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        Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the Assam GST Act; rate of tax in case of debit notes/credit notes issued under section 142(2) of the Assam GST Act; applicability of notification No. FTX.56/2017/326 dtd.09/08/2018 (Tax) ; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GST.

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        Taxability of government disposals clarified; government must register and pay GST when supplying used or seized goods to unregistered persons. Supply of used vehicles, seized and confiscated goods, old and used goods, waste and scrap by government entities to unregistered persons is taxable and such departments must register and pay GST where recipients are unregistered. Penalty under section 73(11) applies only when section 73 proceedings are invoked; late GSTR 3B filing with tax and interest paid does not attract that penalty though section 125 may apply. Debit/credit notes under section 142(2) attract GST rates; TCS under Income Tax is includible in taxable value; owner for section 129(1) is consignor or consignee if invoice accompanies consignment, otherwise proper officer to decide.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Taxability of government disposals clarified; government must register and pay GST when supplying used or seized goods to unregistered persons.

                                Supply of used vehicles, seized and confiscated goods, old and used goods, waste and scrap by government entities to unregistered persons is taxable and such departments must register and pay GST where recipients are unregistered. Penalty under section 73(11) applies only when section 73 proceedings are invoked; late GSTR 3B filing with tax and interest paid does not attract that penalty though section 125 may apply. Debit/credit notes under section 142(2) attract GST rates; TCS under Income Tax is includible in taxable value; owner for section 129(1) is consignor or consignee if invoice accompanies consignment, otherwise proper officer to decide.





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                                ActsIncome Tax
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