Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the Goa GST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the Goa GST Act; applicability of notification No. 38/1/2017-Fin(R&C)(72); 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 departments must register and remit GST when selling used or seized goods to unregistered buyers. Supply of used, seized or scrap goods by government entities to unregistered persons is taxable under GST and the supplying department must register and pay tax; supplies to registered persons remain subject to reverse charge. Assessment linked penalty provisions apply only when assessment proceedings are invoked; late payment with interest after return filing does not normally attract that penalty, though general penalties may be imposed. Debit/credit notes issued for price revisions on or after the appointed day are treated as outward supplies under GST and GST rates apply; taxable value includes Tax Collected at Source; consignor or consignee is owner when documents accompany consignment, 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 departments must register and remit GST when selling used or seized goods to unregistered buyers.
Supply of used, seized or scrap goods by government entities to unregistered persons is taxable under GST and the supplying department must register and pay tax; supplies to registered persons remain subject to reverse charge. Assessment linked penalty provisions apply only when assessment proceedings are invoked; late payment with interest after return filing does not normally attract that penalty, though general penalties may be imposed. Debit/credit notes issued for price revisions on or after the appointed day are treated as outward supplies under GST and GST rates apply; taxable value includes Tax Collected at Source; consignor or consignee is owner when documents accompany consignment, otherwise the proper officer determines ownership.
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