What is the difference between Commission Agent and Consignment Agent from GST perspective?

Liability is only of Consignment Agent and not of commission agents. The agent will be liable for GST on value goods or services only if he ‘undertakes to supply’ any goods on behalf of any principal (like consignment agent/C&F agent i.e. storing and selling). However, if the agent does not… Continue reading

Whether government company, PSU, Corporations, etc are the considered to be Government?

Corporations, Authority, Statutory Body, etc created by the parliament or state legislature are neither government nor local authority nor government authority. It is a settled position of law (Agarwal Vs. Hindustan Steel AIR 1970 Supreme Court 1150) that the manpower of such statutory authorities or bodies do not become officers subordinate… Continue reading

Can Confiscation/recovery (Section 79) of Goods (property) by government can be said to be supply for consideration?

No since tax does not result any performance on the part of public authorities nor it results any performance on the part of person paying tax to be qualified as consideration. However, clause 1st of schedule 1st covers transactions of permanent transfer of business assets without consideration which shall be considered to… Continue reading

Works contract has been classified as services. What is its constitutional validity?

As per Article 366(29A)(b) of Constitution, ‘tax on sale or purchase of goods’ includes ‘a tax on transfer of property in goods (whether as goods or in the same form) involved in the execution of a works contract’. Therefore, constitution states it is ‘goods’ but GST law classify it as… Continue reading