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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 GGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the GGST Act; applicability of notification No. 50/2018-State Tax; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GSTX X X X Extracts X X X X X X X X Extracts X X X X ..... of the GGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the GGST Act; applicability of notification No. 50/2018-State Tax; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GST-Reg. Various representations have been received seeking clarification on certain issues under the GST laws. In order to clarify these issues and to ensure uniformity of implementation across field formations, the Board, in exercise of its powers conferred under section 168 (1) of the Gujarat Goods and Services Tax Act, 2017 (hereinafter referred to as the "GGST Act") hereby clarifies the issues as below: Sl.No Issue Clarification 1. Whether the supply of used vehicles ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate 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 GGST Act. 2. Whether penalty in accordance with section 73(11) of the GGST Act should be levied in cases where the return in FORM GSTR-3B has been filed after the due date of filing such return? 1. As per the provisions of section 73(11) of the GGST Act, penalty is payable in case self-assessed tax or any amount collected as tax has not been paid within a period of thirty days from the due date of payment of such tax. 2. It ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or debit/credit note may be issued which shall be deemed to have been issued in respect of an outward supply made under the GGST Act. 2. It is accordingly clarified that in case of revision of prices, after the appointed date, of any goods or services supplied before the appointed day thereby requiring issuance of any supplementary invoice, debit note or credit note, the rate as per the provisions of the GST Acts (both GGST and SGST or IGST) would be applicable. 4. Applicability of the provisions of section 51 of the GGST Act (TDS) in the context of notification No. 50/2018-State Tax dated 13.09.2018. 1. A doubt has arisen about the applicability of long line mentioned in clause (a) of notification No. 50/2018- State Tax dated 13.09.201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... buyer is inclusive of the said TCS. 6. Who will be considered as the 'owner of the goods' for the purposes of section 129(1) of the GGST Act? It is hereby clarified that if the invoice or any other specified document is accompanying the consignment of goods, then either the consignor or the consignee should be deemed to be the owner. If the invoice or any other specified document is not accompanying the consignment of goods, then in such cases, the proper officer should determine who should be declared as the owner of the goods. 2. Difficulty if any, in the implementation of this Circular may be brought to the notice of the Chief Commissioner. 3. This Circular shall be deemed to have been issued on the 31st December, 2018. (P.D. Vag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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