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GST - Definitions - An analysis

Goods and Services Tax - GST - By: - Balasubramanian Natarajan - Dated:- 12-8-2016 Last Replied Date:- 14-8-2016 - Section Content Our Comments 2(6) (6) aggregate turnover means the aggregate value of all taxable and non-taxable supplies, exempt supplies and exports of goods and/or services of a person having the same PAN, to be computed on all India basis and excludes taxes, if any, charged under the CGST Act, SGST Act and the IGST Act, as the case may be; Explanation.- Aggregate turnover does .....

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duce and also grazing, but does not include dairy farming, poultry farming, stock breeding, the mere cutting of wood or grass, gathering of fruit, raising of man-made forest or rearing of seedlings or plants; Explanation.- For the purpose of this clause, the expression forest means the forest to which the Indian Forest Act, 1927 applies. Dairy Farming Poultry farming and stock breeding are not Agricultutre. Captive plantations raised by Pulp and Paper industry will not be treated as agri operati .....

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ure of business; (e) provision by a club, association, society, or any such body (for a subscription or any other consideration) of the facilities or benefits to its members, as the case may be; (f) admission, for a consideration, of persons to any premises; and (g) services supplied by a person as the holder of an office which has been accepted by him in the course or furtherance of his trade, profession or vocation; A very wide and inclusive definition. Covers Profession and Vocation or any ot .....

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ly means a supply consisting of - (a) two or more goods; (b) two or more services; or (c) a combination of goods and services provided in the course or furtherance of business, whether or not the same can be segregated; The definition is not clear. Borrowed from the concept of bundled services There can be a composite contract of supply of goods and services. How supply of two separate services and two separate goods can be tretaed as composite supply is not clear. 2(28) (28) consideration in re .....

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n: Provided that a deposit, whether refundable or not, given in respect of the supply of goods and/or services shall not be considered as payment made for the supply unless the supplier applies the deposit as consideration for the supply Payment for inducement of supply of goods or services is also a consideration. Any Deposit which is not applied as consideration by the supplier for supply will not be treated as consideration It covers even advance payments made for supply of goods 2(30) (30) c .....

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or on recurrent basis, under a contract, for a period exceeding three months with periodic payment obligations and includes supply of such service as the Central or a State Government may, whether or not subject to any condition, by notification, specify A better definition which specifies a period. 2(37) (37) deemed exports , as notified by the Central Government/State Government on the recommendation of the Council, refer to those transactions in which the goods supplied do not leave India, an .....

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expressions, means taking out of India to a place outside India; Why taking out and not supply from India to a place outside India 2(44) (44) the supply of any service shall be treated as export of service when (a) the supplier of service is located in India, (b) the recipient of service is located outside India, (c) the place of supply of service is outside India, (d) the payment for such service has been received by the supplier of service in convertible foreign exchange, and (e) the supplier .....

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s, or to receive and use services for its own needs Confusing definition. What is meant by Own Needs 2(48) (48) goods means every kind of movable property other than actionable claim and money but includes securities, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under the contract of supply; Explanation.- For the purpose of this clause, the term moveable property shall not include any intangible property Excludes Intangib .....

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lanation 1.- An establishment of a person in India and any of his other establishment outside India shall be treated as establishments of distinct persons. Explanation 2.- A person carrying on a business through a branch or agency or representational office in any territory shall be treated as having an establishment in that territory 2(54) (54) input means any goods other than capital goods, subject to exceptions as may be provided under this Act or the rules made thereunder, used or intended t .....

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ed-means no one to one correlation is required 2(61) (61) inward supply in relation to a person, shall mean receipt of goods and/or services whether by purchase, acquisition or any other means and whether or not for any consideration; Receipt of goods/ Services by any means even without consideration is covered 2(62) (62) job work means undertaking any treatment or process by a person on goods belonging to another registered taxable person and the expression job worker shall be construed accordi .....

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obtained, that is to say, a fixed establishment elsewhere, the location of such fixed establishment; (iii) where a supply is received at more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the receipt of the supply; and (iv) in absence of such places, the location of the usual place of residence of the recipient; 2(65) (65) location of supplier of service means: (i) where a supply is made from a place o .....

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e supply; and (iv) in absence of such places, the location of the usual place of residence of the supplier; 2(67) (67) market value shall mean the full amount which a recipient of a supply is required to pay in order to obtain the goods and/or services of like kind and quality at or about the same time and at the same commercial level where the recipient and the supplier are not related; May give rise to dispute as it is subjective and relative 2(73) (73) outward supply in relation to a person, .....

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s a warehouse, a godown or any other place where a taxable person stores his goods, provides or receives goods and/or services; or (b) a place where a taxable person maintains his books of account; or (c) a place where a taxable person is engaged in business through an agent, by whatever name called; Why the word taxable person is used here 2(80) (80) recipient of supply of goods and/or services means- (a) where a consideration is payable for the supply of goods and/or services, the person who i .....

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pient shall also include an agent acting as such on behalf of the recipient in relation to the goods and/or services supplied In case of supply for a consideration, it appears that receipt of goods/services is not important. It is the person who pays is treated as Recipient 2(83) (83) removal , in relation to goods, means - (a) dispatch of the goods for delivery by the supplier thereof or by any other person acting on behalf of such supplier, or (b) collection of the goods by the recipient there .....

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operty There are different definitions are given in different act as per there uses and needs. But in the most important act which exclusively talks about the property and rights related to property transfer of property act 1882 has no definite definition of the term property. But it is defined in some other act as per their use and need. Those definitions are as follows: Section 2(c) of the Benami Transactions (Prohibition) Act, 1988 defines property as: Property means property of any kind, whe .....

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ervices made from the State by the said taxable person excluding taxes, if any charged under the CGST Act, SGST Act and the IGST Act, as the case may be; 2(107) (107) works contract means an agreement for carrying out for cash, deferred payment or other valuable consideration, building, construction, fabrication, erection, installation, fitting out, improvement, modification, repair, renovation or commissioning of any moveable or immovable property; 2(109) (109) zero-rated supply means a supply .....

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