9911796707
TMI BlogClarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the MGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the MGST Act: applicability of notification No. 50/2018-State Tax; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GST.X X X X Extracts X X X X X X X X Extracts X X X X ..... p;………….. ………………….. Subject: Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the MGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the MGST Act: applicability of notification No. 50/2018-State Tax; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GST. Sir / Gentlemen / Madam 1. Various representations have been received in the Board seeking clarification on certain issues under the GST laws. On this aspect Board has issued a Circular cited at Ref. above. In view of this, a Trade Cir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government, State Government, Union territory or a local authority to an unregistered person. 4. It was noted that such supply to an unregistered person is also a taxable supply under GST but is not covered under notification No. 36/2017-State Tax (Rate) and notification No. 37/2017- Integrated Tax (Rate) both dated 13.10.2017. 5. In this regard, it is clarified that the respective Government departments (i.e. Central Government, State Government, Union territory or a local authority) shall be liable to get registered and pay GST on intra-State and inter-State supply of used vehicles, seized and confiscated goods, old and used goods, waste and scrap made by them to unregistered person subject to the provisions of sections 22 and 24 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ote is to be issued under section of the MGST Act or a credit note under section 142 (2) (b) of the MGST Act, what will be the tax rate applicable - the rate in the pre-GST regime or the rate applicable under GST? 1. It may be noted that as per the provisions of section 142(2) of the MGST Act, in case of revision of prices of any goods or services or both on or after the appointed day (i.e., 01.07.2017), a supplementary invoice or debit/ credit note may be issued which shall be deemed to have been issued in respect of an outward supply made under the MGST Act. 2. It is accordingly clarified that in case of revision of prices, after the appointed date, of any goods or services supplied before the appointed day thereby requiring issuance o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xes, duties cesses, fees and charges levied under any law for the time being in force other than this Act, the SGST Act, the UTGST Act and the GST (Compensation to States) Act, if charged separately by the supplier." 2. It is clarified that as per the above provisions, taxable value for the purposes of GST shall include the TCS amount collected under the provisions of the Income Tax Act since the value to be paid to the supplier by the buyer is inclusive of the said TCS. 6. Who will be considered as the 'owner of the goods' for the purposes of section 129(1) of the MGST Act? It is hereby clarified that if the invoice or any other specified document is accompanying the consignment of goods, then either the consignor or the consig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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