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Place of supply rules determine whether IGST or dual state taxes apply, affecting tax incidence and credit flows in trade.
Interstate supplies and imports attract IGST, with the tax type determined by Place of Supply rules: delivery termination, third party directions, absence of movement, installation location, and boarding point. Imports are taxed at the importer's location when customs duties are levied. CST and customs duties equivalent to excise and VAT are to be subsumed into IGST, while basic customs and anti dumping/anti subsidy duties remain outside GST. Deeming provisions create credit flow and revenue allocation issues that may require clarification. (AI Summary)
Author
Date 28 Jan 2017
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Supply under GST: wide deemed supply rules capture transactions without consideration, expanding taxable scope and compliance burdens.
Schedule I of the Model GST law deems certain transactions to be supply even without consideration, including permanent disposal of business assets, temporary application of business assets to private use, services used privately, assets retained after deregistration, and supplies by a taxable person to any other person in the course or furtherance of business. Clause 5 is highlighted as especially broad, potentially capturing stock transfers, gratuitous professional services, and intra unit movements, and raising valuation and credit reversal issues that expand GST incidence and compliance burdens. (AI Summary)
Author
Date 27 Sep 2016
Replies 1 Reply
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Limitation on central excise power narrows taxable goods, creating constitutional uncertainty while existing laws remain temporarily operative.
The commencement notification brought parts of the 101st Amendment into force, replacing the broad Union List excise entry with one limited to six specified goods and deleting the service-tax entry and Article on its appropriation. The government invokes the Amendment Act's transitional saving to keep existing central and state tax laws operative until competent repeal or the transitional period's expiry, while the residuary Union List entry provides a continued constitutional route for unspecified taxes; taxpayers are advised to continue depositing excise and service tax pending legislative clarification. (AI Summary)
Author
Date 22 Sep 2016
Replies 1 Reply
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Concept of supply in GST: broad inclusive scope expands taxable incidents to advances, imports and intra entity transfers.
The Model GST treats Supply as an inclusive concept triggering tax in a destination based regime; Consideration is broadly defined to include payments in money or kind and acts or forbearance; Business is widely expanded to cover single transactions, membership benefits, and services by office holders. Deeming provisions make import of services taxable without consideration, treat principal agent transactions as supplies, and deem aggregators as suppliers, producing issues for stock transfers, valuation and input tax credit chains. (AI Summary)
Author
Date 21 Sep 2016
Replies 1 Reply
Ranjan Mehta
Organization
Organization

Ranjan Mehta and Associates

Connected
Connected

September 2016