Test Series: October, 2020

MOCK TEST PAPER

FINAL (NEW) COURSE: GROUP – II
PAPER 8: INDIRECT TAX LAWS
Maximum Marks: 100 Marks Time Allowed: 3 Hours
Notes:
(i) Working Notes should form part of the answer. However, in answers to Question in Division A, working
notes are not required.
(ii) Wherever necessary, suitable assumptions may be made by the candidates and disclosed by way of a
note.
(iii) All questions should be answered on the basis of position of (i) GST law as amended up to 30th April,
2020 and (ii) Customs law as amended by the Finance Act, 2019 and notifications/circulars issued till
30th April, 2020.
(iv) The GST rates for goods and services mentioned in various questions are hypothetical and may not
necessarily be the actual rates leviable on those goods and services. The rates of customs duty are
also hypothetical and may not necessarily be the actual rates. Further, GST compensation cess
should be ignored in all the questions, wherever applicable.
Division A: Multiple Choice Questions (30 marks)
Write the most appropriate answer to each of the following multiple choice questions by choosing
one of the four options given. All questions are compulsory.
Each MCQ under Question No. 1 & 2 carries 2 Marks each
1. William & Sons (WS) is a registered partnership firm engaged in manufacturing activity in the state of
Rajasthan under GST. In the month of July, following transactions were undertaken by WS:
(a) Intra-state sale of goods worth ` 10,00,000. Out of such sale, ` 5,00,000 worth of goods were
liable to GST at 28% and balance were liable to GST at 18%.
(b) Intra-state purchase of goods worth ` 10,00,000 which is liable to GST at 28%.
(c) WS intended to transfer the business as going concern to Morgan & Sons (MS) on 31 st July. As
per the terms of transfer, WS will transfer all the business assets worth ` 50,00,000 and all the
liabilities valued at ` 60,00,000.
(d) WS, on account of such transfer, paid gift worth ` 50,000 to its 3 employees as a reward towards
their services to the firm.
During the month of September, MS received the notice from the authorities for outstanding liability of
GST for ` 5,00,000 pertaining to the period before transfer of business by WS. Such liability was
determined after the transfer of business. For this purpose, assume that all the assets and liabilities
were transferred by WS to MS.
The balance of input tax credit as on 1 st July for the WS is Nil.
GST is applicable in the aforesaid case scenario at the following rates unless otherwise specified:
CGST - 9%, SGST - 9%, IGST - 18%.
All the amounts given above are exclusive of GST, wherever applicable.

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 Basis the aforesaid case scenario, please answer the following questions:
(I) The gross GST liability (without set off of input tax credit) of WS fo r the month of July is-
(a) 2,32,000
(b) 2,80,000
(c) 25,000
(d) 2,30,000
(II) In case of transfer of business to MS, what is the amount of input tax credit which shall stand
transferred to MS?
(a) ` 25,000
(b) ` 50,000
(c) Nil. In case of partnership firm input tax credit cannot be transferred on account of transfer
of business.
(d) Nil as the value of liabilities is more than the value of assets.
(III) Suppose there is no transfer of business to MS, what is the amount of input tax credit lying in
input tax credit ledger, if any, which can be claimed as refund by WS for the month of July?
(a) ` 50,000 under inverted duty structure
(b) Nil. Since WS is making outward supply of 28% also, the balance credit shall be carried
forward.
(c) ` 23,000 under inverted duty structure
(d) ` 25,000 under inverted duty structure
(IV) Who is liable to discharge the liability of ` 5,00,000 on account of notice received by MS in the
month of September?
(a) MS as the business is transferred by WS in July and notice was received in September
(b) WS as the notice pertains to liability before transfer of business
(c) Liability on MS only up to the amount of input tax credit transferred by WS
(d) MS and WS jointly and severally liable
(V) Suppose WS transfers the business as a going concern and transfers all the assets and liabilities
of such business for a lumpsum amount to MS, the transaction shall be:
(a) treated as taxable supply liable to GST under forward charge as WS is a registered person
(b) liable to GST in the hands of MS under reverse charge basis
(c) exempted from GST
(d) liable to GST only for assets on which input tax credit is availed (5 x 2 Marks=10 Marks)
2. M/s KLM Ltd is a large publishing and printing house registered in Maharashtra having Single GSTIN,
engaged in supply of books, letter cards, envelopes, guides and reference materials. KLM Ltd. has
front offices in Mumbai & Nagpur for receiving the orders; orders are supplied to front office or
supplied to recipient directly depending on order from the workshop located at Nagpur.

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 During March, 2020, KLM Ltd. received a proposal for printing of 5,000 copies of Taxation book from a
renowned author where only content will be supplied by the author. KLM Ltd. agreed to supply the
books. As per requirement of the author, 2500 copies were supplied from workshop to Nagpur front
office and 2500 copies to Mumbai front office from where the author collected books.
Satisfied with quality of books, author placed order of 10,000 pieces of letterhead during April, 2020,
the design and logo was supplied by the author for printing. Due to these orders KLM Ltd earned a
handsome amount of profit and decided to gift employees for their performance, accordingly KLM Ltd
gifted android mobile phone worth ` 36,500 each to all its 45 employees.
In relation to the above, answer the following questions:
I. Supply of taxation books by KLM Ltd is:
(a) Composite supply, principal supply being “supply of service”
(b) Composite supply, principal supply being “supply of goods”
(c) Mixed supply
(d) At the choice of the KLM Ltd (I.e. KLM Ltd may treat it as a supply of goods or service or
mixed supply) and pay tax accordingly.
II. Supply of Letterheads by KLM Ltd will be treated as:
(a) Composite supply, principal supply being “supply of service”
(b) Composite supply, principal supply being “supply of goods”
(c) Mixed supply
(d) At the choice of the KLM Ltd (I.e. KLM Ltd may treat it as a supply of goods or supply of
service or mixed supply) and pay tax accordingly.
III. Distribution of mobiles to employees by KLM Ltd will be:
(a) Treated as deemed supply as per Para –2 of Schedule –I, because the aggregate value of
mobile phones is more than Rs 50,000.
(b) Not to be treated as deemed supply as per para 2 of schedule-I, because value of the
mobile phone is less than ` 50,000 per employee.
(c) Treated as deemed supply as per Para –2 of Schedule –I, because the value of mobile
phone is more than Rs 25,000 per employee.
(d) Treated as deemed supply as per Para –2 of Schedule –I, because the value of mobile
phone is more than Rs 35,000 per employee.
IV. In relation to taxability of supplies of copies from workshop to front office:
(a) Transfer from workshop to Nagpur front office will be treated as stock transfer not liable to
GST; however transfer from workshop to the Mumbai front office will be treated as branch
transfer between distinct persons liable to GST.
(b) Transfer from the workshop to Nagpur front office and Mumbai Front office will be treated as
stock transfer between distinct persons liable to GST.
(c) Transfer from the workshop to Nagpur front office and Mumbai Front office will be treated as
stock transfer not liable to GST.

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 (d) Transfer from workshop to the Mumbai front office will be treated as stock transfer not liable
to GST, however transfer from workshop to the Nagpur front office will be treated as branch
transfer between distinct persons liable to GST. (4 x 2 Marks=8 Marks)
3. Byomkesh Mukherjee & Sons, a registered person located in the state of West Bengal, is engaged in
the supply of taxable goods. He desires to take part in a trade fair to be held in State of Gujarat for
supply of such goods. He does not have fixed place of business in Gujarat. Which of the following
statement(s) is correct in the context of obtaining registration in Gujarat?
(a) He has to obtain registration as regular tax payer under section 22 of the CGST Act
(b) He has to obtain registration as composition tax payer under section 10 of the CGST Act
(c) He has to obtain registration as casual taxable person as defined under section 2(20) of the
CGST Act
(d) He is not required to obtain registration if his aggregate turnover does not exceed ` 40 lakh.
(2 Marks)
4. A person purchases new battery in exchange of old battery and balance payment of ` 3500 in money.
The price of the new battery without exchange is ` 15,000. Which one is correct regarding GST
liability on the transaction?
(a) GST is payable on ` 3500 + open market value of old battery.
(b) GST is payable on ` 3500
(c) GST is payable on open market value of new battery, i.e. ` 15,000
(d) GST is payable on value of battery of like kind or quality (2 Marks)
5. Countervailing duty under section 9 of the Customs Tariff Act shall not be levied unless it is
determined that:
(i) Subsidy relates to export performance;
(ii) Subsidy relates to use of domestic goods over imported goods in export article;
(iii) Subsidy is conferred on all persons engaged in the manufacture of export article.
(a) All of above
(b) Only (iii)
(c) (ii) and (iii)
(d) (i) and (ii) (2 Marks)
6. Anti-Dumping duty is calculated as
(a) Higher of margin of dumping or injury margin
(b) Lower of margin of dumping or injury margin
(c) Higher of export price or normal value
(d) Lower of export price or normal value (2 Marks)
7. Which of the following is not considered as a supply under the CGST Act, 2017?
(a) Importation of architectural services for `1,00,000/- for construction of residential property used
for personal purposes from unrelated person.

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 (b) Importation of architectural services free of cost for construction of office used for business
purposes from related person.
(c) Importation of architectural services free of cost for construction of office used for business
purposes from unrelated person.
(d) Both (a) and (c) (2 Marks)
8. If a taxable person has done the following act, inspection can be ordered:
(i) Suppression of any transaction of supply of goods or services
(ii) Suppression of stock of goods in hand
(iii) Contravention of any provision of the GST law to evade tax
(a) (i) and (ii)
(b) (ii) and (iii)
(c) (i) and (iii)
(d) (i), (ii) and (iii) (1 Mark)
9. The taxable event under the Customs Act, 1962 is:
(a) Import of goods into India/ export of goods from India;
(b) Supply of goods into India/ Supply of goods from India to outside India;
(c) Sale of goods into India/ Sale of goods outside India;
(d) Manufacture of goods into India for supply outside India. (1 Mark)

Division B: Descriptive Questions (70 Marks)

Question no. 1 is compulsory. Attempt any four questions out of the remaining five questions.
1. ABC Company Ltd. of Bengaluru is a manufacturer and registered supplier of machine. It has provided
the following details for the month of November, 2019.
Details of GST paid on inward supplies during the month:
Items GST paid
(`)
Health insurance of factory employees as required by Factory Act 20,000
Raw materials for which invoice has been received and GST has also been paid for 18,000
full amount but only 50% of material has been received, remaining 50% will be
received in next month.
Work contractor’s service used for installation of plant and machinery. 12,000
Purchase of manufacturing machine directly sent to job worker’s premises under 50,000
challan.
Purchase of car used by director for the business meetings only. 25,000
Outdoor catering service availed for business meetings. 8,000
ABC Company Ltd. also provides service of hiring of machines along with man power for operation. As
per trade practice machines are always hired out along with operators and also operators are supplied
only when machines are hired out.
Receipts on outward supply (exclusive of GST) for the month of November, 2019 are as follows:
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 Items Outward Supply (`)
Hiring receipts for machine 5,25,000
Service charges for supply of man power operators 2,35,000
Assume all the transactions are inter State and the rates of IGST to be as under:
(i) Service of hiring of machine 12%
(ii) Supply of man power operator service 18%
Compute the amount of input tax credit available and also the net GST payable for the month of
November, 2019 by giving necessary explanations for treatment of various items.
Note: Opening balance of input tax credit is Nil. (14 Marks)
2. (a) Mr. Nagarjun, a registered supplier of Chennai, has received the following amounts in respect of
the activities undertaken by him during the month ended on 30 th September, 2019:
S. No. Particulars Amount (`)
(i) Amount charged for service provided to recognized sports body as 50,000
selector of national team.
(ii) Commission received as an insurance agent from insurance 65,000
company.
(iii) Amount charged as business correspondent for the services 15,000
provided to the urban branch of a nationalized bank with respect to
savings bank accounts.
(iv) Service to foreign diplomatic mission located in India. 28,000
(v) Funeral services. 30,000

He received the services from unregistered goods transport agency for his business activities and
paid freight of ` 45,000 (his aggregate turnover of previous year was ` 9,90,000).
Note: All the transactions stated above are intra-State transactions and also are exclusive of
GST.
You are required to calculate gross value of taxable supply on which GST is to be paid by
Mr. Nagarjun for the month of Septembe, 2019. Working notes should form part of your answer.
(9 Marks)
(b) Compute the total duty and integrated tax payable under the Customs Law on an imported
equipment based on the following information:
(i) Assessable value of the imported equipment US $ 10,100
(ii) Date of bill of entry is 25.4.2019. Basic customs duty on this date is 10% and exchange
rate notified by the Central Board of Indirect taxes and Customs is US $ 1 = ` 72.
(iii) Date of entry inwards is 21.4.2019. Basic customs duty on this date is 20% and exchange
rate notified by the Central Board of Indirect taxes and Customs is US $ 1 = ` 70.
(iv) Integrated tax: 12%
(v) Social Welfare surcharge 10%
Make suitable assumptions where required and show the relevant workings and round off y our
answer to the nearest rupee.
Note: Ignore GST Compensation Cess. (5 Marks)
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3. (a) Raman Row, a registered supplier under GST in Mumbai, Maharashtra is directed by Nero
Enterprises, Kolkata, West Bengal to deliver goods valued at ` 12,00,000 to Fabricana of
Aurangabad in Maharashtra. Raman Row makes out an invoice at 9% tax rate under CGST and
SGST respectively (scheduled rate) and delivers it locally in Maharashtra.
Discuss and comment on the above levy of tax and determine the tax liability of goods in the
above circumstances. (5 Marks)
(b) Determine taxable value of supply under the GST law with respect to each of the following
independent services provided by the registered persons:
(1) Fees charged from office staff for in-house personality development course conducted by
M.V. College - ` 10,000. M. V. College provides education as a part of a curriculum for
obtaining a qualification recognised by a law
(2) Bus fees collected from students by M.V. College - ` 2,500 per month.
(3) Housekeeping service provided by M/s. Clean well to Himavarsha Montessori school in its
premises, a play school - ` 25,000 per month.
(4) Info link supplied ''Tracing Alphabets", an online educational journal, to students of UKG
class of Sydney Montessori School - ` 2,000. (4 Marks)
(c) Determine the customs duty payable under the Customs Tariff Act, 1975 including the safeguard
duty of 30% under section 8B of the said Act with the following details available on hand:
Assessable value of Sodium Nitrite imported from a developing country from ` 30,00,000
26th February, 2019 to 25th February, 20209 (both days inclusive)
Share of imports of Sodium Nitrite from the developing country against total 4%
imports of Sodium Nitrite to India
Basic custom duty 10%
Integrated tax 12%
Social welfare surcharge 10%

Note: Ignore GST compensation cess. (5 Marks)

4. (a) Pari & Sons is an unregistered dealer. On 10 th August, 2019 aggregate turnover of Pari & Sons
exceeded ` 20,00,000. The firm applied for registration on 27 th August, 2019 and was granted
the registration certificate on 1 st September, 2019.
Under CGST Rules, 2017, you are required to advise Pari & Sons as to what is the effective date
of registration in its case. It has also sought your advice regarding period for issuance of revised
tax invoices. (5 Marks)
(b) Bedi Manufacturers, a registered person, instructs its supplier to send the capital go ods directly
to Rajesh Enterprises, who is a job worker, outside its factory premises for carrying out certain
operations on the goods. The goods were sent by the supplier on 10-04-2019 and were received
by the job worker on 15-04-2019. Rajesh Enterprises carried out the job work, but did not return
the capital goods to their principal - Bedi Manufacturers. Discuss whether Bedi Manufacturers are
eligible to retain the input tax credit availed by them on the capital goods. What action un der the
GST is required to be taken by Bedi Manufacturers.
What would be your answer if in place of capital goods, jigs and fixtures are supplied to the job
worker and the same has not been returned to the principal? (4 Marks)

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 (c) An importer imported certain inputs for manufacture of final product. A small portion of the
imported inputs were damaged in transit and could not be used in the manufacture of the final
product. An exemption notification was in force providing exemption in respect of specified r aw
materials imported into India for use in manufacture of specified goods, which was applicable to
the imports made by the importer in the present case.
Briefly examine whether the importer could claim the benefit of the aforesaid notification in
respect of the entire lot of the inputs imported including those that were damaged in transit.
(5 Marks)
5. (a) On 05.07.2019, a show cause notice for ` 5,00,000 was issued to Mr. Vijay Kumar Sharma
demanding short payment of GST of ` 4,50,000 for the month of January, 2019 and also interest
of ` 50,000.
Mr. Sharma raised objections and after personal hearing on 30.08.2019, adjudicating authority
passed the final order for ` 3,50,000 for GST, without any reference with regard to payment of
interest.
Mr. Sharma deposited the tax of ` 3,50,000 on 02.09.2019 and informed the department on the
same day. Subsequently, on 15.09.2019, department demanded payment of interest of ` 60,000
on GST of ` 3,50,000.
Mr. Vijay Kumar Sharma is not ready to pay any interest. His contention is that he is not liable for
interest because he deposited all the amount specified in the final adjudication order.
Examine with a brief note the validity of the action taken by the Department with reference to
provisions of the CGST Act, 2017. (5 Marks)
(b) Shagun started supply of services in Vasai, Maharashtra from 01.01.2020. Her turnover
exceeded ` 20 lakh on 25.01.2020. However, she didn’t apply for registration. Determine the
amount of penalty, if any, that may be imposed on Shagun on 31.03.20 20, if the tax evaded by
her, as on said date, on account of failure to obtain registration is ` 1,26,000. (4 Marks)
(c) Mr. N has, over three consignments of 200, 400 and 400 units, imported a total of 1,000 units of
an article "ZEP", which has been valued at ` 1,150 per unit. The customs duty on this article has
been assessed ` 250 per unit. He adds his profit margin ` 350 per unit and sells the article for
` 1,750 per unit.
After one month of selling the entire consignment of article "ZEP", Mr. N found that there had
been an error in payment of amount of duty, in which duty for the consignment of 200 units was
paid as if it was 400 units, resulting in excess payment of duty. Mr. N files an application for
refund for ` 50,000 (200 X 250). Is the bar of unjust enrichment attracted? (5 Marks)
6. (a) With reference to section 54(3) of the CGST Act, 2017, mention the cases where refund of
unutilised input tax credit is allowed. (5 Marks)
(b) Explain the safeguards provided under section 69 of CGST Act, 2017, to a person who is placed
under arrest? (4 Marks)
(c) What are the salient features of Duty-Free Import Authorization Scheme (DFIA)? Which duties
are exempted under this scheme? (5 Marks)

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 Test Series: October, 2020
MOCK TEST PAPER
FINAL (NEW) COURSE: GROUP – II
PAPER 8: INDIRECT TAX LAWS
SUGGESTED ANSWERS
Division A
1 I (d)
II (b)
III (a)
IV (d)
V (c)
2 I (a)
II (b)
III (b)
IV (c)
3 (c)
4 (c)
5 (d)
6 (b)
7 (c)
8 (d)
9 (a)

Division B
1. Computation of net GST payable by ABC Company Ltd.
Particulars GST payable
(`)
Gross GST liability [Refer working note (2) below] 91,200
Less: Input tax credit [Refer working note (1) below] 82,000
Net GST liability 9,200
Working Notes:
(1) Computation of Input Tax Credit (ITC) available with ABC Company Ltd. in the month of
November, 2019
Particulars GST (`)
Health insurance of factory employees [Note – 1] 20,000
Raw material received in factory [Note – 2] Nil
Work’s contractor’s service used for installation of plant and machinery [Note -3] 12,000
Manufacturing machinery directly sent to job worker’s premises under challan 50,000
[Note -4]
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 Purchase of car used by director for business meetings only [Note -5] Nil
Outdoor catering service availed for business meetings [Note -6] Nil
Total ITC available 82,000
Notes:
1. ITC of health insurance is available in the given case in terms of proviso to section 17(5)(b)
of the CGST Act, 2017 since it is obligatory for employer to provide health insurance to its
employees under Factory Act -.
2. Where the goods against an invoice are received in lots/ installments, ITC is allowed upon
receipt of the last lot/ installment vide first proviso to section 16(2) of the CGST Act, 201 7.
Therefore, ABC Company Ltd. will be entitled to ITC of raw materials on receipt of second
installment in December, 2019.
3. Section 17(5)(c) of CGST Act, 2017 provides that ITC on works contract services is blocked
when supplied for construction of immovable property (other than plant and machinery)
except when the same is used for further supply of works contract service.
Though in this case, the works contract service is not used for supply of works contract
service, ITC thereon will be allowed since such services are being used for installation of
plant and machinery.
4. ITC on capital goods directly sent to job worker’s premises under challan is allowed in terms
of section 19(5) of CGST Act, 2017 read with rule 45(1) of CGST Rules, 2017.
5. Section 17(5)(a) of CGST Act, 2017 provides that motor vehicle for transportation of
persons having approved seating capacity of not more than 13 persons (including the
driver), except when they are used for making taxable supply of-
(i) further supply of such vehicles,
(ii) transportation of passengers,
(iii) imparting training on driving, flying, navigating such vehicles and
Since ABC Company Ltd is a supplier of machine and it does not use the car for
transportation of goods or any other use as specified, ITC thereon will not be available.
6. Section 17(5)(b)(i) of CGST Act, 2017 provides that ITC on outdoor catering is blocked
except where the same is used for making further supply of outdoor catering or as an
element of a taxable composite or mixed supply.
Since ABC Company Ltd is a supplier of machine, ITC thereon will not be available.
(2) Computation of gross GST liability
Value received Rate of GST GST payable
(`) (`)
Hiring receipts for machine 5,25,000 12% 63,000
Service charges for supply of
manpower operators 2,35,000 12% 28,200
Gross GST liability 91,200
Note:
Since machine is always hired out along with operators and operators are supplied only when the
machines are hired out, it is a case of composite supply, wherein the principal s upply is the hiring
out of machines [Section 2(30) of the CGST Act, 2017 read with section 2(90) of that Act].
Therefore, service of supply of manpower operators will also be taxed at the rate applicable for
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 hiring out of machines (principal supply), which is 12%, in terms of section 8(a) of the CGST Act,
2017.
2. (a) Computation of gross value of taxable supply on which GST is to be paid by Mr. Nagarjun
Particulars Amount
(`)
Supplies on which Mr. Nagarjun is liable to pay GST under forward
charge
Amount charged for service provided to recognized sports body as selector of 50,000
national team [Note 1]
Commission received as an insurance agent from insurance company [Note 2] Nil

Amount charged as business correspondent for the services provided to the 15,000
urban branch of a nationalised bank with respect to savings bank accounts
[Note 3]
Services provided to foreign diplomatic mission located in India [Note 4] 28,000
Funeral services [Note 5] Nil
Supplies on which Mr. Nagarjun is liable to pay GST under reverse
charge
Services received from GTA [Note 6] 45,000
Value of taxable supply on which GST is to be paid 1,38,000

Notes:
(1) Services provided to a recognized sports body by an individual only as a player, referee,
umpire, coach or team manager for participation in a sporting event organized by a
recognized sports body are exempt from GST vide Exemption Notification No. 12/2017
CT(R) dated 28.06.2017. Thus, service provided as selector of team is liable to GST.
(2) Though commission for providing insurance agent’s services is liable to GST, the tax
payable thereon is to be paid by the recipient of service i.e., insurance company, under
reverse charge in terms of Notification No. 13/2017 CT(R) dated 28.06.2017. Thus,
Mr. Nagarjun will not be liable to pay GST on such commission.
(3) Services provided by business correspondent to a banking company with respect to
accounts in its rural area branch are exempt from GST vide Exemption Notification No.
12/2017 CT(R) dated 28.06.2017. Thus, such services provided in respect of urban area
branch will be taxable.
(4) While services provided by a foreign diplomatic mission located in India are exempt from
GST vide Exemption Notification No. 12/2017 CT(R) dated 28.06.2017, services provided to
such mission are taxable.
(5) Funeral services being covered in entry 4 of Schedule III to CGST Act, 2017 are not a
supply and thus, are outside the ambit of GST.
(6) GST on services provided by a GTAto inter alia a registered person is payable by the
recipient of service i.e., the registered person, under reverse charge in terms of Notification
No. 13/2017 CT(R) dated 28.06.2017. The turnover of previous year is irrelevant in this
case.

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 (b) Computation of total customs duty and integrated tax payable
Particulars `
Assessable value ($ 10,100 x 72) [Note-1] 7,27,200.00
Add: Basic custom duty @ 10% [Note-2] 72,720.00
Add: Social Welfare Surcharge @ 10% on ` 72,720 7,272.00
Total 8,07,192.00
Add: Integrated tax @ 12% [Note-3] 96,863.04
Total Customs duty and integrated tax payable (rounded off to 1,76,855
nearest rupee)
Notes:
1. Rate of exchange notified by CBIC as prevalent on the date of filing of bill of entry would be
the applicable rate [Proviso to section 14(1) of Customs Act, 1962].
2. Rate of duty would be the rate as prevalent on the date of filing of bill of entry or entry
inwards whichever is later. [Proviso to section 15 of the Customs Act, 1962].
3. Integrated tax is levied on the sum total of the assessable value of the imported goods,
customs duties and applicable social welfare surcharge.
3. (a) The supply between Raman Row (Mumbai, Maharashtra) and Nero Enterprises (Kolkata, West
Bengal) is a bill to ship to supply where the goods are delivered by the supplier [Raman Row] to
a recipient [Fabricana (Aurangabad, Maharashtra)] or any other person on the direction of a third
person [Nero Enterprises]. In such a case, it is deemed that the said third person has recei ved
the goods and the place of supply of such goods is the principal place of business of such person
[Section 10(1)(b) of IGST Act, 2017].
Accordingly, the place of supply between Raman Row (Mumbai, Maharashtra) and Nero
Enterprises (Kolkata, West Bengal) will be Kolkata and thus, it will be an inter-State supply liable
to IGST. Hence, Raman Row should charge 18% IGST on ` 12,00,000, which comes out to
` 2,16,000.
This situation involves another supply between Nero Enterprises (Kolkata, West Bengal) and
Fabricana (Aurangabad, Maharashtra). The place of supply in this case will be the location of the
goods at the time when the movement of goods terminates for delivery to the recipient i.e.,
Aurangabad, Maharashtra in terms of section 10(1)(a) of IGST Act, 2017. Thus, being an inter-
State supply, the same will also be chargeable to IGST.
(b) (1) As per Notification No. 12/2017 CT (R) dated 28.06.2017, services provided by an
educational institution to its students, faculty and staff are exempt from GS T. Educational
Institution has been defined to mean, inter alia, an institution providing services by way of
education as a part of a curriculum for obtaining a qualification recognised by any law for
the time being in force.
Since M. V. College provides education as a part of a curriculum for obtaining a qualification
recognised by a law, the services provided by it to its staff by way of conducting personality
development course would be exempt from GST.
(2) Since M. V. College provides education as a part of a curriculum for obtaining a qualification
recognised by a law, the transport services provided by it to its students would be exempt
from GST.
(3) As per Notification No. 12/2017 CT (R) dated 28.06.2017, services provided to an
educational institution, by way of, inter alia, house-keeping services performed in such
educational institution are exempt from GST. However, such an exemption is available only
4

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 when the said services are provided to a pre-school education and a higher secondary
school or equivalent.
Therefore, house-keeping services provided to Himavarsha Montessori Play School would
be exempt from GST as housekeeping services have been performed in such play school
itself.
(4) As per Notification No. 12/2017 CT (R) dated 28.06.2017, services provided to an
educational institution by way of supply of online educational journals or periodicals is
exempt from GST. However, such an exemption is available only when the said services are
provided to an educational institution providing education as a part of a curriculum for
obtaining a qualification recognised by any law for the time being in force.
Therefore, supply of online journal to students of UKG class of Sydney Montessori School
will not be exempt from GST. Hence, the taxable value in this cas e will be ` 2,000.
(c) Computation of customs duty and integrated tax payable thereon
Particular Amount (`)
Assessable value of sodium nitrite imported 30,00,000
Add: Basic custom duty @ 10% (` 30,00,000 × 10%) 3,00,000
Safeguard duty @ 30% on ` 30,00,000 [Safeguard duty is imposable in the
given case since share of imports of sodium nitrite from the developing country
is more than 3% of the total imports of sodium nitrite into India (Proviso to
section 8B(1) of the Customs Tariff Act, 1975)] 9,00,000
Social welfare surcharge @ 10% x ` 3,00,000 30,000
Total 42,30,000
Integrated tax (` 42,30,000 × 12%) [Note] 5,07,600
Total customs duty payable 17,37,600
(` 3,00,000 + ` 9,00,000+ ` 30,000+ ` 5,07,600)
Note: It has been clarified by DGFT vide Guidance note that value for calculation of integrated
tax shall also include safeguard duty amount.
4. (a) Section 22(1) of the CGST Act, 2017 provides that every supplier is liable to be regis tered under
this Act in the State or Union territory, other than special category States, from where he makes a
taxable supply of goods or services or both, if his aggregate turnover in a financial year exceeds
the threshold limit.
Section 25(1) of the CGST Act, 2017 provides that a supplier whose aggregate turnover in a
financial year exceeds the threshold limit in a State/UT is liable to apply for registration within 30
days from the date of becoming liable to registration (i.e., the date of crossing the threshold limit).
Where the application is submitted within the said period, the effective date of registration is the
date on which the person becomes liable to registration vide rule 10(2) of the CGST Rules, 2017;
otherwise it is the date of grant of registration in terms of rule 10(3) of the CGST Rules, 2017.
In the given case, since Pari & Sons have applied for registration on 27 .08.2019 which is within
30 days from the date of becoming liable to registration (10.08.20 19), its effective date of
registration is 10.08.2019.
Further, every registered person who has been granted registration with effect from a date earlier
than the date of issuance of registration certificate to him, may issue revised tax invoices in
respect of taxable supplies effected during this period within one month from the date of issuance

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 of registration certificate [Section 31(3)(a) of the CGST Act, 2017 read with rule 53(2) of CGST
Rules, 2017].
In view of the same, Pari & Sons may issue revised tax invoices against the invoices already
issued during the period between effective date of registration (10.08.2019) and the date of
issuance of registration certificate (01.09.2019), on or before 01.10.2019.
(b) As per section 19(5) of the CGST Act, 2017, the principal is entitled to take input tax credit of
capital goods sent for job work even if the said goods are directly sent to job worker.
Further, section 19(6) of the CGST Act, 2017 stipulates that where the capital goods sent directly
to a job worker are not received back by the principal within a period of 3 years of the date of
receipt of capital goods by the job worker, it shall be deemed that such cap ital goods had been
supplied by the principal to the job worker on the day when the said capital goods were received
by the job worker.
In view of aforementioned provisions, Bedi Manufacturers are eligible to retain the input tax credit
availed by them on the capital goods.
However, if the capital goods are not returned by Rajesh Enterprises within 3 years from
15.04.2019 (date of receipt of capital goods by job worker), it shall be deemed that such capital
goods had been supplied by Bedi Manufacturers to Rajesh Enterprises on 15.04.2019 and Bedi
Manufacturers shall be liable to pay the tax along with applicable interest.
However, there is no time limit for return of moulds and dies, jigs and fixtures or tools sent out to
a job worker for job work [Section 19(7) of the CGST Act, 2017.
However, if Rajesh Enterprises does not return the jigs and fixtures to Bedi Manufact urers, it
shall not be considered as a supply of jigs and fixtures to Rajesh Enterprises by Bedi
Manufacturers. In this case also, Bedi Manufacturers will be eligible to retain the input tax credit
availed by them.
(c) The facts of the case are similar to the case of BPL Display Devices Ltd. v. CCEx., Ghaziabad
(2004) 174 ELT 5 (SC) wherein the Supreme Court has held that the benefit of the notifications
cannot be denied in respect of goods which are intended for use for manufacture of the final
product but cannot be so used due to shortage or leakage.
The Apex Court has held that no material distinction can be drawn between loss on account of
leakage and loss on account of damage. The benefit of said exemption cannot be denied as
inputs were intended for use in the manufacture of final product but could not be so used due to
shortage/leakage/damage. It has been clarified by the Supreme Court that words “for use” have
to be construed to mean “intended for use”.
Therefore, the importer can claim the benefit of the notification in respect of the entire lot of the
inputs imported including those that were damaged in transit.
5. (a) As per section 75 of the CGST Act, 2017, the interest on the tax short paid has to be paid
whether or not the same is specified in the order determining the tax liability.
Thus, in view of the same, Mr. Vijay Kumar Sharma will have to pay the interest even though the
same is not specified in the final adjudication order. His contention that he is not liable for interest
because he deposited all the amount specified in the final adjudication order is not valid in law.
However, the amount of interest demanded in the order cannot be in excess of the amount
specified in the notice.
Therefore, in the given case, Department cannot demand the interest in excess of the amount
specified in the notice, which will be ` 50,000.

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 (b) Where the aggregate turnover of a supplier making supply of services from a State/UT exceeds
`20 lakh in a financial year, he is liable to be registered in the said State/UT. The said supplier
must apply for registration within 30 days from the date on which he becomes liable to
registration. However, in the given case, although Shagun became liable to registration on
25.01.2020, she didn’t apply for registration within 30 days of becoming liable to registration.
Section 122(1)(xi) of the CGST Act, 2017 stipulates that a taxable person who is liable to be
registered under the CGST Act, 2017 but fails to obtain registration shall be liable to pay a
penalty of:
(a) ` 10,000
or
(b) an amount equivalent to the tax evaded [` 1,26,000 in the given case],
whichever is higher.
Thus, the amount of penalty that can be imposed on Shagun is ` 1,26,000.
(c) Mr. N’s invoices show that he collected duty of ` 250 per unit on 1,000 items. However, he paid
duty on 200 items more. This payment, in the normal course, was made before the order
permitting the clearance of the goods. It would be evident from the bill of entry that the amount
paid was more than the amount of duty assessed. Thus, Mr N’s case falls within the exception to
unjust enrichment listed at clause (g) of the first proviso to section 27(2). He will be able to refute
the charge of unjust enrichment. Furthermore, clause (a) of the same sub-section provides that
the doctrine of unjust enrichment will not apply to the refund of duty and interest, if any, paid on
such duty if such amount is relatable to the duty and interest paid by the importer/exporter, if he
had not passed on the incidence of such duty and interest to any other person. Mr. N’s invoices
will show how much duty he collected from his customers, hence he may be covered by this
clause also to escape the bar of unjust enrichment.
6. (a) As per section 54(3) of the CGST Act, 2017, a registered person may claim refund of unutilised
input tax credit at the end of any tax period in the following cases:
(i) Zero rated supplies made without payment of tax: Supply of goods or services or both to
an SEZ developer/unit or export of goods or services or both qualifies as zero rated
supplies. However, refund of unutilized input tax credit shall not be allowed if:
 the goods exported out of India are subjected to export duty;
 the supplier of goods or services or both avails of drawback in respect of CGST or
claims refund of the IGST paid on such supplies.
(ii) Accumulated ITC on account of inverted duty structure: Where the credit has
accumulated on account of rate of tax on inputs being higher than the rate of tax on output
supplies (other than nil rated or fully exempt supplies), except supplies of goods or services
or both as may be notified by the Government on the recommendations of the Council.
(b) Section 69 of CGST Act, 2017 provides following safeguards to a person who is placed under
arrest:
(a) If a person is arrested for a cognizable offence, he must be informed of the grounds of
arrest and be produced before a magistrate within 24 hours.
(b) If a person is arrested for a non-cognizable offence, he shall be admitted to bail or in default
of bail, forwarded to the custody of the Magistrate.
(c) All arrest must be in accordance with the provisions of the Code of Criminal Procedure
relating to arrest in terms of section 69(3) of CGST Act, 2017.

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 (c) DFIA is issued to allow duty free import of inputs, oil and catalyst which are required for
production of export product. The goods imported are exempt ONLY from basic customs duty.
DFIA shall be issued on post export basis for products for which SION have been notified.
Separate DFIA shall be issued for each SION and each port.
No DFIA shall be issued for an export product where SION prescribes ‘Actual User’ condition for
any input.
Holder of DFIA has an option to procure the materials/ inputs from indigenous manufacturer/STE
in lieu of direct import against Advance Release Order (ARO)/ Invalidation letter/ Back to Back
Inland Letter of Credit. However, DFIA holder may obtain supplies from
EOU/EHTP/BTP/STP/SEZ units, without obtaining ARO or Invalidation letter.
Drawback as per rate determined and fixed by Customs authority shall be available for duty paid
inputs, whether imported or indigenous, used in the export product.
DFIA or the inputs imported against it can be transferred after the fulfillment of the export
obligation. A minimum 20% value addition is required for issuance of DFIA except for items in
gems and jewellery sector.

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