Sunday, 24 December 2017

GST Yathra- 6- Section 9 of the IGST Act

Section 9 of the IGST Act

Where the location of supplier or the place of supply is in territorial waters,

then the location of supplier or the place of supply

shall be deemed to be the

Coastal State or Union Territory, 

where the nearest point of the appropriate baseline is located. 



The limit of the territorial water extends upto 12 nautical miles from the appropriate baseline

GST Yathra- 5- Section 8 of IGST Act- Intra-state Supply

Section 8 - Intra state supplies

Sub-section-1

Intra state supply is:

Supply of goods, where the location of supplier and place of supply are in the same state or Union territory

except

(i) supply of goods to or by a Special Economic Zone developer

or a Special Economic Zone unit

(ii) goods imported into the territory of India till they cross the

customs frontiers of India

(iii) supplies made to a tourist referred to in section 15


Supply of services , where the location of supplier and place of supply are in the same state or Union territory

Sub-section 1 - Exclusions

Following shall not be treated as Intra-state supply

(i) supply of goods to or by a Special Economic Zone developer

or a Special Economic Zone unit

(ii) goods imported into the territory of India till they cross the

customs frontiers of India

(iii) supplies made to a tourist referred to in section 15

Explanation to

Section 15 defines tourist as a person not normally resident in India, who

enters India for a stay of

not more than 6 months for legitimate non-immigrant

purposes.

Explanation to Section 8

1.) The following shall be regarded as establishments of distinct persons

(i) an establishment in India and any other establishment outside India

(ii) an establishment in a State or Union territory and any other

establishment outside that State or Union territory

(iii) an establishment in a State or Union territory and any other

establishment being a business vertical

 registered within that State or Union territory

2.)A person carrying

on a business through a branch or an agency or a representational office

in any territory shall be treated as having an establishment in that territory

GST Yathra- 4- Section 7 of IGST Act- Inter-state supplies

Section 7 - Inter state supplies/ Supply in the course of inter-State trade or commerce
Inter state supplies

The following shall be treated as Supply in the course of inter-State trade or commerce
Inter state supplies

a) Supply of goods, where the location of supplier and place of supply are in different states and/or Union territories

b) Supply of services , where the location of supplier and place of supply are in different states and/or Union territories

c) Supply of goods imported into India, until they cross the customs frontiers

d) Supply of services imported into the territory of India

e) Supply of goods or services or both

 - when the supplier is located in India and the place of supply is outside India;

 - to or by a Special Economic Zone developer or a Special Economic Zone unit

 -in the taxable territory, not being an intra-State supply and not covered elsewhere in this section




IGST is levied on all the above transactions

As per Section 16 of IGST Act, supply of goods or services or both to a Special Economic Zone
developer or a Special Economic Zone unit are zero-rated supplies

GST Yathra- 3- Section 8 of CGST Act


Tax on Composite and Mixed Supply - Section 8



Composite supply means a supply made by a taxable person to a recipient and:


• comprises two or more taxable supplies of goods or services or both, or any combination thereof.



• are naturally bundled and supplied in conjunction with each other, in the ordinary course of business



• one of which is a principal supply





 A composite supply comprising of two or more supplies, one of which is a principal supply,



shall be treated as a supply of such principal supply.





Mixed supply means:



• two or more individual supplies of goods or services, or any combination thereof, made in conjunction with each other by a taxable person



• for a single price where such supply does not constitute a composite supply




The individual supplies are independent of each other and are not naturally bundled.





A mixed supply comprising of two or more supplies shall be treated as supply of that



particular supply that attracts highest rate of tax.









GST Yathra- 2- Section 7 of CGST Act

Concept of Supply

Section 7 - Meaning and scope of supply

Section 7(1)

Supply includes

a)Any supply

  for consideration

  in the course of or furtherance of business


b)Importation of services

 for a consideration

 whether or not in the course of business


c)Schedule I actitivities

  without consideration


d)Schedule II activities


Section 7(2)

Supply excludes

a)Schedule III activities

b)Notified activities undertaken by Central or State Government or Local authority


Section 7(3)

Government may notify transactions to be treated as supply of goods/services


Provisions of scope of supply under CGST Act have also been made applicable to IGST Act vide section 20 of the IGST Act


In detail


Section 7(1)(b)

Eg :
Ramaiyaa, a proprietor, has received the architect services for his house from an architect located in New York at an agreed consideration of $ 5,000. The import of services by Ramaiyaa is supply under section 7(1)(b) though it is not in course or furtherance of business.

Section 7(1)(c) - Schedule I activities  - without consideration - in the course of business


                I.Permanent Transfer/Disposal of Business Assets

Eg: transfer of business assets from holding to subsidiary company for nil consideration.

                II.Supply between related person or distinct persons

    1. Related persons

a) Such persons are officers/directors of one another’s business

b) Such persons are legally recognised partners


c) Such persons are employer & employee

d) A third person controls/ own/ holds (directly/ indirectly) ≥ 25% voting stock/shares of both of them

e) One of them controls (directly/indirectly) the other

f) A third person controls (directly/indirectly) both of them

g) Such persons together control (directly/indirectly) a third person

h) Such persons are members of the same family

i) One of them is the sole agent/sole distributor/sole concessionaire of the other

2. Distinct Persons specified under section 25

a) More than one registration in a State/ Union territory

b) Two establishments of a person in two different States/Union territories shall be treated as establishments of distinct persons.


3.Stock transfers or branch transfers

4. Supply of goods or services or both between an employer and employee

   -Excluding services provided by an employee to the employer in the course of to his employment


Schedule I - Gifts not exceeding Rs. 50,000 in a financial year by an employer to an employee shall not be treated as supply of goods or services



                 III.Principal – Agent


Supply of goods by

a principal to his agent

an agent to principal

without consideration


             IV. Import of services by a taxable person from a related person or from his establishments located outside India, without consideration



Section 7(1)(d) -Schedule II- Activities to be treated as supply of goods or services


a) Transfer of Title in goods

b)Transfer of Right in goods/ undivided share in goods without transfer of title in goods

c)Transfer of Title in goods under an agreement which stipulates that property shall pass at a future date.

d)Lease, tenancy, easement, licence to occupy land

e)Lease or letting out of building for business or commerce, wholly or partly

f)Treatment on other's goods/Job work

g)Business assets transferred/dispossed off, whether or not for consideration

h)Goods held/used for business are put to private use,whether or not for consideration

i)Goods forming part of assets of any business carried on by a person who ceases to be a taxable person

except


Business transferred as a going concern

Business is carried on by a personal representative who is deemed to be a taxable person


j)Renting of immovable property


k)Construction service except where consideration has been received after issuance of completion certificate


l)Temporary transfer of intellectual property right


m)Development, design, programming,customisation, adaptation, upgradation,enhancement, implementation of IT software


n)Refrainining or tolerating


o)Transfer of right to use any goods


p)Following Composite supplies:


  i)Works contract services.

  ii)Supply as part of any service, of goods, being food or any other article for human consumption or any drink

q)Supply of goods by an unincorporated association or body of persons to a member thereof for consideration

Negative list under GST - Schedule III

a) Service  by employee to employer in employment

b) Services by any court or Tribunal

c) Functions by Members of Parliament, State legislature, local authority

d) Duties by a person in consitutional capacity

e) Duties of person in a body body established by the Central Government or a State Government or local authority

f) Services of funeral, burial, crematorium or mortuary including transportation of the deceased

g) Sale of land/building

h) Actionable claims, other than lottery, betting and gambling.


Section 7(2)(b)

Services notified by government are excluded from supply

Services by way of any activity in relation to a function entrusted to a Panchayat under article 243G of the Constitution has been notified for this purpose.

GST Yathra-1 - Some Important Definitions

Definitions 
  
1. Goods 
   
 means every kind of moveable property
   
 other than money and securities
   
 but includes actionable claim, growing crops, grass and things attached to land agreed to be severed before supply
   
2. Services  
   
 means anything other than goods, money and securities
   
 but includes activities relating to use  of money or currency conversion for which a separate consideration is charged
   
3. Business  
   
   includes  
   
 a) any trade, commerce, manufacture, profession, vocation, adventure, wager or any similar activity, whether or not for pecuniary benefit
   
 b) incidental to a
   
 c) any activity or transaction in nature of a, whether or not there in volume, frequency, continuity or regularity
   
 d) supply or acquisition of goods including capital assets and services in connection with closure of business
   
 e) provision by club, body, association, society, or any such body (for subscription or other consideration) of facilities to its to members
   
 f) admission to a premises for consideration
   
 g) services supplied by a person as the holder of an office which has been accepted by him in the course or furtherance of his trade, profession or vocation;
   
 h) services provided by a race club by way of totalisator or a licence to book maker in such club
   
 i) any activity or transaction undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities
   
4. Person  
   
 a) An individual + HUF +  Firm + LLP + Company+ Body corporate incorporated outside India + AOP/BOI   + Trust +  AJP
   
 b) A local authority + Central/State Government
   
 c) Any corporation established  under any law + Government company
   
 d) A Co-operative society + A Society registered under Societies Registration Act, 1860
   
5. Consideration 
   
 a) any payment,whether in money or otherwise , whether by the recipient or by any other person
   
 b) the monetary value of any act or forbearance, whether by the recipient or by any other person
   
 c) Shall not include any subsidy given by the Central Government or a State
Government.
   
 d) Deposit in respect of goods or services not to be considered as payment unless the supplier applies such deposit as consideration
   
6. Approved vocational education course: means, -
a. National Council for Vocational Training or State Council for Vocational Training offering courses in designated trades notified under the Apprentices Act, 1961 or

b.  Modular Employable Skill Course, approved by the National Council of Vocational Training, run by a person registered with the Directorate General of Training, Ministry of Skill Development and Entrepreneurship



7. Charitable activities:

 means activities relating to -

(i) public health by way of,-

(A) care or counseling of

(I) terminally ill persons or persons with severe physical or mental disability;
(II) persons afflicted with HIV or AIDS;
(III) persons addicted to a dependence-forming substance such as narcotics drugs or alcohol; or
(B) public awareness of preventive health, family planning or prevention of HIV infection;

(ii) advancement of religion, spirituality or yoga;
(iii) advancement of educational programmes or skill development relating to,-
(A) abandoned, orphaned or homeless children;
(B) physically or mentally abused and traumatized persons;
(C) prisoners; or
(D) persons over the age of 65 years residing in a rural area;
(iv) preservation of environment including watershed, forests and wildlife;

 

Wednesday, 2 August 2017

Business and Economy news - July 2017

         
  • According to 2nd National Council of Applied Economic Research (NCAER) State Investment Potential Index (N-SIPI 2017) report - Gujarat retained top position in list of 21 states and UTs with most investment potential, followed by Delhi and Andhra Pradesh.
  • According to Asian Development Bank, India will achieve GDP growth rate of 7.4 % in 2017-18 and 7.6 % in 2018-19.
  • Banking Regulation (Amendment) Bill 2017 presented in Lok Sabha, seeking to amend Banking Regulation Act 1949 and replace Banking Regulation (Amendment) Ordinance 2017. It authorises RBI to -
    • Direct banking companies to resolve the problem of stressed assets and Initiate insolvency resolution process on specific stressed assets.
    • Issue other directions for resolution, appoint or approve authorities or committees to advise banking companies for stressed asset resolution. Recovery proceedings will be carried out under Insolvency and Bankruptcy Code 2016.
  • Chhattisgarh government will merge all district cooperative central banks (DCCBs) of state into a single State Cooperative Bank, to serve farmers with better and efficient banking facilities.
  • China based Asian Infrastructure Investment Bank (AIIB) approved USD 329 million loan to build access roads to 4,000 villages in Gujarat. 
  • FINO Payments Bank commenced operations as a payments bank. FINO Payments Bank is 4th entity to start functioning as a Payments Bank in India, after Airtel, India Post and Paytm. FINO Payments Bank is 4th entity to start functioning as a Payments Bank in India, after Airtel, India Post and Paytm.
  • Government approved Labour Code on Wages Bill which will ensure a minimum wage across all sectors by integrating existing labour related laws. The Labour Code on Wages Bill consolidates the Minimum Wages Act 1948, Payment of Bonus Act 1965, Payment of Wages Act 1936 and Equal Remuneration Act 1976.
·         Government approved selling government’s entire 51.11% stake in Hindustan Petroleum Corp Ltd to Oil and Natural Gas Corp.Government is 51% owner of HPCL and 68% owner of ONGC. HPCL's addition will make ONGC third-largest refiner in country after IOC and Reliance Industries.
  • ICICI Bank will be selling personal loans of up to Rs 15 lakh through its ATMs.
  • Infosys co-founder Nandan Nilekani along with venture capitalist Sanjeev Aggarwal has launched a $100 million venture fund called Fundamentum to back mid-stage startups that solve unique Indian problems in consumer technology space.
  • RBI imposed penalty of Rs. 3 crore on Union Bank of India for non-compliance with directions on Know Your Customer (KYC) norms. 
  • Punjab National Bank (PNB) will block all Maestro debit cards from 31st of July 2017 if card holders do not replace it with a more secure EMV chip based card by end of July.
  • Reliance Industries Limited (RIL) for the first time crossed Rs 5 lakh crore in market capitalisation. RIL is second firm to cross Rs 5 lakh crore in market capitalisation and is also currently most valued company in India. Tata Consultancy Service (TCS) was first company to hit Rs 5 lakh crore in market capitalisation milestone in July 2014.
  • Lok Sabha passed Companies (Amendment) Bill 2016 to amend Companies Act 2013, to strengthen corporate governance standards, initiate strict action against defaulting companies and help improve the ease of doing business in India.