Sec 5, Levy and Collection, IGST Act,2017

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Section 5 of IGST Act,2017, Levy and collection

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The below post explains about Levy and Collection under section 5 of IGST Act,2017.

Section 5 of IGST Act, 2017 explains Levy and Collection as below: (The amendments if any will also be updated here soon).

The extract of Section 5 of IGST Act,2017 quoted below:

5  Levy and Collection

5. (1) Subject to the provisions of sub-section (2), there shall be levied a tax called the

integrated goods and services tax on all inter-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 of the Central Goods and Services Tax Act and at such rates, not exceeding

forty per cent., as may be notified by the Government on the recommendations of the

Council and collected in such manner as may be prescribed and shall be paid by the taxable

person:

Provided that the integrated tax on goods imported into India shall be levied and

collected in accordance with the provisions of section 3 of the Customs Tariff Act, 1975 on

the value as determined under the said Act at the point when duties of customs are levied on

the said goods under section 12 of the Customs Act, 1962.

(2) The integrated 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.

  (3) The Government may, on the recommendations of the Council, by notification,

specify 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.

(4) The integrated tax in respect of the supply of taxable goods or services or both by

a supplier, who is not registered, to a registered person shall be paid by such person on

reverse charge basis as the recipient 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.

(5) The Government may, on the recommendations of the Council, by notification,

specify categories of services, the tax on inter-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 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.

The above