CA Students Conference @ Puducherry ICAI
CA Hariharan
@ca_hariharan
Premier Academy ,CA Final ,CA Inter
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CA Hariharan
17 Nov, 04:56
*Super 30 Points on Levy and Collection in GST*
1. Basic Provision
Section 9(1) imposes GST on the supply of goods and services.
GST is levied at rates prescribed under the Act, as recommended by the GST Council.
Example: Sale of a laptop attracts GST at 18%.
Case Law: Mohit Minerals Pvt Ltd v. Union of India (2022) – Addressed levy on import transactions under reverse charge.
2. Dual GST Structure
Central GST (CGST) and State GST (SGST) are levied on intra-state supplies.
Integrated GST (IGST) is levied on inter-state supplies.
Example: A Delhi supplier selling goods to Mumbai levies IGST.
Case Law: K.K. Agarwal v. Union of India (2021) – Validity of dual GST structure upheld.
3. Reverse Charge Mechanism (RCM)
Under Section 9(3), GST liability is shifted to the recipient for notified goods/services.
Example: Legal services provided by an advocate are taxable under RCM.
Case Law: M/s Safari Retreats Pvt Ltd v. Chief Commissioner of CGST – Discussed ITC on RCM supplies.
4. RCM for Unregistered Suppliers
Section 9(4) initially imposed RCM on purchases from unregistered suppliers, later restricted to specified cases.
Example: Procurement of construction material by a registered business from an unregistered supplier attracts RCM.
5. Composition Scheme
Section 9(1) allows small taxpayers to pay tax under a simplified scheme with reduced rates.
Example: A small restaurant opts for composition and pays GST at 5%.
Case Law: Vikas WSP Ltd v. State of Haryana – Determination of eligibility for composition levy.
6. Notified Exemptions
Specific goods and services are exempt under Section 9 read with Section 11.
Example: GST is not levied on basic education services.
7. Valuation for Levy
GST is levied on the transaction value (Section 15).
Example: A car sold for ₹10 lakh attracts GST on ₹10 lakh unless additional charges are included.
8. Tax Payable by E-Commerce Operators
Section 9(5) holds e-commerce operators liable for GST in specific services like transportation.
Example: Swiggy collects GST on food delivery.
Case Law: M/s Myntra Designs Pvt Ltd v. State of Karnataka (2022) – Discussed liability of e-commerce operators.
9. Composite and Mixed Supply
GST on a composite supply is levied at the rate applicable to the principal supply.
Example: Sale of a laptop with a pre-installed software attracts GST at 18%.
10. Tax on Advance Payment
GST is applicable on advance receipts for taxable supplies.
Example: Advance for construction services attracts GST.
Case Law: Narula and Co. v. GST Council – Clarity on advance taxability.
11. Levy on Imported Services
IGST is payable under RCM for import of services.
Example: An Indian business paying for consultancy services to a US firm pays IGST.
12. Deemed Supply
Schedule I specifies situations where supply is deemed even without consideration.
Example: Stock transfer between branches in different states attracts IGST.
13. Time of Supply
Section 12/13 determines the timing for levy.
Example: For goods, GST applies at the time of issuing the invoice.
14. Place of Supply
Determines whether CGST/SGST or IGST applies.
Example: Goods delivered within a state attract CGST and SGST.
15. Cross-Charge Mechanism
Tax is applicable for services provided between different registrations under the same PAN.
Example: Shared HR services across branches attract GST.
16. Notification-Based Exemptions
Government can exempt certain transactions via notifications under Section 11.
Example: Exemption on healthcare services.
17. Applicability on Discounts
Post-supply discounts are excluded from the transaction value if conditions are met.
18. Levy on Free Supplies
Free supplies to unrelated parties are not subject to GST.
19. Anti-Profiteering
Levy mechanism ensures tax benefits are passed to consumers.
Case Law: Patanjali Ayurved Ltd v. National Anti-Profiteering Authority.
20. GST on Barter Transactions
Barter or exchange is taxable under Section 9.
Example: Exchange of old gold for new jewelry attracts GST.
21. Mixed Supply
1. Basic Provision
Section 9(1) imposes GST on the supply of goods and services.
GST is levied at rates prescribed under the Act, as recommended by the GST Council.
Example: Sale of a laptop attracts GST at 18%.
Case Law: Mohit Minerals Pvt Ltd v. Union of India (2022) – Addressed levy on import transactions under reverse charge.
2. Dual GST Structure
Central GST (CGST) and State GST (SGST) are levied on intra-state supplies.
Integrated GST (IGST) is levied on inter-state supplies.
Example: A Delhi supplier selling goods to Mumbai levies IGST.
Case Law: K.K. Agarwal v. Union of India (2021) – Validity of dual GST structure upheld.
3. Reverse Charge Mechanism (RCM)
Under Section 9(3), GST liability is shifted to the recipient for notified goods/services.
Example: Legal services provided by an advocate are taxable under RCM.
Case Law: M/s Safari Retreats Pvt Ltd v. Chief Commissioner of CGST – Discussed ITC on RCM supplies.
4. RCM for Unregistered Suppliers
Section 9(4) initially imposed RCM on purchases from unregistered suppliers, later restricted to specified cases.
Example: Procurement of construction material by a registered business from an unregistered supplier attracts RCM.
5. Composition Scheme
Section 9(1) allows small taxpayers to pay tax under a simplified scheme with reduced rates.
Example: A small restaurant opts for composition and pays GST at 5%.
Case Law: Vikas WSP Ltd v. State of Haryana – Determination of eligibility for composition levy.
6. Notified Exemptions
Specific goods and services are exempt under Section 9 read with Section 11.
Example: GST is not levied on basic education services.
7. Valuation for Levy
GST is levied on the transaction value (Section 15).
Example: A car sold for ₹10 lakh attracts GST on ₹10 lakh unless additional charges are included.
8. Tax Payable by E-Commerce Operators
Section 9(5) holds e-commerce operators liable for GST in specific services like transportation.
Example: Swiggy collects GST on food delivery.
Case Law: M/s Myntra Designs Pvt Ltd v. State of Karnataka (2022) – Discussed liability of e-commerce operators.
9. Composite and Mixed Supply
GST on a composite supply is levied at the rate applicable to the principal supply.
Example: Sale of a laptop with a pre-installed software attracts GST at 18%.
10. Tax on Advance Payment
GST is applicable on advance receipts for taxable supplies.
Example: Advance for construction services attracts GST.
Case Law: Narula and Co. v. GST Council – Clarity on advance taxability.
11. Levy on Imported Services
IGST is payable under RCM for import of services.
Example: An Indian business paying for consultancy services to a US firm pays IGST.
12. Deemed Supply
Schedule I specifies situations where supply is deemed even without consideration.
Example: Stock transfer between branches in different states attracts IGST.
13. Time of Supply
Section 12/13 determines the timing for levy.
Example: For goods, GST applies at the time of issuing the invoice.
14. Place of Supply
Determines whether CGST/SGST or IGST applies.
Example: Goods delivered within a state attract CGST and SGST.
15. Cross-Charge Mechanism
Tax is applicable for services provided between different registrations under the same PAN.
Example: Shared HR services across branches attract GST.
16. Notification-Based Exemptions
Government can exempt certain transactions via notifications under Section 11.
Example: Exemption on healthcare services.
17. Applicability on Discounts
Post-supply discounts are excluded from the transaction value if conditions are met.
18. Levy on Free Supplies
Free supplies to unrelated parties are not subject to GST.
19. Anti-Profiteering
Levy mechanism ensures tax benefits are passed to consumers.
Case Law: Patanjali Ayurved Ltd v. National Anti-Profiteering Authority.
20. GST on Barter Transactions
Barter or exchange is taxable under Section 9.
Example: Exchange of old gold for new jewelry attracts GST.
21. Mixed Supply
CA Hariharan
17 Nov, 04:56
Tax rate of the highest component applies.
Example: A hamper with chocolates (18%) and dry fruits (12%) is taxed at 18%.
22. Job Work
GST is levied on job work unless specifically exempted.
23. Taxability of Cess
Compensation cess is levied on specified goods like luxury items.
24. No Double Taxation
Transactions taxed under GST are excluded from other levies.
Example: Alcohol for human consumption is outside GST.
25. Levy on Online Information Services
OIDAR services supplied by foreign entities are taxed under RCM.
Case Law: Flipkart Internet Pvt Ltd v. Union of India.
26. Tax on Intermediary Services
Place of supply for intermediary services is the location of the supplier.
27. Treatment of Export
Exports are treated as zero-rated under Section 16 of the IGST Act.
28. Supplies to SEZ
Supplies to SEZ are zero-rated under Section 16 of the IGST Act.
29. Tax on Real Estate
GST is levied on under-construction properties.
Case Law: Union of India v. Builder Association of India.
30. Penalty for Non-Compliance
Non-compliance under Section 9 attracts penalties under Section 122.
Case Law: P. T. Enterprises v. CGST Department – Discussed penalties on non-payment of tax.
Example: A hamper with chocolates (18%) and dry fruits (12%) is taxed at 18%.
22. Job Work
GST is levied on job work unless specifically exempted.
23. Taxability of Cess
Compensation cess is levied on specified goods like luxury items.
24. No Double Taxation
Transactions taxed under GST are excluded from other levies.
Example: Alcohol for human consumption is outside GST.
25. Levy on Online Information Services
OIDAR services supplied by foreign entities are taxed under RCM.
Case Law: Flipkart Internet Pvt Ltd v. Union of India.
26. Tax on Intermediary Services
Place of supply for intermediary services is the location of the supplier.
27. Treatment of Export
Exports are treated as zero-rated under Section 16 of the IGST Act.
28. Supplies to SEZ
Supplies to SEZ are zero-rated under Section 16 of the IGST Act.
29. Tax on Real Estate
GST is levied on under-construction properties.
Case Law: Union of India v. Builder Association of India.
30. Penalty for Non-Compliance
Non-compliance under Section 9 attracts penalties under Section 122.
Case Law: P. T. Enterprises v. CGST Department – Discussed penalties on non-payment of tax.
CA Hariharan
11 Nov, 14:02
Job opportunity 🎯
Seeking candidates for fulltime employment in our CA Office - CA / CMA Inter, given in this attempt / cleared and writing final. Position based at Chennai, major areas of exposure would be GST, Income Tax & Audits (Corporate & Non-Corporate).
Mail resume to [email protected]; [email protected]
Seeking candidates for fulltime employment in our CA Office - CA / CMA Inter, given in this attempt / cleared and writing final. Position based at Chennai, major areas of exposure would be GST, Income Tax & Audits (Corporate & Non-Corporate).
Mail resume to [email protected]; [email protected]
CA Hariharan
06 Nov, 05:46
Job opportunity 🎯
*Urgent requirement*
Qualification : CA Inter (Freshers also )
Location : Coimbatore
Contact : [email protected]
WhatsApp : 8072008670
*Urgent requirement*
Qualification : CA Inter (Freshers also )
Location : Coimbatore
Contact : [email protected]
WhatsApp : 8072008670
CA Hariharan
18 Oct, 14:19
Focus | Sharing = Caring
https://youtube.com/shorts/bRgjDKPmXME?feature=share
https://youtube.com/shorts/bRgjDKPmXME?feature=share
CA Hariharan
18 Oct, 08:13
CA FINAL NOVEMBER 2024 EXAMINATION STUDENTS DOWNLOAD YOUR ADMIT CARD https://cdn3.tcsion.com//EForms/configuredHtml/1666/71730/login.html
CA Hariharan
18 Oct, 05:35
Good morning 🙏🙏
I'm Happy ❤️ to share
My new release
*Financial Management* fulfledged Text Book 📕.
(For CA, CMA, CS, ACCA, MBA, PGDM ) 8th Edition
foreword by
“Padmashree” CA TN Manoharan sir.
My respectful salutations to all my GURUS and well wishers. 🙏🙏
I'm Happy ❤️ to share
My new release
*Financial Management* fulfledged Text Book 📕.
(For CA, CMA, CS, ACCA, MBA, PGDM ) 8th Edition
foreword by
“Padmashree” CA TN Manoharan sir.
My respectful salutations to all my GURUS and well wishers. 🙏🙏
CA Hariharan
11 Oct, 06:00
Job opportunity 🎯
We are on the look out for an accountant with knowledge on school a counting procedures.
WhatsApp
+91 98400 45154
We are on the look out for an accountant with knowledge on school a counting procedures.
+91 98400 45154
CA Hariharan
09 Oct, 05:23
Again my daughter Vedantha became Trending ❤️❤️❤️❤️
https://www.instagram.com/reel/CgHe9Ynp_RO/?igsh=MTlxeDk3Ym1hYm15bA==
https://www.instagram.com/reel/CgHe9Ynp_RO/?igsh=MTlxeDk3Ym1hYm15bA==
CA Hariharan
06 Oct, 01:46
Success = Discipline + Consistency | Sharing = Caring
https://youtube.com/shorts/CIZnRBbn4Pw?feature=share
https://youtube.com/shorts/CIZnRBbn4Pw?feature=share
CA Hariharan
27 Sep, 12:06
https://www.instagram.com/reel/DAa3LXGyNc8/?igsh=MW80YjYzeHJsd25mcw==
CA Hariharan
24 Sep, 17:19
Job opportunity 🎯
Good evening sir
Urgent requirement
NS Law firm Is looking for a good potential male candidate for accountant role
Min. Qualification B.Com
Experience 0 -2 years
Skills
Proficient in Tally software
Location
Ashok Nagar, Chennai
Deserving candidates will be given a good salary with perks
Interested candidates kindly send your resume to [email protected]
Contact @ 9443907771
Good evening sir
Urgent requirement
NS Law firm Is looking for a good potential male candidate for accountant role
Min. Qualification B.Com
Experience 0 -2 years
Skills
Proficient in Tally software
Location
Ashok Nagar, Chennai
Deserving candidates will be given a good salary with perks
Interested candidates kindly send your resume to [email protected]
Contact @ 9443907771
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