Taxation - GSTSubjectiveQuestion 6091 of 512
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Question 8 (a) As per Section 7 of the CGST Act, 2017 for the purposes of Goods and Services Tax, the expression "supply" includes all forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, lease or 4 It has been logically assumed that date of payment is same as date of reversal i.e 30.09.2024. disposal made or agreed to be made for a consideration by a person in the course or furtherance of business. Discuss as per the provisions of the CGST Act, 2017 (or rules thereunder), when an activity can be treated as supply even if there is no consideration, or even if it is not in the course or furtherance of business. (5 Marks) (b) (i) Explain the provisions relating to the validity period of the registration certificate issued to Casual Taxable Person and Non-Resident Taxable Person. (2 Marks) (ii) List the deficiencies in the erstwhile value-added taxation which led to evolution of Goods and Services Tax. (3 Marks) OR (b) Section 31 of the CGST Act, 2017 requires that a tax invoice shall be issued before or at the time of delivery/ removal of goods. Specify the situations where a tax invoice can be issued after delivery of goods. Discuss the provisions related to issue of tax invoice and delivery challan in case of transportation of goods in a semi knocked down or completely knocked down condition or in batches or lots. (5 Marks)

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Detailed Solution & Explanation

(a) An activity can be treated as supply, even if there is no consideration in the following cases: (1) Permanent transfer or disposal of business assets where ITC has been availed on such assets. (2) Supply of goods and/or services between related/distinct persons, when made in the course/furtherance of business. (However, gifts not exceeding ₹ 50,000 in value in a financial year by an employer to an employee shall not be treated as supply). (3) Supply of goods — (a) by a principal to his agent where the agent undertakes to supply such goods on behalf of the principal; or (b) by an agent to his principal where the agent undertakes to receive such goods on behalf of the principal. TAXATION (4) Import of services by a person from a related person or from any of his other establishments outside India, in the course/furtherance of business In case where the services are imported for a consideration, whether or not in the course or furtherance of business, such activity is treated as supply. (b) (i) Registration Certificate granted to Non-Resident Taxable Person and Casual Taxable Person will be valid for: (i) Period specified in the registration application, or (ii) 90 days from the effective date of registration** whichever is earlier. **The 90 days period can be extended by a further period not exceeding 90 days on sufficient cause being shown by the said taxable person. (ii) List of deficiencies in the erstwhile value-added taxation which led to evolution of GST: a. Certain transactions were being double taxed as both goods and services due to unclear distinction between goods and services. b. There was cascading of taxes because CENVAT excluded value addition in distribution stage and in the State-level VAT, CENVAT load on the goods was not removed. c. Credit of CENVAT and State-Level VAT could not be set-off against each other. d. For a single transaction, multiple taxes in multiple forms were required to be paid. Several State taxes like Luxury Tax, Entertainment Tax, etc. were not subsumed in the VAT. e. State-level VAT and service tax were not integrated, thereby causing tax cascading. f. CST, being non-VATable, caused tax cascading. Being origin- based, it violated the consumption tax principles. (b) Alternative Situations where a tax invoice can be issued after delivery of goods are as follows: (1) Supply of liquid gas where the quantity at the time of removal from the place of business of the supplier is not known (2) Transportation of goods for reasons other than by way of supply (3) Such other supplies as may be notified by the Board Where the goods are being transported in a semi knocked down or completely knocked down condition or in batches or lots: (a) Supplier shall issue the complete invoice before dispatch of the first consignment (b) Supplier shall issue a delivery challan for each of the subsequent consignments, giving reference of the invoice. (c) Copies of the corresponding delivery challan shall accompany each consignment along with a duly certified copy of the invoice. (d) Original copy of the invoice shall be sent along with the last consignment.

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