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READING DOWN MODEL IGST ACT (PART-4)

Goods and Services Tax - GST - By: - Dr. Sanjiv Agarwal - Dated:- 19-7-2016 - 'Supply' is going to be altogether a new concept in the indirect taxation, far away from manufacture (central excise), provision of service (service tax) or sale (value added tax). This concept will change the citus of taxation from 'origin' to 'destination' and is thus a total 'U-turn' from the present day taxation regime. Meaning of Supply [Section 2(f)] The term 'supply' has b .....

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ation) In relation to 'supply' for the purpose of GST, following points may be noted - supply shall be goods and / or services supply should be made or agreed to be made supply should be for a consideration supply should be made by person supply should be made in the course of or furtherance of business supply shall include importation of service, irrespective of whether for consideration or not and whether in the course of or furtherance of business or not. supply shall include supply a .....

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upply of goods / services by a taxable person to another taxable or non-taxable person in the course or furtherance of business. As Schedule-I includes matters to be treated as supply without consideration, the scope of 'supply' becomes much wider or unlimited. It shall cover services put to any private or non-business use and supply of goods or services by a taxable person to another taxable or non-taxable person in the course of or furtherance of business. (e.g., free gifts or samples, .....

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cation, the treatment of transactions. On the recommendation of the GST Council, such notification may notify that the transaction be treated - as supply of goods and not as a supply of services as supply of services and not as supply of goods neither as supply of goods nor as supply of services Chapter II (section 3 and 3A) of the IGST, Act provide for the provisions for determining supply of goods and services in the course of inter-state and intra-state trade or commerce Chapter IV (sections .....

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ce with the provisions of this Act. Supply of goods / services in inter-state trade or commerce section 3 of the IGST Act provides for principles for determining supply of goods and /or services in the course of inter-state trade or commerce. Accordingly, Subject to the provisions of section 5, a supply of goods shall be deemed to take place in the course of inter-State trade or commerce if the location of the supplier and the place of such supply are in different States. Subject to the provisio .....

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6 in place of supply of services in the course of inter-state trade or commerce. Supply of goods and / or services shall be deemed to take place in the course of inter-state trade or commerce if - In case of goods, location of supplier and the place of supply of goods are in different states In case of services, location of service provider and place of supply of service are in different states. Thus, for a supply to be inter-state, it will be seen that - Supply shall be of goods / services in c .....

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