Levy means import of the tax as\nwell as the assessment of the tax. Assessment of the tax is done to ascertain\nthe liability arising under the law. \nCollection of the tax is done as prescribed under the law. <\/p>\n\n\n\n
Section 9 of CGST Act\/SGST Act and Section 5 of IGST <\/a>Act are the Charging Sections for the purpose of levy of GST. CGST<\/a> and SGST<\/a> shall be levied on all intra-state supplies of goods and\/or services and IGST shall be levied on all inter-state supplies of goods and\/or services respectively.<\/p>\n\n\n\n
The levy and collection of different types of GST<\/a> is as follows:<\/p>\n\n\n\n
LEVY AND COLLECTION AS PER CGST ACT, 2017\n(UNDER SECTION 9)<\/strong><\/p>\n\n\n\n
1. Levy of\ncentral goods and service tax [Section 9(1)]:<\/strong><\/p>\n\n\n\n
3. Tax\npayable on reverse charge basis [Section 9(3)]:<\/strong><\/p>\n\n\n\n
- Where an electronic commerce operator (ECO) does not have a physical presence in the taxable territory, any person representing such electronic commerce operator (ECO) for any purpose in the taxable territory shall be liable to pay tax. <\/li>
- Where an electronic commerce operator (ECO) does not have a physical presence in the taxable territory and also he does not have a representative in the said territory, such electronic commerce operator shall appoint a person in the taxable territory for the purpose of paying tax and such person shall be liable to pay tax. <\/li><\/ul>\n\n\n\n
![\"\"](\"https:\/\/commerceiets.com\/wp-content\/uploads\/2020\/03\/image-35-1.png\")
<\/figure>\n\n\n\nLEVY AND COLLECTION AS PER IGST ACT, 2017\n(UNDER SECTION 5)<\/strong><\/p>\n\n\n\n
U\/s 5(1) of IGST Act, 2017<\/strong> <\/p>\n\n\n\n
There shall be levied a tax\nCalled the Integrated Goods and Services Tax (IGST) <\/p>\n\n\n\n
- On all the\ninter-state supplies of goods or services or both, except on supply of\nalcoholic liquor for human consumption;
- On the value\ndetermined u\/s 15 of CGST Act, 2017<\/li><\/ul>
- At such a\nrate (maximum 40%,) as notified by the Central Government on recommendation of GST\nCouncil<\/li><\/ul>
- Collected in\nsuch a manner as may be prescribed<\/li><\/ul>
- Shall be paid\nby the taxable person. <\/li><\/ul><\/li><\/ul>\n\n\n\n
Provided further that IGST will\nbe imposed on goods\/ services imported into India. <\/p>\n\n\n\n
U\/s 5(2) of IGST Act, 2017<\/strong><\/p>\n\n\n\n
The CGST of following supply\nshall be levied with the effect from such date as notified by the Central\nGovernment on recommendation of GST Council<\/p>\n\n\n\n
- Petroleum\ncrude
- high speed\ndiesel <\/li><\/ul>
- Motor spirit\n(commonly known as petrol) <\/li><\/ul>
- Natural gas <\/li><\/ul>
- Aviation\nturbine fuel <\/li><\/ul><\/li><\/ul>\n\n\n\n
U\/s 5(3) of IGST Act, 2017<\/strong><\/p>\n\n\n\n
IGST is to be paid on reverse\ncharge basis by the recipient on notified goods\/ services or both. Reverse charge is the liability to pay tax by\nthe recipient of supply of goods \/ services rather than supplier of goods\/\nservices under forward charge). <\/p>\n\n\n\n
U\/s 5(4) of IGST Act, 2017<\/strong><\/p>\n\n\n\n
IGST on taxable inter-state\nsupply of goods\/ services to registered supplier from unregistered supplier\n(agriculturist) is to be paid on reverse charge basis by the recipient. <\/p>\n\n\n\n
U\/s 5(5) of IGST Act, 2017<\/strong><\/p>\n\n\n\n
E-Commerce operator is liable to\npay CGST on notified inter-state supplies<\/p>\n\n\n\n
LEVY AND COLLECTION OF GST UNDER UTGST ACT. (SECTION 7)<\/strong> <\/p>\n\n\n\n
The provisions under section 7 of the UTGST<\/a> Act are similar to section 9 of CGST Act except\u2014 <\/p>\n\n\n\n
- The word CGST has been substituted by the word UTGST under the UTGST Act. <\/li>
- Under UTGST Act, tax called UT tax is be levied on all intra-State supplies, <\/li>
- Maximum rate 7(1) of UTGST Act is 20%. <\/li><\/ul>\n\n\n\n
LEVY AND COLLECTION OF CESS<\/strong><\/p>\n\n\n\n
Under\nGST (Compensation to States) Act, 2017<\/strong><\/p>\n\n\n\n
Section\n8 of GST (Compensation to States) Act, 2017 forms the basis for levy and\ncollection of cess which will be levied on for the purposes of providing\ncompensation to the States for loss of revenue arising on account of\nimplementation of the goods and services tax with effect from the date from\nwhich the provisions of the Central Goods and Services Tax Act were brought\ninto force. The cess is levied on:<\/p>\n\n\n\n
- such intra-State supplies of goods or services or both, as provided for in section 9 of the Central Goods and Services Tax Act, and<\/li>
- such inter State supplies of goods or services or both as provided for in section 5 of the Integrated Goods and Services Tax Act<\/li><\/ul>\n\n\n\n
The\nsame shall be collected in such manner as may be prescribed, on the\nrecommendations of the Council, for a period of five years.<\/p>\n\n\n\n
- However, no such cess shall be leviable on supplies made\nby a taxable person who has decided to opt for composition levy under section\n10 of the Central Goods and Services Tax Act.<\/li>
- The cess shall be levied on such supplies of goods and\nservices as are specified in Schedule to the Act.<\/li>
- Where the cess is chargeable on any supply of goods or\nservices or both with reference to their value, for each such supply the value\nshall be determined under section 15 of the Central Goods and Services Tax Act\nfor all intra-State and inter-State supplies of goods or services or both<\/li>
- Cess on goods imported into India shall be levied and\ncollected in accordance with the provisions of section 3 of the Customs Tariff\nAct, 1975, at the point when duties of customs are levied on the said goods\nunder section 12 of the Customs Act, 1962, on a value determined under the\nCustoms Tariff Act, 1975.<\/li><\/ul>\n\n\n\n
LEVY OF\nREVERSE CHARGE- TAX PAYABLE BY RECIPIENT OF SUPPLY OF GOODS OR SERVICES OR BOTH<\/strong><\/p>\n\n\n\n
CGST\/UTGST\/SGST\/IGST shall be paid by the recipient of goods or services or both, on reverse charge basis, in the following cases:<\/p>\n\n\n\n
- Supply of goods or services or both, notified by the Government on the recommendations of the GST Council.<\/li>
- Supply of taxable goods or services or both by an unregistered supplier to a registered person<\/li><\/ul>\n\n\n\n
All the provisions of the relevant GST law shall apply to the recipient in the aforesaid cases as if he is the person liable for paying the tax in relation to the supply of such goods or services or both.<\/p>\n\n\n\n
JOIN THE CHANNEL ON TELEGRAM<\/strong><\/p>\n\n\n\n
https:\/\/t.me\/commerceiets<\/a><\/p>\n\n\n\n
CONNECT ON LINKEDIN<\/strong><\/p>\n\n\n\n
https:\/\/www.linkedin.com\/in\/kajal-mahajan-7549b2197\/<\/a><\/p>\n\n\n\n
- Aviation\nturbine fuel <\/li><\/ul><\/li><\/ul>\n\n\n\n
- Natural gas <\/li><\/ul>
- Motor spirit\n(commonly known as petrol) <\/li><\/ul>
- high speed\ndiesel <\/li><\/ul>
- Petroleum\ncrude
- Shall be paid\nby the taxable person. <\/li><\/ul><\/li><\/ul>\n\n\n\n
- Collected in\nsuch a manner as may be prescribed<\/li><\/ul>
- At such a\nrate (maximum 40%,) as notified by the Central Government on recommendation of GST\nCouncil<\/li><\/ul>
- On the value\ndetermined u\/s 15 of CGST Act, 2017<\/li><\/ul>
- On all the\ninter-state supplies of goods or services or both, except on supply of\nalcoholic liquor for human consumption;