14.6 |
Refund of integrated tax to international tourist – Section 15 of the IGST Act [to be read with Rule 95A] |
2.359 |
| 14.7 |
Application for refund of tax, interest, penalty, fees or any other amount – Rule 89 [to be read with Section 54] |
2.360 |
| 14.8 |
Acknowledgement – Rule 90 [to be read with Section 54] |
2.370 |
| 14.9 |
Grant of provisional refund – Rule 91 [to be read with Section 54] |
2.371 |
| 14.10 |
Order sanctioning refund – Rule 92 [to be read with Section 54] |
2.372 |
| 14.11 |
Credit of the amount of rejected refund claim –Rule 93 [to be read with Section 54] |
2.375 |
| 14.12 |
Order sanctioning interest on delayed refunds – Rule 94 [to be read with Section 56] |
2.375 |
| 14.13 |
Refund of tax to certain persons – Rule 95 [to be read with Section 55] |
2.376 |
| 14.14 |
Refund of taxes to the retail outlets established in departure area of an international airport beyond immigration counters making tax free supply to an outgoing international tourist – Rule 95A inserted with effect from 01.07.2019 but omitted retrospectively with effect from 01.07.2019 vide N. No. 14/2022-CT (05.07.2022) |
2.376 |
| 14.15 |
Refund of integrated tax paid on goods or services exported out of India – Rule 96 |
2.377 |
| 14.16 |
Export of goods or services under bond or Letter of Undertaking – Rule 96A |
2.382 |
| 14.17 |
Recovery of refund of unutilised ITC or integrated tax paid on export of goods where export proceeds are not realised — Rule 96B |
2.384 |
| 14.18 |
Bank Account for credit of refund- Rule 96C |
2.384 |
| 14.19 |
Consumer Welfare Fund – Rule 97 |
2.385 |
| 14.20 |
Taxpayers exempted from indirect taxes in Pre-GST regime shall first pay taxes under GST Regime and then get refund of taxes paid |
2.385 |
| 14.21 |
Manual filing and processing – Rule 97A |
2.385 |
| 14.22 |
Refund of Compensation Cess – Section 9(2) of the GST (Compensation to States) Act, 2017 |
2.385 |
| 14.23 |
List of relevant Circulars/Instructions/Guidelines |
2.385 |
| Chapter 15 Accounts and Records |
2.386 |
| 15.0 |
Introduction |
2.386 |
| 15.1 |
Accounts and Other Records – Section 35 |
2.386 |
| |
15.1.1 |
Rules regarding maintenance of accounts – Rules 56 to 58 |
2.388 |
| |
15.1.2 |
Conduct of GST audit state-wise |
2.391 |
| 15.2 |
Period of retention of accounts – Section 36 |
2.392 |
| |
15.2.1 |
List of relevant Circulars/Instructions/Guidelines |
2.393 |
| |
|
|
|
|
Chapter 16 Offences, Penalties and Prosecution |
2.394 |
| 16.0 |
Introduction |
2.394 |
| 16.1 |
Penalty for certain offences – Section 122 |
2.395 |
| 16.2 |
Penalty for beneficiary and the person at whose instance any of the specified transactions is carried out – Insertion of section 122(1A) inserted with effect from 01.01.2021 – Section 126 of the Finance Act, 2020 |
2.399 |
| 16.2A |
Penalty for Electronic Commerce Operators in case of contravention of provisions relating to supplies made through them- Section 122(1B) inserted with effect from 01.10.2023-Section 155 of the Finance Act, 2023 -N.No. 28/2023-CT (31.07.2023) |
2.400 |
| 16.3 |
Penalty for failure to furnish “information return” – Section 123 |
2.400 |
| 16.4 |
Fine for failure to furnish statistics – Section 124 |
2.400 |
| 16.5 |
General penalty – Section 125 |
2.400 |
| 16.6 |
General disciplines related to levy of Penalty – Section 126 |
2.401 |
| 16.7 |
Power to impose penalty in certain cases after giving a reasonable opportunity of being heard – Section 127 |
2.401 |
| 16.8 |
Power to waive penalty or late fee or both – Section 128 |
2.402 |
| 16.9 |
Detention, seizure and release of goods and conveyances in transit – Section 129 |
2.402 |
| 16.10 |
Confiscation of goods or conveyances and levy of penalty – Section 130 |
2.406 |
| 16.11 |
Confiscation or penalty not to interfere with other punishments – Section 131 |
2.409 |
| 16.12 |
Punishment for certain offences – Section 132 |
2.409 |
| 16.13 |
Liability of officers and certain other persons – Section 133 |
2.413 |
| 16.14 |
Cognizance of Offences – Section 134 |
2.414 |
| 16.15 |
Presumption of culpable mental state – Section 135 |
2.414 |
| 16.16 |
Relevancy of statements under certain circumstances – Section 136 |
2.414 |
| 16.17 |
Offences by Companies – Section 137 |
2.415 |
| 16.18 |
Compounding of Offences – Section 138 |
2.415 |
| 16.18.1 |
Procedure for compounding of offences – Rule 162 |
2.419 |
| 16.19 |
List of relevant Circulars/Instructions/Guidelines |
2.421 |
|
Chapter 17 Assessment under GST |
2.422 |
| 17.0 |
Introduction |
2.422 |
| 17.1 |
Types of Assessments |
2.422 |
| 17.1.1 |
Self-assessment – Section 59 |
2.422 |
| 17.1.2 |
Provisional Assessment – Section 60 |
2.422 |
| 17.1.3 |
Other important aspects relating to provisional assessment |
2.423 |
| 17.1.4 |
Procedure for making payment of tax on provisional basis – Rule 98 |
2.423 |
| 17.2 |
Scrutiny of Returns – Section 61 |
2.424 |
| 17.2.1 |
Procedure for scrutiny of returns – Rule 99 |
2.425 |
| 17.3 |
Assessment of non-filers of returns – Section 62 |
2.425 |
| 17.4 |
Assessment of unregistered persons – Section 63 |
2.426 |
| 17.5 |
Summary Assessment – Section 64 |
2.427 |
| 17.6 |
List of relevant Circulars/Instructions/Guidelines |
2.427 |
|
Chapter 18 Audit under GST |
2.428 |
| 18.0 |
Introduction |
2.428 |
| 18.1 |
Analysis of the term “Audit” – Section 2(13) |
2.428 |
| 18.2 |
Types of Audits under GST |
2.430 |
| 18.2.1 |
|
2.430 |
| 18.2.2 |
Audit by Tax Authorities – Section 65 |
2.431 |
| 18.2.3 |
Special Audit – Section 66 |
2.433 |
| 18.3 |
Conduct of GST Audit State-Wise |
2.434 |
| 18.4 |
Appointing authority of GST auditor |
2.434 |
| 18.5 |
Communication with previous auditor in case of change of GST Auditor |
2.434 |
| 18.6 |
GST Auditor shall be deemed to be guilty of professional misconduct in specified situations |
2.435 |
| 18.7 |
Specialised GST audits which may be conducted by a chartered accountant or a cost accountant |
2.435 |
| 18.8 |
General checklist for a chartered accountant before accepting the appointment as an auditor |
2.435 |
| 18.9 |
Important GST Points to be kept in mind while finalising financial statements for any financial year |
2.435 |
| 18.10 |
GST Audit Programme |
2.440 |
| 18.11 |
Removal of GST Auditor only on goods and substantial grounds related to his performance |
2.442 |
| 18.12 |
Penal provisions for not getting the accounts audited – Section 47(2) and Section 125 |
2.443 |
| 18.13 |
GST Portal updates on Sections 35, 65 and 66 |
2.443 |
|
Chapter 19 Inspection, Search, Seizure, Arrest and E-Way Rules |
2.444 |
| 19.0 |
Introduction |
2.444 |
| 19.1 |
Power of inspection, search and seizure – Section 67 |
2.444 |
| 19.2 |
Inspection of goods in movement – Section 68 |
2.450 |
| 19.3 |
Power to arrest – Section 69 |
2.471 |
| 19.4 |
Power to summon persons to give evidence and produce documents – Section 70 |
2.472 |
| 19.5 |
Access to business premises – Section 71 |
2.475 |
| 19.6 |
Officers to assist proper officers – Section 72 |
2.476 |
| 19.7 |
List of relevant circulars |
2.476 |
| 19.8 |
List of relevant Circulars/Instructions/Guidelines |
2.476 |
|
Chapter 20 Demands and Recovery |
2.477 |
| 20.0 |
Introduction |
2.477 |
| 20.1 |
Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful-misstatement or suppression of facts – Section 73 |
2.477 |
| 20.2 |
Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful-misstatement or suppression of facts – Section 74 |
2.484 |
| 20.2A |
Indicative Guidelines for issuance of show cause notices (both under Sections 73 and 74) by Delhi GST Department, dated 01.02.2022 |
2.488 |
| 20.3 |
General provisions relating to determination of tax – Section 75 |
2.489 |
| 20.4 |
Tax collected but not paid to the Government – Section 76 |
2.492 |
| 20.5 |
Tax wrongfully collected and paid to Central Government or State Government – Section 77 of the CGST Act/Section 19 of the IGST Act |
2.496 |
| 20.6 |
Initiation of recovery proceedings – Section 78 |
2.496 |
| 20.7 |
Modes of recovery of tax due to Government – Section 79 |
2.496 |
| 20.8 |
Payment of tax and other amount in instalments – Section 80 |
2.506 |
| 20.9 |
Transfer of property to be void in certain cases – Section 81 |
2.507 |
| 20.10 |
Tax to be first charge on property – Section 82 |
2.507 |
| 20.11 |
Provisional attachment to protect revenue in certain cases – Section 83 |
2.507 |
| 20.12 |
Continuation and validation of certain recovery proceedings – Section 84 |
2.510 |
| 20.13 |
Recovery from company in liquidation |
2.511 |
| 20.14 |
List of relevant Circulars/Instructions/Guidelines |
2.511 |
|
Chapter 21 Appeals and Revision |
2.512 |
| 21.0 |
Introduction |
2.512 |
| 21.1 |
Appeals to Appellate Authority – Section 107 |
2.512 |
| 21.2 |
Powers of Revisional Authority – Section 108 |
2.523 |
| 21.3 |
Constitution of Appellate Tribunal and Benches thereof – Section 109 substituted with effect from 01.08.2023 |
2.525 |
| 21.4 |
President and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc. – Section 110 substituted with effect from 01.08.2023 |
2.527 |
| 21.5 |
Procedure before Appellate Tribunal – Section 111 |
2.531 |
| 21.6 |
Appeals to Appellate Tribunal – Section 112 |
2.532 |
| 21.7 |
Orders of Appellate Tribunal – Section 113 |
2.535 |
| 21.8 |
Financial and administrative powers of President – Section 114 substituted with effect 01.08.2023 |
2.536 |
| 21.9 |
Interest on refund of amount paid for admission of appeal – Section 115 |
2.536 |
| 21.10 |
Appearance by Authorized Representative – Section 116 |
2.536 |
| 21.11 |
Appeals to High Court – Section 117 |
2.537 |
| 21.12 |
Appeals to Supreme Court – Section 118 |
2.539 |
| 21.13 |
Sums due to be paid notwithstanding appeal etc. – Section 119 |
2.539 |
| 21.14 |
Appeal not to be filed in certain cases – Section 120 |
2.540 |
| 21.15 |
Non-appealable decisions and orders – Section 121 |
2.541 |
| 21.16 |
List of relevant Circulars/Instructions/Guidelines |
2.541 |
|
Chapter 22 Advance Ruling |
2.542 |
| 22.0 |
Introduction |
2.542 |
| 22.1 |
Authority for Advance Ruling – Section 96 |
2.543 |
| 22.2 |
Application for Advance Ruling – Section 97 |
2.543 |
| 22.3 |
Procedure on receipt of application – Section 98 |
2.544 |
| 22.4 |
Appellate Authority for Advance Ruling – Section 99 |
2.546 |
| 22.5 |
Appeals to the Appellate Authority – Section 100 |
2.546 |
| 22.6 |
Orders of the Appellate Authority – Section 101 |
2.547 |
| 22.7 |
Constitution of National Appellate Authority for advance ruling – Section 101A |
2.547 |
| 22.8 |
Appeal to National Appellate Authority – Section 101B |
2.550 |
| 22.9 |
Order of National Appellate Authority – Section 101C |
2.551 |
| 22.10 |
Rectification of advance ruling – Section 102 |
2.551 |
| 22.11 |
Applicability of advance ruling – Section 103 |
2.552 |
| 22.12 |
Advance ruling to be void in certain circumstances – Section 104 |
2.552 |
| 22.13 |
Powers of Authority, Appellate Authority and National Appellate Authority |
2.553 |
| 22.14 |
Procedure of the Authority, the Appellate Authority and the National Appellate Authority |
2.553 |
| 22.15 |
List of relevant Circulars/Instructions/Guidelines |
2.553 |
|
Chapter 23 Liability to pay in certain cases |
2.554 |
| 23.0 |
Introduction |
2.554 |
| 23.1 |
Liability in case of transfer of business – Section 85 |
2.554 |
| 23.2 |
Liability of agent and principal – Section 86 |
2.554 |
| 23.3 |
Liability in case of amalgamation or merger of companies – Section 87 |
2.555 |
| 23.4 |
Liability in case of company in liquidation – Section 88 |
2.555 |
| 23.5 |
Liability of directors of private company – Section 89 |
2.556 |
| 23.6 |
Liability of partners of firm to pay tax – Section 90 |
2.556 |
| 23.7 |
Liability of guardians, trustees, etc. – Section 91 |
2.556 |
| 23.8 |
Liability of Court of Wards, etc. – Section 92 |
2.557 |
| 23.9 |
Special provisions regarding liability to pay tax, interest or penalty in certain cases – Section 93 |
2.557 |
| 23.10 |
Liability in other cases – Section 94 |
2.558 |
| 23.11 |
List of relevant Circulars/Instructions/Guidelines |
2.558 |
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