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.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....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. Various representations have been received seeking clarification on certain issues under the GST laws. In order to clarify these issues and to ensure uniformity of implementation across field formations, the Commissioner, in exercise of his powers conferred under section 168 (1) of the West Bengal Goods and Services Tax Act, 2017 (hereinafter referred to as the "WBGST Act") hereby clarifies the issues as below: Sl.No Issue Clarification 1. Wh....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... State Government, Union territory or a local authority) shall be liable to get registered and pay GST on intra-State and inter-State supply of used vehicles, seized and confiscated goods, old and used goods, waste and scrap made by them to an unregistered person subject to the provisions of sections 22 and 24 of the WBGST Act. 2. Whether penalty in accordance with section 73 (11) of the WBGST Act should be levied in cases where the return in FORM GSTR-3B has been filed after the due date of filing such return? 1. As per the provisions of section 73(11) of the WBGST Act, penalty is payable in case self-assessed tax or any amount collected as tax has not been paid within a period of thirty days from the due date of payment of such tax. 2....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ntary invoice or debit/credit note may be issued which shall be deemed to have been issued in respect of an outward supply made under the WBGST Act. 2. It is accordingly clarified that in case of revision of prices, after the appointed date, of any goods or services supplied before the appointed day thereby requiring issuance of any supplementary invoice, debit note or credit note, the rate as per the provisions of the GST Acts (both CGST and SGST or IGST) would be applicable. 4. Applicability of the provisions of section 51 of the WBGST Act (TDS) in the context of notification No. 1344-F.T. dated 13.09.2018. 1. A doubt has arisen about the applicability of long line mentioned in clause (a) of notification No. 1344-F.T. dated 13.09.2018....