The Central Goods and Services Act, 2017 (CGST Act)

Table of Contents

The Central Goods and Services Act, 2017 is a result of the principal Act and subsequent Amendments:

• Principal Act The Central Goods and Services Act, 2017 assented by the President of India on 12th April, 2017
• The Central Goods and Services Tax (Extension to Jammu and Kashmir) Act, 2017 assented by the President of India on 23rd August 2017, came into force 8th July, 2017
• The Central Goods and Services Tax (Amendment) Act, 2018 assented by the President of India 29th August, 2018
• The Finance Act (No. 2), 2019 assented by the President of India 1st August, 2019
• The Finance Act, 2020 assented by the President of India 27th March, 2020
• The Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 promulgated by the President of India on 31st March, 2020

CHAPTER I – PRELIMINARY

Section 4–Appointment of officers

Section 5–Powers of officers

Section 6 –Authorisation of officers of State tax or Union territory tax as proper officer in certain circumstances

CHAPTER III – LEVY AND COLLECTION OF TAX

Section 7 –Scope of supply

Section 8–Tax liability on composite and mixed supplies

Section 9 –Levy and collection

Section 10 –Composition levy

Section 11 –Power to grant exemption from tax

CHAPTER IV – TIME AND VALUE OF SUPPLY

Section 12–Time of supply of goods

Section 13–Time of supply of services.

Section 14–Change in rate of tax in respect of supply of goods or services

Section 15–Value of Taxable Supply

CHAPTER V – INPUT TAX CREDIT

Section 16–Eligibility and conditions for taking input tax credit

Section 17–Apportionment of credit and blocked credits.

Section 18–Availability of credit in special circumstances

Section 19 –Taking input tax credit in respect of inputs and capital goods sent for job work

Section 20–Manner of distribution of credit by Input Service Distributor

section 21– Manner of recovery of credit distributed in excess.

CHAPTER VI – REGISTRATION

Section 22 – Persons liable for registration

Section 23 – Persons not liable for registration.

Section 24 – Compulsory registration in certain cases.

Section 25 – Procedure for registration

Section 26 – Deemed registration

Section 27 – Special provisions relating to casual taxable person and non-resident taxable person

Section 28 – Amendment of registration.

Section 29 – Cancellation of registration

Section 30 – Revocation of cancellation of registration

CHAPTER VII – TAX INVOICE, CREDIT AND DEBIT NOTES

Section 31 – Tax invoice

Section 31A – Facility of digital payment to recipient

Section 32 – Prohibition of unauthorised collection of tax.

Section 33 – Amount of tax to be indicated in tax invoice and other documents

Section 34 – Credit and Debit notes.

CHAPTER VIII – ACCOUNTS AND RECORDS

Section 35 – Accounts and other records

Section 36 – Period of retention of accounts

CHAPTER IX – RETURNS

Section 37 – Furnishing details of outward supplies

Section 38 – Furnishing details of inward supplies

Section 39 – Furnishing of returns.

Section 40 – First return

Section 41 – Claim of input tax credit and provisional acceptance thereof

Section 42 – Matching, reversal and reclaim of input tax credit

Section 43 – Matching, reversal and reclaim of reduction in output tax liability

Section 43A – Procedure for furnishing return and availing input tax credit

Section 44 – Annual Return

Section 45 – Final Return

Section 46 – Notice to return defaulters

Section 47 – Levy of late fee

Section 48 – Goods and Services tax practitioners.

CHAPTER X – PAYMENT OF TAX

Section 49 – Payment of tax, interest, penalty and other amounts

Section 49A – Utilisation of input tax credit subject to certain conditions

Section 49B – Order of utilisation of input tax credit

Section 50 – Interest on delayed payment of tax

Section 51 – Tax deduction at source

Section 52 – Collection of tax at source

Section 53 – Transfer of input tax credit

Section 53A – Transfer of certain amounts

CHAPTER XI – REFUNDS

Section 54 – Refund of tax

Section 55 – Refund in certain cases

Section 56 – Interest on delayed refunds

Section 57 – Consumer Welfare Fund

Section 58 – Utilisation of Fund.

CHAPTER XII – ASSESSMENT

Section 59 – Self-assessment

Section 60 – Provisional assessment

Section 61 – Scrutiny of returns

Section 62 – Assessment of non-filers of returns

Section 63 – Assessment of unregistered persons

Section 64 – Summary assessment in certain special cases

CHAPTER XIII – AUDIT

Section 65 – Audit by tax authorities

Section 66 – Special audit

CHAPTER XIV – INSPECTION, SEARCH, SEIZURE AND ARREST

Section 67 – Power of inspection, search and seizure.

Section 68 – Inspection of goods in movement

Section 69 – Power to arrest

Section 70 – Power to summon persons to give evidence and produce documents

Section 71 – Access to business premises

Section 72 – Officers to assist proper officers

CHAPTER XV – DEMANDS AND RECOVERY

Section 73 – Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful-misstatement or suppression of facts

Section 74 – Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful misstatement or suppression of facts

Section 75 – General provisions relating to determination of tax

Section 76 – Tax collected but not paid to Government

Section 77 – Tax wrongfully collected and paid to Central Government or State Government

Section 78 – Initiation of recovery proceedings

Section 79 – Recovery of tax

Section 80 – Payment of tax and other amount in instalments

Section 81 – Transfer of property to be void in certain cases

Section 82 – Tax to be first charge on property

Section 83 – Provisional attachment to protect revenue in certain cases

Section 84 – Continuation and validation of certain recovery proceedings

CHAPTER XVI – LIABILITY TO PAY IN CERTAIN CASES

Section 85 – Liability in case of transfer of business

Section 86 – Liability of agent and principal

Section 87 – Liability in case of amalgamation or merger of companies

Section 88 – Liability in case of company in liquidation.

Section 89 – Liability of directors of private company

Section 90 – Liability of partners of firm to pay tax

Section 91 – Liability of guardians, trustees, etc.

Section 92 – Liability of Court of Wards, etc

Section 93 – Special provisions regarding liability to pay tax, interest or penalty in certain cases

Section 94 – Liability in other cases

CHAPTER XVII – ADVANCE RULING

Section 95 – Definitions

Section 96 – Authority for advance ruling

Section 97 – Application for advance ruling

Section 98 – Procedure on receipt of application

Section 99 – Appellate Authority for Advance Ruling

Section 100 – Appeal to Appellate Authority

Section 101 – Orders of Appellate Authority

Section 101A – Constitution of National Appellate Authority for Advance Ruling

Section 101B – Appeal to National Appellate Authority

Section 101C – Order of National Appellate Authority

Section 102 – Rectification of advance ruling

Section 103 – Applicability of advance ruling

Section 104 – Advance ruling to be void in certain circumstances

Section 105 – Powers of Authority and Appellate Authority

Section 106 – Procedure of Authority and Appellate Authority

CHAPTER XVIII – APPEALS AND REVISION

Section 107 – Appeals to Appellate Authority

Section 108 – Powers of Revisional Authority

Section 109 – Constitution of Appellate Tribunal and Benches thereof

Section 110 – President and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc.

Section 111 – Procedure before Appellate Tribunal

Section 112 – Appeals to Appellate Tribunal

Section 113 – Orders of Appellate Tribunal

Section 114 – Financial and administrative powers of President

Section 115 – Interest on refund of amount paid for admission of appeal

Section 116 – Appearance by authorised representative

Section 117 – Appeal to High Court

Section 118 – Appeal to Supreme Court

Section 119 – Sums due to be paid notwithstanding appeal, etc.

Section 120 – Appeal not to be filed in certain cases

Section 121 – Nonappealable decisions and orders.

CHAPTER XIX – OFFENCES AND PENALTIES

Section 122 – Penalty for certain offences

Section 123 – Penalty for failure to furnish information return

Section 124 – Fine for failure to furnish statistics

Section 125 – General penalty

Section 126 – General disciplines related to penalty

Section 127 – Power to impose penalty in certain cases

Section 128 – Power to waive penalty or fee or both

Section 129 – Detention, seizure and release of goods and conveyances in transit

Section 130 – Confiscation of goods or conveyances and levy of penalty

Section 131 – Confiscation or penalty not to interfere with other punishments

Section 132 – Punishment for certain offences

Section 133 – Liability of officers and certain other persons

Section 134 – Cognizance of offences.

Section 135 – Presumption of culpable mental state

Section 136 – Relevancy of statements under certain circumstances

Section 137 – Compounding of offences.

Section 138 – Compounding of offences

CHAPTER XX – TRANSITIONAL PROVISIONS

Section 139 – Migration of existing taxpayers

Section 140 – Transitional arrangements for input tax credit

Section 141 – Transitional provisions relating to job work

Section 142 – Miscellaneous transitional provisions

CHAPTER XXI – MISCELLANEOUS

Section 143 – Job work procedure

Section 144 – Presumption as to documents in certain cases

Section 145 – Admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence

Section 146 – Common Portal

Section 147 – Deemed exports

Section 148 – Special procedure for certain processes

Section 149 – Goods and services tax compliance rating

Section 150 – Obligation to furnish information return

Section 151 – power to collect statistics

Section 152 – Bar on disclosure of information

Section 153 – Taking assistance from an expert

Section 154 – Power to take samples

Section 155 – Burden of proof

Section 156 – Persons deemed to be public servants

Section 157 – Protection of action taken under this Act

Section 158 – Disclosure of information by a public servant

Section 158A- Consent based sharing of information furnished by taxable person.

Section 159 – Publication of information in respect of persons in certain cases

Section 160 – Assessment proceedings, etc., not to be invalid on certain grounds

Section 161 – Rectification of errors apparent on the face of record

Section 162 – Bar on jurisdiction of civil courts

Section 163 – Levy of fee

Section 164 – Power of Government to make rules

Section 165 – Power to make regulations

Section 166 – Laying of rules, regulations and notifications

Section 167 – Delegation of powers

Section 168 – Power to issue instructions or directions.

Section 168A – Power of Government to extend time limit in special circumstances

Section 169 – Service of notice in certain circumstances

Section 170 – Rounding off of tax, etc.

Section 171 – Antiprofiteering measure

Section 172 – Removal of difficulties

Section 173 – Amendment of Act

Section 174 – Repeal and saving

SCHEDULES

SCHEDULE I – ACTIVITIES TO BE TREATED AS SUPPLY EVEN IF MADE WITHOUT CONSIDERATION

SCHEDULE II – ACTIVITIES TO BE TREATED AS SUPPLY OF GOODS OR SUPPLY OF SERVICES

SCHEDULE III – ACTIVITIES OR TRANSACTIONS WHICH SHALL BE TREATED NEITHER AS A SUPPLY OF GOODS NOR A SUPPLY OF SERVICES