Keshav Dayal's Posts - Page 4

Supply Wholly Exempt From Tax In GST

Definition of expression “wholly exempt from tax” or “supply wholly exempt from tax” has not been provided in the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the CGST Act). In reference to a supply of goods or services or both, expression “wholly exempt from tax” has been used a...

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GST on Supply in the Course of Inter-State Trade or Commerce

Article 246A(2) read with Article 269A(1) of the Constitution of India gives exclusive power to the Parliament to make law to provide levy and collection of goods and services tax, by the Union, on supply of goods or services or both where such supply takes place in the course of inter-State trade or commerce. Clause […]...

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GST related provisions of Constitution which Require Amendments

For the purpose of implementing goods and services tax (GST), the Constitution of India was amended vide The Constitution (One Hundred And First) Amendment Act, 2016. By the said Amendment Act, certain new Articles and certain new clauses in existing Articles were added. Certain clauses of some Articles were also amended. Certain entries ...

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GST on Goods or Services or Both, or on Supply of Goods or Services or Both

A careful reading of section 9 of the Central Goods and Services Tax Act, 2017 (CGST Act) reveals that it provides levy of central goods and services tax on intra-State supply of goods or services or both. At the same time, section 11 of the said Act provides that the Government may, by notification, exempt […]...

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Tax, Tax Levy and Liability of payment of Tax in GST

The essence of taxation is compulsion. Where tax is leviable, person made liable for payment of tax falls under obligation of payment of tax and where such person fails in making payment of tax, law is enforced against him for collection of tax. Where any tax is leviable under any law, person made liable for […]...

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Constitutional Powers of Parliament in Relation to GST

Article 246A(1) gives powers to the Parliament for making law for providing levy and collection of GST on all types of supplies of goods or services or both except the following supplies of goods or services or both, namely-...

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Exemption From Registration in GST

For the purpose of levy and collection of tax on supply of goods or services or both, persons who are registered or liable to be registered have been made liable for payment of goods and services tax (hereinafter referred to as GST). For the purpose of levy of GST on intra-State supply of goods or […]...

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Export of Goods, as Defined in IGST Act, is Not Export Supply of Goods

Definition of expression export of goods represents activity of taking goods out of India to a place outside India. In this definition, activity of supply is missing. In the Constitution of India, for an export supply of goods or services or both, expression supply of goods, or of services or both in the course of import of the goods or s...

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Expression “In the Course of” in GST Laws

The Honorable Supreme Court of India, in its judgment in State of Travancore-Cochin vs. Shanmugha Vilas Cashew Nut Factory And Others, Judgment Dated May 08, 1953, had occasion to examine certain sales or purchases of goods (cashew nut) if they could have been said (i) in the course of inter-State trade or commerce; or (ii) […]...

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In GST Taxable Supply and Exempt Supply are Mutually Exclusive

Taxable supplies' and 'exempt supplies' are mutually exclusive. Any supply, which is an exempt supply, is not a taxable supply and conversely any supply, which is a taxable supply, is not an exempt supply. Also an exempt supply cannot be said to be a supply of goods and services or both leviable to tax....

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