The Central Goods and Services Tax ACT, 2017

The Central Goods and Services Tax ACT, 2017 is an Act to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the Central Government and for matters connected therewith or incidental thereto.

For the sake of references and also the legal knowledge, the provisions of the CGST Act, 2017 are reproduced below:—

CHAPTER I - PRELIMINARY

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  1. This Act may be called the Central Goods and Services Tax Act, 2017.
  2. It extends to the whole of India except the State of Jammu and Kashmir.
  3. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: read more

CHAPTER II - ADMINISTRATION

3 - The Government shall, by notification, appoint the following classes of officers for the purposes of this Act, namely:–. read more

CHAPTER III - LEVY AND COLLECTION OF TAX

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  1. For the purposes of this Act, the expression “supply” includes––
    1. all forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business;
    2. import of services for a consideration whether or not in the course or furtherance of business;
    3. the activities specified in Schedule I, made or agreed to be made without a consideration; and
    4. the activities to be treated as supply of goods or supply of services as referred to in Schedule II. read more

CHAPTER IV - TIME AND VALUE OF SUPPLY

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  1. The liability to pay tax on goods shall arise at the time of supply, as determined in accordance with the provisions of this section.
  2. The time of supply of goods shall be the earlier of the following dates, namely:—
    1. the date of issue of invoice by the supplier or the last date on which he is required, under sub-section (1) of section 31, to issue the invoice with respect to the supply; or
    2. the date on which the supplier receives the payment with respect to the supply: Provided that where the supplier of taxable goods receives an amount up to one thousand rupees in excess of the amount indicated in the tax invoice, the time of supply to the extent of such excess amount shall, at the option of the said supplier, be the date of issue of invoice in respect of such excess amount.read more

CHAPTER V - INPUT TAX CREDIT

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  1. Every registered person shall, subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person. read more

CHAPTER VI - REGISTRATION

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  1. Every supplier shall be liable to be registered under this Act in the State or Union territory, other than special category States, from where he makes a taxable supply of goods or services or both, if his aggregate turnover in a financial year exceeds twenty lakh rupees: read more

CHAPTER VII - TAX INVOICE, CREDIT AND DEBIT NOTES

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  1. A registered person supplying taxable goods shall, before or at the time of,—
    1. removal of goods for supply to the recipient, where the supply involves movement of goods; or
    2. delivery of goods or making available thereof to the recipient, in any other case, issue a tax invoice showing the description, quantity and value of goods, the tax charged thereon and such other particulars as may be prescribed: read more

CHAPTER VIII - ACCOUNTS AND RECORDS

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  1. Every registered person shall keep and maintain, at his principal place of business, as mentioned in the certificate of registration, a true and correct account of—
    1. production or manufacture of goods;
    2. inward and outward supply of goods or services or both; read more

CHAPTER IX - RETURNS

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  1. Every registered person, other than an Input Service Distributor, a non-resident taxable person and a person paying tax under the provisions of section 10 or section 51 or section 52, shall furnish, electronically, in such form and manner as may be prescribed, the details of outward supplies of goods or services or both effected during a tax period on or before the tenth day of the month succeeding the said tax period and such details shall be communicated to the recipient of the said supplies within such time and in such manner as may be prescribed: read more

CHAPTER X - PAYMENT OF TAX

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  1. Every deposit made towards tax, interest, penalty, fee or any other amount by a person by internet banking or by using credit or debit cards or National Electronic Fund Transfer or Real Time Gross Settlement or by such other mode and subject to such conditions and restrictions as may be prescribed, shall be credited to the electronic cash ledger of such person to be maintained in such manner as may be prescribed. read more

CHAPTER XI - REFUNDS

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  1. Any person claiming refund of any tax and interest, if any, paid on such tax or any other amount paid by him, may make an application before the expiry of two years from the relevant date in such form and manner as may be prescribed: read more

CHAPTER XII - ASSESSMENT

59 - Every registered person shall self-assess the taxes payable under this Act and furnish a return for each tax period as specified under section 39. read more

CHAPTER XIII - AUDIT

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  1. The Commissioner or any officer authorised by him, by way of a general or a specific order, may undertake audit of any registered person for such period, at such frequency and in such manner as may be prescribed. read more

CHAPTER XIV - INSPECTION, SEARCH, SEIZURE AND ARREST

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  1. Where the proper officer, not below the rank of Joint Commissioner, has reasons to believe that–– read more

CHAPTER XV - DEMANDS AND RECOVERY

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  1. Where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised for any reason, other than the reason of fraud or any wilful-misstatement or suppression of facts to evade tax, he shall serve notice on the person chargeable with tax which has not been so paid or which has been... read more

CHAPTER XVI - LIABILITY TO PAY IN CERTAIN CASES

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  1. Where a taxable person, liable to pay tax under this Act, transfers his business in whole or in part, by sale, gift, lease, leave and license, hire or in any other manner whatsoever, the taxable person and the person to whom the business is so transferred shall, jointly and severally, be liable wholly or to the extent of such transfer, to pay the tax, interest or any penalty due from the taxable person upto the time of such transfer, whether such tax, interest or penalty has been determined before such transfer... read more

CHAPTER XVII - ADVANCE RULING

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    In this Chapter, unless the context otherwise requires,––
  1. “advance ruling” means a decision provided by the Authority or the Appellate Authority to an applicant on matters or on questions specified in sub-section (2) of section 97 or sub-section (1) of section 100, in relation to the upply of goods or services or both being undertaken or proposed to be undertaken by the applicant;... read more

CHAPTER XVIII - APPEALS AND REVISION

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  1. Any person aggrieved by any decision or order passed under this Act or the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act by an adjudicating authority may appeal to such Appellate Authority as may be prescribed within three months from the date on which the said decision or order is communicated to such person.... read more

CHAPTER XIX - OFFENCES AND PENALTIES

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  1. Where a taxable person who––
    1. supplies any goods or services or both without issue of any invoice or issues an incorrect or false invoice with regard to any such supply;
    2. issues any invoice or bill without supply of goods or services or both in violation of the provisions of this Act or the rules made thereunder;.... read more

CHAPTER XX - TRANSITIONAL PROVISIONS

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  1. On and from the appointed day, every person registered under any of the existing laws and having a valid Permanent Account Number shall be issued a certificate of registration on provisional basis, subject to such conditions and in such form and manner as may be prescribed, which unless replaced by a final certificate of registration under sub-section (2), shall be liable to be cancelled if the conditions so prescribed are not complied with. read more

CHAPTER XXI - MISCELLANEOUS

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  1. A registered person (hereafter in this section referred to as the “principal”) may under intimation and subject to such conditions as may be prescribed, send any inputs or capital goods, without payment of tax, to a job worker for job work and from there subsequently send to another job worker and likewise, and shall,–– read more

SCHEDULES

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  1. ACTIVITIES TO BE TREATED AS SUPPLY EVEN IF MADE WITHOUT CONSIDERATION –– read more