Levy Of ‘GST’ As Per Corresponding Acts/Laws

S. No.

Act

Tax

1.

Central Good and Services Tax Act, 2017 (CGST Act, 2017), applicable to all States of India except the State of Jammu and Kashmir

CGST

2.

Union Territory Goods and Services Act, 2017 (UTGST Act, 2017), applicable to Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu and Chandigarh

UTGST

3.

Integrated Goods and Services Tax Act, 2017 (IGST Act, 2017), applicable to all States of India except the State of Jammu and Kashmir

IGST

4.

The Goods and Services Tax (Compensation to States) Act, 2017 applicable to whole of India

Cess

5.

State Goods and Services Tax Act, (SGST Act), to passed by respective States including UT having own legislative assembly i.e. Delhi and Pondicherry

SGST


Taxable event will be the supply of goods and services, f or the purpose of taxation supply can be bifurcated in intra state and interstate supply. Following taxes will be levied as per nature of supply:

•           Intra State Supply: CGST will be levied in combination of UTGST or SGST as per applicability and Cess will be levied additionally, if applicable.

•           Inter State Supply: Only IGST will be levied and Cess  will be levied additionally, if applicable.

The CGST/SGST/UTGST/IGST/Compensation to State Act contemplates following Tax Levy:

(a)        Section 9 of the CGST Act, 2017,

(b)        Section 7 of the UTGST Act, which is on same line as section 9 of the CGST Act except UTST has been replaced with CGST.

(c)        Section 5 of the IGST Act

(d)        Cess  under section 8 of the Goods and Services Tax (Compensation to States) Act, 2017. Levy of Cess in “The Goods and Services Tax (Compensation to States) Act, 2017” has discussed in Chapter 27 of the book.

(e)        Composition Levy as per Section 10. Composition has been discussed in detail in Chapter 3 of the book.

The IGST Act and Compensation to State Act do not provide for Composition Levy.

The provisions of Levy and exemption are covered in sections 9 and 11 of CGST Act and section 5 and section 6 of IGST Act and sections 7 and 8 of the UTGST Act.

The CGST Act, IGST Act, UTGST Act and Compensation Act has already been assented by the President of India after passed by the Parliament of India. SGST Act will be placed in the respective legislative assemblies of states and would be in aligned with CGST and UTGST Act.

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