CGST Act 2017 Section 5

The Central Goods and Services Tax Act, 2017 is a comprehensive legislation that governs the levy and collection of central GST across India. Section 5 of this Act specifically deals with the levy and collection of CGST on intra-state supplies of goods and services. Understanding this section is crucial for taxpayers and GST officers to ensure proper compliance and tax payment.

Under the CGST Act, Section 5 outlines the conditions and manner in which CGST is levied and collected. This provision is fundamental for businesses, professionals, and tax authorities to determine their tax liabilities and obligations within the GST framework. It ensures uniformity and clarity in the taxation process.

Central Goods and Services Tax Act, 2017 Section 5 – Exact Provision

Section 5 of the CGST Act mandates the imposition of CGST on all intra-state supplies of goods and services, except alcoholic liquor for human consumption. The tax is levied on the value of supply as determined under the Act. This section forms the backbone of CGST levy and ensures that tax is collected uniformly within states.

• CGST applies only to intra-state supplies.

• Excludes alcoholic liquor for human consumption.

• Tax is levied on the value of supply.

• Basis for CGST collection and compliance.

• Essential for GST administration and enforcement.

Explanation of CGST Act Section 5

This section states the levy of CGST on intra-state supplies of goods and services.

• Applies to all registered and unregistered suppliers making intra-state supplies.

• Excludes alcoholic liquor for human consumption from CGST levy.

• Triggered when goods or services are supplied within the same state or union territory.

• Tax is calculated on the transaction value as per valuation rules.

• Relevant for suppliers, recipients, and GST officers for compliance and enforcement.

Purpose and Rationale of CGST Act Section 5

Section 5 ensures a uniform and systematic approach to levying CGST on intra-state supplies. It prevents tax evasion and leakage by clearly defining the scope of CGST levy. This provision streamlines compliance and supports the smooth flow of input tax credit, thereby aiding revenue collection.

• Ensures uniform indirect taxation within states.

• Prevents tax evasion and leakage.

• Streamlines compliance for taxpayers.

• Promotes input tax credit flow.

• Supports government revenue collection.

When CGST Act Section 5 Applies

This section applies whenever there is a supply of goods or services within a single state or union territory. It is relevant at the time of supply and affects registration and turnover calculations.

• Applies to all intra-state supplies of goods or services.

• Relevant at the time of supply determination.

• Linked to place of supply within the same state or union territory.

• Impacts registration thresholds and tax liability.

• Excludes alcoholic liquor for human consumption.

Tax Treatment and Legal Effect under CGST Act Section 5

CGST is levied and collected on the value of intra-state supplies as per this section. The tax liability arises at the time of supply, and the amount must be paid to the government. This section interacts with valuation, exemption, and input tax credit provisions to determine the final tax payable.

• CGST is levied on the transaction value of intra-state supplies.

• Tax liability arises at the time of supply.

• Interacts with valuation and ITC provisions.

Nature of Obligation or Benefit under CGST Act Section 5

This section creates a mandatory tax liability for suppliers making intra-state supplies. It imposes a compliance obligation to collect and pay CGST. There is no exemption or benefit under this section except for the specified exclusion.

• Creates mandatory tax liability for intra-state suppliers.

• Compliance obligation to collect and remit CGST.

• Excludes alcoholic liquor for human consumption.

• Applies to all suppliers within the state.

Stage of GST Process Where Section Applies

Section 5 applies primarily at the supply and payment stage. It influences invoicing, return filing, and tax payment. It also plays a role during assessment and audit to verify compliance.

• Supply or transaction stage – levy of CGST.

• Invoicing – reflecting CGST charged.

• Return filing – reporting CGST collected.

• Payment of tax – remittance to government.

• Assessment and audit – compliance verification.

Penalties, Interest, or Consequences under CGST Act Section 5

Non-compliance with Section 5, such as failure to collect or pay CGST, attracts interest and penalties. Prosecution may be initiated in cases of willful evasion. Timely payment and accurate reporting are essential to avoid consequences.

• Interest on delayed payment of CGST.

• Penalties for non-compliance or evasion.

• Prosecution in serious cases.

• Risk of demand notices and recovery actions.

Example of CGST Act Section 5 in Practical Use

Supplier X, based in Maharashtra, sells goods worth INR 1,00,000 to a buyer in Pune. Since the supply is within Maharashtra, CGST is levied as per Section 5. Supplier X charges CGST at the applicable rate and remits it to the government. This ensures compliance with intra-state tax laws.

• CGST applies on intra-state supply value.

• Supplier must collect and remit CGST timely.

Historical Background of CGST Act Section 5

The GST regime was introduced in 2017 to unify indirect taxes. Section 5 was designed to clearly define the levy of CGST on intra-state supplies. Amendments have been made through GST Council decisions to refine the scope and exclusions.

• Introduced with GST rollout in 2017.

• Defines levy of CGST on intra-state supplies.

• Amended to clarify exclusions and rates.

Modern Relevance of CGST Act Section 5

In 2026, Section 5 remains vital for digital GST compliance, including e-invoicing and return filing via GSTN. It supports seamless tax collection and administration for businesses of all sizes.

• Supports digital compliance via GSTN.

• Relevant for e-invoicing and e-way bills.

• Ensures clear tax liability for intra-state supplies.

Related Sections

• CGST Act, 2017 Section 7 – Scope of supply.

• CGST Act, 2017 Section 9 – Levy and collection of tax.

• CGST Act, 2017 Section 16 – Eligibility for input tax credit.

• CGST Act, 2017 Section 31 – Tax invoice.

• CGST Act, 2017 Section 39 – Furnishing of returns.

• CGST Act, 2017 Section 73 – Demand for non-fraud cases.

Case References under CGST Act Section 5

No landmark case directly interprets this section as of 2026.

Key Facts Summary for CGST Act Section 5

• Section: 5

• Title: Levy and Collection of CGST

• Category: Levy

• Applies To: All intra-state suppliers of goods and services

• Tax Impact: Imposes CGST on intra-state supplies

• Compliance Requirement: Collection and payment of CGST

• Related Forms/Returns: GST returns including GSTR-1 and GSTR-3B

Conclusion on CGST Act Section 5

Section 5 of the CGST Act, 2017 is fundamental in establishing the levy of Central Goods and Services Tax on intra-state supplies. It ensures that all taxable supplies within a state are subject to CGST, thereby creating a uniform tax structure. This provision is essential for taxpayers and authorities to determine tax obligations clearly and avoid disputes.

By mandating CGST on intra-state transactions, Section 5 supports the overall GST framework's objective of seamless indirect taxation. Compliance with this section helps maintain transparency, promotes proper tax collection, and facilitates the smooth functioning of the GST system in India.

FAQs on CGST Act Section 5

What does Section 5 of the CGST Act cover?

Section 5 covers the levy and collection of Central Goods and Services Tax on all intra-state supplies of goods and services, except alcoholic liquor for human consumption.

Who must pay CGST under Section 5?

Any supplier making intra-state taxable supplies of goods or services must collect and pay CGST as per Section 5.

Is CGST applicable on inter-state supplies under Section 5?

No, Section 5 applies only to intra-state supplies. Inter-state supplies are subject to Integrated GST (IGST).

Are alcoholic liquors for human consumption taxed under Section 5?

No, alcoholic liquor for human consumption is excluded from CGST levy under Section 5.

What happens if CGST is not paid as per Section 5?

Non-payment attracts interest, penalties, and possible prosecution. Timely compliance is necessary to avoid these consequences.