Section 9 – Levy and Collection of Tax
Section 9 –
Levy and Collection of Tax
(1) Subject to the 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 on the recommendations of the Council and
collected in such manner as may be prescribed and shall be paid by the taxable
person.
(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.
(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 central 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 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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