CHAPTER 1- GST IN INDIA – AN INTRODUCTION Genesis of GST in India Concept of GST Need for GST in India Framework of GST as introduced in India Benefits of GST Constitutional provisions CHAPTER 2- SUPPLY UNDER GST Introduction Relevant definitions Concept of supply [Section 7 of CGST Act] Composite and mixed supplies [Section 8] CHAPTER 3 CHARGE OF GST Introduction Relevant definitions Extent & Commencement of CGST Act/ SGST Act/ UTGST Act Inter-State supply [Section 7 of the IGST Act] Intra-State supply [Section 8 of the IGST Act] Supplies in territorial waters [Section 9 of the IGST Act Levy & collection of CGST [Section 9 of the CGST Act] Composition levy [Section 10 of the CGST Act] Extent and commencement of IGST [Section 1 of IGST Act] Levy & /Collection of IGST [Section 5 of the IGST ACT] Import of goods/services [Section 2(10) and 2(11) of the IGST Act] Export of goods/services [Section 2(5) and 2(6) of the IGST Act CHAPTER 4- EXEMPTION OF GST Introduction Relevant definitions Power to grant exemption from tax [Section 11 of the CGST Act/section 6 of IGST ACT] Goods exempt from tax List of services exempt from tax Zero rated supply [Section 16 of the IGST ACT] CHAPTER 5- PLACE OF SUPPLY Introduction Relevant definitions Place of supply of goods other than supply of goods Imported into, or exported from India [section 10] Place of supply of goods imported into, or exported from India [section 11] Place of supply of services where location of supplier of service and the location of the recipient of ervice is in India [section 12] Place of supply of services where location of supplier or location of recipient is outside India [section 13] CHAPTER 6- TIME OF SUPPLY Introduction Relevant definitions Time of supply of goods [Section 12] Time of supply of services [Section 13] Change in rate of tax in respect of supply of goods or services [Section 14] CHAPTER 7 VALUE OF SUPPLY Introduction Relevant definitions Value of supply [Section 15] Rules for valuation of supply of goods and/or services CHAPTER 8 – INPUT TAX CREDIT Introduction Relevant definitions Eligibility and conditions for taking input tax credit [Section16] Apportionment of credit & blocked credits [Section 17] Credit in special circumstances [Section 18] Taking input tax credit in respect of inputs and capital goods sent for job work [Section 19] Distribution of credit by Input Service Distributor [Sections 20 & 21] How ITC is availed & utilised CHAPTER 9 – REGISTRATION Introduction Relevant definitions Persons liable for registration [Section 22] Compulsory registration in certain cases [Section 24] Persons not liable for registration [Section 23] Procedure for registration [Sections 25, 26 & 27] Amendment of registration [Section 28] CHAPTER 10 STRATEGIC ANALYSIS OF OPERATION INCOME Introduction Relevant definitions Tax invoice [Section 31] Credit and Debit notes [Section 34] Prohibition of unauthorized collection of tax [Section 31] Amount of tax to be indicated in tax invoice and other documents [Section 33] CHAPTER 11- ACCOUNT AND RECORDS Introduction Relevant definitions Accounts and other records [Section 35] Period of retention of accounts [Section 36] Electronic way bill [Section 68 read with rules 138, 138A, 138B, 138C and138D] CHAPTER 12-PAYMENT OF TAX Introduction Relevant definitions Payment of tax, interest penalty and other amounts [Section 49] Interest on delayed payment of tax [Section 50] Tax wrongfully collected and paid to Central Government or State Government [Section 19 of IGST Act] Tax deduction at source [Section 51 of CGST Act] Collection of tax at source [Section 52 of CGST Act] CHAPTER 13: RETURNS Introduction Relevant definitions Furnishing details of outward supplies [Section 37] Furnishing details of inward supplies [Section 38] .Furnishing of returns [Section 39] Special returns First return [Section 40] Claim of input tax credit and provisional acceptance thereof [Section 41] Matching reversal and reclaim of input tax credit [Section 42] Matching and reversal of credit of the amount collected and reflected in TCS Statement [Section 52(7) to 52(11)] Matching reversal and reclaim of reduction in output tax liability [Section 43] Annual return [Section 44] Final return [Section 45] Default in furnishing return [Sections 46 & 47] Goods and Services Tax Practitioners [Section 48] Information return [Sections 150 & 123] CHAPTER 14 -REFUNDS Introduction Relevant definitions Refund of tax [Section 54 of the CGST Act] Refund to UN bodies, embassies, etc [Section 55 read with section 54(2) of CGST Act] Interest on delayed refunds [Section 56 of CGST Act] Consumer Welfare Fund [Sections 57 & 58 of CGST Act] Refund of integrated tax paid on supply of goods to tourist leaving India [Section 15 of IGST Act] CHAPTER 15 –JOB WORK Introduction Relevant definitions Job work procedure [Section 143] Taking input tax credit in respect of inputs and capital goods sent for job work [Section 19] Transitional provisions relating to job work [Section 141] Registration and job work CHAPTER 16- ELECTRONIC COMMERCE Introduction Relevant definitions Levy of GST on e-commerce transactions [Section 9(5) of CGST Act & Section 5(5) of IGST Act] Collection of tax at source (TCS) [Section 52] Other compliances and provisions CHAPTER 17- ASSESSMENT AND AUDIT Introduction Relevant definitions Self-assessment [Section 59] Provisional assessment [Section 60] Scrutiny of returns [Section 61] Assessment of non-filers of returns [Section 62] Assessment of unregistered persons [Section 63] Summary assessment in certain special cases [Section 64] Audit by tax authorities [Section 65] Special audit [Section 66] CHAPTER 18- INSPECTION, SEARCH, SEIZURE AND ARREST Introduction Power of inspection, search and seizure [Section 67] Inspection of goods in movement [Section 68] Power to arrest [Section 69] Power to summon persons to give evidence and produce documents [Section 70] Access to business premises [Section 71] Officers to assist proper officers [Section 72] CHAPTER 19- DEMANDS AND RECOVERY Introduction Relevant definitions Determination of tax not paid/short paid/ erroneously refunded/ITC wrongly availed/utilised [Section 73 & Section 74] General provisions relating to determination of tax [Section 75] Tax collected but not deposited [Section 76] Tax wrongfully collected and paid to Central Government or State Government [Section 77] Recovery proceedings [Sections 78 & 79] Payment of tax and other amount in instalments [Section 80] Transfer of property to be void in certain cases [Section 81] Tax to be first charge on property [Section 82] Provisional attachment to protect revenue in certain cases [Section 83] Continuation and validation of certain recovery proceedings [Section 84] CHAPTER 20- LIABILITY TO PAY IN CERTAIN CASES Introduction Relevant definitions Liability to pay in case of transfer of business [Section 85] Liability of agent and principal [Section 86] Liability to pay in case of an amalgamation/merger [Section 87] Liability in case of company in liquidation [Section 88] Liability of directors of private company [Section 89] Liability of partners of firm to pay tax [Section 90] Liability of guardians, trustees etc [Section 91] Liability of Court of Wards etc [Section 92] Special provisions regarding liability to pay tax, interest or penalty in certain cases [Section 93] Liability in other cases [Section 94] CHAPTER 21- OFFENCES AND PENALTIES Introduction Relevant definitions Penalty for certain offences [Section 122] Penalty for failure to furnish information return [Section 123] Fine for failure to furnish statistics [Section 124] General penalty [Section 125] General disciplines related to penalty [Section 126] Power to impose penalty in certain cases [Section 127] Power to waive penalty or fee or both [Section 128] Detention, seizure and release of goods and conveyances in transit [Section 129] Confiscation of goods or conveyances and levy of penalty [Section 130] Confiscation or penalty not to interfere with other punishments [Section 31] Punishments for certain offences [Section 132] Liability of officers and certain other persons [Section 133] Cognizance of offences [Section 134] Presumption of culpable metal state [Section 135] Relevancy of statements under certain circumstances [Section 136] Offences by companies [Section 137] Compounding of offences [Section 138] CHAPTER 22- APPEALS AND REVISION Introduction Relevant definitions Appeals to Appellate Authority [Section 107] Powers of Revisional Authority [Section 108] Appellate Tribunal under GST laws [Sections 109-111] Appeal to Appellate Tribunal [Sections 112 & 113] Mandatory pre-deposit Production of additional evidence before the Appellate Authority or the Appellate Tribunal Appearance by authorised representative [Section 116] Appeal to the High Court [Section 117] Appeal to the Supreme Court [Section 118-119] Sums due to be paid notwithstanding appeal etc [Section 119] Appeal not to be filed in certain cases [Section 120] Non appealable decisions and orders [Section 121] CHAPTER 23- ADVANCE RULING Introduction Relevant definitions Questions for which Advance Ruling can be sought [Section 97] Authority for Advance Ruling (AAR) and Appellate Authority for Advance Ruling (AAAR) [Section 96 and 99] Procedure for obtaining Advance Ruling [Section 98] Appeals against order of AAR to the appellate authority [Section 100 and 101] Rectification of mistakes [Section 102] Applicability of Advance Ruling [Section 103] Advance ruling to be void in certain circumstances [Section 104] Powers and procedure of AAR and AAAR [Section 105 and 106] CHAPTER 24 MISELLANIOUS EXPENCES Introduction Presumption as to documents in certain cases [Section 144] Admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence [Section 145] Power to collect statistics & bar on disclosure of information [Sections 151 & 152] Disclosure of information by a public servant [Section 158] Publication of information in respect of persons in certain cases [Section 159] Taking assistance from an expert [Section 153] Assessment proceedings, etc not to be invalid on certain grounds [Section 160] Rectification of errors apparent on the face of record [Section 161] Rounding off of tax etc [Section 170] Removal of difficulties [Section 172] Power of Government to make rules & regulations [Sections 164 & 165] CHAPTER 1 – LEVY OF AND EXEMPTIONS FROM CUSTOMS DUTY Basic Concepts Constitutional provisions Overview of the Customs Law Administrative Aspects Determining factors Point and circumstances of levy Procedure, mechanism and organisation for assessment of duty Remission, abatement and exemptions Test your knowledge Answers/Hints CHAPTER 2 – TYPES OF DUTY Learning Outcomes Basic customs duty [Section 12 of the Customs Act & Section 2 of the Customs Tariff Act] Integrated Tax [Sections 3(7) of the Customs Tariff Act] Goods and Services Tax Compensation Cess [Section 3(9) of the Customs Tariff Act] Additional duty of customs under Section 3 of Customs Tariff Act] Protective duties [Sections 6 & 7 of the Customs Tariff Act] Emergency power to impose or enhance export duties [Section 8 of Customs Tariff Act] Emergency power to impose or enhance import duties [Section 8A of Customs Tariff Act] Safeguard duty [Section 8B of the Customs Tariff Act] Countervailing duty on subsidized articles [Section 9 of the Customs Tariff Act] Anti-dumping duty [Section 9A of the Customs Tariff Act] No levy under section 9 or section 9A in certain cases [Section 9B of the Customs Tariff Act] Education cess and secondary and higher education cess CHAPTER 3 – CLASSIFICATION OF IMPORTED AND EXPORT GOODS Customs Tariff General explanatory notes Rules of Interpretation of the First Schedule to Customs Tariff Act Project imports CHAPTER 4 – VALUATION UNDER THE CUSTOMS ACT, 1962 Introduction Concept of value Terms used in commercial parlance Technical terms relating to value in the course of import or export Concept of indirect tax and valuation for the same Two approaches for computing the assessable value Valuation of goods based on section 14 Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 Customs Valuation (Determination of Value of Export Goods) Rules, 2007 Date for determination of rate of duty and tariff value Special provisions for classification of sets of articles and accessories CHAPTER 5 – IMPORTATION, EXPORTATION AND TRANSPORTATION OF GOODS Introduction Importation Definitions of important terms Statutory provisions Procedure for clearance of imported goods Exportation Procedure for the clearance of export goods Procedure for postal articles Special provisions relating to stores Special procedures relating to clearance of baggage Transit and Transhipment Entry of Coastal goods [Section 92] Coastal goods not to be loaded until bill relating thereto is passed, etc[Section 93] Clearance of coastal goods at destination [Section 94] Master of a coasting vessel to carry an advice book [Section 95] Loading and unloading of coastal goods at customs port or coastal port only [Section 96] No coasting vessel to leave without written order [Section 97] Application of certain provisions of this Act to coastal goods, etc [Section 98] Vessels carrying exclusively coastal goods exempted from the provisions of Sections 92, 93, 94, 95, 97 CHAPTER 6 – WAREHOUSING Introduction Parallel Provisions for home consumption Special provisions for warehousing Important definitions Types of warehouses Cancellation of license [Section 58B] Warehousing bond [Section 59] Permission for removal of goods for deposit in warehouse [Section 60] Period for which goods may remain in a warehouse [Section 61] Owner’s right to deal with warehoused goods [Section 64] Manufacture and other operations in relation to Goods in a warehouse [Section 65 & 66] Removal of goods from the warehouse [Section 67, 68 & 69] Allowance in respect of volatile goods [Section 70] Improper removal of goods from warehouse [Section 71 & 72] Cancellation and return of the warehousing bond [Section 73] 16 Warehouse keeper to be the custodian of warehoused goods [Section 73A] CHAPTER 7 – DUTY DRAWBACK Introduction Drawback allowable on re-import of duty paid goods [Sub-section (1) and (3) of Section 74] Amount of drawback where imported goods are used before re-exportation [Section 74(2)] Re-export of Imported Goods (Drawback of Customs Duties) Rules, 1995 Drawback on imported materials used in the manufacture of export goods [Section 75] Customs and Central Excise Duties and Service Tax Drawback Rules, 1995 Interest on drawback [Section 75A] Prohibition and regulation of drawback [Section 76] CHAPTER 8- DEMAND AND RECOVERY Introduction Recovery of duties not levied or not paid or short-levied or short-paid or erroneously refunded [Section 28] Interest on delayed payment of duty [Section 28AA] Recovery of duties in certain cases [Section 28AAA] Power not to recover duties not levied or short-levied as a result of general practice [Section 28A] Duties collected from the buyer to be deposited with the Central Government [Section 28B] Provisional attachment to protect revenue in certain cases [Section 28BA] CHAPTER 9 – REFUND Introduction Application for refund of import duty or interest [Section 27] Processing of refund claim [Section 27(2)] Doctrine of unjust enrichment with respect to refund of duty Interest on delayed refund [Section 27A] Refund of export duty in certain cases [Section 26] Refund of import duty in certain cases [Section 26A] Refund claim cannot be a substitute for appeal CHAPTER 10 – PROVISIONS RELATING TO ILLEGAL IMPORT, ILLEGAL EXPORT, CONFISCATION, PENALTY & ALLIED PROVISIONS Introduction Prohibitions on illegal importation or exportation of goods [Chapter IV] Detection of illegally imported goods and prevention of the disposal thereof [Chapter IVA] Prevention of Detection of Illegal Export of Goods [Chapter IVB] Exemptions from the operations of Chapter IVA and Chapter IVB [Chapter IVC] Power to search suspected persons entering or leaving India, etc [Section 100] Power to search suspected persons in certain other cases [Section 101] Persons to be searched may require to be taken before gazetted officer of customs or magistrate [Section 102] Power to screen or X-ray bodies of suspected persons for detecting secreted goods [Section 103] Power to arrest [Section 104] Power to search premises [Section 105] Power to stop and search conveyances [Section 106] Power to inspect [Section 106A] Power to examine persons [Section 107] Power to summon persons to give evidence and produce documents [Section 108] Obligation to furnish information [Section 108A] Penalty for failure to furnish information return [Section 108B] Power to require production of order permitting clearance of goods imported by land [Section 109] Seizure of goods documents and things [Section 110] Seized goods, documents and things pending adjudication to be released provisionally [Section 110A] Confiscation of improperly imported goods, etc [Section 111] Confiscation of goods attempted to be improperly exported, etc [Section 113] Confiscation of conveyances [Section 115] Confiscation of packages and their contents [section 118] Confiscation of goods used for concealing smuggled goods [Section 119] Confiscation of smuggled goods and their Sale proceeds [Section 120-121] Penalties in respect of improper importation of goods, etc [Section 112] Penalties in respect of attempt of improper exportation of goods, etc [Section 114] Mandatory penalty for short-levy or non-levy of duty in certain cases [Section 114A] Use of false and incorrect material to be penalized [Section 114AA] Penalty for not accounting for goods [Section 116] Penalties for contravention, etc, not expressly mentioned – residual penalty [Section 117] Adjudication of confiscation and penalties [Section 122] Adjudication procedure [Section 122A] Burden of proof in certain cases [Section 123] Issue of show cause notice (SCN) before confiscation of goods Etc [Section 124] On confiscation, property to vest in Central Government [Section 126] Award of confiscation or penalty by Customs Officers not to interfere with other Punishments [Section 127] False declaration, false documents, etc [Section 132] Obstruction of officer of Customs [Section 133] Refusal to be X-Rayed [Section 34] Evasion of duty or prohibitions [Section 135] Preparation [Section 135A] Power of court to publish name, place of business, etc, of persons under convicted under the Act [Section 135B] Offences by officers of customs [Section 136] Cognizance of offences [Section 137] Offences to be tried summarily [Section 138] Presumption of culpable mental state [Section 138A] Relevancy of statements under certain circumstances [Section 138B] Admissibility of micro films, facsimile copies of documents and computer print outs as documents and as evidence [Section 138C] Presumption as to documents in certain cases [Section 139] Offences by companies [Section 140] CHAPTER 11 – APPEALS AND REVISION Appellate Stages Appeals to Commissioner (Appeals) [Section 128] Procedure in appeal [Section 128A] Appellate Tribunal [Section 129] Appeals to Appellate Tribunal [Section 129A] Orders of Appellate Tribunal [Section 129B] Procedure of Appellate Tribunal [Section 129C] Powers of Committee of Principal Chief Commissioner Revision by Central Government [Section 129DD] Deposit of certain percentage of duty demanded or penalty imposed before filing appeal [Section 129E] Interest on delayed refund of amount deposited under Section 129E [Section 129EE] Appeal to High Court [Section 130] Power of High Court or Supreme Court to require statement to be amended [Section 130B] Decision of High Court or Supreme Court on the case stated [Section 130D] Appeal to Supreme Court [Section 130E] Hearing before Supreme Court [Section 130F] Exclusion of time taken for copy [Section 131A] Non-filing of appeal in certain cases [Section 131BA] CHAPTER 12 – SETTLEMENT COMMISSION Learning Outcomes Introduction Definitions [Section 127A] .Application for settlement of cases [Section 127B] Procedure on receipt of application [Section 127C] Powers of Settlement Commission Inspection, etc, of reports [Section 127G] Order of settlement to be conclusive [Section 127J] Recovery of sums due under order of settlement [Section 127K] Bar on subsequent application for settlement in certain cases [Section 127L] Proceedings before Settlement Commission to be judicial proceedings [Section 127M] Applications of certain provisions of Central Excise Act [Section 127N] Customs (Settlement of Cases) Rules CHAPTER 13 ADVANCE RULING Definitions [Section 28E] Authority for Advance Ruling (Central Excise, Customs and Service tax) [Section 28F] Application for advance ruling [Section 28H] Procedure on receipt of application [Section 28-I] Applicability of advance ruling [Section 28J] Advance ruling to be void in certain circumstances [Section 28K] Powers of authority [Section 28L] Procedure of authority [Section 28M] CHAPTER 14 – MISCELLANEOUS PROVISIONS Conveyance and goods in a customs area subject to control of officers of customs [Section 141] Recovery of sums due to Government [Section 142] Liability under the Custom Act, 1962 to be first charge [Section 142A] Power to allow import or export on execution of bonds in certain cases [Section 143] Power to take samples [Section 144] Custom Brokers to be licensed [Section 146] Appearance by authorised representative [Section 146A] Liability of principal and agent [Section 147] Procedure for sale of goods and application of sale proceeds [Section 150] Certain officers required to assist officers of customs [Section 151] Instructions to officers of customs [Section 151A] Delegation of powers [Section 152] Service of order, decision, etc [Section 153] Rounding off of duty, etc [Section 154A] Information in respect of persons in certain cases to be published [Section 154B] 1418 General power to make rules [Section 156] General power to make regulations [Section 157] Provisions with respect to rules and regulations [Section 158] CHAPTER 15 –FOREIGN TRADE POLICY UNIT-I: INTRODUCTION TO FTP Introduction Provisions regarding imports and exports UNIT II: BASIC CONCEPTS RELATING TO EXPORT PROMOTION SCHEMES UNDER FTP Duty Exemption & Remission Schemes Reward Schemes – MEIS, SEIS and Status Holders Export Promotion Capital Goods Scheme (EPCG) EOU, EHTP, STP & BTP Schemes Deemed Exports Special Economic Zone (SEZ) Penalties