1. Levy And
Collection Of GST
PRESENTATION BY:
RITI GUPTA(064)
MUSKAN GUPTA(098)
MD GAUHAR NEYAZ (084)
2. LEVY AND COLLECTION OF GST
In GST, the terms interstate and intrastate have
tremendous significance in the determination
of IGST, CGST or SGST. Interstate supply
attracts IGST, while intrastate supply attracts
CGST and SGST. In this article, we look at the
definition of interstate supply and intrastate
supply as per the GST Act.
3. What Is Interstate Supply?
• Under GST, the supply of goods or services from one state to another would be called interstate
supply. The GST Act defines interstate supply as when the location of the supplier and the place
of supply for the customer are in:
• Two different States; or
• Two different Union territories; or
• State and a Union territory.
• In addition to the above, the supply of goods imported into India, till they cross the customs
station is also classified as interstate supply. Also, the supply of goods or services to or by a
Special Economic Zone developer or a Special Economic Zone unit is classified as interstate
supply.
4. What Is Intrastate Supply?
• Under GST, the supply of goods or services within the same state or Union territory is called an
intrastate supply. However, the supply of goods or services to a Special Economic Zone
developer or Special Economic Zone unit situated within the same state would not be intrastate
supply. As any supply of goods or services to a Special Economic Zone developer or Special
Economic Zone unit is classified as interstate supply.
• Intrastate supply attracts both Central Goods and Services Tax (CGST) and State Goods and
Services Tax (SGST). In the case of intrastate supply, the GST rate for the goods or services
would remain the same. However, the GST rate and tax amount shall divide equally into two
heads namely SGST and CGST.
5. LEVY AND COLLECTION OF GST UNDER CGST ACT,
IGST ACT AND UTGST ACT.
• Section 9 of CGST Act/SGST Act and Section
5 of IGST Act are the Charging Sections for
the purposes of levy of GST.
• CGST and SGST shall be levied on all intra-
state supplies of goods and/or services and
IGST shall be levied on all inter-state
supplies of goods and/or services
respectively.
6. A. LEVY AND COLLECTION OF GST UNDER CGST ACT.
(SECTION 9)
1. Levy of central goods and service tax [Section 9(1)]:
• Under CGST Act, central tax called as the central goods and services tax (CGST) shall
be levied on all intra-State supplies of goods or services or both, except on the
supply of alcoholic liquor for human consumption.
• It shall be levied on the value determined under section 15 and at such rates, not
exceeding 20%, as may be notified by the Government on the recommendations of
the Council and collected in such manner as may be prescribed and shall be paid by
the taxable person. [Similar rates have been prescribed under SGST/UTGST]
7. 2. Central tax on petroleum products to be levied from the date to be notified
[Section 9(2)]:
• The central tax on the supply of petroleum crude, high speed diesel, motor spirit
(commonly known as petrol), natural gas and aviation turbine fuel shall be levied
with effect from such date as may be notified by the Government on
the recommendations of the Council.
3. Tax payable on reverse charge basis [Section 9(3)]:
• The Government may, on the recommendations of the Council, by notification,
specify categories of supply of goods or services or both, the tax on which shall be
paid on reverse charge basis by the recipient of such goods or services or both.
• Further, all the provisions of this Act shall apply to such recipient as if he is the
person liable for paying the tax in relation to the supply of such goods or services or
both.
8. 4. Tax payable on reverse charge if the supplies are made to a registered person by unregistered person
[Section 9(4)]:
• The central tax in respect of the supply of taxable goods or services or both by a supplier, who is not
registered, to a registered person shall be paid by such person on reverse charge basis as the recipient and
all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in
relation to the supply of such goods or services or both. [Section 9(4) has been deferred till 30.6.2018]
5. Tax payable on intra-State supplies by the electronic commerce operator on notified services [Section
9(5)]
• As per section 2(45) of the CGST Act, 2017, “electronic commerce operator” means any person who
owns, operates or manages digital or electronic facility or platform for electronic commerce. Further,
“electronic commerce” means the supply of goods or services or both, including digital products over digital
or electronic network.
• Thus, Electronic Commerce Operators (ECO), like flipkart, uber, makemy-trip, display products as well
as services which are actually supplied by some other person to the consumer, on their electronic portal.
The consumers buy such goods/services through these portals. On placing the order for a particular
product/service, the actual supplier supplies the selected product/service to the consumer.
9. • The Government may, on the recommendations of the Council, by notification, specify categories
of services the tax on intra-State supplies of which shall be paid by the electronic commerce
operator (ECO), if such services are supplied through it.
• However, where an electronic commerce operator (ECO) does not have a physical presence in
the taxable territory, any person representing such electronic commerce operator (ECO) for any
purpose in the taxable territory shall be liable to pay tax.
• Where an electronic commerce operator (ECO) does not have a physical presence in the taxable
territory and also he does not have a representative in the said territory, such electronic
commerce operator shall appoint a person in the taxable territory for the purpose of paying tax
and such person shall be liable to pay tax.
• The Government vide Notification No. 17/2017 CT (R) dated 28.06.2017 has notified the
following categories of services supplied through ECO for this purpose—
• services by way of transportation of passengers by a radio-taxi, motorcab, maxicab and motor
cycle;
• services by way of providing accommodation in hotels, inns, guest houses, clubs, campsites or
other commercial places meant for residential or lodging purposes, except where the person
supplying such service through electronic commerce operator is liable for registration under
section 22(1) of the CGST Act.
10. B. LEVY AND COLLECTION OF GST UNDER IGST ACT.
(SECTION 5)
• The provisions under section 5 of the
IGST Act are similar to section 9
of CGST Act except—
• the word CGST has been substituted
by IGST under IGST Act
• under IGST Act, tax called integrated
tax is to be levied on all
interState supplies and on
goods imported into India.
• maximum rate under section 5(1) of
the IGST Act is 40% (i.e. 20% CGST +
20% UTGST).
11. C. LEVY AND COLLECTION OF GST UNDER UTGST ACT.
(SECTION 7)
• The provisions under section 7 of the
UTGST Act are similar to section 9 of
CGST Act except—
• the word CGST has been substituted
by the word UTGST under the
UTGST Act.
• under UTGST Act, tax called UT tax is
be levied on all intra-State supplies,
• maximum rate 7(1) of UTGST Act is
20%.
