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Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the WBGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the WBGST Act; applicability of notification No. 1344-F.T.; 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: government sales to unregistered buyers require registration and GST payment under applicable rules. Supplies by government entities of used vehicles, seized and confiscated goods, old and used goods, waste and scrap are taxable; supplies to registered recipients attract reverse charge per notified rates while supplies to unregistered persons require the supplying government department to obtain registration and pay GST subject to registration provisions. Penalty under the assessment provision requires a show cause notice and is not ordinarily triggered by late return filing where tax and interest have been paid; a general penalty may be imposed after due process. Debit/credit notes issued post appointed day follow GST rates. TDS applicability under the notification is confined to authorities or bodies with majority government participation. Taxable value includes TCS collected under the Income Tax Act. Where an invoice accompanies goods, consignor or consignee is deemed owner; otherwise the proper officer determines ownership.
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: government sales to unregistered buyers require registration and GST payment under applicable rules.
Supplies by government entities of used vehicles, seized and confiscated goods, old and used goods, waste and scrap are taxable; supplies to registered recipients attract reverse charge per notified rates while supplies to unregistered persons require the supplying government department to obtain registration and pay GST subject to registration provisions. Penalty under the assessment provision requires a show cause notice and is not ordinarily triggered by late return filing where tax and interest have been paid; a general penalty may be imposed after due process. Debit/credit notes issued post appointed day follow GST rates. TDS applicability under the notification is confined to authorities or bodies with majority government participation. Taxable value includes TCS collected under the Income Tax Act. Where an invoice accompanies goods, consignor or consignee is deemed owner; otherwise the proper officer determines ownership.
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