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What is Union Territory GST (UTGST) and Why It Is Implemented

What is UTGST

The GST council has included the UTGST in order to complete the constitutional obligation which it says The Constitution (One Hundred and First Amendment) Act, 2016, has added a new clause, namely Clause 26B on “State” in Article 366. As per this clause, “State” with reference to Articles 246A, 268, 269, 269A, and 279A includes a Union territory with Legislature yet even ‘State’ for the purposes of GST, added a Union territory with Legislature.

The purpose of UTGST bill is to apply a collection of tax on every Intra UT supply of goods and service in the union territories in absence of legislature and has similar properties as that of SGST. So all in all, the SGST cannot fulfill the needed provision here and for the same UTGST has taken its place. The Union Territory GST is applied to union territories of India namely Chandigarh, Lakshadweep, Daman and Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands.

Recommended: Reverse Charge Mechanism Under GST with All Aspects

Why Union Territory GST Is Implemented?

The main agenda has been taken up by the GST council for which the apex body has introduced the UTGST which will continue to provide benefits as same as SGST. Apart from that, New Delhi and Puducherry will still enjoy the SGST provisions as both states have their separate legislatures and can operate freely on the terms of SGST and has also been considered as the states by the GST Council.

For more understanding on the topic of the Union Territory GST, one can see the legislature rules and regulations written in the constitution, which says, As per Article 246(4) of Constitution, the Parliament has rights to form laws with respect to any matter for any part of the territory of India, which is not included in the State, including the matters enumerated in State List. By the verification of the aforementioned rules and laws of the constitution, the central government can forward the UTGST in the parliament for further approval.

Various combination of taxes can be as seen after the implementation GST like:

  • For Supply of goods and/or services within a state (Intra-State): CGST + SGST;
  • For Supply of goods and/or services within Union Territories (Intra-UT): CGST + UTGST;
  • For Supply of goods and/or services across States and/or Union Territories (Inter-State/ Inter-UT): IGST

Read Also: Meaning of SGST, IGST, CGST with Input Tax Credit Adjustment

In the case of Input tax credit, Computation of utilization of Input Tax Credit of UTGST would be the equivalent like SGST. Here suggests, Input Tax Credit of SGST or UTGST would first set-off opposite SGST or UTGST individually. Output Tax liabilities and balance, if any, can be set-off against IGST Output Tax liabilities.

Disclaimer:- "All the information given is from credible and authentic resources and has been published after moderation. Any change in detail or information other than fact must be considered a human error. The blog we write is to provide updated information. You can raise any query on matters related to blog content. Also, note that we don’t provide any type of consultancy so we are sorry for being unable to reply to consultancy queries. Also, we do mention that our replies are solely on a practical basis and we advise you to cross verify with professional authorities for a fact check."

Published by Subodh Kumawat
Subodh has done with numerous professional degrees ranging from Human Rights to Banking along with MBA in HR Marketing. He is also interested in the field of tax-related articles and blog as per the industry based norms. Having expert knowledge in diverse sectors, he assures facts and figures along with testimony, in his articles. Working in SAG Infotech, he is a trusted author among the readers globally. View more posts
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12 thoughts on "What is Union Territory GST (UTGST) and Why It Is Implemented"

    1. “The taxpayer is not required to register under GST if his aggregate annual turnover is up to Rs. 40 lakhs in case of a supply of goods, 20 lakhs in case of the supply of services, and 20 lakhs in case of the supply of both goods and services in special category states.”

  1. For Supply of goods and/or services within newly created Union Territories J & K and Ladakh, CGST+UTGST will be charged or IGST will be charged.

  2. I am a tour operator from Andaman and Nicobar Islands (UT), people from other states pay me for arranging tours in the Andaman Islands. Which GST should I pay? IGST or UTGST + CGST

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