A union territory is directly under the governance of the Central Government. This differentiates them from the states, which have their own elected governments. Currently, there are 7 union territories in India:
- Daman and Diu
- Dadra and Nagar Haveli
- Andaman and Nicobar Islands
Among these, Delhi and Puducherry have their own legislature, with elected members and a Chief Minister. Hence, they function as semi-states.
Under GST, the SGST Act applies to all the states in India. The definition of ‘States’ in the Indian Constitution includes union territories with their own legislature. Hence, the SGST Act also applies to the union territories of Delhi and Puducherry. This means that on supplies within the union territories of Delhi and Puducherry, the taxes levied will be CGST +SGST, and on supplies from Delhi/Puducherry to another state/union territory, the tax levied will be IGST.
As the SGST Act cannot be applied on a union territory without its own legislature, the GST Council has introduced the UTGST Act, to levy a tax, called UTGST, in the union territories of Chandigarh, Lakshadweep, Daman and Diu, Dadra and Nagar Haveli and Andaman and Nicobar Islands. UTGST will be levied in place of SGST in these union territories.
Levy of Taxd
Supply within the Union Territory
On supplies within a union territory, CGST + UTGST will be levied.
For example: Furniture Centre in Chandigarh supplies 50 sofa sets for Rs. 10,00,000 to Veena Furnitures in Chandigarh.
This is a supply within the union territory of Chandigarh. Assuming a GST rate of 12% on sofa sets, the tax calculation in this case will be as follows:
|CGST @ 6%||60,000|
|UTGST @ 6%||60,000|
Hence, the only difference here, is that on supplies within union territories, UTGST will be levied in place of SGST.
Supply outside the Union Territory
On supplies from a union territory to another state or union territory, IGST will be levied.
For example: Furniture Centre in Chandigarh supplies 50 sofa sets for Rs. 10,00,000 to Ramesh Furniture Town in Delhi.
This is a supply outside the union territory of Chandigarh. Assuming a GST rate of 12% on sofa sets, the tax calculation in this case will be as follows:
|IGST @ 12%||1,20,000|
Hence, similar to the levy of tax on supplies outside a state, IGST will be applicable on supplies outside a union territory.
Order of utilization
UTGST credit can be utilised to set-off the tax payable in a manner similar to utilization of SGST credit, i.e.:
|Input Tax Credit||Set-off against liability|
|UTGST||UTGST and IGST (in this order)|
Also, UTGST credit cannot be utilized to set-off CGST liability.
Example: At the end of August ’17, Furniture Centre in Chandigarh has input tax credit and tax liability as shown below:
|Input tax credit (Rs.)||Tax liability (Rs.)|
Here, Furniture Centre can utilise the UTGST credit of Rs. 1,00,000 as follows:
|(-) Set-off against UTGST liability||(-) 80,000|
|(-) Set-off against IGST liability||(-) 20,000|
UTGST will be levied in place of SGST in union territories without their own legislatures. The UTGST bill, along with CGST and IGST bills, which will be administered by the Central Government, has been passed on 6th April, ’17.