Power to grant exemption from tax - Section 8
8.
(1) Where the Central Government is satisfied that it is
necessary in the public interest so to do, it may, on the recommendations of
the Council, by notification, exempt generally either absolutely or subject to
such conditions as may be specified therein, goods or services or both of any
specified description from the whole or any part of the tax leviable thereon
with effect from such date as may be specified in such notification.
(2) Where the Central Government is satisfied that it is
necessary in the public interest so to do, it may, on the recommendations of
the Council, by special order in each case, under circumstances of an
exceptional nature to be stated in such order, exempt from payment of tax any
goods or services or both on which tax is leviable.
(3) The Central Government may, if it considers necessary or
expedient so to do for the purpose of clarifying the scope or applicability of
any notification issued under sub-section (1) or order issued under sub-section
(2), insert an explanation in such notification or order, as the case may be,
by notification at any time within one year of issue of the notification under
sub-section (1) or order under sub-section (2), and every such explanation
shall have effect as if it had always been the part of the first such
notification or order, as the case may be.
(4) Any notification issued by the Central Government under
sub-section (1) of section 11 or order issued under sub-section (2) of the said
section of the Central Goods and Services Tax Act shall be deemed to be a
notification or, as the case may be, an order issued under this Act.
Explanation.—For the purposes of this section, where an
exemption in respect of any goods or services or both from the whole or part of
the tax leviable thereon has been granted absolutely, the registered person
supplying such goods or services or both shall not collect the tax, in excess
of the effective rate, on such supply of goods or services or both.