Skip to main content

Major changes expected in New Model GST Law



Since Model GST Law has been uploaded on the public portal, each one of us had been deliberating on the same to understand the mindset of the law makers. Although MGL sets a background about the expectation of the law makers, it is set to change drastically by incorporating the changes recommended by the states, professional bodies and business communities.

A government official had already announced that the new law is being prepared in consultation with the states and once the law is finalized it shall be put on the public domain. In this period of time when we are expecting new law to come, we should restrain ourselves from going into the details of the old law. From the concept of supply, time of supply, place of supply to assessment and audit procedures all is going to change to a large extent. The anomalies which were found in MGL are expected to be done away once the new law comes in. We can expect a major change in the definition of goods and services. As contested earlier, goods might exclude shares and securities and hence not chargeable to GST. Also amendments to the concept of Input tax Credit as recommended by various bodies is likely to be incorporated by the legislature.

Looking at the changes expected in the new law, one should wait and watch before going into the deep discussion on issues and problems as per the Model GST Law put on public domain on 14.06.2016.  

by:
Keshav R Garg
(B.Com, FCA, CS, ISA (ICAI))
Faculty for GST: Indirect Tax Committee of ICAI
Author: Bharat's GST Ready Reckoner
            A Handbook on GST
Adviser for GST: Industries Association of Chandigarh 
Member: Indirect Tax Committee of CII, PHDCCI, MyGst.MyTax Foundation
Address: 3328, Sector 27 D, Chandigarh, India - 160 019
Phones: +91-172-461-3328, +91-98880-90008
Mails: mygst.mytax@gmail.comkeshavgarg@kdai.in   



Comments

Popular posts from this blog

Renting of Warehouse for Agriculture Produce – Taxable under GST

In the case of Rishi Shipping – Gujarat Authority for Advance Ruling has cleared the air that Storing/warehousing and renting of immovable property are two different type of services. Merely because the agricultural produce is stored in an immovable property it would not classify it as Storage and Warehousing Services. Therefore the same shall not be covered under S. No. 54 of Negative List (Notification No. 12/2017- Central Tax (Rate) dated 28.06.2017), hence taxable under the purview of CGST and IGST Act. The Authority held that in order to classify a service as Storage and Warehousing, it should be coupled with loading/unloading/packing services etc. The authority was of the view that where mere building is let out, it shall be classified as renting of immovable property which is chargeable to tax. It is the composite supply, principal supply being renting of immovable property for storage of agricultural produce which is exempt from tax. It further held that once the...

GST Registration in case of Renting of Immovable properties:

GST Registration in case of Renting of Immovable properties: By CA. Keshav R Garg 1.      Let us first understand that the place of registration is decided by the term place of business as defined by section 2(85) of the CGST Act 2017. As per the definition of “Place of Business” it is a place from where the business is carried on and/or where a warehouse or any other place for storage of goods is located and/or books of accounts are maintained and/or the business through agent is carried on. It nowhere considers “place of supply” for determining the Place of business for the purpose of GST Registration. Hence, place of supply has no impact as far as GST Registration is concerned. 2.      As per section 22 of the CGST Act 2017, a person is liable to take registration from the place he makes a taxable supply. There is a distinction in place of supply and place from one makes taxable supplies. Place of supply is derived to conclud...

Tri-city Restaurants leaving Hole in your pocket by charging higher GST

Tri-city Restaurants leaving Hole in your pocket by charging higher GST By: Keshav R Garg Since the day GST has been enforced in India, most of the business had remained in dilemma about the rate of tax applicable on the goods/services supplied by them. One such industry is the restaurant industry where food is served to consumers either on the table or packed for takeaway. There had been multiple rates and issues relating to non-passing of tax benefits to consumers was widely witnessed. GST ranges from 5% to 18% in this industry, but unfortunately most of the restaurants are intermingling the rate of tax applicable on wide range of food items being sold by them. There had been misconception between food and snacks supplied by the eateries. Most of them believe that snacks like tikki, samosa etc are the one pre-packaged items which are chargeable at 12%. Instead these over the counter dishes are prepared and served as per the order of the customer. There is an elemen...