The Incidence Of CGST And SGST / UTGST

The levy of CGST/SGST/UTGST Acts is on all “Intra-State Supply” of Goods and Services.

Intra-State Supply of Goods shall have the same meaning as is assigned to it in section 8(1) of the Integrated Goods & Services Tax Act.

Section 8(1) of IGST Act says...subject to the provisions of section 10 of the Act, supply of goods where the location of supplier and the place of supply are in the same State or same Union territory shall be treated as Intra-state supply:

Provided further that the following supply of goods shall not be treated as Intra State Supply namely:—

•           Supply of goods to or by a Special Economic Zone developer or a Special Economic Zone unit.

•           Goods imported into the territory of India till they cross the custom frontiers of India.

•           Supplies made to a tourist referred to in section 15 of the IGST Act.

Intra-State Supply of Services shall have the same meaning as is assigned to it in section 8(2) of the Integrated Goods & Services Tax Act.

Section 8(2) of IGST Act says... .subject to the provisions of section 12 of the Act, supply of services where the location of supplier and the place of supply are in the same state or same Union territory shall be treated as Intra-state supply:

Provided further that the Intra State Supply shall not include Supply of services to or by a Special Economic Zone developer or a Special Economic Zone unit.

The event which would trigger Levy would be “Supply”. This word coined by law is so elaborate that it brings everything under the sun and leaves very little exceptions. The term supply has been discussed in detail in Chapter 9 of the book.

GST is levied on Goods & Services. Hence, when SUPPLY constitutes ASPECT of tax, Goods & Services constitutes the subject matter of such tax.

The definition of Goods and Services is contained in section 2(52) and section 2(102) of the Act. It is defined as hereunder:

“Good” includes every kind of movable property other than money and securities but includes actionable claim, growing crops, grass and things attached or forming part of the land which are agreed to be severed before supply or under a contract of supply.

“Services” means anything other than goods, money and securities but includes activities relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to an- other form, currency or denomination for which a separate consideration is charged.

Besides what is there in the definition there are certain activities or transaction which are deemed to be treated as ‘Goods’ or as the case may be ‘services’. Such activities are listed in Schedule II to this Act.

Related Topics ...
Levy Of ‘GST’ As Per Corresponding Acts/Laws
The Incidence Of CGST And SGST / UTGST
Levy of CGST / SGST / UTGST
LEVY OF IGST Under Section 5 of IGST Act.
Person / Entities Who Are Liable To Pay ‘IGST’
Power To Grant Exemption From CGST / SGST / UTGST
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