Levy & Chrage of Tax - 221122 - 192035

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Levy & Collection of GST

• Section 9 of CGST Act


• Section 5 of CGST Act
• Inter & Intra State supply
• Reverse Charge Mechanism
( PO 4 : K2)

Learning Outcome 2
BBA 309 31-08-2022
Section 9 of CGST/SGST Act 2017
&
Section 5 of IGST Act 2017

Where;
CGST and SGST shall be levied on all intra state supply of goods /services.
IGST shall be levied on all inter state supply of goods/services.

Under GST , levy of tax is dealt under ;


Source: Ahuja & Gupta , GST , Maximax Publication House , P. 41
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Provision of Section 9 CGST/SGST Act
• CGST shall be levied on all intra state supplies of goods and services or both
except on the supply of alcoholic liquor for human consumption.
• It shall be levied on the value of supply ( calculated as per Section 15) at rate
not exceeding 20% .
This system of tax wherein supplier of goods and services pay the tax , it is
known as forward charge.
There are certain cases when the recipient of goods and services or both pay the
taxable amount , such cases are known as reverse charge basis.

Source: Ahuja & Gupta , GST , Maximax Publication House , P. 41-42


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Kinds of supply on which GST is leviable

Inter State
Supply Intra State
Supply

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• Intra State Supply ;
As per provisions of Sec10 , supply of goods/services where the location of the
supplier and place of the supply are in
- Same State or
- Same Union Territory
Shall be treated as Intra State Supply except ;
1. Supply takes place to or by Special Economic Zone .
2. Supplies made to a tourist under Sec 15.

Intra State Supply and Applicable GST


Source: Ahuja & Gupta , GST , Maximax Publication House , P. 49
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Continued ;

Under Intra State supply ; both


- Central Govt
- State Govt/ Union Territory
Will collect tax at a prescribed rate . Out of total tax 50% shall be known as
CGST and rest 50% as SGST/UTGST

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Inter State Supply and Applicable GST
• Inter State Supply ;
As per provisions of Sec 7(1) & (2) , supply of goods /services where the location of the
supplier and place of the supply are in
- Two different States or
- Two different Union Territory
- A State and a Union Territory
Shall be treated as Inter State Supply.
In case of import ; they will be treated as inter state till they cross the customs frontiers
of India

Source: Ahuja & Gupta , GST , Maximax Publication House , P. 50


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Under Inter State supply ;
IGST will be charged @CGST rate + SGST rate

CGST Rate

IGST
Rate
SGST/UGST
Rate

Continued ; 9
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In respect of supply of goods as per
Notification Issued

In respect of supply of services as per


Notification Issued

If supplies are made to a registered person


by unregistered person

Tax payable on Reverse charge


Basis Source: Ahuja & Gupta , GST , Maximax Publication House , P. 43,44,48
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In respect of supply of goods as per Notification
Issued

Goods Supplier Recepient

‘cashnew Nuts Agriculturist Any registered person


Tobacco Leaves Agriculturist Any registered person

Silk Yarn Who manufactures silk Any registered person

Used vehicles , seized , Central Govt , state gov , local Any registered person
confiscated ,etc authority

Source: Ahuja & Gupta , GST , Maximax Publication House , P. 44


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Services by a goods transport company

Services provided by a senior advocate

Services by way of sponsorship

Services provided by government to business with certain conditions

Services by an insurance agent to any person carrying on insurance


business , etc

In respect of supply of services as per Notification


Issued

Source: Ahuja & Gupta , GST , Maximax Publication House , P. 44-46


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If supplies are made to a registered person by unregistered
person

The government may notify a class of registered person who shall in respect of
specified categories of goods or services or both received from an unregistered
person to pay tax on reverse charge mechanism.

Source: Ahuja & Gupta , GST , Maximax Publication House , P. 48


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How tax is charged under GST
Applicability of GST under Inter & Intra State Supply
Concept of Reverse Charge under GST

Key Takeaways 14
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Textbook : GST Goods & Services Tax , Maximax Publications , Dr. Girish
Ahuja and Dr. Ravi Gupta

References 15
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Thank YOU

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