Daily Archives: August 17, 2017

GST ITC on Work-in-Progress : Issues and suggestions

By | August 17, 2017

Suggestions on GST Acts (July 2017) by Institute of Chartered Accountants of India 3. Availment of credit of input tax on Work-in-Progress Section 18(1) of CGST Act, 2017 provides that Subject to such conditions and restrictions as may be prescribed- (a) A person who has applied for registration under the Act within thirty days from… Read More »

Category: GST

GST on Construction portion completed prior to Sale : Issues and Suggestions

By | August 17, 2017

Suggestions on GST Acts (July 2017) by Institute of Chartered Accountants of India Suggestions on Construction Sector 1. Taxability of Construction portion completed prior to Sale Entry 5(b) of Schedule II read with Section 7 of CGST Act, 2017 provides that construction of a complex, building, civil structure or a part thereof, including a complex… Read More »

Category: GST

Mobile App MyFASTag and FASTag Partner launched by NHAI

By | August 17, 2017

NHAI launches mobile App MyFASTag and FASTag Partner  Apps will facilitate the availability of FASTags for Electronic Toll Collection  National Highways Authority of India launched two mobile Apps – MyFASTag and FASTag Partner in New Delhi today, to facilitate the availability of FASTags for Electronic Toll Collection.  Speaking on the occasion the NHAI Chairman Shri… Read More »

Exchange Rate of Foreign Currency w.e.f 18th August 2017

By | August 17, 2017

Exchange Rate of Foreign Currency Relating To Imported and Export Goods Notified In exercise of the powers conferred by Section 14 of the Customs Act, 1962 (52 of 1962), and in supersession of the notification of the Central Board of Excise and Customs(CBEC) No.75/2017-CUSTOMS (N.T.), dated  3rd August, 2017, except as respects things done or omitted to be done… Read More »

Schedule III Gujarat GST Act 2017 : Activities or transactions which shall be treated neither as a supply of goods nor a supply of services

By | August 17, 2017

Schedule III Gujarat GST Act 2017 ( Schedule III Gujarat GST Act 2017 explains Activities or transactions which shall be treated neither as a supply of goods nor a supply of services  )  SCHEDULE III (See section 7(2)(a))   ACTIVITIES OR TRANSACTIONS WHICH SHALL BE TREATED NEITHER AS A SUPPLY OF GOODS NOR A SUPPLY OF SERVICES 1. Services… Read More »

Schedule II Gujarat GST Act 2017 : Activities to be treated as supply of goods or supply of services

By | August 17, 2017

Schedule II Gujarat GST Act 2017 ( Schedule II Gujarat GST Act 2017 explains Activities to be treated as supply of goods or supply of services  )  SCHEDULE II (See section 7(1)(d)) ACTIVITIES TO BE TREATED AS SUPPLY OF GOODS OR SUPPLY OF SERVICES 1. Transfer (a) any transfer of the title in goods is a supply of goods;… Read More »

Schedule I Gujarat GST Act 2017 : Activities to be treated as supply even if made without consideration

By | August 17, 2017

Schedule I Gujarat GST Act 2017 ( Schedule I Gujarat GST Act 2017 explains Activities to be treated as supply even if made without consideration )  SCHEDULE I (See section 7(1)(c)) ACTIVITIES TO BE TREATED AS SUPPLY EVEN IF MADE WITHOUT CONSIDERATION 1. Permanent transfer or disposal of business assets where input tax credit has been availed on such… Read More »

Section 174 Gujarat GST Act 2017 : Savings

By | August 17, 2017

Section 174 Gujarat GST Act 2017 ( Section 174 Gujarat GST Act 2017 explains Savings and is covered in CHAPTER XXI MISCELLANEOUS   )  Savings 174. (1) The repeal of the Acts specified in section shall not— (a) revive anything not in force or existing at the time of such amendment or repeal; or (b) affect the previous operation of the amended… Read More »

Section 173 Gujarat GST Act 2017 : Repeal

By | August 17, 2017

Section 173 Gujarat GST Act 2017 ( Section 173 Gujarat GST Act 2017 explains Repeal  and is covered in CHAPTER XXI MISCELLANEOUS   )  Repeal 173. (1) Save as otherwise provided in this Act, on and from the date of commencement of this Act,- (i) the Gujarat Tax on Entry of Specified Goods into Local Areas Act, 2001 (Guj. 22 of 2001);… Read More »

Section 172 Gujarat GST Act 2017 : Removal of difficulties

By | August 17, 2017

Section 172 Gujarat GST Act 2017 ( Section 172 Gujarat GST Act 2017 explains Removal of difficulties  and is covered in CHAPTER XXI MISCELLANEOUS   )  Removal of difficulties 172. (1) If any difficulty arises in giving effect to any provisions of this Act, the Government may, on the recommendations of the Council, by a general or a special order published in… Read More »

Section 171 Gujarat GST Act 2017 : Anti-profiteering Measure

By | August 17, 2017

Section 171 Gujarat GST Act 2017 ( Section 171 Gujarat GST Act 2017 explains Anti-profiteering Measure  and is covered in CHAPTER XXI MISCELLANEOUS   )  Anti-profiteering Measure 171. (1) Any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in… Read More »

Section 170 Gujarat GST Act 2017 : Rounding off of tax, etc.

By | August 17, 2017

Section 170 Gujarat GST Act 2017 ( Section 170 Gujarat GST Act 2017 explains Rounding off of tax, etc. and is covered in CHAPTER XXI MISCELLANEOUS   )  Rounding off of tax, etc. 170. The amount of tax, interest, penalty, fine or any other sum payable, and the amount of refund or any other sum due, under the provisions of this Act… Read More »

Section 169 Gujarat GST Act 2017 : Service of notice in certain circumstances

By | August 17, 2017

Section 169 Gujarat GST Act 2017 ( Section 169 Gujarat GST Act 2017 explains Service of notice in certain circumstances and is covered in CHAPTER XXI MISCELLANEOUS   )  Service of notice in certain circumstances 169. (1) Any decision, order, summons, notice or other communication under this Act or the rules made thereunder shall be served by any one of the following… Read More »

Section 168 Gujarat GST Act 2017 : Power to issue instructions or directions

By | August 17, 2017

Section 168 Gujarat GST Act 2017 ( Section 168 Gujarat GST Act 2017 explains Power to issue instructions or directions and is covered in CHAPTER XXI MISCELLANEOUS   )  Power to issue instructions or directions 168. The Commissioner may, if he considers it necessary or expedient so to do for the purpose of uniformity in the implementation of this Act, issue such… Read More »

Section 167 Gujarat GST Act 2017 : Delegation of powers

By | August 17, 2017

Section 167 Gujarat GST Act 2017 ( Section 167 Gujarat GST Act 2017 explains Delegation of powers and is covered in CHAPTER XXI MISCELLANEOUS   )  Delegation of powers 167. The Commissioner may, by notification, direct that subject to such conditions, if any, as may be specified in the notification, any power exercisable by any authority or officer under this Act may… Read More »

Section 166 Gujarat GST Act 2017 : Laying of rules, regulations and notifications

By | August 17, 2017

Section 166 Gujarat GST Act 2017 ( Section 166 Gujarat GST Act 2017 explains Laying of rules, regulations and notifications and is covered in CHAPTER XXI MISCELLANEOUS   )  Laying of rules, regulations and notifications 166. Every rule made by the Government, every regulation made by the Government and every notification issued by the Government under this Act, shall be laid, as… Read More »

Section 165 Gujarat GST Act 2017 : Power to make regulations

By | August 17, 2017

Section 165 Gujarat GST Act 2017 ( Section 165 Gujarat GST Act 2017 explains Power to make regulations and is covered in CHAPTER XXI MISCELLANEOUS   )  Power to make regulations 165. The Government may, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act. Gujarat GST Act 2017 Gujarat GST… Read More »

Section 164 Gujarat GST Act 2017 : Power of Government to make rules

By | August 17, 2017

Section 164 Gujarat GST Act 2017 ( Section 164 Gujarat GST Act 2017 explains Power of Government to make rules and is covered in CHAPTER XXI MISCELLANEOUS   )   Power of Government to make rules 164. (1) The Government may, on the recommendations of the Council, by notification, make rules for carrying out.the provisions of this Act. (2) Without prejudice to the… Read More »

Section 162 Gujarat GST Act 2017 : Bar on jurisdiction of civil courts

By | August 17, 2017

Section 162 Gujarat GST Act 2017 ( Section 162 Gujarat GST Act 2017 explains Bar on jurisdiction of civil courts and is covered in CHAPTER XXI MISCELLANEOUS   )  Bar on jurisdiction of civil courts 162. Save as provided in sections 117 and 118, no civil court shall have jurisdiction to deal with or decide any question arising from or relating to… Read More »

Section 161 Gujarat GST Act 2017 : Rectification of errors apparent on the face of record

By | August 17, 2017

Section 161 Gujarat GST Act 2017 ( Section 161 Gujarat GST Act 2017 explains Rectification of errors apparent on the face of record and is covered in CHAPTER XXI MISCELLANEOUS   )  Rectification of errors apparent on the face of record 161. Without prejudice to the provisions of section 160, and notwithstanding anything contained in any other provisions of this Act, any… Read More »

Section 160 Gujarat GST Act 2017 : Assessment proceedings, etc. not to be invalid on certain grounds

By | August 17, 2017

Section 160 Gujarat GST Act 2017 ( Section 160 Gujarat GST Act 2017 explains Assessment proceedings, etc. not to be invalid on certain grounds and is covered in CHAPTER XXI MISCELLANEOUS   ) Assessment proceedings, etc. not to be invalid on certain grounds 160. (1) No assessment, re-assessment, adjudication, review, revision, appeal, rectification, notice, summons or other proceedings done, accepted, made, issued,… Read More »

Section 159 Gujarat GST Act 2017 : Publication of information in respect of persons in certain cases

By | August 17, 2017

Section 159 Gujarat GST Act 2017 ( Section 159 Gujarat GST Act 2017 explains Publication of information in respect of persons in certain cases and is covered in CHAPTER XXI MISCELLANEOUS   ) Publication of information in respect of persons in certain cases 159. (1) If the Commissioner, or any other officer authorised by him in this behalf, is of the opinion… Read More »

Section 158 Gujarat GST Act 2017 : Disclosure of information by a public servant

By | August 17, 2017

Section 158 Gujarat GST Act 2017 ( Section 158 Gujarat GST Act 2017 explains Disclosure of information by a public servant and is covered in CHAPTER XXI MISCELLANEOUS   ) Disclosure of information by a public servant 158. (1) All particulars contained in any statement made, return furnished or accounts or documents produced in accordance with this Act, or in any record… Read More »

Section 157 Gujarat GST Act 2017 : Protection of action under this Act

By | August 17, 2017

Section 157 Gujarat GST Act 2017 ( Section 157 Gujarat GST Act 2017 explains Protection of action under this Act and is covered in CHAPTER XXI MISCELLANEOUS   ) Protection of action under this Act 157. (1) No suit, prosecution or other legal proceedings shall lie against the President, State President, Members, officers or other employees of the Appellate Tribunal or any… Read More »

Section 156 Gujarat GST Act 2017 : Persons deemed to be public servants

By | August 17, 2017

Section 156 Gujarat GST Act 2017 ( Section 156 Gujarat GST Act 2017 explains Persons deemed to be public servants and is covered in CHAPTER XXI MISCELLANEOUS   ) Persons deemed to be public servants 156. All persons discharging functions under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. Gujarat… Read More »

Section 155 Gujarat GST Act 2017 : Burden of Proof

By | August 17, 2017

Section 155 Gujarat GST Act 2017 ( Section 155 Gujarat GST Act 2017 explains Burden of Proof and is covered in CHAPTER XXI MISCELLANEOUS   ) Burden of Proof 155. Where any person claims that he is eligible for input tax credit under this Act, the burden of proving such claim shall lie on such person. Gujarat GST Act 2017 Gujarat GST… Read More »

Section 154 Gujarat GST Act 2017 : Power to take samples

By | August 17, 2017

Section 154 Gujarat GST Act 2017 ( Section 154 Gujarat GST Act 2017 explains Power to take samples and is covered in CHAPTER XXI MISCELLANEOUS   ) Power to take samples 154. The Commissioner or an officer authorised by him may take samples of goods from the possession of any taxable person, where he considers it necessary, and provide a receipt for… Read More »

Section 153 Gujarat GST Act 2017 : Taking assistance from an expert

By | August 17, 2017

Section 153 Gujarat GST Act 2017 ( Section 153 Gujarat GST Act 2017 explains Taking assistance from an expert and is covered in CHAPTER XXI MISCELLANEOUS   ) Taking assistance from an expert 153. Any officer not below the rank of Assistant Commissioner may, having regard to the nature and complexity of the case and the interest of revenue, take assistance of… Read More »

Section 152 Gujarat GST Act 2017 : Bar on disclosure of information

By | August 17, 2017

Section 152 Gujarat GST Act 2017 ( Section 152 Gujarat GST Act 2017 explains Bar on disclosure of information and is covered in CHAPTER XXI MISCELLANEOUS   ) Bar on disclosure of information 152. (1) No information of any individual return or part thereof with respect to any matter given for the purposes of section 150 or section 151 shall, without the… Read More »

Section 151 Gujarat GST Act 2017 : Power to collect statistics

By | August 17, 2017

Section 151 Gujarat GST Act 2017 ( Section 151 Gujarat GST Act 2017 explains Power to collect statistics and is covered in CHAPTER XXI MISCELLANEOUS   ) Power to collect statistics 151. (1) The Commissioner may, if he considers that it is necessary so to do, by notification, direct that statistics may be collected relating to any matter dealt with by or… Read More »

Section 150 Gujarat GST Act 2017 : Obligation to furnish information return

By | August 17, 2017

Section 150 Gujarat GST Act 2017 ( Section 150 Gujarat GST Act 2017 explains Obligation to furnish information return and is covered in CHAPTER XXI MISCELLANEOUS   ) Obligation to furnish information return 150. (1) Any person, being— (a) a taxable person; or (b) a local authority or other public body or association; or (c) any authority of the State Government responsible… Read More »

Section 149 Gujarat GST Act 2017 : Goods and services tax compliance rating

By | August 17, 2017

Section 149 Gujarat GST Act 2017 ( Section 149 Gujarat GST Act 2017 explains Goods and services tax compliance rating and is covered in CHAPTER XXI MISCELLANEOUS   ) Goods and services tax compliance rating 149. (1) Every registered person may be assigned a goods and services tax compliance rating score by the Government based on his record of compliance with the… Read More »

Section 148 Gujarat GST Act 2017 : Special procedure for certain processes

By | August 17, 2017

Section 148 Gujarat GST Act 2017 ( Section 148 Gujarat GST Act 2017 explains Special procedure for certain processes and is covered in CHAPTER XXI MISCELLANEOUS   ) Special procedure for certain processes 148. The Government may, on the recommendations of the Council, and subject to such conditions and safeguards as may be prescribed, notify certain classes of registered persons, and the… Read More »

Section 147 Gujarat GST Act 2017 : Deemed Exports

By | August 17, 2017

Section 147 Gujarat GST Act 2017 ( Section 147  Gujarat GST Act 2017 explains  Deemed Exports and is covered in CHAPTER XXI MISCELLANEOUS   )   Deemed Exports 147. The Government may, on the recommendations of the Council, notify certain supplies of goods as “deemed exports”, where goods supplied do not leave India, and payment for such supplies is received either in… Read More »

Section 146 Gujarat GST Act 2017 : Common Portal

By | August 17, 2017

Section 146 Gujarat GST Act 2017 ( Section 146  Gujarat GST Act 2017 explains Common Portal and is covered in CHAPTER XXI MISCELLANEOUS   ) Common Portal 146. The Government may, on the recommendations of the Council, notify the Common Goods and Services Tax Electronic Portal for facilitating registration, payment of tax, furnishing of returns, computation and settlement of integrated tax,… Read More »

Section 145 Gujarat GST Act 2017 : Admissibility of micro films, facsimile copies of documents and computer printouts as documents and evidence

By | August 17, 2017

Section 145 Gujarat GST Act 2017 ( Section 145  Gujarat GST Act 2017 explains Admissibility of micro films, facsimile copies of documents and computer printouts as documents and evidence and is covered in CHAPTER XXI MISCELLANEOUS   ) Admissibility of micro films, facsimile copies of documents and computer printouts as documents and evidence 145. (1) Notwithstanding anything contained in any other… Read More »

Section 144 Gujarat GST Act 2017 : Presumption as to documents in certain cases

By | August 17, 2017

Section 144 Gujarat GST Act 2017 ( Section 144  Gujarat GST Act 2017 explains Presumption as to documents in certain cases and is covered in CHAPTER XXI MISCELLANEOUS   ) Presumption as to documents in certain cases 144. Where any document- (i) is produced by any person under this Act or any other law for the time being in force; or… Read More »

Section 143 Gujarat GST Act 2017 : Job-work procedure

By | August 17, 2017

Section 143 Gujarat GST Act 2017 ( Section 143  Gujarat GST Act 2017 explains Job-work procedure and is covered in CHAPTER XXI MISCELLANEOUS   ) Job-work procedure 143. (1) A registered person (hereafter in this section referred to as the “principal”) may, under intimation and subject to such conditions as may be prescribed, send any inputs or capital goods, without payment… Read More »

Section 142 Gujarat GST Act 2017 : Miscellaneous transitional provisions

By | August 17, 2017

Section 142 Gujarat GST Act 2017 ( Section 142  Gujarat GST Act 2017 explains Miscellaneous transitional provisions and is covered in CHAPTER XX TRANSITIONAL PROVISIONS  ) Miscellaneous transitional provisions 142. (1) Where any goods on which tax, if any, had been paid under the existing law at the time of sale thereof, not being earlier than six months prior to… Read More »

Section 141 Gujarat GST Act 2017 : Transfitional provisions relating job-work

By | August 17, 2017

Section 141 Gujarat GST Act 2017 ( Section 141  Gujarat GST Act 2017 explains Transfitional provisions relating job-work and is covered in CHAPTER XX TRANSITIONAL PROVISIONS  ) Transfitional provisions relating job-work 141. (1) Where any inputs received at a place of business had been despatched as such or despatched after being partially processed to a job-worker for further processing, testing,… Read More »

Section 140 Gujarat GST Act 2017 : Transitional arrangements for input tax credit

By | August 17, 2017

Section 140 Gujarat GST Act 2017 ( Section 140  Gujarat GST Act 2017 explains Transitional arrangements for input tax credit and is covered in CHAPTER XX TRANSITIONAL PROVISIONS  ) Transitional arrangements for input tax credit 140. (1) A registered person, other than a person opting to pay tax under section 10, shall be entitled to take, in his electronic credit… Read More »

Section 139 Gujarat GST Act 2017 : Migration of existing taxpayers

By | August 17, 2017

Section 139 Gujarat GST Act 2017 ( Section 139  Gujarat GST Act 2017 explains Migration of existing taxpayers and is covered in CHAPTER XX TRANSITIONAL PROVISIONS  ) Migration of existing taxpayers 139. (1) On and from the appointed day, every person registered under any of the existing laws and having a valid Permanent Account Number shall be issued a certificate… Read More »

Section 138 Gujarat GST Act 2017 : Compounding of offences

By | August 17, 2017

Section 138 Gujarat GST Act 2017 ( Section 138 Gujarat GST Act 2017 explains Compounding of offences and is covered in CHAPTER XIX OFFENCES AND PENALTIES ) Compounding of offences 138. (1) Any offence under this Act may, either before or after the institution of prosecution, be compounded by the Commissioner on payment, by the person accused of the offence, to… Read More »

Section 137 Gujarat GST Act 2017 : Offences by Companies

By | August 17, 2017

Section 137 Gujarat GST Act 2017 ( Section 136 Gujarat GST Act 2017 explains Offences by Companies and is covered in CHAPTER XIX OFFENCES AND PENALTIES ) Offences by Companies 137. (1) Where an offence committed by a person under this Act is a company, every person who, at the time the offence was committed was in charge of, and was… Read More »

Section 136 Gujarat GST Act 2017 : Relevancy of statements under certain circumstances

By | August 17, 2017

Section 136 Gujarat GST Act 2017 ( Section 136 Gujarat GST Act 2017 explains Relevancy of statements under certain circumstances and is covered in CHAPTER XIX OFFENCES AND PENALTIES ) Relevancy of statements under certain circumstances 136. A statement made and signed by a person on appearance in response to any summons issued under section 70 during the course of any… Read More »

Section 135 Gujarat GST Act 2017 : Presumption of culpable mental state

By | August 17, 2017

Section 135 Gujarat GST Act 2017 ( Section 135 Gujarat GST Act 2017 explains Presumption of culpable mental state and is covered in CHAPTER XIX OFFENCES AND PENALTIES ) Presumption of culpable mental state 135. In any prosecution for an offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the… Read More »