Exempt supply means supply of any goods or services or both which attracts nil rate of tax or which may be wholly exempt from tax under section 11, or under section 6 of the Integrated Goods and Services Tax Act, and includes non-taxable supply;
In my opinion, definitions of expressions ‘exempt supply’, ‘non-taxable supply’, ‘taxable supply’ and ‘Zero rated supply’, as provided in the Central Goods and Services Tax Act, 2017 (GST Act) and the Integrated Goods and Services Tax Act, 2017 (IGST Act), for certain provisions of the said Acts, are inconsistent or irrelevant. In my opinion, these […]
Article 269A (1) & Article 246A of the Constitution give powers to the Parliament to make law to provide levy and collection of goods and services tax on supply of goods or services or both where such supply takes place in the course of inter-State trade or commerce, and for apportionment of such collected tax […]
Provisions which grant exemption from tax or which allow benefit of input tax credit adversely affect revenue receipts from goods and services tax. Therefore, while preparing draft of goods and services tax (GST) laws, due precautions are required to be taken. In my opinion, some of the provisions related to availability or admissibility of input […]
In my personal opinion, for the purpose of levy of goods and services tax, supplies mentioned in sub-section (1) of section 16 of the Integrated Goods and Services Tax Act, 2017 (IGST Act), for the reasons given hereunder, are neither taxable supplies of goods or services or both nor exempt supplies of goods or services […]
Export supply of goods or supply of goods in the course of export of the goods, and export of goods are not one and the same. For the purpose of Integrated Goods and Services Tax Act, 2017
In this article, I will like to draw attention of learned readers of this article towards certain aspects of tax levy provisions of various goods and services tax laws. Section 9 of the Central Goods and services Tax Act, 2017, with its marginal note “Levy and collection” runs as follows:– “9. (1) Subject to the […]
The Constitution of India provides that the Parliament may, by law, provide the manner in which goods and services tax, collected on following supplies of goods or services or both, shall be apportioned in between the Union and the States, namely:- (i) supply of goods or services or both in the course of inter-State trade […]
Article 246A of the Constitution, which gives powers to the Parliament and the Legislatures of the States to make law to provide levy and collection of goods and services tax (hereinafter referred to as the GST), runs as follows:– “246A. (1) Notwithstanding anything contained in articles 246 and 254, Parliament, and, subject to clause (2), […]
Tax cannot be levied and collected without authority of law. Tax collected becomes revenue of the Union or the State. Taxes are levied for public purposes and benefit of tax collected cannot be given to taxpayer. Therefore, where any amount is leviable under the law as tax, it cannot be refunded to the taxpayer. Tax […]
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