|
|
|
THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 |
|
Section |
Section
Heading |
|
CHAPTER – I
- PRELIMINARY |
|
1 |
Short title, extent and commencement
|
|
2 |
Definitions
|
|
CHAPTER
– II
- ADMINISTRATION |
|
3 |
Officers under this Act |
|
4 |
Appointment of officers |
|
5 |
Powers of officers under GST |
|
6 |
Authorisation of officers of State tax or Union territory tax as proper officer in certain circumstances |
|
CHAPTER – III
- LEVY AND COLLECTION OF TAX |
|
7 |
Scope of supply |
|
8 |
Tax liability on composite and mixed supplies |
|
9 |
Levy and collection |
|
10 |
Composition levy |
|
11 |
Power to grant Exemption |
|
CHAPTER - IV - TIME AND VALUE OF SUPPLY |
|
12 |
Time of supply of goods
|
|
13 |
Time of supply of services
|
|
14 |
Change in rate of tax in respect of supply of goods or services |
|
15 |
Value of taxable supply
|
|
CHAPTER– V
- INPUT TAX CREDIT |
|
16 |
Eligibility and conditions for taking input tax credit |
|
17 |
Apportionment of credit and blocked credits |
|
18 |
Availability of credit in special circumstances |
|
19 |
Taking input tax credit in respect of inputs and capital goods sent for job work |
|
20 |
Manner of distribution of credit by Input Service Distributor |
|
21 |
Manner of recovery of credit distributed in excess |
|
CHAPTER– VI
- REGISTRATION |
|
22 |
Persons liable for registration |
|
23 |
Persons not liable for registration |
|
24 |
Compulsory registration in certain cases |
|
25 |
Procedure for registration |
|
26 |
Deemed registration |
|
27 |
Special provisions relating to casual taxable person and non-resident taxable
person |
|
28 |
Amendment of registration |
|
29 |
Cancellation or suspension of registration |
|
30 |
Revocation of cancellation of registration |
|
CHAPTER – VII
- TAX INVOICE, CREDIT AND DEBIT NOTES |
|
31 |
Tax invoice |
|
31A |
Facility of
Digital Payment to Recipient |
|
32 |
Prohibition of unauthorized collection of tax |
|
33 |
Amount of tax to be indicated in tax invoice and other documents |
|
34 |
Credit and debit notes |
|
CHAPTER – VIII
- ACCOUNTS AND RECORDS |
|
35 |
Accounts and other records |
|
36 |
Period of retention of accounts |
|
CHAPTER– IX
-
RETURNS |
|
37 |
Furnishing details of outward supplies |
|
38 |
Furnishing details of inward supplies |
|
39 |
Furnishing of returns |
|
40 |
First return |
|
41 |
Availment of input tax credit |
|
42 |
Matching, reversal and reclaim of input tax credit |
|
43 |
Matching, reversal and reclaim of reduction in output tax liability |
|
43A |
Procedure for furnishing return and availing input tax credit |
|
44 |
Annual return |
|
45 |
Final return |
|
46 |
Notice to return defaulters |
|
47 |
Levy of late fee |
|
48 |
Goods and services tax practitioners |
|
CHAPTER – X
- PAYMENT OF TAX |
|
49 |
Payment of tax, interest, penalty and other amounts |
|
49A |
Utilisation of input tax credit subject to certain conditions |
|
49B |
Order of utilisation of input tax credit |
|
50 |
Interest on delayed payment of tax |
|
51 |
Tax deduction at source |
|
52 |
Collection of tax at source |
|
53 |
Transfer of input tax credit |
|
53A |
Transfer of certain amounts |
|
CHAPTER – XI
- REFUNDS |
|
54 |
Refund of tax |
|
55 |
Refund in certain cases |
|
56 |
Interest on delayed refunds |
|
57 |
Consumer Welfare Fund |
|
58 |
Utilisation of Fund |
|
CHAPTER– XII
- ASSESSMENT |
|
59 |
Self-assessment |
|
60 |
Provisional assessment |
|
61 |
Scrutiny of returns |
|
62 |
Assessment of non-filers of returns |
|
63 |
Assessment of unregistered persons |
|
64 |
Summary assessment in certain special cases |
|
CHAPTER– XIII
- AUDIT |
|
65 |
Audit by tax authorities |
|
66 |
Special audit |
|
CHAPTER– XIV
- INSPECTION, SEARCH, SEIZURE AND ARREST |
|
67 |
Power of inspection, search and seizure |
|
68 |
Inspection of goods in movement |
|
69 |
Power to arrest |
|
70 |
Power to summon persons to give evidence and produce documents |
|
71 |
Access to business premises |
|
72 |
Officers to assist proper officers |
|
CHAPTER– XV
- DEMANDS AND RECOVERY |
|
73 |
Determination of Tax,pertaining to the period up to Financial Year 2023-24,not Paid or Short Paid or Erroneously Refunded or Input Tax Credit Wrongly Availed or Utilized for Any Reason Other than Fraud or any Wilful Misstatement or Suppression of Facts |
|
74 |
Determination of Tax,pertaining to the period up to Financial Year 2023-24, not Paid or Short Paid or Erroneously Refunded or Input Tax Credit Wrongly Availed or Utilized by Reason of Fraud or any Wilful Misstatement or Suppression of Facts |
|
74A |
Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason pertaining to Financial Year 2024-25 onward |
|
75 |
General provisions relating to determination of tax |
|
76 |
Tax collected but not paid to Government |
|
77 |
Tax wrongfully collected and paid to Central Government or State Government |
|
78 |
Initiation of recovery proceedings |
|
79 |
Recovery of tax |
|
80 |
Payment of tax and other amount in instalments |
|
81 |
Transfer of property to be void in certain cases |
|
82 |
Tax to be first charge on property |
|
83 |
Provisional attachment to protect revenue in certain cases |
|
84 |
Continuation and validation of certain recovery proceedings |
|
CHAPTER– XVI -
LIABILITY TO PAY IN CERTAIN CASES |
|
85 |
Liability in case of transfer of business |
|
86 |
Liability of agent and principal |
|
87 |
Liability in case of amalgamation or merger of companies |
|
88 |
Liability in case of company in liquidation |
|
89 |
Liability of directors of private company |
|
90 |
Liability of partners of firm to pay tax |
|
91 |
Liability of guardians, trustees, etc |
|
92 |
Liability of Court of Wards, etc |
|
93 |
Special provisions regarding liability to pay tax, interest or penalty in certain
cases |
|
94 |
Liability in other cases |
|
CHAPTER– XVII
- ADVANCE RULING |
|
95 |
Definitions of Advance Ruling |
|
96 |
Authority for advance Ruling |
|
97 |
Application for advance ruling |
|
98 |
Procedure on receipt of application |
|
99 |
Appellate Authority for Advance Ruling |
|
100 |
Appeal to Appellate Authority |
|
101 |
Orders of Appellate Authority |
|
101A |
Constitution of National Appellate Authority for Advance Ruling |
|
101B |
Appeal to National Appellate Authority |
|
101C |
Order of National Appellate Authority |
|
102 |
Rectification of advance ruling |
|
103 |
Applicability of advance ruling |
|
104 |
Advance ruling to be void in certain circumstances |
|
105 |
Powers of Authority and Appellate Authority |
|
106 |
Procedure of Authority and Appellate Authority |
|
CHAPTER– XVIII
- APPEALS AND REVISION |
|
107 |
Appeals to Appellate Authority |
|
108 |
Powers of Revisional Authority |
|
109 |
Constitution of Appellate Tribunal and Benches thereof |
|
110 |
President and Members of Appellate Tribunal, their qualification, appointment,
conditions of service, etc |
|
111 |
Procedure before Appellate Tribunal |
|
112 |
Appeals to Appellate Tribunal |
|
113 |
Orders of Appellate Tribunal |
|
114 |
Financial and administrative powers of President |
|
115 |
Interest on refund of amount paid for admission of appeal |
|
116 |
Appearance by authorized representative |
|
117 |
Appeal to High Court |
|
118 |
Appeal to Supreme Court |
|
119 |
Sums due to be paid notwithstanding appeal, etc |
|
120 |
Appeal not to be filed in certain cases |
|
121 |
Non appealable decisions and orders |
|
CHAPTER– XIX
- OFFENCES AND PENALTIES |
|
122 |
Penalty for certain offences |
|
122A |
Penalty for failure to register certain machines used in manufacture of goods as per special procedure |
|
123 |
Penalty for failure to furnish information return |
|
124 |
Fine for failure to furnish statistics |
|
125 |
General penalty |
|
126 |
General disciplines related to penalty |
|
127 |
Power to impose penalty in certain cases |
|
128 |
Power to waive penalty or fee or both |
|
128A |
Waiver of interest or penalty or both relating to demands raised under section 73, for certain tax periods |
|
129 |
Detention, seizure and release of goods and conveyances in transit |
|
130 |
Confiscation of goods or conveyances and levy of penalty |
|
131 |
Confiscation or penalty not to interfere with other punishments |
|
132 |
Punishment for certain offences |
|
133 |
Liability of officers and certain other persons |
|
134 |
Cognizance of offences |
|
135 |
Presumption of culpable mental state |
|
136 |
Relevancy of statements under certain circumstances |
|
137 |
Offences by companies |
|
138 |
Compounding of offences |
|
CHAPTER– XX - TRANSITIONAL PROVISIONS |
|
139 |
Migration of existing taxpayers |
|
140 |
Transitional arrangements for input tax credit |
|
141 |
Transitional provisions relating to job work |
|
142 |
Miscellaneous transitional provisions |
|
CHAPTER–XXI
- MISCELLANEOUS |
|
143 |
Job work procedure |
|
144 |
Presumption as to documents in certain cases |
|
145 |
Admissibility of micro films, facsimile copies of documents and computer printouts
as documents and as evidence |
|
146 |
Common Portal |
|
147 |
Deemed exports |
|
148 |
Special procedure for certain processes |
|
149 |
Goods and services tax compliance rating |
|
150 |
Obligation to furnish information return |
|
151 |
Power to call for information |
|
152 |
Bar on disclosure of information |
|
153 |
Taking assistance from an expert |
|
154 |
Power to take samples |
|
155 |
Burden of proof |
|
156 |
Persons deemed to be public servants |
|
157 |
Protection of action taken under this Act |
|
158 |
Disclosure of information by a public servant |
|
158A |
Consent based sharing of information furnished by taxable person |
|
159 |
Publication of information in respect of persons in certain cases |
|
160 |
Assessment proceedings, etc., not to be invalid on certain grounds |
|
161 |
Rectification of errors apparent on the face of record |
|
162 |
Bar on jurisdiction of civil courts |
|
163 |
Levy of fee |
|
164 |
Power of Government to make rules |
|
165 |
Power to make regulations |
|
166 |
Laying of rules, regulations and notifications |
|
167 |
Delegation of powers |
|
168 |
Power to issue instructions or directions |
|
168A |
Power of Government to extend time limit in special circumstances |
|
169 |
Service of notice in certain circumstances |
|
170 |
Rounding off of tax, etc |
|
171 |
Anti-profiteering measure |
|
172 |
Removal of difficulties |
|
173 |
Amendment of Act 32 of 1994 |
|
174 |
Repeal and saving |
|
SCHEDULES
|
|
I |
Activities
to be Treated as Supply even if made
Without Consideration |
|
II |
Activities or Transactions to be Treated as Supply of Goods or Supply of Services |
|
III |
Activities or Transactions which shall be Treated
neither as a Supply of Goods nor a Supply of Services |