CHAPTER 12 : 384
CHAPTER 13 : 390
CHAPTER 14 : 423
DIVISION FOUR SPECIFIED TAXABLE PERSON
CHAPTER 15 : 447
CHAPTER 16 : 469
CHAPTER 17 : 489
DIVISION FIVE COMPOSITION SCHEME
CHAPTER 18 : 505
CHAPTER 19 : 525
CHAPTER 20 : 533
CHAPTER 21 : 537
DIVISION SIX
INPUT TAX CREDIT (INCLUDING ISD)
CHAPTER 22 : 551
CHAPTER 23 : 616
CHAPTER 24 : 686
CHAPTER 25 : 700
CHAPTER 26 : 706
CHAPTER 27 : 717
DIVISION SEVEN RETURNS
CHAPTER 28 : 743
CHAPTER 29 : 763
CHAPTER 30 : 839
I-7
CHAPTER 31 : 867
CHAPTER 32 : 874
CHAPTER 33 : 944
CHAPTER 34 962
CHAPTER 35 : 965
CHAPTER 36 : 990
CHAPTER 37 : 1012
DIVISION EIGHT AUDIT
CHAPTER 38 : 1025
CHAPTER 39 : 1039
DIVISION NINE TDS & TCS
CHAPTER 40 : 1053
CHAPTER 41 : 1082
DIVISION TEN PAYMENT
CHAPTER 42 : 1115
CHAPTER 43 : 1125
CHAPTER 44 : 1132
CHAPTER 45 : 1181
CHAPTER 46 : 1188
DIVISION ELEVEN REFUNDS
CHAPTER 47 : 1209
CHAPTER 48 : 1227
DIVISION TWELVE ASSESSMENT
CHAPTER 49 : 1289
CHAPTER 50 : 1301
CHAPTER 51 : 1318
CHAPTER 52 : 1325
CHAPTER 53 : 1328
CHAPTER 54 : 1332
DIVISION THIRTEEN SEARCH AND SEIZURE
CHAPTER 55 : 1341
CHAPTER 56 : 1387
DIVISION FOURTEEN ADVANCE RULING
CHAPTER 57 : 1435
CHAPTER 58 : 1444
CHAPTER 59 : 1463
DIVISION FIFTEEN DEMAND & RECOVERY
CHAPTER 60 : 1471
CHAPTER 61 : 1536
CHAPTER 62 : 1582
DIVISION SIXTEEN APPEALS
CHAPTER 63 : 1641
CHAPTER 64 : 1691
I-9
CHAPTER 65 : 1706
CHAPTER 66 : 1719
DIVISION SEVENTEEN OFFENCES
CHAPTER 67 : 1723
CHAPTER 68 : 1738
CHAPTER 69 : 1780
CHAPTER 70 : 1793
CHAPTER 71 : 1813
DIVISION EIGHTEEN MISCELLANEOUS
CHAPTER 72 : 1819
CHAPTER 73 : 1828
CHAPTER 74 : 1839
ANNEXURE : -
ad valorem as a % age of value
3.1 ROLE OF VALUATION IN GST
Role of ‘valuation’ in registration:
Role of ‘valuation’ in filing of Reconciliation Statement:
Role of ‘consideration’ in ascertaining the value of supply:
Role of ‘valuation’ in case of Composition Scheme:
in State
Role of ‘valuation’ in issuance of Tax Invoice, Debit Note, Credit Note, etc:
Role of ‘valuation’ in case of person required to deduct TDS: However, TDS is required to be deducted only
Role of ‘valuation’ in case of person required to collect TCS: -
Role of ‘valuation’ in case of assessment:
Role of ‘valuation’ in case of Special audit: value
Role of ‘valuation’ in case of Advance ruling: inter alia,
3.2 VALUATION PROVISIONS
Section Clause Brief heading Provision of law
transaction value
price actually paid payablenot related
sole consideration
Valuation where the invoice has to be raised in case of event/milestone-
transaction value include exclude - HYT Sam India (JV),
intermediary
only on commission portion out of total consideration not on booking value
. - Sadashiv Anajee
Shete,Value of supply in case of Liquidity damages: actual liquidated damages-cum-consideration
North American Coal Corporation India Pvt. Ltd.,
Section Clause Brief heading Provision of law Value that needs to be INCLUDED/ADDED in Transaction value
if charged separately by the supplier. -
except where benefit of Pure agent
What is the correct valuation methodology for ascertainment of GST on Tax collected at source (TCS) under the provisions of the Income-tax Act, 1961?
Tax collected at source (TCS) under the provisions of the Income-tax Act, 1961 would not be includible as it is an interim levy not having the character of tax
Corrigendum F.No. 20/16/04/2018-GST, dated 7th March, 2019 to Circular No. 76/50/2018-GST, dated 31st December, 2018.
are components of the applicant’s expenditure
Security Agencies Association Union of India Ex-Servicemen Resettlement Society
State Government based on quantum mineral removed or consumed
30% of royalty
2% of the royalty paid under National Mineral Exploration Trust.
directly linked to the royalty payable
Though
the ultimate beneficiaries are the trusts set up by the State Government and Central Government respectively, it is, like royalty, payable under the same Act. The fact that payments are made to different persons does not mean that they are different suppliers, as the amounts paid are classified on the basis of the purpose for which the amounts are applied. The service provided is only the license to extract mineral ore and also the right to use such minerals extracted is a single service where the consideration is payable under three heads and in case any one of the payments is not made, the service provider, that is the Government would not issue the permit to use the mineral ore so extracted.
Naren Rocks and Mines Pvt. Ltd.,
JSW Steel Ltd.,
Charges under the Electricity Act: Circular No. 34/8/2018-GST, dated 1st March, 2018 -
Section 15 of the CGST Act do not include deductions of the amounts pertaining to EPF, ESI, Salary, or Wages.
Ashiana Housing Ltd.
Clause Brief heading Provision of law
Whether moulds and dies owned by Original Equipment Manufacturers (OEM) that are sent free of cost (FOC) to a component manufacturer is leviable to tax and whether OEMs are required to reverse input tax credit in this case?
Not a supply
No requirement of reversal of ITC Circular No. 47/21/2018-GST, dated 8th June, 2018, -
in the course or furtherance of his business no requirement for reversal of input tax credit
does not constitute a supply no consideration involved
Value of moulds and dies not to be included by OEM
Value of moulds and dies to be included by OEM
-
if the contract between OEM and component manufacturer was for supply of components made by using the moulds/dies belonging to the component manufacturer
shall not be added to the value because the cost of moulds/dies was not to be incurred by the component manufacturer
amortized cost of such moulds/dies shall be added to the value of the components
Value of moulds and dies not to be included by OEM Value of moulds and dies to be included by OEM
b reverse the credit-
Toolcomp Systems Private Limited, Nash Industries (I) Pvt. Ltd., Lear Automotive India Pvt. Ltd.,
Valuation in case of Job-work
Particulars Description if recovered from the principal Circular No. 38/12/2018 dated 26th March, 2018;
Particulars Description
If the value of such things has been factored in the price for the supply of job-work services by the job worker:
Circular No. 38/12/2018 dated 26th March, 2018.
If the value of such things has not been factored in the price for the supply of job-work services by the job worker:
Circular No. 38/12/2018 dated 26th March, 2018.
Tejas Constructions & Infrastructure Pvt. Ltd.,
build, maintain and operate
owns the transmission system/infrastructure with exclusive right and responsibility of its deposit work of transmission lines services of transmission of electricity services in the form of Deposit Works for various consumers/intending agencies
complete work is executed by the applicant itself -
supervision of the applicant.
fixed % on the total cost estimate shutdown charges
A demand note by the applicant is raised for GST on total cost estimate, i.e. on the value of deposit work by the consumer/ intending agency itself by treating the amount incurred by it as value of supply of service in accordance with Section 15(2)(b) of the GST Act, 2017.
Therefore, under both the methods/options, the ownership of the asset/infrastructure built/modified remains with the applicant only. It is the contention of the applicant that both these cases are transactions of supply of pure services and there is no supply of goods.