14.12 CGST Rules Governing Payment and Refund of GST
Review Questions
Chapter 15 Demands and Recovery
15.1 Determination of Tax in cases Other than Frauds, Misstatement or Suppression of Facts etc (Section 73)
15.2 Determination of Tax in case of Frauds, Misstatement or Suppression of Facts etc (Section 74)
15.3 Proceedings under Section 73 and 74
15.4 Determination of Tax and Orders by Appellate Authority or Appellate Tribunal or Court etc (Section 75)
15.5 Tax Collected but Not Paid to the Government (Section 76)
15.6 Tax Wrongly Collected and Paid to the Governments (Section 77)
15.7 Recovery Proceedings and Recovery of Tax (Section 78 and 79)
15.8 CGST Rules Governing Demand and Recovery
Review Questions
Chapter 16 GST Audit, Inspection, Search and Seizure
16.1 Responsibility of the Registered Persons
16.2 GST Audit (Section 2(13))
16.3 Types of GST Audit
16.4 Inspection (Section 67)(Rule 139)
16.5 Inspection of Goods in Movement (Section 68)
16.6 Power to Arrest (Section 69(1))
16.7 Power to Summon
16.8 Power of Access to Business Premises (Section 71(1))
16.9 Power to Demand Documents, Records, Statements, etc. (Section 71(2))
16.10 Taking Sample with a Receipt (Section 154)
16.11 CGST Rules Governing Audit
Review Questions
Chapter 17 Liability to Pay GST—Special Persons and Events
17.1 Liability to Pay Tax in case of Transfer of Business
17.2 Liability in the Event of Amalgamation or Merger of Companies (Section 87(1))
17.3 Liability in the Event of Company in Liquidation (Section 88)
17.4 Liability of Directors
17.5 Liability of Partners
17.6 Liability in case of Certain Persons
17.7 Liability of Court of Wards, etc (Section 92)
17.8 Liability in case of Taxable Person Ceases to Exist
17.9 Liability in case of HUF, AOP or Partnership Firms
Review Questions
Chapter 18 Advance Ruling
18.1 Advance Ruling
18.2 Procedure for Disposing the Application for Advance Ruling (Section 98(1-7))
18.3 Deemed Appellate Authority for Advance Ruling (Section 99)
18.4 Appeal to Appellate Authority (Section 100)(Rule 106)
18.5 Orders of Appellate Authority
18.6 National Appellate Authority (Section 101A)
18.7 Appeal to National Appellate Authority (Section 101B(1))
18.8 Rectification of Order
18.9 Binding of Advance Ruling (Section 103(1))
18.10 Void Advance Rulings (Section 104(1))
18.11 Powers of Authority and Appellate Authority
18.12 Power to Self Regulate their Procedure (Section 106)
18.13 Manual Filing and Processing (Rule 107A)
18.14 CGST Rules Governing Advance Ruling
Review Questions
Chapter 19 Appeals and Revision
19.1 Definitions
19.2 Meaning of an Appeal
19.3 Types of Appeals
19.4 Appeals to Appellate Authority (Section 107) (Rule 108)
19.5 Revisional Authority
19.6 Power of and Procedure before Appellate Tribunal
19.7 Appeals to Appellate Tribunal
19.8 Appearance by Authorized Representatives
19.9 Appeal to High Court
19.10 Appeal to Supreme Court
19.11 Non-appealable Decisions and Orders (Section 121)
19.12 Presumption and Admission of Documents by Court (Section 144)
19.13 Presumption of Materials and Certificate
19.14 Presumption of Details
19.15 Provisions Relating to Invalidating of Assessment or Notice
19.16 Rectification of an Error which is Apparent on the Face of Record (Section 161)
19.17 No Jurisdiction for Civil Courts (Section 162)
19.18 Provision of a Copy of any Order or Document on Payment of Fee (Section 163)
19.19 CGST Rules Governing Appeals and Revision
Review Questions
Chapter 20 Penalties, Fines and Punishments for Offences
20.1 Offences under GST
20.2 Penalties
20.3 General Guidelines for Imposing Penalty (Section 126)
20.4 Waiving Penalty or Fine or Both (Section 128)
20.5 Detention, Seizure and Release of Goods and Conveyances in Transit
20.6 Confiscation of Goods or Conveyances and Levy of Penalty
20.7 Non-interference of Confiscation or Penalty with Other Punishments (Section 131)
20.8 Persons Punishable for Offences (Section 132(1))
20.9 Liability of Officers and Other Persons
20.10 Persons to be Held Guilty of Offence
20.11 Compounding of Offences
20.12 CGST Rule Governing Offences and Penalties
Review Questions
Chapter 21 Harmonized System Code(HSC) and Services Accounting Code(SAC)
21.1 Need of Codes
21.2 HS Code
21.3 Service Accounting Codes (SAC)
Review Questions
Chapter 22 Basics of Customs Law
22.1 Introduction
22.2 Objectives of Levying Customs Duty
22.3 Custom Law in India
22.4 Central Board of Indirect Taxes and Customs (CBIC)
22.5 Rules and Regulations Associated with the Customs Act, 1962
22.6 Arrangement of Chapters and Sections of the Customs Act, 1962
22.7 Definitions and Important Concepts in Customs Act, 1962
22.8 Officers of Customs
22.9 Taxable Event
22.10 Levy of Customs Duty (Section 12)
22.11 Customs Valuation and WTO
22.12 Customs Law and GST Law
22.13 Power of the Central Government to Amend the Schedules (Section 8)
22.14 Appeals and Revision
22.15 Offences under the Customs Act, 1962
22.16 Confiscation of Goods and Conveyances and Imposition of Penalties
Review Questions
Solved Problems
Multiple Choice Question
Addendum
Index
Dr. L. J. Chaarlas was Head and Associate Professor (Retired), Department of Commerce, St. Joseph’s College (Autonomous), Trichy. He has more than 36 years of experience in teaching. His areas of interest include Income Tax, Marketing, Business Management, Business Ethics, Human Resource Management (HRM), Entrepreneurship and GST. He is a well-acknowledged HR trainer and Quiz Master. He has authored books like Understanding Behavioural Finance: Making Better Decisions, Principles and Practices of Accounting, and Goods and Services Tax.
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Table of contents
Cover
Title Page
Copyright Page
Contents
Preface
Chapter 1 Introduction
1.1 Introduction
1.2 The Need for GST
1.3 Objectives of GST
1.4 Constitution of India and the Goods and Services Tax Act
1.5 Evolution and Implementation of GST in India
1.6 Characteristics of GST
1.7 Composition of GST Law in India
1.8 Advantages of GST
1.9 Limitations of GST
1.10 Taxes Subsumed by GST
1.11 Important Definitions in CGST Act, 2017
1.12 Sections and Provisions of GST
1.13 CGST Rule Numbers and Headings
1.14 Forms Prescribed by the GST Law
1.15 Abbreviations Used in the Context of GST
Review Questions
Chapter 2 Class, Powers, Function and Jurisdiction of GST Officers and Institutions
2.1 Meaning of ‘Board’ (Section 2(16))
2.2 Class of Officers in the Administration of GST in India
2.3 Officers to Assist Proper Officers (Section 72)
2.4 Officers under the State Goods and Services Tax Act, 2017
2.5 Jurisdiction of Proper Officers
2.6 Empowering Provisions in GST (Section 5)
2.7 Major Powers of the GST Officers in India
2.8 Specific Functions and Powers of the GST Officers under CGST Act
2.9 Cross-empowerment Model in GST
2.10 GST Council
2.11 The Goods and Service Tax Network
2.12 Notification of the Common Goods and Services Tax Electronic Portal
2.13 Taking Assistance of an Expert (Section 153)
2.14 Deemed Public Servants (Section 156)
2.15 Protection to Officers
2.16 Making Rules and Regulations
2.17 Laying of Rules, Regulations and Notifications Before the House of Parliament (Section 166)
2.18 Issue of Orders, Instructions or Directions to the Central Tax Officers for the Purpose of Uniformity (Section 168(1))
2.19 Meaning of ‘Commissioner’ (Section 168(2))
2.20 Serving Decision, Order, Summons, Notice or Other Communications (Section 169)
2.21 GST and Prevention of Anti-profiteering
2.22 Making General or Special Orders by the Central Government
2.23 Geographical Jurisdiction of Administration of GST Law
2.24 CGST Rules Governing Anti-profiteering
Review Questions
Chapter 3 Registration
3.1 Meaning of Registration
3.2 Basic Concepts to be Understood for Registration
3.3 Aggregate Turnover (Section 2(6) & (22))
3.4 Threshold Limit
3.5 Amount of Threshold Limit (Section 22(1)) (As per Notification. No 10/2019, Dated 7-3-19)
3.6 Meaning of Normal/Ordinary States
3.7 Meaning of Special Category States
3.8 Types of Registration under GST Act, 2017
3.9 Conditions and Procedure of Registration (Section 25) (rules 8-10)
3.10 Process of Registration (Section 25) (Rules 8-10)
3.11 Process of Making the Application On-line
3.12 Documents to be Uploaded Along with the Application
3.13 Amendment of Registration (Section 28) (Rule 19)
3.14 Aadhaar Authentication
3.15 Suspension of Registration (Section 29(1)) (Rule 21A)
3.16 Cancellation of Registration (Section 29)
3.17 Revocation of Cancellation of Registration (Section 30) (Rule 23)
3.18 Notification of Certain Classes of Registered Persons (Section 148)
3.19 CGST Rules Governing Registration
Review Questions
Chapter 4 Scope, Nature and Types of Supply of Goods, Services or Job Work
4.1 Taxable Event in GST
4.2 Conditions or Elements that Make a Supply the Taxable Event
4.3 Meanings and Definitions
4.4 Nature of Supply
4.5 The Establishments of Distinct Persons
4.6 Establishment in the Territory
4.7 Types of Supply
4.8 Job Work
4.9 Notification of Certain Supplies of Goods as Deemed Exports (Section 147)
Review Questions
Chapter 5 Place of Supply
5.1 Introduction
5.2 Classification of Supply of Goods and Services for Determining the Place of Supply
5.3 Classification of Supply Services for Determining the Place of Supply (Section 12 & 13)
5.4 Place of Supply for Supply of Goods
5.5 Liability to Pay Tax in case of Online Information and Database Access or Retrieval Services (Section 14)
Review Questions
Chapter 6 TIME AND VALUE OF SUPPLY
6.1 Need of Time and Value of Supply
6.2 Classification of Supply of Goods to Determine the Time of Supply (Section 12)
6.3 Classification of Supply of Services to Determine the Time of Supply (Section 13)
6.4 Classification of Supply of Goods or Services in case of Change in Rate of Tax (Section 14)
6.5 Time of Supply of Goods (Section 12)
6.6 Time of Supply of Services (Section 13)
6.7 Time of Supply of Goods or Services in case of Change in Rate of Tax (Section 14)
6.8 Value of Taxable Supply (Section 15)
6.9 CGST Rules Governing Value of Supply
Review Questions
Chapter 7 Levy and Collection of GST
7.1 Levy of CGST on Intra-state Supplies (Section 9(1))
7.2 Exemption from the Levy of CGST (Section 9(1))
7.3 Levy of CGST on a Future Date (Section 9(2))
7.4 Notification of Supplies to be Levied on ‘Reverse Charge’ Basis (Section 9(3))
7.5 Levy of CGST on ‘Reverse Charge’ Basis (Section 9(4))
7.6 Levy of CGST on Interstate Supply of Services by Electronic Commerce Operators (ECOs) (Section 9(5))
7.7 Levy on the Representative of the ECO (Section 9(5))
7.8 Duty of the ECO to Appoint an Agent for Paying Tax (Section 9(5))
7.9 Composition Levy Scheme (Section 10) (Rule 5)
7.10 Power to Grant Exemption from GST (Section 11)
7.11 Rounding-off of the Amount of Tax, Interest, Penalty, Fine and Refund (Section 170)
7.12 CGST Rules Governing Composition Levy
Review Questions
Chapter 8 Tax Invoice, Credit and Debit Notes and E-Invoice
8.1 Tax Invoice (Section 2(66))
8.2 Issue of Invoice
8.3 Time of Issue of Tax Invoice for Supply of Goods (Section 31(1))
8.4 Revised Invoice
8.5 Bill of Supply
8.6 Receipt Voucher
8.7 Refund Voucher
8.8 Issue of ‘Payment Voucher’, in case of Payment of Tax on ‘Reverse Charge Basis’ (Section 31(3)(F))
8.9 Payment Voucher
8.10 Issue of Invoice, in case of Continuous Supply of Goods (Section 31(4))
8.11 Time Limit for Issue of Invoice for Services (Rule 47)
8.12 Issue of Invoice, in case of Continuous Supply of Services (Section 31(5))
8.13 Issue of Tax Invoice in case of Stoppage (Cessation) of Supply of Service before the Completion of Supply (Section 31(6))
8.14 Issue of Tax invoice in case of Goods being Sent or Taken on Approval for Sale or Return (Section 31(7))
8.15 Provision of Prescribed Modes of Electronic Payment to the Recipient of Supply of Goods (Section 31(A))
8.16 Amount of Tax in Tax Invoice (Section 33)
8.17 Credit Note
8.18 Debit Note
8.19 Revised Invoice in case of Inter-state Supplies (Rule 53(2))
8.20 Mentioning “Input Tax Credit Not Admissible” (Rule 53(3))
14.12 CGST Rules Governing Payment and Refund of GST
Review Questions
Chapter 15 Demands and Recovery
15.1 Determination of Tax in cases Other than Frauds, Misstatement or Suppression of Facts etc (Section 73)
15.2 Determination of Tax in case of Frauds, Misstatement or Suppression of Facts etc (Section 74)
15.3 Proceedings under Section 73 and 74
15.4 Determination of Tax and Orders by Appellate Authority or Appellate Tribunal or Court etc (Section 75)
15.5 Tax Collected but Not Paid to the Government (Section 76)
15.6 Tax Wrongly Collected and Paid to the Governments (Section 77)
15.7 Recovery Proceedings and Recovery of Tax (Section 78 and 79)
15.8 CGST Rules Governing Demand and Recovery
Review Questions
Chapter 16 GST Audit, Inspection, Search and Seizure
16.1 Responsibility of the Registered Persons
16.2 GST Audit (Section 2(13))
16.3 Types of GST Audit
16.4 Inspection (Section 67)(Rule 139)
16.5 Inspection of Goods in Movement (Section 68)
16.6 Power to Arrest (Section 69(1))
16.7 Power to Summon
16.8 Power of Access to Business Premises (Section 71(1))
16.9 Power to Demand Documents, Records, Statements, etc. (Section 71(2))
16.10 Taking Sample with a Receipt (Section 154)
16.11 CGST Rules Governing Audit
Review Questions
Chapter 17 Liability to Pay GST—Special Persons and Events
17.1 Liability to Pay Tax in case of Transfer of Business
17.2 Liability in the Event of Amalgamation or Merger of Companies (Section 87(1))
17.3 Liability in the Event of Company in Liquidation (Section 88)
17.4 Liability of Directors
17.5 Liability of Partners
17.6 Liability in case of Certain Persons
17.7 Liability of Court of Wards, etc (Section 92)
17.8 Liability in case of Taxable Person Ceases to Exist
17.9 Liability in case of HUF, AOP or Partnership Firms
Review Questions
Chapter 18 Advance Ruling
18.1 Advance Ruling
18.2 Procedure for Disposing the Application for Advance Ruling (Section 98(1-7))
18.3 Deemed Appellate Authority for Advance Ruling (Section 99)
18.4 Appeal to Appellate Authority (Section 100)(Rule 106)
18.5 Orders of Appellate Authority
18.6 National Appellate Authority (Section 101A)
18.7 Appeal to National Appellate Authority (Section 101B(1))
18.8 Rectification of Order
18.9 Binding of Advance Ruling (Section 103(1))
18.10 Void Advance Rulings (Section 104(1))
18.11 Powers of Authority and Appellate Authority
18.12 Power to Self Regulate their Procedure (Section 106)
18.13 Manual Filing and Processing (Rule 107A)
18.14 CGST Rules Governing Advance Ruling
Review Questions
Chapter 19 Appeals and Revision
19.1 Definitions
19.2 Meaning of an Appeal
19.3 Types of Appeals
19.4 Appeals to Appellate Authority (Section 107) (Rule 108)
19.5 Revisional Authority
19.6 Power of and Procedure before Appellate Tribunal
19.7 Appeals to Appellate Tribunal
19.8 Appearance by Authorized Representatives
19.9 Appeal to High Court
19.10 Appeal to Supreme Court
19.11 Non-appealable Decisions and Orders (Section 121)
19.12 Presumption and Admission of Documents by Court (Section 144)
19.13 Presumption of Materials and Certificate
19.14 Presumption of Details
19.15 Provisions Relating to Invalidating of Assessment or Notice
19.16 Rectification of an Error which is Apparent on the Face of Record (Section 161)
19.17 No Jurisdiction for Civil Courts (Section 162)
19.18 Provision of a Copy of any Order or Document on Payment of Fee (Section 163)
19.19 CGST Rules Governing Appeals and Revision
Review Questions
Chapter 20 Penalties, Fines and Punishments for Offences
20.1 Offences under GST
20.2 Penalties
20.3 General Guidelines for Imposing Penalty (Section 126)
20.4 Waiving Penalty or Fine or Both (Section 128)
20.5 Detention, Seizure and Release of Goods and Conveyances in Transit
20.6 Confiscation of Goods or Conveyances and Levy of Penalty
20.7 Non-interference of Confiscation or Penalty with Other Punishments (Section 131)
20.8 Persons Punishable for Offences (Section 132(1))
20.9 Liability of Officers and Other Persons
20.10 Persons to be Held Guilty of Offence
20.11 Compounding of Offences
20.12 CGST Rule Governing Offences and Penalties
Review Questions
Chapter 21 Harmonized System Code(HSC) and Services Accounting Code(SAC)
21.1 Need of Codes
21.2 HS Code
21.3 Service Accounting Codes (SAC)
Review Questions
Chapter 22 Basics of Customs Law
22.1 Introduction
22.2 Objectives of Levying Customs Duty
22.3 Custom Law in India
22.4 Central Board of Indirect Taxes and Customs (CBIC)
22.5 Rules and Regulations Associated with the Customs Act, 1962
22.6 Arrangement of Chapters and Sections of the Customs Act, 1962
22.7 Definitions and Important Concepts in Customs Act, 1962
22.8 Officers of Customs
22.9 Taxable Event
22.10 Levy of Customs Duty (Section 12)
22.11 Customs Valuation and WTO
22.12 Customs Law and GST Law
22.13 Power of the Central Government to Amend the Schedules (Section 8)
22.14 Appeals and Revision
22.15 Offences under the Customs Act, 1962
22.16 Confiscation of Goods and Conveyances and Imposition of Penalties
Review Questions
Solved Problems
Multiple Choice Question
Addendum
Index
Biographical note
Dr. L. J. Chaarlas was Head and Associate Professor (Retired), Department of Commerce, St. Joseph’s College (Autonomous), Trichy. He has more than 36 years of experience in teaching. His areas of interest include Income Tax, Marketing, Business Management, Business Ethics, Human Resource Management (HRM), Entrepreneurship and GST. He is a well-acknowledged HR trainer and Quiz Master. He has authored books like Understanding Behavioural Finance: Making Better Decisions, Principles and Practices of Accounting, and Goods and Services Tax.