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.
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.
