9911796707
TMI BlogClarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the SGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the SGST 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 ..... ioners/ Assistant Commissioner/State Tax Officers/ State Tax, Chhattisgarh (All) …………………………………………. Subject: Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the SGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the SGST 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 orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an unregistered person. 4. It was noted that such supply to an unregistered person is also a taxable supply under GST but is not covered under notification No. 36/2017-State 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 SGST Act. 2. Whether penalty in accordance with section 73(11) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te under section 142(2)(b) of the SGST Act, what will be the tax rate applicable - the rate in the pre-GST regime or the rate applicable under GST? 1. It may be noted that as per the provisions of section 142(2) of the SGST 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 SGST 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng in force other than this Act, the SGST 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 Income Tax Act since the value to be paid to the supplier by the 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 SGST 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 documen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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