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MEMORANDUM

MEMO - Acts - CENTRAL GOODS AND SERVICES TAX ACT, 2017 - MEMO - REGARDING DELEGATED LEGISLATION Clause 164 of the Central Goods and Services Bill, 2017 seeks to empower the Central Government to make rules, inter alia, in the following matters, namely:- (a) collection of taxes under section 9; (b) restrictions and conditions applicable to person opting for composition levy on under section 10; (c) value of the supply of goods or services or both under section 15; (d) conditions and restrictions .....

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der section 20; (i) manner and conditions for getting registered under section 25; (j) conditions for getting separate registration for business vertical under section 25; (k) period in which tax invoice is to be issued under section 31; (l) particulars to be declared on a tax invoice and a time in which such invoices are to be issued under section 31; (m) particulars to be declared on a credit or debit note under section 34; (n) particulars required to be maintained by a registered person at hi .....

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ction 50; (t) manner in which tax is to be deducted at source under section 51; (u) manner in which tax is to be collected at source under section 52; (v) manner and time for transfer of input tax credit under section 53; (w) form and manner in which application of refund is to be made under section 54; (x) condition and restrictions on refund in certain cases under section 55; (y) manner in which consumer welfare fund is to be constituted under section 57; (z) manner in which consumer welfare f .....

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the Appellate Authority is to be certified under section 101;(zg) appeals to Appellate Authority under section 107; (zh) constitution of selection committee and their manner of working for selection of the Technical Member (Centre) and Technical Member (State) of the National Bench and Regional Benches under section 110; (zi) verification of of cross objection under section 112; (zj) manner in which President exercise his financial and administrative powers under section 114; (zk) time, form and .....

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is required to be, or may be, specified by regulation or in respect of which provision is to be made by regulations. 3. The matters in respect of which the said rules and regulations may be made are matters of procedure and administrative detail, and as such, it is not practicable to provide for them in the proposed Bill itself. The delegation of legislative power is, therefore, of a normal character. FINANCIAL Clause 53 of the Bill provides for apportionment of tax and settlement of funds on a .....

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y for Advance Ruling under the State Goods and Services Tax Act or Union Territory Goods and Services Tax Act and adoption of the same under the Central Goods and Services Tax Act. 4. Sub- clause (1) of clause 109 of the Bill provides for the establishment of the Goods and Services Tax Appellate Tribunal by the Central Government for hearing appeals against the orders passed by the Appellate Authority or the Revisional Authority. Sub-clause (8) of clause 110 of the Bill provides for the salary a .....

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borne by the Central Government. Most of the existing officers and staff of the Central Board of Excise and Customs would be used for carrying out the various functions under the Bill. However, it is not possible to estimate the exact recurring and non-recurring expenditure from the Consolidated Fund of India at this stage. STATEMENT OF OBJECTS AND REASONS Presently, the Central Government levies tax on, manufacture of certain goods in the form of Central Excise duty, provision of certain servic .....

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evied by the Central Government are not available as set off against the taxes being levied by the State Governments; (ii) certain taxes levied by State Governments are not allowed as set off for payment of other taxes being levied by them; (iii) the variety of Value Added Tax Laws in the country with disparate tax rates and dissimilar tax practices divides the country into separate economic spheres; and (iv) the creation of tariff and non-tariff barriers such as octroi, entry tax, check posts, .....

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l. So, any tax that is presently being levied by the Central Government or the State Governments on the supply of goods or services is going to be converged in goods and services tax which is proposed to be a dual levy where the Central Government will levy and collect tax in the form of central goods and services tax and the State Government will levy and collect tax in the form of state goods and services tax on intra-State supply of goods or services or both. 4. In view of the above, it has b .....

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competitive, domestically as well as internationally. Due to the seamless transfer of input tax credit from one stage to another in the chain of value addition, there is an in-built mechanism in the design of goods and services tax that would incentivise tax compliance by taxpayers. The proposed goods and services tax will broaden the tax base, and result in better tax compliance due to a robust information technology infrastructure. 5. The Central Goods and Services Tax Bill, 2017, inter alia, .....

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