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.
Presently the SME manufacture has not liable to pay excise up to a turnover of RS 150 Lacks but in GST scenario he has to pay GST where his turnover has exceed the RS 20 lacks. The SME manufacture has face huge completion with the big player of the related market which has already has a reputed share of market demand, and a product who has a brand value.
1. The works contract (Including any transfer of property in goods in the execution of contract) related to immovable property shall be treatedas supply of service. Works contract as well as sale of under construction apartment shall be subjected to GST.
Free supplies would be liable to excise duty, while under the VAT laws, free supplies would require reversal of input tax credit; Under the GST law, the treatment would be similar to the present VAT laws, where the supplies are made without any consideration (monetary/ otherwise).
All forms of supply of goods and/ or services such as sale, transfer, barter, exchange, license, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business.
The tribunal held that there has been a supply of right, obligation and services under the contract between QUANTAS and the passengers, for which the unused fares were consideration as defined, and that the assessment were not shown to be excessive.
The Supreme court in west Bengal state warehousing corporation Vs. Indrapuri studio Pvt. Ltd. has examined the meaning of inclusive and exhaustive definition as appearing in various statues. The word “include” when used, enlarge the meaning of expression defined so as to comprehend not only such things as they signify according to their natural import but also those things which the clause declared that they shall includes.
Works contract, as well as the sale of under construction apartment, shall be subjected to GST. Stamp duty has not been subsumed in GST, therefore over and above GST; buyer has to pay a stamp duty 5-8% in as applicable in different states.
