Goods and Service Tax Law 2016 (Model)

Posted on 26 April 2023 Category : GST

Goods and Service Tax Law (Model) 2016

The GST Law 2016 (model) has been published by India government authorities recently. Kindly note, as mentioned in the head, this law is only a model or draft which has to be finally approved. Amendments are expected in this model law of Goods and Service Tax Law 2016. So all traders may take this information for reference only and not for practical business life,as the final Goods and Service Act 2016 is yet to be published.

Click here to read in pdf format of Goods and Service Tax (GST) Law 2016 (model)

GST Model Law.pdf

The model GST Law 2016 explains about the following:

The Definitions falls under Goods and Service Tax (GST)

Meaning and scope of GST

Administration information on GST Act such as Classes of officers under the Central Goods and Services Tax Act, Classes of officers under the State Goods and Services Tax Act, Appointment of officers under the Central Goods and Services Tax Act , Powers of officers under the Central Goods and Services Tax Act

Levy of and Exemption from Tax like levy and collection of central or state goods and service tax, Composition levy of GST, Taxable person falls under Goods and Service Tax Act 2016, Power to grant exemption from GST Act 2016, Remission of tax on supplies found deficient in quantity under Goods and Service Tax Act 2016.

TIME AND VALUE OF SUPPLY like time of supply of goods under GST Act 2016, time of supply of services under GST Act 2016, change in rate of tax in respect of supply of services under GST Act 2016, value of taxable supply under GST Act 2016

INPUT TAX CREDIT like Manner of taking input tax credit under Goods and Service Tax Act 2016, Taking input tax credit in respect of inputs sent for job work under GST Act 2016, Manner of distribution of credit by Input Service Distributor , Manner of recovery of credit distributed in excess under GST Act 2016.

REGISTRATION

Registration under Goods and Service Tax Act 2016

Special provisions relating to casual taxable person and non-resident taxable person

Amendment of registration under Goods and Service Tax Act 2016

Cancellation of registration under GST Act 2016

Revocation of cancellation of registration under GST Act 2016

TAX INVOICE, CREDIT AND DEBIT NOTES

Tax invoice under Goods and Service Tax Act 2016

Amount of tax to be indicated in tax invoice and other documents

Credit and debit notes under Goods and Service Tax Act 2016

RETURNS under GST Act 2016

Furnishing details of outward supplies under GST Act 2016

Furnishing details of inward supplies under Goods and Service Tax Act 2016

Returns

First Return

Claim of input tax credit and provisional acceptance thereof under Goods and Service Tax Act 2016

Matching, reversal and re-claim of input tax credit

Matching, reversal and re-claim of reduction in output tax liability

Annual return under GST Act 2016

Final return under Goods and Service Tax Act 2016

Notice to return defaulters under GST Act 2016

Levy of late fee under Goods and Service Tax Act 2016

Tax Return Preparers under GST Act 2016

PAYMENT OF TAX

Payment of tax, interest, penalty, and other amounts under Goods and Service Tax Act 2016

Interest on delayed payment of tax

Tax deduction at source under Goods and Service Tax Act 2016

TRANSFER OF INPUT TAX CREDIT under GST Act 2016

Transfer of input tax credit under Goods and Service Tax Act 2016

REFUNDS

Refund of tax

Interest on delayed refunds under GST Act 2016

Consumer Welfare Fund under Goods and Service Tax Act 2016

Utilization of the Fund

ACCOUNTS AND RECORDS under GST Act 2016

Accounts and other records under GST Act 2016

Period of retention of accounts under Goods and Service Tax Act 2016

JOB WORK under GST Act 2016

Special procedure for removal of goods for certain purposes under GST Act 2016

ELECTRONIC COMMERCE

Definitions 43C. Collection of tax at source under Goods and Service Tax Act 2016

ASSESSMENT under GST Act 2016

Self-assessment under GST Act 2016

Provisional assessment under Goods and Service Tax Act 2016

Scrutiny of returns under GST Act 2016

Assessment of non-filers of returns under GST Act 2016

Assessment of unregistered persons under Goods and Service Tax Act 2016

Summary assessment in certain special cases

AUDIT

Audit by tax authorities under Goods and Service Tax Act 2016

Special audit under GST Act 2016

DEMANDS AND RECOVERY

Determination of tax not paid or short paid or erroneously refunded

Tax collected but not deposited with the Central or a State Government under Goods and Service Tax Act 2016

Tax wrongfully collected and deposited with the Central or a State Government

Recovery of tax

Payment of tax and other amount in instalments 56. Transfer of property to be void in certain cases

Tax to be first charge on property 58. Provisional attachment to protect revenue in certain cases

Continuation of certain recovery proceedings

INSPECTION, SEARCH, SEIZURE AND ARREST

Power of inspection, search and seizure under Goods and Service Tax Act 2016

Inspection of goods in movement under GST Act 2016

Power to arrest 63. Power to summon persons to give evidence and produce documents 64. Access to business premises

Officers required assisting CGST/SGST Officers

OFFENCES AND PENALTIES

Offences and penalties under Goods and Service Tax Act 2016

General penalty under GST Act 2016

General disciplines related to penalty under GST Act 2016

Detention of goods and conveyances, and levy of penalty under Goods and Service Tax Act 2016

Confiscation of goods and levy of penalty

Confiscation of conveyances under GST Act 2016

Confiscation or penalty not to interfere with other punishments

PROSECUTION AND COMPOUNDING OF OFFENCES under GST Act 2016

Prosecution

Cognizance of offences under Goods and Service Tax Act 2016

Presumption of culpable mental state 76. Relevancy of statements under certain circumstances

Offences by companies and certain other persons under GST Act 2016

Compounding of offences under GST Act 2016

APPEALS under GST Act 2016

Appeals to First Appellate Authority

Left Blank under GST Act 2016

Constitution of the National Appellate Tribunal

Appeals to the Appellate Tribunal under Goods and Service Tax Act 2016

Orders of Appellate Tribunal under GST Act 2016

APPEALS AND REVISION

Appeals to First Appellate Authority under Goods and Service Tax Act 2016

Revisional powers of Commissioner under GST Act 2016

Constitution of the National Appellate Tribunal

Appeals to the Appellate Tribunal under Goods and Service Tax Act 2016

Orders of Appellate Tribunal

Procedure of Appellate Tribunal under Goods and Service Tax Act 2016

Interest on delayed refund of pre-deposit under GST Act 2016

Appearance by authorised representative

Appeal to the High Court under Goods and Service Tax Act 2016

Appeal to the Supreme Court under Goods and Service Tax Act 2016

Hearing before Supreme Court under Goods and Service Tax Act 2016

Sums due to be paid notwithstanding appeal etc

Exclusion of time taken for copy under GST Act 2016

Appeal not to be filed in certain cases under Goods and Service Tax Act 2016

Non appealable decisions and orders

CHAPTER– XIX ADVANCE RULING

Definitions

Authority for Advance Ruling under Goods and Service Tax Act 2016

Appellate Authority for Advance Ruling under GST Act 2016

Application for advance ruling under GST Act 2016

Procedure on receipt of application under Goods and Service Tax Act 2016

Appeal to the Appellate Authority under GST Act 2016

Orders of Appellate Authority

Rectification of advance ruling under Goods and Service Tax Act 2016

Applicability of advance ruling under GST Act 2016

Advance ruling to be void in certain circumstances under GST Act 2016

Powers of the Authority and Appellate Authority under Goods and Service Tax Act 2016

Procedure of the Authority and Appellate Authority under GST Act 2016

SETTLEMENT OF CASES under GST Act 2016

PRESUMPTION AS TO DOCUMENTS under GST Act 2016

Presumption as to documents in certain cases under Goods and Service Tax Act 2016

Admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence

LIABILITY TO PAY IN CERTAIN CASES under GST Act 2016

Liability in case of transfer of business under Goods and Service Tax Act 2016

Liability in case of amalgamation/merger of companies

Liability in case of company in liquidation under GST Act 2016

Liability of partners of firm to pay tax under Goods and Service Tax Act 2016

Liability of guardians, trustees etc under GST Act 2016

Liability of Court of Wards etc. under GST Act 2016

Special provision regarding liability to pay tax in certain cases

Liability in other cases under Goods and Service Tax Act 2016

MISCELLANEOUS PROVISIONS

GST compliance rating under GST Act 2016

Obligation to furnish information return under Goods and Service Tax Act 2016

Penalty for failure to furnish information return under GST Act 2016

Power to collect statistics under Goods and Service Tax Act 2016

Disclosure of information required under section 119

Test purchase of goods and/or services

Drawal of samples under GST Act 2016

Burden of Proof under GST Act 2016

Persons discharging functions under the Act shall be deemed to be public servants

Indemnity under Goods and Service Tax Act 2016

Disclosure of information by a public servant under GST Act 2016

Publication of information respecting persons in certain cases

Assessment proceedings, etc. not to be invalid on certain grounds

Rectification of mistakes or errors apparent from record under Goods and Service Tax Act 2016

Bar of jurisdiction of civil courts under Goods and Service Tax Act 2016

Levy of fees

Power of Central (or State) Government to make rules

General power to make Regulations under Goods and Service Tax Act 2016

Delegation of powers under GST Act 2016

Instructions to GST Officers under GST Act 2016

Removal of difficulties

Service of Notice in certain circumstances under Goods and Service Tax Act 2016

Rounding off of tax etc under Goods and Service Tax Act 2016 under Goods and Service Tax Act 2016

Effect of amendments, etc., of rules, notifications or orders under GST Act 2016

Publication of rules and notifications and laying of rules before Parliament / State Legislature

REPEAL AND SAVING

Repeal and saving

TRANSITIONAL PROVISIONS

General provisions

Migration of existing taxpayers to GST under Goods and Service Tax Act 2016

Amount of CENVAT credit carried forward in a return to be allowed as input tax credit 144. Unveiled canvat credit on capital goods, not carried forward in a return, to be allowed in certain situations 145. Credit of eligible duties and taxes in respect of inputs held in stock to be allowed in certain situations 146. Credit of eligible duties and taxes on inputs held in stock to be allowed to a taxable person switching over from composition scheme

Amount payable in the event of a taxable person switching over to composition scheme 148. Exempted goods returned to the place of business on or after the appointed day 149. Duty paid goods returned to the place of business on or after the appointed day 150. Inputs removed for job work and returned on or after the appointed day

Semi-finished goods removed for job work and returned on or after the appointed day

Finished goods removed for carrying out certain processes and returned on or after the appointed day

Issue of supplementary invoices, debit or credit notes where price is revised in pursuance of a contract

Pending refund claims to be disposed of under earlier law

Claim of cenvat credit to be disposed of under the earlier law 156. Finalization of proceedings relating to output duty liability

Treatment of the amount recovered or refunded in pursuance of assessment or adjudication proceedings

Treatment of the amount recovered or refunded pursuant to revision of returns under GST Act 2016

Treatment of long term construction / works contracts under Goods and Service Tax Act 2016

Progressive or periodic supply of goods or services 161. Treatment of retention payments 162. Credit distribution of service tax by ISD

Tax paid on goods lying with agents to be allowed as credit

Tax paid on capital goods lying with agents to be allowed as credit

Treatment of branch transfers 162D. Goods sent on approval basis returned on or after the appointed day 162 E. Deduction of tax source

SCHEDULES

Matters to be treated as supply without consideration under Goods and Service Tax Act 2016

Matters to be treated as supply of goods or services under Goods and Service Tax Act 2016

ILiability to be registered

Activities or transactions in respect of which the Central Government, a State Government or any Local Authority shall not be regarded as a taxable person

RULES

GST Valuation (Determination of the Value of supply of Goods and Services) Rules, 2016

Click here to know GST rate on Goods and Services

GST Exemption list of goods and services

Find HSN number or Service tariff code for GST

GST registration guidelines

Indian GST Laws

How to export your goods?

How to export goods from India?

How to get Export Order?

Export benefit schemes in India

Export procedures and documentation