This Article discusses on liability of GST on Stock Transfer from the Head Office in one State to its Branches in other States and GST credit on Stock transfer. For the purpose of understanding the questions involved, following relevant provisions of the GST law are highlighted: (i) . Rule 28 deals with valuation of a […]
This Article discusses on rate of GST on works contract involving predominantly earth work (that is, constituting more than 75 per cent, of the value of the works contract) provided to the Central Government, State Government, Union territory, local authority, a Governmental Authority or a Government Entity Provided that where the services are supplied to […]
When the goods are dispatched through vehicles, Delivery to transporter by supplier is sufficient to take input tax credit. The expression “any other person “and the expression “otherwise” implies “the person on the behalf of recipient i.e. Transporter” and “by way of transportation contact “respectively. Section 39(1) of Sale of Goods Act also states that delivery of goods to carrier is prima facie delivery to buyer. As per section 23(2) of Sale of Goods Act, if, in pursuance of the contract, the seller delivers the goods to the buyer or to a carrier or other bailee, for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract. It does not make difference whether the bailee or buyer was named by buyer or not.
Works contractors are still liable to pay GST on mobilization advance /any other advance received towards supply of a works contract services attracting GST.
the business entities availing mining rights including its exploration and valuation shall be charged to GST at the rate of tax as applicable on supply of like goods being mined. For example, the supply of Red Boulder , Soft Boulder attracts 5% GST as specified under Chapter Heading 2516 of GST Tariff Act and thus the royalty on Red Boulder or Soft Boulder or GSB extracted from the mines shall also be taxable @ 5%. Therefore GST should be paid at the rate of supply of like goods being mined on royalty being paid to the Government by business entities for availing mining rights under RCM ( Reverse Charge mechanism)..
