1 CA Final IDT - TextBook Ver 7 - CA Ramesh Soni - Samples

CHARTMASTER’s
Textbook on
INDIRECT TAX LAWS
For
CA, CMA Final & CS Professional

May/June 2022 & Nov/Dec 2022
CA RAMESH SONI
www.rameshsoni.com
Ramesh Soni Classes | Bangalore | 9353619482 | 7483378296

First Edition: May 2018
Seventh Edition: Dec 2021
Price: Rs 1400/-
CHARTMASTER’S TEXTBOOK
On Indirect Tax Laws
For CA | CS | CMA
© with Author
Laws stated in this book is amended upto 31st October, 2021
Every effort has been made to avoid errors or omissions in this publication. In spite
of this, errors may creep in. Any mistake, error or discrepancy noted may be brought
to our notice which shall be taken care of. It is notified that the users will be
responsible for any damage or loss of action to any one, of any kind, in any manner,
there from. It is suggested that to avoid any doubt, the reader should cross-check
all the facts, law and contents of the material on web with original Government
publications or notifications.
No part of this publication may be reproduced, distributed, transmitted or copied in

any form or by any means, including photocopying, recording, or other electronic or
mechanical methods or reproduced on any disc, tape, perforate media or other
information storage device, without the prior written permission of the author. Breach
of this condition is liable for legal action
All disputed are subject to Bangalore jurisdiction only.
This publication is for private circulation only.

CHARTMASTER’s GST
Sl No. Particulars Page No.
1. GST: Introduction, Overview & Administration 1.1 – 1.11
2. Supply 2.1 – 2.27
3. Nature of Supply 3.1 – 3.4
4. Charge of GST 4.1 – 4.15
5. Composition levy 5.1 – 5.7
6. Registration 6.1 – 6.24
7. Exemptions from GST 7.1 – 7.42
8. Value of Supply 8.1 – 8.15
9. Tax Invoice, Credit and Debit Notes 9.1 – 9.24
10. Accounts and Records 10.1 – 10.6
11. E-way bill 11.1 – 11.11
12. Time of Supply 12.1 – 12.8
13. Input Tax Credit 13.1 – 13.29
14. Job Work 14.1 – 14.8
15. Input service distributor 15.1 – 15.4
16. Payment of Tax 16.1 – 16.10
17. TDS and TCS 17.1 – 17.9
18. Returns 18.1 – 18.25
19. Advance Ruling 19.1 – 19.5
20. Assessment 20.1 – 20.5
21. Audit 21.1 – 21.3
22. Inspection, Search, Seizure and Arrest 22.1 – 22.10
23. Demands and Recovery 23.1 – 23.16
24. Appeals and Revision 24.1 – 24.16
25. Liability to Pay in Certain Cases 25.1 – 25.6
26. Offences and Penalties 26.1 – 26.12
27. Place of Supply 27.1 – 27.25
28. Imports under GST 28.1 – 28.9
29. Exports under GST 29.1 – 29.11
30. Refunds 30.1 – 30.26
31. Miscellaneous Provisions 31.1 – 31.19

CHARTMASTER’s Customs & FTP
Sl No. Particulars Page No.
1. Levy and Exemption from Custom duty 1.1 – 1.18
2. Importation, Exportation and Transportation of goods 2.1 – 2.18
3. Classification of Goods 3.1 – 3.8
4. Valuation under Customs 4.1 – 4.23
5. Types of Duties 5.1 – 5.26
6. Baggage, Post or Courier & Stores 6.1 – 6.13
7. Assessment and Audit 7.1 – 7.10
8. Duty Drawback 8.1 – 8.18
9. Refund 9.1 – 9.5

Customs (Import of goods at concessional rate of duty) rules
10. 10.1 – 10.5
2017
11. Warehousing 11.1 – 11.9
12. Foreign Trade Policy 12.1 – 12.26
A Note for All My Students
My Dear Students,
It is essential that before we dive deep into the subject matter to make your dream career,
we spend time understanding the nuances that will help you study better. The colour coding
used here will help you segregate and master over the various topics. This will definitely
make your learning easy, focussed, with lasted understanding and in turn help you score
better. My best wishes with you, ALWAYS!
Headings Blue and Yellow

Sub-Headings Light orange and blue
Amendments Green (Headings/Sub-headings with amendments are also green)
Illustrations Dark orange
Circulars & Notifications Purple
Crux/Summary Maroon
Highlighted Points Red
Author’s Comment(s) Red and Sky Blue
GST: Introduction, Overview & Administration
1. GST: Introduction, Overview & Administration
What is Tax?
Tax is
• a compulsory payment made by a person
• under a law to the government
• in order to fund various public expenditures and fulfil the developmental needs like infrastructure,
health care, education, security, military, defence etc.
Types of Taxes
Taxes are broadly classified into direct taxes and indirect taxes.
Let us understand the difference between Direct Taxes and Indirect taxes
Direct taxes Indirect taxes
Direct tax is imposed directly on the taxpayer Indirect taxes are imposed on goods and
and paid directly to the Government by the services and its incidence is borne by the
persons on whom it is imposed. The burden of consumers who ultimately consume the
this tax cannot be shifted by the taxpayer. goods/services.
Significant direct tax in India is income tax. Significant Indirect taxes in India are GST &
Customs.
Direct taxes are progressive in nature. Indirect taxes are regressive in nature
Rich pays more taxes compared to poor. because they equally impact the rich or poor.
What is GST – Goods and Services Tax?
As per Article 366: Definitions of Goods and Services Tax

Clause 12A: Goods and services tax means
• any tax on supply of goods, or services or both
• except taxes on the supply of the alcoholic liquor for human consumption.
Author’s comment: Alcoholic liquor for human consumption has always been a major source of
revenue for the states & hence all the states disagreed to subsume it into GST and so the government
in order to ensure smooth transition into GST, agreed to keep alcoholic liquor for human consumption
out of the ambit of GST.
Why is GST Introduced? i.e., Deficiencies in the erstwhile indirect tax regime
1. Cascading effect (also known as tax on tax) of tax is one of the vital ill of existing
Indirect Tax.
2. Non-integration of VAT and Service Tax causes double taxation by not allowing set off
between VAT & Service tax.
3. No CENVAT Credit after manufacturing stage to a dealer/trader.
CA Ramesh Soni 1.1
4. Being an origin-based tax, CST was another source of distortion in terms of its cascading
nature.
5. There were several taxes in the States, such as, Luxury Tax, Entertainment Tax, etc.
which were not subsumed in the VAT. Hence for a single transaction, multiple taxes in
multiple forms were required to be paid.
Various features of GST are as under:
• GST is a tax on supply of goods or services or both.

• GST is a consumption tax i.e.; burden is shifted to ultimate consumers.
• GST is a destination-based tax (DBT).
• GST is a Value added tax: VAT as a model is adopted in GST.
Pre and Post GST Scenario
Tax Goods/ Taxable Event Tax Imposed Taxable levied by

Service person & paid to
Pre GST
Excise Goods Manufactured Central Excise duty Manufacturer CG
VAT Goods Sales – Intrastate Value added tax Trader/Dealer SG
CST Goods Sales – Interstate Central Sales tax Trader/Dealer SG
Service tax Services Provisioning of service Service tax Service provider CG
Post GST
GST Goods/ Supply Goods and Taxable person CG + SG
Services Services tax
Note: CG: Central government, SG: State government
Dual Model of GST
• India has adopted dual model of GST which is imposed concurrently by the centre and the state
i.e., both centre and state will impose tax on a transaction simultaneously.
• GST to be levied by centre will be called CGST & that to be levied by states (incl. states with
legislature) will be called SGST. GST to be levied by UTs to be called UTGST (UTs without
legislature).
Note: India has adopted GST model from Canada.
Nature of supply and types of GST charged on different types of trade and Commerce
Intrastate Supply: Where the Location of supplier and place of supply is within the same state/ union
territory it is known as intrastate supply.
Interstate Supply: Where the Location of supplier and place of supply are in
(i) Two different states,
(ii) Two different Union Territories,
(iii) A State and a Union territory
it is known as interstate trade.
In case of Intrastate supply within state/UT: we always charge CGST & SGST/CGST & UTGST.
In case of Interstate supply: we always charge IGST (i.e., CGST & SGST integrated together).
CA Ramesh Soni 1.2

Taxes Subsumed into GST
Central taxes subsumed
• Central Excise duty

• Service tax
• Countervailing duty (CVD) & Special CVD (Special additional duty) levied under Customs
• Central Sales Tax
• Surcharges and Cesses
State taxes subsumed
• State surcharges and cesses in so far as they relate to supply of goods & services
• Entertainment Tax (except those levied by local bodies)
• Tax on lottery, betting and gambling
• Entry Tax (All Forms)
• VAT/Sales tax
• Luxury tax
Taxes not subsumed into GST
• Basic custom duty

• Property tax and stamp duty
• Electricity duty
• Excise duty on Alcoholic liquor for Human consumption
• Excise duty on petrol, diesel etc.
• Entertainment tax charged by local bodies (municipality)
Note: In case of tobacco and tobacco products, the centre alone would have the power to levy excise
duty in addition to GST. The levy of excise duty is only in manufacturing stage, GST is leviable on the
amount (inclusive of excise duty).
Entertainment tax by local bodies is levied on cinema, video shows, cable T.V. operators,
amusement, performance, pageant and game/sports and horse races.
Various Taxes on Goods/Services (Summary)

Goods/Services SED CED VAT/CST GST
Alcoholic Liquor for Human Consumption Yes Yes
High Speed Diesel, Crude Petroleum, Motor Spirit, Aviation Yes Yes
turbine fuel, Natural Gas (HPMAN)
Tobacco and tobacco products Yes Yes
Opium Indian hemp & Other narcotic substances Yes Yes
Other Goods/Services Yes
SED: State excise duty CED: Central excise duty
Principles adopted for subsuming the above taxes under GST
(i) Taxes or levies to be subsumed should be primarily in the nature of indirect taxes, either on the
supply of goods or on the supply of services.
(ii) Taxes or levies to be subsumed should be part of the transaction chain which commences with
import/ manufacture/ production of goods or provision of services at one end and the consumption
of goods and services at the other.
CA Ramesh Soni 1.3

(iii) The subsuming of taxes should result in free flow of tax credit in intra and inter-State levels. The
taxes, levies and fees that were not specifically related to supply of goods & services would not be
subsumed under GST.
(iv) Revenue fairness for both the Union and the States individually would need to be attempted.
Benefits of GST
• Creation of Unified national market with common tax rates and procedures.
• Boost to ‘Make in India' initiative by making goods and services produced in India competitive
in the national as well as international market.
• Enhanced investment and employment by complete and comprehensive set off of input tax on
goods and services and phasing out of CST reduces the cost of locally manufactured goods and
services and increases the competitiveness of Indian goods and services in the international
market and thus, gives boost to investments and Indian exports. With a boost in exports and
manufacturing activity, more employment is generated and GDP is increased.
• Ease of doing business: Simpler tax regime along with reduction in multiplicity of taxes.
• Automated procedures with greater use of Information technology (IT): Simplified and
automated procedures for various processes such as registration, returns, refunds, tax payments.
• Reduction in compliance costs: There is lesser investment of resources and manpower due to
reduction in maintaining multiple records.
• Mitigation of ill effects of cascading by subsuming most of the Central & State taxes into a
single tax and by allowing a set-off of prior-stage taxes.
• Benefits to small traders and entrepreneurs: GST has increased the threshold for GST
registration for small businesses. Further, single registration is needed in one State. Small
businesses have also been provided the additional benefit of composition scheme. With the
creation of a seamless national market across the country, small enterprises have an opportunity
to expand their national footprint with minimal investment.
Genesis of GST (History from origin)
GST is a path breaking indirect tax reform which will create a common national market. GST has
subsumed multiple indirect taxes like excise duty, service tax, VAT, CST, luxury tax, entertainment
tax, entry tax, etc.
Year Events
1954 France was the first country to implement GST. At present about 160 countries have
adopted GST.
2004 Kelkar Task force strongly recommended fully integrated GST on national basis.
2007-08 Union FM, P. Chidambaram, while presenting the Budget, announced that GST would
be introduced from April 1,2010
19.12.14 The Constitution (122nd Amendment) Bill, 2014 introduced in the Lok Sabha
06.05.15 The Lok Sabha passed the Constitution (122nd Amendment) Bill, 2014
2016 The Rajya Sabha passed the Bill on August 03, 2016.
• The Constitution (122nd Amendment) Bill, 2014 received the assent of the President
on 08.09.16 &
CA Ramesh Soni 1.4

Year Events
• It became the Constitution (101st Amendment) Act, 2016, which paved the way of
GST in India
March 17 On 27th March, 2017, the Central GST legislations introduced – CGST Bill, 2017,
IGST bill 2017, UTGST bill 2017, (GST compensation to states) bill, 2017 in Lok Sabha
& On 29th March, 2017, Lok Sabha passed these bills.
12.04. 17 President’s assent was given and bills were enacted.
01.07. 17 GST rolled out in India.
08.07. 17 GST law was made applicable to the state of Jammu and Kashmir
Constitutional Provisions
A study of the basic provisions of the Constitution is essential for understanding the genesis of the
various taxes being imposed in India. The significant provisions of the Constitution relating to taxation
are as under.
Article 265: No tax to be levied without authority of Law
Article 265 of the Constitution of India prohibits arbitrary collection of tax.

It states that “no tax shall be levied or collected except by authority of law”.
Article 245: Power to make laws by Parliament and by state legislature
This Article empowers

➢ Parliament may make laws for the whole or any part of the territory of India, and
➢ The legislature of a State may make laws for the whole or any part of the State”
Article 246: Distribution of Power to make Law
Article 246 gives the respective authority to Union and State Governments for levying tax.
Seventh Schedule to Article 246: Divides the legislative powers into the following three lists:
Union list – List I State list – List II Concurrent list -
(Parliament) (State legislature) List III
Entry Items (1 to 97) E Items (1 to 66) E Items
no. No. No. (1 to 47)
82 Taxes on income other 46 Taxes on agricultural Income 1 Criminal law
than agricultural income
83 Custom duty 51 SED on AL for HC, opium, Indian 44 Stamp duties
hemp and other narcotics drugs
84 Duties of excise on 54 Taxes on the sale or purchase of
HPMAN and Tobacco and goods (Value added tax)
Tobacco products
92A Central sales tax 62 Tax on luxuries, including taxes
97 Any other matters not on entertainments, amusements,
enumerated in List II/III betting and gambling.
Article 254 of the constitution deals with the effect of inconsistency between the law of parliament
and law of state legislature. Article 254 deals with the supremacy of the laws made by Parliament.
AL for HC: Alcoholic Liquor for Human Consumption

HPMAN: High speed diesel; Petroleum crude; Motor spirit (petrol); Aviation turbine fuel; Natural gas.
CA Ramesh Soni 1.5

Constitutional Amendment
Introduction of the GST required amendment in the Constitution so as to enable integration of the
central excise duty, additional duties of customs, State VAT and certain State specific taxes and service
tax into a comprehensive GST and to empower both Centre and the States to levy and collect it.
Earlier CG had power to levy taxes on manufacture, whereas state government had power to levy VAT
on sale of goods within the state, with the introduction of GST both the government wanted to
simultaneously levy and collect the tax, and existing Article 246 does not provide for making taxation
laws together by centre and state. Hence the constitution of India had to be amended and Article 246-
A is introduced in order to empower the centre & the state to levy and collect the GST simultaneously.
Article 246A: Special provisions with respect to GST
(1) Notwithstanding anything contained in Articles 246 and 254,

➢ Parliament, and,
➢ subject to clause (2), the Legislature of every State,
➢ have power to make laws with respect to GST imposed by the Union or by such State.
Author’s comments: This article overrides article 246 and 254, Article 246 distributes power
between the parliament & state legislature and 254 deals with situation when there is
inconsistency between the law of parliament and law of state legislature, where it says law by
parliament shall prevail. Article 246A provides concurrent power to CG & SG to levy GST.
(2) Parliament has exclusive power to make laws with respect to GST where the supply of
goods, or of services, or both takes place in the course of inter-State trade or commerce.
Author’s comments: Parliament to make law regarding interstate supply and state will have
no power in case of interstate trade.
Explanation:
The provisions of this article, shall, in respect of GST referred to in clause (5) of article 279A,
take effect from the date recommended by the GST Council
Author’s comments: Provisions in respect of petroleum crude, high speed diesel, motor spirit,
natural gas, aviation turbine fuel shall apply from the date recommended by GST council.
Article 248 amended: Residuary powers of legislation amended
Article 248 grants the residuary powers to Parliament to make laws with respect to any matter not
enumerated in the Concurrent List or State List. Such power shall include the power of making any
law imposing a tax not mentioned in either of those lists.
This article has been amended. Now, this power has been subjected to Article 246A, namely the power
to make laws with respect to goods and service tax to be imposed by the Centre and States.
Article 269A: Levy and collection of GST on inter-State supply
(1) GST on supplies in the course of inter-State trade or commerce (IGST)

➢ shall be levied & collected by the government of India (CG) &
➢ such tax shall be apportioned between the Union & the States
➢ in the manner provided by Parliament by law on the recommendations of the GST Council.
Explanation: for the purpose of this clause, Supply of goods, or of services or both in the
course of import into the territory of India shall be deemed to be supply of goods, or of
services, or both in the course of inter-state trade or commerce
(5) Parliament may, by law,
➢ formulate the principles for determining the place of supply,
➢ and when a supply of goods, or of services, or both takes place in the course of inter-
state trade or commerce.
CA Ramesh Soni 1.6

Author’s comments:
1. IGST shall be levied by CG and apportioned between union and state.
2. The principles for determining the place of supply are in section 10, 11, 12 and 13 of the IGST act
and the principles for determining the nature of supply i.e., Intra state or inter-state shall be as
per section 7 and 8 of the IGST act.
GST (Compensation to states) act 2017
A GST Compensation Cess at specified rate has been imposed under the GST (Compensation to States)
Cess Act, 2017 on the specified luxury items or demerit goods, like pan masala, tobacco, aerated
waters, motor cars etc., computed on value of taxable supply.
Compensation Cess is leviable on intra-State supplies & inter-State supplies with a view to provide for
compensation to the States for the loss of revenue arising on account of implementation of the GST.
Compensation is to be provided to a State for a period of 5 years from the date on which the State
brings its SGST Act into force.
Article 279A: GST Council-Constitutional body
Section 2(36): Council means the GST Council established under article 279A of the Constitution.
(1) Article 279A of the Constitution empowers the President to constitute a joint forum of the Centre
and States namely, Goods & Services Tax Council (GST Council).
(2) The joint forum of the Centre & States namely, GST Council.
a. The provisions relating to GST Council came into force on 12th September, 2016.
b. President constituted the GST Council on 15th September, 2016.
(3) Members of the GST council-total 33 members
• The Union Finance Minister - Chairman
• The Union Minister of State in charge of Revenue or Finance- Member
• Ministers in charge of Finance/Taxation or any other Minister nominated by each of the States
& UTs with Legislatures - Members.
(4) The function of the Council is to make recommendations to the Union & the States on
important issues like:
• The taxes, cesses and surcharges which may be subsumed in the GST;
• The Goods and services subjected to/ exempted from GST
• Model GST laws, principles of levy, apportionment of GST levied on Inter-State supplies & the
principles that govern the place of supply;
• Threshold limit of turnover below which no GST shall be charged on goods/services
• Rates of GST,
• Special rates for specified period to raise additional resources during any natural calamity or
disaster.
CA Ramesh Soni 1.7

• Special provisions with respect to the States of Arunachal Pradesh, Assam, Jammu and
Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and
Uttarakhand; and
• Any other matter relating to the GST, as the Council may decide
• The date on which GST be levied on petroleum crude, high speed diesel, motor spirit, natural
gas and aviation turbine fuel.
(5) One half of the total number of members of the GST Council shall constitute the quorum at its
meetings.
(6) Every decision of the GST Council is taken by a majority of not less than three-fourths of the
weighted votes of the members present and voting.
✓ Vote of the Centre has a weightage of one-third (i.e., 33.33%) of total votes cast and
✓ Votes of all the State governments (31) taken together have a weightage of two-thirds (i.e.,
66.67%) of the total votes cast, in that meeting.
Common Portal
• GST Portal – www.gst.gov.in – is a website managed by Goods and Services Tax Network.
• The functions of the GSTN include
▪ facilitating registration;
▪ forwarding the returns to Central and State authorities;
▪ computation and settlement of IGST;
▪ matching of tax payment details with banking network;
▪ providing various MIS reports to the CG and the SGs based on the taxpayer return information;
▪ providing analysis of taxpayers' profile.
• The portal is one single common portal for all GST related services like obtaining registration,
paying tax, filing of returns, etc.
• GSTN provides three front end services to the taxpayers namely registration, payment and return
through GST Common Portal.
• GSTN is a not-for-profit (u/s 8 of companies’ act), non-Government, private limited company.
• The Common GST Electronic Portal for furnishing electronic way bill is www.ewaybillgst.gov.in
[managed by the National Informatics Centre, Ministry of Electronics & Information Technology,
Government of India].
• The Common GST Electronic Portal for e-invoicing, namely:
• www.einvoice1.gst.gov.in; • www.einvoice2.gst.gov.in; • www.einvoice3.gst.gov.in;
• www.einvoice10.gst.gov.in;
GST Suvidha Providers (GSPs) & Application Service Providers (ASPs)
• GSTN has selected certain IT, ITeS and financial technology companies, to be called GST Suvidha
Providers.
• GSPs develop applications to be used by taxpayers for interacting with the GSTN.
• They facilitate the tax payers in uploading invoices as well as filing of returns and act as a single
stop shop for GST related services.
• They customize products that address the needs of different segment of users.
• GSPs may take the help of Application Service Providers (ASPs) who act as a link between
taxpayers and GSPs.
• Hence, we can say that GSPs will act as link between taxpayer and GSTN portal, and ASP will act
as link between taxpayer and GSPs.
CA Ramesh Soni 1.8

GST Laws: Act and Rules
Particulars ACT
CGST IGST SGST UTGST
Act CGST Act, 2017 IGST Act, 2017 SGST Act, 2017 UTGST Act, 2017
Applicable on Intra-state supply Inter-state supply Intra-state supply Intra-state supply
No of Acts 1 CGST act 1 IGST act 31 SGST acts 1 UTGST act
No of Sections 1 to 174 1 to 25 1 to 174 1 to 26
No of Sec 2(1) to Sec 2(1) to 2(25) Sec 2(1) to 2(121) Sec 2(1) to 2(10)
definition 2(121)
Rules
Rule CGST rules, 2017 IGST rules, 2017 State wise rules. NA
Refer: Section Refer: Section 22 E.g.: Karnataka
164 of CGST act of IGST act GST rules, 2017
No of rules 1 to 162 1 to 3 1 to 162 NA
Sec 164 of CGST Act/Sec 22 of IGST act: Power of Government to make rules
(1) The Government may, on the recommendations of the Council, by notification, make rules for
carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Government may
make rules for all or any of the matters which by this Act are required to be, or may be,
prescribed or in respect of which provisions are to be or may be made by rules.
(3) The power to make rules conferred by this section shall include the power to give retrospective
effect to the rules or any of them from a date not earlier than the date on which the provisions of
this Act come into force.
(4) Any rules made under sub-section (1) or sub-section (2) may provide that a contravention thereof
shall be liable to a penalty not exceeding ten thousand rupees.
• CG on recommendation of council to make rules for carrying out provisions under CGST act,
• Contravention of rules may attract a penalty of up to Rs 10,000.
Administration under GST
Central board of Indirect taxes and Customs (The Board)
CBIC earlier known as CBEC, is the administrative body, responsible for the administration of GST
law. CBIC will also administer the work related to levy and collect of excise duty on petroleum
products, tobacco and also Custom duty.
Section 168: Power to issue instructions or directions (Circulars)
(1) The Board may, if it considers it necessary or expedient so to do for the purpose of uniformity in
the implementation of this Act,
• issue such orders, instructions or directions to the central tax officers as it may deem fit, and
• thereupon all such officers and all other persons employed in the implementation of this Act
shall observe and follow such orders, instructions or directions
Author’s comment: Whenever the CBIC observes that there is ambiguity relating to a matter and
there is difference of opinion between the central tax officers, the CBIC i.e., board may issue orders
i.e., circulars in order to ensure uniformity in the implementation of GST provisions. This power has
been given to the board via section 168.
CA Ramesh Soni 1.9

Section 3: Officers under this Act
The Government shall, by notification, appoint the following classes of officers for the
purposes of this Act, namely: –
(a) Principal Chief Commissioners of Central Tax or Principal Directors General of Central Tax,
(b) Chief Commissioners of Central Tax or Directors General of Central Tax,
(c) Principal Commissioners of Central Tax or Principal Additional Directors General of Central Tax,
(d) Commissioners of Central Tax or Additional Directors General of Central Tax,
(e) Additional Commissioners of Central Tax or Additional Directors of Central Tax,
(f) Joint Commissioners of Central Tax or Joint Directors of Central Tax,
(g) Deputy Commissioners of Central Tax or Deputy Directors of Central Tax,
(h) Assistant Commissioners of Central Tax or Assistant Directors of Central Tax, and
(i) any other class of officers as it may deem fit:
Provided that the officers appointed under the Central Excise Act, 1944 shall be deemed to be the
officers appointed under the provisions of this Act.
Section 4: Appointment of officers
(1) The Board may, in addition to the officers as may be notified by the Government under section
3, appoint such persons as it may think fit to be the officers under this Act.
(2) Without prejudice to the provisions of sub-section (1), the Board may, by order, authorise
any officer referred to in clauses (a) to (h) of section 3 to appoint officers of central tax below
the rank of Assistant Commissioner of central tax for the administration of this Act.
Section 5: Powers of officers
(1) Subject to such conditions and limitations as the Board may impose, an officer of central tax may
exercise the powers and discharge the duties conferred or imposed on him under this Act.
(2) An officer of CT may exercise the powers and discharge the duties conferred or imposed under this
Act on any other officer of central tax who is subordinate to him.
(3) The Commissioner may, subject to such conditions and limitations as may be specified in this
behalf by him, delegate his powers to any other officer who is subordinate to him.
(4) Notwithstanding anything contained in this section, an Appellate Authority shall not exercise the
powers and discharge the duties conferred or imposed on any other officer of central tax.
• CT officers to exercise powers and duties given by the act.
• CT officer may excise the power and discharge duties of his subordinates.
• Even commissioner can delegate his powers to subordinate but subject to conditions & limitations.
• Appellate Authority cannot exercise the powers and discharge duties of the CT officers.
Section 6: Authorization of officers of State tax or UTT as PO in certain circumstances

(concept of Cross Empowerment)
(1) The officers appointed under the SGST Act/UTGST act are authorized to be the POs for the purposes
of CGST Act, subject to such conditions as the Government shall, on the recommendations of the
Council, by notification, specify.
(2) Subject to the conditions specified in the notification issued under sub-section (1), –
a. where any PO issues an order under CGST Act, he shall also issue an order under the
SGST/UTGST Act, as authorized by the SGST Act/UTGST Act, as the case may be, under
intimation to the jurisdictional officer of State tax or Union territory tax;
b. where a PO under the SGST/UTGST Act has initiated any proceedings on a subject matter, no
proceedings shall be initiated by the PO under CGST Act on the same subject matter.
CA Ramesh Soni 1.10

(3) Any proceedings for rectification, appeal and revision, wherever applicable, of any order passed by
an officer appointed under CGST Act shall not lie before an officer appointed under the SGST Act
or the UTGST Act.
• Officers appointed under the SGST/UTGST act authorized to act as officers under CGST act also.
• If a PO under CGST act issues an order, he shall also issue an order under SGST/UTGST act and
intimate the SGST/UTGST officer.
• If a PO under SGST/UTGST initiates proceedings on a matter, no proceedings shall be initiated by
PO under CGST act.
• If any order passes by PO under CGST, then rectification, appeal or revision shall not lie with the
officer under SGST/UTGST act.
CA Ramesh Soni 1.11

Supply
2. Supply
Introduction
• A taxable event is any transaction or occurrence that results in a tax consequence.

• Various taxable events that existed under the previous law were manufacture, sale, rendering of
service, etc. have been done away with and now the taxable event under GST is supply.
• Taxable event under GST law is supply of goods or services or both. Hence no supply no GST.
Goods: Section 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 severed before supply or under a contract of supply.
Movable property
Movable property shall mean property of every description, except immovable property
Immovable property
Immovable property shall include
• land,
• benefits to arise out of land, and
• things attached to the earth, or
• permanently fastened to anything attached to the earth;
Author’s comment:
Immovable property hence means
• Land
• Benefits to arise out of land: Transfer of development rights (TDRs), rights to ways, the right
to catch away fish, right to collect dues from a fair or market on a land.
• Things attached to the earth: Things rooted/embedded in the earth like trees, buildings, walls.
• Things permanently fastened to anything attached to the earth: Telecommunication towers,
lift, etc.
Money: Section 2(75):
Money means
• the Indian legal tender or any foreign currency, cheque, promissory note, bill of exchange, letter
of credit, draft, pay order, traveller cheque, money order, postal or electronic remittance or
• any other instrument recognised by the RBI
• when used as a consideration to settle an obligation or exchange with Indian legal tender of
another denomination
• but shall not include any currency that is held for its numismatic value;
Notes: Commercial Paper (‘CP’) and Certificate of Deposit (‘CD’)

• CPs are issued by highly rated companies, primary dealers & financial institutions at a discount to
the face value.
• CDs can be issued by Scheduled Commercial Banks and Financial Institutions permitted by RBI.
• CP and CD are in the nature of promissory notes and hence money.
• However, the related activity, for which a separate consideration is charged, would be chargeable
to GST. Example: issuance charges.
CA Ramesh Soni 2.1
Supply
Securities Section 2(101)
As defined in the Securities Contracts (Regulation) Act, 1956; “Securities” include—

(i) shares, scrips, stocks, bonds, debentures, debenture stock or other marketable
securities of a like nature in or of any incorporated company or other body corporate;
(ia) derivative;
(ib) units or any other instrument issued by any collective investment scheme to the investors;
(ic) security receipt;
(id) units or any other such instrument issued to the investors under any mutual fund scheme;
(ii) Government securities;
(iia)such other instruments as may be declared by the Central Government to be securities; and
(iii) rights or interest in securities.
Notes:
1. Derivatives are securities, hence neither goods nor services and not liable to GST.
2. Future contracts are in the nature of derivatives, these qualify as securities & thus, are not
subject to GST.
However, where the future contracts have a delivery option and the settlement of contract takes
place by way of actual delivery of underlying commodity, then such forward contracts would be
treated as normal supply of goods and liable to GST.
3. Forward contract: An agreement, executed, to purchase or sell a predetermined amount of a
commodity or currency at a pre-determined future date at a pre-determined price.
Where the settlement takes place
- by way of actual delivery of underlying commodity, then such forward contracts would
be treated as normal supply of goods and liable to GST.
- by way of net settlement of differential of the forward rate over the prevailing market rate
on the settlement date, the same would be falling within the purview of ‘securities’ and thus,
are not chargeable to GST.
4. Transactions in instruments like interest rate swaps, and foreign exchange swaps would be
excluded from the definition of ‘supply’ since such instruments are derivatives, being securities.
5. Service charges/service fees/documentation fees/broking charges charged on the
derivatives/future/forward contracts are consideration for provision of service and subject to GST.
Actionable claim (Section 3 of The Transfer of Property Act, 1882)
Actionable claim means a claim

• to any debt, other than a debt secured by mortgage of immoveable property or by
hypothecation or pledge of moveable property,
• or to any beneficial interest in moveable property not in the possession, either actual or
constructive, of the claimant,
• which the Civil Courts recognize as affording grounds for relief,
• whether such debt or beneficial interest be existent, accruing, conditional or contingent.
Examples of Actionable claims are:

• Lottery, Betting, gambling: Right to claim the prize or the amount.
• Claim for arrears of rent: Right to receive rent
• Claim for the money due under insurance policy: Right to receive policy amount
Priority Sector Lending Certificates (PSLCs) [Circular no. 34/8/2018-GST dated 01.03.18]
Issue: Whether Priority Sector Lending Certificates (PSLCs) are outside the purview of GST
and therefore not taxable?
CA Ramesh Soni 2.2

Supply
Clarification:
• PSLC are not securities and are akin to freely tradeable duty scrips, Renewable Energy Certificates,
REP license or replenishment license, which earlier attracted VAT.
• In GST, there is no exemption to trading in PSLCs. Thus, PSLCs are taxable as goods.
• GST payable on the certificates would be available as ITC to the bank buying the certificates.
• Nature of supply of PSLC between banks may be treated as a supply of goods in the course of
inter-State trade or commerce & IGST shall be payable on the supply of PSLC traded over e-kuber
portal(RBI).
Crux:
• PSLCs are goods & not securities,
• Sale of PSLC by bank is supply of goods u/s 7(1)(a) and taxable,
• Nature of supply - interstate & IGST is applicable.
Services: [Section 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.
Explanation - For the removal of doubts, it is hereby clarified that the expression “services”
includes facilitating or arranging transactions in securities.
Author’s comment:
1. Services means anything other than goods, hence we can say that immovable property is not
goods but it will fall within the preview of services.
2. Activities relating to use of Money: Even if money is not service but activities relating to use
of money is a service, for example lending money and receiving interest.
3. Examples for Conversion:
• Giving cash to bank and getting DD/traveller’s cheque for which bank charges a service charge
• Converting Dollar to INR for which bank charges conversion charges
• Getting Rs 2000 converted in Rs 10 notes for which bank charges fees.
4. Securities are neither goods nor services but if stock broker charges a commission/
brokerages charges/ portfolio maintenance charges/Investment management fees/demat charges
those will be services.
Section 7: Scope of Supply
Section 7(1): For the purposes of this Act, the expression "supply" includes—
Section 7(1)(a):
All forms of supply of goods or services or both such as:

• Sale (transfer of property in goods from one person to another person for consideration)
• Transfer (where the ownership may not be transferred but the right in the goods is
transferred)
• Barter (the exchange of goods & services for other goods & services, without the use of
money)
• Exchange (It is kind of Barter but money is also involved)
CA Ramesh Soni 2.3
Supply
• Licence (When one person give right to other person to use IPR, software licenses, etc)
• Rental (Periodical payment for use of another’s property for a short term generally upto 12
months)
• Lease (A lease is an agreement whereby the lessor conveys to the lessee, the right to use an
asset for an agreed period of time, generally > 12 months)
• Disposal (Disposal is a term generally used for selling of old scrap/items unfit for sale)
❖ made or agreed to be made
❖ for a consideration by a person
❖ In the course or furtherance of business
Author’s comment:
The important things for a transaction to fall in the definition of supply are:
1. A form of supply – Example: Sale, transfer, barter, exchange, etc.
2. Made or agreed to be made
3. For a Consideration
4. In the Course or furtherance of business.
Consideration [Section 2(31)]
Consideration in relation to the supply of goods or services or both includes:

(a) any payment made or to be made, whether in money or otherwise,
• in respect of, in response to, or for the inducement of,
❖ the supply of goods or services or both,
❖ whether by the recipient or by any other person
❖ but shall not include any subsidy given by the Central Government or a State Government,
(b)the monetary value of any act or forbearance (not to do something),
• in respect of, in response to, or for the inducement of,
❖ the supply of goods or services or both,
❖ whether by the recipient or by any other person
❖ but shall not include any subsidy given by the Central Government or a State Government.
Proviso: a deposit given in respect of the supply of g/s/b shall not be considered as payment made
for such supply unless the supplier applies such deposit as consideration for the said supply.
Points to be noted in the definition of consideration:
• Payment made for supply - in respect of, in response to or for inducement of
• Payment may be by recipient or any other person (NGO/company doing CSR)
• Somethings which are never consideration: subsidy received from government, security deposits.
• It can be monetary or non-monetary (in kind)
• Forbearance is also consideration.
Examples:
1. A cricket player is offered an Audi as an inducement for him in turn joining the club. Here the car
is the consideration for inducing the player to join the club and play for the club.
2. A restaurant offers free meal to a bus driver as an inducement to bring potential clients to his
restaurant. Here the consideration is free meal for the service of getting clients to the restaurant
owner (basically marketing).
Recipient [Section 2(93)]
Recipient of supply of goods and/or services means-

• where a consideration is payable for the supply of g/s/b, the person who is liable to pay
that consideration,
CA Ramesh Soni 2.4

Supply
• where no consideration is payable for the supply of goods, the person to whom the goods
are delivered or made available, or to whom possession or use of the goods is given or made
available, and
• where no consideration is payable for the supply of a service, the person to whom the
service is rendered,
• and any reference to a person to whom a supply is made shall be construed as a reference
to the recipient of the supply and
• shall include an agent acting as such on behalf of the recipient in relation to the g/s/b supplied.
Crux:
Who is a Recipient ?
1. A person to whom supply is made – always means recipient
2. If consideration payable – person liable to pay
3. No consideration payable – person to whom goods delivered/made available/service rendered
4. Agent acting on behalf of recipient – also recipient of supply.
Business [Section 2(17)]
Business includes –
As stated in GST act Author’s comment
(a) any trade, commerce, manufacture, Trade: Action of buying and selling goods/services
profession, vocation, adventure, wager Commerce: Buying & selling activity on a large
or any other similar activity, whether or scale.
not it is for a pecuniary benefit. Profession: Profession refers to a career with
training and qualification.
Example: CA, doctor.
Vocation: Job that requires set of skills acquired
through training.
Example: Plumbing, electrician, mechanic, etc.
(skill based).
It can also be an innate ability.
Example: a poet (talent).
Wager: Formal term for bet. Example: Betting,
gambling, lottery.
Pecuniary benefit: monetary benefit
(b) any activity or transaction in In relation to/Incidental activities
connection with or incidental or Example: Disposal of garbage, sale of scrap, sale
ancillary to (a) above; of old machineries, sale of old newspaper, sale of
repossessed items by banks/financial institutions,
buying a truck to deliver goods to customer, etc.
(c) any activity or transaction in the nature Volume, frequency, continuity or regularity are
of (a) above, whether or not there is irrelevant.
volume, frequency, continuity or
regularity of such transaction;
(d) supply or acquisition of goods including Acquisition of goods/CG for commencement of
capital assets and services in business is also business activity, or sale of
connection with commencement or goods/CGs on closure also considered as business.
closure of business;
(e) provision by a club, association, society, When Club receives, membership fees, any other
or any such body (for a subscription or consideration from members, even such
any other consideration) of the facilities transactions shall be considered as business.
or benefits to its members, as the case Link: Entry 77 of Exemption notification no.
may be; 12/2017
CA Ramesh Soni 2.5

Supply
As stated in GST act Author’s comment
(f) admission, for a consideration, of Entry fees for entry into business premises also
persons to any premises; and considered as business
Link: Entry 79, 79A, 81 of Exemption
notification no. 12/2017
(g) services supplied by a person as the A Practicing CS accepting the post of a director in a
holder of an office which has been company, due to his expert knowledge is for the
accepted by him in the course or furtherance of his trade or professions and hence a
furtherance of his trade, profession or business activity.
vocation;
(h) activities of a race club including by Supply of license to operate a race club, betting or
way of totalisator or a license to book activities by way of totalizator.
maker or activities of a licensed book
maker in such club; and
(i) any activity or transaction undertaken Government activities are also considered as
by the CG/SG/any LA in which they are business; however, they are not supply.
engaged as public authorities. Refer: section 7(2) of supply definition.
GST is essentially a tax only on commercial transactions. Hence, only those supplies that are in the
course or furtherance of business qualify as supply under GST.
Resultantly, any supplies made by an individual in his personal capacity do not come under the ambit
of GST unless they fall within the definition of ‘business’.
Examples:
1. Ram buys a car for his personal use and after a year sells it to a car dealer. Sale of car by Ram to
car dealer is not a supply under CGST Act because said supply is not made by Ram in the course
or furtherance of business
2. Reena sold her old gold bangles and earrings to ‘Aabhushan Jewellers’. Sale of old gold jewellery
by an individual to a jeweler will not constitute supply as the same cannot be said to be in the
course or furtherance of business of the individual
The view taken in above two examples is based on the view taken in the Departmental
FAQs/press release/flyer.
However, as already seen, business includes trade, commerce, or any other similar activity, whether
or not there is frequency, volume, continuity or regularity of such transaction. In view of this, it is also
possible to take a view in the above examples that sale of car by Ram and sale of old gold jewellery
by Reena have been made in the course or furtherance of business and thus will constitute a supply.
Since business includes vocation, therefore sale of goods or service as a vocation is also a supply.
Art works sent by artists to galleries for exhibition is not a supply as no consideration flows
from the gallery to the artists.
Issue: Artists give their work of art to galleries where it is exhibited. However, no consideration flows
from the gallery to the artist when the art works are sent to the gallery for exhibition, is it supply?
Clarification: The same is not a supply. It is only when a buyer selects a particular art work displayed
at the gallery, that the actual supply takes place & applicable GST would be payable at the time.
CA Ramesh Soni 2.6

Supply
Section 7(1)(b):
Importation of services,
• For a consideration
• Whether or not in the course or furtherance of business and
Import of service (Section 2(11) of IGST Act, 2017)

Importation of services means the supply of any service, where-
(i) The supplier of service is located outside India;
(ii) The recipient of service is located in India; and
(iii) The place of supply of service is in India.
Points to be observed while applying this provision
• It should be importation of services, not goods (for goods GST is levied & collected under
customs)
• Import for a consideration
• Import may or may not be for in the course or furtherance of business
Exemption under IGST (Extract)

Services received from a provider of service located in a non- taxable territory by –
(a) the CG, SG, UT, a LA, a governmental authority or an individual in relation to any purpose other
than commerce, industry or any other business or profession;
(b) an entity registered under section 12AA of the Income-tax Act, 1961 for the purposes of providing
charitable activities; or
However, the exemption shall not apply to –
(i) online information and database access or retrieval services (OIDAR) received by persons
specified in entry (a) or entry (b);
Online Information Database Access and Retrieval Services (OIDAR Services)

OIDAR services provided to NTOR: Not exempt & hence Forward charge mechanism shall apply.
OIDAR shall be required to take registration and remit the GST under FCM.
Non - Taxable Online Recipient (NTOR):

- Any govt, LA, governmental authority, An Individual or any other person not registered and
- receiving OIDAR services in relation to any purpose other than commerce, industry or any other
business or profession,
- located in taxable territory.
Examples:
1. Ramesh & Co. received legal services from Lakshman in Malaysia for $ 1000
Answer: Transaction covered under 7(1)(b), it is supply and GST leviable. Business entity to pay
GST under RCM.
2. Ramesh wanted to construct his house and has taken interior designer service for his
residential house from China for Yen 10000.
Answer: Transaction covered under 7(1)(b), it is supply. However, GST is exempt on such
transactions (refer exemptions under IGST).
3. Ramesh wants to study abroad and receives some admission consultancy services from
London based consultants for 1000 pounds
Answer: Transaction covered under 7(1)(b), it is supply. However, GST is exempt on such
transactions (refer exemptions under IGST).
CA Ramesh Soni 2.7

Supply
4. Ram in India imported free services from Google and Facebook, without any
consideration. Is it supply subject to GST?
Answer: These are not considered as supply and hence not attract GST. GST will be levied only
when services are provided with consideration.
5. Ram an Individual took Netflix subscription for personal purpose. Is it supply and
subject to GST?
Answer: Yes, this is considered as supply and will attract GST, however OIDAR shall be liable to
register in India and pay the GST under FCM.
Section 7(1)(c): Deemed supply (Supply without consideration)
The activities specified in Schedule I

• made or agreed to be made
• without a consideration.
Activities specified in Schedule I

As per Schedule I, in the following four cases, supplies made without consideration will be treated as
supply under section 7 of the CGST Act:
1. Permanent transfer or disposal of business assets where input tax credit has been availed
on such assets.
2. Supply of goods or services or both between related persons or between distinct persons
as specified in section 25, when made in the course or furtherance of business:
Provided that gifts not exceeding fifty thousand rupees in value in a financial year by an employer
to an employee shall not be treated as supply of goods or services or both.
3. Supply of goods—
(a) by a principal to his agent where the agent undertakes to supply such goods on behalf of
the principal; or
(b) by an agent to his principal where the agent undertakes to receive such goods on behalf of
the principal.
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.
Let us now analyse each of them one by one:
1. Permanent Transfer/Disposal of Business Assets (PTDOBA) where ITC has been availed
on such assets:
Author: Business asset means goods held for sale or used for the purpose of business
Conditions to be satisfied to qualify as supply

1. There must be disposal or transfer of business assets
2. Transfer must be on permanent basis.
3. Input tax credit has been availed on such assets.
Hence Permanent transfer or disposal will not cover the following assets
1. Business assets on which ITC is blocked under GST.
2. Business assets though eligible for ITC, ITC has not been availed by the registered person.
Examples:
1. Ram a trader in clothes permanently transfers stock of Rs 1 lakh to a trust free of cost.
2. A coaching institute donated its projector to charity (ITC was taken on the projector).
3. Ramesh has an electronic shop, transfer a TV to his home (ITC was taken on the TV).
CA Ramesh Soni 2.8

Supply
Let us understand some examples:
Taxable Inward ITC Outward Relevant section Consequence
person
Trader of Mobile Availed Sale of 7(1)(a) – Supply GST Payable on
mobile mobile transaction value –
Section 15
Trader of Mobile Availed Gifted 7(1)(c) – Para a - GST payable – value
mobile mobile Supply PTOBA as per valuation rules
Trader of Capital Availed Sold after 7(1)(a) – Supply GST payable.
mobile goods 1 year
(Machine)
Trader of Capital Blocked Sold after 7(1)(a) – Supply GST payable on
mobile goods hence not 2 years Margin i.e., profit
(Car) availed (refer discussion
below)
Trader of Capital Blocked Gifted Not supply since not GST not payable
mobile goods hence not covered under any
(Car) availed section
Manufacturer Raw Availed sold shoes 7(1)(a) – Supply GST Payable on
of shoes material transaction value.
(leather)
Manufacturer Raw Availed Gifted Not supply, but ITC ITC not allowed
of shoes material shoes proportionately to be
(leather) calculated and
Disallowed – Section
17(5)
Margin scheme made applicable in case of sale of Motor Vehicles [NNo. 8/2018- CT (R)]
• Margin scheme made applicable to all taxpayers on the sale of motor vehicle held as capital asset.
• where depreciation has been claimed by the taxpayer: GST has to be paid on the excess of
selling price over the written down value as per the Income Tax Act, 1961.
• Where no depreciation has been claimed: GST shall be paid on the difference in the selling
price and the purchase price.
Note: The relaxation is only in case of sale of old & used motor vehicles.
2. Supply of goods, services or both between related person/distinct persons as specified

in section 25, when made in the course or furtherance of business:
Proviso: Gifts not exceeding Rs 50,000 in value in a FY by an employer to an employee shall not be
treated as supply of goods or services or both.
Related persons [Explanation to Section 15]:

For the purposes of this Act, -
(a) Persons shall be deemed to be "related persons" if -
(i) Such persons are officers or directors of one another's businesses;
(ii) Such persons are legally recognised partners in business;
(iii) Such persons are employer and employee;
(iv) Any third person directly/indirectly owns/controls/holds at least 25% of voting stock/
shares of both of them;
(v) One of them directly or indirectly controls the other; (holding-Subsidiary)
(vi) Both of them are directly or indirectly controlled by a third person; (subsidiaries of 1
holding co.)
CA Ramesh Soni 2.9
Supply
(vii) Together they directly or indirectly control a third person; or
(viii) They are members of the same family;
(b) The term "person" also includes legal persons;
(c) Persons who are associated in the business of one another in that one is the sole agent or sole
distributor or sole concessionaire (trading rights), howsoever described, of the other, shall be
deemed to be related.
Section 2(49): Family means, –

(i) the spouse and children of the person, and
(ii) the parents, grand-parents, brothers and sisters of the person if they are wholly or mainly
dependent on the said person.
• Sole agent means only one agent. If the person has more than one agent, they will not be
considered related.
• Parents, Grandparents, brother and sister are related only if dependent.
Examples on Gift
Gift to Whether supply or not?
1. Employee Rs 45000 No, it is not supply since within limit of Rs 50000
2. Employee Rs 55000 Yes, it is supply since it crosses the limit of Rs 50000, accordingly Value
of supply Rs 55000 and GST applicable on Rs 55000
3. All Other (RPs) Rs Yes, it is supply, no monetary limit applicable.
5000
Whether the following are related person?

SN Particulars Yes or no with reason
1 M/s Ram & Co., holds 40,000 shares in A Ltd. and 25,000 shares Yes, Since M/s Ram & Co.
in B Ltd. directly owns /holds at
Share Capital of M/s A Ltd: 1,00,000 Equity Shares of Rs 10 each. least 25% of voting
Share Capital of M/s B Ltd: 80,000 Equity Shares of Rs 10 each. stock/shares of both.
2 Q Ltd. has a deciding role in corporate policy, operations Yes, since Q ltd directly
management and quality control of R Ltd. Hence having effective controls R ltd.
control over Q ltd
Distinct persons (as specified in section 25)

Separate registration makes distinct person:
A person who has obtained or is required to obtain more than one registration, whether in one state/UT
or more than one state/UT shall, in respect of each such registration, be treated as distinct person for
the purpose of this act.
Examples:
1. Ram has an electronics shop registered in Bangalore (Karnataka) and another electronic shop in
Mangalore (Karnataka) and he has obtained separate registration for both the shops. Ram shall
be treated as distinct person in respect of both registrations.
2. Ram, a Chartered Accountant, has a registered head office in Karnataka. He has also obtained
registration in Delhi in respect of his newly opened branch office. Ram shall be treated as distinct
persons in respect of registrations in Karnataka and Delhi.
3. Stock transfer: Ram Fabrics transfers 100 shirts from his factory located in Karnataka to his retail
showroom in Tamil Nadu. The factory and retail showroom of Ram Fabrics are registered in the
States where they are located. Although no consideration is charged, supply of goods from factory
to retail showroom constitutes supply, since both are distinct person.
CA Ramesh Soni 2.10
Supply
Establishment in another state is a separate person:
Where a person has obtained or is required to obtain registration in a state or union territory in respect
of an establishment, has an establishment in another state or union territory, then such
establishments shall be treated as establishments of distinct persons for the purpose of this act.
Example: Ram has electronics shop registered in Bangalore (Karnataka) and a liquor shop in Tamil
Nadu. Since supply of alcoholic liquor for human consumption is a non-taxable supply i.e., exempt
supply, Ram is not required to obtain registration in the state of Tamil Nadu.
In such a situation the electronic shop and liquor shop shall be treated as establishment of distinct
person.
Summary (Distinct person):

1. Different premises in same state: DP provided separate registration
2. Different premises in different states: DP.
Clarification on Interstate movement of various modes of conveyance, carrying goods or

passengers or for repairs & maintenance between distinct persons
Issue: Whether inter-state movement of various modes of conveyance, carrying goods or

passengers or for repairs and maintenance, between distinct persons as specified in section
25(4) of the CGST act, 2017, [except for further supply of the same conveyance is leviable
to IGST]?
Clarification: The issue of inter-state movement of goods like movement of various modes of
conveyance, between distinct persons as specified in section 25(4) of the CGST Act, not involving
further supply of such conveyance, including Trains, Buses, Trucks, Tankers, Trailers, Vessels,
Containers, Aircrafts,
(a) carrying goods or passengers or both; or
(b) for repairs and maintenance, [except in cases where such movement is for further supply of the
same conveyance] was discussed in GST Council’s meeting held on 11th June, 2017 and the
Council recommended that such inter-state movement shall be treated ‘neither as a supply
of goods or supply of service’ and therefore not be leviable to IGST.
However, applicable CGST/SGST/IGST, as the case may be, shall be leviable on any repairs and
maintenance done for such conveyance.
Crux:
1. Inter-state movement of conveyances carrying goods/passengers or both in
conveyance: shall be treated 'neither as a supply of goods nor as a supply of service' and
therefore not be leviable to IGST.
2. On Repairs and maintenance or work done: applicable CGST/SGST/IGST, as the case may be,
shall be leviable
3. If movement is for further supply of conveyance: Treated as supply and IGST leviable.
Clarification on Interstate movement of rigs, tools & spares and all goods on wheels (like
cranes) Circular No. 21/21/2017-GST dated 22.11.2017
Issue: Whether the inter-state movement of various modes of conveyance, between distinct
persons as specified in section 25(4) of the CGST Act, 2017, carrying goods or passengers
or both; or for repairs and maintenance, [except in cases where such movement is for
further supply of the same conveyance] is leviable to GST?
Clarification: The issue pertaining to inter-state movement of rigs, tools and spares, and all goods
on wheels [like cranes] was discussed in GST Council’s meeting held on 10th November, 2017 and
the Council recommended that the circular 1/1/2017-IGST shall mutatis mutandis apply to inter-state
CA Ramesh Soni 2.11
Supply
movement of such goods, and except in cases where movement of such goods is for further supply of
the same goods, such inter-state movement shall be treated ‘neither as a supply of goods or supply
of service,’ and consequently no IGST would be applicable on such movements.
In this context, it is also reiterated that applicable CGST/SGST/IGST, as the case maybe, is leviable
on repairs and maintenance done for such goods.
Crux (same as the above circular):

1. Inter-state movement rigs, tools & spares and all goods on wheels shall be treated 'neither
as a supply of goods nor as a supply of service' & therefore not be leviable to IGST.
2. On Repairs and maintenance or work done: applicable CGST/SGST/IGST, shall be leviable
3. If movement is for further supply of conveyance: Treated as supply and IGST leviable.
3. Principal to Agent supply or vice-versa
Supply of goods
a. by a principal to his agent, where the agent undertakes to supply such goods on behalf of the
principal is considered as supply.
b. by an agent to his principal, where the agent undertakes to receive such goods on behalf of the
principal is considered as supply.
Section 2(88): Principal means a person on whose behalf an agent carries on the business of
supply or receipt of goods or services or both
Section 2(5): Agent means

• a person, including a factor, broker, commission agent, arhatia, del credere agent, an auctioneer
or any other mercantile agent, by whatever name called,
• who carries on the business of supply or receipt of goods or services or both on behalf of another.
Author’s comment: Points to be noted:

1. Only supply of goods is covered and not supply of services.
2. It covers only transactions without consideration.
3. Supply of services between principal and agent will be covered only if for a consideration.
Circular explaining scope of Principal-agent relationship in the context of Schedule I of the

CGST Act (Circular No. 57/31/2018-GST dated 04.09.18)
Issue: How to determine whether the agent is wearing the representative hat and is
supplying or receiving goods on behalf of the principal i.e., the agent is an agent in terms
of Schedule I?
Clarification: The key ingredient for determining relationship under GST would be whether the
invoice for the further supply of goods on behalf of the principal is being issued by the agent or not.
• Where the invoice for further supply is being issued by the agent in his name then, any
provision of goods from the principal to the agent would fall within the fold of the said entry.
• Where the invoice is issued by the agent to the customer in the name of the principal,
such agent shall not fall within the ambit of Schedule I of the CGST Act.
Similarly, where the goods being procured by the agent on behalf of the principal are invoiced in the
name of the agent then further provision of the said goods by the agent to the principal would be
covered by the said entry.
In other words, the crucial point is whether or not the agent has the authority to pass or receive the
title of the goods on behalf of the principal.
CA Ramesh Soni 2.12

Supply
Crux:
• Where the invoice for further supply is being issued by the agent in his name then, any
provision of goods from the principal to the agent would fall within the fold of the said entry.
• Where the invoice is issued by the agent to the customer in the name of the principal,
such agent shall not fall within the ambit of Schedule I of the CGST Act.
Let us discuss some scenarios:
1. Mr. A appoints Mr. B to procure certain goods from the market. Mr. B identifies various
suppliers who can provide the goods as desired by Mr. A, and asks the supplier (Mr. C)
to send the goods and issue the invoice directly to Mr. A.
In this scenario, Mr. B is only acting as the procurement agent, and has in no way involved
himself in the supply or receipt of the goods. Hence, in accordance with the provisions of this Act,
Mr. B is not an agent of Mr. A for supply of goods in terms of Schedule I.
2. M/s XYZ, a banking company, appoints Mr. B (auctioneer) to auction certain goods. The
auctioneer arranges for the auction and identifies the potential bidders. The highest bid
is accepted and the goods are sold to the highest bidder by M/s XYZ. The invoice for the
supply of the goods is issued by M/s XYZ to the successful bidder.
In this scenario, the auctioneer is merely providing the auctioneering services with no role
played in the supply of the goods. Even in this scenario, Mr. B is not an agent of M/s XYZ for the
supply of goods in terms of Schedule I.
3. Mr. A, an artist, appoints M/s B (auctioneer) to auction his painting. M/s B arranges for
the auction and identifies the potential bidders. The highest bid is accepted and the
painting is sold to the highest bidder. The invoice for the supply of the painting is issued
by M/s B on the behalf of Mr. A but in his own name and the painting is delivered to the
successful bidder.
In this scenario, M/s B is not merely providing auctioneering services, but is also supplying the
painting on behalf of Mr. A to the bidder, and has the authority to transfer the title of the painting
on behalf of Mr. A. This scenario is covered under Schedule I.
A similar situation can exist in case of supply of goods as well where the C&F agent or
commission agent takes possession of the goods from the principal and issues the invoice in his
own name. In such cases, the C&F/commission agent is an agent of the principal for the supply
of goods in terms of Schedule I. The disclosure or non-disclosure of the name of the principal is
immaterial in such situations.
In scenario 1 and scenario 2, Mr. B shall not be liable to obtain registration in terms of section
24(vii) of the CGST Act. He, however, would be liable for registration if his aggregate turnover of
supply of taxable services exceeds the threshold specified in section 22(1) of the CGST Act.
In scenario 3, M/s B shall be liable for compulsory registration u/s 24(vii) of the CGST Act.
4. Import of services by a person from a related person or from his establishments located
outside India, without consideration, in the course or furtherance of business
Examples:
1. Ram Ltd. of Mumbai imports business support services from its head office located in USA. The
head office has rendered such services free of cost to its branch office. Services received by Ram
Ltd. will qualify as supply even though the head office has not charged anything from it.
CA Ramesh Soni 2.13
Supply
2. Ram, a proprietor registered in Karnataka, has sought architect services from his son located in
London, with respect to their new home constructed house in Karnataka. Although services have
been received by Ram is without any consideration from his son - a related person, still it will not
qualify as supply since the same has not been received in course or furtherance of business.
MCQ on Import of Services
In which of the following cases, import of services by an individual is taxable under GST?
1) Import of service with consideration in course or furtherance of business.
2) Import of service with consideration not in course or furtherance of business.
3) Import of service without consideration from a related person in course or furtherance
of business.
4) Import of service without consideration from a related person not in course or
furtherance of business.
(a) (1) and (3)
(b) (2) and (4)
(c) (1), (2) and (3)
(d) (4)
Answer: (a)
Section 7(1A): Activities or transactions to be treated as supply of goods/supply of services
Where certain activities or transactions constitute a supply in accordance with the provisions of sub-
section (1), they shall be treated either as supply of goods/services as referred to in Schedule II;
Schedule II is as follows:
1. Transfer
(a) any transfer of the title in goods is a supply of goods;
(b) any transfer of right in goods/of undivided share in goods without the transfer of title
thereof, is a supply of services;
(c) any 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, is a supply of
goods.
Right in goods/Undivided share in goods

Ram and Shyam are co-owner of a JCB machine. Which they give on rent. Shyam sells his share
in goods to another person Lakshman. This is also known as transfer of undivided share in goods.
In this scenario only, the undivided share is transferred to Lakshman and not the title in goods
and hence it is supply of service. However, if both Ram and Shyam transfer the share to Lakshman,
it will involve transfer of title also and hence will be termed as Supply of goods.
Example:
(a) Audi sold a car to Ram for Rs 50 lakhs – Supply of goods
(b) Ram supplied a machine to Shyam on hire purchase basis (i.e., possession given immediately
but title to be transferred on payment of last instalment) – Supply of goods
2. Land and Building

(a) any lease, tenancy, easement, licence to occupy land – Supply of Services
(b) any lease or letting out of the building including a commercial, industrial or residential complex
for business or commerce, either wholly or partly- Supply of Services
CA Ramesh Soni 2.14

Supply
Circular on Issue related to taxability of ‘tenancy rights’ under GST, Circular no.
44/18/2018-CGST dated 02.05.2018
Issue:
1. Whether Transfer of tenancy rights to a new tenant against consideration would
attract GST although stamp duty & registration charges have been levied on such
transfer?
2. Whether services provided by outgoing tenant by way of surrendering the tenancy
rights against consideration in the form of a portion of tenancy premium would be
liable to GST?
About Pagadi system [Tenancy rights against tenancy premium (pagadi)]

The transfer of tenancy rights against tenancy premium which is also known as “pagadi system”.
In this system the tenant acquires, tenancy rights in the property against payment of tenancy
premium. The landlord may be owner of the property but the possession of the same lies with the
tenant. The tenant pays periodic rent to the landlord as long as he occupies the property. The
tenant also usually has the option to sell the tenancy right of the said property and in such a case
has to share a percentage of the proceed with owner of land, as laid down in their tenancy
agreement. Alternatively, the landlord pays to tenant the prevailing tenancy premium to get the
property vacated.
Clarification:
• The scope of supply includes all forms of supply of goods and services or both such as sale,
transfer, barter, exchange, licence, rental, lease or disposal made or agreed to be made for a
consideration by a person in the course or furtherance of business.
• The activity of transfer of tenancy right against consideration in the form of tenancy premium
is a supply under section 7(1)(a).
• It is a form of lease or renting of property and such activity is specifically declared to be a
supply of service in para 2 of Schedule II.
• Merely because a transaction or a supply involves execution of documents which may require
registration and payment of registration fee and stamp duty, would not preclude them from
the scope of supply of goods and services and from payment of GST.
• The transfer of tenancy rights cannot be treated as sale of land or building declared as neither
a supply of goods nor of services in para 5 of Schedule III to CGST Act, 2017. Thus, a
consideration for the said activity shall attract levy of GST.
Crux:
• The activity of transfer of ‘tenancy rights’ is covered under the scope of supply and taxable.
• Transfer of tenancy rights to a new tenant against consideration in the form of tenancy
premium is taxable.
• However, grant of tenancy rights in a residential dwelling for use as residence dwelling against
tenancy premium or periodic rent or both is exempt.
• As regards services provided by outgoing tenant by way of surrendering the tenancy rights
against consideration in the form of a portion of tenancy premium is liable to GST.
3. Treatment or Process
Any treatment or process which is applied to another person's goods is a supply of services.
Example: Varnishing chairs and tables, Heat treatment on glass, printing logo on tees, etc.
CA Ramesh Soni 2.15

Supply
Circular No. 34/8/2018-GST dated 01.03.18
Whether rethreading of tyres is a supply of goods or services?

Activity Supply of Goods or Service
Supplier buys old tyres, does the re-treading Supply of re-treaded tyres, where the old tyres
and supplies re-treaded tyres. belong to the supplier of re-treaded tyres, is a
supply of goods.
Supplier only does re-threading on old tyres for Pre-dominant element is process of re-treading
customers, using rubber and other material. which is a supply of service. Rubber used for
re-treading is an ancillary supply.
Whether activity of bus body building, is a supply of goods or services?

If the Bus body building entity build a bus by Supply of goods
working on the chassis that is owned by him &
supplies bus.
Only building the body of the bus on the chassis Fabrication of body on chassis is the principal
provided by a customer and charging supply, and it is a supply of service.
fabrication charges (material also used during
fabrication)
4. Transfer of Business Assets

(a) 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, such transfer or disposal is a supply of goods by the person;
Author’s comment:
• Permanent transfer of business asset with consideration – supply of goods
• Permanent transfer of business asset without consideration (ITC availed) – supply of
goods.
• Permanent transfer of business asset without consideration (ITC not availed) – Not supply,
no GST.
Examples:
1. Ram sold his office laptop for Rs 50000 – Supply of goods
2. Ram a wholesaler of medicines distributed medicines free of cost – supply of goods
3. Ram purchased a car for business and sold it for 5 lakhs after a year – supply of goods
(b)where, by or under the direction of a person carrying on a business, 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,
CA Ramesh Soni 2.16

Supply
- the usage or making available of such goods is a supply of services;
Author’s comment: Temporary transfer or use of business assets for non-business purpose:
supply of services
Example: M/s Ram Ltd. provided car to one of its directors for his personal purposes and
charged Rs 30,000 per month. It is supply of service and the same is taxable under GST.
(c) where any person ceases to be a taxable person,

- any goods forming part of the assets of any business carried on by him
- 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) Business is transferred as a going concern to another person; or
(ii) Business is carried on by a personal representative who is deemed to be a taxable person.
Examples:
1. Ram-Shyam & Co a partnership firm decided to dissolve the partnership firm. Goods left in
stock taken over by the partners. Taking over of goods by partners will be considered as a
supply of goods. Since, business is not continued further by the partners.
2. Ram is in the business of running a restaurant. It intends to sell its business as a going
concern to Shyam. It would not be required to pay GST on such sale of its business.
Crux: The words “whether or not for a consideration” in schedule II para 4, were creating
ambiguity and hence omitted vide finance act 2020 with retrospective effect from 01.07.17.
5. Supply of Services
(a) Renting of immovable property
Note: Land and building has already been covered under para 2, hence we can say the
intention of law under this para is to cover all other immovable property like telecommunication
towers, furniture which is attached in a building, etc.
(b)Construction of complex, building, civil structure, etc.

Except where the entire consideration has been received after issuance of completion
certificate, where required, by the competent authority or after its first occupation, whichever
is earlier.
Explanation - for the purposes of this clause—
(1) the expression "competent authority" means the Government/any authority authorised
to issue completion certificate under any law for the time being in force and in case of non-
requirement of such certificate from such authority, from any of the following, namely: -
(i) an architect registered with the Council of Architecture constituted under the
Architects Act, 1972; or
(ii) a chartered engineer registered with the Institution of Engineers (India); or
(iii) a licensed surveyor of the respective local body of the city or town or village or
development or planning authority;
(2) the expression "construction" includes additions, alterations, replacements or remodelling
of any existing civil structure;
Author’s comment: Construction contract involving labour only is supply of service, however
if it involves material and labour both, it shall be classified as works contact under para 6(a).
Valuation: Value of Land shall be considered as 1/3rd of the total consideration and remaining
value will be subject to GST. (refer value of supply chapter).
CA Ramesh Soni 2.17

Supply
(c) Temporary transfer or permitting use or enjoyment of any intellectual property right
Author’s comments: IPR means patents, trademarks, copy rights, etc.
(d)Development, design, programming, customisation, adaptation, upgradation,

enhancement, implementation of IT software
(e) Agreeing to obligation

• to refrain from an act, or
• to tolerate an act or situation, or
• to do an act
1. Refrain: stop oneself from doing something.
2. Tolerate: allow the existence, occurrence, or practice of (something that one dislikes or
disagrees with) without interference.
Examples:
Refrain: Non-compete agreements, Non-disclosure agreements
Tolerate: late fees, cancellation charges, bank charges, etc.
(f) Transfer of the right to use any goods for any purpose (whether or not for a specified
period) for cash, deferred payment or other valuable consideration.
6. Composite supplies - Supply of Services

The following composite supplies shall be treated as a supply of services, namely: —
(a) works contract as defined in section 2(119); and
(b) 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 for
human consumption), where such supply or service is for cash, deferred payment or other
valuable consideration.
Section 2(119): Works contract services

Works contract means a contract for building, construction, fabrication, completion, erection,
installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or
commissioning
• of any immovable property
• wherein transfer of property in goods (whether as goods or in some other form) is involved in
the execution of such contract.
7. Supply of Goods by an unincorporated associated

The following shall be treated as supply of goods, namely: —
Supply of goods by an unincorporated association or body of persons to a member thereof
for cash, deferred payment or other valuable consideration.
Example: A club has opened up a shop. The members can purchase various goods from such
shops. It is a supply of goods.
CA Ramesh Soni 2.18

Supply
Clarification on Joint Venture - taxable services provided by the members of the Joint
Venture (JV) to the JV and vice versa and inter se between the members of the JV-reg
(circular no. 35/9/2018-GST dated 05.03.18)
Supply of services by an unincorporated association or body of persons (AOP) to a member thereof

for cash, deferred payment or other valuable consideration shall be treated as supply of services.
JV being an unincorporated temporary association constituted for the limited purpose of carrying out
a specified project within a time frame, a comprehensive examination of the various JV agreements
(at times, there could be number of inter se agreements between members of the JV) holds the key
to understanding of the taxation of transactions involving taxable services between the JV and its
members or inter-se between the members of a JV. Thus, whether a cash call is merely a transaction
in money and hence not in the nature of consideration for taxable service, would depend on the terms
of the Joint Venture Agreement, which may vary from case to case.
‘Cash calls’ are raised by an operating member of the joint venture on other members in proportion
to their participating interests in the joint venture (unincorporated) to meet the expenditure on the
operations to be carried out as per the approved work Programme and budget. Let us understand the
taxability of cash calls with the help of following examples:
Example: There are 4 members in the JV including the operating member and each one contributes
Rs 100 as part of their share. A total amount of Rs 400 is collected. The operating member purchases
machinery for Rs 400 for the JV to be used in oil production.
In above case, cash calls will not be subject to GST since the operating member is not carrying out
an activity for another for consideration. Here, the money paid for purchase of machinery is merely in
the nature of capital contribution and is therefore a transaction in money.
Example: There are 4 members in the JV including the operating member and each one contributes
Rs 100 as part of their share. A total amount of Rs 400 is collected. The operating member thereafter
uses its own machine and performs exploration and production activities on behalf of the JV.
In above case, the operating member uses its own machinery and is therefore providing ‘service’
within the scope of ‘supply’ because here operating member is recovering the cost appropriated
towards machinery & services from other JV members in their participating interest ratio
Section 7(2): Notwithstanding anything contained in sub-section (1),
(a) Activities or transactions specified in Schedule III or

(b)Such activities or transactions undertaken by the CG, SG, or any local authority in which
they are engaged as public authorities,
• as may be notified by the Government
• On the recommendations of the Council
shall be treated neither as a supply of goods nor a supply of services.
Notification No. 14/2017 CT (R) dated 28.06.2017
Services by way of any activity in relation to a function entrusted to a Panchayat under article 243G
of the Constitution or to a Municipality under article 243W of the Constitution.
Notification No. 25/2019-Central Tax (Rate): Dated 30.09.2019
Services by way of grant of alcoholic liquor licence, against consideration in the form of licence fee or
application fee or by whatever name it is called.
CA Ramesh Soni 2.19

Supply
Author’s comment: No GST shall be leviable on licence fee and application fee, by whatever name
it is called, payable for alcoholic liquor for human consumption.
Clarification: Circular No. 121/40/2019 GST dated 11.10.2019
Issue: Whether in case of all other licenses and privileges for a fee in other situations also
no GST is payable?
Clarification: Services provided by the Government to business entities including by way of grant of
privileges, licences, mining rights, natural resources such as spectrum etc. against payment of
consideration in the form of fee, royalty etc. are taxable under GST. Tax is required to be paid by
the business entities on such services under reverse charge.
Crux: Supply of service by way of grant of Alcoholic liquor license by the SG is out of scope of supply,
any other services by way of grant of mining right, natural resources against fees/royalty are taxable.
Schedule III: Activities/transactions shall be treated as neither supply of goods nor supply
of services
1. Services by an employee to the employer in the course of or in relation to his

employment
SN Examples GST applicability
1 Ram is an employee of RSS pro corp ltd Neither supply of goods nor supply of services
receiving salary and perquisites
2 Shyam is appointed as a whole-time Neither supply of goods nor supply of services
director with RSS pro corp ltd
3 Lakshman is a Part time director with RSS GST is applicable on his services since
pro corp ltd. Lakshman is not an Employee of RSS.
4 Amounts received by an employee Neither supply of goods nor supply of
from the employer on premature services, it is treatable as amounts paid in
termination of contract of employment relation to services provided by the employee
to the employer in the course of employment.
5 Service provided by casual worker to Services provided by the worker in the course
employer who gives wages on daily basis of employment. Neither supply of goods nor
to the worker supply of services
6 Casual workers employed by a Services provided by the worker in the course
construction contractor for execution of a of employment. Neither supply of goods nor
building contract for him supply of services.
7 Casual workers employed by a security Services provided by the worker in the course
services agency for provision of security of employment
services to a client
8 Any amount paid by employer to It is not services in the course of employment.
employee for not joining a competing Taxable.
business
9 Salary paid to partners by partnership No, it is not supply, its mere appropriation of
firm is liable to GST? profits.
2. Services by any court or Tribunal established under any law for the time being in force
Author’s comment: Tribunal means the one established under any law, an Arbitral tribunal is
a private tribunal constituted by parties for settlement of any dispute between themselves,
services of Arbitral tribunal are services and subject to GST.
CA Ramesh Soni 2.20

Supply
Court includes: District court, high court and Supreme Court.
Circular on levy of GST on amounts/fees charged by Consumer Disputes Redressal

Commission. [Circular no. 32/06/2018-GST dated 12.02.2018]
Issue: Whether GST is leviable on fees/penalty/any other amount charged by Consumer

Disputes Redressal Commissions (CDRCs)?
Clarification: CDRCs (National/ State/ District) may not be tribunals literally as they may not
have been set up directly under Article 323B of the Constitution. However, they are clothed with
the characteristics of a Tribunal. Consequently, fee paid by litigants while registering complaints
to said Commissions are not leviable to GST. Any penalty in cash imposed by or amount paid to
these Commissions will also not attract GST.
Crux: No GST on fees/penalty/any other amount charged by CDRCs.
3. Services by Government officials (name given by author).

(a) Functions performed by the
• Members of Parliament, Members of State Legislature,
• Members of Panchayats, Members of Municipalities and Members of other local
authorities;
(b)Duties performed by any person who holds any post in pursuance of the provisions
of the Constitution in that capacity; or
Example: President of India, Vice President of India, Prime Minister of India, Chief Justice of
India, Speaker of the Lok Sabha, Chief Election Commissioner, Comptroller and Auditor
General of India, Attorney General of India, in that capacity.
(c) Duties performed by

• any person as a Chairperson or a Member or a Director
• in a body established by the CG/SG/LA and who is not deemed as an employee before
the commencement of this clause.
Example: Chairman of Telecom regulatory authority of India (TRAI), Members and directors
of finance commission who are not employees.
4. Services of funeral, burial, crematorium or mortuary including transportation of the

deceased.
Just for Knowledge

• Funeral is a ceremony that takes place when someone dies,
• Burial: the action or practice of burying a dead body.
• Crematorium: a place where a dead person's body is cremated
• Mortuary: a room or building in which dead bodies are kept, for hygienic storage or for
examination, until burial or cremation.
5. Sale of land and, subject to clause (b) of para 5 of schedule II, sale of building
Particulars Supply of Goods or GST Liability
Service
Sale of Land Neither supply of goods No GST
nor service – Schedule III
CA Ramesh Soni 2.21

Supply
Particulars Supply of Goods or GST Liability
Service
Sale of building – Entire consideration Neither supply of goods NO GST
received after issuance of completion nor service – Schedule III
certificate or after first occupancy
Sale of building – where part or full Supply of service Liable to GST –
consideration received before issuance of (schedule II- Para 5(b)) Supply of service
completion certificate or after first occupancy
6. Actionable claims, other than lottery, betting and gambling.

Actionable claims are goods, supply of actionable claims is supply of goods, however GST shall be
leviable only lottery, betting and gambling.
7. Supply of goods from a place in the non-taxable territory (NTT) to another place in the
non-taxable territory without such goods entering into India. (Merchant trading/Out &
Out supplies)
Example: Ram purchased goods from China and sold it to Shyam in USA without bringing the
goods in India. This transaction is neither supply of goods nor supply of services.
8. High seas sale or Bond to bond transfer

(a) Supply of warehoused goods to any person before clearance for home consumption;
Example: Ram imported some goods in India but kept the goods in custom bonded warehouse
without clearing it for home consumption. In the meantime, Ram sold these goods to Shyam
while they were in warehouse. This transaction between Ram & Shyam is neither supply of
goods nor supply of services.
(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.
Examples: (ICAI study material)

1. Mr. X imported some goods in India but kept the goods in custom bonded warehouse without
clearing it for home consumption. In the meantime, Mr. X sold these goods to Mr. Y while
they were in warehouse. This transaction between Mr. X and Mr. Y is neither supply of goods
nor supply of services.
2. Mr. P of India imported some goods from Japan. While the goods were in high seas, Mr. P
sold the goods to Mr. Q in India by way of endorsement of documents of title of goods. This
transaction between Mr. P and Mr. Q is neither supply of goods nor supply of services.
Section 7(3): Power of Government to notify transaction as SOG and not SOS/vice versa
Subject to sub-sections (1), (1A) and (2)

• The Government may, on the recommendations of the Council, specify, by notification
• The transactions that are to be treated as —
(a) a supply of goods and not as a supply of services; or
(b) A supply of services and not as a supply of goods.
CA Ramesh Soni 2.22

Supply
Section 8 - Tax liability on Composite & Mixed Supply
Composite supply [Section 2(30)]
Composite supply means a supply made by a taxable person to a recipient and:

• comprises two or more taxable supplies of goods or services or both, or any combination
thereof.
• are naturally bundled and supplied in conjunction with each other, in the ordinary course
of business
• one of which is a principal supply.
Illustration: 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 a principal supply;
How to determine whether the services are bundled in the ordinary course of business?
• The perception of the consumer or the service recipient (expectation of consumer).

• Majority of service providers in a particular area of business provide similar bundle of services.
• The nature of the various services in a bundle of services will also help in determining whether the
services are bundled in the ordinary course of business. If the nature of services is such that one
of the services is the main service and the other services combined with such service are in the
nature of incidental or ancillary services which help in better enjoyment of a main service.
• Other illustrative indicators, not determinative but indicative of bundling of services in
the ordinary course of business are:
▪ The elements are normally advertised as a package.
▪ The different elements are not available separately.
▪ The different elements are integral to one overall supply. If one or more is removed, the
nature of the supply would be affected.
Principal supply means
Principal supply means

• the supply of goods/services which constitutes the predominant element of a composite supply
and
• to which any other supply forming part of that composite supply is ancillary;
Section 8(a): Composite supply
A composite supply comprising two or more supplies, one of which is a principal supply,
- shall be treated as a supply of such principal supply.
Mixed supply Section 2(74)
Mixed supply means

• two or more individual supplies of goods or services, or any combination thereof,
• made in conjunction with each other by a taxable person
• for a single price where such supply does not constitute a composite supply.
Illustration — A supply of a package consisting of canned foods, sweets, chocolates, cakes, dry fruits,
aerated drinks and fruit juices when supplied for a single price is a mixed supply. Each of these items
can be supplied separately and is not dependent on any other. It shall not be a mixed supply if these
items are supplied separately;
CA Ramesh Soni 2.23

Supply
Section 8(b): Mixed Supply
A mixed supply comprising of

• two or more supplies
• shall be treated as supply of that particular supply which attracts highest rate of tax.
Some Examples:
SN Supply Are they Is there a Composite Treated as
naturally principal or Mixed supply of?
bundled supply supply?
1 Air transport along with meal on board. Yes Yes CS Principal
The meal is included in the ticket. supply
2 Hotel-stay along with complimentary Yes Yes CS Principal
breakfast. supply
3 Gift package consisting of sweets, No No MS That supply
chocolates, candles, perfume, and attracting
crackers. highest
rate
4 Buying a new bike along with insurance Yes Yes CS Principal
and free maintenance service for a year. supply
5 Hotel facility along with free laundry Yes Yes CS Principal
service and airport pickup included in supply
the hotel package.
6 Cosmetic package with Hair oil, lotion, No No MS That supply
cream, comb, shampoo, and face wash. attracting
highest
rate
7 Buying a laptop along with laptop bag Yes Yes CS Principal
for Rs 40,000 supply
8 Buying a computer and a printer No No MS That supply
together for Rs 50,000 attracting
highest
rate
9 Booking a trip with make my trip for Rs Yes Yes CS Principal
20000, services provided travel, guide, supply
hotel and food.
10 Buying a TV with free installation and Yes Yes CS Principal
getting one-year free warranty supply
Circulars
Clarification on servicing of cars involving both supply of goods (spare parts) & services
(labour) [Circular no. 47/21/2018-GST dated 08.06.18]
Issue: Servicing of cars involving both supply of goods (spare parts) & services (labour),
where the value of goods and services are shown separately, to be treated under GST?
Clarification: The taxability of supply would have to be determined on a case-to-case basis looking
at the facts and circumstances of each case. Where a supply involves supply of both goods & services
& the value of such goods and services supplied are shown separately, the goods & services would be
liable to tax at the rates as applicable to such goods & services separately.
CA Ramesh Soni 2.24

Supply
Clarification on taxability of printing contracts [circular no. 11/11/17-GST dated 20.10.17]
Issue: whether supply of books, pamphlets, brochures, envelopes, annual reports, leaflets,
cartons, boxes etc., printed with design, logo, name, address or other contents supplied by
the recipient of such supplies, would constitute supply of goods or supply of services.
Clarification: Supply of books, pamphlets, brochures, envelopes, annual reports, leaflets, cartons,
boxes etc. printed with logo, design, name, address or other contents supplied by the recipient of such
printed goods, are composite supplies and the question, whether such supplies constitute supply
of goods or services would be determined on the basis of what constitutes the principal supply.

In the case of printing of books, pamphlets, Supply of printing [of the content supplied by
brochures, annual reports, and the like, where the recipient of supply] is the principal supply
only content is supplied by the publisher or the and therefore such supplies would constitute
person who owns the usage rights to the supply of service.
intangible inputs while the physical inputs including
paper used for printing belong to the printer,
In case of supply of printed envelopes, letter cards, Predominant supply is supply of goods and
printed boxes, tissues, napkins, wall paper etc. by the supply of printing of the content [supplied
the printer using its physical inputs including paper by the recipient of supply] is ancillary to the
to print the design, logo etc. (supplied by the principal supply of goods and therefore such
recipient of goods). supplies would constitute supply of goods
Clarification on various doubts related to treatment of sales promotion schemes under GST
[Circular No. 92/11/2019-GST dated 07.03.2019]
There are several promotional schemes which are offered by taxable persons to increase sales volume
and to attract new customers for their products.
Taxability of two such schemes has been clarified as under:
A. Free samples and gifts:
• It is a common practice among certain sections of trade & industry, such as, pharmaceutical
companies which often provide drug samples to their stockists, dealers, medical practitioners,
etc. without charging any consideration.
• The samples which are supplied free of cost (without any consideration) shall not be treated
as “supply” under GST (except in case of activities mentioned in Schedule I of the CGST Act).
• Further, section 17(5)(h) of the said Act provides that ITC shall not be available in respect of
goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples. Thus,
it is clarified that input tax credit shall not be available to the supplier on the inputs, input
services and capital goods to the extent they are used in relation to the gifts or free samples
distributed without any consideration.
• However, where the activity of distribution of gifts or free samples falls within the scope of
“supply‟ on account of the provisions contained in Schedule I of the said Act, the supplier would
be eligible to avail of the ITC. (to be discussed in detail in Input tax credit chapter)
Crux:
• Where activity of distribution of gifts/free samples does not falls within the scope of
supply: that ITC shall not be available.
• Where activity of distribution of gifts/free samples falls within the scope of supply
(schedule I): ITC would be available.
B. Buy one get one free offer: Example, “buy one soap and get one soap free”/ “Get one tooth
brush free along with the purchase of tooth paste”.
CA Ramesh Soni 2.25

Supply
As per section 7(1)(a), the goods/services which are supplied free of cost (without any
consideration) shall not be treated as “supply” under GST (except in case of activities mentioned
in Schedule I of the CGST Act).
• It may appear at first glance that in case of offers like “Buy One, Get One Free”, one item is
being “supplied free of cost” without any consideration.
• In fact, it is not an individual supply of free goods, but a case of two or more individual supplies
where a single price is being charged for the entire supply. It can at best be treated as supplying
two goods for the price of one.
• Taxability of such supply will be dependent upon as to whether the supply is a composite supply
or a mixed supply and the rate of tax shall be determined as per the provisions of section 8 of
the CGST Act.
• It is also clarified that ITC shall be available to the supplier for the inputs, input services and
capital goods used in relation to supply of goods or services or both as part of such offers.
(to be discussed in Input tax credit chapter)
Crux: Buy One, Get One Free is not an individual supply of free goods, but a case of two or more
individual supplies where a single price is being charged for the entire supply, it can either
composite or mixed supply.
ITC shall be available to the supplier for the inputs, input services and capital goods used in
relation to supply of goods or services or both as part of such offers.
Clarification on Taxability of Cost Petroleum [Circular No. 32/06/18-GST dated 12.02.18]
Production Sharing Contract

• When an oil exploration & production contractor gets a license/lease to explore/mine the petroleum
crude and/or natural gas from the Government, it enters into a Production Sharing Contract (PSC)
with the Government.
• The relationship of the contractors with the Government is not that of partners but that of
licensor/lessor and licensee/lessee.
• As per these PSCs, when a contractor discovers oil/gas, he is at first entitled to recover the contract
cost [expenses incurred in exploration, development, production and payment of royalty] involved
in the extraction of oil/gas from the total sale proceeds and thereafter, he is expected to share
with the Government the profit from his venture [known as profit petroleum], as per the PSC.
• The value of petroleum which the contractor is entitled to take in a year for recovery of
the contract costs is called the cost petroleum.
• Further, the total value of petroleum produced and saved from the contract area in a
particular period, as reduced by cost petroleum, is called the profit petroleum.
• The Government’s share of profit petroleum which is the consideration paid by the contractor to
the Central Government for the services of grant of license/lease to explore/mine petroleum crude
and/natural gas is exempt from GST (refer exemption below).
• The cost petroleum is not a consideration received by the contractor for the services provided to
Government and thus not taxable per se. The reason for the same is that the contractors carry
exploration and production of petroleum for themselves and not as a service to Government.
• They had acquired the right to explore, exploit and sell petroleum in lieu of royalty and a share in
profit petroleum.
Crux:
• Government grants license/lease to explore/mine the petroleum crude and/or natural gas in
consideration for profit petroleum, which is exempted from GST.
• The cost petroleum is not a consideration received by the contractor for the services provided to
Government and thus not taxable.
CA Ramesh Soni 2.26

Supply
Exemption: Central Government’s share of profit petroleum exempted
The CG has exempted the intra-State/inter-state supply of services by way of grant of license/lease
to explore/mine petroleum crude/natural gas/both, from so much of the central tax/integrated tax as
is leviable on the consideration paid to the CG in the form of CG’s share of profit petroleum as defined
in the contract entered into by the CG in this behalf.
Levy of GST on the service of display of name or placing of name plates of the donor in the
premises of charitable organisations receiving donation or gifts from individual donors
[Circular No. 116/35/2019 GST dated 11.10.2019]
Issue: whether GST is applicable on donations or gifts received from individual donors by
charitable organisations involved in advancement of religion, spirituality or yoga which is
acknowledged by them by placing name plates in the name of the individual donor.
About donations to Charitable organisation: Individual donors provide financial help or any other
support in the form of donation or gift to institutions such as religious institutions, charitable
organisations, schools, hospitals, orphanages, old age homes etc. The recipient institutions place a
name plate or similar such acknowledgement in their premises to express the gratitude. When the
name of the donor is displayed in recipient institution premises, in such a manner, which can be said
to be an expression of gratitude and public recognition of donor’s act of philanthropy(generosity) and
is not aimed at giving publicity to the donor in such manner that it would be an advertising or
promotion of his business, then it can be said that there is no supply of service for a consideration (in
the form of donation). There is no obligation (quid pro quo) on part of recipient of the donation or gift
to do anything (supply a service). Therefore, there is no GST liability on such consideration.
Some examples of cases where there would be no taxable supply are as follows: -
(i) “Good wishes from Mr. Rajesh” printed underneath a digital blackboard donated by Mr. Rajesh to
a charitable Yoga institution.
(ii) “Donated by Smt. Malati Devi in the memory of her father” written on the door or floor of a room
or any part of a temple complex which was constructed from such donation.
In each of these examples, it may be noticed that there is no reference or mention of any business
activity of the donor which otherwise would have got advertised. Thus, where all the three conditions
are satisfied namely
- the gift or donation is made to a charitable organization,
- the payment has the character of gift or donation and
- the purpose is philanthropic (i.e., it leads to no commercial gain) and not advertisement,
- GST is not leviable.
Crux:
1. If three tests satisfied (donation to charitable organisation, payment has character of donation
and no commercial gain) – Activity will not fall within scope of supply hence no GST.
2. All other cases – Where the name plate is basically for promoting business of donor – Activity
will fall in supply and GST is leviable.
CA Ramesh Soni 2.27

Nature of Supply
3. Nature of Supply
Relevant definitions
India: Section 2(56) of CGST act
India means
• the territory of India as referred to in article 1 of the Constitution,
• its territorial waters,
• seabed and sub-soil underlying such waters,
• continental shelf,
• exclusive economic zone or any other maritime zone as referred to in the Territorial Waters,
Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976, and
• the air space above its territory and territorial waters
State: Section 2(103) of CGST act
State includes a Union territory with Legislature
Union territory: Section 2(114) of CGST act
Union territory means the territory of —

(a) the Andaman and Nicobar Islands;
(b) Lakshadweep;
(c) Dadra and Nagar Haveli and Daman and Diu;
(d) Ladakh
(e) Chandigarh; and
(f) other territory.
Explanation - for the purposes of this Act, each of the territories specified in sub-clauses (a) to (f)
shall be considered to be a separate Union territory;
Other territory: Section 2(81) of CGST act
Other territory includes

• territories other than those comprising in a State and
• those referred to in sub-clauses (a) to (e) of clause (114);
CA Ramesh Soni 3.1

Nature of Supply
Section 9 of IGST act: Supplies in territorial waters
Notwithstanding anything contained in this Act, —

(a) where the location of the the location of such shall, for the purposes of this Act, be
supplier is in the territorial supplier; or deemed to be in the coastal
waters, State or UT where the nearest point
(b) where the place of supply is the place of supply, of the appropriate baseline is
in the territorial waters, located.
Section 7 of IGST act: Inter-State supply
(1) Supply of goods between different states/UTS

Subject to the provisions of section 10,
supply of goods, where the location of the supplier and the place of supply are in—
(a) two different States;
(b) two different Union territories; or
(c) a State and a Union territory,
shall be treated as a supply of goods in the course of inter-State trade or commerce.
(2) Import of goods be treated as inter-state
Supply of goods imported into the territory of India, till they cross the customs frontiers of
India, shall be treated to be a supply of goods in the course of inter-State trade/commerce.
(3) Supply of services between different states/UTS be treated as inter-state
supply of services, where the location of the supplier and the place of supply are in—
(a) two different States;
(b) two different Union territories; or
(c) a State and a Union territory,
shall be treated as a supply of services in the course of inter-State trade or commerce.
(4) Import of services be treated as be treated as inter-state
Supply of services imported into the territory of India shall be treated to be a supply of
services in the course of inter-State trade or commerce.
(5) LOS(India) & POS (o/s India), Supply to/by SEZ, Supply which is not intra- be
treated as Inter state
Supply of goods or services or both, —
(a) when the supplier is located in India and the place of supply is outside India;
(b) to or by a SEZ developer or a SEZ unit; or
(c) in the taxable territory, not being an intra-State supply and not covered elsewhere in
this section,
shall be treated to be a supply of goods or services or both in the course of inter-State trade
or commerce.
Section 8 of IGST act: Intra-State supply
(1) Supply of goods within same state/UT- intrastate supply

• supply of goods where the LOS and the POS of goods are in the same State or same UT
shall be treated as intra-State supply:
Provided that
the following supply of goods shall not be treated as intra-State supply, namely: —
(i) supply of goods to or by a SEZ developer or a SEZ unit;
(ii) goods imported into the territory of India till they cross the customs frontiers of
India; or
(iii) supplies made to a tourist referred to in section 15.
CA Ramesh Soni 3.2

Nature of Supply
(2) Supply of services within same state/UT- intrastate supply
• supply of services where the LOS and the POS of services are in the same State or same
UT shall be treated as intra-State supply:
Provided that the intra-State supply of services shall not include supply of services to
or by a SEZ developer/a SEZ unit.
Explanation 1. — For the purposes of this Act, where a person has, —

(i) an establishment in India and any other establishment outside India;
(ii) an establishment in a State or UT and any other establishment outside that State or UT; or
(iii) an establishment in a State or UT and any other establishment registered within that State/UT,
then such establishments shall be treated as establishments of distinct persons.
Explanation 2. — A person carrying on a business through a branch/an agency/a representational

office in any territory shall be treated as having an establishment in that territory.
Circular
Services of short-term accommodation, conferencing, banqueting etc. provided to a SEZ

developer/SEZ unit – whether to be treated as an inter-State supply or an intra-State
supply
Issue: Services of short-term accommodation, conferencing, banqueting etc., provided to a SEZ

developer or a SEZ unit shall be treated as Intrastate or Interstate supply.
Clarification & Analysis:

• As per section 7(5)(b) of the IGST Act, the supply of goods or services or both to a SEZ
developer/unit shall be treated to be a supply in the course of inter-State trade or commerce.
• However, as per section 12(3)(c) of the IGST Act, the place of supply of services by way of
accommodation in any immovable property for organising any functions shall be the location at
which the immovable property is located. Thus, in such cases, if the location of the supplier and
the place of supply is in the same State/ Union territory, it would be treated as an intra-State.
• It is an established principle of interpretation of statutes that in case of an apparent conflict
between two provisions, the specific provision shall prevail over the general provision.
• In the instant case, section 7(5)(b) of the IGST Act is a specific provision relating to supplies of
goods or services or both made to a SEZ developer or a SEZ unit, which states that such
supplies shall be treated as inter-State supplies.
• It is therefore, clarified that services of short-term accommodation, conferencing, banqueting
etc., provided to a SEZ developer or a SEZ unit shall be treated as an inter-State supply.
Crux: Services of short-term accommodation, conferencing, banqueting etc., provided to a SEZ

developer or a SEZ unit shall be treated as an inter-State supply.
Relevant definition
Export of goods – Section 2(5) of IGST act
Export of goods, means taking goods out of India to a place outside India;
Export of services – Section 2(6) of IGST act
Export of services means the supply of any service when, —

(i) the supplier of service is located in India;
(ii) the recipient of service is located outside India;
CA Ramesh Soni 3.3
Nature of Supply
(iii) the place of supply of service is outside India;
(iv) the payment for such service has been received by the supplier of service in convertible foreign
exchange or in Indian rupees wherever permitted by the Reserve Bank of India; and
(v) the supplier of service and the recipient of service are not merely establishments of a distinct
person in accordance with Explanation 1 in section 8;
Note: Section 10, 11, 12, 13 of IGST act to be discussed later in the chapter Place of supply.
Section 16: Zero rated supply
(1) ZRS means export and supply to SEZ

Zero rated supply means any of the following supplies of goods or services or both,
namely:
(a) export of goods or services or both; or
(b) supply of goods or services or both to a SEZ developer or a SEZ unit.
(2) ITC may be availed for making ZRS, even if no tax on outward supplies i.e., exempt
supply
Subject to the provisions of section 17(5) of the CGST Act, credit of input tax may be availed
for making zero-rated supplies, notwithstanding that such supply may be an exempt supply.
(3) Export under bond/LUT and don’t pay IGST, or Exports on payment of IGST and
claim refund
A registered person making zero rated supply shall be eligible to claim refund
under either of the following options, namely: —
(a) he may
• supply g/s/b under bond or Letter of Undertaking, subject to such conditions, safeguards
and procedure as may be prescribed, without payment of integrated tax and
• claim refund of unutilised input tax credit; or
(b) he may
• supply g/s/b, subject to such conditions, safeguards and procedure as may be
prescribed, on payment of integrated tax and
• claim refund of such tax paid on goods or services or both supplied,
in accordance with the provisions of section 54 of the CGST Act or the rules made
thereunder.
CA Ramesh Soni 3.4

Charge of GST
4. Charge of GST
Section 9 of the CGST act: Levy & collection of CGST
Section 9 is the charging provision of the CGST Act. It provides the maximum rate of tax that can be
levied on supplies leviable to tax under this law, the manner of collection of tax & the person
responsible for paying such tax.
Section 9(1): CGST levied on Intra-state supply of g/s/b (except AL) on value (u/s 15) @
max 20%
Subject to the provisions of sub-section (2),

• there shall be levied a tax called the CGST
• on all intra-State supplies
• of goods or services or both,
• except on the supply of alcoholic liquor for human consumption,
• on the value determined under section 15
• at such rates, not exceeding 20%,
• as may be notified by the Government on the recommendations of the Council (NG-RC)
• collected in such manner as may be prescribed
• and shall be paid by the taxable person.
Notification no. 1/2017, 11/2017-Central Tax (Rate): Notifying the rates applicable.
Section 9(2): CGST on 5 specified petro products (HPMAN) to be levied from notified date
The central tax

• on the supply of
 High speed diesel,
 Petroleum crude,
 Motor spirit (commonly known as petrol),
 Aviation turbine fuel
 Natural gas and
• shall be levied with effect from such date as may be notified by the Government on the
recommendations of the Council (NG-RC)
Author’s comment: Presently central excise duty and VAT/CST is levied on Manufacture and sale
of Petroleum products; however, we can expect that in future GST may be levied on
recommendation of GST council.
Reverse charge
Section 2(98): Reverse Charge means the liability to pay tax by the recipient of supply of g/s/b
instead of the supplier of such g/s/b.
• under u/s 9(3)/ (4), or
• under u/s 5(3)/ (4) of the IGST act.
Section 9(3): Reverse charge on notified goods & services
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 RCM by the recipient of such g/s/b 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.
CA Ramesh Soni 4.1
Charge of GST
Notification: Notified categories of goods on which 100% GST to be paid by recipient:
(NA for CA final)
SN Description of supply of goods Supplier of goods Recipient of supply

(liable to Pay GST)
1 Cashew nuts, not shelled or peeled Agriculturist Any RP
2 Bidi wrapper leaves (tendu) Agriculturist Any RP
3 Tobacco leaves Agriculturist Any RP
3A Following essential oils other than Any Unregistered Any RP
those of citrus fruit namely: - Person
a) Of peppermint;
b) Of other mints : Spearmint oil,
Water mint-oil, Horsemint oil,
Bergament oil.
4 Silk yarn Any person who: Any RP
Manufactures silk yam
from raw silk or
Silk worm cocoons for
supply of silk yarn
4A. Raw cotton Agriculturist Any RP
5 Supply of lottery SG/UT/LA Lottery distributor or
selling agent
6 Used vehicles, seized & confiscated CG/SG/UT/LA Any RP
goods, old & used goods, waste & scrap
7 Priority Sector Lending Certificate (PSLC) Any registered person Any RP
Author’s comment: Mnemonic CROPS BETS

Cashew nuts, Raw cotton, Old and used scraps, PSLC, Silk yarn, Bidi leaves, Essential Oils,
Tobacco leaves, Supply of lottery.
Notified categories of services on which 100% GST to be paid by recipient of services

[Notification No. 13/2017-Central Tax (Rate), dated 28-6-2017]
Category of Supply of Services Supplier of service Recipient (liable)

1 Supply of Services by a goods transport GTA (not paid 6 + Person mention
agency (not paid 6% GST) 6%) – have chosen under (a) to (g),
(a) Any factory registered under by the option of 2.5% + but located in
Factories Act, 1948 2.5% taxable territory
(b) Any society registered under the Societies (TT).
Registration Act, 1860/any other law for
the time being in force
(c) Any co-operative society established
by/under any law
(d) Any person registered under GST act
(e) Any body-corporate established by/under
any law;
(f) Any partnership firm (reg/un-reg)
including AOPs;
(g) Any Casual taxable person
Proviso: RCM not applicable if:

Services provided by a GTA to—
(a) a Department/Establishment of CG/SG/UT;
CA Ramesh Soni 4.2

Charge of GST
(b) Local authority; or
(c) Govt agencies,
which has taken registration under the CGST
act only for the purpose of deducting tax
under section 51 & not for making a taxable
supply of goods or services.
Explanation: the person who pays or is liable to pay freight for the transportation of goods by
road in goods carriage, located in the taxable territory shall be treated as the person who receives
the service for the purpose of this notification;
Crux: Recipient of GTA service - The person who pays the freight i.e., either the
consignor/consignee.
Author’s comment on above Proviso:

• GTA services to (a)(b)(c)(under above proviso) who has taken registration as TDS deductor:
NO RCM.
• GTA services to other the (a)(b)(c), who has taken registration as TDS deductor: RCM
GTA means
• any person who provides services in relation to transport of goods by road and
• issues consignment note, by whatever name called (Consignment note means bilty)
• It is only the services of such GTA, who assumes agency functions, that is being brought into
GST net.
• If a consignment note is issued, it indicates that the lien on the goods has been transferred (to
the transporter) & the transporter becomes responsible for the goods till its safe delivery to the
consignee.
• Individual truck operators do not issue any consignment note are not covered within the
meaning of GTA.
Difference between GTA and Courier agency

GTA Courier
Engaged in transportation of goods by road Engaged in transportation of goods/docs &
only articles by any mode
RCM is applicable No RCM – always FCM
GTA issues consignment number which Courier services are generally door to door +
contains the registration number of the Motor time sensitive + any item (goods, articles or
vehicle used for transportation. documents)
Body Corporate has the same meaning as assigned to it in section 2(11) of the
Companies Act, 13;
As per section 2(11) of the Companies Act, 2013, body corporate or corporation includes a
company incorporated outside India, but does not include—
(i) a co-operative society registered under any law relating to cooperative societies; and
(ii) any other body corporate (not being a company as defined in this Act), which the Central
Government may, by notification, specify in this behalf.
Exemption: Entry No. 21A: Services provided by a GTA to an unregistered person
Services provided by a GTA to an unregistered person, including an unregistered casual

taxable person, other than the following recipients:
(a) any factory/registered under or governed by the Factories Act, 1948; or
CA Ramesh Soni 4.3

Charge of GST
(b) any Society registered under the Societies Registration Act, 1860/under any other law
(c) any Co-operative Society established by or under any law for the time being in force; or
(d) any body corporate established, by or under any law for the time being in force; or
(e) any partnership firm whether registered/not under any law including association of persons;
(f) any CTP registered under the CGST Act or the IGST Act or the SGST Act or the UTGST Act
are exempt.
Exemption: Entry No. 21B:
Services provided by a GTA, by way of transport of goods in a goods carriage, to, —

(a) a Department or Establishment of the CG/SG/UT; or
(b) local authority; or
(c) Governmental agencies,
which has taken registration for the purpose of deducting tax u/s 51 & not for making a taxable
supply of goods/services.
2 Services provided by an individual advocate Individual Any business

including a senior advocate/firm of advocates advocate/ entity located in
by way of legal services, directly or indirectly. a senior advocate/ the taxable
firm of advocates. territory.
1. Legal service means any service provided in relation to advice, consultancy/ assistance in
any branch of law, in any manner & includes representational services before any court,
tribunal or authority.
2. LLP formed & registered under the provisions of the LLP Act, 2008 shall also be considered as
a partnership firm or a firm.
3. The business entity located in the taxable territory who is litigant, applicant or
petitioner, as the case may be, shall be treated as the person who receives the legal
services for the purpose of this notification;
Exemption Entry no. 45: Legal services
a partnership firm of advocates or an individual as an advocate other than a senior

advocate, by way of legal services to-
(i) an advocate or partnership firm of advocates providing legal services;
(ii) any person other than a business entity; or
(iii) a business entity with an ATO up such amount in the PFY as makes it eligible for
exemption from registration under the CGST act; or
(iv) the Central Government, State Government, Union territory, local authority, Governmental
Authority or Government Entity
a senior advocate by way of legal services to-
(i) any person other than a business entity; or
(ii) a business entity with an ATO up such amount in the preceding financial year as
makes it eligible for exemption from registration under the CGST act; or
(iii) the Central Government, State Government, Union territory, local authority, Governmental
Authority or Government Entity
3 Services supplied An arbitral tribunal Any business entity

• by an arbitral tribunal located in TT
• to a business entity
CA Ramesh Soni 4.4

Charge of GST
Exemption: Entry no. 45
Services provided by an arbitral tribunal to –

(i) any person other than a business entity; or
(ii) a business entity with an ATO up such amount in the preceding financial year as
makes it eligible for exemption from registration under the CGST act; or
(iii) the Central Government, State Government, Union territory, local authority, Governmental
Authority or Government Entity.
4 Services provided Any person Any Body

• by way of sponsorship corporate or
• to any body corporate or partnership firm. partnership firm
located in TT
Example:
• Sponsorship services by Shyam to Ram ltd – RCM
• Sponsorship services by Shyam ltd to Ram – FCM
5 Services supplied by the CG, SG, UT, LA to a CG, SG, UT, LA Any business
BE excluding- entity located in TT
(1) renting of immovable property, and
(2) services specified below-
(i) Services by Department of Posts
(SP, EP post, life insurance, & agency
services provided to a person other
than CG/SG/UT/LA);
(ii) Services in relation to an aircraft/a
vessel, inside/outside the precincts of
a port/an airport;
(iii)Transport of goods or passengers.
5A Services supplied CG, SG, UT or LA Any person
• by the CG, SG, UT/LA registered under
• by way of renting of immovable the CGST act 2017
property
• to a person registered under the CGST act
2017
Renting of immovable property means allowing, permitting or granting access, entry,
occupation, use or any such facility, wholly or partly, in an immovable property, with or without
the transfer of possession or control of the said immovable property and includes letting, leasing,
licensing or other similar arrangements in respect of immovable property;
5B Services supplied Any person Promoter

• by any person
• by way of transfer of development
rights/Floor Space Index (FSI)
(including additional FSI)
• for construction of a project by a promoter.
5C Long term lease of land (30 years/more) Any person Promoter
• by any person against consideration
• in the form of upfront amount (called as
premium, salami, cost, price, development
charges or by any other name) and/or
periodic rent for construction of a project
by a promoter.
CA Ramesh Soni 4.5

Charge of GST
6 Services supplied A Director (non- The Co/Body
• by a director of a Company/ Body executive director) Corporate in TT
Corporate
• to the said company or the body corporate
Examples:
• Ram is a director (non-executive director), charges sitting fees to company – RCM, CO liable
• Ram is a director (Executive director) – out of supply of supply, since he is an employee.
7 Services supplied An insurance agent Any person carrying

• by an Insurance agent on insurance
• to any person carrying on insurance business in TT- life/
business general insurance
Insurance agent means an insurance agent licensed under Insurance Act,
• who receives/agrees to receive payment by way of commission/other remuneration.
• in consideration of his soliciting/procuring insurance business
• including business relating to the continuance, renewal or revival of policies of insurance.
8 Services supplied A recovery agent Banking Co/

• by a recovery agent Financial institution/
• to Banking Co/FI/NBFC in TT NBFC in TT
9 Supply of services by a music composer, Music composer, Music company,
photographer, artist or the like by way of photographer, artist, producer or the
transfer or permitting the use or enjoyment of or the like like, located in the
a copyright covered under section 13(1)(a) of taxable
the Copyright Act, 1957 relating to original territory.
dramatic, musical or artistic works to a, music
company, producer or the like.
9A Supply of services by an author by way of Author Publisher located in
transfer or permitting the use or the taxable
enjoyment of a copyright covered u/s territory:
13(1)(a) of the Copyright Act, 1957 relating to
original literary works to a publisher.
Provided that nothing contained in this entry shall apply where—
(i) the author has taken CGST registration, &
• filed a declaration with the jurisdictional CGST/SGST Commissioner, as the case
may be, that he exercises the option to pay CT under forward charge & to comply with
all the provisions of CGST Act, as they apply to a person liable for paying the tax in
relation to the supply of any goods or services or both and
• that he shall not withdraw the said option within a period of 1 year from the date
of exercising such option;
(ii) the author makes a declaration on the invoice issued by him in Form GST INV-I to the
publisher.
Crux:
Authors have been given an option to pay tax under FCM. If Author Choses to pay tax under FCM:
he shall:
1. File declaration in Form Annexure I with Jurisdictional CGST/SGST commissioner that he is
opting to pay tax under FCM.
2. Make declaration as prescribed in Annexure II on the invoice issued by him in form GST INV-I
to the publisher.
10 Supply of services by members of overseeing Members RBI

committee to Reserve Bank of India
CA Ramesh Soni 4.6

Charge of GST
11 Services supplied Individual DSAs A banking
• by individual Direct Selling Agents (DSAs) other than a body company/a NBFC
other than a body corporate, corporate, in TT
partnership/LLP partnership or LLP.
• to bank or NBFCs.
Direct selling agents

• A DSA is a person who works as a referral agent for a Bank.
• Their main job is to find potential customers who want to take a loan.
• Government banks appoint Agents to bring business to Banks certain percentage is given by
banks to DSAs.
Note: RCM is applicable only if DSA is an Individual, and hence bank will be liable to pay.
However, if DSA is another entity (co/BC/Firm) FCM will be applicable.
12 Services provided Business facilitator A banking

• by business facilitator (BF) (BF) company, located
• to a banking company in the TT.
13 Services provided An agent of A business
• by an agent of business correspondent business correspondent,
• to business correspondent (BC) correspondent located in the TT
(BC)
Exemption: Entry No. 39: Services by business facilitator
Services by the following persons in respective capacities –

(a) business facilitator/a business correspondent to a banking company with respect to accounts
in its rural area branch;
(b) any person as an intermediary to a business facilitator or a business correspondent with
respect to services mentioned in entry (a); or
(c) business facilitator or a business correspondent to an insurance company in a rural area.
14 Services provided by way of supply of security Any person except A registered

personnel to a RP: a body corporate person, located in
Proviso: this entry shall not apply to, — the TT.
(i) a Department or Establishment of the
CG/SG/UT; or LA/Governmental agencies;
registered as TDS deductor & not for
making a taxable supply of g/s; or
(ii) A RP paying tax under section 10
15 Services provided by way of renting of a motor Any person other Any body
vehicle designed to carry passengers than a body corporate located
where the cost of fuel is included in the corporate, who in the taxable
consideration charged from the service supplies the service territory.
recipient, provided to a body corporate. to a body corporate
and does not issue
an invoice charging
CT at the rate of 6 %
(CGST) to the service
recipient
Author’s comment:
There are two rates applicable on the service of renting of vehicles,
CA Ramesh Soni 4.7

Charge of GST
• 5% with limited ITC (ITC only of input service in the same line of business) and
• 12% with full ITC.
RCM shall be applicable only, If the supplier fulfils all the following conditions: –
(a) Supplier of service is other than a body-corporate;
(b) does not issue an invoice charging GST @12% from the service recipient; and
(c) supplies the service to a body corporate.
16 Services of lending of securities under Lender i.e., a person Borrower i.e., a

Securities Lending Scheme, 1997 ("Scheme") who deposits the person who borrows
of Securities and Exchange Board of India securities registered the securities under
("SEBI"), as amended. in his name or in the the Scheme
name of any other through an
person duly approved
authorised on his intermediary of
behalf with an SEBI.
approved
intermediary for the
purpose of lending
under the Scheme
Illustration on Reverse Charge Mechanism (RCM) on renting of motor vehicles:
Case Supplier Invoice/Document issued Recipient Whether RCM

is applicable?
1 Ram a registered Tax Invoice with GST @ 5% Shyam (an NO RCM
person (RP) individual)
2 Ram a RP Tax Invoice with GST @ 5% Shyam limited RCM applicable
3 Ram limited a RP Tax Invoice with GST @ 5% Shyam limited NO RCM
4 Ram an Does not issue tax Invoice, Shyam limited Shyam ltd to
Unregistered however issues a pay GST @ 5 %
person commercial Invoice under RCM.
5 Ram a RP under Bill of supply Shyam limited Shyam ltd
composition liable to pay
scheme – section GST @ 5 %
10(2A) under RCM.
Clarification regarding taxability of supply of securities under Securities Lending Scheme,

1997 [Circular No. 119/38/2019 GST dated 11.10.2019]
Issue: Trade has requested clarification on whether the supply of securities under
Securities Lending Scheme, 1997 ("Scheme") by the lender is taxable under GST.
Securities Lending Scheme, 1997:

• Under the Scheme, lender of securities lends to a borrower through an approved intermediary
to a borrower under an agreement for a specified period with the condition that the borrower will
return equivalent securities of the same type or class at the end of the specified period along
with the corporate benefits accruing on the securities borrowed.
• The transaction takes place through an electronic screen-based order matching mechanism
provided by the recognised stock exchange in India.
• There is anonymity between the lender and borrower since there is no direct agreement between
them. The lenders earn lending fee for lending their securities to the borrowers. The security
lending mechanism is depicted in the diagram below: -
CA Ramesh Soni 4.8

Charge of GST
In the above chart:

(i) Lender is a person who deposits the securities registered in his name/in the name of any other
person duly authorised on his behalf
(ii) Borrower is a person who borrows the securities under the scheme
(iii) Approved intermediary is a person duly registered by the SEBI under the guidelines/scheme
• A transaction in securities which involves disposal of securities is not a supply in GST

and hence not taxable.
• The activity of lending of securities is not a transaction in securities as it does not involve
disposal of securities. The Scheme under the Securities Lending Scheme, doesn’t treat lending of
securities as disposal of securities and therefore is not excluded from the definition of services.
• The lender temporarily lends the securities held by him to a borrower and charges lending fee for
the same from the borrower. The borrower of securities can further sell or buy these securities
and is required to return the lended securities after stipulated period of time. The lending fee
charged from the borrowers of securities has the character of consideration and this activity is
taxable in GST.
• Apart from above, the activities of the intermediaries facilitating lending and
borrowing of securities for commission or fee are also taxable separately.
• The nature of supply shall be interstate and tax payable shall be IGST.
Crux:
1. Transaction of securities where there is disposal of securities is not supply & hence not taxable.
2. Supply of services by lending securities – GST applicable
3. RCM applicable and borrower liable to pay tax
4. Nature of Supply: Always treat as interstate and always IGST shall be payable.
Circular No: 140/10/2020 – GST dated 10.06.20 - Clarification in respect of levy of GST on
Director’s remuneration
Issue: Whether the remuneration paid by companies to their directors falls under the
ambit of entry in Schedule III i.e., “services by an employee to the employer in the course
of or in relation to his employment” or whether the same are liable to be taxed in terms of
notification No. 13/2017 – Central Tax (Rate) dated 28.06.2017 (entry no.6).
The issue of remuneration to directors has been examined under following two different
categories:
(i) leviability of GST on remuneration paid by companies to the independent directors
defined in terms of section 149(6) of the Companies Act, 2013 or those directors who are
not the employees of the said company; and
(ii) leviability of GST on remuneration paid by companies to the whole-time directors
including managing director who are employees of the said company.
CA Ramesh Soni 4.9

Charge of GST
Clarification:
Leviability of GST on remuneration paid by companies to the independent directors or
those directors who are not the employee of the said company
The primary issue to be decided is whether or not a “Director‟ is an employee of the company. In
this regard, from the perusal of the relevant provisions of the Companies Act, 2013, it can be
inferred that:
a. the definition of a whole time-director u/s 2(94) of the Companies Act, 2013 is an inclusive
definition, and thus he may be a person who is not an employee of the company.
b. the definition of independent director u/s 149(6) of the Companies Act, 2013, read with
Rule 12 of Cos Rules, 2014 makes it amply clear that such director should not have been an
employee/proprietor/a partner of the said company, in any of the 3 financial years immediately
preceding the financial year in which he is proposed to be appointed in the said company.
Therefore, in respect of such directors who are not the employees of the said company, the
services provided by them to the Company, in lieu of remuneration as the consideration for the said
services, are clearly outside the scope of Schedule III and are therefore taxable. In terms of entry at
Sl. No. 6 to NNo. 13/2017 CT(R) dt. 28.06.17, the recipient of the said services i.e., the Company,
is liable to discharge the applicable GST on it on reverse charge basis.
Leviability of GST on remuneration paid by companies to the directors, who are also an
employee of the said company
Once, it has been ascertained whether a director, irrespective of name and designation, is an
employee, it would be pertinent to examine whether all the activities performed by the director are
in the course of employer-employee relation (i.e., a “contract of service”) or is there any element of
“contract for service”. The issue has been deliberated by various courts and it has been held that a
director who has also taken an employment in the company may be functioning in dual capacities,
namely, one as a director of the company and the other on the basis of the contractual relationship
of master and servant with the company, i.e., under a contract of service (employment) entered into
with the company.
It is also pertinent to note that similar identification and treatment of the Director’s remuneration
is also present in the Income Tax Act, 1961 wherein the salaries paid to directors are subject to Tax
Deducted at Source ('TDS') under Section 192 of the Income Tax Act, 1961. However, in cases
where the remuneration is in the nature of professional fees and not salary, the same is liable for
deduction u/s 194J of the IT Act.
Accordingly, it is clarified that the part of Director’s remuneration which are declared as “Salaries‟
in the books of a company and subjected to TDS under Section 192 of the IT Act, are not taxable
being consideration for services by an employee to the employer in the course of or in relation to his
employment in terms of Schedule III of the CGST Act, 2017.
It is further clarified that the part of employee Director’s remuneration which is declared
separately other than salaries in the Company’s accounts and subjected to TDS u/s 194J of the IT
Act as Fees for professional or Technical Services shall be treated as consideration for providing
services which are outside the scope of Schedule III, and is therefore, taxable. Further, in terms of
NNo. 13/2017 – CT (Rate) dt. 28.06.17, the recipient of the said services i.e., the Company, is liable
to discharge the applicable GST on it on reverse charge basis.
Crux:
Independent Director - Not an employee, GST payable by Company under RCM.
Whole time director/Whole time director - as per definition under companies’ act, he may be a
person who is not an employee
• If Director is working in the capacity of an employee + amount accounted as salary & TDS u/s
192 of IT act is deducted: then the same is falling in schedule III – Not a supply, hence no GST.
• If Director is not working in the capacity of an employee + amount paid is in the nature of
professional fees and not salary and TDS u/s 194J of the IT Act is deducted – Supply, GST
payable by co. under RCM.
CA Ramesh Soni 4.10
Charge of GST
Section 9(4): RCM on specified class of registered person w.r.t specified supplies from
unregistered supplier.
The Government may, on the recommendations of the Council, by notification,

 specify a class of registered persons who shall,
 in respect of supply of specified categories of goods or services or both
 received from an unregistered supplier,
 pay the tax on reverse charge basis as the recipient of such supply of goods/services/both,
 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 such supply of goods or services or both.
SN Category of supply of goods and services Supplier Recipient

1 Supply of such g/s/b [other than services by way of grant Supplier of Promotor
TDR, long term lease of land (against upfront payment in the goods/service
form of premium, salami, development charges etc.) or FSI (incl.
additional FSI)] which constitute the shortfall from the minimum
value of g/s/b required to be purchased by a promoter for
construction of project, in a FY (or part of the FY till the date of
issuance of CC/FO, whichever is earlier)
2 Cement Cement Promoter
3 Capital goods supplied to a promoter for construction of a Supplier of Promotor
project on which tax is payable or paid at the rate prescribed. CGs
Definition
Section 2(44): Electronic commerce
Electronic commerce means the supply of goods or services or both, including digital products
over digital or electronic network;
Section 2(45): Electronic commerce operator (ECO)
Electronic commerce operator means any person who owns, operates or manages digital or
electronic facility or platform for electronic commerce;
Section 9(5): Notified category of services on which tax payable by ECO if such services
provided through it (ECO).
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 if
such services are supplied through it, and all the provisions of this Act shall apply to such ECO as if
he is the supplier liable for paying the tax in relation to the supply of such services:
Proviso:
1. where an ECO does not have a physical presence in the taxable territory, any person
representing such eco for any purpose in the taxable territory shall be liable to pay tax:
2. where an ECO does not have a physical presence in the taxable territory and also, he does not
have a representative in the said territory, such eco shall appoint a person in the taxable
territory for the purpose of paying tax and such person shall be liable to pay tax.
CA Ramesh Soni 4.11

Charge of GST
Summary:
ECO has physical presence in taxable territory (TT) ECO liable to pay tax
ECO does not have physical presence in TT Any Person representing such ECO (for any
purpose) in TT liable to pay
ECO has neither physical presence not any ECO shall appoint a person in TT (for tax
representative in TT purpose) & such person shall be liable
Notified categories of services supplied through ECO for this purpose –
a. Services by way of transportation of passengers by a

- radio taxi (which is in two-way communication with central office through GPS/GPRS)
- motor cab (MV to carry > 6 < 12 passengers excl. driver on hire/reward)
- maxi cab (MV to carry < 6 passengers excl. driver on hire/reward)
- motor cycle;
Example: OLA, Uber, Rapido, etc.
b. Services by way of providing accommodation

- In hotels, inns, guest houses, clubs, campsites/other commercial places
- meant for residential or lodging purposes,
Except where the person supplying such service through ECO is liable for registration u/s 22(1).
Example: Goibibo, OYO rooms, etc
c. Services by way of house-keeping

- Such as plumbing, carpentering etc.,
Except where the person supplying such service through ECO is liable for registration u/s 22(1).
Example: Urbanclap.com, housejoy.com, etc
Let’s analyse now:

Discuss whether the following are supplies under 9(5) or other than supplies under 9(5)
SN Service Conclusion
1 Manju a taxi driver is supplying through OLA Yes, the service is notified u/s 9(5), ECO
liable
2 Raghu a plumber provided service through Yes, the service is notified u/s 9(5), ECO
UrbanClap liable if supplier unregistered
3 Aniruddha a carpenter provided service Yes, the service is notified u/s 9(5), ECO
through House joy liable if supplier unregistered
4 Pawan is running a hotel, through OYO rooms Yes, the service is notified u/s 9(5), ECO
liable if supplier unregistered
5 Sneha is providing beautician services online No, the service is not notified service under
through UrbanClap 9(5), it will be considered as Sneha’s supply.
CA Ramesh Soni 4.12

Charge of GST
Let’s understand this with the help of the diagrams below:
CA Ramesh Soni 4.13

Charge of GST
Section 5 of the IGST act: Levy and Collection of IGST
Section 5(1): IGST is levied on Inter-state supply of g/s/b (except AL) on value (u/s 15)
@ max 40%
Subject to the provisions of sub-section (2),

- there shall be levied a tax called the IGST
- on all inter-State supplies of goods or services or both,
- except on the supply of alcoholic liquor for human consumption,
- on the value determined under section 15 of the CGST Act and
- at such rates, not exceeding forty per cent, 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:
Provided that
• the IGST on goods imported into India shall be
• levied and collected in accordance with the provisions of section 3 of the Customs
Tariff Act, 1975
• on the value as determined under the said Act
• at the point when duties of customs are levied on the said goods u/s 12 of the Customs Act,
1962.
Author’s comments: Difference from CGST: Intra-state – Interstate, Rate of tax - 20% - 40%
Section 5(2): IGST on 5 petroleum products (HPMAN)
The integrated 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.
Section 5(3): Reverse charge under IGST on notified goods & services
SN Category of Supply of Services Supplier Recipient (liable)

1 Any services supplied Any person Any person located
• by any person located in a non-taxable territory located in an in the TT
(NTT) NTT Other than NTOR
• to any person other than Non-taxable online
recipient (NTOR)
Non-taxable online recipient (NTOR)

• CG/SG/UT/LA/Governmental authority/ Individual
(in TT), any URP
• receiving OIDAR services for non-commercial/non-
business use.
10 Services supplied By person in Importer located in
• by way of transportation of goods NTT TT
• by a vessel
• from a place outside India up to the customs
station of clearance in India.
Explanation - Governmental authority” means

(i) an authority/a board/any other body (ABO), -
CA Ramesh Soni 4.14

Charge of GST
(ii) Set up by an Act of Parliament/a State Legislature; or
(iii) Established by any Government,
- with 90% or more participation by way of equity or control,
- to carry out any function entrusted to a municipality under article 243W of the Constitution.
Section 5(4): RCM on specified class of registered persons w.r.t specified supplies from
unregistered supplier.
The Government may, on the recommendations of the Council, by notification, specify a class of
registered persons who shall, in respect of supply of specified categories of goods or services or both
received from an unregistered supplier, pay the tax on reverse charge basis as the recipient of such
supply of goods or services or both, 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 such supply of goods or services or both.
Author’s comment: Services notified under 9(4), also notified here.
Section 5(5): Notified category of services on which tax payable by ECO if such services
provided through it.
The Government may, on the recommendations of the Council, by notification, specify categories
of services, the tax on inter-State supplies of which shall be paid by the electronic commerce
operator if such services are supplied through it, and all the provisions of this Act shall apply to such
electronic commerce operator as if he is the supplier liable for paying the tax in relation to the
supply of such services:
Provided that where an electronic commerce operator does not have a physical presence in the
taxable territory, any person representing such electronic commerce operator for any purpose in the
taxable territory shall be liable to pay tax:
Provided further that where an electronic commerce operator does not have a physical presence
in the taxable territory and also 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.
Author’s comment: Services notified under 9(5), also notified here.
CA Ramesh Soni 4.15

Composition levy
5. Composition Levy
Introduction
The Composition levy scheme is a very simple, hassle free compliance scheme for small taxpayers
(traders, manufacturers and service providers). It is a voluntary and optional scheme.
Turnover in State or Turnover in Union territory
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 made within a State or Union territory by a taxable person,
• exports of goods or services or both and
• inter-State supplies of g/s/b made from the State or UT by the said taxable person but
• excludes central tax, State tax, Union territory tax, integrated tax and cess;
Author’s comment: Same as ATO, only difference word aggregate is missing. Hence, we do not
aggregate All India under same PAN.
Section 2(92): Quarter
Quarter shall mean a period comprising three consecutive calendar months, ending on the last day
of March, June, September and December of a calendar year;
Objective of Composition
To bring simplicity and to reduce the compliance cost on the small taxpayers.
Section 10: Composition levy
(1)Notwithstanding anything to the contrary contained in this Act but subject to the
provisions of sub-sections (3) and (4) of section 9,
• a RP, whose ATO in the PFY did not exceed 50 lakh rupees, may opt (rule 3) to pay, in lieu
of the tax payable by him under section 9(1),
• an amount of tax calculated at such rate as may be prescribed, (rule 7) but not
exceeding, —
(a) one per cent of the turnover in State or turnover in Union territory in case of a
manufacturer,
(b) two and a half per cent of the turnover in State or turnover in UT in case of persons
engaged in making supplies referred to in clause (b) of paragraph 6 of Schedule II, and
(c) half per cent of the turnover in State or turnover in UT in case of other suppliers,
subject to such conditions and restrictions as may be prescribed: (rule 5)
Provided that the Government may, by notification,

• increase the said limit of fifty lakh rupees to such higher amount, not exceeding one crore and
fifty lakh rupees, as may be recommended by the Council:
CA Ramesh Soni 5.1

Composition levy
Notification: (Notification No. 14/2019 CT dated 07.03.2019.)
An eligible RP, whose aggregate turnover in the PFY did not exceed 1.5 crores, may opt to pay,
under composition, an amount of tax as prescribed under rule 7 of the CGST Rules, 2017:
Provided that the said aggregate turnover in the preceding financial year (PFY) shall be Rs 75
lakh in the case of an eligible registered person, registered u/s 25 of the said Act, in any of the
following States, namely:
(i) Arunachal Pradesh, (iv) Mizoram, (vii) Tripura,
(ii) Manipur, (v) Nagaland, (viii) Uttarakhand:
(iii) Meghalaya, (vi) Sikkim,
Note: RP shall not be eligible to opt for composition levy u/s 10(1) if such person is a
manufacturer of the goods stated below:
SN Description
1 Ice cream and other edible ice, whether or not containing cocoa.
2 Pan masala.
2A Aerated Water
3 All goods, i.e., Tobacco and manufactured tobacco substitutes.
Provided further that (2nd proviso)

• a person who opts to pay tax under clause (a)/(b)/(c) may supply services (other than those
referred to in clause (b) of paragraph 6 of Schedule II),
• of value not exceeding 10% of turnover in a State/UT in the PFY or Rs 5 lakhs, whichever
is higher.
Explanation. — For the purposes of second proviso, the value of exempt supply of services
provided by way of extending deposits, loans or advances in so far as the consideration is
represented by way of interest or discount shall not be taken into account for determining
the value of turnover in a State or Union territory.
Author’s comment:
1. RP shall be eligible to opt for the composition scheme provided:
• either he is not at all engaged in supply of services other than restaurant services or
• in case he supplies services other than restaurant services, value of such services does not
exceed 10% of the turnover in a State/UT in the PFY or Rs 5 lakh, whichever is higher.
2. Value of turnover in a State/UT shall exclude interest/discount.
Rule 3: Intimation for composition levy
(1)........... not useful now (migration related)

(2)Fresh registration
Any person who applies for registration under of rule 8(1)
• may give an option to pay tax u/s 10 in Part B of FORM GST REG-01, which shall be
considered as an intimation to pay tax under the said section.
Note: Rule 4:
• Option to pay tax under composition will be effective from the date on which the person
becomes liable to registration where the application for registration has been submitted
within a period of 30 days from such date.
• Where an application for registration has been submitted by the applicant after the expiry of
thirty days from the date of his becoming liable to registration, the effective date of
registration shall be the date of the grant of registration
CA Ramesh Soni 5.2

Composition levy
(3)Already registered person switching to composition
• Electronically file an intimation in FORM GST CMP-02, prior to the commencement of
the financial year for which the option to pay tax under the aforesaid section is exercised and
• shall furnish the statement in FORM GST ITC-03 in accordance with rule 44(4) within a
period of sixty days from the commencement of the relevant financial year.
Note: Rule 4: The option to pay tax u/s 10 shall be effective from the beginning of the FY.
(4)........... not useful now (migration related)

(5)Any intimation under sub-rule (1) or sub-rule (3) in respect of any place of business in any
State/UT shall be deemed to be an intimation in respect of all other places of business registered
on the same PAN.
Rule 7: Rate of tax of the composition levy (under CGST)
SN Section under Category of registered persons Rate of tax

which composition
levy is opted
1 Sub-sections (1) and Manufacturers, other than ½ % of the turnover in the
(2) of section 10 manufacturers of such goods as may State/UT
be notified by the Government
2 Sub-sections (1) and Suppliers making supplies 2 ½ % of the turnover in
(2) of section 10 referred to in clause (b) of the State/UT
paragraph 6 of Schedule II
3 Sub-sections (1) and Any other supplier eligible for ½ % of the turnover of
(2) of section 10 composition levy under sub-sections taxable supplies of goods
(1) and (2) of section 10 & services in the State/UT
4 Sub-section (2A) of Registered persons not eligible under 3 % of the turnover of
section 10 the composition levy under sub- supplies of goods and
sections (1) and (2), but eligible to services in the State or
opt to pay tax u/s 10 (2A) Union territory.
Author’s comment: Rate shall be double the percent, since it will be CGST + SGST.
Rule 5: Conditions and restrictions for composition levy
(1)Compliance by person opting for composition scheme

The person exercising the option to pay tax under section 10 shall comply with the following
conditions, namely: -
(a) he is neither a CTP/NRTP;
(b) ....... migration cases, not applicable now
(c) ....... not applicable now
(d) he shall pay tax under section 9(3)/(4) on inward supply of goods or services or both;
(e) he was not engaged in the manufacture of goods as notified u/s 10(2)(e), during the
PFY;
(f) he shall mention the words "composition taxable person, not eligible to collect tax on
supplies" at the top of the bill of supply issued by him; and
(g) he shall mention the words "composition taxable person" on every notice or signboard
displayed at a prominent place at his principal place of business and at every additional place
or places of business.
(2)RP not required to file fresh intimation every year

The registered person paying tax u/s 10 may not file a fresh intimation every year and he may
continue to pay tax under the said section subject to the provisions of the Act and these rules.
CA Ramesh Soni 5.3
Composition levy
Section 10(2): Person ineligible to opt for composition
The registered person shall be eligible to opt under sub-section (1), if—
(a) save as provided in sub-section (1), he is not engaged in the supply of services;
(b) he is not engaged in making any supply of goods or services which are not leviable to tax
under this Act;
(c) he is not engaged in making any inter-State outward supplies of goods or services;
(d) he is not engaged in making any supply of goods or services through an ECO who is
required to collect tax at source under section 52;
Author’s comment:
• If a person is supplying through own platform, he will be eligible for composition scheme
• If a person is supplying through Flipkart, Flipkart will be liable to deduct TCS u/s 52
(e) he is not a manufacturer of such goods as may be notified by the Government on the
recommendations of the Council; and
Author’s comment: Manufacturer is ineligible, trader is eligible.
(f) he is neither a CTP nor a NRTP.
Multiple registered units to opt together for composition scheme

Provided that where more than one RPs are having the same PAN, the RP shall not be eligible to
opt for the scheme under sub-section (1) unless all such RPs opt to pay tax under that sub-section.
Section 10(2A):
Notwithstanding anything to the contrary contained in this Act, but subject to the
provisions of sub-sections (3) and (4) of section 9,
• a RP, not eligible to opt to pay tax under sub-section (1) and sub section (2),
• whose aggregate turnover in the preceding financial year did not exceed fifty lakh rupees,
• may opt to pay, in lieu of the tax payable by him under section 9(1),
• an amount of tax calculated at such rate as may be prescribed, but not exceeding 3% of the
turnover in State or turnover in Union territory,
• if he is not—
(a) engaged in making any supply of goods/services which are not leviable to tax under this
Act;
(b) engaged in making any inter-State outward supplies of goods or services;
(c) engaged in making any supply of goods or services through an electronic commerce
operator who is required to collect tax at source under section 52;
(d) a manufacturer of such goods or supplier of such services as may be notified by the
Government on the recommendations of the Council; and
(e) a casual taxable person or a non-resident taxable person:
Provided that where more than one registered person are having the same Permanent Account
Number, the registered person shall not be eligible to opt for the scheme under this sub-section
unless all such registered persons opt to pay tax under this sub-section.
Section 10(3): Composition levy shall lapse with effect from the day RP crosses ATO.
The option availed of by a RP under sub-section (1)/sub-section (2A), as the case may be, as
the case may be, shall lapse with effect from the day on which his aggregate turnover during a
financial year exceeds the limit specified under sub-section (1)/(2A), as the case may be.
CA Ramesh Soni 5.4

Composition levy
Rule 6: Validity of composition levy
(1)RP paying tax under composition valid till he satisfies all the conditions
The option exercised by a registered person to pay tax under section 10 shall remain valid so
long as he satisfies all the conditions mentioned in the said section and under these rules.
(2)If RP ceases to satisfy conditions, issue tax invoice, file intimation in CMP-04 in 7 days
The person referred to in sub-rule (1) shall be liable to pay tax u/s 9(1) from the day he ceases
to satisfy any of the conditions mentioned in section 10 or the provisions of this Chapter and
shall issue tax invoice for every taxable supply made thereafter and he shall also file an
intimation for withdrawal from the scheme in FORM GST CMP-04 within seven days of the
occurrence of such event.
(3)RP intending to withdraw file CMP 04 before the date of such withdrawal
The registered person who intends to withdraw from the composition scheme shall, before the
date of such withdrawal, file an application in FORM GST CMP-04, duly signed or verified through
electronic verification code, electronically on the common portal.
(4)PO has reason to believe RP not eligible/has contravened, issue SCN in CMP 05
Where the proper officer has reasons to believe that the registered person was not eligible to pay
tax under section 10 or has contravened the provisions of the Act or provisions of this Chapter,
he may issue a notice to such person in FORM GST CMP-05 to show cause within fifteen days of
the receipt of such notice as to why the option to pay tax under section 10 shall not be denied.
(5)Upon receipt of notice RP to reply in CMP 06, PO to issue order in CMP 07 within 30
days
Upon receipt of the reply to the show cause notice issued under sub-rule (4) from the registered
person in FORM GST CMP-06, the proper officer shall issue an order in FORM GST CMP-07 within
a period of thirty days of the receipt of such reply, either accepting the reply, or denying the
option to pay tax under section 10 from the date of the option or from the date of the event
concerning such contravention, as the case may be.
(6)RP ceases/withdrawal filed/PO passed a withdrawal order – RP to file GST ITC 01

within 30 days
Every person who has furnished an intimation under sub-rule (2) or filed an application for
withdrawal under sub-rule (3) or a person in respect of whom an order of withdrawal of option
has been passed in FORM GST CMP-07 under sub-rule (5), may electronically furnish at the
common portal, either directly or through a Facilitation Centre notified by the Commissioner, a
statement in FORM GST ITC-01 containing details of the stock of inputs and inputs contained in
semi-finished or finished goods held in stock by him on the date on which the option is
withdrawn or denied, within a period of thirty days from the date from which the option is
withdrawn or from the date of the order passed in FORM GST CMP-07, as the case may be.
(7)Intimation/application for withdrawal/denial shall be deemed to be an intimation in

respect of all other places of business registered on the same PAN
Any intimation or application for withdrawal under sub-rule (2) or (3) or denial of the option to
pay tax under section 10 in accordance with sub-rule (5) in respect of any place of business in
any State or Union territory, shall be deemed to be an intimation in respect of all other places of
business registered on the same Permanent Account Number.
CA Ramesh Soni 5.5

Composition levy
Denial of composition option by tax authorities and effective date thereof [Circular
No. 77/51/2018-GST dated 31.12.18]
Issue/Doubts:
• Doubts have been raised as to the date from which withdrawal from the composition scheme
shall take effect in a case where the composition taxpayer has exercised such option to
withdraw.
• Doubts have also been raised regarding the effective date of denial of the option to pay tax
under the composition scheme where action has been initiated by the tax authorities to deny
such option to the composition taxpayer.
• Clarification has been sought regarding the follow up action to be taken by the tax authorities
when the composition option is denied to the taxpayer retrospectively.
Clarification:
It is clarified that in a case where the taxpayer has sought withdrawal from the
composition scheme, the effective date shall be the date indicated by him in his
intimation/application filed in GST CMP-04 but such date may not be prior to the commencement of
the financial year in which such intimation/application for withdrawal is being filed. If at any stage it
is found that he has contravened any of the provisions of the CGST Act or the CGST Rules, action
may be initiated for recovery of tax, interest and penalty.
In case of denial of option by the tax authorities, the effective date of such denial shall be from
a date, including any retrospective date as may be determined by tax authorities, but shall not be
prior to the date of contravention of the provisions of the CGST Act or the CGST Rules. In such
cases, as provided u/s 10(5) of the CGST Act, the proceedings would have to be initiated under the
provisions of section 73/74 for determination of tax, interest and penalty for the period starting from
the date of contravention of provisions till the date of issue of order in FORM GST CMP-07.
It is also clarified that the registered person shall be liable to pay tax under section 9 of the
CGST Act from the date of issue of the order in FORM GST CMP-07 Provisions of section 18(1)(c) of
the CGST Act shall apply for claiming credit on inputs held in stock, inputs contained in semi-finished
or finished goods held in stock and on capital goods on the date immediately preceding the date of
issue of the order.
Section 10(4): A taxable person (under composition) not to collect tax, nor take ITC
A taxable person to whom the provisions of sub-section (1) or, as the case may be, sub-section
(2A) apply shall not collect any tax from the recipient on supplies made by him nor shall he be
entitled to any credit of input tax.
Section 10(5): TP pays tax under compo even if ineligible, he shall be liable to penalty
If the PO has reasons to believe that a taxable person has paid tax under sub-section (1) or sub-
section (2A), as the case may be, despite not being eligible, such person shall, in addition to any
tax that may be payable by him under any other provisions of this Act, be liable to a penalty and the
provisions of section 73 or 74 shall, mutatis mutandis, apply for determination of tax and penalty.
Explanation 1.— For the purposes of computing aggregate turnover of a person for determining his
eligibility to pay tax under this section, the expression aggregate turnover shall
• include the value of supplies made by such person from the 1st day of April of a financial year
upto the date when he becomes liable for registration under this Act,
• but shall not include the value of exempt supply of services provided by way of extending
deposits, loans or advances in so far as the consideration is represented by way of interest or
discount.
CA Ramesh Soni 5.6

Composition levy
Explanation 2. — For the purposes of determining the tax payable by a person under this section,
the expression turnover in State or turnover in Union territory shall not include the value of
following supplies, namely: —
(i) supplies from the first day of April of a financial year upto the date when such person becomes
liable for registration under this Act; and
(ii) exempt supply of services provided by way of extending deposits, loans or advances in so far as
the consideration is represented by way of interest or discount.
Author’s comment:
• For the purpose of Checking eligibility: ATO shall include supplies from 1st April upto date of
becoming liable for registration but exclude interest/discount.
• For the purpose of paying tax: TO in state/UT shall exclude supplies from 1st April upto date
of becoming liable for registration and interest/discount.
Normal taxable person Vs composition taxable person
S N. Basis Regular Composition

1 Applicable section Section 9 Section 10
2 Tax period Monthly Quarterly
3 Billing Tax Invoice Bill of supply
4 Records ITC records shall be maintained ITC records need not be
maintained
5 Returns/statements GSTR 1,2 and 3 GST CMP 08 & GSTR 4
6 Annual return GSTR 9 GSTR 9A
7 Liability Pay liability @ applicable rates Flat rates @ 1%, 3% and 5%
8 GST burden Passed on to consumer Cannot collect from consumer
Returns and Statement to be furnished by Person under Composition
GST CMP-08 Quarterly: Furnish a statement, every quarter or, as the case may be, part thereof,
containing the details of payment of self-assessed tax in GST CMP-08, till the 18th day of the month
succeeding such quarter; and
GSTR-4 by 30th day of April following the end of such FY: Furnish a return for every FY or, as
the case may be, part thereof in GSTR-4, till the 30th of April following the end of such FY.
Notification No. 02/2019 CT (R) dated 07.03.2019 (Just for knowledge)
With effect from 01.04.2019, Notification No. 2/2019 CT (R) dated 07.03.2019 has provided an
option to a registered person whose aggregate turnover in the PFY is up to Rs 50 lakh and who is
not eligible to pay tax under composition scheme, to pay tax @ 3% on first supplies of goods and/or
services upto an ATO of Rs 50 lakh made on/after 1st April in any FY, subject to specified conditions.
Author’s comment: This notification has been succeeding by insertion of section 10(2A), leaving
the notification redundant.
CA Ramesh Soni 5.7

Registration
6. Registration
Section 2(94): Registered person (RP)
Registered person means

• a person who is registered under section 25
• but does not include a person having a Unique Identity Number.
Section 2(107): Taxable person (TP)
Taxable person means a person

• Who is registered or
• liable to be registered under section 22 or section 24.
Section 2(108): Taxable Supply (TS)
Taxable supply means a supply of goods or services or both which is leviable to tax under this Act;
Section 2(78): Non- taxable Supply (NTS)
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;
Example: Supply of AL for human consumption and 5 petroleum products (HPMAN).
Section 2(47): Exempt supply
Exempt supply means supply of any goods or services or both

• which attracts nil rate of tax or
• which may be wholly exempt from tax under section 11, or under section 6 of the IGST Act, and
• includes non-taxable supply;
Zero rated supply (Extract of section 16 of IGST act)
Zero rated supply means

any of the following supplies of goods or services or both, namely: —
(a) Export of goods or services or both; or
(b) Supply of goods or services or both to a Special Economic Zone (SEZ) developer or a SEZ unit.
Section 2(6): Aggregate Turnover (ATO)
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;
CA Ramesh Soni 6.1

Registration
1. ATO means PAN-wise turnover
2. ATO is relevant for knowing
• Whether a person requires registration u/s 22(1) (threshold limit of up to 40/20/10 lakhs)
• If a person is eligible for composition scheme
• To know if a person needs audit of accounts under GST (compulsory audit if ATO > 2 crores)
3. Activities which are out of scope of supply, will not form part of ATO. Since they are not supply
at all. For example: Salary received for rendering service to employer will not be supply at all.
4. Outward supplies on which tax payable under RCM to be included.
Section 2(83): Outward supply
Outward supply in relation to a taxable person, means

• supply of goods or services or both, whether by sale, transfer, barter, exchange, licence, rental,
lease or disposal or any other mode,
• made or agreed to be made by such person
• in the course or furtherance of business;
Section 2(50): Fixed Establishment
Fixed establishment means a place (other than the registered place of business) which is
characterised by a sufficient degree of permanence and suitable structure in terms of human and
technical resources to supply services, or to receive and use services for its own needs.
Section 2(48): Existing law
Existing law means any law, notification, order, rule/regulation relating to levy and collection of
duty or tax on goods/services/both passed or made before the commencement of this Act by
Parliament or any Authority/person having the power to make such law, notification, order, rule or
regulation;
Section 2(89): Principal place of business (PPOB)
PPOB means the place of business specified as the PPOB in the certificate of registration;
Section 22 - Persons liable for registration
Section 22(1): Registration on crossing applicable aggregate turnover
Every supplier shall be liable to be registered under this act in state/UT, (other than special
category states) from where he makes taxable supply of goods or services or both, if his
aggregate turnover (ATO) in a FY exceeds 20 lakh rupees:
Provided that where such person makes taxable supplies of goods or services or both from any
of the special category states (SCS), he shall be liable to be registered if his aggregate turnover
in a financial year exceeds ten lakh rupees:
Provided further that The Government may, at the request of a SCS & on the recommendation of
the council, enhance the ATO referred to in the first proviso from ten lakh rupees to such
amount, not exceeding twenty lakh rupees and subject to such conditions and limitations, as
may be so notified:
Provided also that The Government may, at the request of a State & on the recommendations of
the Council, enhance the aggregate turnover from 20 lakh rupees to such amount not exceeding 40
CA Ramesh Soni 6.2
Registration
lakh rupees in case of supplier who is engaged exclusively in the supply of goods, subject to such
conditions and limitations, as may be notified.
Explanation. — For the purposes of this sub-section, a person shall be considered to be engaged
exclusively in the supply of goods even if he is engaged in exempt supply of services provided by
way of extending deposits, loans or advances in so far as the consideration is represented by way of
interest or discount.
Author’s comment:
• Power to increase the threshold limit for registration from Rs 20 to 40 lakhs on request of a state
& on the recommendations of the Council by notification has now been incorporated u/s 22(1),
however no notification has been issued using this power yet. Currently, NN. 10/2019 issued u/s
23(2) exempts exclusive supplier of goods in some states from registration upto Rs 40 lacs.
• A person shall be considered to be engaged exclusively in the supply of goods even if he is
engaged in exempt supply of services where consideration is interest or discount.
Explanation. — For the purposes of this section, —

(i) ATO shall include all supplies made by the taxable person (TP), whether on his own account or
made on behalf of all his principals;
Example on calculating ATO of Agent

Supplier Nature of supply Invoice in Value ATO
Mr Ram Sale on own account Tax invoice in own name 10 lakhs 15
Sale on behalf of Principal Tax invoice in own name 5 lakhs lakhs
Mr Sale on own account Tax invoice in own name 10 lakhs 10
Shyam Sale on behalf of Principal Tax invoice raised by Principal 5 lakhs lakhs
(ii) the supply of goods, after completion of job work, by a registered job worker shall be treated
as the supply of goods by the principal referred to in section 143, and the value of such goods
shall not be included in the aggregate turnover of the registered job worker.
(iii) the expression “special category States” shall mean the States as specified 279A(4)(g) of the
Constitution except the State of Jammu & Kashmir and States of Arunachal Pradesh, Assam,
Himachal Pradesh, Meghalaya, Sikkim and Uttarakhand.
Crux: SCS for section 22 means the states of Manipur, Mizoram, Nagaland and Tripura (MNT).
Steps for calculating if registration applicable

1. Compute the Aggregate turnover.
2. Check applicable Aggregate turnover.
Note: ATO limit applicable will be Rs 10 lakhs if person making TAXABLE SUPPLIES from SCS.
3. If ATO > 40/20/10 lacs, registration in all states/UT from where TAXABLE SUPPLIES are made
Notification No. 10/2019 CT dated 07.03.2019:
In exercise of the powers conferred by section 23(2) of the CGST Act, 2017, the CG, on the
recommendations of the Council, hereby specifies the following category of persons, as the category
of persons exempt from obtaining registration under the said Act, namely:
Any person, who is engaged in exclusive supply of goods and whose aggregate turnover in the
financial year does not exceed forty lakh rupees, except,
(a) persons required to take compulsory registration u/s 24;
(b) persons engaged in making supplies of the PIT (Pan masala, Ice cream and other edible ice,
whether or not containing cocoa, Tobacco and manufactured tobacco substitutes)
CA Ramesh Soni 6.3

Registration
(c) persons engaged in making intra-State supplies in the States of Arunachal Pradesh, Manipur,
Meghalaya, Mizoram, Nagaland, Puducherry, Sikkim, Telangana, Tripura, Uttarakhand; and
(d) persons exercising voluntary registration u/s 25(3), or such RPs who intend to continue with
their registration.
State-wise registration limit - Crux:
Turnover Limit States Mnemonic

10 Lacs for Both SOG/SOS Manipur, Mizoram, Nagaland, Tripura M2NT
20 Lacs for Both SOG/SOS Puducherry, Uttarakhand, Meghalaya, PUMAS of
Arunachal Pradesh, Sikkim, Telangana Telangana
40 Lacs - SOG, 20L – SOS Other states, Assam, J&K, HP OAK of HP
Illustration on Registration requirement and Applicable ATO:

Supplier State Turnover (in ATO ATO Remarks
lakhs) applicable
Ram Assam Sale of Goods: 38 43 40 lakhs ATO shall include
Interest Income: 5 lakhs interest/discount income, but
such income cannot make him
ineligible for higher limit of Rs
40 lacs. Ram shall be deemed to
be exclusive supplier of goods
even if he is engaged in exempt
supply of services where
consideration is interest or
discount. He shall be required
registration
Shyam Assam Sale of Goods: 38 39 40 lakhs Shyam shall not be required
Interest Income: 1 lakhs registration since ATO did not
exceed Rs 40 lacs.
Section 22(2): Under old Law (existing law) registered persons:
Every person who, on the day immediately preceding the appointed day, is registered/holds a
license under an existing law, shall be liable to be registered under this Act with effect from the
appointed day.
Sec 2(10): Appointed day means the date on which the provisions of this Act shall come into force;
Author’s comments: As a result of this provision, all the persons registered under pre-GST law
were mandatorily required to migrate to GST & then the option for cancellation of registration was
provided if ATO less than registration limit.
Example: Ram ltd a manufacturer was registered under VAT & Excise, now with the coming of GST
on appointment day, Ram ltd is liable to register. Ram ltd is required to migrate from OLD to GST.
Section 22(3): Transfer/Succession of business as going concern:
Where a business carried on by a taxable person registered under this Act is transferred, whether on
account of succession or otherwise, to another person as a going concern, the transferee or the
successor, as the case may be, shall be liable to be registered with effect from the date of such
transfer or succession.
CA Ramesh Soni 6.4

Registration
Author’s comment: Unutilized ITC in the transferor e-credit ledger to get transferred to
transferee/successor.
Example: Ram registered under GST transfers his business as going concern to Shyam, Shyam is
liable to be registered from the date of such transfer without considering any threshold limit for
registration.
Clarification:
It is clarified that transfer or change in the ownership of business will include transfer/change in the
ownership of business due to death of the sole proprietor.
Section 22(4): Amalgamation/Demerger pursuant to a court/tribunal order:
Notwithstanding anything contained in sub-sections (1) and (3), in a case of transfer

pursuant to sanction of a scheme or an arrangement for amalgamation or, as the case may be,
demerger of two or more companies pursuant to an order of a High Court, Tribunal or otherwise,
• the transferee shall be liable to be registered,
• with effect from the date on which the Registrar of Companies (ROC) issues a certificate of
incorporation (COI) giving effect to such order of the High Court or Tribunal.
Crux: Transferee liable register, with effect from the date on which the ROC issues a COI
giving effect to court/tribunal order.
Author’s comment: If the court/tribunal order takes effect from a date earlier than the date of the
order, now even though legally the companies stand merged from a back date, however it is not
possible to issue back date GST registration, hence section 22(4) provides that such entity shall be
liable to take GST registration only w.e.f. the date on which the ROC issues a COI giving effect to
court/tribunal/NCLT order.
Example: Ram ltd and Shyam ltd wanted to amalgamate into Radheshyam ltd.
• The board of the companies approved the amalgamation on 1st Jan 18, 1st March 18 they
approached NCLT for amalgamation,
• NCLT approved amalgamation on 25th June 18.
• NCLT issued order on 25th June 2018 allowing merger from retrospective date i.e., 1st March 18.
• Now they approached ROC for issue of certificate of Incorporation of Radheshyam ltd.
• ROC issued certificate of Incorporation on 1st July by ROC.
• Hence the two companies will be liable from 1st July, i.e., the date on which ROC issued COI.
Section 23 – Persons not liable for registration
Section 23(1): The following persons shall not be liable to registration, namely:
(a) any person engaged exclusively in the business of supplying goods or services or both that
are not liable to tax or wholly exempt from tax under this Act or under the IGST Act;
(b)an agriculturist, to the extent of supply of produce out of cultivation of land
• Person supplying exclusively Nil rated, wholly exempt or non-taxable supplies are not liable.
• Agriculturist supplying anything which is cultivation of land, he will not be liable
• Agricultural Land can be own land, leased land or taken on rent, important to note is it should
be produced out of cultivation of land and supplier should be agriculturist.
CA Ramesh Soni 6.5

Registration
Section 2(7): Agriculturist means an individual/HUF who undertakes cultivation of land—
- by own labour/labour of family, or
- by servants on wages payable in cash/kind or
- by hired labour under personal supervision/the personal supervision of any member of the family.
Examples:
SN Particulars Registration?
1 Petrol bunks selling only petrol & diesel Not required
2 Petrol pumps selling Engine oil or food items along with petrol. Required
3 Shops supplying Alcoholic liquor for human consumption Not required
4 Shops supplying Alcoholic liquor for human consumption plus snacks Required
5 Agriculturist owns land and does cultivation Not required
6 Agriculturist takes land on rent and does cultivation Not required
7 Agriculturist takes land on rent & cultivation done by servants on wages Not required
8 Agriculturist does cultivation plus also runs a dairy. Required
Example: Deshbandhu is an agriculturist engaged in cultivation of wheat in his field in the State of
Punjab. He was exclusively engaged in supply of wheat cultivated in his field in the previous year.
Thus, he was not liable to registration as he was exclusively engaged in supply of produce out of
cultivation of land. In the current year, he decides to start trading in rice apart from supplying his
wheat produce. His turnover in the current year is Rs 32 lakh from supply of wheat produced and Rs
9 lakh from trading of rice. Since he is engaged in trading of rice also, he is not covered under
section 23 above. The threshold limit for registration applicable to a person exclusively engaged in
supply of goods in the State of Punjab is Rs 40 lakh. The ATO of Deshbandhu in the current year is
Rs 41 lakh [Rs 32 + 9 lakh] which exceeds the threshold limit. Thus, he will be liable to registration.
Section 23(2): Notified category of persons exempted from obtaining registration:
The Government may, on the recommendations of the Council, by notification, specify the category
of persons who may be exempted from obtaining registration under this Act.
Note: There are various notifications issued under this section which has been explained along with
section 22 and Section 24.
Circular: Registration requirement of a commission agent selling agricultural produce on

behalf of agriculturist. (Circular No. 57/31/2018-GST dated 04.09.18)
Query: Registration requirement of a commission agent selling agricultural produce on

behalf of agriculturist.
Clarification:
• Services by any APMC or board or services provided by the commission agents for sale or
purchase of agricultural produce are exempted from GST.
• Thus, the services provided by the commission agent for sale or purchase of agricultural produce
is exempted. Such commission agents (even when they qualify as agent under Schedule I) are
not liable to be registered according to section 23(1)(a) of the CGST Act, if the supply of the
agricultural produce, and /or other goods or services supplied by them are not liable to tax or
wholly exempt under GST.
• Further, according to section 24(vii) of the CGST Act, a person is liable for mandatory
registration if he makes taxable supply of goods/services/both on behalf of other taxable persons
• Accordingly, the requirement of compulsory registration for commission agent, under the said
clause shall arise when both the following conditions are satisfied, namely: -
- the principal should be a taxable person; and
CA Ramesh Soni 6.6

Registration
- the supplies made by the commission agent should be taxable.
• Generally, a commission agent under APMC Act makes supplies on behalf of an agriculturist.
• Further, as per provisions of section 23(1)(b) of the CGST Act an agriculturist who supplies
produce out of cultivation of land is not liable for registration and therefore does not fall within
the ambit of the term “taxable person‟.
• Thus, a commission agent who is making supplies on behalf of such an agriculturist, who is not a
taxable person, is not liable for compulsory registration under section 24(vii) of the CGST Act.
• However, where a commission agent is liable to pay tax under reverse charge, such an agent will
be required to get registered compulsorily u/s 24 (iii) of the CGST Act.
Section: 24 – Compulsory Registration in certain cases
Notwithstanding anything contained in section 22(1), the following categories of persons shall
be required to be registered under this Act,
(i) Persons making any inter-State taxable supply;
Notification u/s 23(2): Following categories of person exempted u/s 23(2) if ATO
upto 20/10 lacs (SCS)
1. Interstate supplier of notified handicraft goods & notified craftsmen products

when made by craftsmen predominantly by hand even though some machinery may
also be used in the process: However, such persons have obtained a PAN and have
generated an e- way bill.
2. Interstate supplier of taxable services. [NNo. 10/2017 IT dated 13.10.2017]
(ii) Casual taxable persons making taxable supply;
Section 2(20): Casual taxable person means

➢ a person who occasionally undertakes transactions involving supply of g/s/b
➢ in the course or furtherance of business,
➢ whether as principal, agent or in any other capacity,
➢ in a State/UT where he has no fixed place of business.
Notification u/s 23(2):
CTPs making inter-State taxable supplies of notified handicraft/craftsmen goods exempted up

to Rs 20/10 lakhs. However, they should have obtained a PAN & have generated an e- way bill.
(iii) Persons who are required to pay tax under reverse charge;
Notification No. 5/2017-CT, dated 19-6-2017
The persons who are only engaged in making supplies of taxable goods/services/both, the total
tax on which is liable to be paid on reverse charge basis by the recipient u/s 9(3) of the said
Act as the category of persons exempted from obtaining registration under the aforesaid Act.
Example: If RS Ltd is registered under GST and it pays an amount to its directors, on which
RCM is applicable, since it is already registered no new registration required.
(iv) Person who are required to pay tax u/s 9(5);
(v) Non-resident taxable persons making taxable supply;

Section 2(77): Non-resident taxable person means:
CA Ramesh Soni 6.7
Registration
• any person who occasionally undertakes transactions involving supply of g/s/b,
• whether as principal or agent or any other capacity,
• but who has no fixed place of business or residence in India.
(vi) Persons who are required to deduct tax u/s 51, whether or not separately registered
under this Act;
(vii) Persons who make taxable supply of g/s/b on behalf of other taxable persons
whether as an agent or otherwise;
Author’s comment: Agent supplying on behalf of principals, and if the principal is a taxable
person, agent is required to take compulsory registration.
(viii) Input Service Distributor, whether or not separately registered under this Act;
Input service distributor means

• an office of the supplier of goods or services or both which
• receives tax invoices issued towards the receipt of input services, &
• issues a prescribed document for the purposes of distributing the credit of tax paid on
services
• to a supplier of taxable g/s/b having the same PAN as that of the said office.
(ix) Persons who supply g/s/b, other than supplies specified u/s 9(5), through such ECO
who is required to collect tax at source under section 52;
Notification No. 65/2017 – Central Tax dated 15.11.17
In exercise of the powers conferred by section 23(2) of the CGST act, the Central
Government, on the recommendations of the Council, hereby specifies
• the persons making supplies of services, other than supplies specified u/s 9(5) through an
ECO who is required to collect tax at source u/s 52, and having an ATO, to be computed
on all India basis, not exceeding an amount of twenty lakh rupees in a financial year,
• as the category of persons exempted from obtaining registration under the said Act:
Provided that the aggregate value of such supplies, to be computed on all India basis, should
not exceed an amount of ten lakh rupees in case of “special category States” as specified in
the first proviso to section 22(1), read with clause (iii) of the Explanation to the said section.
Crux: Persons making supplies of services (intra/interstate) through an ECO (who is

required to collect TCS) exempt up to ATO Rs 20/10 lakhs.
(x) Every electronic commerce operator who is required to collect tax at source under
section 52.
(xi) Every person supplying online information and data base access or retrieval services
from a place outside India to a person in India, other than a registered person; and
(xii) such other person or class of persons as may be notified by the Government on the
recommendations of the Council.
CA Ramesh Soni 6.8

Registration
Registration procedures - Part II
Section 25: Procedure for Registration
Section 25(1): Person liable to be registered shall apply within 30 days
Every person who is liable to be registered u/s 22/24 shall apply for registration in every such
State/UT in which he is so liable within thirty days from the date on which he becomes liable to
registration, in such manner and subject to such conditions as may be prescribed.
Provided that a casual taxable person or a non-resident taxable person shall apply for registration
at least 5 days prior to commencement of business
Provided further that a person having a unit, as defined in the Special Economic Zones Act, 2005,
in a SEZ or being a SEZ developer shall have to apply for a separate registration, as distinct
from his place of business located outside the SEZ in the same State or Union territory.
Explanation: Every person who makes a supply from the TWI shall obtain registration in the
coastal State/UT where the nearest point of the appropriate base line is located.
Example: Casino Rummy located in TWI off the coast of Goa conducting betting and gambling
business, needs to get registered in Goa.
Rule 8: Application for registration
(1) Every person,

- other than NRTP, TDS Deductor/TCS collector, OIDAR services provider from outside India
to a NTOR
- liable to be registered u/s 25 & seeking voluntary registration u/s 25(3) shall,
before applying for registration,
- Declare his PAN, mobile no, e-mail address, State UT in Part A of FORM GST REG-01 on
common portal,
Proviso: Input service distributor shall make separate registration application as such ISD.
(2) Validation of PAN from CBDT database & mobile no and Email through OTP
(3) On successful verification of PAN, mobile no and Email - a temporary reference number (TRN)
shall be generated and Communicated to the applicant on the said mobile no. & e-mail address.
(4) Submission of Application - in Part B of GST REG-01 duly signed/verified through EVC & doc
(4A)Where an applicant, other than a person notified u/s 25(6D), opts for authentication of Aadhaar
number, he shall, while submitting the application under sub-rule (4), with effect from 21st
August, 2020, undergo authentication of Aadhaar number and
• the date of submission of the application in such cases shall be
 the date of authentication of the Aadhaar number, or
 15 days from the submission of the application in Part B of REG 01 under sub-rule (4),
whichever is earlier.
(5) Acknowledgement issued to applicant in FORM GST REG-02 on receipt of application.
(6) CTP shall be given temporary reference number for making advance deposit of tax &
acknowledgement shall be issued after deposit.
Rule 9 - Verification of the application and approval
(1)The Application shall be forwarded to PO - PO to examine application & accompanying

documents – if found to be in order, approve the grant of registration to the applicant within
seven WDs from submission.
Provided that where-
CA Ramesh Soni 6.9
Registration
(a) a person, other than a person notified under sub-section (6D) of section 25, fails to undergo
authentication of Aadhaar number as specified in sub-rule (4A) of rule 8 or does not opt for
authentication of Aadhaar number; or
(b) the proper officer, with the approval of an officer authorised by the Commissioner not below
the rank of Assistant Commissioner, deems it fit to carry out physical verification of places
of business,
the registration shall be granted within thirty days of submission of application, after physical
verification of the place of business in the presence of the said person, in the manner provided
under rule 25 and verification of such documents as the proper officer may deem fit.
(2)PO to Issue notice to seek clarification in case of deficiency in application by issuing a

notice in GST REG-03 within a seven working days (WDs) & applicant shall furnish
clarification, information or documents (CID) electronically, in GST REG-04, within 7
working days (WDs) from the date of the receipt of notice.
Provided that where-

(a) a person, other than a person notified under sub-section (6D) of section 25, fails to undergo
authentication of Aadhaar number as specified in sub-rule (4A) of rule 8 or does not opt for
authentication of Aadhaar number; or
(b) the proper officer, with the approval of an officer authorised by the Commissioner not below
the rank of Assistant Commissioner, deems it fit to carry out physical verification of places
of business,
the notice in FORM GST REG-03 may be issued not later than thirty days from the date of
submission of the application.
Explanation - For the purposes of this sub-rule, the expression "clarification" includes
modification/correction of particulars declared in the application for registration, other than PAN,
State, mobile number and e-mail address declared in Part A of GST REG-01.
(3)PO Satisfied, approve grant of registration within 7 WDs from date of receipt of such CID.
(4)No reply/PO not satisfied - he may record reasons & reject application & inform applicant in
GST REG 05.
(5) If the proper officer fails to take any action, -

(a) within a period of 7 working days from the date of submission of the application in cases
where the person is not covered under proviso to sub-rule (1); or
(b) within a period of thirty days from the date of submission of the application in cases where
a person is covered under proviso to sub-rule (1); or
(c) within a period of 7 working days from the date of the receipt of the clarification,
information or documents furnished by the applicant under sub-rule (2),
the application for grant of registration shall be deemed to have been approved.
Rule 10 - Issue of registration certificate
(1) Application approved under rule 9 – a certificate of registration in GST REG-06 showing
Principal place of Business (PPOB) & additional place or places of Business (APOB) shall be made
available to the applicant on the common portal & a Goods and Services Tax Identification
Number (GSTIN) shall be assigned (15 characters) namely:
2 9 C C B P S 7 7 0 0 R 1 Z 1
(default)
State PAN/TAN No. of Reg. in Code for checksum
code State (1-9) regular character (1-9)
reg.
CA Ramesh Soni 6.10

Registration
(2) If application submitted within 30 days of becoming liable, it is effective from date person
becomes liable.
(3) If registration applied after 30 days of becoming liable, it is effective from date of the grant.
(4) Every registration certificate to be duly signed/verified through electronic verification code by PO
(5) Where the registration has been granted under rule 9(5), the applicant shall be communicated
the registration number, and the certificate of registration under sub-rule (1), duly signed or
verified through EVC, shall be made available to him on the common portal, within a period of
three days after the expiry of the period specified in rule 9(5).
Rule 25: Physical verification of business premises in certain cases
Where the PO is satisfied that the physical verification of the place of business of a person is
required due to failure of Aadhaar authentication or due to not opting for Aadhaar authentication
before the grant of registration, or due to any other reason after the grant of registration, he may
get such verification of the place of business, in the presence of the said person, done and the
verification report along with the other documents, including photographs, shall be uploaded in GST
REG-30 on the common portal within a period of 15 working days following the date of such
verification.
Form GST Reg 30: Form for field visit report.
Rule 10A: Furnishing of Bank Account Details (within 45 days)
After a certificate of registration in FORM GST REG-06 has been made available on the
common portal and a GSTIN has been assigned,
• the registered person, except those who have been granted registration under rule 12/16,
• shall as soon as may be, but not later than 45 days from the date of grant of registration or the
date on which the return required u/s 39 is due to be furnished, whichever is earlier,
• furnish information with respect to details of bank account, or any other information, as may be
required on the common portal in order to comply with any other provision.
Rule 12: Grant of registration to persons required to deduct tax at source or to collect tax at source
Rule 16: Suo motu registration by PO
Author’s comment: For new business opening bank account was difficult without GST registration,
hence a person was allowed to obtain GST registration without bank details, but once registration is
granted a person need to amend non-core field in his GST registration and update bank details.
The time limit for updating bank details is fixed and if a person fails to furnish it within time,
registration is liable to be cancelled.
Crux:
1. Maximum time limit to furnish bank account details: Earlier of:
(a) 45 days from the date of grant of registration
(b) the date on which the return required under section 39 is due to be furnished
2. Non-furnishing of bank account details: PO may cancel registration.
3. Relaxation of furnishing bank account post registration not available to TDS deductor/TCS
collector and the person whose registration was done by PO suo-moto (i.e., they should furnish
a/c details at the time of registration).
Rule 18: Display of RC and GSTIN on the name board
(1) Every RP shall display his certificate of registration in a prominent location at his principal
place of business (PPOB) & at every additional place of business (APOB)/APOBs.
(2) Every RP shall display his Goods and Services Tax Identification Number (GSTIN) on the name
board exhibited at the entry of his PPOB & at every APOB/APOBs.
CA Ramesh Soni 6.11
Registration
Section 25(2): A person seeking registration under this Act shall be granted a single
registration in a State or Union territory
Provided that a person having multiple place of business (POB) in a State/UT may be granted
a separate registration for each such POB, subject to such conditions as may be prescribed.
Section 2(85): Place of business includes

• a place from where the business is ordinarily carried on, &
• includes a warehouse/a godown/any other place where a taxable person (TP) stores his goods,
supplies/receives g/s/b; or
• a place where a taxable person maintains his books of account; or
• a taxable person is engaged in business through an agent, by whatever name called.
Rule 11: Separate registration for multiple POBs within a State/UT.
(1)Person having Multiple POBs within ST/UT requiring separate registration may obtain
separate registration and shall be granted separate registration subject to the following
conditions: -
(a) such person has more than one POBs (warehouse/godown/place where books are maintained
etc.);
(b) such person shall not pay tax under composition for any of his POB if he is paying tax under
normal levy for any other POBs;
(c) Pay tax on supply made between registered POBs & issue a tax invoice/ a bill of supply
(BOS), for such supply.
Explanation. - For the purposes of clause (b), it is hereby clarified that where any POB of a RP
that has been granted a separate registration becomes ineligible to pay tax u/s 10, all other
registered places of business of the said person shall become ineligible to pay tax under the said
section.
(2)Separate application in FORM GST REG-01 in respect of such place of business.

(3)Rule 9 & 10 relating to the verification & the grant of registration shall apply mutatis mutandis.
Section 25(3): Voluntary registration (VR)
A person, though not liable to be registered u/s 22/24 may get himself registered voluntarily, and all
provisions of this Act, as are applicable to a registered person, shall apply to such person.
Result of VR: Person eligible to take ITC & also collects tax from customer & liable to pay even
though ATO upto 20/10 lacs.
There is no lock-in period for a person to de-register himself now, earlier it was 1 year.
Section 25(4): Distinct person
Person who has obtained/required to obtain multiple Registration, in one state/multiple states –
Such person w.r.t each registration be treated as distinct person
Section 25(5): Distinct person
Person who has obtained/required to obtain registration in 1 state/UT in respect of an

establishment, has establishment in another state/UT then such establishments shall be treated as
establishments of distinct persons.
CA Ramesh Soni 6.12

Registration
Section 25(6): PAN is mandatory for grant of Registration
Every person shall have a PAN issued under the IT Act, 1961 in order to be eligible for grant of
registration:
Proviso: TDS deductor may have a Tax Deduction and Collection Account No. (TAN) in order to be
eligible for grant of registration.
Rule 12: Grant of registration to persons required to deduct tax at source or to collect tax
at source
(1) Submit an application, in Form GST REG-07,

(1A) Physical premises not necessary in all states for ECO to obtain registration
A person applying for registration to deduct or collect tax in accordance with the provisions of
section 51, or, as the case may be, section 52, in a State/UT where he does not have a
physical presence, shall
- mention the name of the State/U in PART A of the application in FORM GST REG-07 and
- mention the name of the State/UT in PART B thereof in which the principal place of business
is located which may be different from the State or Union territory mentioned in PART A.
(2) After due verification – PO may grant within 3 WDs from the date of submission.
(3) PO may cancel: if upon an enquiry, PO is satisfied that a person no longer liable to
deduct/collect tax & cancellation shall be communicated GST REG-08.
Provided that the PO shall follow the procedure as provided in rule 22 for the cancellation of
registration.
Author’s comment: If TDS deductor is required to take registration in a state/UT where he

doesn’t have physical presence, they may mention in
▪ Part A of Form GST REG 07: State/UT name where the registration is sought
▪ Part B of Form GST REG 07: State/UT name where the principal place of business is located.
Section 25(6A):
Every registered person shall undergo authentication, or furnish proof of possession of

Aadhaar number, in such form and manner and within such time as may be prescribed:
Provided that
• if an Aadhaar number is not assigned to the registered person,
• such person shall be offered alternate and viable means of identification
• in such manner as Government may, on the recommendations of the Council, prescribe:
Provided further that

• in case of failure to undergo authentication or furnish proof of possession of Aadhaar number or
furnish alternate and viable means of identification,
• registration allotted to such person shall be deemed to be invalid and
• the other provisions of this Act shall apply as if such person does not have a registration.
Note: No notification has been issued yet.
Section 25(6B):
On and from the date of notification,

- every individual shall, in order to be eligible for grant of registration,
- undergo authentication, or furnish proof of possession of Aadhaar number,
CA Ramesh Soni 6.13
Registration
- in such manner as the Govt may, on the recommendations of the Council, specify in the said
notification:
Provided that if an Aadhaar number is not assigned to an individual, such individual shall be
offered alternate and viable means of identification in such manner as the Government may, on the
recommendations of the Council, specify in the said notification.
Notification No. 18/2020 – Central Tax dated 23.03.2020 (Effective 01.04.20)
In exercise of the powers conferred by section 25(6B) of the CGST Act, 2017, the CG, on the
recommendations of the Council, hereby notifies the date of coming into force of this
notification as the date, from which an individual shall undergo authentication, of Aadhaar
number, as specified in rule 8 of the CGST Rules, 2017, in order to be eligible for registration:
Provided that if Aadhaar number is not assigned to the said individual, he shall be offered alternate
and viable means of identification in the manner specified in rule 9 of the said rules.
Section 25(6C):
On and from the date of notification,

- every person, other than an individual,
- shall, in order to be eligible for grant of registration,
- undergo authentication, or furnish proof of possession of Aadhaar number of the
▪ Karta,
▪ Managing Director,
▪ whole time Director,
▪ such number of partners,
▪ Members of Managing Committee of Association,
▪ Board of Trustees,
▪ authorised representative,
▪ authorised signatory and
▪ such other class of persons,
- in such manner, as the Government may, on the recommendation of the Council, specify in the
said notification:
Provided that where such person or class of persons have not been assigned the Aadhaar Number,
such person or class of persons shall be offered alternate and viable means of identification in such
manner as the Govt may, on the recommendations of the Council, specify in the said notification.
Notification No. 19/2020 – Central Tax dated 23.03.20 (Effective 01.04.20)
In exercise of the powers conferred by section 25(6C) of the CGST Act, 2017, the CG, on the
recommendations of the Council, hereby notifies the date of coming into force of this notification as
the date, from which the –
(a) authorised signatory of all types;
(b)Managing and Authorised partners of a partnership firm; and
(c) Karta of a Hindu undivided family,
shall undergo authentication of possession of Aadhaar number, as specified in rule 8 of the
CGST Rules, 2017, in order to be eligible for registration under GST:
Provided that if Aadhaar number is not assigned to the said persons, they shall be offered
alternate and viable means of identification in the manner specified in rule 9 of the said rules.
CA Ramesh Soni 6.14

Registration
Section 25(6D):
The provisions of sub-section (6A) or sub-section (6B) or sub-section (6C) shall not apply
to such person or class of persons or any State or Union territory or part thereof, as the Government
may, on the recommendations of the Council, specify by notification.
Notification no. 03/2021 CT dated 23.02.21 issued in suspension of NNo. 17/2020
The provisions of sub-section (6A) or sub-section (6B) or sub-section (6C) of section 25 of

the said Act shall not apply to a person who is, -
(a) not a citizen of India; or
(b) a Department or establishment of the Central Government or State Government; or
(c) a local authority; or
(d) a statutory body; or
(e) a Public Sector Undertaking; or
(f) a person applying for registration under the provisions of sub-section (9) of section
25 of the said Act.
Section 25(7): NRTP
Notwithstanding anything contained in sub-section (6), a NRTP may be granted registration under
sub-section (1) on the basis of such other documents as may be prescribed.
Rule 13: Grant of registration to NRTP
(1) Application in GST REG 09, along with a self-attested copy of his valid passport, at least 5
days prior to the commencement of business
Proviso: If business entity incorporated outside India, the application shall be submitted along
with its tax identification number/unique no. on the basis of which the entity is identified by
Govt. of that country/its PAN, if available.
(2) He shall be given a temporary reference number for making an advance deposit of tax
& after deposit of tax acknowledgement shall be issued.
(3) The provisions of rule 9 & 10 shall apply mutatis mutandis.
(4) The application for registration made by a NRTP shall be duly signed/verified through EVC by his
authorized signatory who shall be a person resident in India having a valid PAN.
Section 25(8): If a person liable but fails, PO may proceed to register
Where a person who is liable to be registered under this Act fails to obtain registration,
- the PO may, without prejudice to any action which may be taken under this Act or under any
other law for the time being in force,
- proceed to register such person in such manner as may be prescribed.
Rule 16: Suo-moto registration (by PO)
(1) PO during survey/enquiry/inspection/search, finds that a person liable has failed to apply for
registration, PO may register the said person on a temporary basis & issue an order in FORM
GST REG-12.
(2) The registration granted under sub rule (1) shall be effective from the date of such order
granting registration.
(3) Every person to whom a temporary registration has been granted under sub rule (1) shall
within 90 days of grant of such registration,
• Submit an application for registration in the form and manner provided in rule 8/12: or
• File an appeal against such temporary registration
CA Ramesh Soni 6.15
Registration
In appeal case the application for registration shall be submitted within 30 days from the date
of the issuance of the order upholding the liability to registration by the Appellate Authority.
(4) The provisions of rule 9 & 10 shall apply mutatis mutandis.
(5) The GSTIN assigned shall be effective from the date of the order (GST Reg 12) granting
registration under sub-rule (1).
Section 25(9): Specialised Agency of UNO, MFIO, Consulate and Embassy
Notwithstanding anything contained in sub-section (1),—

(a) any specialised agency of the UNO/any Multilateral Financial Institution and Organisation notified
under the United Nations (Privileges and Immunities) Act, 1947, Consulate or Embassy of foreign
countries; and
(b) any other person or class of persons, as may be notified by the Commissioner,
shall be granted a Unique Identity Number (UIN) in such manner and for such purposes,
including refund of taxes on the notified supplies of g/s/b received by them, as may be prescribed.
Rule 17: Assignment of Unique Identity Number to certain special entities
(1) Submit an application electronically in FORM GST REG- 13,

(1A) UIN granted to a person shall be applicable to the territory of India.
(2) The PO, upon submission of an application/receiving a recommendation from the Ministry of
External Affairs, Government of India, assign a UIN & issue a RC within a period of 3
working days (WDs) from the date of the submission of the application.
Section 25(10): The registration or the UIN shall be granted/rejected after due verification in such
manner & within such period as may be prescribed. (rule 9)
Section 25(11): A certificate of registration shall be issued in such form (GST Reg 06) and with
effect from such date as may be prescribed. (rule 10)
Section 25(12): A registration or a UIN shall be deemed to have been granted after the expiry of
the period prescribed (rule 9) under sub-section (10), if no deficiency has been communicated to the
applicant within that period.
Rule 14: Grant of registration to a person supplying OIDAR services from a place outside
India to a non-taxable online recipient
(1) Application in FORM GST REG-10,

(2) Granted of registration, in FORM GST REG-06.
Section 26: Deemed Registration
(1) Grant of RC/UIN under SGST/UTGST act - deemed grant of Registration/UIN under CGST act
(2) Any Rejection of application under SGST/UTGST act - Deemed rejection of application under
CGST act.
Section 27: Special provisions relating to CTP and NRTP
(1) The certificate of registration issued to CTP/NRTP shall be valid for period specified in the
application for registration/ 90 days from the effective date of registration, whichever is earlier
& such person shall make taxable supplies only after the issuance of the certificate of
registration:
Proviso: The PO may extend the said period of 90 days by a further period not exceeding
ninety days.
CA Ramesh Soni 6.16
Registration
(2) A CTP/a NRTP shall, at the time of application to deposit estimated tax liability in advance
Proviso: In case of extension, additional estimated advance tax liability to be deposited.
(3) Amount of tax deposited, to be credited to E-cash ledger.
Rule 15: Extension in period of operation by CTP/NRTP
(1) Application in FORM GST REG-11 before the end of the validity of registration granted to him.
(2) The application shall be acknowledged only on payment of additional estimated tax liability.
Note: CTP will submit the application for registration in the normal form for application for
registration i.e., Form GST REG 01 and his registration of CTP will be a PAN based registration.
Clarifications of issues under GST related to CTP [Circular No. 71/45/18 GST dt. 26.10.18]
Issue: Whether the amount required to be deposited as advance tax while taking
registration as a casual taxable person (CTP) should be 100% of the estimated gross tax
liability or the estimated tax liability payable in cash should be calculated after deducting
the due eligible ITC which might be available to CTP?
Clarification:
• It has been noted that while applying for registration as a CTP, the FORM GST REG-1 seeks
information regarding the “estimated net tax liability” only and not the gross tax liability.
• It is accordingly clarified that the amount of advance tax which a CTP is required to deposit while
obtaining registration should be calculated after considering the due eligible ITC which might be
available to such taxable person.
Crux: CTP pays “Net estimated tax liability” in advance at the time of taking registration.
Issue: As per section 27, period of operation by CTP is 90 days with provision for
extension of same by the PO for a further period not exceeding 90 days. Various
representations have been received for further extension of the said period beyond the
period of 180 days, as mandated in law.
Clarification:
• In case of long running exhibitions (for a period more than 180 days), the taxable person cannot
be treated as a CTP and thus such person would be required to obtain registration as a normal
taxable person.
• While applying for normal registration, the said person should upload a copy of the allotment
letter granting him permission to use the premises for the exhibition & the allotment
letter/consent letter shall be treated as the proper document as a proof for his place of business.
• In such case he would not be required to pay advance tax for the purpose of registration.
• He can surrender such registration once the exhibition is over.
Crux: Before 180 days TP cannot be treated CTP, obtain registration as normal RP and surrender
such registration once the exhibition is over.
Section 28: Amendment of registration
(1) Every RP and UIN holder shall inform PO of any changes in form GST REG-14 and within 15 days
of change.
(2) PO may, on the basis of information furnished approve/reject amendments in the registration
particulars in such manner and within a period of 15 WDs.
CA Ramesh Soni 6.17
Registration
Proviso:
1. Approval of the PO shall not be required in respect of amendment of such particulars as may
be prescribed.
2. PO shall not reject the application for amendment in the registration particulars without
giving OBH
(3) Any rejection/approval of amendments under SGST/UTGST shall be deemed to be a
rejection/approval under CGST Act.
Rule 19: Amendment of registration
(1) Where there is any change in any of the particulars furnished in the application for registration in
FORM GST REG-01 or FORM GST REG-07 or FORM GST REG-09 or FORM GST REG-10 or
• for Unique Identity Number in FORM GST REG-13,
• either at the time of obtaining registration or Unique Identity Number or as amended from
time to time, the RP shall, within a period of 15 days of such change, submit an application
in GST REG-14 along with the documents relating to such change at the common portal.
Provided that:
(a) Where: Change relates to core fields
(i) Legal name of business;
(ii) Address of the PPOB/APOBs or
(iii) Addition/deletion/retirement of partners/directors, Karta, Managing Committee, Board
of Trustees, CEO/equivalent, responsible for the day-to-day affairs of the business –
which does not warrant cancellation of registration,
• the PO shall, after due verification, approve amendment within 15 working days from
date of receipt of application in GST REG-14 &
• Issue an order in GST REG-15 electronically &
• Such amendment shall take effect from the date of the occurrence of the event
warranting such amendment;
(b) the change relating to sub-clause (i) and (iii) of clause (a) in any State/UT shall be
applicable for all registrations of the registered person obtained under the provisions of this
Chapter on the same PAN;
(c) Change in non-core areas, PO approval not required

where the change relates to any particulars other than those specified in clause (a), the
certificate of registration shall stand amended upon submission of the application in FORM
GST REG-14 on the common portal;
(d) Change in PAN, no amendment-fresh registration to be obtained

where a change in the constitution of any business results in the change of the PAN of a
registered person, the said person shall apply for fresh registration in FORM GST REG-01
Proviso: Any change in mobile no./e-mail address of the authorised signatory, shall be carried
out only after online verification through OTP.
(1A)Amendment to be prospective unless specific orders from commissioner

Notwithstanding anything contained in sub-rule (1),
Any particular of the application for registration shall not stand amended with effect from a date
earlier than the date of submission of the application in FORM GST REG-14 except with the
order of the Commissioner for reasons to be recorded in writing and subject to such conditions
as the Commissioner may, in the said order, specify.
Author’s comment: Retrospective amendment only if specifically permitted by commissioner.

CA Ramesh Soni 6.18
Registration
(2) PO is of the opinion that the amendment is either not warranted/documents furnished
are incomplete/incorrect
- he may, within 15 WDs from the date of the receipt of the application,
- serve a notice in FORM GST REG-03 requiring the RP to show cause, within 7 WDs of the
service of notice, as to why the application submitted shall not be rejected.
(3) The RP shall furnish a reply in FORM GST REG-04 within 7 WDs from the date of the service of
the said notice.
(4) Where the reply furnished is found to be not satisfactory/no reply, PO shall reject the application
& pass an order in FORM GST REG-05.
(5) If the proper officer fails to take any action, -

(a) within 15 WDs from the date of submission of the application, or
(b) within 7 WDs from the date of the receipt of the reply to the SCN under sub-rule (3),
the certificate of registration shall stand amended to the extent applied for and the amended
certificate shall be made available to the registered person on the common portal.
Section 29: Cancellation or Suspension of registration
Section 29(1): The PO may, either

• on his own motion (Suo-moto) or on an application filed by the RP/by his legal heirs, in case of
death of RP,
• cancel the registration, in such manner and within such period as may be prescribed, having
regard to the circumstances
where, -
(a) the business has been discontinued, transferred fully for any reason including death/
amalgamation/demerger or otherwise disposed of; or
(b) there is any change in the constitution of the business; or
(c) the taxable person, is no longer liable to be registered under section 22 or section 24 or intends
to optout of the registration voluntarily made under section 25(3).
Provided that during pendency of the proceedings relating to cancellation of registration filed by
the RP, the registration may be suspended for such period and in such manner as may be
prescribed.
Rule 20 - Application for cancellation of registration – RP seeking
A RP, (other than TDS Deductor/TCS collector or a person holding a UIN) seeking cancellation of
registration u/s 29(1) shall electronically
• submit an application in FORM GST REG-16, including therein
- the details of inputs held in stock /inputs contained in SFGs/FGs held in stock and of capital
goods held in stock
- on the date from which the cancellation of registration is sought,
- liability thereon, the details of the payment, if any, made against such liability &
- may furnish, along with the application, relevant documents in support thereof,
- within a period of 30 days of the occurrence of the event warranting the cancellation.
Section 29(2): The PO may cancel the registration of a person from such date, including any
retrospective date, as he may deem fit, where, ––
(a) a RP has contravened such (rule 21) provisions of the Act/rules
CA Ramesh Soni 6.19

Registration
Rule 21-Registration to be cancelled in certain cases
The registration granted to a person is liable to be cancelled, if the said person, -

(a) does not conduct any business from the declared place of business; or
(b) issues invoice or bill without supply of goods or services or both in violation of the
provisions of the Act, or the rules made thereunder; or
(c) violates the Anti profiteering provisions.
(d) violates the provision of rule 10A (furnishing of Bank account details on portal)
(e) avails input tax credit in violation of the provisions of section 16 of the Act or the rules
made thereunder; or
(f) furnishes the details of outward supplies in FORM GSTR-1 under section 37 for one or
more tax periods which is in excess of the outward supplies declared by him in his valid
return under section 39 for the said tax periods; or
(g) violates the provision of rule 86B.
(b) Composition supplier has not furnished returns for three consecutive tax periods.
(c) RP, other than a composition supplier, has not furnished returns for a continuous period of 6
months
(d) any person who has taken voluntary registration has not commenced business within 6 months
from the date of registration.
(e) Registration has been obtained by means of fraud, wilful misstatement or suppression of facts
Provided that the PO shall not cancel without giving OBH.

Provided further that during pendency of cancellation, the PO may suspend the registration for
such period and in such manner as may be prescribed.
Rule-22: Cancellation of registration – PO has reason to believe that registration is liable

to be cancelled
(1) PO shall issue a notice in REG-17, to show cause, within 7 WDs from the date of the
service of notice, as to why his registration shall not be cancelled.
(2) Reply to SCN shall be furnished in Form REG–18 within 7 WDs.
(3) Where a person who has submitted an application for cancellation of his registration is
no longer liable to be registered or his registration is liable to be cancelled,
• the proper officer shall issue an order in FORM GST REG-19, within a period of thirty days
• from the date of application submitted under rule 20 or, as the case may be, the date of the
reply to the show cause issued under sub-rule (1), or under sub-rule (2A) of rule 21A
• cancel the registration, with effect from a date to be determined by him and notify the
taxable person,
• directing him to pay arrears of any tax, interest or penalty including the amount liable to be
paid under sub section (5) of section 29.
(4) Where the reply furnished under sub-rule (2), or in response to the notice issued under
sub-rule (2A) of rule 21A is found to be satisfactory, PO shall drop the proceedings & pass an
order Form REG – 20.
Proviso: the PO shall drop the proceedings & pass an order in REG 20
Provided that where the person instead of replying to the notice served under sub-rule (1) for
contravention of the provisions contained in clause (b)/(c) of section 29(2), furnishes all the
pending returns and makes full payment of the tax dues along with applicable interest and late
fee, the proper officer shall drop the proceedings and pass an order in GST REG 20.
(5) The provisions of sub-rule (3) shall, mutatis mutandis, apply to the legal heirs of a deceased
proprietor, as if the application had been submitted by the proprietor himself.
CA Ramesh Soni 6.20

Registration
Section 29(3): Person liable to pay dues relating to prior period even if registration
cancelled.
The cancellation of registration under this section shall not affect the liability of the person to pay
tax and other dues under this Act or to discharge any obligation under this Act or the rules made
thereunder for any period prior to the date of cancellation whether or not such tax and other dues
are determined before or after the date of cancellation.
Section 29(4): Cancellation of registration under SGST/UTGST act, deemed cancellation

under CGST Act.
Section 29(5): Payment of liability upon cancellation of registration

Every RP whose registration is cancelled shall pay an amount, by way of debit in e-credit/e-cash
ledger, Equivalent to
• the ITC in respect of inputs held in stock & inputs in SFs/FGs held in stock or capital goods or
plant and machinery on the day immediately preceding the date of such cancellation or
• the output tax payable on such goods,
whichever is higher, calculated in such manner as may be prescribed.
Proviso: in case of capital goods or plant and machinery,

• the taxable person shall pay an amount equal to the ITC taken on the said CGs or p & m,
▪ reduced by such percentage points as may be prescribed or
▪ the tax on the transaction value
whichever is higher.
Section 29(6): The amount payable under sub-section (5) shall be calculated in such
manner as may be prescribed (rule 44).
Rule 44: Manner of reversal of credit under special circumstances
(1) The amount of ITC relating to inputs held in stock, inputs contained in SFGs & FGs held in stock,
& CGs held in stock shall, be determined in the following manner, namely, —
(a) for inputs held in stock & contained in SFGs & FGs held in stock, the ITC shall be calculated
proportionately on the basis of the corresponding invoices on which credit had been availed
by the registered taxable person on such inputs;
(b) for capital goods held in stock, the input tax credit involved in the remaining useful life in
months shall be computed on pro rata basis, taking the useful life as five years.
Illustration:
Capital goods have been in use for 4 years, 6 month and 15 days.
The useful remaining life in months= 5 months ignoring a part of the month
Input tax credit taken on such capital goods= C
Input tax credit attributable to remaining useful life= C multiplied by 5/60
(2) The amount shall be determined separately for ITC of CT, ST, UT tax and IT.
(3) Where the tax invoices related to the inputs held in stock are not available, the RP shall
- Estimate the amount under sub-rule (1) based on the prevailing market price of the goods
on the effective date of the occurrence of the events.
(4) The amount determined under (1) shall form part of the output tax liability of the RP and the
details of the amount shall be furnished and in FORM GSTR-10(final return).
(5) The details furnished under sub-rule (3) shall be duly certified by a practicing-chartered
accountant/ cost accountant.
CA Ramesh Soni 6.21
Registration
Rule 21A: Suspension of registration
(1) Where a RP has applied for cancellation – Pending cancellation, the registration shall be deemed
to be suspended:
- from the date of submission of the application or
- the date from which the cancellation is sought,
whichever is later.
(2) Where the PO has reason to believe that registration is liable to be cancelled, he may,
suspend the registration with effect from a date to be determined by him, pending the
completion of the proceedings for cancellation.
(2A)Where, a comparison of the returns furnished by a registered person under section 39 with
(a) the details of outward supplies furnished in FORM GSTR-1; or
(b) the details of inward supplies derived based on the details of outward supplies furnished by
his suppliers in their FORM GSTR-1,
or such other analysis, as may be carried out on the recommendations of the Council, show that
there are significant differences or anomalies indicating contravention of the provisions of the Act
or the rules made thereunder, leading to cancellation of registration of the said person, his
registration shall be suspended and the said person shall be intimated in GST REG-31,
electronically, on the common portal, or by sending a communication to his e-mail address
provided at the time of registration or as amended from time to time, highlighting the said
differences and anomalies and asking him to explain, within a period of 30 days, as to why his
registration shall not be cancelled.
(3) A RP, whose registration has been suspended under sub-rule (1) or sub-rule (2), or sub-rule
(2A) shall not make any taxable supply & shall not be required to furnish any return u/s 39.
Explanation. - For the purposes of this sub-rule, the expression "shall not make any taxable
supply" shall mean that the registered person shall not issue a tax invoice and, accordingly, not
charge tax on supplies made by him during the period of suspension.
(3A)A RP, whose registration has been suspended under sub-rule (2) or (2A), shall not be granted
any refund u/s 54, during the period of suspension of his registration.
(4) The suspension of registration under sub-rule (1) or sub-rule (2) or sub-rule (2A) shall be
deemed to be revoked upon completion of the cancellation proceedings by the PO & such
revocation shall be effective from the date on which the suspension had come into effect.
Provided that the suspension of registration under this rule may be revoked by the PO,
anytime during the pendency of the proceedings for cancellation, if he deems fit.
(5) Where any order having the effect of revocation of suspension of registration has been passed,
the provisions of clause (a) of sub-section (3) of section 31 and section 40 in respect of the
supplies made during the period of suspension and the procedure specified therein shall apply.
Section 30: Revocation of cancellation of registration
(1) Subject to such conditions as may be prescribed, any RP, whose registration is cancelled by the
PO on his own motion, may apply to such officer for revocation of cancellation of the registration
in the prescribed manner within thirty days from the date of service of the cancellation order.
CA Ramesh Soni 6.22

Registration
Provided that such period may, on sufficient cause being shown, and for reasons to be
recorded in writing, be extended,—
(a) by the Additional Commissioner or the Joint Commissioner, as the case may be, for
a period not exceeding thirty days;
(b) by the Commissioner, for a further period not exceeding thirty days, beyond the
period specified in clause (a).
(2) The PO in such manner and within such period as may be prescribed, by order, either revoke
cancellation of the registration or reject the application:
Provided that the application for revocation of cancellation of registration shall not be rejected
unless the applicant has been given an opportunity of being heard.
(3) The revocation of cancellation of registration under the State Goods and Services Tax Act or the
Union Territory Goods and Services Tax Act, as the case may be, shall be deemed to be a
revocation of cancellation of registration under this Act.
Rule 23: Revocation of cancellation of registration
(1) A RP,whose registration is cancelled by the PO on his own motion, may

• submit an application in REG-21, to such PO,
• within 30 thirty days from the date of the service of the order of cancellation.
• or within such time period as extended by the Additional Commissioner or the
Joint Commissioner or the Commissioner, as the case may be, in exercise of the
powers provided under the proviso to sub-section (1) of section 30,
at the common portal, either directly or through a Facilitation Centre notified by the
Commissioner:
Proviso:
1. Registration cancelled due to non-filing of return – file for revocation only after furnish
returns, paying amount due as tax, along with amount payable towards interest, penalty and
late fees.
2. All returns due for the period from
• the date of the order of cancellation of registration
• till the date of the order of revocation of cancellation of registration
shall be furnished by the said person within 30 days from the date of order of revocation of
cancellation of registration:
3. Where the registration has been cancelled with retrospective effect, the RP shall
furnish all returns relating to period from
• the effective date of cancellation of registration
• till the date of order of revocation of cancellation of registration
within 30 days from the date of order of revocation of cancellation of registration.
(2) (a) If PO is satisfied, that there are sufficient grounds for revocation, he shall revoke the
cancellation by an order in REG-22 within a period of 30 days from the date of the receipt of the
application.
(b) The PO may, for reason in writing, by an order in REG- 05, reject the application for
revocation of cancellation.
(3) The PO shall, before passing rejection order, issue a notice in GST Reg 23 requiring the applicant
to show cause as to why the application submitted for revocation should not be rejected and the
applicant shall furnish the reply within a period of seven working days from the date of the
service of the notice in FORM GST REG-24.
CA Ramesh Soni 6.23

Registration
(4) Upon receipt of the information or clarification in FORM GST REG-24, the proper officer shall
proceed to dispose of the application in the manner specified in sub-rule (2) within a period of
thirty days from the date of the receipt of such information or clarification from the applicant.
Rule 26: Method of authentication
(1) All applications, including reply, if any, to the notices, returns including the details of outward
and inward supplies, appeals or any other document required to be submitted under the
provisions of these rules shall be so submitted electronically with digital signature certificate or
through e-signature as specified under the provisions of the Information Technology Act, 2000 or
verified by any other mode of signature or verification as notified by the Board in this behalf:
Provided that a registered person registered under the provisions of the Companies Act, 2013
shall furnish the documents or application verified through digital signature certificate.
(2)Each document including the return furnished online shall be signed or verified
through electronic verification code-
(a) in the case of an individual, by the individual himself or where he is absent from India,
by some other person duly authorised by him in this behalf, and where the individual is
mentally incapacitated from attending to his affairs, by his guardian or by any other person
competent to act on his behalf;
(b) in the case of a HUF, by a Karta and where the Karta is absent from India or is mentally
incapacitated from attending to his affairs, by any other adult member of such family or by
the authorised signatory of such Karta;
(c) in the case of a company, by the CEO or authorised signatory thereof;
(d) in the case of a Government or any Governmental agency or local authority, by an
officer authorised in this behalf;
(e) in the case of a firm, by any partner thereof, not being a minor or authorised signatory
thereof;
(f) in the case of any other association, by any member of the association or persons or
authorised signatory thereof;
(g) in the case of a trust, by the trustee or any trustee or authorised signatory thereof; or
(h) in the case of any other person, by some person competent to act on his behalf, or
by a person authorised in accordance with the provisions of section 48.
(3) All notices, certificates and orders under the provisions of this Chapter shall be issued
electronically by the PO or any other officer authorised to issue such notices/certificates or
orders, through digital signature certificate or through e-signature as specified under the
provisions of the Information Technology Act, 2000 or verified by any other mode of signature or
verification as notified by the Board in this behalf.
CA Ramesh Soni 6.24

1 CA Final IDT - TextBook Ver 7 - CA Ramesh Soni - Samples

Uploaded by

Copyright:

Available Formats

1 CA Final IDT - TextBook Ver 7 - CA Ramesh Soni - Samples

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

1 CA Final IDT - TextBook Ver 7 - CA Ramesh Soni - Samples

Uploaded by

Copyright:

Available Formats

CHARTMASTER’s

INDIRECT TAX LAWS

CA, CMA Final & CS Professional

Ramesh Soni Classes | Bangalore | 9353619482 | 7483378296

On Indirect Tax Laws

Laws stated in this book is amended upto 31st October, 2021

No part of this publication may be reproduced, distributed, transmitted or copied in

All disputed are subject to Bangalore jurisdiction only.

This publication is for private circulation only.

1. GST: Introduction, Overview & Administration 1.1 – 1.11

2. Supply 2.1 – 2.27

3. Nature of Supply 3.1 – 3.4

4. Charge of GST 4.1 – 4.15

5. Composition levy 5.1 – 5.7

6. Registration 6.1 – 6.24

7. Exemptions from GST 7.1 – 7.42

8. Value of Supply 8.1 – 8.15

9. Tax Invoice, Credit and Debit Notes 9.1 – 9.24

10. Accounts and Records 10.1 – 10.6

11. E-way bill 11.1 – 11.11

12. Time of Supply 12.1 – 12.8

13. Input Tax Credit 13.1 – 13.29

14. Job Work 14.1 – 14.8

15. Input service distributor 15.1 – 15.4

16. Payment of Tax 16.1 – 16.10

17. TDS and TCS 17.1 – 17.9

18. Returns 18.1 – 18.25

19. Advance Ruling 19.1 – 19.5

20. Assessment 20.1 – 20.5

21. Audit 21.1 – 21.3

22. Inspection, Search, Seizure and Arrest 22.1 – 22.10

23. Demands and Recovery 23.1 – 23.16

24. Appeals and Revision 24.1 – 24.16

25. Liability to Pay in Certain Cases 25.1 – 25.6

26. Offences and Penalties 26.1 – 26.12

27. Place of Supply 27.1 – 27.25

28. Imports under GST 28.1 – 28.9

29. Exports under GST 29.1 – 29.11

30. Refunds 30.1 – 30.26

31. Miscellaneous Provisions 31.1 – 31.19

Sl No. Particulars Page No.

1. Levy and Exemption from Custom duty 1.1 – 1.18

2. Importation, Exportation and Transportation of goods 2.1 – 2.18

3. Classification of Goods 3.1 – 3.8

4. Valuation under Customs 4.1 – 4.23

5. Types of Duties 5.1 – 5.26

6. Baggage, Post or Courier & Stores 6.1 – 6.13

7. Assessment and Audit 7.1 – 7.10

8. Duty Drawback 8.1 – 8.18

9. Refund 9.1 – 9.5

12. Foreign Trade Policy 12.1 – 12.26

A Note for All My Students

Headings Blue and Yellow

What is GST – Goods and Services Tax?

As per Article 366: Definitions of Goods and Services Tax

Various features of GST are as under:

• GST is a tax on supply of goods or services or both.

Pre and Post GST Scenario

Tax Goods/ Taxable Event Tax Imposed Taxable levied by