GST Ready Reckoner

Division 1

Referencer

Division 2

Practice and Procedure

Chapter 1      Introduction and Overview of GST                                                 

1.0   Introduction

1.1   Features of GST

1.2   Integrated Goods and Services Tax

1.2.1    Introduction

1.2.2    Definition

1.2.3    Adoption of “Dual GST” Model

1.2.4    Scope of IGST

1.2.5    Advantages of IGST model

1.2.6    Application of the provisions of CGST Act, 2017 – Section 20 of the IGST Act

1.2.7    Treatment of exports under IGST

1.3   Administration of GST

1.3.1    Appointment of officers by the Government – Section 3 of the CGST Act, 2017

1.3.2    Appointment of officers by the Board – Section 4 of the CGST Act, 2017

1.3.3    Powers of officers – Section 5 - Enforceable with effect from 22.06.2017- N. No. 01/2017-CT (22.06.2017)

1.3.4    Officers appointed under State/UT authorised to be ‘proper officer’ under CGST Act in certain circumstances - Section 6 - Enforceable with effect from 01.07.2017- N. No. 09/2017-CT(28.06.2017)

1.4   GST Portal Updates

Chapter 2      Concept of supply including Intra-State & Inter-State Supply  

2.0     Introduction                                                                                                                                                          

2.1     Meaning and scope of supply – Section 7 of the CGST Act, 2017 – Enforceable with effect from 01.07.2017- N. No. 09/2017-CT (28.06.2017)                                                                                                                                                         

2.1.1   Inclusions in the term ‘supply’ – Section 7(1)(a)                                                                                      

2.1.2   Future supply shall also be covered                                                                                                           

2.1.3   Supply must be made for a ‘consideration’                                                                                               

2.1.4   Supply must be made by a person                                                                                                             

2.1.5   Supply need not be made by one person to another                                                                                   

2.1.6   Insertion of Section 7(1)(aa) with retrospective effect from 01.07.2017 — Section 108 Finance Act, 2021 – N. No. 39/2021-CT, dated 21.12.2021                                                                                                                                                

2.1.7   Supply must be made in the course or furtherance of business — Section 7(1)(b)                                   

2.1.8   Supply includes import of services, for a consideration, whether or not in the course or furtherance of business – Section 7(1)(b)

2.1.9   Activities specified in Schedule I, made or agreed to be made without a consideration - Section 7(1)(c)  

2.1.9.1     Permanent transfer or disposal of business assets where input tax credit has been availed on such assets - Paragraph 1 of Schedule I of the CGST Act, 2017                                                                                            

2.1.9.2     Supply of goods or services or both even if made without consideration between related persons or between distinct persons as specified in Section 25, when made in the course or furtherance of business - Paragraph 2 of Schedule I of the CGST Act, 2017                                                                                                                                          

2.1.9.3     Supply of goods by a principal to his agent or vice versa - Paragraph 3 of Schedule I             

2.1.9.4     Import of services by a person, from a related person or from any of his other establishments outside India, in the course or furtherance of business – Paragraph 4 of Schedule I                                                                 

2.1.10 Activities to be treated as supply of goods or services – Section 7(1A) [notified with retrospective effect from 01.07.2017]          

2.1.10.1     Any transfer of the title in goods is a supply of goods – Paragraph 1(a) of Schedule II          

2.1.10.2     Any transfer of right in goods or of undivided share in goods without the transfer of title thereof, is a supply of services - Paragraph 1(b) of Schedule II                                                                                                  

2.1 10.3     Any transfer of title in goods under an agreement which stipulates that property in goods will pass at a future date upon payment of full consideration as agreed, is a supply of goods - Paragraph 1(c) of Schedule II       

2.1.10.4     Any lease, tenancy, easement, license to occupy land is a supply of services – Paragraph 2(a) of Schedule II               

2.1.10.5     Any lease or letting out of the building for business or commerce is a supply of services – Paragraph 2(b) of Schedule-II                                                                                                                                                 

2.1.10.6     Any treatment or process which is applied to another person’s goods is a supply of services – Paragraph 3 of Schedule II                                                                                                                                                 

2.1.10.7     Transfer or disposal of goods forming part of business assets is a supply of goods - Paragraph 4(a) of Schedule II     

2.1.10.8     Goods held or used for business purposes are put to any private use or are used or made available to any person for use, the usage or making available of such goods to any person is a supply of services - Paragraph 4(b) of Schedule II            

2.1.10.9     When any person ceases to be a taxable person, any goods forming part of the assets of any business carried on by him is deemed to be supplied by him - Paragraph 4(c) of Schedule II                                                

2.1.10.10   Renting of immovable property is treated as supply of services - Para 5(a) of Schedule II     

2.1.10.11   Construction of a complex, building or civil structure or part thereof is treated as supply of services - Paragraph 5(b) of Schedule-II                                                                                                                              

2.1.10.12   Temporary transfer or permitting the use or enjoyment of any intellectual property right is treated as supply of services – Paragraph 5(c) of Schedule II                                                                                                  

2.1.10.13   Development, Design etc. of IT software is treated as supply of services –Paragraph 5(d) of Schedule II     

2.1.10.14   Agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act shall be treated as supply of services – Paragraph 5(e) of Schedule II                                                                             

2.1.10.15   Transfer of the right to use any goods for any purpose for cash, deferred payment or other valuable consideration shall be treated as supply of services – Paragraph 5(f) of Schedule II                                                  

2.1.10.16   Works contract in relation to any immovable property is treated as a supply of services – Paragraph 6(a) of Schedule II                                                                                                                                                 

2.1.10.17   Composite supply of goods being food or any other article of human consumption or any drink for cash, deferred payment or other valuable consideration is treated as a supply of services – Paragraph 6(b) of Schedule II  

2.1.10.18   Supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration is treated as supply of goods – Paragraph 7 of Schedule II — Omitted retrospectively with effect from 01.07.2017 vide Section 122 of the Finance Act, 2021                                         

2.1.11 Activities or transactions which shall not be treated as a “supply”