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TMI BlogClarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the APGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the APGST Act.X X X X Extracts X X X X X X X X Extracts X X X X ..... Dt. 28.01.2019 Sub: Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the APGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the APGST Act; applicability of G.O.Ms.No.476 Rev.(CT-II) Dept. Dt.20-09-2018 [corresponding notification No. 50/2018-Central Tax]; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GST-Reg. In order to clarify certain issues and to ensure uniformity of implementation across field formations, the Chief Commissioner, in exercise of his powers conferred under section 168 (1) of the Andhra Pradesh Goods and Services Tax Act, 2017 (here ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oted that such supply to an unregistered person is also a taxable supply under GST but is not covered under GO Ms. No.492 Revenue (CT-II) Dt.03.11.2017 {corresponding notification No. 36/2017-Central Tax (Rate)} and notification No. 37/2017- Integrated Tax (Rate) both dated 13.10.2017. 5. In this regard, it is clarified that the respective Government departments (i.e. Central Government, State Government, Union territory or a local authority) shall be liable to get registered and pay GST on intra-State and inter-State supply of used vehicles, seized and confiscated goods, old and used goods, waste and scrap made by them to an unregistered person subject to the provisions of sections 22 and 24 of the APGST Act. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... process of law. 3. In case a debit note is to be issued under section 142(2) (a) of the APGST Act or a credit note under section of the APGST Act, hat will be the tax rate applicable - the rate in the re-GST regime or the rate applicable under GST? 1. It may be noted that as per the provisions of section 142(2) of the APGST Act, in case of revision of prices of any goods or services or both on or after the appointed day (i.e., 01.07.2017), a supplementary invoice or debit/credit note may be issued which shall be deemed to have been issued in respect of an outward supply made under the APGST Act. 2. It is accordingly clarified that in case of revision of prices, after the appointed d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . or more participation by way of equity or control is with the Government. 5. What is the correct valuation methodology for ascertainment of GST on Tax collected at source (TCS) under the provisions of the Income Tax Act, 1961? 1. Section 15(2) of APGST Act specifies that the value of supply shall include any taxes, duties cesses, fees and charges levied under any law for the time being in force other than this Act, the CGST Act, the UTGST Act and the GST (Compensation to States) Act, if charged separately by the supplier. 2. It is clarified that as per the above provisions, taxable value for the purposes of GST shall include the TCS amount collected under the provisions of the I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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