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GST Act & Ruling

GOODS AND SERVICES TAX (GST) ACT, 2016

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GOODS AND SERVICES TAX ACT, 2016

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
4A. 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

CHAPTER– III
LEVY OF, AND EXEMPTION FROM, TAX

7. Levy and Collection of Central/State Goods and Services Tax
8. Composition levy
9. Taxable person
10. Power to grant exemption from tax
11. Remission of tax on supplies found deficient in quantity

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 services
15. Value of taxable supply

CHAPTER– V
INPUT TAX CREDIT

16. Manner of taking input tax credit
16A. Taking input tax credit in respect of inputs sent for job work
17. Manner of distribution of credit by Input Service Distributor
18. Manner of recovery of credit distributed in excess

CHAPTER– VI
REGISTRATION

19. Registration
19A. Special provisions relating to casual taxable person and non-resident taxable person
20. Amendment of registration
21. Cancellation of registration
22. Revocation of cancellation of registration

CHAPTER – VII
TAX INVOICE, CREDIT AND DEBIT NOTES

23. Tax invoice
23 A. Amount of tax to be indicated in tax invoice and other documents
24. Credit and debit notes

CHAPTER– VIII
RETURNS

25. Furnishing details of outward supplies
26. Furnishing details of inward supplies
27. Returns
27A. First Return
28. Claim of input tax credit and provisional acceptance thereof
29. Matching, reversal and re-claim of input tax credit
29A. Matching, reversal and re-claim of reduction in output tax liability
30. Annual return
31. Final return
32. Notice to return defaulters
33. Levy of late fee
34. Tax Return Preparers

CHAPTER– IX
PAYMENT OF TAX

35. Payment of tax, interest, penalty, and other amounts
36. Interest on delayed payment of tax
37. Tax deduction at source

CHAPTER– IXA
TRANSFER OF INPUT TAX CREDIT

37A. Transfer of input tax credit

CHAPTER-X
REFUNDS

38. Refund of tax
39. Interest on delayed refunds
40. Consumer Welfare Fund
41. Utilization of the Fund

CHAPTER– XI
ACCOUNTS AND RECORDS

42. Accounts and other records
43. Period of retention of accounts

CHAPTER– XIA
JOB WORK

43A. Special procedure for removal of goods for certain purposes

CHAPTER– XIB
ELECTRONIC COMMERCE

43B. Definitions
43C. Collection of tax at source

CHAPTER– XII
ASSESSMENT

44. Self-assessment
44A. Provisional assessment
45. Scrutiny of returns
46. Assessment of non-filers of returns
47. Assessment of unregistered persons
48. Summary assessment in certain special cases

CHAPTER– XIII
AUDIT

49. Audit by tax authorities
50. Special audit

CHAPTER– XIV
DEMANDS AND RECOVERY

51. Determination of tax not paid or short paid or erroneously refunded
52. Tax collected but not deposited with the Central or a State Government
53. Tax wrongfully collected and deposited with the Central or a State Government
54. Recovery of tax
55. Payment of tax and other amount in installments
56. Transfer of property to be void in certain cases
57. Tax to be first charge on property
58. Provisional attachment to protect revenue in certain cases
59. Continuation of certain recovery proceedings.

CHAPTER– XV
INSPECTION, SEARCH, SEIZURE AND ARREST

60. Power of inspection, search and seizure
61. Inspection of goods in movement
62. Power to arrest
63. Power to summon persons to give evidence and produce documents
64. Access to business premises
65. Officers required assisting CGST/SGST Officers

CHAPTER– XVI
OFFENCES AND PENALTIES

66. Offences and penalties
67. General penalty
68. General disciplines related to penalty
69. Detention of goods and conveyances, and levy of penalty
70. Confiscation of goods and levy of penalty
71. Confiscation of conveyances
72. Confiscation or penalty not to interfere with other punishments

CHAPTER– XVII
PROSECUTION AND COMPOUNDING OF OFFENCES

73. Prosecution
74. Cognizance of offences
75. Presumption of culpable mental state
76. Relevancy of statements under certain circumstances
77. Offences by companies and certain other persons
78. Compounding of offences

 

CHAPTER–XVIII
APPEALS

79. Appeals to First Appellate Authority
80. Left Blank
81. Constitution of the National Appellate Tribunal
82. Appeals to the Appellate Tribunal
83. Orders of Appellate Tribunal

CHAPTER– XVIII
APPEALS AND REVISION

79. Appeals to First Appellate Authority
80. Revisional powers of Commissioner
81. Constitution of the National Appellate Tribunal
82. Appeals to the Appellate Tribunal
83. Orders of Appellate Tribunal
84. Procedure of Appellate Tribunal
85. Interest on delayed refund of pre-deposit
86. Appearance by authorised representative
87. Appeal to the High Court
88. Appeal to the Supreme Court
89. Hearing before Supreme Court
90. Sums due to be paid notwithstanding appeal etc
91. Exclusion of time taken for copy
92. Appeal not to be filed in certain cases
93. Non appealable decisions and orders

CHAPTER– XIX
ADVANCE RULING

94. Definitions
95. Authority for Advance Ruling
96. Appellate Authority for Advance Ruling
97. Application for advance ruling
98. Procedure on receipt of application
99. Appeal to the Appellate Authority
100. Orders of Appellate Authority
101. Rectification of advance ruling
102. Applicability of advance ruling
103. Advance ruling to be void in certain circumstances
104. Powers of the Authority and Appellate Authority
105. Procedure of the Authority and Appellate Authority

CHAPTER– XX
SETTLEMENT OF CASES

CHAPTER– XXI
PRESUMPTION AS TO DOCUMENTS

106. Presumption as to documents in certain cases
107. Admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence

CHAPTER- XXII
LIABILITY TO PAY IN CERTAIN CASES

108. Liability in case of transfer of business
109. Liability in case of amalgamation/merger of companies
110. Liability in case of company in liquidation
111. Liability of partners of firm to pay tax
112. Liability of guardians, trustees etc
113. Liability of Court of Wards etc.
114. Special provision regarding liability to pay tax in certain cases
115. Liability in other cases

CHAPTER– XXIII
MISCELLANEOUS PROVISIONS

116. GST compliance rating
117. Obligation to furnish information return
118. Penalty for failure to furnish information return
119. Power to collect statistics
120. Disclosure of information required under section 119
121. Test purchase of goods and/or services
122. Drawal of samples
123. Burden of Proof
124. Persons discharging functions under the Act shall be deemed to be public servants
125. Indemnity
126. Disclosure of information by a public servant
127. Publication of information respecting persons in certain cases
128. Assessment proceedings, etc. not to be invalid on certain grounds
129. Rectification of mistakes or errors apparent from record
130. Bar of jurisdiction of civil courts
131. Levy of fees
132. Power of Central (or State) Government to make rules
132A. General power to make Regulations
133. Delegation of powers
134. Instructions to GST Officers
135. Removal of difficulties
136. Service of Notice in certain circumstances
137. Rounding off of tax etc
138. Effect of amendments, etc., of rules, notifications or orders
139. Publication of rules and notifications and laying of rules before Parliament / State Legislature

CHAPTER– XXIV
REPEAL AND SAVING

140. Repeal and saving

CHAPTER– XXV
TRANSITIONAL PROVISIONS

141. General provisions
142. Migration of existing taxpayers to GST
143. Amount of CENVAT credit carried forward in a return to be allowed as input tax credit
144. Unavailed cenvat credit on capital goods, not carried forward in a return, to be allowed in certain situations
145. Credit of eligible duties and taxes in respect of inputs held in stock to be allowed in certain situations
146. Credit of eligible duties and taxes on inputs held in stock to be allowed to a taxable person switching over from composition scheme
147. Amount payable in the event of a taxable person switching over to composition scheme
148. Exempted goods returned to the place of business on or after the appointed day
149. Duty paid goods returned to the place of business on or after the appointed day
150. Inputs removed for job work and returned on or after the appointed day
151. Semi-finished goods removed for job work and returned on or after the appointed day
152. Finished goods removed for carrying out certain processes and returned on or after the appointed day
153. Issue of supplementary invoices, debit or credit notes where price is revised in pursuance of a contract
154. Pending refund claims to be disposed of under earlier law
155. Claim of cenvat credit to be disposed of under the earlier law
156. Finalization of proceedings relating to output duty liability
157. Treatment of the amount recovered or refunded in pursuance of assessment or adjudication proceedings
158. Treatment of the amount recovered or refunded pursuant to revision of returns
159. Treatment of long term construction / works contracts
160. Progressive or periodic supply of goods or services
161. Treatment of retention payments
162. Credit distribution of service tax by ISD
162A.Tax paid on goods lying with agents to be allowed as credit
162B. Tax paid on capital goods lying with agents to be allowed as credit
162C. Treatment of branch transfers
162D. Goods sent on approval basis returned on or after the appointed day
162 E. Deduction of tax source

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
IV Activities or transactions in respect of which the Central Government, a State Government or any Local Authority shall not be regarded as a taxable person

RULES

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

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ABOUT THE AUTHOR

Sanjay Kumar is the Founder of the GSTHelp.info Portal. He is Web Developer since 2007 and likes blogging and be creative on the Web Portal. The Blogging is just passion not profession of him. Please note that the views given in this Blog/Comments Section/Forum are clarifications meant for reference and guidance of the readers to explore further on the topics/queries raised and take informed decisions.

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