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THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 (12 OF …

As on THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 (12 OF 2017) AS AMENDED BY THE :- THE CENTRAL GOODS AND SERVICES TAX (EXTENSION TO JAMMU AND KASHMIR) ACT, 2017 (NO. 26 OF 2017); THE FINANCE ACT, 2018 (NO. 13 OF 2018); THE CENTRAL GOODS AND SERVICES TAX (AMENDMENT) ACT, 2018 (NO. 31 OF 2018); THE FINANCE (NO. 2) ACT, 2019 (NO. 23 OF 2019); THE FINANCE ACT, 2020 (NO. 12 OF 2020); THE TAXATION AND OTHER LAWS (RELAXATION OF CERTAIN PROVISIONS) ORDINANCE, 2020. Note: This updated version of the CENTRAL GOODS and SERVICES Tax Act, 2017 as amended upto 30th September, 2020 has been prepared for convenience and easy reference of the trade and industry and has no legal binding or force.

(16) ―Board‖ means the [Central Board of Indirect Taxes and Customs]4 constituted under the Central Boards of Revenue Act, 1963; 4 Substituted for ―Central Board of Excise and Customs‖ by The Finance Act, 2018 (No. 13 of 2018) – Brought into force w.e.f. 29th March, 2018.

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Transcription of THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 (12 OF …

1 As on THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 (12 OF 2017) AS AMENDED BY THE :- THE CENTRAL GOODS AND SERVICES TAX (EXTENSION TO JAMMU AND KASHMIR) ACT, 2017 (NO. 26 OF 2017); THE FINANCE ACT, 2018 (NO. 13 OF 2018); THE CENTRAL GOODS AND SERVICES TAX (AMENDMENT) ACT, 2018 (NO. 31 OF 2018); THE FINANCE (NO. 2) ACT, 2019 (NO. 23 OF 2019); THE FINANCE ACT, 2020 (NO. 12 OF 2020); THE TAXATION AND OTHER LAWS (RELAXATION OF CERTAIN PROVISIONS) ORDINANCE, 2020. Note: This updated version of the CENTRAL GOODS and SERVICES Tax Act, 2017 as amended upto 30th September, 2020 has been prepared for convenience and easy reference of the trade and industry and has no legal binding or force.

2 The Acts as published in the official Gazette of the Government of India only have the force of law. Any errors in this document may kindly be brought to notice by sending an email on CHAPTER I PRELIMINARY 1 Table of Contents CHAPTER I PRELIMINARY 2 CHAPTER II ADMINISTRATION 20 CHAPTER III LEVY AND COLLECTION OF TAX 23 CHAPTER IV TIME AND VALUE OF SUPPLY 31 CHAPTER V INPUT TAX CREDIT 38 CHAPTER VI REGISTRATION 48 CHAPTER VII TAX INVOICE, CREDIT AND DEBIT NOTES 60 CHAPTER VIII ACCOUNTS AND RECORDS 65 CHAPTER IX RETURNS 67 CHAPTER X PAYMENT OF TAX 78 CHAPTER XI REFUNDS 88 CHAPTER XII ASSESSMENT 95 CHAPTER XIII AUDIT 98 CHAPTER XIV INSPECTION, SEARCH.

3 SEIZURE AND ARREST 101 CHAPTER XV DEMANDS AND RECOVERY 107 CHAPTER XVI LIABILITY TO PAY IN CERTAIN CASES 120 CHAPTER XVII ADVANCE RULING 126 CHAPTER XVIII APPEALS AND REVISION 131 CHAPTER XIX OFFENCES AND PENALTIES 152 CHAPTER XX TRANSITIONAL PROVISIONS 166 CHAPTER XXI MISCELLANEOUS 179 SCHEDULE I 196 SCHEDULE II 197 SCHEDULE III 200 REMOVAL OF DIFFICULTY ORDERS 200 CHAPTER I PRELIMINARY 2 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 12th April, 2017/Chaitra 22, 1939 (Saka) The following Act of Parliament received the assent of the President on the 12th April, 2017, and is hereby published for general information: THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 NO.

4 12 OF 2017 [12th April, 2017.] An Act to make a provision for levy and collection of tax on intra-State supply of GOODS or SERVICES or both by the CENTRAL Government and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title, extent and commencement. (1) This Act may be called the CENTRAL GOODS and SERVICES Tax Act, 2017. (2) It extends to the whole of India [**.]1 (3) It shall come into force on such date as the CENTRAL Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be 1 Omitted except the State of Jammu and Kashmir by The CENTRAL GOODS and SERVICES Tax (Extension to Jammu and Kashmir) Act, 2017 (No.)

5 26 of 2017) Brought into force 8th July, 2017. CHAPTER I PRELIMINARY 3 construed as a reference to the coming into force of that provision. 2. Definitions. In this Act, unless the context otherwise requires, (1) actionable claim shall have the same meaning as assigned to it in section 3 of the Transfer of Property Act, 1882; (2) address of delivery means the address of the recipient of GOODS or SERVICES or both indicated on the tax invoice issued by a registered person for delivery of such GOODS or SERVICES or both; (3) address on record means the address of the recipient as available in the records of the supplier.

6 (4) adjudicating authority means any authority, appointed or authorised to pass any order or decision under this Act, but does not include the [ CENTRAL Board of Indirect Taxes and Customs]2, the Revisional Authority, the Authority for Advance Ruling, the Appellate Authority for Advance Ruling, [the Appellate Authority, the Appellate Tribunal and the Authority referred to in sub-section (2) of section 171]3; (5) agent means a person, including a factor, broker, commission agent, arhatia, del credere agent, an auctioneer or any other mercantile agent, by whatever name called, who carries on the business of supply or receipt of GOODS or SERVICES or both on behalf of another.

7 (6) aggregate turnover means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis), exempt supplies, exports of GOODS or SERVICES or both and inter-State supplies of persons having the same Permanent Account Number, to be computed on all India basis but excludes CENTRAL tax, State tax, Union territory tax, integrated tax and cess; (7) agriculturist means an individual or a Hindu Undivided Family who undertakes cultivation of land 2 Substituted for CENTRAL Board of excise and Customs by The CENTRAL GOODS and SERVICES Tax (Amendment) Act, 2018 (No.)

8 31 of 2018) Brought into force 01st February, 2019. 3 Substituted for the Appellate Authority and the Appellate Tribunal by The CENTRAL GOODS and SERVICES Tax (Amendment) Act, 2018 (No. 31 of 2018) Brought into force 01st February, 2019. CHAPTER I PRELIMINARY 4 (a) by own labour, or (b) by the labour of family, or (c) by servants on wages payable in cash or kind or by hired labour under personal supervision or the personal supervision of any member of the family; (8) Appellate Authority means an authority appointed or authorised to hear appeals as referred to in section 107; (9) Appellate Tribunal means the GOODS and SERVICES Tax Appellate Tribunal constituted under section 109; (10) appointed day means the date on which the provisions of this Act shall come into force.

9 (11) assessment means determination of tax liability under this Act and includes self-assessment, re-assessment, provisional assessment, summary assessment and best judgment assessment; (12) associated enterprises shall have the same meaning as assigned to it in section 92A of the Income-tax Act, 1961; (13) audit means the examination of records, returns and other documents maintained or furnished by the registered person under this Act or the rules made thereunder or under any other law for the time being in force to verify the correctness of turnover declared, taxes paid, refund claimed and input tax credit availed, and to assess his compliance with the provisions of this Act or the rules made thereunder; (14) authorised bank shall mean a bank or a branch of a bank authorised by the Government to collect the tax or any other amount payable under this Act.

10 (15) authorised representative means the representative as referred to in section 116; (16) Board means the [ CENTRAL Board of Indirect Taxes and Customs]4 constituted under the CENTRAL Boards of Revenue Act, 1963; 4 Substituted for CENTRAL Board of excise and Customs by The Finance Act, 2018 (No. 13 of 2018) Brought into force 29th March, 2018. CHAPTER I PRELIMINARY 5 (17) business includes (a) any trade, commerce, manufacture, profession, vocation, adventure, wager or any other similar activity, whether or not it is for a pecuniary benefit; (b) any activity or transaction in connection with or incidental or ancillary to sub-clause (a); (c) any activity or transaction in the nature of sub-clause (a), whether or not there is volume, frequency, continuity or regularity of such transaction.


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