GST Inter CA - Theory Book (1) - 1-10
GST Inter CA - Theory Book (1) - 1-10
GST Inter CA - Theory Book (1) - 1-10
Let me share with a story today,a story that will help you muster courage to fight your fears and
PREFACE
In my decade long career of teaching where I had the privilege of teaching more than 50,000
students across India but the story of this one aspirant still gives me goosebumps.
So going back home from his firm he had to travel for atleast 4hours where he used to reach home
at around 11pm.
and this was his schedule every single day for the next 9 months every single day.
But he never complained, never gave excuses, always came on time and most importantly there
was always a BIGGGG SMILE on his face.
He said-My dad is a driver in a company sir and when his boss got to know that I wanted to become
a CA , he not just helped me sponsor my education but also helped me get into a good CA firm
that pays me a decent stipend
So everyday when I get up in the morning , I feel super grateful to GOD that I am actually doing
what I always wanted to do
And I have a burning desire that the day I will become a Chartered accountant and I will buy a car
where MY DAD and his BOSS will sit behind and I shall Drive the car.
I hope and pray that just like Rushikesh even you guys are equally “DRIVEN” towards your goal
and are after reading this have switched to the 5th gear where you
ACT INSPITE OF FEAR
WILLING TO DO WHATEVER IT TAKES
ARE DOING EVERYTHING AT 100%
ARE WILLING TO DO WHAT’S HARD
YOU ARE BIGGER THAN YOUR OBSTACLE
SUCCED IN SPITE OF ANYTHING
YOU WILL NEVER GIVE UP
Because YOU are a WARRIOR and YOU will fight until the
LAST FULL STOP
OF THE LAST ANSWER
OF YOUR LAST PAPER
Buss itna kehna tha, this is your TaxKaTeacher-CA KARAN SHETH signing off
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1. What is tax?
Ans. Tax is a fee charged by government on Income, Goods, Services, Activity
Income VAT CST Service
Tax Tax Manufacturing Import / Export
Excise duty Custom duty
DT vis-à-vis IDT
List - I (Union List) List - II (State list) List - III (Concurrent list)
CG SG CG + SG
1.1 INTRODUCTION
TAXKATEACHER - CA KARAN SHETH
8879-727-727
GST Rates
INTRODUCTION 1.2
TAXKATEACHER - CA KARAN SHETH
8879-727-727
Applicable to
within CGST+SGST 28 States + Delhi, JK, Puducherry
same state
Intra-state
Supply within same Chandigarh
CGST + UTGST Diu & Daman
Union Territory Lakshadweep
&
(U/T) Ladakh
Dadra nagar haveli
Andaman &
Nicobar
One U/T
1,18,000
Supply of goods
S R
(GST 18%)
1,28,000
Supply of service
S R
(GST@28%)
Chandigarh Chandigarh
Service charges = 1,00,000
CGST = 14000 = CG + CGST @14% = 14,000
UTGST =14000= CG + UTGST @14% = 14,000
1,28,000
1,12,000
Supply of goods
S R
(GST@12%)
Maharashtra Gujarat
Chandigarh Daman
Lakshadweep M.P
SP = 1,00,000
(+) IGST @12% = 12,000
= 1,12,000
IGST = 12000 = (Central Government)
Central government shall remit 6000 to that state where the goods/services are Destined
1.3 INTRODUCTION
TAXKATEACHER - CA KARAN SHETH
8879-727-727
Article 246A
Notwithstanding anything contained in Article 246
This article grants power to center & States to make laws with respect to tax on supply of
Goods & Services.
Article 269A
(1) Goods and services tax on supplies in the course of inter-State trade or commerce shall
be levied and collected by the Government of India and such tax shall be apportioned
between the Union and the States in the manner as may be provided by Parliament by
law on the recommendations of the Goods and Services Tax Council.
(2) Parliament may, by law, formulate the principles for determining the place of supply,
and when a supply of goods, or of services, or both takes place in the course of inter-
State trade or commerce.
Article 279A
GST Council Comprises of
1) Union Finance Minister - Chairperson
2) Minister of State Finance - Member
3) All State Finance Ministers
Matters on which GST Council shall make recommendations
(a) the taxes, cesses and surcharges levied by the Union, the States and the local
bodies which may be subsumed in the goods and services tax;
(b) the goods and services that may be subjected to, or exempted from the goods and
services tax;
(c) the threshold limit of turnover below which goods and services may be exempted
from goods and services tax;
(d) model Goods and Services Tax Laws, principles of levy, apportionment of Goods
and Services Tax levied on supplies in the course of inter-State trade or commerce
under article 269A and the principles that govern the place of supply;
(e) the rates including floor rates with bands of goods and services tax;
INTRODUCTION 1.4
TAXKATEACHER - CA KARAN SHETH
8879-727-727
• Opium, Indian hemp and other narcotic drugs and narcotics: GST and state excise duty
• Further, real estate sector has been kept out of ambit of GST, i.e. GST will not be levied
on sale/purchase of immovable property.
1.5 INTRODUCTION
Chapter TAXKATEACHER - CA KARAN SHETH
2 CHARGING SECTION 8879-727-727
Applicability
• India
• Includes territory of India
• Territorial waters, seabed and sub-soil underlying such waters, continental shelf,
exclusive economic zone or any other maritime zone as referred to in the Territorial
Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976.
• Airspace above its Territory of India and Territorial waters of India.
Section 9 (1)
• CGST is levied on Intra-state supply of goods or service
• Except alcohol for human consumption
• Where a rate not exceeding 20% shall be levied individually
• On the value determined u/s 15 and
such tax shall be paid by a taxable person
Section 9 (2)
The central tax on the supply of petroleum crude, high speed diesel, motor spirit (commonly
known as petrol), natural gas and aviation turbine fuel shall be levied with effect from
such date as may be notified by the Government on the recommendations of the Council.
Section 9 (4)
The Government may, on the recommendations of the Council, by notification, specify a
lass of registered persons who shall, in respect of supply of specified categories of goods or
services or both received from an unregistered supplier, pay the tax on reverse charge basis
as the recipient of such supply of goods or services or both.
Remarks
Registered Registered
1) R/s shall pay tax as per FCM.
Supplier Recipient
Registered Unregistered
2) R/s shall pay tax as per FCM.
Supplier Recipient
Unregistered Registered Since supplier is unregistered, he
3)
Supplier Recipient cannot charge GST to the recipient
Unregistered Unregistered Since supplier is unregistered, he
4)
Supplier Recipient cannot charge GST to the recipient
A. Transportation of passengers by Radio Taxis, Motorcycle, Omnibus & Any other Motor vehicle (ie.
Rickshaw Metered Taxis)
C. Restaurant Service
If Restaurant (RP or URP) Supply service through ECO ECO u/s 9(5)
If Restaurant is situated in a Hotel having declared tariff of more
Restaurant
than `7500/day & supplies such service through ECO
u/s 9(1)
ECO has physical presence ECO itself
ECO does not have physical presence Representative of ECO
ECO doesn’t have physical presence nor has Person appointed by ECO
reprentative