Category: GST
-
Levy and Collection of Tax – Constitutional Foundation and Legislative Evolution
Introduction Section 9(1) of the Central Goods and Services Tax Act, 2017 (“CGST Act”) is the principal charging provision governing the levy and collection of tax. Like every fiscal statute, GST derives its enforceability not merely from the existence of taxable transactions but from a valid charging section enacted under constitutional authority. While Section 7…
-
Composite and Mixed Supply – Judicial Analysis (2017–2026)
Section 8 of the Central Goods and Services Tax Act, 2017, prescribes the manner in which tax liability is determined in cases involving composite supplies and mixed supplies.
-
Section 7—Scope of Supply—Legislative History, Evolution and Judicial Analysis (2017–2026)
Section 7 has evolved significantly through legislative amendments, judicial pronouncements, and administrative clarifications. While the number of statutory amendments to the provision has been relatively limited, their impact has been far-reaching
-
Are Bonus Shares Gifted to Employees Taxable Under GST?
Securities are outside the scope of GST as defined under Sections 2(52) and 2(102). Hence, bonus shares issued to employees are not taxable.
-
Is GST Applicable on Leasehold Rights and TDR?
The core controversy is whether rights arising from land are themselves “immovable property” or whether they are independent taxable services.
-
Is Prize Money Received for Exemplary Performance Taxable under GST?
Prize money received for exemplary performance is not taxable under GST as there is no supply.
-
Would the Sale of a Personal Car be Taxable under GST?
To determine the taxability of the sale of a personal car, one must first determine whether it is a supply as defined under the GST Acts. “Supply” is defined under Section 7 of the Act, and one of the key factors for it to be a supply is that it has to be in the…
-
Does GST Apply for Housing Societies and Associations?
Though this is not explicitly stated in the definition of ‘supply,’ the presence of two distinct persons is required, as is evident by the references to supplier and recipient in various provisions. Unlike Central Excise, captive consumption is not taxable under GST. CBIC has, in fact, clarified this through FAQs on Goods and Services Tax…
-
GST Under the Constitution: Object, Event & Legislative Architecture
Understanding GST requires us to revisit a foundational constitutional principle: Every tax must clearly identify(1) the Object of Taxation and(2) the Event of Taxation This distinction was emphasized by the Constitution Bench in the Godfrey Phillips (Luxury Tax) case, and it remains crucial in understanding GST. 1️⃣ Object vs Event of Taxation Under GST Step…
-
The GST Vision – “One Nation, One Tax”
Before understanding how GST functions, it is essential to understand how the Constitution distributes taxation powers in India. India follows a quasi-federal structure with a strong Centre, and the power to levy taxes is constitutionally divided between: This distribution is primarily governed by Article 246 of the Constitution read with Schedule VII. Article 246 –…
