Comparison of Old and New Draft of Model GST Law

Section 9 :

Taxable Person means a person who carries on any business at any place in India /State of ____ and who is registered or required to be registered under Schedule III of this Act:

Provided that an agriculturist shall not be considered as a taxable person.

“Section 10: –

(1) Taxable Person means a person who is registered or

liable to be registered under Schedule V of this Act.

(2) A person who has obtained or is required to obtain more than one registration, whether in one State or more than one State, shall, in respect of each such registration, be treated as distinct persons for the purposes of this Act.

(3) An establishment of a person who has obtained or is required to obtain registration in a State, and any of his

other establishments in another State shall be treated as establishments of distinct persons for the purposes of

this Act.

Limit for GST registration

Nine Lakh Rupees

[Schedule III ]

Twenty Lakh Rupees

[Schedule V]

Agent means a person who carries on the business of supply

or receipt of goods and/or services on behalf of another,

whether disclosed or not and includes a factor, broker,

commission agent, arhatia, del credere agent, intermediary or

an auctioneer or any other mercantile agent, by whatever

name called, and whether of the same description as

hereinbefore mentioned or not;

[Section 2(5) ]

Agent means a person including a factor, broker, commission agent, arhatia, del credere agent, an

auctioneer or any other mercantile agent, by whatever name called, who carries on the business of

supply or receipt of goods or services on behalf of

another, whether disclosed or not;

[Section 2(5) ]

New Addition

(h) services provided by a race club by way of totalisator or a licence to book maker in such club;

Explanation. Any activity or transaction undertaken by the Central Government, a State  Government or any local authority in which they are engaged as public

New Definition:

Capital Goods means goods, the value of which is capitalised in the books of accounts of the person

claiming the credit and which are used or intended to be used in the course or furtherance of business; [Section 2 (19)]

common working days in respect of a “State shall mean

such days in succession which are not declared as a gazetted holiday by the Central Government or the concerned State Government

[ section 2 (24) ]

Composite supply means a supply consisting of –

(a) two or more goods;

(b) two or more services; or

(c) a combination of goods and services

provided in the course or furtherance of business, whether or

not the same can be segregated;

[Section 2(27) ]

Composite supply means a supply made by a taxable

person to a recipient comprising two or more supplies of

goods or services, or any combination thereof, which are

naturally bundled and supplied in conjunction with each

other in the ordinary course of business, one of which is

a principal supply;

Illustration : Where goods are packed and transported

with insurance, the supply of goods, packing materials,

transport and insurance is a composite supply and supply

of goods is the principal supply.

[Section 2(27) ]

electronic cash ledger means the cash ledger in electronic

form maintained at the common portal for each registered

taxable person in the manner as may be prescribed in this

behalf;

[Section 2(40) ]

electronic cash ledger means the electronic cash ledger referred to in subsection (1) of section 44;

[Section 2(40) ]

electronic credit ledger means the input tax credit ledger in

electronic form maintained at the common portal for each

registered taxable person in the manner as may be prescribed

in this behalf;

[Section 2(41) ]

electronic credit ledger means the electronic credit

ledger referred to in subsection (2) of section 44;

[Section 2(43) ]

electronic commerce means supply of goods and/or

services including digital products over digital or electronic network; [Section 2(41) ]

electronic commerce  means supply of goods and/or

services including digital products over digital or electronic network; [Section 2(41) ]

first stage dealer means a dealer, who purchases the

goods directly from,

(i) the manufacturer under the cover of an invoice issued

in terms of the provisions of Central Excise Rules, 2002 or

from the depot of the said manufacturer, or from

premises of the consignment agent of the said

manufacturer or from where the goods are sold by or on

behalf of the said manufacturer, under cover of an

invoice; or

(ii) an importer or from the depot of an importer or from

the premises of the consignment agent of the importer,

under cover of an invoice;

[Section 2(46) ]

excludes actionable claims

Includes securities

includes actionable claims

excludes Securities

input means any goods other than capital goods, subject to

exceptions as may be provided under this Act or the rules

made thereunder, used or intended to be used by a supplier

for making an outward supply in the course or furtherance of

business; [Section 2(54)]

input means any goods other than capital goods used

or intended to be used by a supplier in the course or

furtherance of business; [Section 2(52)]

as above:

restriction was to be used for making outward supply

intraState supply of goods means the supply of goods

in the course of intraState trade or commerce in terms

of subsection (1) of section 4 of IGST Act, 2016; [Section

2(57)]

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 drink

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.

[ Section 2(66) ]

motor vehicle has the meaning assigned to it is clause

(28) of section 2 of the Motor Vehicles Act, 1988 (59 of

1988); [ Section 2(67) ]

outward supply in relation to a person, shall mean supply of

goods and/or services, whether by sale, transfer, barter,

exchange, licence, rental, lease or disposal made or agreed to

be made by such person in the course or furtherance of

business except in case of such supplies where the tax is

payable on reverse charge basis;

[ Section 2(73) ]

outward supply in relation to a person, shall mean

supply of goods or services, whether by sale, transfer,

barter, exchange, licence, rental, lease or disposal or any

other means made or agreed to be made by such person

in the course or furtherance of business;

[ Section 2(72) ]

principal place of business means the place of business

specified as the principal place of business in the certificate of

registration where the taxable person keeps and maintains

the accounts and records as specified under section 42 ; [

Section 2(78)]

Principal place of business???? means the place of business

specified as the principal place of business in the

certificate of registration ;

[ Section 2(77)]

principal supply means the supply of goods or services

which constitutes the predominant element of a

composite supply and to which any other supply forming

part of that composite supply is ancillary and does not

constitute, for the recipient an aim in itself, but a means

for better enjoyment of the principal supply; [ Section

2(78)]

quarter shall mean a period comprising three

consecutive calendar months, ending on the last day of

March, June, September and December of a calendar

year; ; [ Section 2(80)]

registered importer means the importer registered in

terms of the provisions of Central Excise Rules, 2002;

; [ Section 2(82)]

securities shall have meaning assigned to it in sub

section (h) of section 2 of the Securities Contracts

(Regulation) Act, 1956 (42 of 1956);

[ Section 2(90)]

second stage dealer means a dealer who purchases

the goods from a first stage dealer as defined in subsection

(46); [ Section 2(91)]