Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

E-invoicing Applicability

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Going by Aggregate Turnover criteria, petroleum outlets will be covered under E-invoicing . For them only oil is liable for GST but in most of the cases oil is sold only to consumers. But diesel could be sold B2B who will be using diesel for their generators, machines etc., In such s situation, whether petroleum outlets are liable to comply with E-Invoicing Rules. - Reply By KASTURI SETHI - .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... The Reply = Yes but subject to aggregate turnover criteria. - Reply By ABHISHEK TRIPATHI - The Reply = Dear KS Sir, The definition of AT has four AV/ingredients (i) taxable supply, (ii) exempt supply (iii) exports of goods or services or both and, (iv) inter-State supplies of persons having the same Permanent Account Number. Under what category Diesel will fall? It won t fall under (iii) .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and (iv). It s not leviable to tax yet, because S. 9(2) says it will be leviable from such date as notified (Even (i) isn't applicable). So, diesel falls under exempt supply r/w non-taxable supply? Holy Moly. Relevant definitions as follows: S. 2 (6) ―aggregate turnover means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is p .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ayable by a person on reverse charge basis), exempt supplies, exports of goods or services or both and inter-State supplies of persons having the same Permanent Account Number, to be computed on all India basis but excludes central tax, State tax, Union territory tax, integrated tax and cess; (108) ―taxable supply- means a supply of goods or services or both which is leviable to tax und .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... er this Act; S. 2(47) ―exempt supply means supply of any goods or services or both which attracts nil rate of tax or which may be wholly exempt from tax under section 11 , or under section 6 of the Integrated Goods and Services Tax Act , and includes non-taxable supply; S. 2(78) ―non-taxable supply means a supply of goods or services or both which is not leviable to tax u .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nder this Act or under the Integrated Goods and Services Tax Act ; S. 9 Levy and collection.- (1) Subject to the provisions of sub-section (2), there shall be levied a tax called the central goods and services tax on all intra-State supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 and at such rat .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... es, not exceeding twenty per cent., as may be notified by the Government on the recommendations of the Council and collected in such manner as may be prescribed and shall be paid by the taxable person. (2) The central tax on the supply of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel shall be levied with effect from such date .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... as may be notified by the Government on the recommendations of the Council. - Reply By KASTURI SETHI - The Reply = Sh.Abhishek Tirpathi Ji, Thanks for your views. Sir, I shall re-examine and revert. - Reply By Ethirajan Parthasarathy - The Reply = Dear Mr.Abhisek, As you rightly pointed out, the definition of Aggregate Turnover includes the exempted supply. The definition of Exempted .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Supply in turn includes non-taxable supplies . My understanding is sale of diesel is non taxable supplies and hence, is to be considered to arrive at aggregate turnover - Reply By KASTURI SETHI - The Reply = Sh.Ethirajan Parthasarathy Ji, Sir, I agree with you in toto. You have explained very well. So now there is need of my clarification/in .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tervention. - Reply By KASTURI SETHI - The Reply = Pl. read, There is NO need of my clarification/intervention . - E-invoicing Applicability - Query Started By: - Ethirajan Parthasarathy Dated:- 10-3-2021 Goods and Services Tax - GST - Got 6 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanag .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates