Central Goods and Sales Tax Act (Overview)

Kavilikatta Vijaya Kumar, AC, Belagavi Central Excise

1. THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 (CGST ACT) ( Received the assent of President of India on 12 th April, 2017 ) 1 K.Vijaya Kumar, AC, Belgaum

2. An Act to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the Central Government for matters connected therewith or incidental thereto. Central Tax (levied under Central GST ACT, 2017 ) Integrated Tax (levied under Integrated GST ACT, 2017 ) State Tax (levied under State GST Act, 2017 ) Union Territory Tax (levied under U.T. GST ACT, 2017 ) VARIOUS TAXES UNDER GST LAW INTRODUCTION K.Vijaya Kumar, AC, Belgaum 2

3. CHAPTER-1…. (PRELIMINARY) CHAPTER-II …..(ADMINISTRATION) CHAPTER-III …..( LEVY AND COLLECTION OF TAX) CHAPTER-IV ….(TIME AND VALUE OF SUPPLY) CHAPTER-V ……( INPUT TAX CREDIT) CHAPTER-VI …..(REGISTRATION) CHAPTER-VII….( TAX INVOICE, CREDIT AND DEBIT NOTE) CHAPTER-VIII…( ACCOUNTS AND RECORDS) CHAPTER--IX….( RETURNS) CHAPTER-X…....( PAYMENT OF TAX) CHAPTER-XI…..( REFUNDS) CHAPTER-XII….( ASSESSMENT) CHAPTER-XIII…(AUDIT) CHAPTER-XIV…(INSPECTION, SEARCH, SEIZURE & ARREST) CHAPTER-XV….(DEMAND AND RECOVERY) CHAPTER-XVI…(LIABILITY TO PAY IN CERTAIN CASES) CHAPTER-XVII…(ADVANCE RULING) CHAPTER-XVIII...(APPEALS AND REVIEW) CHAPTER-XIX….(OFFENCES AND PENALTIES) CHAPTER-XX…..(TRANSITIONAL PROVISIONS) CHAPTER-XXI….(MISCELLANEOUS )   SCHEDULE- I SCHEDULE- II SCHEDULE- III CGST ACT, 2017 AT GLANCE K.Vijaya Kumar, AC, Belgaum 3

4. Composition Rules Valuation Rules Transition Rules ITC Rules Revised Invoice Rules Revised Payment Rules Revised Refund Rules Revised Registration Rules Revised Return Rules Accounts and Records Advance Ruling Appeals and Revision Assessment and Audit e-Way Bill RULES UNDER GST LAW K.Vijaya Kumar, AC, Belgaum 4

5. INTRODUCTION TO VARIOUS PROVISIONS OF C GST ACT, 2017 5 K.Vijaya Kumar, AC, Belgaum

6. Section 1 : Short title, extent and commencement. Section 2 : Definitions . ( 121 terms ) Section 3 : Appointment of classes of Officers. Section 4 : Appointment of other officers by Board. Section 5 : Powers of Officers. Section 6 : Authorization of officers of SGST/UTGST as Central tax officers. K.Vijaya Kumar, AC, Belgaum 6

7. Appointment of the following classes of officers:––   Principal Chief Commissioners of Central Tax or Principal Directors General of Central Tax, ( b ) Chief Commissioners of Central Tax or Directors General of Central Tax, ( c ) Principal Commissioners of Central Tax or Principal Additional Directors General of Central Tax, ( d ) Commissioners of Central Tax or Additional Directors General of Central Tax, ( e ) Additional Commissioners of Central Tax or Additional Directors of Central Tax, ( f ) Joint Commissioners of Central Tax or Joint Directors of Central Tax, ( g ) Deputy Commissioners of Central Tax or Deputy Directors of Central Tax, ( h ) Assistant Commissioners of Central Tax or Assistant Directors of Central Tax, and ( i ) any other class of officers as it may deem fit :   Provided that the officers appointed under the Central Excise Act, 1944 shall be deemed to be the officers appointed under the provisions of this Act. K.Vijaya Kumar, AC, Belgaum 7

8. LEVY and COLLECTION OF TAX, SECTION 7. Scope of supply. SECTION 8. Tax liability on composite and mixed supplies. SECTION 9. Levy and collection. SECTION 10 . Composition levy. SECTION 11. Power to grant exemption from tax. K.Vijaya Kumar, AC, Belgaum 8

9. MEANING AND SCOPE OF SUPPLY Section 7: Supply includes, all forms of supply of goods and/or services such as sale, transfer, barter, exchange, license , rental , lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business, K.Vijaya Kumar, AC, Belgaum 9

10. Section 9 . ( 1 ) Subject to the provisions of sub-section ( 2 ), there shall be levied a tax called the central goods and services tax ( cGST ) on all intra-State supplies of goods or services or both,…………… on the value determined under section 15 and at such rates, 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. Section 9(3): Tax paid on reverse charge. CHARGING SECTION K.Vijaya Kumar, AC, Belgaum 10

11. Import of services for a consideration whether or not in the course or furtherance of business. The activities specified in Schedule I, made or agreed to be made without a consideration . The activities to be treated as supply of goods or supply of services as referred to in Schedule II . The activities or transactions specified in Schedule III shall be treated neither as a supply of goods nor a supply of services. K.Vijaya Kumar, AC, Belgaum 11

12. TIME and VALUE OF SUPPLY K.Vijaya Kumar, AC, Belgaum 12

13. Section 12 . Time of supply of goods. Section 13. Time of supply of services. Section 14. Change in rate of tax- supply of goods or services. Section 15. Value of supply . Section 12 and 13 extensively elaborates time of supply of goods or service under: Normal situations.(forward charge) Reverse charge situations. Supply by Voucher. Remainder situations. K.Vijaya Kumar, AC, Belgaum 13

14. The liability to pay tax on goods shall arise at the time of supply , which shall be the earlier of the following dates , — (a) the date of issue of invoice by the supplier. (b) the date on which the supplier receives the payment .   The liability to pay tax on services shall arise at the time of supply , which shall be the earliest of the following dates , — ( a) the date of issue of invoice or the date of receipt of payment, whichever is earlier. (b) the date of provision of service, or the date of receipt of payment, whichever is earlier. (c) the date on which the recipient shows the receipt of services in his books of account, in a case where the provisions of clause (a) or clause (b) do not apply: LIABILITY TO PAY TAX ON GOODS OR SERVICES K.Vijaya Kumar, AC, Belgaum 14

15. Section 16 . Eligibility for taking Input Tax Credit. Section 17 . Apportionment of credit. Section 18 . Credit in special circumstances. Section 19 . ITC on goods sent for jobwork . Section 20 . Manner of distribution of credit by Input Service Distributor (ISD) INPUT TAX CREDIT (ITC) K.Vijaya Kumar, AC, Belgaum 15

16. Input Tax Credit (ITC) is available in respect of taxes paid on any supply of goods and /or services. Negative list approach for non-allowance of ITC . ITC of tax paid allowed subject to four conditions : possession of invoice; receipt of goods or services; tax actually paid by supplier to government; furnishing of return Full ITC allowed on capital goods in one go. K.Vijaya Kumar, AC, Belgaum 16

17. Input Tax Credit (ITC ) …. contd …. ITC cannot be availed after filing of return for the month of September of next Financial Year or filing of Annual Return . ITC available only on provisional basis for a period of two months until payment of tax and filing of valid return by the supplier . Matching of supplier’s and recipient’s invoice details IT C t o b e confirm e d on l y a f ter matchin g of such information ITC to be reversed in case of mis-match Input Service Distributor (ISD) mechanism for distribution of ITC of input services K.Vijaya Kumar, AC, Belgaum 17

18. Sec.22: Persons liable for registration Sec.23: Exemption from registration Sec.24: Persons shall be required to be registered . Sec.25: Procedure for registration. Sec.26: Deemed Registration. Sec.27: Special provisions-Casual/non-resident taxable person. Sec.27: Amendment of Registration. Sec.28: Cancellation of Registration. Sec.29: Revocation of cancellation of registration. REGISTRATION K.Vijaya Kumar, AC, Belgaum 18

19. Different Registration processes K.Vijaya Kumar, AC, Belgaum 19

20. Person making inter-State taxable supply. Casual taxable persons making taxable supply. Persons who are required to pay tax under reverse charge mechanism (RCM). Person who are required to pay tax under Composition Levy. Non-resident taxable persons making taxable supply. Person deducting tax u/s 51 (Tax deduction at Source) Input Service Provider (ISD). Electronic commerce operator . Other such specified persons. SECTION.24 . C ATEGORIES OF PERSONS REQUIRED TO BE REGISTERED K.Vijaya Kumar, AC, Belgaum 20

21. TAX INVOICE & CREDIT and DEBIT NOTES K.Vijaya Kumar, AC, Belgaum 21

22. Section 31(1). Issue of tax invoice before or at the time of removal of goods or delivery of goods or making available of goods. Section 31(2 ). Issue of tax invoice before provision of service but with 30 days of supply of service. Issue of Bill of Supply by person supplying exempted supply or paying tax under composition levy. Person on receipt of advance payment shall issue a receipt voucher . Person paying tax under reverse charge shall issue a payment voucher. Section 32 : prohibition of unauthorized collection of tax . Section 33 : Amount of tax to be indicated in the tax invoice. TAX INVOICE, BILL OF SUPPLY, RECEIPT VOUCHER, PAYMENT VOUCHER K.Vijaya Kumar, AC, Belgaum 22

23. Section 34 (1): Where a tax invoice has been issued, - found to exceed the taxable value and/or tax payable, or where the goods supplied are returned by the recipient, or where services supplied are found to be deficient, T he registered taxable person, may issue to the recipient a credit note containing such particulars. Any registered taxable person who issues a credit shall declare the details of such credit note in the return for the month. CREDIT NOTE DEBIT NOTE Section 34 (3): Where a tax invoice has been issued is found to be less than the taxable value and/or tax payable. T he taxable person shall issue to the recipient a debit note containing such particulars. ‘Debit Note’ shall include a supplementary invoice. Any registered taxable person who issues a debit note shall declare in the return for the month during which such debit note has been issued. The tax liability shall be adjusted in the manner specified in this Act. K.Vijaya Kumar, AC, Belgaum 23

24. ACCOUNTS and RECORDS K.Vijaya Kumar, AC, Belgaum 24

25. Section 35: Every registered person shall keep and maintain, at his principal place of business, as mentioned in the certificate of registration, a true and correct account of— ( a) production or manufacture of goods; (b) inward and outward supply of goods or services or both; (c) stock of goods; (d) input tax credit availed; (e) output tax payable and paid; and (f) such other particulars as may be prescribed:   Every owner or operator of warehouse or godown or any other place used for storage of goods. Every transporter, irrespective of whether he is a registered person or not, shall maintain records of the consigner, consignee and other relevant details of the goods. K.Vijaya Kumar, AC, Belgaum 25

26. RETURNS K.Vijaya Kumar, AC, Belgaum 26

27. an input service distributor (ISD). a non-resident taxable person. a person paying tax under section 10 (composition levy) a person paying tax under section 51 (deducting tax at source) a person paying tax section 52 (e-commerce operator, after collecting tax at source) NORMAL TAX PAYERS OTHER TAX PAYERS registered person. Who are the persons required to file returns ? K.Vijaya Kumar, AC, Belgaum 27

28. TYPES OF RETURNS RETURNS OF OUTWARD SUPPLIES ( Sec.37 ) RETURNS OF INWARD SUPPLIES ( Sec.38 ) MONTLY RETURN ( Sec.39 ) FIRST RETURN ( Sec.40 ) ANNUAL RETURN ( Sec.44 ) FINAL RETURN ( Sec.45 ) NORMAL TAX PAYERS K.Vijaya Kumar, AC, Belgaum 28

29. Every normal tax payer for every calendar month or part thereof, furnish , a return , electronically, of inward and outward supplies of goods and/or services, input tax credit availed, tax payable, tax paid and other particulars on or before the 20 th day of the month succeeding such calendar month or part thereof. Filing of Monthly RETURNS (Sec.39(1) K.Vijaya Kumar, AC, Belgaum 29

30. Type of Return ( normal tax payer) Form No.of Returns Return of Outward Supply GSTR-1   3x12=36 Return of Inward Supply GSTR-2 Monthly Return GSTR-3 Annual Return GSTR-9 1   Total 37 K.Vijaya Kumar, AC, Belgaum 30

31. Person Section   Period Due date Registered Person 39(1 ) Monthly By 20 th   Composition Levy. 39(2 ) Quarterly Within 18 days from end of quarter Deducting tax at source . (TDS) 39(3 ) Monthly Within 10 days from the end of month Input Service Distributor. (ISD) 39(4 ) Monthly Within 13 days Non-resident Taxable person. 39(5 ) Monthly Within 20 days Filing of Monthly/Quarterly return Section 39 (7): Every registered person, who is required to furnish a return under sub-section ( 1 ) or sub-section ( 2 ) or sub-section ( 3 ) or sub-section ( 5 ), shall pay to the government the tax due as per such return not later than the last date on which he is required to furnish such return . K.Vijaya Kumar, AC, Belgaum 31

32. Section 41. Provisional claim of ITC Section 42. Matching, reversal and reclaim of ITC. Section 42. Reduction in output tax liability.   Section 46. Notice to return defaulters. Section 47. Levy of late fee ( Rs.100 per day subject to maximum Rs.25,000 /-) Section 48. Filing of return through GST Practitioners. K.Vijaya Kumar, AC, Belgaum 32

33. PAYMENT OF TAX K.Vijaya Kumar, AC, Belgaum 33

34. SECTION 49 : Every deposit made (T, I, P, F, & O) by a taxable person by internet banking or by using credit/debit cards or NEFT or RTGS or by any other mode, shall be credited to the ELECTRONIC CASH LEDGER of such person. The input tax credit (ITC) as self-assessed in the return of a taxable person shall be credited to his ELECTRONIC CREDIT LEDGER . ELECTRONIC CASH AND CREDIT LEDGERS SECTION 50 : INTEREST ON DELAYED PAYMENT OF TAX K.Vijaya Kumar, AC, Belgaum 34

35. SECTION 49(7): All liabilities of a taxable person under this Act shall be recorded and maintained in an ELECTRONIC LIABILITY REGISTER ( ELR ) as may be prescribed. ELECTRONIC LIABILITY REGISTER K.Vijaya Kumar, AC, Belgaum 35

36. Central Tax (charged under CGST Act, 2017) Integrated Tax (charged under IGST Act, 2017) State Tax (charged under SGST Act, 2017) Union Territory Tax .( charged under UTGST Act, 2017) SECTION 49 (5): The manner of utilization of amount of ITC available in the electronic credit ledger on account of -   integrated tax shall first be utilised towards payment of integrated tax and the amount remaining, if any, for the payment of central tax and State tax, or Union territory tax, in that order; the central tax shall first be utilised towards payment of central tax and the amount remaining, if any, for the payment of integrated tax; the State tax shall first be utilised towards payment of State tax and the amount remaining, if any, for the payment of integrated tax; the Union territory tax shall first be utilised towards payment of Union territory tax and the amount remaining, if any, for the payment of integrated tax; the central tax shall not be utilised towards payment of State tax or Union territory tax; and the State tax or Union territory tax shall not be utilised towards payment of central tax. K.Vijaya Kumar, AC, Belgaum 36

37. SECTION 51, provides for deduction of tax at source by Government Departments, local authorities, government agencies and other notified persons, at the rate of one per cent. from the payment made or credited to the supplier in specified situations. SECTION 52 , provides for collection of tax at source by an electronic commerce operator , at a notified rate where the consideration for supplies is to be collected by the operator . TAX DEDUCTION AT SOURCE AND TAX COLLECTION AT SOURCE K.Vijaya Kumar, AC, Belgaum 37

38. REFUND Sec.54 . Refund of tax. Sec.55 . Refund in certain cases. Sec.56 . Interest on delayed refunds. Sec.57 . Consumer Welfare Fund. Sec.58 . Utilization of Fund. K.Vijaya Kumar, AC, Belgaum 38

39. 39 Refund: Time limit for refund of tax or interest is two years Refund of accumulated ITC allowed in case of exports or where the credit accumulation is on account of inverted duty structure Refund to be granted within 60 days from the date of receipt of complete application Interest is payable if refund is not sanctioned w ithin 60 days K.Vijaya Kumar, AC, Belgaum

40. ASSESSMENT & AUDIT K.Vijaya Kumar, AC, Belgaum 40

41. Sec.59 . Self-assessment. Sec.60 . Provisional assessment. Sec.61 . Scrutiny of returns . Sec.62 . Assessment of non-filers of returns. Sec.63 . Assessment of unregistered persons. Sec.64. Summary assessment in certain special cases. Sec.65 . Audit by tax authorities. Sec.66 . Special audit. K.Vijaya Kumar, AC, Belgaum 41

42. (11) “assessment” means determination of tax liability under this Act and includes self-assessment, re-assessment, provisional assessment, summary assessment and best judgment assessment;   ( 13) “audit” means the examination of records, returns and other documents maintained or furnished by the registered person under this Act or the rules made thereunder or under any other law for the time being in force to verify the correctness of turnover declared, taxes paid, refund claimed and input tax credit availed, and to assess his compliance with the provisions of this Act or the rules made thereunder; K.Vijaya Kumar, AC, Belgaum 42

43. Self-assessment Every registered person shall self-assess the taxes payable under this Act and furnish a return for each tax period. Provisional Assessment where the taxable person is unable to determine the value of goods/ services or determine the rate of tax, he may request the proper officer for payment of tax on a provisional basis. Scrutiny of returns The proper officer may scrutinize the return of registered person to verify the correctness and inform him of the discrepancies noticed, if any, and seek his explanation thereto. Assessment of non-filers of returns. where a registered person fails to furnish the return even after the service of a notice, the proper officer may proceed to assess the tax liability to the best of his judgement and issue an assessment order within a period of five years. Assessment of unregistered persons. Where a taxable person fails to obtain registration or whose registration has been cancelled but was liable to pay tax, the proper officer may proceed to assess the tax liability to the best of his judgment and issue an assessment order within a period of five years . Summary Assessment with the previous permission, the proper officer may proceed to assess the tax liability to protect the interest of revenue and issue an assessment order, if he has sufficient grounds to believe that any delay in doing so may adversely affect the interest of revenue. K.Vijaya Kumar, AC, Belgaum 43

44. INSPECTION, SEARCH, SEIZURE and ARREST. K.Vijaya Kumar, AC, Belgaum 44

45. Section 67 . Power of inspection, search and seizure. Section 68 . Inspection of goods in movement. Section 69 . Power to arrest. Section 70 . Power to summon persons to give evidence and produce documents. Section 71 . Access to business premises . Section 72. Officers to assist central tax officers. (Police, Railways, Customs, Land revenue officers, Officers of State tax, & UT tax. K.Vijaya Kumar, AC, Belgaum 45

46. DEMANDS AND RECOVERY K.Vijaya Kumar, AC, Belgaum 46

47. 47 Demand of Tax and Recovery Adjudication order to be issued within 3/5 years of filing of annual return in normal cases & fraud / suppression cases respectively SCNs to be issued at least 3 months and 6 months prior to last date of passing adjudication order in normal cases and in fraud cases respectively Taxable person can settle demand at any stage, right from audit/investigation to the stage of passing of adjudication order and even thereafter . K.Vijaya Kumar, AC, Belgaum

48. Sec.73. Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any willful misstatement or suppression of facts . (NORMAL PERIOD)   Sec.74. Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful misstatement or suppression of facts . (EXTENDED PERIOD)   SECTION 122( 2 ) Any registered person who supplies any goods or services or both on which any tax has not been paid or short-paid or erroneously refunded, or where the input tax credit has been wrongly availed or utilised ,— ( a ) for any reason, other than the reason of fraud or any wilful misstatement or suppression of facts to evade tax, shall be liable to a penalty of ten thousand rupees or ten per cent. of the tax due from such person, whichever is higher ; ( b ) for reason of fraud or any wilful misstatement or suppression of facts to evade tax , shall be liable to a penalty equal to ten thousand rupees or the tax due from such person, whichever is higher. SECTION 73 AND SECTION 74 K.Vijaya Kumar, AC, Belgaum 48

49. Sec.75. General provisions relating to determination of tax. Sec.76. Tax collected but not paid to Government. Sec.77 . Tax wrongfully collected and paid to Central Government or State Government. Sec.78. Initiation of recovery proceedings. Sec.79. Recovery of tax. Sec.80. Payment of tax and other amount in instalments. Sec.81. Transfer of property to be void in certain cases. Sec.82. Tax to be first charge on property. Sec.83. Provisional attachment to protect revenue. Sec.84. Continuation & validation of certain recovery proceedings. K.Vijaya Kumar, AC, Belgaum 49

50. LIABILITY TO PAY TAX IN CERTAIN CASES 85. Liability in case of transfer of business. 86. Liability of agent and principal. 87. Liability in case of amalgamation or merger of companies. 88. Liability in case of company in liquidation. 89. Liability of directors of private company. 90. Liability of partners of firm to pay tax. 91. Liability of guardians, trustees, etc. 92. Liability of Court of Wards, etc. 93. Special provisions regarding liability to pay tax, interest or penalty in certain cases . 94. Liability in other cases. K.Vijaya Kumar, AC, Belgaum 50

51. ADVANCE RULING Sec.95. Definitions. Sec.96. Authority for advance Ruling. Sec.97. Application for advance ruling. Sec.98. Procedure on receipt of application.. Sec.99. Appellate Authority for Advance Ruling. Sec.100. Appeal to Appellate Authority. Sec.101. Orders of Appellate Authority. Sec.102. Rectification of advance ruling. Sec.103. Applicability of advance ruling. Sec.104. Advance ruling to be void in certain circumstances. Sec.105. Powers of Authority and Appellate Authority. Sec.106. Procedure of Authority and Appellate Authority 103. ( 1 ) The advance ruling pronounced by the Authority or the Appellate Authority under this Chapter shall be binding only— on the applicant who had sought it ( b ) on the concerned officer or the jurisdictional officer. K.Vijaya Kumar, AC, Belgaum 51

52. The question on which the advance ruling is sought shall be in respect of ,–– ( a ) classification of any goods or services or both. ( b ) applicability of a notification. ( c ) determination of time and value of supply of goods or services or both; ( d ) admissibility of ITC of tax paid or deemed to have been paid; ( e ) determination of the liability to pay tax. ( f ) whether applicant is required to be registered; ( g ) whether any particular thing amounts to or results in a supply of goods or services or both , within the meaning of that term. SCOPE OF ADVANCE RULING K.Vijaya Kumar, AC, Belgaum 52

53. 107. Appeals to Appellate Authority. 108. Powers of Revisional Authority. 109. Constitution of Appellate Tribunal and Benches thereof. 110. President and Members of Appellate Tribunal, their qualification, etc. 111. Procedure before Appellate Tribunal. 112. Appeals to Appellate Tribunal. 113. Orders of Appellate Tribunal. 114. Financial and administrative powers of President. 115. Interest on refund of amount paid for admission of appeal. 116. Appearance by authorized representative. 117. Appeal to High Court. 118. Appeal to Supreme Court. 119. Sums due to be paid notwithstanding appeal, etc. 120. Appeal not to be filed in certain cases. 121. Non appealable decisions and orders. APPEALS AND REVISION K.Vijaya Kumar, AC, Belgaum 53

54. Orders passed by the Adjudicating Authority Filed by Party. Filed by Deptt . (within 3 months) (within 6 months) Appellate Authority Revisionary Authority GST Appellate Tribunal (GSTAT) National Bench Regional Bench State or Area Bench HIGH COURT SUPREME COURT K.Vijaya Kumar, AC, Belgaum 54

55. OFFENCES and PENALTIES K.Vijaya Kumar, AC, Belgaum 55

56. 122. Penalty for certain offences. 123. Penalty for failure to furnish information return. 124. Fine for failure to furnish statistics. 125. General penalty .( residual penalty ) 126. General disciplines related to penalty. 127. Power to impose penalty in certain cases. 128. Power to waive penalty or fee or both. 129. Detention, seizure and release of goods and conveyances in transit. 130. Confiscation of goods or conveyances and levy of penalty. 131. Confiscation or penalty not to interfere with other punishments. 132. Punishment for certain offences. 133. Liability of officers and certain other persons. 134. Cognizance of offences. 135. Presumption of culpable mental state. 136. Relevancy of statements under certain circumstances. 137. Offences by companies. 138. Compounding of offences. K.Vijaya Kumar, AC, Belgaum 56

57. supplies any goods or services or both without issue of any invoice or issues an incorrect or false invoice with regard to any such supply; issues any invoice or bill without supply ……………………………….. fails to deduct the tax by the deductor or fails to pay to the Government the amount deducted as tax; ….…………………… ………………………………………………………………………… 21. disposes off or tampers with any goods that have been detained, seized, or attached under this Act, 21 Offences Section 122 (1) Where a taxable person who–– he shall be liable to pay a penalty of ten thousand rupees or an amount equivalent to: the tax evaded or the tax not deducted under section 51 or short deducted or deducted but not paid to the Government or tax not collected under section 52 or short collected or collected but not paid to the Government or input tax credit availed of or passed on or distributed irregularly , or the refund claimed fraudulently, whichever is higher . K.Vijaya Kumar, AC, Belgaum 57

58. Section 122( 3 ) Any person who ––   aids or abets any of the 21 offences. ( b ) acquires possession of, ……………………….. ( c ) receives or is in any way concerned with the supply of, ………………… ( d ) fails to appear before the officer of central tax, when issued with a summon for appearance to give evidence or produce a document in an inquiry; ( e ) fails to issue invoice in accordance with the provisions of this Act or the rules made thereunder or fails to account for an invoice in his books of account,   shall be liable to a penalty which may extend to twenty-five thousand rupees . K.Vijaya Kumar, AC, Belgaum 58

59. Section 139 . Migration of existing taxpayers. Section 140 . Transitional arrangements for input tax credit (ITC) Section 141 . Transitional provisions relating to job work. Section 142 . Miscellaneous transitional provisions. TRANSITIONAL PROVISIONS K.Vijaya Kumar, AC, Belgaum 59

60. MISCELLANEOUS 143. Job work procedure. 144. Presumption as to documents in certain cases. 145. Admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence. 146. Common Portal. 147. Deemed exports. 148. Special procedure for certain processes. 149. Goods and services tax compliance rating. 150. Obligation to furnish information return. 151. Power to collect statistics. 152. Bar on disclosure of information. 153. Taking assistance from an expert. 154. Power to take samples. K.Vijaya Kumar, AC, Belgaum 60

61. 155. Burden of proof .( W.R.T. INPUT TAX CREDIT ) 156. Persons deemed to be public servants. 157. Protection of action taken under this Act. 158. Disclosure of information by a public servant. 159. Publication of information in respect of persons in certain cases. 160. Assessment proceedings, etc., not to be invalid on certain grounds. 161. Rectification of errors apparent on the face of record. 162. Bar on jurisdiction of civil courts. 163. Levy of fee. 164. Power of Government to make rules. 165. Power to make regulations. 166. Laying of rules, regulations and notifications. 167. Delegation of powers. 168. Power to issue instructions or directions. 169. Service of notice in certain circumstances. 170. Rounding off of tax, etc. 171. Anti-profiteering measure. 172. Removal of difficulties. 173. Amendment of Act 32 of 1994. 174. Repeal and saving. K.Vijaya Kumar, AC, Belgaum 61

62. SECTION 161 . Without prejudice to the provisions of section 160, and notwithstanding anything contained in any other provisions of this Act , any authority, who has passed or issued any decision or order or notice or certificate or any other document, may rectify any error which is apparent on the face of record in such decision or order or notice or certificate or any other document , either on its own motion or………….. Provided that no such rectification shall be done after a period of six months. Provided further that the said period of six months shall not apply in such cases where the rectification is purely in the nature of correction of a clerical or arithmetical error, arising from any accidental slip or omission : Provided also that where such rectification adversely affects any person, the principles of natural justice shall be followed by the authority carrying out such rectification. K.Vijaya Kumar, AC, Belgaum 62

63. 43 Thank You K.Vijaya Kumar, AC, Belgaum 63