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INTERPRETATION OF CENTRAL GOODS AND SERVICES TAX (CGST) ACT (PART-2)(Meaning of Important Terms)

Goods and Services Tax - GST - By: - Dr. Sanjiv Agarwal - Dated:- 22-4-2017 - This part of the series contains meanings of certain terms covered in Section 2 of the CGST Act, 2017. These are actionable claim, address of delivery, address on record, adjudicating authority and agent. Definitions (Section 2) Section (2) of the CGST Act provides for 119 definitions of various terms and expressions used in the Act. It has been provided that words or expressions which are not defined in CGST Act but d .....

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ction 2(1)] Actionable claim will have the meaning assigned to it in Transfer of Property Act, 1882. According to section 3 of the Transfer of Property Act, 1882, actionable claims include the following types of claims :- A claim to unsecured debts A claim to beneficial interest in movable property A claim to any debt Accordingly, the claims like claim for arrear rent, option offered to repurchase the property once sold, unsecured debts, insurance money, right to claim and recover etc. will be c .....

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. Civil courts should recognize such claim as worthy of affording grounds for relief. Such claims or interest could be existing, accruing, conditional or contingent. Actionable claims can be assigned Actionable claims can be enforced in a court of law. Examples of claims which are 'actionable claims': Claim for arrear rent. Claim for rent to fall due in future. An option offered to repurchase the property once sold. Benefit of a contract giving option to purchase the land. Contract for p .....

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as goods. Address of delivery [Section 2(2)] GST is based on destination based principle. Address of delivery helps in determination the destination of supply of goods and / or services. '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. Accordingly, following points are to be noted for 'address of delivery' - It is an address of the recipient of goo .....

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the time being in force. Address of delivery is one of the important factors which help in determination of nature of transaction like inter-state or intra-state supply. Address on record [Section 2(3)] It is the address of recipient as is available in the records of supplier Location of recipient of supply of goods and / or services is one of the factors to be considered for the purpose of determination of nature of transaction like inter-state or intra state. This factor is equally relevant ir .....

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