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Commentaries
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CHAPTER 1 GST - IDEA WHOSE TIME HAS COME
1.1 Background of GST
1.2 Constitution Amendments made effective
1.3 What is Goods and Services Tax
1.4 Expected rates of GST
1.5 Transitional provisions
1.6 GST Compensation Cess on goods and services
1.7 Abolition of other duties and taxes
1.8 Goods and Service Taxes Council
1.9 Information Technology Network
1.10 Central Clearing Agency to adjust IGST credit
1.11 Compromised GST
1.12 IGST, concept of 'supply' instead of 'sale' and reduction of distinction between goods and services are game changers
1.13 Worry that dealers all over India will try to reduce their inventory as on 31-3-2017
1.14 Conclusion
CHAPTER 2 TAXABLE EVENT IN GST
2.1 Meaning of taxable event
2.2 General Meaning of 'supply'
2.3 Transactions that will be taxable as 'supply' even if no consideration
2.4 Business
2.5 Deemed supply of goods and services
2.6 Activities which are neither supply of goods nor supply of services
2.7 Services provided by Government or local authority which are not taxable
CHAPTER 3 SUPPLY OF GOODS
3.1 Meaning of 'goods'
3.2 Intangibles can be 'goods'
3.3 Actionable claim
3.4 Supply of goods by clubs or associations
3.5 Supply of goods at future date - Hire purchase and financial lease
3.6 Securities is neither 'goods' nor 'service'
CHAPTER 4 SUPPLY OF SERVICE
4.1 Meaning of 'services'
4.2 Development of software is service
4.3 Leasing or renting of land and building is 'supply of service'
4.4 Construction Service
4.5 Intellectual property related services
4.6 Refrain from Act or tolerating an Act
4.7 Works Contract service
4.8 Transfer of right to use goods
4.9 Supply of food or drinks as part of service is supply of service
4.10 Service does not include money
CHAPTER 5 VALUE OF TAXABLE SUPPLY OF GOODS AND SERVICES
5.1 Transaction value is basis for valuation
5.2 Discount or incentive given after supply
5.3 Meaning of 'consideration'
5.4 Determination of value when value not ascertainable
5.4A GST Valuation Rules
5.5 Supplies to related person
5.6 Goods transferred to same person or agent or principal
5.7 Determination of value of supply by comparison
5.8 Computed method to determine value of supply
5.9 Residual method of valuation
5.10 Rejection of declared value by proper officer
5.11 Valuation in case of Money Changer
CHAPTER 6 EXEMPTION FROM GST BY ISSUE OF NOTIFICATION
6.1 Power to Government to grant exemption
6.2 Absolute exemption compulsory
6.3 Exemption in exceptional circumstances
6.4 Retrospective insertion of clarification to exemption notification
6.4A Burden of proof on party claiming exemption
6.5 Strict construction of exemption notification
6.6 Purposive interpretation of exemption notification
6.7 Relevance of End Use in exemption notification
6.8 Promissory Estoppel in exemption notifications
CHAPTER 7 EXEMPTIONS AND COMPOSITION SCHEMES FOR SMALL TAXABLE PERSONS
7.1 Relief to small taxable persons
7.2 Composition scheme for small taxable persons supplying goods
7.3 Principles applicable to composition schemes
CHAPTER 8 CLASSIFICATION OF GOODS AND SERVICES
8.1 Need for classification
8.2 Overview of HSN
8.3 Description of services
CHAPTER 9 VAT CONCEPT AND ITS APPLICATION IN GST
9.1 Background of VAT
9.2 Basic Concept of VAT
9.3 VAT is consumption based tax
9.4 'Manufacturing States' or 'Producing States' will suffer in Vat system
9.5 Revenue Neutral Rate to get same tax revenue
9.6 Zero rated and exempt transactions in GST
9.7 Highlights of scheme of GST
9.8 Broad provisions regarding availability of input tax credit
CHAPTER 10 INPUT TAX CREDIT (ITC)
10.1 ITC is core provision of GST
10.2 Manner of taking input tax credit
10.3 Requirements for availing Input Tax Credit
10.4 Proportionate ITC when party used for business or taxable supplies
10.5 Negative list of goods and services ineligible for ITC
10.6 Input Tax Credit of capital goods
10.7 Merger, amalgamation or sale of business
10.8 Reversal of input tax credit if goods become exempt or taxable person switches to composition scheme
10.9 Recovery of ITC wrongly taken
10.10 Transitional provisions of ITC at the time of switching
10.11 Input Service Distributor (ISD)
CHAPTER 11 ILLUSTRATIONS OF UTILIZATION OF INPUT TAX CREDIT
11.1 Simple illustrations to understand GST principle
11.2 Both receipt and supply of goods and services in same State
11.3 Input goods and services used for taxable and exempted goods and services
11.4 Receipt of goods and services within State but supply of goods and services outside the State
11.5 Receipt of goods and services inter-State but supply of goods and services within the State
11.6 Receipt of goods and services inter-State and supply of goods and services also inter-state
CHAPTER 12 PERSON AND TAXABLE PERSON
12.1 Person liable to pay tax
12.2 Meaning of 'Person'
12.3 Partnership firm
12.4 Proprietary concern or firm
12.5 Hindu Undivided Family (HUF)
12.6 Association of Persons or Body of Individuals
12.7 Revenue Sharing Type Unincorporated Joint Venture when would be AOP
CHAPTER 13 REVERSE CHARGE
13.1 Meaning of reverse charge
13.2 General provisions applicable where reverse charge applies
13.3 Supply of Goods and services liable for reverse charge
CHAPTER 14 PLACE OF SUPPLY OF GOODS AND SERVICES WITHIN INDIA
14.1 Importance of place of supply
14.2 Place of supply of goods if supply is within India
14.3 Supply of goods by transfer of documents during movement of goods
14.4 Place of supply of services if location of supplier and recipient of service is in India
14.5 Place of supply of service within India in normal situations
14.6 The place of supply of services in cases relating to immovable property or lodging in boat or vessel within India
14.7 Performance bases services like Restaurant, beauty treatment, health services within India
14.8 Training and performance appraisal service within India
14.9 Admission to events within India
14.10 Other event based services within India
14.11 Transportation of goods within India
14.12 Passenger transportation service within India
14.13 Service on board a conveyance originating from India
14.14 Telecommunication service, data transfer, broadcasting, DTH within India
14.15 Banking and other financial services within India
14.16 Insurance service within India
14.17 Advertisement services to Government within India
14.18 Broad analysis of definition of place of supply of service within India
CHAPTER 15 PLACE OF SUPPLY IN CASE OF EXPORT OR IMPORT OF GOODS AND SERVICES
15.1 Place of supply when supplier or recipient is outside India
15.2 Place of supply in case of imports and exports of goods
15.3 Export and import of services
15.4 Place of supply in case of export or import of service
15.5 Place of supply in case of performance on goods made available by service recipient
15.6 Services where physical presence of person is required
15.7 Services directly in relation to immovable property
15.8 Services relating to admission or organization of events
15.9 Services supplied by Bank, NBFC or Financial Institution to account holders
15.10 Services by intermediary i.e. commission agent
15.11 Services of hiring of means of transport
15.12 Services of transportation of goods
15.13 Services on Board a conveyance
15.14 Online information and database access or retrieval services
15.15 Avoidance of double taxation
CHAPTER 16 TIME OF SUPPLY OF GOODS AND SERVICES
16.1 Liability of GST on basis of time of supply
16.2 Time of supply of goods
16.3 Time of supply when GST on goods payable on reverse charge basis
16.4 Time of supply in case of supply of vouchers for goods
16.5 Date of supply in other situations
16.6 Time of supply of services
16.7 Time of supply of service when GST on services is payable on basis of reverse charge
16.8 Supply of voucher for services
16.9 Time of supply of service in other cases
16.10 Time of supply in case of change in rate of tax in respect of supply of services
CHAPTER 17 GOVERNMENT RELATED ACTIVITIES
17.1 Government and local authorities are subject to service tax unless exempted
17.2 Services provided by Government which will not be subject to GST
CHAPTER 18 BASIC PROCEDURES IN GST
18.1 Background
18.2 Administration of GST
18.3 Proper Officer
18.4 Competent Authority
18.5 Accounts and other records
18.6 Records of inventory even by unregistered person
18.7 Demand if goods are not properly accounted for
18.8 Audit by Chartered/Cost Accountant
18.9 Period of retention of accounts
CHAPTER 19 REGISTRATION UNDER GST
19.1 Requirement of registration
19.2 Requirements of registration
19.3 Issue or rejection of Registration or UIN within pres-cribed period
19.4 Provisions relating to casual taxable person and non-resident taxable person
19.5 Amendment of registration
19.6 Cancellation of GST registration
19.7 Revocation of cancellation of registration
19.8 Persons not required to register under GST
19.9 Procedures for GST Registration
19.10 Issue of registration certificate
19.11 Separate Registrations for multiple business verticals within a State
19.12 Registration to persons required to deduct tax at source or collect tax at source
19.13 Assignment of unique identity number to certain special entities
19.14 Display of registration certificate and GSTIN in name board
19.15 Grant of registration to non-resident taxable person
19.16 Amendment to Registration
19.17 Suo motu registration by proper officer
19.18 Application for cancellation of registration
19.19 Cancellation of registration by proper officer
19.20 Revocation of cancellation of registration
19.21 Migration of persons registered under Earlier Law
19.22 Method of authentication of applications
19.23 Extension in period of operation by casual taxable person and non-resident taxable person
19.24 Physical verification of business premises in certain cases
19.25 List of forms relating to registration
CHAPTER 20 TAX INVOICE, CREDIT AND DEBIT NOTES
20.1 Background
20.2 Tax Invoice in respect of goods
20.3 Tax Invoice in respect of services
20.4 Issue of revised invoices for period prior to registration
20.5 Bill of Supply when no tax invoice required
20.6 Receipt voucher in case of receipt of advance
20.7 Invoice when GST payable under reverse charge if supplier not registered
20.8 Tax cannot be collected by unregistered taxable person in his invoice
20.9 Amount of tax to be indicated in tax invoice and other documents
20.10 Credit and debit notes
20.11 Procedure relating to tax invoice, credit and debit notes
20.12 Tax invoice
20.13 Manner of Issuing Invoice
20.14 Bill of supply
20.15 Supplementary tax invoice and Credit or debit notes
20.16 Tax Invoice of Input Service Distributor
20.17 Consignment note sufficient in case of Goods Transport Agency
20.18 Ticket sufficient in case of passenger transportation service
CHAPTER 21 PAYMENT OF TAXES AND ADJUSTMENT OF CREDITS
21.1 Electronic payment of tax, interest, penalty and other amounts
21.2 Utilisation of amount in electronic cash ledger
21.3 Utilisation of amount in electronic credit ledger
21.4 Refund of balance to credit of ledger
21.5 Electronic Liability Register (ELR) for recording liability of a taxable person
21.6 Sequence of discharge of tax and dues by taxable person
21.7 Incidence of tax deemed to have been passes
21.8 Interest on delayed payment of tax
21.9 Adjustment of credit between State Government and Central Government
21.10 Procedures relating to payments and electronic ledgers
21.11 Electronic Credit Ledger
21.12 Electronic Cash Ledger
21.13 Unique Identification Number (UIN) for each transaction
21.14 List of Forms under Payment Rules
21.15 Liability of partners of firm to pay tax
21.16 Liability of guardians, trustees etc
21.17 Liability of Court of Wards etc.
21.18 Liability if a person dies
21.19 Liability in case of HUF or AOP
CHAPTER 22 RETURNS UNDER GST
22.1 Background
22.2 Furnishing details of outward supplies within ten days
22.3 Furnishing details of inward supplies within 15 days
22.4 Monthly/Quarterly Returns
22.5 Claim of input tax credit and provisional acceptance
22.6 Matching, reversal and reclaim of input tax credit
22.7 Matching, reversal and reclaim of reduction in output tax liability by credit note
22.8 Annual return
22.9 Final return after cancellation of GST registration
22.10 Notice to persons defaulting in filing return
22.11 Late fee for late filing of details and returns
22.12 Tax Return Preparers
22.13 Procedures relating to Returns under GST
22.14 Submission of monthly return
22.15 Submission of quarterly return by the composition supplier
22.16 Return by non-resident taxable person
22.17 Return by an input service distributor
22.18 Return by a person required to deduct tax at source
22.19 Statement of supplies effected through e-Commerce
22.20 Notice to non-filers of returns
22.21 Matching of claim of input tax credit
22.22 Matching of claim of reduction in the output tax liability
22.23 Matching of details furnished by the e-Commerce operator with the details furnished by the supplier
22.24 Annual return
22.25 Final return on closure of business
22.26 Details of inward supplies of persons having Unique Identity Number
22.27 Tax Return Preparer
22.28 List of GST Returns/Statements to be furnished by Registered Persons and TRP
CHAPTER 23 JOB WORK
23.1 Special provisions for job work
23.2 Special procedure for removal of inputs or capital goods for job work
23.3 Input Tax Credit of inputs and capital goods sent for job work
23.4 Transitory provisions in respect of goods sent to job worker prior to appointment day
CHAPTER 24 ASSESSMENT AND AUDIT
24.1 Meaning of 'assessment'
24.2 Provisional Assessment
24.3 Scrutiny of returns
24.4 Best Judgment Assessment of non-filers of returns
24.5 Best judgment Assessment of unregistered persons
24.6 Summary assessment in certain special cases
24.7 Assessment, adjudication, notice etc. not to be invalid on minor grounds
24.8 Audit by tax authorities
24.9 Special audit by Chartered/Cost Accountant
24.10 Power of CAG to call for information for audit
CHAPTER 25 DEMANDS AND RECOVERY
25.1 Demands for tax short paid or not paid or erroneously refunded
25.2 Demand when no charge of fraud, wilful mis-statement or suppression of facts
25.3 Meaning of fraud or any wilful mis-statement or suppression of facts to evade tax
25.4 General provisions relating to demand of tax
25.5 Tax collected but not deposited with Government
25.6 CGST/SGST paid when IGST was payable and vice versa
25.7 Recovery of tax
25.8 No recovery if appeal is pending
25.9 Payment of tax and other amount in instalments
25.10 Transfer of property to be void in certain cases
25.11 Tax to be first charge on property
25.12 Provisional attachment to protect revenue in certain cases
25.13 Continuation and validation of certain recovery proceedings
25.14 Liability in case of transfer of business
25.15 Liability of agent and principal
25.16 Liability in case of amalgamation/merger of companies
25.17 Liability in case of company in liquidation
25.18 Liability of directors of private company
25.19 Liability of partners and LLP of firm to pay tax
25.20 Liability of guardians, trustees etc.
25.21 Liability of Court of Wards etc.
25.22 Liability if a person dies
25.23 Liability in case of HUF or AOP
CHAPTER 26 REFUND IN GST
26.1 Refund of tax and interest
26.2 Doctrine of unjust enrichment in case of refund of GST
26.3 Application and procedure of refund
26.4 Relevant date for filing refund claim
26.5 Interest on delayed refunds
26.6 Consumer Welfare Fund
26.7 Procedures relating to refunds
26.8 Application for refund of tax, interest, penalty, fees or any other amount
26.9 Grant of provisional refund
26.10 Order sanctioning refund
26.11 Credit of the amount of rejected refund claim
26.12 Sanctioning interest on delayed refunds
26.13 Refund of tax on inward supplies in specified cases
26.14 Forms under Refund Rules
CHAPTER 27 POWERS OF GST OFFICERS
27.1 Powers to enable officers to implement law
27.2 Seizure of goods, documents, books or things
27.3 Transit checks - Inspection of goods in movement
27.4 Power to arrest
27.5 Power to summon persons to give evidence and produce documents
27.6 Access to business premises for inspection and audit
27.7 Officers required to assist CGST/SGST officers
CHAPTER 28 OFFENCES AND PENALTIES
28.1 Offences under GST Law
28.2 Other offences
28.3 General i.e. residual penalty
28.4 General disciplines related to penalty
28.5 Detention of goods and conveyances, and levy of penalty
28.6 Confiscation of goods and/or conveyance levy of penalty
28.7 Confiscation of conveyances
28.8 Confiscation or penalty not to interfere with other punishments
CHAPTER 29 APPEALS AND CGST AND SGST
29.1 Appeals against adjudication order
29.2 Appeals to First Appellate Authority
29.3 Revisional powers of Chief Commissioner or Commissioner in case of SGST
29.4 Constitution of the National Appellate Tribunal
29.5 Appeal to Appellate Tribunal
29.6 Orders of Appellate Tribunal
29.7 Procedure of Appellate Tribunal
29.8 Appearance by authorised representative
29.9 Appeal to the High Court
29.10 Appeal to the Supreme Court
29.11 Constitutional remedies in indirect taxes
CHAPTER 30 PROSECUTION AND COMPOUNDING
30.1 Civil and criminal liabilities for Offences
30.2 Prosecution for Offences under GST Law
30.3 Cognizance of offences
30.4 Presumption of culpable mental state
30.5 Relevancy of statements under certain circumstances
30.6 Offences by Companies and certain other persons
30.7 Compounding of offences
CHAPTER 31 ELECTRONIC COMMERCE
31.1 Background
31.2 Tax Collection at Source (TCS) by electronic commerce operator
CHAPTER 32 MISCELLANEOUS ISSUES IN GST
32.1 Anti-Profiteering Measure
32.2 Tax deduction at source (GST TDS)
32.3 Advance Ruling
32.4 Presumption as to documents in certain cases
32.5 Admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence
32.6 GST compliance rating
32.7 Obligation to furnish information return by various authorities
32.8 Power to collect statistics
32.9 Taking assistance from an IT professional
32.10 Drawal of samples
32.11 Persons discharging functions under the Act shall be deemed to be public servants
32.12 Publication of information respecting persons in certain cases
CHAPTER 33 GST COMPENSATION CESS
33.1 Background of GST Compensation Cess
33.2 Levy of GST Compensation Cess by Central Government
33.3 Input Tax Credit of GST Compensation Cess
33.4 Other provisions relating to GST Compensation Cess
CHAPTER 34 CONSTITUTIONAL BACKGROUND OF GST
34.1 Relevance of Constitutional provisions
34.2 Deemed sale of goods under Constitution
34.3 Restrictions on powers of taxation
34.4 Distribution of revenues between Union and States
34.5 Constitution of GST Council
34.6 Stand-alone amendments which are not part of Constitution
34.7 Principle of interpretation of entries in Constitution