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Step by Step towards GST

JUNE 20, 2016

By R C Prasad, Consultant

THERE was a sense of excitement in the entire country when the Model GST Law was put in public domain by the Empowered Committee of State Finance Ministers on 14th June 2016.

The intended purpose is to have a thorough discussion and deliberations on the draft provisions.

For the benefit of the readers I have prepared a Tabulation of Sections in the proposed GST law and compared it with the existing provisions of Central Excise Act,1944 and Finance Act,1994 and also VAT Act of different states (since VAT Act of different states carry different Section numbers no particular numbers have been mentioned). If there are any errors noticed, it is requested that the same be pointed out by the esteemed readers for benefit of all.

Section	Title	Corresponding Section in Central Excise Act, 1944	Corresponding Section in Finance Act, 1994	VAT/New Provision
1	Short title, extent and commencement	Section 1	Section 64
2	Definitions	Section 2	Section 65
3	Meaning and scope of supply			New provision
4	Classes of officers under the Central Goods and Services Tax Act/ State Goods and Services Tax Act			New provision
5	Appointment of officers under the Central Goods and Services Tax Act	Rule 3	Rule 3
6	Powers of officers under the Central Goods and Services Tax Act	Section 12E	Applicable as per Section 83
7	Levy and Collection of Central/State Goods and Services Tax	Section 3	Section 66
8	Composition levy			Available under VAT provisions
9	Taxable person			Available under VAT provisions
10	Power to grant exemption from tax	Section 5A	Section 93
11	Remission of tax on supplies found deficient in quantity	Section 5
12	Time of supply of goods			New provision
13	Time of supply of services			New provision
14	Change in rate of tax in respect of supply of services		Section 67
15	Value of taxable supply	Section 4	Section 67
16	Manner of taking input tax credit	Rule 3 of CCR,2004
16A	Taking input tax credit in respect of inputs sent for job work	Rule 4 of CCR,2004
17	Manner of distribution of credit by Input Service Distributor	Rule 7 of CCR,204
18	Manner of recovery of credit distributed in excess			New provision
19	Registration	Rule 9	Section 69
19A	Special provisions relating to casual taxable person and non-resident taxable Person			Available as per VAT provisions
20	Amendment of registration			Chapter 2 of CBEC's Manual of Instructions/VAT provisions
21	Cancellation of registration			Chapter 2 of CBEC's Manual of Instructions/ VAT provisions
22	Revocation of cancellation of registration			Chapter 2 of CBEC's Manual of Instructions/ VAT provisions
23	Tax invoice	Rule 11
23A	Amount of tax to be indicated in tax invoice and other documents	Rule 11
24	Credit and debit notes			Available as per VAT provisions
25	Furnishing details of outward supplies			New provision
26	Furnishing details of inward supplies			New provision
27	Returns	Rule 12	Section 70
27A	First Return			Available as per VAT provisions
28	Claim of input tax credit and provisional acceptance thereof			New provision
29	Matching, reversal and re-claim of input tax credit			New provision
29A	Matching, reversal and re-claim of reduction in output tax liability			New provision
30	Annual return	Rule 12		Available as per VAT provisions
31	Final return			Available as per VAT provisions
32	Notice to return defaulters			Available as per VAT provisions
33	Levy of late fee		Section 70
34	Tax Return Preparers		Section 71
35	Payment of tax, interest, penalty, and other amounts	Rule 8
36	Interest on delayed payment of tax	Section 11AA	Section 75
37	Tax deduction at source			Available as per VAT provisions
37A	Transfer of input tax credit	Rule 10 of CCR,2004
38	Refund of tax	Section 11B	Applicable as per Section 83
39	Interest on delayed refunds	Section 11BB
40	Consumer Welfare Fund	Section 12C	Applicable as per Section 83
41	Utilization of the Fund	Section 12 D	Applicable as per Section 83
42	Accounts and other records			Chapter 6 of CBEC's Manual of Instructions
43	Period of retention of accounts			Chapter 6 of CBEC's Manual of Instructions
43A	Special procedure for removal of goods for certain purposes	Rule 16A
43B	Definitions ELECTRONIC COMMERCE			New provision
43C	Collection of tax at source			New provision
44	Self-assessment	Rule 6
44A	Provisional assessment	Rule 7 of CER, 2002
45	Scrutiny of returns			As per Circular
46	Assessment of non-filers of returns			New provision
47	Assessment of unregistered persons			New provision
48	Summary assessment in certain special cases			New provision
49	Audit by tax authorities	Rule 22	Rule 5A(2)
50	Special audit	Section 14A	Section 72A
51	Determination of tax not paid or short paid or erroneously refunded	Section 11A	Section 73
52	Tax collected but not deposited with the Central or a State Government	Section 11D	Section 73A
53	Tax wrongfully collected and deposited with the Central or a State Government			Available as per VAT provisions
54	Recovery of tax	Section 11A	73
55	Payment of tax and other amount in installments			In line with Board's Circular No. 996/3/2015-CX, dated 28-2-2015
56	Transfer of property to be void in certain cases			Available as per VAT provisions
57	Tax to be first charge on property	Section 11E
58	Provisional attachment to protect revenue in certain cases	11DDA	73C
59	Continuation of certain recovery proceedings			Available as per VAT provisions
60	Power of inspection, search and seizure	12F
61	Inspection of goods in movement			Available as per VAT provisions
62	Power to arrest		91
63	Power to summon persons to give evidence and produce documents	Section 14
64	Access to business premises	Rule 22
65	Officers required assisting CGST/SGST Officers			Imported from Section 151 of Customs Act
66	Offences and penalties	Section 9
67	General penalty	Rule 27
68	General disciplines related to penalty			New provision
69	Detention of goods and conveyances, and levy of penalty			VAT/Customs Act
70	Confiscation of goods and levy of penalty	Rule 25
71	Confiscation of conveyances			Section 115 of Customs Act, 1962
72	Confiscation or penalty not to interfere with other punishments	Section 34A
73	Prosecution	Section 9	Section 89
74	Cognizance of offences	Section 9A	Section 90
75	Presumption of culpable mental state	Section 9C
76	Relevancy of statements under certain circumstances			Section 138B of Customs Act, 1962
77	Offences by companies and certain other persons	Section 9AA	As per Section 83
78	Compounding of offences	Section 9A	As per Section 83
79	Appeals to First Appellate Authority		Section 84
80	Left Blank
81	Constitution of the National Appellate Tribunal			New Provision
82	Appeals to the Appellate Tribunal	Section 35B	Section 86
83	Orders of Appellate Tribunal	Section 35C
84	Procedure of Appellate Tribunal	Section 35D
85	Interest on delayed refund of pre-deposit	Section 35FF	Applicable as per Section 83
86	Appearance by authorized representative	Section 35Q	Applicable as per Section 83
87	Appeal to the High Court	Section 35G	Applicable as per Section 83
88	Appeal to the Supreme Court	Section 35L	Applicable as per Section 83
89	Hearing before Supreme Court	Section 35M	Applicable as per Section 83
90	Sums due to be paid notwithstanding appeal etc	Section 35N	Applicable as per Section 83
91	Exclusion of time taken for copy	Section 35-O	Applicable as per Section 83
92	Appeal not to be filed in certain cases	Section 35R	Applicable as per Section 83
93	Non appealable decisions and orders			New provision
94	Definitions (Advance Ruling)	Section 23A
95	Authority for Advance Ruling		Section 96A	Section 28F of Customs Act
96	Appellate Authority for Advance Ruling			New Provision
97	Application for advance ruling	Section 23C	Section 96C
98	Procedure on receipt of application	Section 23D	Section 96D
99	Appeal to the Appellate Authority			New Provision
100	Orders of Appellate Authority			New Provision
101	Rectification of advance ruling	-----		New Provision
102	Applicability of advance ruling	Section 23E	Section 96E
103	Advance ruling to be void in certain circumstances	Section 23F	Section 96F
104	Powers of the Authority and Appellate Authority	Section 23G	Section 96G
105	Procedure of the Authority and Appellate Authority	Section 23H	Section 96H
106	Presumption as to documents in certain cases	Section 36A	Applicable as per Section 83
107	Admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence	Section 36B	Applicable as per Section 83
108	Liability in case of transfer of business			Available as per VAT provisions
109	Liability in case of amalgamation/merger of companies			Available as per VAT provisions
110	Liability in case of company in liquidation			Available as per VAT provisions
111	Liability of partners of firm to pay tax			Available as per VAT provisions
112	Liability of guardians, trustees etc			Available as per VAT provisions
113	Liability of Court of Wards etc.			Available as per VAT provisions
114	Special provision regarding liability to pay tax in certain cases			Available as per VAT provisions
115	Liability in other cases			Available as per VAT provisions
116	GST compliance rating			New Provision
117	Obligation to furnish information return	Section 15A
118	Penalty for failure to furnish information return	Section 15B
119	Power to collect statistics			Available as per VAT provisions
120	Disclosure of information required under section 119			Available as per VAT provisions
121	Test purchase of goods and/or services			New Provisions
122	Drawal of samples			Chapter 11 of CBEC's Manual of Instructions
123	Burden of Proof			Available as per VAT provisions
124	Persons discharging functions under the Act shall be deemed to be public Servants			Available as per VAT provisions
125	Indemnity	Section 40
126	Disclosure of information by a public servant			Available as per VAT provisions
127	Publication of information respecting persons in certain cases			New provision
128	Assessment proceedings, etc. not to be invalid on certain grounds			Available as per VAT provisions
129	Rectification of mistakes or errors apparent from record	Section 35(C)(2)
130	Bar of jurisdiction of civil courts			Available as per VAT provisions
131	Levy of fees			Customs Regulation 1970
132	Power of Central (or State) Government to make rules	Section 37	Section 96-I
132A	General power to make Regulations		Section 157
133	Delegation of powers	Section 37A	Applicable as per Section 83
134	Instructions to GST Officers	Section 37B	Applicable as per Section 83
135	Removal of difficulties			Available as per VAT provisions
136	Service of Notice in certain circumstances	Section 37C	Applicable as per Section 83
137	Rounding off of tax etc	Section 37D	Applicable as per Section 83
138	Effect of amendments, etc., of rules, notifications or orders	Section 38A	Applicable as per Section 83
139	Publication of rules and notifications and laying of rules before Parliament / State Legislature	Section 38
140	Repeal and saving	Section 39
141	General provisions (Transitional)			New Provision
142	Migration of existing taxpayers to GST			New Provision
143	Amount of CENVAT credit carried forward in a return to be allowed as input tax credit			New Provision
144	Unavailedcenvat credit on capital goods, not carried forward in a return, to be allowed in certain situations			New Provision
145	Credit of eligible duties and taxes in respect of inputs held in stock to be allowed in certain situations			New Provision
146	Credit of eligible duties and taxes on inputs held in stock to be allowed to a taxable person switching over from composition scheme			New Provision
147	Amount payable in the event of a taxable person switching over to composition scheme			New Provision
148	Exempted goods returned to the place of business on or after the appointed Day			New Provision
149	Duty paid goods returned to the place of business on or after the appointed Day			New Provision
150	Inputs removed for job work and returned on or after the appointed day			New Provision
151	Semi-finished goods removed for job work and returned on or after the appointed day			New Provision
152	Finished goods removed for carrying out certain processes and returned on or after the appointed day			New Provision
153	Issue of supplementary invoices, debit or credit notes where price is revised in pursuance of a contract			New Provision
154	Pending refund claims to be disposed of under earlier law			New Provision
155	Claim of cenvat credit to be disposed of under the earlier law			New Provision
156	Finalization of proceedings relating to output duty liability			New Provision
157	Treatment of the amount recovered or refunded in pursuance of assessment or adjudication proceedings			New Provision
158	Treatment of the amount recovered or refunded pursuant to revision of Returns			New Provision
159	Treatment of long term construction / works contracts			New Provision
160	Progressive or periodic supply of goods or services			New Provision
161	Treatment of retention payments			New Provision
162	Credit distribution of service tax by ISD			New Provision
162A	Tax paid on goods lying with agents to be allowed as credit			New Provision
162B	Tax paid on Capital goods lying with agents to be allowed as credit			New Provision
162C	Treatment of branch transfers			New Provision
162D	Goods sent on approval basis returned on or after the appointed day			New Provision
162E	Deduction of tax source			New Provision

(DISCLAIMER : The views expressed are strictly of the author and Taxindiaonline.com doesn't necessarily subscribe to the same. Taxindiaonline.com Pvt. Ltd. is not responsible or liable for any loss or damage caused to anyone due to any interpretation, error, omission in the articles being hosted on the sites)

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Sub: on road to GST It seems that one would require to assimilate the cases on VAT for understanding the GST provisions which are heavily borrowed from the said law. Learning & Excitement never ceases.
Posted by t r

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