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Statutory tax adjustment: buyers can reduce contract price when GST rates fall for post-contract deliveries.
Section 64A provides a statutory tax adjustment that modifies the contract price when a tax like GST is imposed, increased, decreased, or remitted after contract formation but before sale conclusion, allowing sellers to recover tax increases and buyers to deduct tax decreases unless the contract clearly allocates the tax risk. (AI Summary)
Goods and Services Tax - GST
Reverse charge mechanism on residential rent applies when the rental is in the course or furtherance of business, not for personal use.
Amendments placed supply of residential accommodation to a registered person under the reverse charge mechanism by removing the prior exemption; however, RCM applies only where the rental constitutes a supply "in the course or furtherance of business." Purely personal residential use does not attract RCM, while business use triggers recipient liability and related input tax credit consequences. (AI Summary)
Goods and Services Tax - GST
Place of supply rules for intermediary services determine GST liability when supplier or recipient is located abroad.
GST treatment of services as an intermediary depends on the exclusive statutory definition requiring agency/brokerage without supplying on one's own account, place of supply under section 13(8) which deems supply from the supplier's location when a counterparty is outside the taxable territory, and a narrow Notification Entry 12AA exemption for intermediary services related to goods where both supplier and recipient are outside the taxable territory, subject to specified documentary conditions. (AI Summary)
Goods and Services Tax - GST
GST classification of treated water: distinction between potable and purified water determines exemption or taxable supply under GST.
GST classification of water depends on whether the supply is potable water (treated only to be fit for consumption) which may qualify for exemption when not in sealed containers, or whether it attains the qualities of purified/demineralized water or is supplied for industrial use, in which case it is classifiable as taxable water under the appropriate GST schedule; advance rulings stress fact-specific analysis of treatment, end-use, and sealed-container status. (AI Summary)
Goods and Services Tax - GST
Exempt supply: threshold-based maintenance charges raise whether input tax credit must be proportionately reversed under GST.
The core issue is whether ITC must be reversed for RWA maintenance contributions that are exempt only up to a specified monthly threshold. Commentators note conflicting administrative guidance and a court view that only the excess over the threshold is taxable. One position contends partial exemption means the supply is not wholly exempt and no proportionate ITC reversal is required; the counterposition treats amounts within the threshold as exempt supplies, requiring ITC reversal under GST reversal rules. (AI Summary)
Goods and Services Tax - GST
Going concern exemption prevents GST on business transfers, but closure or surrender triggers tax on closing stock.
GST treats transfer of business as a supply and deeming provisions make transfers without consideration and closure or surrender of registration taxable, causing closing stock and assets to be chargeable. An exemption for transfer as a going concern means such transfers are not subject to GST, and related provisions permit transfer of input tax credit and liabilities to the transferee. If a taxable person dies, transfer or continuation as a going concern avoids GST, while closure by heirs attracts GST on closing stock and assets. (AI Summary)
Goods and Services Tax - GST