Analysis of "Supply" in CGST ACT,2017 and taxation of NGO,Government and Clubs.Amit Kumar
Decoding term "supply" define in GST ACT,2017 and other important concept of GST. Whether one person can supply himself. Discuss deemed supply given in schedule I of CGST ACT,2017.Taxation of NGO, Government and club also discussed.
Objectives & Agenda :
Goods and Services Tax (GST) is an Indirect Tax levied in India introduced in July 2017 which was one of the most important reforms in the Indian Economy. Before levying any tax, taxable events needs to be ascertained. Under GST, taxable event arises on "supply of goods or services or both". In this webinar, we shall analyse and understand the provisions related to definition of supply.
Analysis of "Supply" in CGST ACT,2017 and taxation of NGO,Government and Clubs.Amit Kumar
Decoding term "supply" define in GST ACT,2017 and other important concept of GST. Whether one person can supply himself. Discuss deemed supply given in schedule I of CGST ACT,2017.Taxation of NGO, Government and club also discussed.
Objectives & Agenda :
Goods and Services Tax (GST) is an Indirect Tax levied in India introduced in July 2017 which was one of the most important reforms in the Indian Economy. Before levying any tax, taxable events needs to be ascertained. Under GST, taxable event arises on "supply of goods or services or both". In this webinar, we shall analyse and understand the provisions related to definition of supply.
Find out the detailed explanation of the provisions related to Place of Supply under the dual GST Law for the efficient tax administration from the presentation. Give it a read and we would love to know your feedback!
Decoding term 'consideration' in GST Bill 2017Amit Kumar
Analysis of term consideration in GST BILL 2017 and the term consideration define in sec 2(31) of CGST Bill. There is ambiguity in relation to security deposit forfeited for non performance of contract.
Covers the provisions relating to Supply (Time of Supply, Place of Supply and Value of Supply rules), Reverse Charge Mechanism, Composition Scheme and HSN/ SAC Code classification guidelines
Coverage
Zero Rated Supplies
Detailed Analysis of Section 54
Types of Export Refunds under GST
Export of Goods upon Payment of IGST
Export of Services upon Payment of IGST
Export of Goods/services under BOND/LUT
Export of Goods/Services to SEZ
Refund if any for Supplies to Merchant Exporter
Refund for Deemed Exports
Procedural Aspects relating to Refund claims
Interest for delayed Refunds
Credit of Amount Rejected as Refund Claims
Meaning of the term "Service" in Service tax as per Finance Act, 1994Abhinav Chhabra
A comprehensive analysis of the definition of the term "Service" as per Finance Act, 1994. This presentation will guide about what all are the services that can be liable to service tax subject to other provisions of the Finance Act, 1994.
Case Studies of Place of Supply Including Exports-Imports and RefundsGST Law India
the following presentation enumerates a brief study on GST in case of Cross-border Air Travel, work contracts, Hotel Accommodation, Event Organization ,Immovable Property – Place of Supply & ITC Eligibility, Cross-Border Logistic Services, Cross-Border Intermediary Services, Whether Foreign Company can procure goods from India on Bill to-Ship to basis where ship to Location is India, Supply of FOC promotional material to related and unrelated parties outside India, Use of Trademark owned by Foreign-Related Company, Refund of unutilized credit accumulated due to inverted duty structure and lastly Refund of unutilized credit on zero-rated supply
Issues in Export & Import of Goods & Services vis-a-vis Foreign Trade PolicyGST Law India
The following presentation enumerates various issues related to import and export of goods under GST like modes of exports, zero-rated supply, supplies to SEZ and others, how to claim refund of ITC and IGST by using different forms. Further, it deals with methods to rectify mistakes in the respective refund forms under GST.
Find out the detailed explanation of the provisions related to Place of Supply under the dual GST Law for the efficient tax administration from the presentation. Give it a read and we would love to know your feedback!
Decoding term 'consideration' in GST Bill 2017Amit Kumar
Analysis of term consideration in GST BILL 2017 and the term consideration define in sec 2(31) of CGST Bill. There is ambiguity in relation to security deposit forfeited for non performance of contract.
Covers the provisions relating to Supply (Time of Supply, Place of Supply and Value of Supply rules), Reverse Charge Mechanism, Composition Scheme and HSN/ SAC Code classification guidelines
Coverage
Zero Rated Supplies
Detailed Analysis of Section 54
Types of Export Refunds under GST
Export of Goods upon Payment of IGST
Export of Services upon Payment of IGST
Export of Goods/services under BOND/LUT
Export of Goods/Services to SEZ
Refund if any for Supplies to Merchant Exporter
Refund for Deemed Exports
Procedural Aspects relating to Refund claims
Interest for delayed Refunds
Credit of Amount Rejected as Refund Claims
Meaning of the term "Service" in Service tax as per Finance Act, 1994Abhinav Chhabra
A comprehensive analysis of the definition of the term "Service" as per Finance Act, 1994. This presentation will guide about what all are the services that can be liable to service tax subject to other provisions of the Finance Act, 1994.
Case Studies of Place of Supply Including Exports-Imports and RefundsGST Law India
the following presentation enumerates a brief study on GST in case of Cross-border Air Travel, work contracts, Hotel Accommodation, Event Organization ,Immovable Property – Place of Supply & ITC Eligibility, Cross-Border Logistic Services, Cross-Border Intermediary Services, Whether Foreign Company can procure goods from India on Bill to-Ship to basis where ship to Location is India, Supply of FOC promotional material to related and unrelated parties outside India, Use of Trademark owned by Foreign-Related Company, Refund of unutilized credit accumulated due to inverted duty structure and lastly Refund of unutilized credit on zero-rated supply
Issues in Export & Import of Goods & Services vis-a-vis Foreign Trade PolicyGST Law India
The following presentation enumerates various issues related to import and export of goods under GST like modes of exports, zero-rated supply, supplies to SEZ and others, how to claim refund of ITC and IGST by using different forms. Further, it deals with methods to rectify mistakes in the respective refund forms under GST.
KEY FEATURES OF THE BOOK • Highlights of changes in Revised Model GST Law for easy understanding • Constitutional Amendments and likely date of GST Implementation • GST - Need & Necessity, Overview and Model for India • Discussion/analysis on Revised Model GST Law along with its comparison with First Model GST Law • Analysis of meaning of the terms 'Supply','Goods' and 'Services' in GST. • Gist of documents, information, procedure, etc., required for migration of existing registrants in GST • Discussion on various domains - intra-state supply and inter-state supply of goods and/or services, principles of place of supply & time of supply, valuation of goods and/or services, GST ITC, taxable person, appeals and revision, offences and penalties, demand and recovery, GST rate, e-commerce operator, etc., along with transitional provisions. • Discussion on contentious issues under Revised Model GST Law which requires reconsideration • Discussion on flow of input tax credit in GST with illustrations and negative list for GST ITC • Discussion on Draft Rules and procedural aspect of GST- Registration, Payment, Invoice, Returns and Refund • Impact of GST on business and specifically on manufacturers, traders and service sectors and preparation required for smooth migration • Transitional issues under GST along with effective tools for planning. • Likely challenges ahead for GST implementation • Way forward and Procedural changes in GST • Contains complete Revised Model GST Law, ModeI IGST Law and Draft GST Compensation Law along with Draft Rules and Formats on Registration, Payment, Invoice, Returns and Refund as released by the Government
The Indian Taxation structure has witnessed many reforms since inception. The current taxation system streamlines two broad categorizations viz: Direct Taxation and Indirect Taxation. Among the two, Indirect Taxation has always been a matter of deportment because of the series of taxes involved therein such as Excise Duty, Service Tax, Value Added Tax, etc. Also these taxes have been divided into two subdivisions on the basis of the authority of levy viz: State Levy and Central Levy. This further creates a confusion and situation of ambiguity among the people. Further, implication of such taxes has somewhere lead to distortionary and cascading effect i.e. leviability of tax on tax, which eventually has been hard hitting on the pockets of the final consumers.
Considering all these facts and circumstances, the Government of India has finally made a move in the direction of substituting 17 indirect taxes into one Indirect Tax known as The Goods and Services Tax commonly known as GST. The GST structure has been designed and modeled as a value added tax, which will be levied on each stage of a transaction as the supply moves from one level to another. The tax paid at one level will subsequently be allowed as credit on another level.
The Government has enacted the CGST (Amendment) Act, 2018, the IGST (Amendment) Act, 2018, by publication in official Gazette to amend the respective GST Acts.
In this regard, we have captured major amendments in CGST Act, 2017 and IGST Act, 2017 for your perusal
#GST : Trade Discounts - Sales Promotion Schemes# By SN PanigrahiSN Panigrahi, PMP
#GST : Trade Discounts - Sales Promotion Schemes# By SN Panigrahi
It is a common practice among certain sections of trade and industry, such as, pharmaceutical companies which often provide drug samples to their stockists, dealers, medical practitioners, etc. without charging any consideration.
Goods and Service Tax #GST comes as India's biggest reform that will lead to the creation of a common national market, currently fragmented along state boundaries.
The 50th Council Meeting's outcomes and the issuance of 8 Circulars demonstrate the government's proactive approach to tackling practical issues and seeking resolutions!
However, certain matters remain ambiguous, and the Circulars have inadvertently added complexity to the issues.
Topics include below mentioned is:
1. Differentiation between Input Service Distribution (ISD) and Cross Charge mechanisms.
2. Seeking clarification on e-invoice-related concerns.
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5. Seeking clarity on Input Tax Credit (ITC) availability for warranty replacements and repair services during the warranty period.
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8. Providing clarification on the charging of interest under section 50(3) of the CGST Act, 2017, in cases of erroneous availment of IGST credit and its subsequent reversal.
We invite you to refer to our newsletter, which simplifies the language used in these Circulars, to gain a better understanding of these matters.
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1. 1
MEANING AND SCOPE OF SUPPLY
UNDER MODEL GST LAW, INDIA
Presented by CA. Deepak Vachher
Date 25th Sep 2016
2. DISCLAIMER
The views expressed in this presentation are of the Member.
The content of this presentation has not been specifically discussed by the IDT
committee and the views expressed herein may not be taken to necessarily represent the
views of the committee
2
4. The Goods and Services Tax (GST) is one of the biggest tax reform in indirect taxation system which will integrate Excise duty, Service Tax,
Value Added Tax, Central Sales Tax and lot of other indirect taxes which are existing at state level. GST is a broad based and a single
comprehensive tax levied on goods and services consumed in an economy. This is levied at every stage of production – distribution chain
till retail level with applicable setoffs in respect of tax remitted at previous stage.
It is a distinction based tax and levied at single point at the time of final consumption by ultimate consumer.
The entire indirect tax system will get transformed with the rollout of GST and will significantly impact to the various sectors of the industry.
Result would be change in pricing strategies, working capital requirement and supply chain management.
It could be a challenge for the industry to migrate from existing indirect tax system to proposed GST system without hampering their
business.
Although the GST model and its mechanics are relatively simple (Output tax less input tax) but it will impact significantly to industries in
terms of change in their IT system to ensure the requirements of GST.
In this presentation, we will cover section 3 of the said Act, which has the Meaning & Scope of Supply
About GST
OVERVIEW
6. SUPPLY INCLUDES:
SECTION 3(1)(A) : NORMAL SUPPLY OF GOODS AND/OR SERVICES
6
All forms of supply of goods and/or services such as sale, transfer, barter, exchange, license, rental, lease or disposal made
or agreed to be made for a consideration by a person in the course or furtherance of business
Section 3(1)(a)
Interpretation
The list is only illustrative
and not exhaustive owing to
use of the wordings “such as”
These 8 expressions are not defined
in the GST and expressions like lease
and rental are closely related and used
interchangeable
Covers all the regular
transactions of sale or
services
For Consideration and in
the course or furtherance
of business
In the course of business implies a
period of time during which business is
in progress, promoting, advancement,
or progress etc., of business
Furtherance of business can be
commonly understood as helping,
forwarding, promoting, advancement,
or progress etc., of business.
‘for consideration’ is
subject to other part
of section 3 where in
certain transactions
even without
consideration are
deemed as supply.
7. 7
Importation of service, whether or not for a consideration and whether or not in the course or furtherance of business, and
Section 3(1)(b)
SUPPLY INCLUDES:
SECTION 3(1)(B) : IMPORT OF SERVICES
Interpretation
Contrary to Section 3(1)(a)
when there is no
consideration then there
is no supply
So if these specified
transactions are made with
considerations then it will
fall under section 3(1)(a)
Free Services received from outside
India will also attract GST.
Personal Services will also be liable to
GST though some threshold limit will
be there
The benefit factor.
Payment(expenses incurred for
running of branch there) made by
Indian Head office to its branch
/agency is not liable to GST
Similarly export benefits will also
not be available. For transactions
between them.
8. 8
A supply specified in Schedule I, made or agreed to be made without a consideration.
Section 3(1)(c)
SUPPLY INCLUDES:
SECTION 3(1)(C) : SUPPLY WITHOUT CONSIDERATION
Interpretation
Services imported are
liable for IGST
The service receiver will be
liable to pay GST under
reverse charge whether
bused for business or not
Free samples and 1+1 offers are liable
to GST
Statutory requirement like CSR
activities are also liable to GST
Benefit of doubt
If there is consideration but there
is no furtherance of business
then this will not be supply as
per 3(1)(a) and 3(1)(c).
Schedule 1
Permanent
transfer/disposal of
business assets.
Temporary application of
business assets to a
private or non-business
use
Services put to a private
or non-business use
Assets retained after
deregistration
Supply of goods and / or
services by a taxable
person to another taxable
or nontaxable
person in the course or
furtherance of business.
Supply of goods by a registered
taxable person to a job-worker in
terms of section 43A shall not be
treated as supply of goods.
9. 9
Schedule II, in respect of matters mentioned therein, shall apply for determining what is, or is to be treated as a supply of
goods or a supply of services
Section 3(2)
Matters to be treated as supply of
goods
SECTION 3(2) : A SUPPLY OF GOODS OR A SUPPLY OF SERVICES
Interpretation
Transfer of
title in
goods
Sale of business
assets by any
other person to
recover debt
Transfer of future
goods(the property
therein will pass at
future date)
Goods forming part
of business assets on
ceasing to be taxable
person
Transfer/disposal of
business assets with
or without
consideration
Supply of goods by
an unincorporated
association to its
members
10. 10
Schedule II, in respect of matters mentioned therein, shall apply for determining what is, or is to be treated as a supply of
goods or a supply of services
Section 3(2)
Matters to be treated as supply of
services
SECTION 3(2) : A SUPPLY OF GOODS OR A SUPPLY OF SERVICES….
CONTINUED
Interpretation
Transfer
of right to
use goods
Lease, tenancy,
easement, license to
occupy land, letting
out of property
Job work on
others
goods
Personal use/making
available for non-
commercial use of
business assets
Temporary transfer or
permitting the use or
enjoyment of any
intellectual property
Development, design, programming,
customization, adaptation, up
gradation, enhancement,
implementation of IT Software
Agreeing to the obligation to
refrain from an act, or to
tolerate an act or a situation,
or to do an act
Construction of a complex, building, civil structure or a part thereof, including a
complex or building intended for sale to a buyer, wholly or partially, except where the
entire consideration has been received after issuance of completion certificate, where
required, by the competent authority or before its first occupation.
Works contract including transfer of
property in goods (whether as goods
or some other form) involved in the
execution of a works contract
Supply, by way of or as part of any service or in any other manner whatsoever,
of goods, being food or any other article for human consumption or any drink
(other than alcoholic liquor), where such supply or service is for cash, deferred
payment or other valuable consideration.
11. 11
Where a person acting as an agent who, for an agreed commission or brokerage, either supplies or receives any goods
and/or services on behalf of any principal, the transaction between such principal and agent shall be deemed to be a
supply
Section 3(2A)
Interpretation
Transaction between
Principal and Agent deems
to be Supply
Transaction between Agent and
third party will continue to be
supply
This deemed supply is to tax movement of
goods between principal and agent and not
for commission or brokerage that being
paid by principal and agent, which anyways
liable even without this section
SECTION 3(2A) : PRINCIPAL – AGENT TRANSACTIONS
12. 12
Understand Subject to sub-section (2), the Central or a State Government may, upon recommendation of the Council, specify,
by notification, the transactions that are to be treated as—
(i) a supply of goods and not as a supply of services; or
(ii) a supply of services and not as a supply of goods; or
(iii) neither a supply of goods nor a supply of services.
Section 3(3)
SECTION 3(3) : POWER(S) OF CENTRAL AND STATE GOVERNMENT
Interpretation
This is additional power given to Central and State
Government to notify as supply of goods or supply
of services
13. 13
Notwithstanding anything contained in sub-section (1), the supply of any branded service by an aggregator, as defined in
section 43B, under a brand name or trade name owned by him shall be deemed to be a supply of the said service by the said
aggregator
Section 3 (4)
SECTION 3(4) : BRANDED SERVICE BY AN AGGREGATOR UNDER TRADE
OR BRAND NAME
Interpretation
Branded Services
Transactions involving
aggregator as supply in the
hands of aggregator
Meaning -‘aggregator’ means a person, who owns and manages
an electronic platform, and by means of the application and a
communication device, enables a potential customer to connect
with the persons providing service of a particular kind under the
brand name or trade name of the said aggregator;
Provision Required The actual
supplier of such branded service
should get tax immunity as the
total supply is already taxed in
the hands of aggregator else will
lead double taxation.