I am grateful to CA Raj Chawla, member-Central Council (ICAI) for disseminating the practical aspects of the law. I am also thankful to my wife and kids for their direct
I-7
Preface to Eighth Edition
It gives me immense pleasure to place before esteemed readers, the eighth edition of my book “GST & Customs Law”. The book is designed as per B. Com. (Hons.)/Prog. syllabus of Delhi University and equivalent courses of other universities. July 1, 2022, marked the completion of five years of India’s ambitious Goods and Services Tax (GST) law. The same week also witnessed the 47th GST Council meeting scheduled at Chandigarh for two days - the 28th and 29th of June 2022. Smt. Nirmala Sitharaman chaired the meeting in the presence of the Minister of State for Finance and state ministers, including the MoF (state) Shri Pankaj Chaudhary. It was a significant meeting held after several months with many crucial matters, including modification to Form GSTR-3B, rate revisions and withdrawal of exemptions, inversion corrections, and IT-related measures.
The FM also announced that the 48th GST Council meeting is expected to be held in Madurai, Tamil Nadu during the first week of August 2022. The agenda would include the setting up of GST Appellate Tribunals and fixing the GST rate on casinos, online gaming, etc. based on the GoM’s report.
Recently, many new changes have taken place in GST Rules by way of notifications and Clarifications, especially regarding insertion of new entries of persons who are ineligible to opt composition levy, supplies of restaurant service through ECO under section 9(5), amendment in existing exemptions, introduction of new exemption and withdrawal of one existing exemption, reduction in threshold limit for e-invoicing to Rs. 20 crores, etc. In this edition, the salient features of these provisions have been included in the book’s introductory part under “Key Recent Developments and Amendments in GST.”
I am thankful to dear students who have shared their problems with me through E-Mail, which really helped me towards making the book more student-friendly. I am thankful to the publishers and the editorial team of Taxmann publications, with special thanks to Mr. Mitra Pal Yadav and Mr. Sumit Dwivedi.
Dated:
and indirect support, without which the thorough revision of the book would not have been Suggestionspossible.andqueries from the readers are welcomed at the below-mentioned E-Mail Id.
CA. (Dr.) K. M. Bansal 5th July, 2022 kmbansaldu@gmail.comI-8
Chapter 3 REGISTRATION 3.1
Contents PAGE
Chapter 7 OF SUPPLY 7.1
Key Recent Developments and Amendments in GST I-15
Preface to Eighth Edition I-7
Syllabus I-9
INDIRECT TAXES IN INDIA: PRE-GST ERA 1.1
Chapter 2
PLACE
Chapter 9 OF SUPPLY 9.1
SUPPLY UNDER GST 4.1
Chapter 6 FROM GST 6.1
Chapter 8
Chapter 10 TAX CREDIT 10.1
TIME OF SUPPLY 8.1
INPUT
Chapter 11 OF TAXES 11.1
PAYMENT
I-11
VALUE
Chapter 4
About the Author I-5
Abbreviations used in the book I-13
Chapter 1
EXEMPTIONS
LEVY AND COLLECTION OF GST 5.1
Chapter 5
GST IN INDIA: AN INTRODUCTION 2.1
ACCOUNTS, RECORDS & AUDIT 16.1
B.COM. : DEC. 2020 P.16
BAGGAGE AND EXEMPTIONS 24.1
VALUATION UNDER CUSTOMS 22.1
Chapter 21
Chapter 20
TYPES OF CUSTOMS DUTY 21.1
B.COM. (H) : MAY 2019 P.8
Chapter 16
B.COM. : DECEMBER 2019 P.11
TAX INVOICE, CREDIT AND DEBIT NOTES 14.1
CUSTOMS PROCEDURE 23.1
B.COM.(H) : AUG. 2020 P.13
B.COM.(H) : JUNE 2021 P.18
RETURNS UNDER GST 15.1
Chapter 14
B.COM. : DEC. 2021 P.20
OFFENCES, PENALTIES & APPEALS 18.1
Chapter 23
Chapter 19
B.COM.(H) : JUNE 2022 P.22
Chapter 12
Chapter 17 ASSESSMENT 17.1
BASIC CONCEPTS OF CUSTOMS LAW 20.1
B.COM. : DECEMBER 2018 P.7
QUESTION PAPERS (DELHI UNIVERSITY)
PAGE I-12
REVERSE CHARGE MECHANISM 13.1
Chapter 24
Chapter 18
B.COM. (H) : MAY 2018 P.3
Chapter 15
Chapter 13
JOB WORK 12.1
B.COM. : DECEMBER 2017 P.1
MISCELLANEOUS PROVISIONS 19.1
Chapter 22
TAXMANN® 7.1 INTRODUCTION 7.2 LEGAL FRAMEWORK Chapter V IGST Act Section 10 goods Section 11 : goods Section 12 : services in India Section 13 : servicesoutside India Section 14 : 7 CHAPTER PLACE OF SUPPLY# After studying this chapter, you shall be able to understand the following: LEARNING OBJECTIVES 7.1
®TAXMANN 7.3 IMPORTANCE OF PLACE OF SUPPLY Table 1 Case LocationSupplierof Place of Supply Whether location of supplier and the place of supply are in the same State Whetherintra-Stateinter-State/ YESYESYESNONONO 7.3.1 Location of supplier of Goods 7.3.2 Location of supplier of Services 15 Situation Location of Supplier of Services (a) (b) (c) (d Para) 7.3 7.2
TAXMANN® 7.3.3 Location of Recipient of Services 14 Situation Location of Supplier of Services (a) (b) (c) (d) 7.4 TYPES OF SUPPLY GeographicalBasis 1. Domestic Supply 2. Cross Border Supply 1. B2B Supply 2. B2C Supply Purpose Recipientof Type of Supply 7.4.1 Geographical Basis (a) (b) (a) Domestic Supply: (b) Cross border supply: GOODS’ SERVICES’ 7.3 Para 7.4
®TAXMANN 7.4.2 Purpose of Recipient (a) (b) (a) Business to Business Supply:For Example: (b) Business to Consumer Supply: Difference between B2B and B2C Supply B2B Supply B2C Supply 4.3.2.1. 7.5 PLACE OF SUPPLY OF DOMESTIC TRANSACTIONS INVOLVING GOODS five rules (d)(b)(a)(c)(e) 7.5.1 Supply involving movement of goods 1 a involving movement of goods Para 7.5 7.4
Example 7.1: Place of NatureLocationSupply:ofSupplier:ofSupply:
Who can undertake the movement of goods:
Example 7.2:
iiiiii
bac
Place of NatureLocationSupply:ofSupplier:ofSupply:
7.5 Para 7.5
TAXMANN®
7.5.2 Goods delivered on “Bill to ship to” Model 1 b
But, this section captures only the first supply between supplier and third person.
Example 7.3: 7.4:
Example 7.5:
Nature of Supply:
Kamal Limited Limited Limited Varad(ThirdLimitedParty)Limited(Recipient)
Example
Ritu
iibaci a b
Ritu
Kamal(Supplier)Limited
Place of NatureLocationSupply:ofSupplier:ofSupply:
Place of LocationSupply:ofSupplier (Kamal Limited):
®TAXMANN
b
Varad
Para 7.5 7.6
7.9:
Example
7.10:
7.5.3
7.7:
TAXMANN®
7.8:
Supply
7.7NatureLocationSupply:ofSupplier:ofSupply: Para 7.5
Place of
Place of
7.6:
NatureLocationSupply:ofSupplier:ofSupply:
Example
Example
Installation or Assembly of Goods 1 d
Supply not involving movement of goods 1 c
7.5.4 involving
Example
Example
®TAXMANN 7.5.5 Goods supplied on Board a Conveyance 1 e Example 7.11: Example 7.12: Place of Supply: 7.6 WHEN PLACE OF SUPPLY CANNOT BE DETERMINED AS ABOVE 7.7 PLACE OF SUPPLY OF GOODS IMPORTED INTO, OR EXPORTED FROM INDIA [CROSS BORDER TRANSACTIONS] services Para 7.7 7.8
TAXMANN® 7.7.1 Export of goods 7.7.2 Import of goods Example 7.13: Table 2 Import of Goods Case1.2.3. 7.8 PLACE OF SUPPLY OF SERVICES WHERE LOCATION OF SUPPLIER OF SERVICE AND THE LOCATION OF THE RECIPIENT OF SERVICE IS IN INDIA: [DOMESTIC TRANS ACTION IN SERVICES] ba 7.8.1 General Provisions [Section 12(2)] (a) When the recipient is registered person (b) When the recipient is unregistered person 7.9 Para 7.8
Place of Supply Example location of immovable property or the boat or the vessel Location of the recipient Note:
(b)
7.8.2 Specific Provisions
1. Services in relation to an immovable property/boat/vessel 12(3)]
®TAXMANN Supply of Service made to ……….. POS of Services (a) (b) (c) Example 7.14: Example 7.15: Example 7.16:
a e Para 7.8 7.10
[Section
(a) The
Category Service
Example 7.17: `
(c) (d
Place of Supply Example ) e)
Category Service
No.S. Type of service in relation to immovable property Factor which determines the proportionate value of service a)
7.11 Para 7.8
TAXMANN®
(
The provisions relating to place of supply can be summarized as follows: Nature of Supply Location of property/boat/vesselimmovable Place of Supply
Computation of value of services where immovable property is located in more than one State and where the location of supplier and recipient is in India [New rule 4 of the IGST Rules (effective from 1-1-2019)]
(
` ` (b)
No.S.
Situation POS Reason
Example 7.20 (Place of Supply of services directly in relation to immovable property)
(c)
®TAXMANN
Example 7.19:
(a) (b) Para 7.8 7.12
Type of service in relation to immovable property Factor which determines the proportionate value of service
Example 7.18:
TAXMANN® Situation POS Reason (c) (d) 2. Restaurant service, personal grooming/fitness/beauty and health services [Section 12(4)] Example 7.21: 3. Training and performance appraisal services [Section 12(5)] Type of service Place of Supply B2B Supply B2C Supply Example 7.22: 4. Services by way of admission to events/amusement park/other places [Section 12(6)] S.No. Supply Place of Supply Example 7.13 Para 7.8
Example 7.23:
Example 7.25:
5. Organisation of events [Section 12(7)]
Type of Service
` ` ` Para 7.8 7.14
Location of recipient (in all Cases)
®TAXMANN
Computation of value of services where event is organised in more than one State and where the location of supplier and the recipient is in India [New rule 5 of the IGST Rules (effective from 1-1-2019)]
Place of Supply Recipientregisteredis Recipient unregisteredis
Example 7.24:
TAXMANN® 6. Transportation of goods including mails [Section 12(8)] Type of Service Place of Supply If Recipient is Registered If Recipient Unregisteredis i.e Example 7.26: Example 7.27: 7. Passenger transportation service [Section 12(9)] Type of Service Place of Supply Recipientregisteredis Recipient is unregistered Example 7.28: 7.15 Para 7.8
®TAXMANN Example 7.29: Example 7.30: Example 7.31: 8. Service supplied on board a conveyance [Section 12(10)] Type of Service Place of Supply Example Example 7.32: 9. Telecommunication service [Section 12(11)] Supply Place of Supply Example Para 7.8 7.16
TAXMANN®
No.S.
iii
Number of Points Example
Example 1:
Supply Place of Supply Example
Computation of value of services where leased circuit is installed in more than one State and where the location of supplier and the recipient is in India [New rule 6 of the IGST Rules (effective from 01.01.2019)] a
7.17 Para 7.8
®TAXMANN No.S. Number of Points Example Example 2:
11.
10.
Banking, financial and stock broking services [Section 12(12)] Example 7.33:
Insurance services [Section 12(13)] . Example 7.34: Example 7.35: 12. Advertisement service to the Government [Section 12(14)] Type of Service Place of Supply Example 7.36: Para 7.8 7.18
Rs. : 875 | AUTHOR : K.M. Bansal PUBLISHER : TAXMANN DATE OF PUBLICATION : July 2022 EDITION : 8th Edition ISBN NO : 9789356223295 NO. OF PAGES : 636 BINDING TYPE : PAPERBACK GST & Customs Law | TEXTBOOK ORDER NOW Description USD : 45 Taxmann's flagship publication on GST & Customs Law aims to fulfil the requirement of students of undergraduate courses in commerce and management, particularly the following:Choice-Based Credit System o B.Com. (Hons.) Semester VI: Paper BCH 6.2: Goods and Services Tax (GST) and Customs Law o B.Com. Semester V: Paper BC 5.2(b): Goods & Services Tax (GST) and Customs Non-CollegiateLaw Women's Education Board School of Open Learning of University of Delhi Various Central Universities throughout India.
