Appellate Authority under GST lacks remand power, with an exception in specific cases outlined in Section 75 of the CGST Act, 2017.
The clearing and forwarding service is very complicated issue in past and present tax structure and having always litigation area, as regard POS, classification of service and valuation of service and due to its various scenario.
Whether a supply is composite or not, invoice or agreement is not a deciding factor In Customs and Excise Commissioners v . British Telecommunications plc , Lord Slynn of Hadley considered whether delivery was ancillary or incidental to a supply of cars or whether it was separately identifiable. In concluding that, as a matter of commercial reality, there was one contract for a delivered car, Lord Slynn found it necessary to consider all of the circumstances of the supply and said: ‘… the fact that separate charges are identified in a contract or on an invoice does not on a consideration of all the circumstances necessarily prevent all the supplies from constituting one composite transaction nor does it prevent one supply from being ancillary to another supply which for VAT purposes is the dominant supply … the essential features of a transaction may show that one supply is ancillary to another and that it is the latter that for VAT purposes is to be treated as the supply.it is a composite supply even if separate charge are identified in invoice.’
Transfer/disposal of goods or right in goods, Gift to employee, free sample, Buy one get one free, replacement under warranty, GST on motor vehicle, under GST act 2017. 17(5) notwithstanding anything contained in sub-section (1) of section 16 and subsection (1) of section 18,
In case of import credit cannot be availed unless goods are received by registered person in the registered state or you have to take registration in the state from where you are willing to supply directly without receiving the goods to registered place of business.
The GST is destination base consumption Tax that mean Tax will goes to consumption state. The purpose of GST free flow of goods between the states. India become a one market with one tax rate. Some expert has given view that in case of ex-factory supply the POS shall be the place of supplier’s state.
If we received advance payment for service the point of taxation will be the date of receipt of advance. If we received advance as on 26.06.2017 then point of tax will be 26.06.2017 and the transaction shall attract service tax.
where goods forming part of the assets of a business are transferred or disposed of by or under the directions of the person carrying on the business so as no longer to form part of those assets, whether or not for a consideration, such transfer or disposal is a Supply of goods by the person
Section 17 of CGST Act, 2017 deal with apportionment and blocking of the Credit. On other hand Government has notified the rate of GST for services where the credit for some service provider such as transport of goods and passenger and Foremen service for chit Fund has block either fully or restricted manner.
Seven points, why Input Tax credit availed in one state cannot be utilized for payment of CGST/SGST/IGST liability of other state of the registered person under same PAN. The different view has comes and also there is huge confusion about the utilization of Input tax credit, outside the state. The act has not clearly provide about that whether credit availed in one state can be utilized against the liability in other state of the registered person under same PAN.
