Download Revised Model Draft GST Law as released by CBEC on 25.11.2016. Earlier, the Draft Model GST Law was put in public domain in the month of June, 2016 for comments.

Also Read-

GST (Compensation to States For Loss of Revenue) Bill, 2016

Draft Integrated Goods And Services Tax (IGST) Act, 2016

Content of the Revised Draft Model GST Law  are as follows:-

Contents

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement

2. Definitions

3. Meaning and scope of supply

CHAPTER 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

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

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

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

7. Powers of SGST/CGST officers under the Act

CHAPTER III

LEVY OF, AND EXEMPTION FROM, TAX

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

9. Composition Levy

10. Taxable person

11. Power to grant exemption from tax

CHAPTER IV

TIME AND VALUE OF SUPPLY

12. Time of supply of goods

13. Time of supply of services

14. Change in rate of tax in respect of supply of goods or services

15. Value of taxable supply

CHAPTER V

INPUT TAX CREDIT

16. Eligibility and conditions for taking input tax credit

17. Apportionment of credit and blocked credits

18. Availability of credit in special circumstances

19. Recovery of Input Tax Credit and Interest thereon

20. Taking input tax credit in respect of inputs sent for job work

21. Manner of distribution of credit by Input Service Distributor

22. Manner of recovery of credit distributed in excess

CHAPTER – VI

REGISTRATION

23. Registration

24. Special provisions relating to casual taxable person and non-resident taxable person

25. Amendment of registration

26. Cancellation of registration

27. Revocation of cancellation of registration

CHAPTER- VII

TAX INVOICE, CREDIT AND DEBIT NOTES

28. Tax invoice

29. Tax not to be collected by unregistered taxable person

30. Amount of tax to be indicated in tax invoice and other documents

31. Credit and debit notes

CHAPTER- VIII

RETURNS

32. Furnishing details of outward supplies

33. Furnishing details of inward supplies

34. Returns

35. First Return

36. Claim of input tax credit and provisional acceptance there of

37. Matching, reversal and reclaim of input tax credit

38. Matching, reversal and reclaim of reduction in output tax liability

39. Annual return

40. Final return

41. Notice to return defaulters 52

42. Levy of late fee

43. Tax Return Preparers

CHAPTER-IX

PAYMENT OF TAX

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

45. Interest on delayed payment of tax

46. Tax deduction at source

CHAPTER-X

TRANSFER OF INPUT TAX CREDIT

47. Transfer of input tax credit

CHAPTER XI

REFUNDS

48. Refund of tax

49. Refund in certain cases

50. Interest on delayed refunds

51. Consumer Welfare Fund

52. Utilization of the Fund

CHAPTER XII

ACCOUNTS AND RECORDS

53. Accounts and other

54. Period of retention of accounts

CHAPTER – XIII

JOB WORK

55. Special procedure for removal of goods for certain purposes

CHAPTER–XIV

ELECTRONIC COMMERCE

56. Collection of tax at source

CHAPTER– XV

ASSESSMENT

57. Self-Assessment

58. Provisional Assessment

59. Scrutiny of returns

60. Assessment of non-filers of returns

61. Assessment of unregistered persons

62. Summary assessment in certain special cases

CHAPTER- XVI

AUDIT

63. Audit by tax authorities

64. Special audit

65. Power of CAG to call for information

CHAPTER – XVII

DEMANDS AND RECOVERY

66.Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilized for any reason other than fraud or any wilful misstatement or suppression of facts

67. Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilized by reason of fraud or any willful-misstatement or suppression of facts

68. General provisions relating to determination of tax

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

70. Tax wrongfully collected and deposited with the Central or a State Government

71. Initiation of recovery proceedings

72. Recovery of tax

73. Bar on recovery proceedings

74. Payment of tax and other amount in installments

75. Transfer of property to be void in certain cases

76. Tax to be first charge on property

77. Provisional attachment to protect revenue in certain cases

78. Continuation and validation of certain recovery proceedings

CHAPTER- XVIII

INSPECTION, SEARCH, SEIZURE AND ARREST

79. Power of inspection, search and seizure

80. Inspection of goods in movement

81. Power to arrest

82. Power to summon persons to give evidence and produce documents

83. Access to business premises

84. Officers required to assist CGST/SGST officers

CHAPTER–XIX

OFFENCES AND PENALTIES

85. Offences and penalties

86. General penalty

87. General disciplines related to penalty

88. Power of Adjudication

89. Detention and release of goods and conveyances in transit

90. Confiscation of goods or conveyances and levy of penalty

91. Confiscation or penalty not to interfere with other punishments

CHAPTER–XX

PROSECUTION AND COMPOUNDING OF OFFENCES

92. Prosecution

93. Cognizance of offences

94. Presumption of culpable mental state

95. Relevancy of statements under certain circumstances

96. Offences by Companies and certain other persons

97. Compounding of offences

CHAPTER–XXI

APPEALS AND REVISION

98. Appeals to First Appellate Authority

99. Revisional powers of Chief Commissioner or Commissioner

100. Constitution of the National Appellate Tribunal

100. Constitution of the Appellate Tribunal

101. Appeals to the Appellate Tribunal

102. Orders of Appellate Tribunal

103.  Procedure of Appellate Tribunal

104.  Interest on refund of pre-deposit

105. Appearance by authorised representative

106. Appeal to the High Court

107.  Appeal to the Supreme Court

108. Hearing before Supreme Court

109. Sums due to be paid notwithstanding appeal etc.

110. Exclusion of time taken for copy

111. Appeal not to be filed in certain cases

112. Non Appealable decisions and orders

CHAPTER– XXII

ADVANCE RULING

113. Definitions

114. Authority for Advance Ruling

115. Appellate Authority for Advance Ruling

116. Application for Advance Ruling

117. Procedure on receipt of application

118. Appeal to the Appellate Authority

119. Orders of the Appellate Authority

120. Rectification of Advance Ruling

121. Applicability of Advance Ruling

122. Advance Ruling to be void in certain circumstances

123. Powers of the Authority and Appellate Authority

124. Procedure of the Authority and the Appellate Authority

CHAPTER– XXIII

PRESUMPTION AS TO DOCUMENTS

125. Presumption as to documents in certain cases

126. Admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence

CHAPTER– XXIV

LIABILITY TO PAY IN CERTAIN CASES

127. Liability in case of transfer of business

128. Liability of agent and principal

129. Liability in case of amalgamation /merger of companies

130. Liability in case of company in liquidation

131. Liability of directors of private company

132. Liability of partners of firm to pay tax

133. Liability of guardians, trustees etc

134. Liability of Court of Wards etc

135. Special provision regarding liability to pay tax, interest or penalty in certain cases

136. Liability in other cases

CHAPTER– XXV

MISCELLANEOUS PROVISIONS

137. Special Procedure for certain processes

138. GST compliance rating

139. Obligation to furnish information return

140. Penalty for failure to furnish information return

141. Power to collect statistics

142. Disclosure of information required under section 141

143. Test purchase of goods and/or services-Error! Bookmark not defined.

144. Drawal of samples

145. Burden of Proof

146. Persons discharging functions under the Act shall be deemed to be public servants

147. Indemnity

148. Disclosure of information by a public servant

149. Publication of information respecting persons in certain cases

150. Assessment proceedings, etc. not to be invalid on certain grounds

151. Rectification of mistakes or errors apparent from record

152. Bar of jurisdiction of civil courts

153. Levy of fees

154. Power of Central (or State) Government to make rules

155. General power to make Regulations

156. Delegation of powers

157. Instructions to GST Officers

158. Removal of difficulties

159. Service of notice in certain circumstances

160. Rounding off of tax etc.

161. Effect of amendments, etc., of rules, notifications or orders

162. Publication of rules and notifications and laying of rules before Parliament / State Legislature

163. Anti-profiteering Measure

CHAPTER– XXVI

REPEAL AND SAVING

164. Repeal and saving

CHAPTER XXVII

TRANSITIONAL PROVISIONS

165. General provisions

166. Migration of existing taxpayers to GST

167. Amount of CENVAT credit carried forward in a return to be allowed as input tax credit

168. Unavailed cenvat credit on capital goods, not carried forward in a return, to be allowed in certain situations

169. Credit of eligible duties and taxes in respect of inputs held in stock to be allowed in certain situations

170. Credit of eligible duties and taxes in respect of inputs held in stock to be allowed in certain situations

171. Credit of eligible duties and taxes in respect of inputs or input services during transit

172. Credit of eligible duties and taxes on inputs held in stock to be allowed to a taxable person switching over from composition scheme

173. Exempted goods returned to the place of business on or after the appointed day

174. Duty (Tax – in SGST Act) paid goods returned to the place of business on or after the appointed day

175. Inputs removed for job work and returned on or after the appointed day

176. Semi-finished goods removed for job work and returned on or after the appointed day

177. Finished goods removed for carrying out certain processes and returned on or after the appointed day

178. Issue of supplementary invoices, debit or credit notes where price is revised in pursuance of a contract

179. Pending refund claims to be disposed of under earlier law

180.Refund claims filed after the appointed day for goods cleared or services provided before the appointed day and exported before or after the appointed day to be disposed of under earlier law

181. Refund claims filed after the appointed day for payments received and tax deposited before the appointed day in respect of services not provided

182. Claim of cenvat credit to be disposed of under the earlier law

183. Finalization of proceedings relating to output duty or tax liability

184. Treatment of the amount recovered or refunded in pursuance of assessment or adjudication proceedings

185. Treatment of the amount recovered or refunded pursuant to revision of returns

186. Treatment of long term construction / works contracts

187. Progressive or periodic supply of goods or services

188. Taxability of supply of services in certain cases

189. Taxability of supply of goods in certain cases

190. Credit distribution of service tax by ISD

191. Provision for transfer of unutilized Cenvat Credit by taxable person having centralized registration under the earlier law

192. Tax paid on goods lying with agents to be allowed as credit

193. Tax paid on capital goods lying with agents to be allowed as credit

194. Treatment of branch transfers

195. Goods sent on approval basis returned on or after the appointed day

196. Deduction of tax source

197. Transitional provisions for availing Cenvat credit in certain cases

SCHEDULE I

SCHEDULE II

SCHEDULE III

SCHEDULE IV

SCHEDULE V

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement

(1)   This Act may be called the Central / State Goods and Services Tax Act, 2016.

(2)   It extends to the whole of India / State’s name.

(3) It shall come into force on such date as the Central or a State Government may, by notification in the Official Gazette, appoint in this behalf:

PROVIDED that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

2. Definitions

In this Act, unless the context otherwise requires,-

(1)   “actionable claim ” shall have the meaning assigned to it in section 3 of the Transfer of Property Act, 1882 (4 of 1882) ;

(2)  “address of delivery” means the address of the recipient of goods and/or services indicated on the tax invoice issued by a taxable person for delivery of such goods and/or services;

(3)   “address on record” means the address of the recipient as available in the records of the supplier;

(4)  “adjudicating authority” means any authority competent to pass any order or decision under this Act, but does not include the Board, the Revisional Authority, Authority for Advance Ruling, Appellate Authority for Advance Ruling, the First Appellate Authority and the Appellate Tribunal;

(5)  “agent” means a person, including a factor, broker, commission agent, arhatia, del credere agent, an auctioneer or any other mercantile agent, by whatever name called, who carries on the business of supply or receipt of goods or services on behalf of another, whether disclosed or not;

(6)  “aggregate turnover” means the aggregate value of all taxable supplies, exempt supplies, exports of goods and/or services and inter-State supplies of a person having the same PAN, to be co mputed on all India basis and excludes taxes, if any, charged under the CGST Act, SGST Act and the IGST Act, as the case may be;

Explanation.- Aggregate turnover does not include the value of inward supplies on which tax is payable by a person on reverse charge basis under sub-section (3) of Section 8 and the value of inward supplies.

(7) “agriculture” with all its grammatical variations and cognate expressions, includes floriculture, horticulture, sericulture, the raising of crops, grass or garden produce and also grazing, but does not include dairy farming, poultry farming, stock breeding, the mere cutting of wood or grass, gathering of fruit, raising of man-made forest or rearing of seedlings or plants ;

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