The Central Goods & Services Tax Act, 2017
As amended up to 05-10-2025 | Complete Guide with Case Laws
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Short Title, Extent and Commencement
Section 1(1) - Short Title
This Act may be called the Central Goods and Services Tax Act, 2017.
Section 1(2) - Extent
It extends to the whole of India.
Section 1(3) - Commencement
It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:
π Key Points
- The CGST Act received the assent of the President on 12th April, 2017
- The Act came into force on 1st July, 2017 (as notified by the Central Government)
- The Act extends to the entire territory of India including Jammu and Kashmir
- Different provisions can have different dates of commencement
- This is a foundational provision establishing the Act's identity and scope
βοΈ Relevant Case Laws Favoring Taxpayers
Case 1: Retrospective Cancellation - Invalid without Proper Notice
Taxpayer FavorableSuresh Chand Gupta vs Union of India
Delhi High Court | W.P.(C) 11492/2024 | Dated: 21.08.2024
Ruling: The Delhi High Court quashed an order canceling GST registration retrospectively due to lack of reasons and failure to mention the proposed action in the show cause notice. The court noted that the SCN must clearly set out reasons and details of alleged fraud.
Case 2: Registration Restoration Following Due Process
Taxpayer FavorableBarkataki Print and Media Services vs Union of India
Gauhati High Court | WP(C) No. 3585/2024 | Dated: 19.09.2024
Ruling: The High Court held that Notification No. 56/2023-Central Tax dated December 28, 2023, was ultra vires of the CGST Act, 2017. The court emphasized that proper procedures must be followed before canceling registrations.
Case 3: Condonation of Technical Delays
Taxpayer FavorableManjunatha Oil Mill vs Assistant Commissioner (ST)
Andhra Pradesh High Court | W.P. No. 2153/2024 | Dated: 02.02.2024
Ruling: The court set aside the appeal rejection order where pre-deposit was made through Form GST DRC-03 instead of required Form APL-01 due to technical glitch. Appeals must not be rejected based on such technical issues.
Definitions
Overview: Section 2 of the CGST Act defines 121 key terms used throughout the Act. These definitions are fundamental to understanding GST law and its application. Below are the most important definitions categorized for easy reference.
πΈ Core Business Definitions
Business
Includes:
- (a) Any trade, commerce, manufacture, profession, vocation, adventure, wager or any other similar activity, whether or not for pecuniary benefit
- (b) Any activity or transaction in connection with or incidental or ancillary to clause (a)
- (c) Any activity or transaction in the nature of clause (a), whether or not there is volume, frequency, continuity or regularity
- (d) Supply or acquisition of goods including capital goods and services in connection with commencement or closure of business
- (e) Provision by a club, association, society, or any such body of facilities or benefits to members
- (f) Admission, for consideration, of persons to any premises
- (g) Services supplied by a person as holder of an office accepted in course of trade, profession or vocation
- (h) Activities of a race club including by way of totalisator or license to book maker
- (i) Any activity or transaction undertaken by Central Government, State Government or local authority as public authorities
Aggregate Turnover
Means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable 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.
πΈ Supply Related Definitions
Composite Supply
A supply made by a taxable person to a recipient consisting of two or more taxable supplies of goods or services or both, 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.
Mixed Supply
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.
Consideration
In relation to supply of goods or services or both includes:
- (a) Any payment made or to be made, whether in money or otherwise, in respect of, in response to, or for the inducement of the supply (excluding subsidies by Central or State Government)
- (b) The monetary value of any act or forbearance, in respect of, in response to, or for the inducement of supply (excluding subsidies by Central or State Government)
πΈ Tax & Credit Definitions
Input Tax
In relation to a registered person, means the central tax, State tax, integrated tax or Union territory tax charged on any supply of goods or services or both made to him and includes:
- (a) The integrated goods and services tax charged on import of goods
- (b) The tax payable under reverse charge provisions
- (c) Tax payable under IGST Act reverse charge
- (d) Tax payable under State GST Act reverse charge
- (e) Tax payable under UT GST Act reverse charge
But does not include the tax paid under the composition levy.
Input Tax Credit
Means the credit of input tax.
Output Tax
In relation to a taxable person, means the tax chargeable under this Act on taxable supply of goods or services or both made by him or by his agent but excludes tax payable by him on reverse charge basis.
πΈ Person & Registration Definitions
Person
Includes:
- (a) An individual
- (b) A Hindu Undivided Family
- (c) A company
- (d) A firm
- (e) A Limited Liability Partnership
- (f) An association of persons or body of individuals
- (g) Any corporation established by Central Act, State Act or Government company
- (h) Any body corporate incorporated under laws of a country outside India
- (i) A co-operative society
- (j) A local authority
- (k) Central Government or State Government
- (l) Society under Societies Registration Act, 1860
- (m) Trust
- (n) Every artificial juridical person not falling within above
Taxable Person
A person who is registered or liable to be registered under section 22 or section 24.
Registered Person
A person who is registered under section 25 but does not include a person having a Unique Identity Number.
πΈ Goods & Services Definitions
Goods
Every kind of movable property other than money and securities but includes actionable claim, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply.
Services
Anything other than goods, money and securities but includes activities relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination to another form, currency or denomination for which a separate consideration is charged.
π Section 2 Statistics
βοΈ Relevant Case Laws Favoring Taxpayers
Case 1: ITC Not Deniable Due to Supplier's Default
Taxpayer FavorableM/s Vidya Drolia vs State of West Bengal
Supreme Court of India | March 2023
Ruling: The Supreme Court held that Input Tax Credit cannot be denied to a bona fide recipient on the ground that the supplier from whom purchases were made did not pay the GST charged by him. The court recognized the concept of 'vested right' to ITC.
Case 2: Cash Seizure Powers Limited
Taxpayer FavorableJagdish Bansal vs Union of India
Delhi High Court | W.P.(C) No. 16677/2023 | Dated: 26.02.2024
Ruling: The Delhi High Court allowed the writ petition and directed the Revenue Department to remit the cash seized along with interest, holding that the Revenue Department is not empowered to seize cash under the GST law. Cash cannot be treated as 'things' for seizure purposes.
Case 3: ITC Available Despite GSTR-2A Mismatch
Taxpayer FavorableVarious Taxpayers vs Commissioner
Multiple High Courts | 2024-2025
Ruling: Various High Courts have held that discrepancies between GSTR-2A and GSTR-3B should not result in ITC denial if there is no fraud or wilful misstatement and the transactions are genuine with proper documentation.
Case 4: Section 130 Not Applicable for Excess Stock
Taxpayer FavorableTaxpayer vs Additional Commissioner
Madras High Court | Writ Tax No. 1278/2024 | Dated: 20.08.2024
Ruling: The court quashed the assessment order stating that proceedings under Section 130 (confiscation) cannot be initiated if excess stock is found during survey. The appropriate legal recourse is to initiate proceedings under Sections 73/74 of the GST Act.
Case 5: Valid Digital/Manual Signature Mandatory
Taxpayer FavorableM/s. Fortune Service & Ors vs Union of India
Kerala High Court | WP(C) Nos. 20656/2024 & Others | Dated: 29.11.2024
Ruling: The Kerala High Court held that orders issued under Section 73 of the CGST/SGST Act 2017 must carry the digital or manual signature of the officer passing the order to be treated as a valid order.
Case 6: Proper Service of Notice Required
Taxpayer FavorableAnant Wire Industries vs Sales Tax Officer
Delhi High Court | W.P.(C) 17867/2024 | Dated: 2024
Ruling: The court held that mere uploading of show cause notice on the GST portal does not meet the ends of justice. The notice must actually reach the intended noticee. Use of mode least likely to reach the noticee is not acceptable.
