Definitions under Section 2(1) to Section 2(10) of the CGST Act, 2017
Definitions of various important terms under Section 2(1) to Section 2(10) of the Central Goods and Services Tax (CGST) Act, 2017, as notified/ amended by Govt. of India/ CBIC upto 30 Aug. 2018, unless the context otherwise requires, are as under:
|Definitions under Section 2(1) to Section 2(10) of the CGST Act, 2017|
|Section 2(1): “actionable claim” shall have the same meaning as assigned to it in section 3 of the Transfer of Property Act, 1882.|
|Section 2(2): “address of delivery” means the address of the recipient of goods or services or both indicated on the tax invoice issued by a registered person for delivery of such goods or services or both.|
|Section 2(3): “address on record” means the address of the recipient as available in the records of the supplier.|
|Section 2(4): “adjudicating authority” means any authority, appointed or authorised to pass any order or decision under this Act, but does not include the Central Board of Indirect Taxes and Customs, the Revisional Authority, the Authority for Advance Ruling, the Appellate Authority for Advance Ruling, the National Appellate Authority for Advance Ruling, the Appellate Authority, the Appellate Tribunal and the Authority referred to in sub-section (2) of section 171. (refer Note 1)|
|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 or both on behalf of another.|
|Section 2(6): “aggregate turnover” means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis), exempt supplies, exports of goods or services or both and inter-State supplies of persons having the same Permanent Account Number, to be computed on all India basis but excludes central tax, State tax, Union territory tax, integrated tax and cess.|
|Section 2(7): “agriculturist” means an individual or a Hindu Undivided Family who undertakes cultivation of land— (a) by own labour, or (b) by the labour of family, or (c) by servants on wages payable in cash or kind or by hired labour under personal supervision or the personal supervision of any member of the family.|
|Section 2(8): “Appellate Authority” means an authority appointed or authorised to hear appeals as referred to in section 107.|
|Section 2(9): “Appellate Tribunal” means the Goods and Services Tax Appellate Tribunal constituted under section 109.|
|Section 2(10): “appointed day” means the date on which the provisions of this Act shall come into force.|
Note: (Amendments History)
1. Section 2(4):
i) The words ‘Central Board of Excise and Customs’ substituted with the words ‘Central Board of Indirect Taxes and Customs’ vide CGST (Amendment) Act, 2018.
ii) The words ‘the Appellate Authority and the Appellate Tribunal’ substituted with the words ‘the Appellate Authority, the Appellate Tribunal and the Authority referred to in sub-section (2) of section 171’ vide CGST (Amendment) Act, 2018. It may be noted that the Authority referred to in section 171(2), i.e Anti-Profiteering Authority, added in the exclusion list to Adjudicating Authority. Thus, Anti Profiteering Authority shall not be considered as Adjudicating Authority.
iii) The text “the National Appellate Authority for Advance Ruling’ inserted vide Finance (No. 2) Act 2019. However, appointed date for this amendment is yet to be notified by the CBIC/ Govt.
Govt. has notified the Central Goods and Services Tax (CGST) Act, 2017 on 12 April, 2017 followed with various CBIC Notifications on commencement date for various Sections/ Provisions thereof from time to time. Govt. has further notified the Central Goods and Services Tax (CGST) (Amendment) Act, 2018 on 30 Aug. 2018 followed with CBIC Notification on commencement date of various Sections/ Provisions thereof from 1 Feb. 2019 vide Notification No. 2/2019 Central Tax dt. 29 Jan. 2019 except for amendments where the date of commencement is different from 1 Feb. 2019 and has specifically been mentioned in the CGST Amendment Act, 2018 itself.
|Other GST Related Posts:|
|Central Goods and Services Tax (CGST):|
|CGST Act/ Definitions||CGST Rules|
|CGST Notifications||CGST Circulars|
|Integrated Goods and Services Tax (IGST):|
|IGST Act/ Definitions||IGST Rules|
|IGST Notifications||IGST Circulars|
|Union Territory Goods and Services Tax (UTGST):|
|UTGST Act/ Definitions||UTGST Rules|
|UTGST Notifications||UTGST Circulars|