GST in India
GST in India
GST in India
Structure
1.1 Introduction
1.2 Genesis of GST in India
1.3 Constitutional Amendment for GST
1.4 Legislative Framework
1.5 Structure of GST
1.6 Benefits of GST
1.7 Extent of CGST Act/ SGST Act/ UTGST Act/ IGST Act
1.8 Applicability of GST in India
1.9 Levy and collection
1.9.1 Levy and collection as per CGST Act, 2017
1.9.2 Levy and collection as per IGST Act, 2017
1.10 GST on Alcohol for human consumption
1.11 GST on Petroleum
1.12 Liability to pay CGST
1.13 Exercises
1.1 Introduction
Goods and Services Tax (GST) has been identified as one of the most important tax
reforms in post-independence. GST is a path breaking indirect tax reform which will
create a common national market by removing inter-state trade barriers. GST has
subsumed (absorbed or include) multiple indirect taxes imposed by central and state
governments.
Power to levy any tax is derived from the Constitution of India. As per article 265 of
The Constitution of India no tax shall be imposed or collected except by the authority of
any Law. The charging section is the must in any Taxing Law for levy(impose) and
collection (payment) of taxes. The very basic for the charge of tax in any taxing statute
is taxable event, i.e. the point of time when tax will be imposed. Under pre GST regime,
each indirect taxes have separate taxable event (such as manufacture in case of Excise
Duty, provision of services in case of Service Tax, sale of goods in case of VAT/ CST,
etc.) Under the GST regime, the taxable event is supply of goods or services or both.
The scope of supply has been discussed in detail in unit-2.
GST subsumed the following:
Central taxes State taxes
Central excise duty Sate VAT
Additional excise duty Entertainment tax
Service tax Entry tax
Surcharge and cess Luxury tax
Central sales tax Purchase tax
GST was first introduced in France in the year 1954. Within 62 years of its introduction
about 160 countries across the world have adopted GST. Generally, GST is popular for
single model but Canada and Brazil also have dual model of GST. India has adopted a
dual GST which will be imposed concurrently by Centre and States.
1.7 Extent of CGST Act/ SGST Act/ UTGST Act/ IGST Act
The Central Goods and Service Tax Act, 2017 for imposing CGST on intra-
state supply of goods and services, extends whole of India including Jammu and
Kashmir.
Respective State Goods and Service Tax Act, 2017 for imposing SGST by
respective state on intra-state supply of goods and services, extends whole of
that state/ Union territory having state legislature (Delhi and Puducherry).
The Union Territory Goods and Services Tax Act, 2017 for levying UTGST in
6 Union Territories without State Legislatures on intra-Territory supply of goods
and services. (Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar
Haveli, Daman and Diu, Chandigarh and Ladakh)
The Integrated Goods and Service Tax Act, 2017 for levying IGST and whole
of India including Jammu and Kashmir.
1.8 Applicability of GST in India
India means
Territory of India (i.e. entire landmass of India including states and union territory)
Indian territorial waters, seabed and sub-soil underlying such waters, continental
shelf, excluding Special Economic Zone (SEZ) and any other notified maritime
zone.
The air space above its territory and territorial waters.
Natural gas
(c) U/s 9(3), CGST is to be paid on reverse charge basis by the recipient on
notified goods/ services or both (liability to pay tax by the recipient of supply of
goods / services rather than supplier of goods/ services under forward charge)
(d) U/s 9(4), CGST on taxable supply of goods/ services to registered supplier
from unregistered supplier is to be paid on reverse charge basis by the recipient.
(e) U/s 9(5), E-Commerce operator is liable to pay CGST on notified intra-state
supplies.
1.9.2. Levy and collection as per IGST Act, 2017
(a) U/s 5(1) of IGST Act, 2017 there shall be levied a tax –
Called the Integrated Goods and Services Tax (IGST);
On all the inter-state supplies of goods or services or both, except on
supply of alcoholic liquor for human consumption;
On the value determined u/s 15 of CGST Act, 2017; and
At such a rate (maximum 40%,) as notified by the Central Government on
recommendation of GST Council; and
Collected in such a manner as may be prescribed; and
Shall be paid by the taxable person.
Provided further that IGST will be imposed on goods/ services imported into India.
(b) U/s 5(2) of IGST Act, 2017, the CGST of following supply shall be levied
with the effect from such date as notified by the Central Government on
recommendation of GST Council-
Petroleum crude
High speed diesel
Motor spirit (commonly known as petrol)
Natural gas
Aviation turbine fuel
(c) U/s 5(3), IGST is to be paid on reverse charge basis by the recipient on notified
goods/ services or both (liability to pay tax by the recipient of supply of goods
/ services rather than supplier of goods/ services under forward charge).
(d) U/s 5(4), IGST on taxable inter-state supply of goods/ services to registered
supplier from unregistered supplier (agriculturist) is to be paid on reverse charge
basis by the recipient.
(e) U/s 5(5), E-Commerce operator is liable to pay CGST on notified inter-state
supplies.
GST VAT State Excise
(Not Applicable) (Applicable as usual) (Applicable as usual)
1.11 GST on Petroleum
Petroleum product
GST VAT Central Excise
(Not Applicable now) (Applicable as usual) (Applicable as usual)
Taxable person making Receiver of supply Electronic Commerce
intra-trade supply Operator
1.13 Exercises
1. Briefly describe the structure of GST in India.
2. How does the seamless Credit flow under GST?
3. How the GST is levied and collected?
4. Briefly describe the provisions of levy and collection of taxes under CGST Act
2017.
5. Briefly describe the provisions of levy and collection of taxes under IGST Act.
2017.
Multiple Choice Questions (MCQ)
1. Authority to levy and collect taxes in India is given to the Central and State
Government by
(a) Article 246 of Constitution of India
(b) Article 265 of Constitution of India
(c) Article 269 of Constitution of India
(d) Article 279A of Constitution of India
2. The exclusive right to make laws for matters containing in List-I of Schedule
VII of the Constitution of India has been given to
(a) State Governments
(b) Central Government
(c) Both Centre and State Governments
(d) None of the above
3. The exclusive right to make laws for matters containing in List-II of Schedule
VII of the Constitution of India has been given to
(a) State Governments
(b) Central Government
(c) Both Centre and State Governments
(d) None of the above
4. The exclusive right to make laws for matters containing in List-III of Schedule
VII of the Constitution of India has been given to
(a) State Governments
(b) Central Government
(c) Both Centre and State Governments
(d) None of the above
5. Power to make laws with respect to goods and service tax has been given by the
Constitution vide,
(a) Article 279A
(b) Article 246A
(c) Article 246
(d) Article 366
6. Which of the following taxes have been subsumed in GST?
(a) Central Sales Tax
(b) Central Excise Duty and service tax
(c) VAT
(d) All of the above
7. GST is levied on supply of all goods and services except:
(a) Alcoholic liquor for human consumption
(b) Tobacco
(c) Legal services
(d) All of the above
8. GST on Petroleum Crude, High Speed Diesel, Motor Spirit (commonly known
as Petrol), Natural Gas and Aviation Turbine Fuel:
(a) Is not levied at all
(b) Is levied, but exempt
(c) Will be levied from a date to be notified on the recommendations of the
GST Council
(d) Will be levied from 1.4.2018
9. The GST Council shall, besides other recommendations, make recommendations
to the Union and the States on-—
(a) The goods and services that may be subjected to, or exempted from the
goods and services tax
(b) The threshold limit of turnover below which goods and services may be
exempted from goods and services tax
(c) The rates including floor rates with bands of goods and services tax
(d) All the above -
10. Which article of the Constitution empowered the President to Constitute Goods
and Service Tax Council?
(a) 270
(b) 246A
(c) 279A
(d) 269A
11. Who shall be empowered to levy and collect GST on supplies in the course of
Inter-State trade or commerce?
(a) Government of India
(b) State Governments
(c) Union Territories
(d) All the above
Solution to multiple choice Questions
1 (b) 2.(b) 3(b) 4 (c) 5(b) 1.6(d) 7 (a) 8 (c) 9 (d) 10(c) 11 (a)
Unit - 2 Concept of Supply under GST
Structure
2.1 Introduction
2.2 definition of important terms
2.3 Scope of Supply
2.3.1 Supply for Consideration in course of furtherance of business
2.3.2 Supply without consideration
2.3.3 Activities treated as Supply of goods/services
2.3.4 Activities treated neither as Supply of goods nor as Supply of services
2.3.5 Activities notified by Government
2.3.6 Illustration
2.4 Composite Supply and Mixed Supply
2.4.1 Composite Supply
2.4.2 Mixed Supply
2.4.3 Guiding principles for determining a Supply as Composite Supply
or mixed Supply
2.4.4 Illustration
2.5 Place of Supply
2.5.1 Scope of the provisions
2.5.2 Place of Supply of goods others than export and import
2.5.3 Place of Supply of services other than export and import
2.5.4 Illustration
2.6 Time of Supply (Point of Taxation)
2.6.1 Time of Supply of goods
2.6.2 Time of Supply of services
2.6.3 Time of Supply of vouchers
2.6.4 Time of Supply of goods under RCM
2.6.5 Time of supply of services under RCM
2.6.6 Time of Supply in case of change in rate of Tax
2.6.7 Date of Tax
2.6.8 Illustration
2.7 Value of Supply
2.7.1 Determination of Supply
2.72. Illustration
2.8 Excercises
2.1 Introduction
The incidence of tax is the foundation stone of any taxation system. It determines the
point at which tax would be levied (i.e. the taxable event). The earlier framework of
taxable event across various areas of indirect taxes was subject to varying interpretations
resulting in endless litigation since decades. Broadly, the controversies related to issues
like whether a particular process amounted to manufacture or not, whether a particular
transaction was sale of goods or rendering of services, etc. The GST laws resolve these
issues by laying down one comprehensive taxable event, i.e. ‘supply of goods or services
or both’. GST law, by levying tax on the ‘supply of goods and/or services’, departs from
the historically understood concepts of ‘taxable event’ under the erstwhile indirect tax
laws (i.e. sale under state VAT laws, manufacture under excise laws and provisioning of
service under service tax laws). For a better understanding of this topic, it is imperative
to understand the meaning of a few important terms which have been explained in this
unit.
2.3.6 Illustration
Problem 1:
R is a supplier of goods located in Mumbai. In October, 2017 he has imported
Consultancy Services for Development of IT Software from U.S.A. for a stipulated
consideration of $ 80,000. Will the import of consultancy services be treated as supply?
Solution : The importation of service in the above case shall fall within the ambit of
term “supply” as it is for a consideration and in the course or furtherance of business
and shall be liable to IGST.
Problem 2 :
R is a supplier of goods located in Chandigarh. In November, 2017, he has imported
‘ ‘Architecture Services’ from a relative consultant located in Germany, without any
consideration (monetary or non-monetary) for construction of his personal house.
(a) Will the import of architecture services for personal use be treated as supply
and liable to IGST?
(b) What will be your answer if the above services have been imported by R in the
course or furtherance of business?
Solution : (a) Since, there is no consideration and it is for personal use,
importation of service in the given case shall not fall within the ambit of term
‘supply’ and not liable to IGST.
However, in the above example if the import of Architecture Service is for a
consideration, it shall fall within the scope of term ‘supply’, although services
have been imported for personal purposes.
(b) Since the services have been imported from a related person and these are in the
course or furtherance of business, it will be treated as supply even if it is without
consideration,
Problem 3 :
A dealer of washing machines, who has availed input tax credit on washing machines,
permanently transfers a washing machine from his stock-in-trade, for personal use at
his residence.
Will this transfer for personal use be treated as supply and liable for GST?
Solution : Such transaction though without, a consideration shall constitute supply
and be liable to GST, as it is a permanent transfer of washing machine for his personal
use.
Problem 4 :
R, a Chartered Accountant, purchased 3 laptops of value Rs. 2,40.000 on 1.10.2017
and paid IGST amounting Rs. 67,200 thereon. He availed ITC of Rs. 67,200 in his
books on the same day. After 3 years of using the laptops, he has donated one laptop to
a college when its fair market value is Rs. 30,000.
Will such donation be treated as supply and liable to GST?
Solution : In the above case, R shall be liable to pay an amount under GST equivalent
to:
(a) The input tax credit availed on the said laptop as reduced by the input tax credit
attributable to 3 years for which asset has been used in business, Input credit
availed at the time of purchase of laptop = Rs. 22,400 (1/3 of the total input
credit of Rs.67,200)
Useful life of the laptop 5 years
Unused period 2 years
Therefore, GST amount payable (Rs. 22,400 x 2/5): Rs.8,960
(b) Tax payable on the fair market value of such capital goods as determined under
section 15, i.e. 30,000 x 28% = 8,400.
Whichever is higher.
Thus, R shall be liable to pay GST amounting to Rs. 8,960 on donation of such
laptop.
Problem 5 :
R is engaged in supply of certain goods in Delhi and Haryana. He wishes to transfer
goods worth Rs. 1,40,000 from Delhi to its branch in Haryana. Will such transfer be
treated as supply and liable for GST?
Solution : R shall be treated as distinct persons. Thus any supply of goods or services
or both between Delhi to branch at Haryana shall be subject to integrated tax in terms of
IGST Act, even though such transaction may not involve any payment of consideration.
Problem 6 : Employees of a R Ltd., which is a subsidiary of G Limited, have been
sent on deputation basis to its Holding Company namely G Limited.
Will such transfer on deputation be treated as supply and liable to GST?
Solution : Such transfer of employee shall fall within the ambit of the term ‘supply’
even in the absence of any consideration. As both the companies fall under the definition
of related person.
Problem 7:
R, the Principal located in Nagpur (Maharashtra) supplies certain goods to his agent
G, located in Delhi. G undertakes to supply the said goods in Delhi on behalf of R. Will
the above activity be treated as supply and liable for GST?
Solution : As per Schedule I of CGST Act, supply of goods by a principal to his
agent where the agent undertakes to supply such goods on behalf of the principal is
treated as supply even if such supply is without any consideration. Thus, such supply of
goods by R to G shall fall within the ambit of the term ‘ supply’ even if made without
consideration and shall be liable for integrated tax under IGST Act.
Problem 8:
R works as an agent and is located in Mumbai. G is a manufacturer located in Delhi.
R agrees to purchase certain goods from Mumbai on behalf of G every month and
supply the same to G. Will the above activity be treated as supply and liable for GST?
Solution : As per Schedule I of CGST Act, supply of goods by an agent to his
principal where the agent undertakes to receive such goods on behalf of the principal
shall be treated as supply even if it is without consideration. Thus such supply of goods
by R to G shall fall within the term of supply, even if made without consideration. This
supply of goods from R to G shall be subject to integrated tax under IGST Act.
Problem 9:
R lives in Germany. His brother G is carrying on business in India. G imports technical
services from R without any consideration in November, 2017 in the course or furtherance
of business. Will this be treated as supply or services although G did not pay any
consideration to R?
Solution : As per Schedule I of the CGST Act. import of services by a taxable person
from a related person or from any of his other establishments outside India, in the course
or furtherance of business shall by treated as supply even if it is without any consideration.
The said importation of service shall fall within the ambit of term “supply” and G shall be
liable to pay integrated tax under IGST Act, 2017 even if R has provided consultancy
services without any consideration. However, if such services are for personal use then
it will not be treated as supply unless there is a consideration.
Problem 10:
Under a scheme of finance, Maruti Ltd. gives the possession of car to the buyer in
November, 2017. It agrees to transfer the ownership of the car to the buyer in January,
2019 upon payment of full consideration of Rs. 9,60,000, in installments as agreed.
What will be the nature of this transaction?
Solution : As per Schedule II of the CGST Act, transfer of title in goods under an
agreement which stipulates that property in goods shall pass at a future date upon payment
of full consideration as agreed shall be treated as supply of goods.
Thus, the aforesaid transaction shall be treated as supply of goods on hire purchase
and liable to GST.
Problem 11:
R, the owner of a specific piece of land in Delhi, leases the same to G for one year for
an agreed, Consideration in November, 2017.
What will be the nature of this transaction?
Solution :
As per Schedule II of the CGST Act, any lease, tenancy, easement, license to occupy
land shall be treated as supply of services.
Thus, the aforesaid lease of land shall be treated as a supply of services and liable to
GST.
Problem 12:
R is a manufacturer of goods. He sends his goods for the purpose of special packaging
to G on job work. The packaging material has also been provided by R.
What is the nature of this activity?
Solution : As per Schedule II of the CGST Act, treatment or process applied to
another person’s goods (job work) shall be treated as supply of services. Further, it shall
be immaterial, whether the job-work is to be carried out by a job-worker with or without
any material.
In the given case, the activity of special packing by G shall be treated as supply of
services. Further, it shall be immaterial whether G uses his own packing material or the
same is provided by R.
Problem 13 :
R is carrying on the business of consumer durable products. He disposed of a defective
TV for Rs. 20,000 to G whereas its normal price is Rs.2,00,000.
(a) Will the aforesaid disposal be treated supply of goods or services.
(b) Assume in the above example, R donated the above-refrigerator to an NGO and
he has claimed the input tax credit on such refrigerator at the time of purchase.
Solution : (a) As per Schedule II of the CGST Act, where goods forming part of the
assets of a business are transferred or disposed of by or under the directions of the
person carrying on the business so as no longer to form part of those assets, whether or
not for a consideration, such transfer or disposal is a supply of goods by the person.
Thus, the aforesaid disposal shall be considered as supply of goods by R and
liable to GST.
(b) The aforesaid donation shall be considered as supply of goods by R. Valuation
of the defective refrigerator for payment of GST shall be done on fair market
value basis in accordance with CGST Rules, 2017 concerned with determination
of value.
Problem 14 :
R deals in home appliances like washing machines, refrigerator, etc. He uses computers
in his shops for keeping track of inventory and for other business purposes. Out of 2
computers, R takes home one computer to be used by his son for his studies during the
month of October, 2017 and thereafter computer is brought back to the show room of
R.
What will be the nature of this transaction?
Solution :
As per Schedule II of the CGST Act, where goods held or used for the purposes of
the business are put to any private use or are used, or made available to any person for
use, for any purpose other then a purpose of the business, whether or not for a
consideration, the usage or making available of such goods is supply of services.
The aforesaid private use of a computer by R/his son shall be treated as a ‘supply of
services’, although it is without consideration and thus liable to GST.
Problem 15 :
R gives generator-sets on rental basis to various customers. He gives a generator-set
to his brother-in-law for a period of one month in September, 2017 on the occasion of
some function in the home of his brother-in-law and thereafter generator is brought back
to the show room of R. What will be the nature of this transaction?
Solution : As per Schedule II of the CGST Act, where goods held or used for the
purposes of the business are put to any private use or are used, or made available to any
person for use, for any purpose other than a purpose of the business, whether or not for
a consideration, the usage or making available of such goods is supply of services.
The activity of making available the said generator for the private use of brother-in-
law of R shall be treated as a ‘supply of services’ although it is without consideration and
thus liable to GST.
Problem 16 :
R has closed down his business but was left with certain capital goods and inputs
forming part of the assets of the business carried on by him. The closure of the business
is due to his ill health.
What will be the nature of this transaction?
Solution : As per Schedule II of the CGST Act, where goods forming part of the
assets of any business carried on by a person shall be deemed to be supplied by him in the
course or furtherance of his business immediately before he ceases to be a taxable person,
unless—
(i) the business is transferred as a going concern to another person; or
(ii) the business is carried on by a personal representative who is deemed to be a
taxable person.
In this case, such goods shall deemed to be supplied by him in the course of furtherance
of his business immediately before he ceases to be a taxable person. Thus, the capital
goods which have some useful life and such inputs lying with him on which credit has
been availed should be treated as deemed supply and shall be subject to GST.
2.4.4 Illustration
Problem 1 :
R is selling hampers consisting of canned foods, sweets, chocolates, cakes and dry
fruits on Diwali and other festivals. What is the kind of supply and at which rate will GST
be payable by R?
Solution : The supply of hamper consisting of canned foods, sweets, chocolates,
cakes and dry fruits if sold for a single price shall be a mixed supply and the GST rate
shall be rate of any of these items which attracts the highest rate of tax. However, if each
of the items is supplied separately and is not dependent on any other item, it shall not be
mixed supply and GST rate applicable shall be the rate applicable for each supply.
Problem 2: .
R dispatched chocolates to G from Delhi to Punjab after getting it packed and paying
insurance charges of such goods. What is the kind of such supply of chocolates and what
rate will GST be applicable?
Solution : Where goods are packed and transported with insurance, the supply of
goods, packing materials, transport and insurance is a composite supply and supply of
goods is the principal supply. GST rate applicable in this case shall be the GST rate of
chocolates.
Problem 3 :
R purchases air travel ticket of Air India from Delhi to Bangalore for Rs. 9,000 which
includes free food on board and free insurance. What is the kind of such supply and what
rate will GST be applicable?
Solution: Air travel ticket from Delhi to Bangalore costing Rs. 9,000 includes free
food on board and free insurance. Therefore, it is a case of composite supply. In this
case, the transport of passenger, institutes the pre-dominant element of the composite
supply, and is treated as the principal supply and all other supplies are ancillary. Hence,
GST rate applicable in this case shall be the GST rate of transportation of passenger by
air.
Problem 4 :
Mr. Ram being a dealer in laptops, sold laptop to a customer in Laptop Bag, for Rs.
55,000. CGST and SGST for laptop @ 18% and for laptop bag @ 28%. What would be
the rate of tax leviable? Also find the GST liability.
Solution : If the laptop bag is supplied along with the laptop in the ordinary course of
business, the principal supply is that of the laptop and the bag is an ancillary.
Therefore, it is a composite supply and the rate of tax would that as applicable to the
laptop. Hence, applicable rate of GST 18% on Rs.55,000. CGST is Rs.4,950 and SGST
is Rs. 4,950
Problem 5 :
Mr. A booked a Rajdhani train ticket, which includes meal. Is it composite supply or
mixed supply?
Solution : It is a bundle of supplies. It is a composite supply where the products
cannot be sold separately. The transportation of passenger is, therefore, the principal
supply.
Rate of tax applicable to the principal supply will be charged to the whole composite
bundle.
Therefore, rate of GST applicable to transportation of passengers by rail will be
charged by IRCTC on the booking of Rajdhani ticket.
Problem 6 :
Big Bazar offers a free bucket with detergent purchased. Is it composite supply or
mixed supply? Assume rate of GST for detergent @ 28% and bucket @ 18%.
Solution : This is a mixed supply. These items can be sold separately. Product which
has the higher rate will apply on the whole mixed bundle.
Problem 7:
XYZ Ltd. is a manufacturer of cosmetic products, supplied a package consisting of
hair oil (GST Rate -18%), Sun screen cream (GST Rate - 28%), Shampoo (GST rate -
28%) and hair comb (GST Rate -12%). The Price per package is Rs. 500 (exclusive of
taxes). 10,000 packages were supplied by the company to its dealers. Determine the
nature of supply and its tax liability.
Solution : This supply would be regarded as mixed supply, since in this case each of
the goods in the package have individual identity and can be supplied separately, but are
deliberately supplied conjointly for a single consolidated price. The tax rates applicable
in case of mixed supply would be the rate of tax attributable to that one supply (goods,
or services) which suffers the highest rate of tax from amongst the supplies forming part
of the mixed supply. Therefore, the package will be chargeable to 28% GST.
The tax liability will be arrived as under :
Particulars Rs.
Value of taxable supply per package Rs. 500
No. of packages 10,000
Total Taxable Value of supply Rs. 50,00,000
Applicable GST Rate 28%
Total Tax liability Rs.14,00,000
Problem 8 :
A Ltd. a manufacturing concern in Rajasthan has opted for composition scheme
furnishes you with the following information for Financial Year 2018-19. It requires you
to determine its composition tax liability and total tax liability. In Financial Year 2017-18
total value of supplies including inward supplies taxed under reverse charge basis are
Rs. 68,00,000. The break up of supplies are as follows –
Particulars Rs.
(1) Intra State Supplies of Goods X chargeable @ 5% GST 30,00,000
(2) Intra State Supplies made which are chargeable to GST 18,00,000
at Nil rate
(3) Intra state supplies which are wholly exempt under section
11 of CGST Act, 2017 2,40,000
(4) Value of inward supplies on which tax payable under RCM
(GST Rate 5%) 5,00,000
(5) Intra State Supplies of Goods Y chargeable @ 18 % GST 30,00,000
Solution: The composite tax liability of A Ltd. shall be as under :
(1) Computation of Aggregate Turnover and composite tax :
Particulars Rs.
(1) Supplies made under forward charge 30,00,000
(2) Supplies made which are chargeable to GST at Nil rate 18,00,000
(3) Supplies which are wholly exempt under section 11 of CGST 2,40,000
Act, 2017
(4) Value of inward supplies on which tax payable under RCM NIL
(GST Rate 5%) (not to be included)
(5) Intra State Supplies of Goods Y chargeable @ 18 % GST 30,00,000
Aggregate turnover 30,00,000
Rate of composite tax 2%
Total Composite tax [Rs. 30,00,000 ×2%] 60,000
(2) Tax payable under reverse charge basis:
Particulars Rs.
Value of inward supplies on which tax payable under RCM 5,00,000
Rate of GST 5%
Tax payable under RMC 25,000
Total Tax liability (Rs. 60,000+2,5000) 85,000
2.5 Place of Supply
Under the GST environment, Place of Supply (PoS) of Goods and Services is the
most important concept because the chargeability of GST is based on three pillars.
Taxable event i.e supply
Time of supply of Goods / Services (point of taxation)
Place of Supply of Goods and Services.
Therefore it can be said that Place of Supply is very significant for computation of
tax under GST regime. In case the Place of Supply is wrongly determined, it has vast
implication under provision of Section 77. According to that section if a person
wrongly collect and paid the CGST and SGST assuming the transaction is a Intra- State
supply, while the actual transaction is a Inter-State supply, shall refund the CGST/SGST
and paid IGST along with interest and vice versa. Under GST it is very important to
determine the nature of supply because it’s only after determining the same we can
make sure the tax that is to be collected and paid. Hence, in case the nature of supply
is Inter-State we shall apply Integrated Goods and Service Tax (IGST) on the
transaction and in case of Intra-State supply we need to apply both i.e. Central Goods
and Service Tax (CGST) and State Goods and Service Tax (SGST). As per Section 7
of IGST Act, a transaction is said to be a Intra-State supply if the location of supplier
and the Place of Supply of goods and services are in same state or same Union
Territory. As per Section 8 of IGST Act, a transaction is said to be a Inter-State
supply if the location of supplier and the Place of Supply of goods and services are two
different States or two different Union Territory or one in Union Territory and another
is State Territory. Inter- State supplies also includes the supply of goods or services
imported into India, where LoS (location of supplier) is outside India and PoS (Place
of Supply) is in India, and supply of goods and services exported from India, where LoS
in India but PoS is outside India. Apart from this, there are some specified transactions
which actually looks like Intra- State supplies but deemed to be a Inter- State supplies,
for example supplies made to or by SEZ units even within the State would be
considered as Inter- State Supplies. All Intra-State supplies are governed by Central
GST Act and State/ Union Territory GST Act, 2017 and applicable taxes are CGST
plus SGST/UGST. So imposition of two different kinds of taxes on the same
transaction indicates the equal share of taxes by Central and State/ UT Government.
All Inter-State supplies are governed by the IGST Law applicable levy on the
transaction is IGST. This IGST include the share of both Central Government and
respective state/ UT Government which is consider as the Place of Supply. Thus the
concept of Place of Supply is the utmost important from the point of Government to
determine which State or Union Territory will get the share of
IGST and it is also important for the business to identify which taxes to be imposed
depending upon whether the transaction is Inter Sate supply or Intra- State supply.
2.5.4 Illustration
Problem 1 :
(a) What shall be the place of supply and kind of GST chargeable, if R of Delhi
makes a supply of goods to G of Gujarat?
(b) What shall be your answer if G is also located in Delhi?
Solution : (a) The place of supply in this case shall be Gujarat where the movement
goods terminate and it will be a case of inter-State supply liable to IGST.
(b) On the other hand, if G is also located in Delhi, the place of supply shall be
Delhi and it will be a case of intra-state supply liable to CGST and Delhi SGST.
Problem 2 : R of Ghaziabad (UP) comes to Delhi and wishes to buy a washing
machine for his residence at Ghaziabad. He visited a showroom of washing machine
of G in Delhi. G agreed to transport and deliver the washing machine to R at his
residence in Ghaziabad for a sum of Rs. 20,000 including transportation charges.
(a) What shall be the place of supply and kind of GST chargeable in this case?
(b) Will the situation be different if R agrees to take the washing machine himself
to Ghaziabad?
Solution : (a) In this case, supply involves movement of goods from Delhi to
Ghaziabad (UP) and responsibility of movement of goods is of the supplier G. The
place of supply in this case shall be Ghaziabad where the movement terminates for
delivery. Hence, it shall be a case of inter-state supply and liable to IGST.
(b) The situation will not be different if R agrees, that he will himself move the
goods to Ghaziabad.
Problem 3 :
R of Delhi has supplied goods to G of Ambala (Haryana). During the movement of
goods G directed R to transfer the documents of title to S of Chandigarh (Union
Territory). What shall be the ‘place of supply’ and kind of GST chargeable in this case?
Solution : The place of supply of such goods shall be Chandigarh (Union Territory)
and it will be a case of Inter-State supply liable to IGST.
Problem 4 :
R of Haryana, books an order to supply toys to J of Jaipur (Rajasthan). R places the
order on G Itoys Ltd. Mumbai, the manufacturer of such toys and instructs G
Toys Ltd. to deliver the toys directly to J of Jaipur to save the transportation cost. What
shall be the place of supply and kind of GST Chargeable in this case?
Solution : In this case goods are delivered to J in Jaipur by G Toys Ltd. the supplier
of goods located at Mumbai on the direction of R. Delivery of goods by G Toys Ltd.
to J of Jaipur (Rajasthan) shall be considered as supply to R of Haryana and the place
of supply of this transaction shall be Haryana Sing the principal place of business of
R. This supply shall be considered as inter-state supply and shall be subject to IGST
which will be charged by G Toys Ltd. of Mumbai in his invoice raised to R of Haryana.
Problem 5 :
R of Mumbai (Maharashtra) enters into an agreement with G to Ahmedabad (Gujrat)
for installation of a machine in his factory at Goa.
(a) What shall be the place of supply and kind of GST chargeable to this case
(b) What shall be your answer if the machine has to be installed on G’s factory at
Pune (Maharashtra)
Solution : (a) The place of supply in this case shall be the place of installation of
machine i.e. Ahmedabad (Gujrat). Thus it will be a case of inter-state supply and R
will have to pay IGST at Delhi.
(b) If this machine has to be installed by R on behalf of G in Pune (Maharashtra).
It will be a case of intra-state supply and R will have to pay CGST and
Maharashtra SGST at Mumbai.
Problem 6 :
R, a flight caterer, of Gurgaon (Haryana) has loaded food and drinks on Air India
aircraft at Delhi on its flight from Mumbai to Amritsar via Delhi for passengers on
board. What shall be the place of supply and kind of GST chargeable in this case?
Solution : The place of supply in this case shall be Delhi from where foods and
drinks were loaded on the aircraft and it will be a case of inter-State supply as R is in
Gurgaon (Haryana) and the place of supply is in Delhi. Thus R will have to pay IGST
at Delhi.
Problem 7 :
A ticket for anywhere travel in India is issued by Jet Airways to R. How would you
determine the ‘place of supply‘ in this case?
Solution : In this case the place of embarkation will not be available at the time of
issue of invoice as the right to passage is for future use. Accordingly, place of supply
cannot be the place of embarkation. In such case, the place of supply of such
service shall be determined in accordance with the provisions of section 12(2) i.e. if
the services are made to—
(a) a registered person, it shall be the location of such person;
(b) any person, other than a registered person it shall be—-
(i) the location of the recipient where the address on record exists: and
(ii) the location of the supplier of services in other cases.
Problem 8 :
A person travels from Delhi to Chennai and back to Delhi. How would you
determine the place of supply in this case?
Solution : The place of supply shall be determined as under:
If the person is registered, the place of supply shall be the location of recipient. If
the person is not registered, the place of supply for the for on ward journey from Delhi
to Chennai shall be Delhi, the place where he embarks.
However, for the return journey, the place of supply shall be Chennai as the return
journey has to be treated as separate journey.
Problem 9 :
From the following information determine the place of supply of goods as per IGST
Act, 2017, where the goods are delivered by the supplier to a recipient on the direction
of a third person during the course of movement of goods. Also determine the nature
of supply -whether inter state or intra-state supply?
Supplier and his Location of the buyer Recipient and his Place of delivery of
location (third person) location the goods
A Ltd. Jaipur A Ltd. Jaipur M Ltd. Mumbai Mumbai
A Ltd. Jaipur M Ltd. Mumbai B Ltd. Jaipur Jaipur
A Ltd. Jaipur S Ltd. Surat M Ltd. Mumbai Mumbai
A Ltd. Jaipur M Ltd. Mumbai P Ltd. Mumbai Mumbai
Problem10 :
Determine place of supply of goods in the following cases and also state the nature of
supply and the type of tax leviable:
Supplier and his location Recipient and his location Place of assembly/
installation of goods
A Ltd. Jaipur B Ltd. Jaipur Kolkata
A Ltd. Jaipur M Ltd. Mumbai Surat
A Ltd. Jaipur S Ltd. Surat Allahabad
A Ltd. Jaipur M Ltd. Mumbai Jaipur