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DRAFT THE INTEGRATED GOODS AND SERVICE TAX 2016 PART I

Goods and Services Tax - GST - By: - Mr.M. GOVINDARAJAN - Dated:- 17-6-2016 - Introduction Followed by the model Goods and Service Tax Act, 2016, ( Act for short) the Finance Ministry brings in its domain the draft The Integrated Goods and Service Tax, 2016 , which contains XI chapters and 33 sections. Chapter I - Preliminary - Sections 1 and 2; Chapter II - Principles for determining supply of goods and/or services in the course of interstate trade or commerce - Sections 3 and 3A; Chapter III .....

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and Service Tax Section 2(c) of the Act defines the Integrated Goods and Service Tax (IGST) as tax levied under this Act on the supply of any goods and/or services in the course of inter-State trade or commerce. A supply of goods and/or services in the course of import into the territory of India shall be deemed to be a supply of goods and/or services in the course of inter-State trade or commerce. An export of goods and/or services shall be deemed to be a supply of goods and/or services in the .....

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ered by the supplier to a recipient or any other person, on the direction of a third person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to the goods or otherwise, it shall be deemed that the said third person has received the goods and the place of supply of such goods shall be the principal place of business of such person; where the supply does not involve movement of goods, whether by the supplier or the recipie .....

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hall be determined by law made by the Parliament in accordance with the recommendation of the Council. Section 3(1) provides that subject to the provisions of section 5, supply of goods in the course of inter-State trade or commerce means any supply where the location of the supplier and the place of supply are in different States. Supply of services in the course of interstate trade or Commerce Section 6 determines the place of supply of services. This section determines the place of provision .....

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ampsite, by whatever name called and including a house boat or any other vessel; or by way of accommodation in any immovable property for organizing any marriage or reception or matters related therewith, official, social, cultural, religious or business function including services provided in relation to such function at such property;or any services ancillary to the services referred to in clause (a), (b) and (c), shall be the location at which the immovable property or boat or vessel is locat .....

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upply of restaurant and catering services, personal grooming, fitness, beauty treatment, health service including cosmetic and plastic surgery shall be the location where the services are actually performed. Training and performance appraisal Section 6(6) provides that the place of supply of services in relation to training and performance appraisal to- a registered person, shall be the location of such person; a person other than a registered person, shall be the location where the services are .....

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ing, scientific, educational or entertainment event including supply of service in relation to a conference, fair, exhibition, celebration or similar events; or services ancillary to organization of any of the above events or services, or assigning of sponsorship of any of the above events, to a registered person, shall be the location of such person; a person other than a registered person, shall be the place where the event is actually held. Where the event is held in more than one State and a .....

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ly of services by way of transportation of goods, including by mail or courier to- a registered person, shall be the location of such person; a person other than a registered person, shall be the location at which such goods are handed over for their transportation. Passenger transportation service Section 6(10) provides that the place of supply of passenger transportation service to- registered person, shall be the location of such person; a person other than a registered person, shall be the p .....

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sued at the same time. Conveyance Section 6(11) provides that the place of supply of services on board a conveyance such as vessel, aircraft, train or motor vehicle, shall be the location of the first scheduled point of departure of that conveyance for the journey. Telecommunications service Section 6(12) provides that the place of supply of telecommunication services including data transfer, broadcasting, cable and direct to home television services to any person shall- in case of services by w .....

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and internet service are provided on pre-payment through a voucher or any other means, be the location where such pre-payment is received or such vouchers are sold. If such pre-paid service is availed or the recharge is made through internet banking or other electronic mode of payment, the location of the recipient of services on record of the supplier of services shall be the place of supply of such service. Banking and other financial services Section 6(13) provides that the place of supply of .....

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istered person, be the location of the recipient of services on the records of the supplier of services. Advertisement services to Governments Section 6(15) provides that the place of supply of advertisement services to the Central Government, a State Government, a statutory body or a local authority meant for identifiable States, shall be taken as located in each of such States and the value of such supplies specific to each State shall be in proportion to amount attributable to service provide .....

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uch person. Section 6(3) provides that the place of supply of services, except the services specified in sub-sections (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14) and (15), made to any person other than a registered person shall be- the location of the recipient where the address on record exists, and the location of the supplier of services in other cases. Section 3(2) provides that subject to the provisions of section 6, supply of services in the course of inter-State trade or co .....

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