Short Description: About GST Ready Reckoner Division 1 Referencer GST Compliance Calendar for January, 2024 to March, 2025 Referencer 1 Meanings of various terms Referencer 1A Meanings of legal words, maxims/phrases Referencer 1B Rules of interpretation of statutes including Doctrines Referencer 1C List of section-wise/rule-wise commentary in different Chapters Referencer 2 Extension of due dates for different returns Referencer 3 State/UT Codes Referencer 4 Rate of interest payable under different situations Referencer 5 Important points regarding Summons under section 70 of the CGST Act Referencer 6 Penalties, late fee and fine under GST Act(s) Referencer 7 Illustrative cases in which penalty or late fee has been waived Referencer 8 Prosecution under GST Act(s) - Sections 132 and 133 Referencer 9 Various forms under GST Referencer 10 Different types of persons under GST Referencer 11 Various types of supply under GST Referencer 12 Suggestive Format of Tax Invoice, Bill of Supply, Receipt Voucher, Refund Voucher Etc. Referencer 13 Scheme of broad classification of goods under GST Referencer 14 Scheme of broad classification of services under GST Referencer 15 List of topic-wise Circulars/Instructions/Guidelines etc. Referencer 16 Supply of Goods under Reverse Charge Mechanism Referencer 17 Supply of Services under Reverse Charge Mechanism Division 2 Practice and Procedure Chapter 1 Introduction and Overview of GST 1.0 Introduction 1.1 Features of GST 1.2 Integrated Goods and Services Tax 1.2.1 Introduction 1.2.2 Definition 1.2.3 Adoption of “Dual GST” Model 1.2.4 Scope of IGST 1.2.5 Advantages of IGST model 1.2.6 Application of the provisions of CGST Act, 2017 – Section 20 of the IGST Act 1.2.7 Treatment of exports under IGST 1.3 Administration of GST 1.3.1 Appointment of officers by the Government – Section 3 of the CGST Act, 2017 1.3.2 Appointment of officers by the Board – Section 4 of the CGST Act, 2017 1.3.3 Powers of officers – Section 5 - Enforceable with effect from 22.06.2017- N. No. 01/2017-CT (22.06.2017) 1.3.4 Officers appointed under State/UT authorised to be ‘proper officer’ under CGST Act in certain circumstances - Section 6 - Enforceable with effect from 01.07.2017- N. No. 09/2017-CT(28.06.2017) 1.4 GST Portal Updates 1.5 List of relevant Circulars/Instructions/Guidelines Chapter 2 Concept of supply including Intra-State & Inter-State Supply 2.0 Introduction 2.1 Meaning and scope of supply – Section 7 of the CGST Act, 2017 – Enforceable with effect from 01.07.2017- N. No. 09/2017-CT (28.06.2017) 2.1.1 Inclusions in the term ‘supply’ – Section 7(1)(a) 2.1.2 Future supply shall also be covered 2.1.3 Supply must be made for a ‘consideration’ 2.1.4 Supply must be made by a person 2.1.5 Supply need not be made by one person to another 2.1.6 Insertion of Section 7(1)(aa) with retrospective effect from 01.07.2017 — Section 108 Finance Act, 2021 – N. No. 39/2021-CT, dated 21.12.2021 2.1.7 Supply must be made in the course or furtherance of business — Section 7(1)(b) 2.1.8 Supply includes import of services, for a consideration, whether or not in the course or furtherance of business – Section 7(1)(b) 2.1.9 Activities specified in Schedule I, made or agreed to be made without a consideration - Section 7(1)(c) 2.1.9.1 Permanent transfer or disposal of business assets where input tax credit has been availed on such assets - Paragraph 1 of Schedule I of the CGST Act, 2017 2.1.9.2 Supply of goods or services or both even if made without consideration between related persons or between distinct persons as specified in Section 25, when made in the course or furtherance of business - Paragraph 2 of Schedule I of the CGST Act, 2017 2.1.9.3 Supply of goods by a principal to his agent or vice versa - Paragraph 3 of Schedule I 2.1.9.4 Import of services by a person, from a related person or from any of his other establishments outside India, in the course or furtherance of business – Paragraph 4 of Schedule I 2.1.10 Activities to be treated as supply of goods or services – Section 7(1A) [notified with retrospective effect from 01.07.2017] 2.1.10.1 Any transfer of the title in goods is a supply of goods – Paragraph 1(a) of Sch. II 2.1.10.2 Any transfer of right in goods or of undivided share in goods without the transfer of title thereof, is a supply of services - Paragraph 1(b) of Schedule II 2.1 10.3 Any transfer of title in goods under an agreement which stipulates that property in goods will pass at a future date upon payment of full consideration as agreed, is a supply of goods - Paragraph 1(c) of Schedule II 2.1.10.4 Any lease, tenancy, easement, license to occupy land is a supply of services – Paragraph 2(a) of Schedule II 2.1.10.5 Any lease or letting out of the building for business or commerce is a supply of services – Paragraph 2(b) of Schedule-II 2.1.10.6 Any treatment or process which is applied to another person’s goods is a supply of services – Paragraph 3 of Schedule II 2.1.10.7 Transfer or disposal of goods forming part of business assets is a supply of goods - Paragraph 4(a) of Schedule II 2.1.10.8 Good held or used for business purposes are put to any private use or are used or made available to any person for use, the usage or making available of such goods to any person is a supply of services - Paragraph 4(b) of Schedule II 2.1.10.9 When any person ceases to be a taxable person, any goods forming part of the assets of any business carried on by him is deemed to be supplied by him - Paragraph 4(c) of Schedule II 2.1.10.10 Renting of immovable property is treated as supply of services - Para 5(a) of Schedule II 2.1.10.11 Construction of a complex, building or civil structure or part thereof is treated as supply of services - Paragraph 5(b) of Schedule-II 2.1.10.12 Temporary transfer or permitting the use or enjoyment of any intellectual property right is treated as supply of services – Paragraph 5(c) of Schedule II 2.1.10.13 Development, Design etc. of IT software is treated as supply of services –Paragraph 5(d) of Schedule II 2.1.10.14 Agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act shall be treated as supply of services – Paragraph 5(e) of Schedule II 2.1.10.15 Transfer of the right to use any goods for any purpose for cash, deferred payment or other valuable consideration shall be treated as supply of services – Paragraph 5(f) of Schedule II 2.1.10.16 Works contract in relation to any immovable property is treated as a supply of services – Paragraph 6(a) of Schedule II 2.1.10.17 Composite supply of goods being food or any other article of human consumption or any drink for cash, deferred payment or other valuable consideration is treated as a supply of services – Paragraph 6(b) of Schedule II 2.1.10.18 Supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration is treated as supply of goods – Paragraph 7 of Schedule II — Omitted retrospec-tively with effect from 01.07.2017 vide Section 122 of the Finance Act, 2021 2.1.11 Activities or transactions which shall not be treated as a “supply” — Section 7(2) 2.1.11.1 Services by an employee to the employer in the course of or in relation to his employment – Paragraph 1 to Schedule III 2.1.11.2 Services by any Court or Tribunal established under any law for the time being in force – Paragraph 2 to Schedule III 2.1.11.3 Functions performed by the members of parliament, members of state legislature, members of panchayats, members of municipalities and members of other local authorities – Paragraph 3(a) to Schedule III 2.1.11.4 Duties performed by any person who holds any post in pursuance of the provisions of the Constitution in that capacity – Paragraph 3(b) to Schedule III 2.1.11.5 Duties performed by any person as a chairperson or a member or a director in a body established by the Central Government or a State Government or Local Authority and who is not deemed as an employee before the commencement of this clause – Paragraph 3(c), Schedule III 2.1.11.6 Services of funeral, burial, crematorium or mortuary including transportation of the deceased – Paragraph 4 of Schedule III 2.1.11.7 Sale of land and, subject to clause (b) of Paragraph 5 of Schedule II, Sale of Building – Paragraph 5 of Schedule III 2.1.11.8 Paragraph 6 of Schedule III 2.1.11.9 Supply of goods from a place in the non-taxable territory to another place in the non-taxable territory without such goods entering into India – Paragraph 7 of Schedule III – Deemed to have been inserted retrospectively with effect from 01.07.2017 – Section 159 of the Finance Act, 2023-N. No. 28/2023-CT (31.07.2023) 2.1.11.10 Supply of warehoused goods to any person before clearance for home consumption - Paragraph 8(a) of Schedule III – Deemed to have been inserted retrospectively with effect from 01.07.2017 – Section 159 of the Finance Act, 2023 - N. No. 28/2023-CT(31.07.2023) 2.1.11.11 Supply of goods by the consignee to any other person, by endorsement of documents of title to the goods, after the goods have been dispatched from the port of origin located outside India but before clearance for home consumption – Para 8(b) of Schedule III - Deemed to have been inserted retrospectively with effect from 01.07.2017 – Section 159 of the Finance Act, 2023- N. No. 28/2023-CT(31.07.2023) 2.1.12 Notified activities or transactions undertaken by government neither to be treated as supply of goods nor supply of services - Section 7(2)(b) 2.1.13 Power of the Government to specify the transactions to be treated as supply of goods or supply of services - Section 7(3) 2.2 Supply of goods in the course of inter-state trade or commerce — Section 7(1), Section 7(2) and Section 7(5) of the IGST Act 2.3 Intra-State Supply of Goods-Section 8(1) of the IGST Act 2.4 Determination of inter-state supply of services — Sections 7(3), 7(4) and 7(5) of the IGST Act 2.4.1 Supply of Services in the Course of Inter-State Trade or Commerce - Section 7(3), Section 7(4) and Section 7(5) of the IGST Act 2.5 Intra-State Supply of Services – Section 8(2) of the IGST Act, 2017 2.5.1 Meaning of the term “establishments of distinct persons” – Explanation 1 to Section 8 of the IGST Act 2.5.2 Meaning of the term “An establishment in any territory” – Explanation 2 to Section 8 of the IGST Act 2.6 Supplies in territorial waters – Section 9 of the IGST Act

ISBN: 978-81-9772-975-1

AUTHOR: CA. Ashok Batra

Edition: 10th edn., 2024

Year: 2024

Pages: 1278