Bare ActsThe JAMMU AND KASHMIR GOODS AND SERVICES TAX ACT, 2017

Section 1

Substituted by S

Amendment status not verified — confirm the current text below against the official source.

Substituted by S.O. 3466 (E) dated 05.10.2020. 236 GOODS AND SERVICES TAX ACT, 2017 (b) where a supply is made from a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment ; (c) where a supply is made from more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the provisions of the supply ; and (d) in absence of such places, the location of the usual place of residence of the supplier ; (72) “manufacture” means processing of raw material or inputs in any manner that results in emergence of a new product having a distinct name, character and use and the term “manufacturer” shall be construed accordingly ; (73) “market value” shall mean the full amount which a recipient of a supply is required to pay in order to obtain the goods or services or both of like kind and quality at or about the same time and at the same commercial level where the recipient and the supplier are not related ; (74) “mixed supply” means two or more individual supplies of goods or services, or any combination thereof, made in conjunction with each other by a taxable person for a single price where such supply does not constitute a composite supply. Illustration:–– A supply of a package consisting of canned foods, sweets, chocolates, cakes, dry fruits, aerated drinks and fruit juices when supplied for a single price is a mixed supply. Each of these items can be supplied separately and is not dependent on any other. It shall not be a mixed supply if these items are supplied separately ; (75) “money” means the Indian legal tender or any foreign currency, cheque, promissory note, bill of exchange, letter of credit, draft, pay order, traveller cheque, money order, postal or electronic remittance or any other instrument recognised by the Reserve Bank of India when used as a consideration to settle an obligation or exchange with Indian legal tender of another denomination but shall not include any currency that is held for its numismatic value ; GOODS AND SERVICES TAX ACT, 2017 237 (76) “motor vehicle” shall have the same meaning as assigned to it in clause (28) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988) ; (77) “non-resident taxable person” means any person who occasionally undertakes transactions involving supply of goods or services or both, whether as principal or agent or in any other capacity, but who has no fixed place of business or residence in India ; (78) “non-taxable supply’’ means a supply of goods or services or both which is not leviable to tax under this Act or under the Integrated Goods and Services Tax Act ; (79) “non-taxable territory” means the territory which is outside the taxable territory ; (80) “notification” means a notification published in the Government Gazette and the expressions ‘notify’ and ‘notified’ shall be construed accordingly ; (81) “other territory” includes territories other than those comprising in a State and those referred to in sub-clauses (a) to (e) of clause (114) ; (82) “output tax” in relation to a taxable person, means the tax chargeable under this Act on taxable supply of goods or services or both made by him or by his agent but excludes tax payable by him on reverse charge basis ; (83) “outward supply” in relation to a taxable person, means supply of goods or services or both, whether by sale, transfer, barter, exchange, licence, rental, lease or disposal or any other mode, made or agreed to be made by such person in the course or furtherance of business ; (84) “person” includes–– (a) an individual ; (b) a Hindu Undivided Family ; (c) a company ; (d) a firm ; 238 GOODS AND SERVICES TAX ACT, 2017 (e) a Limited Liability Partnership ; (f) an association of persons or a body of individuals, whether incorporated or not, in India or outside India ; (g) any corporation established by or under any Central Act, State Act or Provincial Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013) ; (h) any body corporate incorporated by or under the laws of a country outside India ; (i) a co-operative society registered under any law relating to cooperative societies ; (j) a local authority ; (k) Central Government or a State Government ; (l) society as defined under 1[the Societies Registration Act, 1860 (21 of 1860)] ; (m) trust ; and (n) every artificial juridical person, not falling within any of the above ; (85) “place of business” includes–– (a) a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, supplies or receives goods or services or both ; or (b) a place where a taxable person maintains his books of account ; or (c) a place where a taxable person is engaged in business through an agent, by whatever name called ;

Section 1 – The JAMMU AND KASHMIR GOODS AND SERVICES TAX ACT, 2017 | DailyLaw.ai