Levy and Collection – Section 9 of CGST Act
Levy provisions are contained in Section 9 of CGST Act and corresponding provisions in State and Union Territory GST laws enabling Central Government, State Government or Union Territory to levy and collect tax on intra-state supply of goods or The relevant provisions and prescribed notifications are as under:
Section 9(1) | |||||||||||||||||||||||||||
Subject to provisions of sub-section (2) there shall be levied a tax called the central goods and services tax on all intra-State supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 and at such rates, not exceeding twenty per cent., as may be notified by the Government Notified rates on the recommendations of the Council and collected in such manner as may be prescribed and shall be paid by the taxable person.
Section 9(1) of CGST Act read with corresponding levy provision in various State and Union Territory GST legislation permits the levy of the tax not exceeding 40%. The government is empowered to prescribe different tax rates for different class of goods and services subject to maximum cap of 40%. The various tax rates notified till date are as under:
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Section 9(2) | |||||||||||||||||||||||||||
The central tax on the supply of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel shall be levied with effect from such date as may be notified by the Government on the recommendations of the Council. | |||||||||||||||||||||||||||
Section 9(3) | |||||||||||||||||||||||||||
The Government may, on the recommendations of the Council, by notification, specify the categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both.
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Section 9(4) | |||||||||||||||||||||||||||
Government may, on the recommendations of the Council, by notification, specify a class of registered persons who shall, in respect of supply of specified categories of goods or services or both received from an unregistered supplier, pay the tax on reverse charge basis as the recipient of such supply of goods or services or both, and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to such supply of goods or services or both.
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Section 9(5) |
The Government may, on the recommendations of the Council, by notification, specify categories of services the tax on intra- State supplies of which shall be paid by the electronic commerce operator if such services are supplied through it, and all the provisions of this Act shall apply to such electronic commerce operator as if he is the supplier liable for paying the tax in relation to the supply of such services Provided that where an electronic commerce operator does not have a physical presence in the taxable territory, any person representing such electronic commerce operator for any purpose in the taxable territory shall be liable to pay tax: Provided further that where an electronic commerce operator 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.
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REVERSE CHARGE MECHANISM (RCM) – SECTION 9(3) AND 9(4) OF CGST ACT
Generally, the onus to pay GST to the exchequer is on the supplier of goods or services. However, GST legislation casts the responsibility on recipient to discharge GST liability on procurement of specified goods or services or procurement from unregistered suppliers. This is popularly known as Reverse Charge Mechanism (‘RCM’). All the provisions of CGST Act shall apply to such recipient as if he is a person liable to pay tax in relation to supply of goods or services or both. The reverse charge will trigger if and only if there is a charge or levy on goods or services or both u/s 9(1) of CGST Act. If the goods or services are non-taxable or exempt, the reverse charge would not trigger.
Specified supplies covered under RCM:
Nature of Services | Service Provider | Service Recipient |
Goods Transport Agency (‘GTA’) services where GTA has not opted to pay tax @ 12% | Goods Transport Agency |
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Legal Services | Individual Advocate (Including Senior Advocate) | Business Entity |
Arbitral tribunal | An arbitral tribunal | Business Entity |
Sponsorship services | Any person | Body corporate / Partnership firm |
Services provided by Directors | A director of a company or a body corporate | Company / Body corporate |
Services by Central Government (‘CG’) / State Government (‘SG’)/Union Territory (‘UT’) or Local Authority (‘LA’) excluding:
| Central Government, State Government, Union Territory or Local Authority | Business Entity |
Service of Renting of immovable property by Central Government, State Government, Union Territory or Local Authority | Central Government, State Government, Union Territory, Local Authority | Person registered under GST |
Services by insurance Agent | An insurance agent | Person carrying on business of insurance |
Services by a recovery agent | A recovery agent | Bank / Financial institution / NBFC |
Services by way of transfer or permitting the use or enjoyment of a copyright covered under clause (a) of sub-section (1) of section 13 of the Copyright Act, 1957 relating to original literary dramatic, musical or artistic works | Author, Music composer Photographer, Artist or the like | Publisher, Music company, Producer, or the like located in taxable territory |
Services by members of Overseeing Committee to Reserve Bank of India (‘RBI’) | Members of Overseeing Committee | Reserve Bank of India |
Services by Direct Selling Agents (DSAs) | Individual Direct Selling Agents (DSAs) other than a body corporate, partnership or limited liability partnership firm | Bank / NBFC |
Services provided by business facilitator (‘BF’) | Business Facilitator | Bank |
Services by an agent of Business Correspondent | Agent of business correspondent | Business Correspondent |
Security services | Person other than body corporate | A registered person under GST |
Services of lending of securities under Securities Lending Scheme, 1997 (“Scheme”) of Securities and Exchange Board of India (“SEBI”), as amended | Lender i.e. a person who deposits the securities registered in his name or in the name of any other person duly authorised on his behalf with an approved intermediary for the purpose of lending under the Scheme of SEBI | Borrower i.e. a person who borrows the securities under the Scheme through an approved intermediary of SEBI |
Renting of motor vehicle | Person other than body corporate paying taxes @ 5% (with ITC only of input service in the same line of business) | A body corporate |
Procurement of goods or services exceeding 20% in a Financial Year for a residential or RREP project from unregistered suppliers | Unregistered Supplier | Promoter Developer who is opting for tax rate of 5% or 1% in respect of residential or RREP project (This is effective from 01.04.2019) |
Procurement of cement or capital goods in a Financial Year for a residential or RREP project from unregistered suppliers | Unregistered Supplier | Promoter Developer who is opting for tax rate of 5% or 1% in respect of residential or RREP project (This is effective from 01.04.2019) |
Development rights, FSI, TDR etc. procured on or after 01.04.2019 where it is attributable to unsold residential units as on project completion date or where it is used for construction of commercial units | Any Person | Promoter |
Long term lease of land (30 years or more) procured on or after 01.04.2019 where it is attributable to unsold residential units as on project completion date or where it is used for construction of commercial units | Any Person | Promoter |
Any service by a person located in non- taxable territory | Person located in non-taxable territory | Any person located in taxable territory other than non-taxable online recipient |
Services supplied by a person located in non-taxable territory by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India. | Person located in non-taxable territory | Importer |
Specified goods covered under RCM
Description of goods | Supplier | Recipient |
Cashew nuts, not shelled or peeled (0801) | Agriculturist | Registered person |
Bidi wrapper leaves (1404 90 10) | Agriculturist | Registered person |
Tobacco leaves (2401) | Agriculturist | Registered person |
Silk yarn (5004 to 5006) | Any person who manufactures silk yarn from raw silk or silk worm cocoons for supply of silk yarn | Registered person |
Raw Cotton (5201) | Agriculturist | Registered person |
Supply of lottery | State Government, Union Territory or Local Authority | Lottery distributor or selling agent |
Used vehicles, seized and confiscated goods, old and used goods, waste and scrap (Any chapter) | Central Government, State Government, Union Territory or Local Authority | Registered person |
Exemption under GST
Under any taxation system, government grants various exemptions from tax owing to socio-economic reasons. For instance, education services were exempt under Service tax legislation. In GST era, the government has exempted supply of certain goods or services through various notifications. These goods or services are regarded as “Exempt Supply”.
Power to grant exemption
Section 11(1) of CGST Act empowers the Government to exempt goods or services or both from GST on recommendation of GST Council. The exemption may be in full or part. Once the exemption is granted, the registered person shall not collect the tax to the extent of exemption. Section 11(2) of CGST Act empowers Government to grant exemption by issuing special order under exceptional circumstances.
Absolute Exemption – Government can exempt goods or services or both absolutely (i.e. without any condition). Example - Transportation of agriculture produce by GTA.
Conditional Exemption – Government can exempt goods or services or both, only when registered person satisfies specified conditions. Example – Transfer of TDR is exempt provided same is used for sale of under construction residential flats.
Conditional and partial exemption - Government can exempt goods or services or both from part of GST when registered person satisfies specified conditions. Example - Services of GTA is taxable at the rate of 5% (not 12%) provided ITC on goods or services are not taken by GTA.
Exempt Supply
Section 2(47) of CGST Act defines the term “exempt supply” to mean supply of any goods or services or both:
GST & Indirect Taxeswhich attracts nil rate of tax;
- which may be wholly exempt from tax u/s 11 of CGST Act, or u/s 6 of IGST Act; and
includes non-taxable supply
Non-taxable supply
Section 2(78) of CGST Act defines the term “non-taxable supply” to mean a supply of goods or services which is not leviable to tax under CGST Act or IGST Act.
Section 9 of CGST Act creates levy on supply of goods or services. However, following supplies are excluded from the scope of GST levy:
supply of alcoholic liquor for human consumption
supply of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel
Both the above supplies would be Non-taxable supply under GST.
Exemption in respect of supply of goods
Exemption in respect of goods is provided by prescribing ‘Nil’ rate of tax under Notification No. 2/2017-CT(R) dated 28.06.2017 (As amended from time to time). The readers are requested to refer to following notifications granting exemption in respect of goods
Notification No. 2/2017 – CT (R) dtd. 28.06.2017 | Notification No. 7/2018 – CT (R) dtd. 25.01.2018 |
Notification No. 7/2017 – CT (R) dtd. 28.06.2017 | Notification No. 9/2018 – CT (R) dtd. 25.01.2018 |
Notification No. 26/2017 – CT (R) dtd. 21.09.2017 | Notification No. 19/2018 – CT (R) dtd. 26.07.2018 |
Notification No. 28/2017 – CT (R) dtd. 22.09.2017 | Notification No. 25/2018 – CT (R) dtd. 31.12.2018 |
Notification No. 35/2017 – CT (R) dtd. 13.10.2017 | Notification No. 9/2019 – CT (R) dtd. 29.03.2019 |
Notification No. 42/2017 – CT (R) dtd. 14.11.2017 | Notification No. 18/2019 – CT (R) dtd. 30.09.2019 |
Notification No. 45/2017 – CT (R) dtd. 14.11.2017 | Notification No. 19/2019 – CT (R) dtd. 30.09.2019 |
Notification No. 9/2021 – CT (R) dtd. 30.09.2021 | Notification No. 19/2021 – CT (R) dtd. 28.12.2021 |
Exemption in respect of supply of services
Exemption in respect of services is provided under Notification No. 12/2017-CT(R) dated 28.06.2017 (As amended from time to time). The readers are requested to refer to following notifications granting exemption in respect of services.
Notification No. 12/2017 – CT (R) dtd. 28.06.2017 | Notification No. 14/2018 – CT (R) dtd. 26.07.2018 |
Notification No. 21/2017 – CT (R) dtd. 22.08.2017 | Notification No. 22/2018 – CT (R) dtd. 06.08.2018 |
Notification No. 25/2017 – CT (R) dtd. 21.09.2017 | Notification No. 23/2018 – CT (R) dtd. 20.09.2018 |
Notification No. 30/2017 – CT (R) dtd. 29.09.2017 | Notification No. 28/2018 – CT (R) dtd. 31.12.2018 |
Notification No. 32/2017 – CT (R) dtd. 13.10.2017 | Notification No. 4/2019 – CT (R) dtd. 29.03.2019 |
Notification No. 47/2017 – CT (R) dtd. 14.11.2017 | Notification No. 13/2019 – CT (R) dtd. 31.07.2019 |
Notification No. 2/2018 – CT (R) dtd. 25.01.2018 | Notification No. 21/2019 – CT (R) dtd. 30.09.2019 |
Notification No. 28/2019 – CT (R) dtd. 31.12.2019 | Notification No. 05/2020 – CT (R) dtd. 16.10.2020 |
Notification No. 7/2021 – CT (R) dtd. 30.09.2021 | Notification No. 16/2021 – CT (R) dtd. 18.11.2021 |
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