REPORT OF SUB-COMMITTEE-II ON MODEL GST LAW

Empowered Committee of State Finance Ministers September, 2015

GOODS AND SERVICES TAX ACT, 2016

Government Has Released Model Draft of Proposed GST Act, 2016 and it Contains the following topics-

PART – I

PRELIMINARY

1. Short title, extent and commencement

2. Definitions

3. Meaning and scope of supply

PART – II

ADMINISTRATION

4. Classes of officers under the Central Goods and Services Tax Act

4. Classes of officers under the State Goods and Services Tax Act

5. Appointment of officers under the Central Goods and Services Tax Act

6. Powers of officers under the Central Goods and Services Tax Act

PART – III

LEVY AND COLLECTION OF TAX

7. Levy and Collection of Central/State Goods and Services Tax

8. Compounded levy

9. Taxable person

10. Power to grant exemption from tax

11. Time of supply of goods

12. Time of supply of services

13. Change in rate of tax in respect of supply of services

14. Nature of supply

15. Place of supply of goods

16. Place of supply of services

17. Value of taxable supply

PART – IV

INPUT TAX CREDIT

18. Manner of taking input tax credit and utilization thereof

PART – V

REMISSION OF TAX

19. Remission of tax on supplies found deficient in quantity

PART – VI

DEMANDS AND REFUNDS

20. Recovery of tax not paid or short paid or erroneously refunded

21. Interest on delayed payment of tax

22. Refund of tax

23. Interest on delayed refunds

24. Tax collected but not deposited with the Central or a State Government

25. Recovery of tax

PART – VII

REGISTRATION

26. Registration

27. Amendment of registration

28. Cancellation of registration

29. Revocation of cancellation of registration

PART – VIII

ACCOUNTS AND RECORDS

30. Tax invoice

31. Credit and debit notes

32. Accounts and other records

33. Period of retention of accounts

PART – IX RETURNS

34. Furnishing details of outward supplies

35. Furnishing details of inward supplies

36. Returns

37. Claim of input tax credit and provisional acceptance thereof

38. Matching of input tax credit claimed by the recipient and tax paid by the supplier

39. Reversal of input tax credit allowed provisionally for a supply

40. Matching of credit note issued by a supplier and reduction in input tax credit by the recipient

41. Reversal of reduction in tax liability

42. Reclaim of input tax credit and reduction in tax liability after its reversal

43. Annual return

44. Final return

45. Levy of late fee

46. Submission of returns through Tax Return Preparers

PART – X

PAYMENT OF TAX

47. Payment of tax, penalty, interest and other amounts

48. Tax deduction at source

PART – XI

ASSESSMENT AND AUDIT

49. Self-assessment

50. Scrutiny of returns

51. Assessment of non-filers of returns

52. Assessment of unregistered persons

53. Summary assessment in certain special cases

54. Audit

55. Special audit

PART – XII

OFFENCES AND PENALTIES

56. Offences and penalties

57. General penalty

58. General disciplines related to penalty

59. Detention of goods and levy of penalty

60. Confiscation of goods and levy of penalty

61. Confiscation of conveyances

62. Confiscation or penalty not to interfere with other punishments

63. Prosecution

64. Cognizance of offences

65. Presumption of culpable mental state

66. Relevancy of statements under certain circumstances

67. Offences by Companies and certain other persons

PART – XIII

INSPECTION, SEARCH, SEIZURE AND ARREST

68. Power of inspection, search and seizure

69. Power to arrest

70. Power to summon persons to give evidence and produce documents in inquiries under this Act

71. Access to business premises

72. Officers required to assist CGST/SGST Officers

PART – XIV

MISCELLANEOUS

73. GST compliance rating

74. Inspection of goods in movement

75. Obligation to furnish information return

76. Penalty for failure to furnish information return

77. Presumption that the incidence of the tax has been passed on to the buyer

78. Consumer Welfare Fund

79. Powers of CGST/SGST officers

80. Test purchase of goods and/or services

81. Drawal of samples

SCHEDULES

I Matters to be treated as supply without consideration

II Matters to be treated as supply of goods or services

III Liability to be registered

RULES

1. GST Valuation (Determination of the Value of supply of Goods and Services) Rules, 2016

Download Link-   https://taxguru.in/wp-content/uploads/2015/12/Model-GST-Act-2016-Draft.pdf

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0 responses to “Download Model Goods and Services Act, 2016”

  1. k says:

    if it will benefit to customer, consumers we have to support.

  2. Sanjeev Kumar Kesarwani says:

    No, Comment

  3. V V Manikyala Rao says:

    can you arrange link to download in PDF format

  4. CA Arpit Haldia says:

    With regard to the above draft of GST Law published we need to check whether the same has been officially released for public comment.

    In my view its a intermediary document for internal discussions between the sub committee and the joint committe. The same does not appear on the Webportal of doe.gov.in i.e Department of Revenue Government of India.

    The document contains various blank spaces, various highlighted portions, various cuttings, notes and in section 125 of the document it itself contains

    “depending on final full draft”.

    Further it does not contain any information that when it was approved by the joint committee and detail of the meetings thereof as was provided in all the business processes issued for public comment including the persons appearing in the meeting for approval of the document published.

    Further its a document of September 2015 whereas the comments have been invited from public on various business processes in the month of Octobwr 2015. Therefore releasing draft law of a prior date for suggestions without incorporating or considering the suggestions from public does not seems appropriate.

    Further as per News Reports of NDTV a draft bill in the month of October was circulated by Centre for Comments to the States and the Empowered Committee was scheduled to meet to consider the same. This might be the copy of the same.

    Therefore in my view, we need to wait before expressing our opinion on the draft law and comments on the same and wait for official communication.

  5. jay says:

    how to download, no link avl pl.

  6. T K JAGANATHAN says:

    The concept of supply will make a big impact on the business in India.

    1. Tax has to be paid even on transfer of goods from one branch to another branch/HO of the same business entity.
    2. Job work term will be replaced with contract manufacturing.
    3. Working capital increase to the extent of tax ( earlier no tax on material sent to job worker or branch)
    4. Tax to be paid even on samples/ free supplies
    5. Organised sector to gain more and ultimately will benefit the consumbers and the Government

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