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Section 2 - Draft-Bills-Reports - PRELIMINARY - Goods and Services Tax - Section 2 - 2. In this Act, unless the context otherwise requires,- (1) actionable claim shall have the meaning assigned to it in section 3 of the Transfer of Property Act, 1882 (4 of 1882); (2) address of delivery means the address of the recipient of goods and/or services indicated on the tax invoice issued by a taxable person for delivery of such goods and/or services; (3) address on record means the address of the recip .....

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called, who carries on the business of supply or receipt of goods or services on behalf of another, whether disclosed or not; (6) aggregate turnover means the aggregate value of all taxable supplies, exempt supplies, exports of goods and/or services and inter-State supplies 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 not include the .....

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t 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 (XVI of 1927) applies. (8) agriculturist means a person who cultivates land personally, for the purpose of agriculture; (9) "Appellate Tribunal" means the National Goods and Services Tax Appellate Tribunal constituted under section 100; (10) appointed day means the date on which section 1 of this Act comes into effect; (11) appro .....

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other documents maintained or furnished by the taxable person under this Act or rules made thereunder or under any other law for the time being in force to verify, inter alia, the correctness of turnover declared, taxes paid, refund claimed and input tax credit availed, and to assess his compliance with the provisions of this Act or rules made thereunder; (15) authorized bank shall mean a bank or a branch of a bank authorized by the appropriate Government to collect the tax or any other amount p .....

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f (a) above, whether or not there is volume, frequency, continuity or regularity of such transaction; (d) supply or acquisition of goods including capital assets and services in connection with commencement or closure 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 b .....

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enterprise that is engaged in supplying an individual product or service or a group of related products or services and that is subject to risks and returns that are different from those of other business verticals; Explanation: Factors that should be considered in determining whether products or services are related include: (a) the nature of the products or services; (b) the nature of the production processes; (c) the type or class of customers for the products or services; (d) the methods us .....

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ervices in the course or furtherance of business whether as principal, agent or in any other capacity, in a taxable territory where he has no fixed place of business; (21) CGST means the tax levied under the Central Goods and Services Tax Act, 2016; (22) chartered accountant means a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (38 of 1949); (23) commissioner means the Commissioner of Central Goods and Services Tax / Commissioner of State Goods and Services Tax a .....

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s in respect of a State shall mean such days in succession which are not declared as a gazetted holiday by the Central Government or the concerned State Government; (26) "company secretary" means a company secretary within the meaning of the Company Secretaries Act, 1980 (56 of 1980); (27) composite supply means a supply made by a taxable person to a recipient comprising two or more supplies of goods or services, or any combination thereof, which are naturally bundled and supplied in c .....

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he supply of goods or services, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government; (b) the monetary value of any act or forbearance, whether or not voluntary, in respect of, in response to, or for the inducement of, the supply of goods or services, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government: PROVIDED that a deposit, whe .....

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e journey for which one or more separate tickets or invoices are issued; Explanation.- For the purposes of this clause, stopover means a place where a passenger can disembark either to transfer to another conveyance or break his journey for a certain period in order to resume it at a later point of time. (30) continuous supply of goods means a supply of goods which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, whether or not by means of a wire, cabl .....

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nce includes a vessel, an aircraft and a vehicle; (33) cost accountant means a cost accountant within the meaning of the Cost and Works Accountants Act, 1959 (23 of 1959); (34) Council means the Goods and Services Tax Council established under Article 279A of the Constitution; (35) credit note means a document issued by a taxable person as referred to in sub-section (1) of section 31; (36) debit note means a document issued by a taxable person as referred to in sub-section (3) of section 31; (37 .....

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ay, (a) . . . (b) . . . (c) . . . as amended from time to time and includes enactments which have validated anything done or omitted to be done under any of the above mentioned laws and also any law repealed by the earlier laws but continued in force under any provisions of the above enumerated laws; (40) electronic cash ledger means the electronic cash ledger referred to in sub-section (1) of section 44; (41) electronic commerce means supply of goods and/or services including digital products o .....

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tax under section 11 ; (45) First Appellate Authority means an authority referred to in section 98; (46) first stage dealer means a dealer, who purchases the goods directly from,- (i) the manufacturer under the cover of an invoice issued in terms of the provisions of Central Excise Rules, 2002 or from the depot of the said manufacturer, or from premises of the consignment agent of the said manufacturer or from where the goods are sold by or on behalf of the said manufacturer, under cover of an .....

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ods means every kind of movable property other than money and securities but includes actionable claim, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply; (50) government means Central Government and its departments, a State Government and its departments and a Union territory and its departments, but shall not include any entity, whether created by a statute or otherwise, the accounts of which are n .....

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ffice of the supplier of goods and/or services which receives tax invoices issued under section 28 towards receipt of input services and issues a prescribed document for the purposes of distributing the credit of CGST (SGST in State Acts) and / or IGST paid on the said services to a supplier of taxable goods and / or services having same PAN as that of the office referred to above; (55) "input tax" in relation to a taxable person, means the IGST, including that on import of goods, CGST .....

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of intra-State trade or commerce in terms of sub-section (2) of section 4 of IGST Act, 2016; (59) invoice shall have the meaning as assigned to it under section 28; (60) 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; (61) job work means undertaking any treatment or process by a person on goods belonging to another registered taxable person and the expression job work .....

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nments Act, 2006 (41 of 2006); (e) a Regional Council or a District Council constituted under the Sixth Schedule to the Constitution; (f) a Development Board constituted under Article 371 of the Constitution; or (g) a Regional Council constituted under Article 371A of the Constitution; (63) manufacturer shall have the meaning assigned to it by the Central Excise Act, 1944 (1 of 1944); (64) market value shall mean the full amount which a recipient of a supply is required to pay in order to obtain .....

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Indian legal tender of another denomination but shall not include any currency that is held for its numismatic value; (66) mixed supply means two or more individual supplies of goods or services, or any combination thereof, made in conjunction with each other by a taxable person for a single price where such supply does not constitute a composite supply; Illustration: A supply of a package consisting of canned foods, sweets, chocolates, cakes, dry fruits, aerated drink and fruit juices when sup .....

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t or in any other capacity but who has no fixed place of business in India; (69) non-taxable territory means the territory which is outside the taxable territory; (70) notification means notification published in the Official Gazette and the expressions notify and notified shall be construed accordingly; (71) output tax in relation to a taxable person, means the CGST/SGST chargeable under this Act on taxable supply of goods and/or services made by him or by his agent and excludes tax payable by .....

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porated or not, in India or outside India; (g) any corporation established by or under any Central, State or Provincial Act or a Government company as defined in section 2(45) of the Companies Act, 2013 (18 of 2013); (h) any body corporate incorporated by or under the laws of a country outside India; (i) a co-operative society registered under any law relating to cooperative societies; (j) a local authority; (k) government; (l) society as defined under the Societies Registration Act, 1860 (21 of .....

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whatever name called; (75) prescribed means prescribed by the rules, regulations or by any notification issued under this Act; (76) principal means a person on whose behalf an agent carries on the business of supply or receipt of goods and/or services; (77) principal place of business means the place of business specified as the principal place of business in the certificate of registration; (78) principal supply means the supply of goods or services which constitutes the predominant element of .....

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e last day of March, June, September and December of a calendar year; (81) 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 is liable to pay that consideration, (b) where no consideration is payable for the supply of goods, the person to whom the goods are delivered or made available, or to whom possession or use of the goods is given or made available, and (c) where no consideration is payable for th .....

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made by the Commissioner under any provision of the Act on the recommendation of the Council; (84) persons shall be deemed to be related persons if only - (a) they are officers or directors of one another's businesses; (b) they are legally recognized partners in business; (c) they are employer and employee; (d) any person directly or indirectly owns, controls or holds twenty five per cent or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectl .....

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removal , in relation to goods, means - (a) despatch 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 thereof or by any other person acting on behalf of such recipient; (86) return means any return prescribed or otherwise required to be furnished by or under this Act or rules made thereunder; (87) reverse charge means the liability to pay tax by the recipient of supply of goods or services .....

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ans a dealer who purchases the goods from a first stage dealer as defined in sub-section (46); (92) services means anything other than goods; Explanation 1.- Services include transactions in money but does not include money and securities; Explanation 2.- Services does not include transaction in money other than an activity relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a se .....

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es under this Act and includes any amount payable under section 9 or sub-section (10) of section 18; (97) tax period means the period for which the return is required to be filed; (98) taxable person shall have the meaning as assigned to it in section 10; (99) taxable supply means a supply of goods and/or services which is chargeable to tax under this Act; (100) non-taxable supply means a supply of goods or services which is not chargeable to tax under this Act; (101) taxable territory means the .....

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ignals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electro-magnetic means; (104) time of supply of goods shall have the meaning as assigned to it in section 12 ; (105) time of supply of services shall have the meaning as assigned to it in section 13; (106) to cultivate personally means to carry on any agricultural operation on one s own account- (a) by one s own labour, or (b) by the labour of one s family, or (c) by servants on wages payable in cas .....

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