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RECOMMENDATIONS TO BE MADE BY GST COUNCIL

Goods and Services Tax - GST - By: - Mr. M. GOVINDARAJAN - Dated:- 27-1-2017 - Functions of GST Council Article 279A (4) provides that GST council shall make recommendations to the Union and the States on- the taxes, cesses and surcharges levied by the Union, the States and the local bodies which may be submitted in the goods and services tax; the goods and services that may be subject to, or exempted from the goods and services tax; model Goods and Services Tax Laws, principal of levy, apportio .....

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radesh and Uttarakhand; and any other matter relating to the goods and services tax, as the Council may decide. Article 279A (5) provides that the Council shall recommend the date on which the GST be levied on petroleum crude, high speed diesel, motor spirit, natural gas and aviation turbine fuel. While discharging the functions, the Council shall be guided by the need for a harmonized structure of GST and for the development of a harmonized market for goods and services. The Council shall deter .....

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nment and State Governments, on the recommendation of the Council, for the specified purpose, as may be notified under the Act; Section 2(37) - Deemed exports as notified by the Central Government/State Government on the recommendations of the Council, refer to those transactions in which the goods supplied do not leave India and payment of such supplies is received either in India rupees or in convertible foreign exchange; Section 2(83) - regulations means the regulations made by the Commission .....

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ified by the Central/State Government in this behalf, but not exceeding 14%, on the recommendation of the Council and collected in such manner as may be prescribed; Section 8(3) - The Central or a State Government may, on the recommendation of the Council, by notification, specify categories of supply of goods and/or services the tax on which is payable on reverse charge basis and the tax thereon shall be paid by the recipient of such goods and/or services and all the provisions of this Act shal .....

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ng the tax in relation to the supply of such services; Composition Levy Section 9 - Notwithstanding anything to the contrary contained in this Act but subject to Section 8(3), on the recommendation of the Council, the proper officer of the Central or a State Government may, subject to such conditions and restrictions as may be prescribed, permit a registered taxable person, whose aggregate turnover in the preceding financial year did not exceed ₹ 50 lakh, to pay, in lieu of the tax payable .....

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mpt generally either absolutely or subject to such conditions as may be specified in the notification, goods and/or services of any specified description from the whole or any part of the tax leviable thereon with effect from the date of issue of notification or any date subsequent thereto as may be specified in the said notification; Section 11(2) - If the Central or a State Government is satisfied that it is necessary in the public interest so to do, it may, on the recommendation of the Counci .....

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23(13) - The Central or a State Government may, on the recommendation of the Council, by notification, specify the category 6 of persons who may be exempted from obtaining registration under this Act; Tax invoice Section 25(1) - proviso - Provided that the Central/State Government may, on the recommendation of the Council, by notification, specify the categories of goods and/or supplies in respect of which the tax invoice shall be issued within such time as may be prescribed; Section 25(2) - pr .....

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y notification, the supply of goods or services that shall be treated as continuous supply of goods or services. Interest on delayed payment of tax Section 45 (1) - Every person liable to pay tax in accordance with the provisions of the Act or rules made there under, who fails to pay the tax or any part thereof to the account of the Central or a State Government within the period prescribed, shall, on his own, for the period for which the tax or any part thereof remains unpaid, pay interest at s .....

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und in certain cases Section 49 - The Central/State Government may, on the recommendation of the Council, by notification, specify any specialized agency of the United Nations Organization or any Multilateral Financial Institution and Organization notified under the United Nations (Privileges and Immunities) Act, 1947, Consulate or Embassy of foreign countries and any other person or class of persons as may be specified in this behalf, who shall, subject to such conditions and restrictions as ma .....

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le in respect of such refund from the date immediately after the expiry of 60 days from the date of receipt of application under the said sub section till the date of refund of such tax. Appeal not to be filed in certain cases Section 111(1) - The Board or the State Government may, on the recommendation of the Council, from time to time, issue orders or instructions or direction fixing such monetary limits, as it may deem fit, for the purposes of regulating the filing of appeal or application by .....

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ty or transaction of purchase, sale or exchange of goods or property or right or interest in a property, under nay law for the time being in force, shall furnish an information return of the same in respect of such periods, within such time, in such form (including electronic form) and manner, to such authority or agency as may be prescribed. Power of Central (or State) Government to make rules Section 154(1) - The Central Government (or the State Government) may, on the recommendation of the Co .....

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