(DIT) Notes
(DIT) Notes
Com
SEM VI
1. Introduction [S.1]
2. Definitions [S.2]
3. Scope of Supply [S.7-8]
4. Levy and Collection of Tax [S.9]
5. Exemption from Tax [S.11]
6. Composition Levy [S.10]
7. Registration Under GST Law [S. 22 -30]
8. Time of Supply [S.12-14]
9. Place of Supply [S.7-13:IGST Act]
10. Value of Supply [S. 15]
11. Payment of Tax [S. 49]
12. Input Tax Credit [S. 16,18]
13. Computation of Liability and Tax
INTRODUCTION TO GST
Definition:
Under Article 366 of the Constitution, Goods and Services Tax (GST) means any tax on supply
of goods, or services or both except taxes on the supply of the alcoholic liquor for human
consumption.
1
5. Shifting of The burden of direct tax cannot be The burden of indirecttax is shifted to
Burden shifted to another person. It is the subsequent user i.e. (final user)
directly borne by the tax payer.
6. Time of Direct Taxes are collected after the Indirect taxesare collected at the time
Collection income for a year is earned of sale or purchase or rendering of
services.
7. Examples Income tax GST, Custom Duty
GST Council CGST, IGST, UTGST GST Council 1st GST Council
recommend and Compensation Recommends the Meeting
All States s all the Cess Acts passed CGST, SGST, IGST,
except J&K rules UTGST and • Notifying and
passed 30th June 2017 Compensation Cess amending rules
their SGST Act • Dealing with IT
ACT 1st July 2017 8th July 2017 Journey
Continues… related issues
• Revision of Rates
GST SGST Act passed by J&K; CGST and • Clarification and
Launched IGST Ordinances promulgated to communication
extend GST to J&K with taxpayers
Features of GST:
1. Tax on Consumption:
GST is a tax on consumption of goods and services i.e. tax is borne by the consumer in
the State where goods and / or services are finally consumed.
2
3. Value Added Tax:
Goods and Services Tax is in the nature of a Value Added Tax i.e. a tax is collected step
by step based on the valued added at each stage of production or distribution. The
businessman pays GST on the price of the product minus the GST previously paid on
goods and services.
4. Tax on Supply:
GST is a tax on supply and not on manufacture or sale. Therefore, stock transfer /
branch transfers / free gifts can be taxed.
SCOPE OF GST:
1. All Goods and Services:
As per Article 366 (2A) of the Constitution, GST is levied on all goods and services, except
alcoholic liquor for human consumption.
2. Alcoholic Liquor for Human Consumption:
Alcoholic liquor for human consumption is outside the charge of GST. The manufacture /
production of alcoholic liquor continue to be subjected to State Excise Duty and Inter-State /
Intra-State sale of the same is subject to CST / VAT respectively.
3. Petroleum Products:
Petroleum crude, diesel, petrol, Aviation Turbine Fuel (ATF) and Natural Gas are not
presently leviable to GST. GST will be levied on these products from a date to be notified
on the recommendations of the GST council. Till such date, Central Excise Duty continues
to be levied on manufacture / production of Petroleum crude, Diesel, Petrol, Aviation
Turbine Fuel (ATF) and Natural Gas and inter-State / Intra State Sale of the same is subject
to CST / VAT respectively.
3
Products Excluded from GST /Products Outside
GST
Alcohol for
human Power to tax remains
consumption with the State
Five petroleum
GST Council to decide the date from
products – Crude Oil ,
which GST will be applicable
Diesel, Petrol, Natural
Gas and ATF
Entertainment tax
Power to tax remains
levied by local
bodies with local bodies 16
GST
Intra-State Inter State
Supply Supply
4
CGST+SGST/UTGST
DUAL GST:
India has adopted a Dual GST model which has the following features:
1. CGST/ SGST / UTGST on Intra-State Supply:
CGST on Intra-State Supply is chargeable when the supplier and the recipient are
both located within the country.
SGST is chargeable only when the supplier and the recipient are both located
within the same State.(CGST+SGST)
UTGST is chargeable only when the supplier and the recipient are both located
within the Same Union Territory. (CGST +UTGST)
5
CGST+SGST
Supplier and recipients are from same state – CGST+SGST
Supplier and recipient are from UT- CGST+UTGST
India is a federal country where both the Centre and the States have the power to levy and
collect taxes in order to raise resources to perform their responsibilities.
GST Laws:
The Law Purpose
The Central Goods and Services Tax, 2017 To levy, collect CGST on intra state / UT
(CGST Act) supplies
The State Goods and Services Tax, 2017 To levy, collect SGST on intra state
(SGST Act) supplies
The Union Territory Goods and Services To levy, collect UTGST on intra UT
Tax, 2017 (UTGST Act) Supplies
The Integrated Goods and Services Tax, To levy, collect IGST on inter-state
2017 (IGST Act) supplies
GST (Compensation to States) Tax, 2017 To compensate states for the loss of
revenue, if any, due to introduction of GST
6
Haveli, Daman and Diu and Chandigarh) are governed by UTGST Act, 2017 for levying
UTGST.
Imports: IGST will be levied on import of Goods and / or Services. Therefore, Import
will be attracting Basic Custom Duty plus IGST.
Central Taxes
Subsumed Not Subsumed
1. Central Excise duty
2. Duties of Excise (Medicinal and Toilet • Customs Duty
Preparations)
3. Additional Duties of Excise (Goods of
Special Importance)
4. Additional Duties of Excise (Textiles and
Textile Products)
5. Additional Duties of Customs (commonly
known as CVD)
6. Special Additional Duty of Customs (SAD)
7. Service Tax
8. Central Surcharges and Cesses so far as
they relate to supply of goods and services
State Taxes
Subsumed Not Subsum ed
1. State VAT (MVAT)
• S tate Excise
2. Central Sales Tax
D uty
3. Luxury Tax
• S tamp Duty
4. Entry Tax (all forms)
5. Entertainment an d Amusement Tax • P rofession Tax
(except when levied by the local bodies) • Electricity D uty
6. Taxes on advertisements g. Purchase Tax • S ales Tax on
7. Taxes on lotteries, betting and gambling F ive Petroleum
8. State Surcharges an d Cesses so far as P roducts
they relate to su pply of goods7 and
services .
Fill in the blanks:
1. GST is a -------------------- based tax.
2. CGST is applicable to ----------------------- (Intra-state / Inter-State supply)
3. Import will be attract Basic Custom Duty ----------- (plus / or ) IGST.
4. GST was introduced in India on ----------
5. Which of the following tax is not subsumed in GST?
a. VAT
b. Stamp Duty
c. Entry Tax
d. Entertainment Tax
6. GST is a national level tax based on ----------
a. First Point Tax Principle
b. Value Added Principle
c. Last Point Principle
d. All of the above
7. Goods and Services tax is a tax levied on goods and services imposed at each point of
------------
a. Sale
b. Services
c. Supply
d. Manufacturing
8
Definitions
According to S. 2(52) “goods” means every kind of movable property other than money and
securities but includes actionable claim, growing crops, grass and things attached to or forming
part of the land which are agreed to be served before supply or under a contract of supply.
Goods
Means
Includes
- Actionable claim
- Growing Crops
- Grass and things
forming part of land
agreed to be served
before supply or under
a contract of supply
Movable Goods
Excluding Money:
Money means the Indian legal tender or any foreign currency, cheque, promissory note, bill of
exchange, letter of credit, demand draft, pay order, traveler cheque, money order, postal or
electronic remittance or any other instrument recognized by the Reserve Bank of India when
used as a consideration to settle an obligation or exchange with Indian legal tender of another
denomination
9
Excluding Securities:
Securities are specifically excluded from the definition of both Goods and Services. Hence,
supply of securities is not subject to GST. Securities include Shares, Debentures, Units of
Mutual Funds, Government Securities or rights in securities.
1. Money is --------------
a. specifically included in the definition of goods
b. specifically included in the definition of services
c. Specifically excluded from the definition of goods as well as services
d. None of the above
10
Services [S.2(102)]
According to S.2(102), “services” means anything other than goods, money and securities but
includes activities relating to the use of money or its conversion by cash or by any other mode,
from one form, currency or denomination, to another form, currency or denomination for which
a separate consideration is charged.
Identify whether the following are goods or not as per GST Act, 2017.
According to S.2 (108) “taxable supply” means a supply of goods or services or both which is
leviable to tax under this Act.
According to S.2(78), “non-taxable supply” means a supply of goods or services or both which is
not leviable to tax under this Act or under the Integrated Goods and Services Tax Act.
Non-taxable supply is supply of alcoholic liquor for human consumption and petroleum products
are not subject to GST.
11
According to S.2(98), “reverse charge” means the liability to pay tax by the recipient of supply
of goods or services or both instead of the supplier of such goods or services or both.
According to S.2(45), “Electronic Commerce operator” means any person who owns, operates or
manages digital or electronic facility or platform for electronic commerce.
In other words, Electronic Commerce Operator includes every person who directly or indirectly,
owns, operates or manages a digital / electronic facility or platform for supply of goods or
services or both.
While an aggregator (Uber,Ola, Zomato, Swiggyetc) only connects the customer with the
supplier / services provider, an e-commerce operator (Amazon, Flipkart) facilitates the entire
process of the supply of goods / provision of services. Under the GST law, even aggregators
would be covered under the definition o “Electronic Commerce Operator”.
It may be noted that the threshold limits for registration would not apply and he would be
required to obtain registration irrespective of his turnover.
12
4. Services of funeral, burial, crematorium or mortuary including transportation of the
deceased.
5. Sale of land and sale of building
6. Actionable claims, other than lottery, betting and gambling
7. 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
8. a. Supply of warehoused goods to any person before clearance for home
consumption;
b. 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.
**the term court includes District, High Court and Supreme Court.
Explanation:
1. Court fees: Fees by a District / High / Supreme Court are not ‘supply’. GST is not
leviable on fee charged by Consumer Disputes Redressal Commission.
2. Services by MP, MLA etc.: Service does not cover functions or duties performed by
Members of Parliament, State Legislatures, Panchayat, Municipalities or any other local
authority.
3. Constitutional Posts: Service does not cover functions or duties performed by any
person who holds any post in pursuance of the provisions of the Constitution e.g. Central
Vigilance Commission, Competition Commission of India, Khadi and Village Industries
Commission, National Commission for Women, National Human Rights Commission,
National Knowledge Commission, Planning Commission, Staff Selection Commission,
Union Public Service Commission (UPSC).
4. Chairman / Director / Member of Govt. Bodies: Service does not cover functions or
duties performed by any person as a Chairperson or a Member or a Director in a body
established by the Central or State Governments or local authority and who is not deemed
as an employee. Some of the bodies set up by the Maharashtra Government are MIDC,
MSEB, MSRDC, MTDC, MMRDA etc.
13
Chapter 4: Levy and Collection of Tax
Classification of goods:
The GST rates on Goods have been notified on the basis of Customs Tariff Act, which in turn is
based on HSN (Harmonized System of Nonmenclature) developed by the World Customs
Organization.
5 Petroleum Products:
1. Petroleum Crude
2. High Speed Diesel
3. Motor Spirit (Commonly known as Petrol)
4. Natural Gas
5. Aviation Turbine Fuel (ATF)
14
Non Taxable Services
2. Rooms in a hotel or a lodge are let out whether or not for temporary stay. (For a declared
tariff of less than Rs. 1000 per day)
4. Interest on loan
20. Charges for manufacture of goods which is liable to nil rate of duty
15
24. Services by an organizer to any person in respect of a business exhibition held outside
India
26. Services by a veterinary clinic in relation to health care for animals or birds
27. Services by way of collection of contribution under the Atal Pension Yojana
28. Services by an artist by way of a performance in folk or classical art forms of Music,
Dance theater (Upto Rs. 1,50,000)
29. Services provided by the cord blood banks by way of preservation of stem cells or any
other service in relation to such preservation
31. Services by way of admission to a museum, national park, wildlife sanctuary, tiger
reserve or zoo
Taxable Services
1. Placement Services
16
SCOPE OF SUPPY
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CHAPTER 5
S.10(1) states that the eligible person may opt to pay, in the place of the CGST payable by him,
an amount calculated at the prescribed rate. This is known as the Composition Levy. The
Composition Levy scheme is a very simple, hassle free compliance scheme for small taxpayers.
It is a voluntary and optional scheme. A taxpayer registered under Composition Levy Scheme
has to pay an amount equal to certain fixed percentage of his annual turnover as tax to the
government. This tax has to be paid on quarterly basis. Such taxpayer does not have to maintain
elaborate accounts and records. He has to file a simple quarterly return. However, after opting
for Composition Scheme, he (taxpayer) cannot issue taxable invoice under GST law and
can neither collect GST from his customer nor can claim Input Tax Credit on his
purchases.
A registered person having an ‘aggregate turnover’ as defined under section 2(6) of the Act not
exceeding the prescribed limit in the preceding financial year will be eligible to opt for payment
of tax under the composition scheme.
Aggregate Turnover:
Meaning: The term aggregate turnover means the aggregate value of all taxable supplies
(excluding the value of inward supplies on which tax is payable by a person on reverse
charge basis), exempt supplies, exports of goods or services or both and inter-state supplies of
persons having the same Permanent Account Number, to be computed on all India basis but
excludes Central Tax, State Tax, Union Territory Tax, Integrated tax and Cess.
b. Rest of India:
The prescribed threshold limit for other states including Assam, Himachal Pradesh, and
Jammu & Kashmir is Rs.1.5 crore.
Note: The aggregate turnover of the registered person should not exceed the said prescribed
limit during the financial year in which scheme has been availed.
TAX RATES
The rate of tax prescribed in this regard vide Rule of CGST rules is as under:
Aggregate Turnover:
Section 2(6) of the CGST Act states that Aggregate turnover means the aggregate value of all
taxable supplies (excluding the value of inward supplies on which tax is payable by a person on
reverse charge basis), exempt supplies, exports of goods or services or both and inter-State
supplies of persons having the same Permanent Account Number, to be computed on all India
basis but excludes central tax, State Tax, Union Territory Tax, Integrated Tax and Cess.
Aggregate Turnover covers all the supplies effected by a person having the same PAN.
Compulsory Registration under GST in Certain Cases [S.24]:
The following categories of persons shall be required to be registered under CGST Act, 2017.
1. Persons making any inter-state taxable supply: If a person makes even a single inter-
state taxable supply of goods, he will be liable to obtain registration and pay GST.
3. Person who are required to pay tax under sub-section (5) of section 9:
Persons who are required to deduct tax u/s 51 (Electronic Commerce Operators) must
obtain registration.
a. Agents [S.24(vii)]: Clearing and Forwarding (C&F) Agent receives the goods on
behalf of the principal. Subsequently he supplies goods to the customer as an agent of
the principal. He maintains the stock and reports to the principal. Such an agent shall
be liable to obtain the registration compulsorily irrespective of the aggregate turnover
of such agent.
c. E-commerce Operator: As per section 24(x) of the CGST Act, 2017 the benefit of
threshold exemption is not available to e-commerce operators (ECO) required to
collect tax at source under section52; and they are liable to be registered irrespective
of the value of supply made by them.
Tags
ii. Calculation of Input Tax Credit Available (On Purchases or Inward services or services availed)
Question 4 1
Question 5
Created @January 18, 2022 7:33 AM
Tags
ii. Calculation of Input Tax Credit Available (On Purchases or Inward services or services availed)
Question 5 1
CGST adjust against IGST (63,300) 63,300
18,350 Nil (23,300)
SGST adjusted against IGST (18,350) Nil 18,350
Excess Credit Available Carried forward to Next month Nil Nil (4950)
Question 5 2
PAYMENT OF GST
PLACE OF SUPPLY
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Ans.
2.Supply of Goods on Approval Basis:
In case of supply of Goods on Approval Basis, Time of Supply is earlier of,
a. Date of Issue of Invoice OR
b. Date of Receipt of Payment OR
c. 6 Months from date of removal if no invoice is issued
1 Find the time of supply in case of supply of Goods on Approval basis.
Sr. Date of Date of Invoice Acceptance by Date of Receipt
no. Removal Recipient of Payment
1 15-11-2021 20-11-2021 25-11-2021 30-11-2021
2 20-11-2021 20-11-2021 21-12-2021 17-11-2021
3 25-11-2021 20-01-2022 15-02-2022 16-02-2022
4 06-01-2022 08-07-2022 07-07-2022 07-08-2022
5 06-11-2021 30-08-2021 25-08-2021 31-08-2021
6 17-02-2022 14-02-2022 20-02-2022 25-02-2022
Ans.
Sr. Date of Six Months Date of Date of Time of
No. Removal from Date Invoice Receipt of Supply
of Removal Payment Earlier of
B, C & D
A B C D
1 15-11-2021
2 20-11-2021
3 25-11-2021
4 06-01-2022
5 06-11-2021
6 17-02-2022
TIME OF SUPPLY FOR GOODS UNDER Reverse Charge Mechanism (RCM):
TOS shall be the earliest of the following dates:
a. Date of Payment OR
b. Date of Receipt of Goods OR
c. Date Immediately after Thirty Days from date of issue of Invoice by the supplier
Determine Time of Supply in following independent cases of Goods sent under RCM.
No. Date of Invoice Date of Receipt of Date of Receipt of
GOODS Payment
1. 20-12-2021 16-11-2021 29-11-2021
2. 14-02-2022 15-02-2022 14-02-2022
3. 24-08-2022 30-08-2022 15-02-2022
4. 06-05-2021 24-08-2021 30-08-2021
5. 06-07-2021 06-07-2021 06-08-2021
6. 16-10-2021 02-07-2021 19-10-2021
Ans.
No. Date of Date Date of Date of Time Supply
Invoice Immediately Receipt of Receipt of earlier of B,
after 30 days GOODS Payment C& D
from date of
Invoice
A B C D
1.
2.
3.
4.
5.
6.
TIME OF SUPPLY FOR SERVICES UNDER RCM:
Time of supply for services under RCM, shall be the earliest of the following dates:
a. Date of Payment as entered in the books of accounts of the recipient OR
b. Date Immediately after Sixty Days from the date of Issue of Invoice by the Supplier OR
c. Date on which the payment is debited in the bank account
Determine Time of Supply for services as per provisions of GST in the following independent
cases under RCM –
NO. Date of Invoice Date of Provisions of Date of Entry of Date of Debit
Services Payment in Bank
Account
1. 16-11-2021 26-11-2021 16-01-2022 11-1-2022
2. 16-11-2021 13-11-2021 11-01-2022 10-1-2022
3. 16-02-2022 12-02-2022 11-01-2022 17-02-2022
4. 26-01-2022 27-12-2021 27-02-2022 26-02-2022
5. 04-02-2022 03-02-2022 03-04-2022 02-04-2022
Ans.
No. Date of Date Date of Date of Debit Time of
Invoice immediately Entry of in Bank Supply
after 60 days Payment Account Earlier of B,
from Date of C or D
invoice
A B C D
1.
2.
3.
4.
5.
3. The time of supply to the extent it relates to an addition in the value of The supplier receives such
supply by way of interest, late fee or penalty for delayed payment of any addition in value
consideration shall be the date on which ----------------.
a. The supplier receives such addition in value
b. The original invoice was issue
c. The supplier issues revised invoice
d. The original payment was received
4. Tax invoice must be issued by ------------ on supplies made by him. Every registered person not
a. Every supplier paying tax under composition
b. Every taxable person scheme
c. Every registered person not paying tax under composition
scheme
d. Every customer
5. An invoice must be issued --------------. At the time of removal of
a. At the time of removal of goods goods
b. On transfer of risks and rewards of the goods to the recipient
c. On receipt of payment for the supply
d. On order of goods
6. In case of goods sent on sale on approval basis, invoice has to be issued When the recipient accepts the
----------------. goods or six months from the
a. While sending the goods; another invoice has to be issued by the date of supply whichever is
recipient while rejecting the goods earlier
b. When the recipient accepts the goods or six months from the date
of supply whichever is earlier
c. When the recipient accepts the goods or six months from the date
of supply whichever is later
d. When the recipient accepts the goods or three months from the
date of supply whichever is earlier
7. What is time of supply of goods liable to tax under reverse charge Earlier of Date of receipt of
mechanism? goods or Date on which the
a. Date of receipt of goods payment is made or Date
b. Date on which the payment is made immediately following 30
c. Date immediately following 30 days from the date of issue of days from the date of issue of
invoice by the supplier invoice by the supplier
d. Earlier of Date of receipt of goods or Date on which the payment
is made or Date immediately following 30 days from the date of
issue of invoice by the supplier
8. What is the time of supply of services in case of forward charge for the At the option of the supplier –
supply of taxable services up to Rs.1000 in excess of the amount Invoice date or date of receipt
indicated in the taxable invoice? of consideration
a. At the option of the supplier – Invoice date or date of receipt of
consideration
b. Date of issue of invoice
c. Date of receipt of consideration
d. Date of entry in books of account
9. The tax invoice should be issued --------------- the date of supply of Within 30 days from
service.
a. Within 30 days from
b. Within 2 months from
c. Within 15 days from
d. On
10. In case of taxable supply of services, invoice shall be issued within a 30 days
period of ----------------- from the date of supply of services.
a. 30 days
b. 45 days
c. 60 days
d. 90 days
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