GST – Classification of goods/services – classification has already been finalised at the supplier’s end who also happens to be manufacturer of the goods in question – HSN of goods do not merits any c
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GST – Classification of goods – Eucalyptus/ Polar Wood Waste in Logs having length of 30 cm to 200 cm and Girth of approx. 10 cm to 60 cm – length and girth are not criteria for classification of wood
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GST – The carry bags or shopping bags are covered in the Customs Tariff under CCTH 420222 depending on the material they are made up of. Shopping bags made of cotton are classified under CTH 42022220
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GST – Pure service – Providing Inspection services in relation to Water Supply and Sewerage to Chennai Metro Water Supply and Sewerage Board (CMWSSB) – Benefit of exemption from GST allowed. – TMI Updates – Highlights
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GST – Works contract or not? – EPC Contract for electrical cable supply and laying work – the contract is not related to any original work and is in the nature of composite supply of Works Contract. – TMI Updates – Highlights
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Goods and Services Tax – GST – By: – Akshay Hiregange – Dated:- 4-2-2019 – Critical Aspects for GST Returns in 2019 In light of the recent barrage of notifications, Act amendments, we have prepared a small article on few major changes that GST has undergone, and the impact it could have on the GST returns in the year 2019. We would be speaking on the following topics: RCM on Security Personnel services RCM on purchases from unregistered persons Amendment in manner of utilisation of ITC Amendment in definition of Supply Amendment in ITC Reversal Other important Miscellaneous amendments Reverse Charge Mechanism applicability on security services: In terms of Notification no.29/2018- Central Tax (Rate) has been issued to include the security personnel services under the ambit of Reverse Charge Mechanism. The notification is effective from the 01/01/2019 and to be considered for the GSTR-3B of January 2019. This is similar to security agency services liable to RCM under Service Tax regime
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Unregd.) Registered person RCM Body corporate (Regd.) Registered person FCM Other than body corp. (Regd.) Registered person RCM Other than body corp. (Regd.) Regd. For TDS FCM Other than body corp. (Regd.) Composite Dealer FCM Registered person Unregistered FCM Unregistered Unregistered No GST Reverse Mechanism not applicable on purchases from unregistered persons Section 9(4): Notification no.01/2019 Central Tax (Rate) rescinded the notification no.08/2017 Central Tax (Rate) which deferred the present RCM u/s 9(4) of CGST Act till 30th September 2019 CT(R) Therefore, the deferment of RCM on URD procurements till 30th September 2019 is not applicable. According to the latest amendment of CGST Act applicable from 1st February 2019, Section 9(4) of CGST Act which states that GST liable under RCM for the procurements from unregistered persons would be payable only by the notified class of registered recipients and for the notified goods or services. Goods or services or the class of regis
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nt of Tax IGST CGST SGST IGST 1,00,000 CGST 1,00,000 SGST 20,000 80,000 ITC Balance -80,000 -30,000 According to Section 49A & 49(5) – effective from 01/02/2019 Payment of Tax IGST CGST SGST IGST 1,00,000 CGST 1,00,000 SGST 80,000 Cash 20,000 ITC Balance 1,30,000 The above amendment seems to increase accumulation in CGST and cash pay-out in SGST. This may also be the requirement of the government wherein; the cash pay-out is directed towards the states and the refund if any could be claimed from Centre in a easier and faster process. The above amendment will be effective from the 01/02/2019 and to be considered for the GSTR-3B of February 2019 month. Amendment in Definition of Supply The definition of supply has been changed with retrospective with effect from 01/07/2017 Section 7(1) the definition of Supply includes: All forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, lease or disposal made or agreed to be made for a consider
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on the recommendations of the Council, specify, by notification, the transactions that are to be treated as- supply of goods and not as a supply of services; or supply of services and not as a supply of goods. Our comment: Schedule II of CGST Act provides the transactions which are fall under the ambit of either supply of goods or supply of service, merely transactions covered under schedule II does not make it has a supply. First, it has to satisfy supply within clause (a) to (c) of section 7(1). After satisfying the above conditions, reference would be made to Schedule II to determine as to whether it supply of goods or supply of services . Amendment in input tax credit reversal: According to the amendment (w.e.f 01/02/2019) provides that if the persons engaged in the both taxable as well as transaction covered under Schedule III, except in case of sale of land or building sold after occupancy certificate (neither supply of goods nor supply of services), there is no need to reverse I
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GST – 02/2019 – Dated:- 4-2-2019 – Government of India Ministry of Finance (Department of Revenue) Notification No. 2/2019- Integrated Tax (Rate) New Delhi, the 4th February, 2019 G.S.R. 86 (E).- In exercise of the powers conferred by sub-section (1) of section 6 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), the Central Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby makes the following further
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2019 (2) TMI 296 – THE NATIONAL ANTI-PROFITEERING AUTHORITY – TMI – Profiteering – Little Star Dhoti 406 – benefit of reduction in the rate of ta not passed on – contravention of the provisions of Section 171 of Central Goods and Service Tax Act, 2017 – Held that:- It is clear from the perusal of the facts of the case that there was no-reduction in the rate of tax on the above product w.e.f. 01.07.2017, hence the anti-profiteering provisions contained in Section 171 (1) of the CGST Act, 2017 are not attracted – there are no merit in the application filed by the Applicants – application dismissed. – 08/2019 Dated:- 4-2-2019 – Sh. B. N. Sharma, Chairman, Sh. J. C. chauhan, Technical Member, Ms. R. Bhagyadevi, Technical Member And Sh. Amand Shah, Technical Member For the Applicant No. 1. : None For the Applicant No. 2 : Sh. Anwar Ali T. P., Additional Commissioner, DG Anti-profiteeing ORDER 1. The present report dated 30.10.2018 has been received from the Directorate General of Anti-Pro
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and was referred to the DGAP vide minutes of its meeting dated 02.07.2018 for detailed investigations under Rule 129(1) of the CGST Rules, 2017. 3. The DGAP has stated in his report dated 31.10.2018 that the "Little Star Dhoti 406" (HSN 52081110), was exempted from Central Excise duty, vide Notification No. 3012004-CE dated 09.07.2004 and attracted only VAT @ 5%. After implementation of the GST w.e.f.01.07.2017, the tax rate of the above product was fixed 5%. The pre-GST & the post-GST sale invoice-wise details of the applicable tax rate and the base prices (excluding VAT or GST) of the said product supplied by the Respondent are mentioned in the table below:- Table S.No. Description of the Product Pre-GST Post-GST Base Price (Rs.) Tax Rate (VAT) Tax Amount (Rs.) Total Selling Price (Rs.) Base Price (Rs.) Tax Rate (GST) Tax Amount (Rs.) Total Selling Price(Rs.) 1. "Little Star Dhoti 406" (HSN 52081110), 380.95 5% 19.05 400 380.95 5% 19.05 400 4. The DGAP has sub
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Screening Committee is an instance of profiteering. 7. We have carefully considered the Report Of the DGAP and the documents placed on record and find that the only issue that needs to be dwelled upon is as to whether there was a case of reduction in the rate of tax and whether the provision of section 171 of CGST Act,2017 are attracted in the case. 8. Perusal of Section 171 of the CGST Act shows that it provides as under:- (1). "Any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices." 9. It is clear from the perusal of the facts of the case that there was no-reduction in the rate of tax on the above product w.e.f. 01.07.2017,hence the anti-profiteering provisions contained in Section 171 (1) of the CGST Act, 2017 are not attracted. Hence we do not find any merit in the application filed by the Applicants and accordingly the same is dismissed. 10. A copy
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2019 (2) TMI 297 – THE NATIONAL ANTI-PROFITEERING AUTHORITY – TMI – Profiteering – Shorts – benefit of reduction in the rate of tax at the time of implementation of the GST not passed on – contravention of the provisions of Section 171 of Central Goods and Service Tax Act, 2017 – Held that:- It is clear from the perusal of the facts of the case that there was no reduction in the rate of tax on the above product w.e.f. 01.07.2017, hence the anti-profiteering provisions contained in Section 171 (1) of the CGST Act, 2017 are not attracted – there is no merit in the application filed by the Applicants – application dismissed. – 07/2019 Dated:- 4-2-2019 – Sh. B. N. Sharma, Chairman, Sh. J. C. Chauhan, Technical Member, Ms. R. Bhagyadevi, Technical Member And Sh. Amand Shah, Technical Member For the Applicant No. 1. : None For the Applicant No. 2 : Sh. Anwar Ali T. P., Additional Commissioner, DG Anti-Profiteeing ORDER 1. The present report dated 31.10.2018 has been received from the Direc
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ed by the Standing Committee on Anti-Profiteering and was referred to the DGAP vide minutes of its meeting dated 02.07.2018 for detailed investigations under Rule 129 (1) of the CGST Rules, 2017. 3. The DGAP has stated in his report dated 31.10.2018 that the "Shorts"(HSN Code 62034200), was exempted from Central Excise duty, vide Notification No. 30/2004-CE dated 09.07.2004 and attracted only VAT @ 5%. After implementation of the GST w.e.f. 01.07.2017, the tax rate of the above product was fixed 5%. The pre- GST & the post-GST sale invoice-wise details of the applicable tax rate and the base prices (excluding VAT or GST) of the said product supplied by the Respondent are mentioned in the table below:- Table S.No. Description of the Product Pre-GST Post-GST Base Price (Rs.) Tax Rate (VAT) Tax Amount (Rs.) Total Selling Price (Rs.) Base Price (Rs.) Tax Rate (GST) Tax Amount (Rs.) Total Selling Price(Rs.) 1. "Shorts" (Jockey Shorts US56 M ASSTD) 380 5% 19 399 380 5
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post GST sale which as per Kerala Screening Committee is an instance of profiteering. 7. We have carefully considered the Report of the DGAP and the documents placed on record and find that the only issue that needs to be dwelled upon is as to whether there was a case of reduction in the rate of tax and whether the provision of section 171 of CGST Act, 2017 are attracted in the case. 8. Perusal of Section 171 of the CGST Act shows that it provides as under:- (1). "Any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices." 9. It is clear from the perusal of the facts of the case that there was no reduction in the rate of tax on the above product w.e.f. 01.07.2017, hence the anti-profiteering provisions contained in Section 171 (1) of the CGST Act, 2017 are not attracted. Hence, we do not find any merit in the application filed by the Applicants and according
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A.P. VIJAYAN Versus THE ASSISTANT COMMISSIONER OF STATE TAX STATE GOODS AND SERVICE TAX DEPARTMENT, SPECIAL CIRCLE, PALAKKAD, THE COMMISSIONER, STATE GOODS AND SERVICE TAX DEPARTMENT, PALAKKAD AND THE SECRETARY, TAXES DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANPURAM – 2019 (2) TMI 391 – KERALA HIGH COURT – TMI – Constitutional vires of Section 174 of the Kerala State Goods and Services Tax Act – Held that:- Learned Government Pleader fairly submits that the authorities will defer all actions under the Ext.P5 until the petitioner receives a copy of the judgment in [2019 (2) TMI 300 – KERALA HIGH COURT] – Petition disposed off. – WP(C). No. 2759 of 2019 Dated:- 4-2-2019 – MR DAMA SESHADRI NAIDU, J. For The Petitioner : ADVS. SRI.G.HARIHARAN
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M/s. REALITY PROPERTY PLANNERS, M/s. SURYA RESTAURANT, RANGANATHAN SQUARE, M/s. WHITE METAL ALUMINIUM TRADING COMPANY AND BCG GOLDEN ORCHIDS Versus THE STATE TAX OFFICER, THE COMMISSIONER OF STATE, THIRUVANANTHAPURAM, INTELLIGENCE OFFICER, SQUAD NO. II, COMMERCIAL TAX DEPARTMENT, ERNAKULAM, THE COMMISSIONER, STATE GOODS AND SERVICE TAX DEPARTMENT, THIRUVANANTHAPURAM, THE SECRETARY, TAXES DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, CENTRAL BOARD OF EXCISE AND CUSTOMS, NEW DELHI, THE STATE TAX OFFICER SGST DEPARTMENT, KODUNGALLUR, STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM AND THE STATE TAX OFFICER (WC) , ERNAKULAM – 2019 (2) TMI 1153 – KERALA HIGH COURT – TMI – Vir
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2019 (3) TMI 433 – APPELLATE AUTHORITY FOR ADVANCE RULING MAHARASHTRA – TMI – Classification of goods – Reactor – classified under HSN 8413 91 or HSN 8421 21 90? – Held that:- The impugned product is not fitted with the hand pumps at the time of manufacturing of the hand pumps, rather it is retrofitted with the hand pumps with the purpose different from the hand pumps whose main function is to draw the underground water from the bore well whereas the primary function of the impugned product is to purify the water. Thus, the impugned product is not an essential part of the hand pumps because hand pump can function even without the impugned product. Rather it can be construed as accessory fitted to the hand pumps having the characteristics of the water purifier which adds to the value of the product- in this case, water- obtained from the main equipment/machines- in the instant case, the Hand Pump.
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The impugned product is in no way associated with the extraction of the undergroun
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er Section 100 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as the CGST Act and MGST Act ] by M/s. Taraltec Solutions Private Limited (herein after referred to as the Appellant ) against the Advance Ruling No. GST-ARA-47/2017-18/B-54 dated 22.06.2018 = 2018 (10) TMI 682 – AUTHORITY FOR ADVANCE RULING, MAHARASHTRA. BRIEF FACTS OF THE CASE A. The Appellant are manufacturers of Reactor, which is a part of Hand Pump, used in villages to extract water below the earth surface. B. The reactor manufactured by the appellant ensures disinfection of water so extracted in order to provide clean and hygienic water to villagers. C. The Reactor harnesses fluid dynamics and kills microbes in water bore well hand pump and in the motorized water lines. It eliminates water borne diseases such as Diarrhea, Cholera, Typhoid etc. D. Presently the jurisdictional CGST Commissionerate officers are classifying the product i.e. Reac
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tion of the concerned officer , it is mentioned that – fit is found that applicant has not submitted any material/documents like the product catalogue, brochure, diagram or any other relevant material to ascertain the nature and function of products. 3. The above is not factually correct. Actually, in response to the request made by the concerned officer, we had submitted required documents on 2 nd May, 2018. 4. In paragraph Additional written submission dated 27.03.2018 by the Department, it is stated that in sub-para 4 that the applicant has further stated that other application of the reactor in pipe line are: (i) to be fitted for wells, ponds, lakes etc. to motorized pipelines; (ii) to be fitted in building with overhead tank; (iii) swimming pool/fountain; (iv) sewage water treatment in township, hotels, hospitals etc. 5. The Appel\ant submitted that the above statement was not given by them to the concerned departmental officer and even during their hearing before AAR. Thus, the A
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e product in question under the sub-heading 8413 91. Personal Hearing 8. A personal hearing in the matter was conducted on 16.01.2019, where Shri Anjan Mukherjee, appearing on behalf of the Appellant, reiterated their written submissions which were earlier made before the Advance Ruling Authority. The departmental officer, represented by the Asstt. Commissioner, CGST, Div. VII, Mumbai East, opposed the arguments of the Appellant. Discussions and Findings 9. We have gone through the submissions made by the appellant and the respondent along with the ruling pronounced by the Advance Ruling Authority. On perusal of the appeal and submissions made by the appellant as well as the respondents in the instant case, the question before us to decide is, whether the Reactor manufactured by the Appellant (herein after referred to us the impugned product ) can be considered as parts of the hand pumps or otherwise. 10. First of all, we would like to discuss the nature, design and functions of the im
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pment/machines- in the instant case, the Hand Pump. Thus, the impugned product is in no way associated with the extraction of the underground water from the bore well, which is the main function the Hand Pump. 11. The Appellant themselves have submitted that the impugned product can also be retro fitted with the motorized water lines for the purpose of purifying water and eliminating the microbes present in the water, thus their claim that the impugned product is designed only to be fitted with the hand pump is controvertible and self -contradicting and thus, not tenable as the hand pump system is completely different from the motorized water line arrangement/system in terms of functioning, nature and design. 12. While the Appellant's submission, that their product is meant for poor masses of rural India located in villages and that their product has acclaimed honour from various state governments and also from the Prime Minister's Office in India for being an innovative produc
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DAILY EXPRESS Versus THE ASSISTANT STATE TAX OFFICER, STATE GST DEPARTMENT, KOLLAM, COMMISSIONER OF KERALA STATE GOODS AND SERVICE TAX DEPARTMENT, OFFICE OF THE COMMISSIONER OF KERALA STATE GOODS AND SERVICE TAX DEPARTMENT, THIRUVANANTHAPURAM AND STATE OF KERALA, THIRUVANANTHAPURAM – 2019 (3) TMI 596 – KERALA HIGH COURT – TMI – Detention – seizure – penalty – applicability of 129 of the Central Goods and Services Tax Act, 2017 – liability of transporter – Held that:- Section 129(1) makes it adequately clear that any person who is interested in the goods shall be liable under Section 129(1)(b). Particularly, a reading of Section 129(6) would indicate that where a person transporting any goods or the owner of the goods, fails to pay the amount of tax and penalty as provided in sub-Section (1) within 14 days of such detention or seizure, further proceedings shall be initiated in accordance with the provisions of Section 130. This would undoubtedly indicate action not only against the good
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bout 100 lorries as carriers of goods in India. On 15.10.2018, while the petitioner was transporting goods bound to Kollam in vehicle No.KL- 04/V-9334 with a consignment by VIP Industries to be delivered to M/s.VTWO Ventures, Kollam, the vehicle was intercepted by the first respondent, Assistant Sales Tax Officer (ASTO). The driver had all documents in tact and in order, with the exception that, Part-B of the e-way bill was not complete. The vehicle was detained for the reason that it was not valid for movement under Section 138 of the CGST Act. The goods which were being carried, was invoiced as per Ext.P5 and there was admittedly no tax liability. Ext.P6 notice was issued under Section 129(1) of the CGST Act. The goods were ordered to be detained. Tax of ₹ 64,128/- with 100% penalty totalling to ₹ 1,28,256/- was imposed vide Ext.P7 notice under Section 129(3) of the CGST Act in Form GST MOV-07. 3. The petitioner filed the Writ Petition. Vide the impugned judgment dated 29
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e. According to her, non-filling of part-B of e-way bill is only a minor breach as stated in Section 126. More over, in view of the fact that there is no tax evasion, tax and penalty could not have been demanded, because there is no wilful misstatement or suppression of facts as required under Section 74 of the CGST Act. The learned counsel also takes us to Section 122 (xiv) of the CGST Act to argue for the proposition that even if there is a breach by the transporter, transporting any taxable goods without the cover of documents as may be specified in this behalf, at best, penalty to the tune of ₹ 10,000/- alone could be imposed. Even if general penalty is to be imposed under Section 125 of the CGST Act, it could only be to the extent of ₹ 25,000/- and nothing more. Hence, the learned counsel argues that imposition of tax and penalty to the tune of ₹ 1,28,256/- is atrocious and needs to be interfered with. Smt.Sujini would further draw our attention to Circular No.76
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lude a transporter as well. 7. We cannot accept the argument of the appellant for the reason that Section 129(1) makes it adequately clear that any person who is interested in the goods shall be liable under Section 129(1)(b). Particularly, a reading of Section 129(6) would indicate that where a person transporting any goods or the owner of the goods, fails to pay the amount of tax and penalty as provided in sub-Section (1) within 14 days of such detention or seizure, further proceedings shall be initiated in accordance with the provisions of Section 130. This would undoubtedly indicate action not only against the goods, but also against the transporter. 8. The non-obstante clause in Section 129 indicate that neither Section 126, nor the general provision of penalty under Section 125, or Section 122 would apply in cases where Section 129 is attracted. Section 126 refers to 'minor breaches'. Explanation(a) to section 126 states that a breach shall be considered a 'minor brea
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GST – Started By: – Kaustubh Karandikar – Dated:- 2-2-2019 Last Replied Date:- 5-2-2019 – XYZ (Mumbai) had paid rent towards their Delhi Office taken on rent and Delhi Office had taken input tax credit of the CGST + SGST charged in the Rent Invoice of the landlord. XYZ(Mumbai) had subsequently recovered the amount of rent paid of the Delhi office from their sister concern PQR, Pune by issuing a Service Invoice. XYZ need to charge CGST + SGST or IGST? – Reply By Rajagopalan Ranganathan – The Reply = Sir, According to Section 12 (3) of IGST Act, 2017, the place of supply of services, – (a) directly in relation to an immovable property, including services provided by architects, interior decorators, surveyors, engineers and other related expe
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e case may be, is located or intended to be located : In your case the service is deemed to be provided at the place where the immovable property is located. Since it is located in Delhi, you have to pay CGST and SGST. Even if the rent is collected from another person the said fact will not affect place of supply of service and gst is to be paid accordingly. Only drawback is XYZ cannot avail the credit of gst paid since he is located at Mumbai. – Reply By KASTURI SETHI – The Reply = I agree with Sh.Rajagopalan Ranganathan, Sir. – Reply By CASusheel Gupta – The Reply = XYZ (Mumbai) Paid rent for Delhi OfficeDelhi Office has taken ITC – it means Delhi Office is also registered in DelhiXYZ (Mumbai) recovered rent from PQR (Pune)In my view, sin
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GST – Started By: – Ashok Gandhi – Dated:- 2-2-2019 Last Replied Date:- 4-2-2019 – DEAR SIR,I AM AGENT IN MUMBAI WHO MANAGE OCEAN TRANSPORTATION TO OUTSIDE INDIA. NOW MY CLIENT IS INSISTING TO DO TOTAL FREIGHT BILL IN MY NAME. WHAT IS GST IMPLICATION IF I BILLED LOCALLY FROM MY CLIENT FOR FOREIGN OCEAN TRANSPORTATION.EXP.: AT PRESENT I AM MANAGING ABC'S OCEAN TRANSPORTATION DIRECTLY FROM SHIP OWNER WHO BASED OUTSIDE INDIA FOR TRANSFERRING GOODS FROM INDIA TO OUTSIDE INDIA. FOR THAT I AM CHA
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GST – Interest receipt or discount on deposits, loans or advances, which is exempted, shall not be considered for computing aggregate turnover in order to determine eligibility for composition scheme. – TMI Updates – Highlights
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GST – Intermediary services – pure and mere promotion and marketing services – The service of facilitating a supply of goods between the Principal and the customers is provided by the Appellant to the
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GST – Naturally bundled services – the question of being naturally bundled does not arise for the reason that every promotional activity with prospective customer does not result in a sale. Further, e
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GST – Detention of vehicle along with goods – When the writ petitioner is a registered dealer, when the tax in respect of the goods have already been remitted and when the transportation of goods is d
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GST – Jurisdiction to detain the goods – HC uphold the power of Assistant state tax officer to call upon the person in charge of the conveyance to produce the documents in question for verification. – TMI Updates – Highlights
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GST – Jurisdiction to detain the goods – The squad officer can intercept the goods, detain them for the purpose of preparing the relevant papers for effective transmission to the jurisdictional assess
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GST – Jurisdiction to detain the goods – Commissioner directed to issue a circular to all the inspecting squad officers in Tamil Nadu not to detain goods or vehicles where there is a bonafide dispute
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Goods and Services Tax – GST – Dated:- 2-2-2019 – The total gross GST revenue collected in the month of January, 2019 is ₹ 1,02,503 crore of which CGST is ₹ 17,763crore, SGST is ₹ 24,826 crore, IGST is ₹ 51,225 crore (including ₹ 24,065crore collected on imports) and Cess is ₹ 8,690 crore (including ₹ 902crore collected on imports). In FY 2018-2019, it is for the third time that GST Revenue collection has crossed One Lakh Crore. The total number of GSTR 3B Returns filed for the month of December up to 31st January, 2019 is 73.3lakh. The government has settled ₹ 18,344 crore to CGST and ₹ 14,677 crore to SGST from IGST as regular settlement. The total revenue earned by Central Government
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Goods and Services Tax – GST – By: – Ramandeep Bhatia – Dated:- 2-2-2019 – INTRODUCTION: In the GST regime, taxpayers have been shifted from the centralized registration (as was in service tax) to State centralized registration. There was off course option of business vertical which was allowed only on some restrictive purposes where the business line is subject to different risk and reward. There has been continuous demand from the industry especially from sectors which works in a standalone environment to provide a facility of separate registration within the state itself like chain restaurants, supermarkets, hotels etc. The Central GST Amendment 2018 with the amendment in section 25(2) effective from 1st of February 2019 to enable the person having multiple places of business in a state or union territory to obtain separate registrations for each such place of business if they wish so. Thus the requirement of business vertical for obtaining separate registration is dispensed with.
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State or a Union territory.- (1) Any person having multiple places of business within a State or a Union territory, requiring a separate registration for any such place of business under sub-section (2) of section 25 shall be granted separate registration in respect of each such place of business subject to the following conditions, namely:- (a) Such person has more than one place of business as defined in clause (85) of section 2; 2(85) place of business includes- (a) a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, supplies or receives goods or services or both; or (b) a place where a taxable person maintains his books of account; or (c) a place where a taxable person is engaged in business through an agent, by whatever name called; (b) Such person shall not pay tax under section 10 for any of his places of business if he is paying tax under section 9 for any other place of busine
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FORM GST REG-01 in respect of such place of business. (3) The provisions of rule 9 and rule 10 relating to the verification and the grant of registration shall, mutatis mutandis, apply to an application submitted under this rule. Inserted Rule -41A Transfer of credit on obtaining a separate registration for multiple places of business within a State or Union territory A registered person who has obtained separate registration for multiple places of business in accordance with the provisions of Rule 11 and who intends to transfer, either wholly or partly, the unutilised input tax credit lying in his electronic credit ledger to any or all of the newly registered place of business, shall furnish within a period of thirty days from obtaining such separate registrations, the details in FORM GST ITC-02A electronically on the common portal, either directly or through a Facilitation Centre notified in this behalf by the Commissioner: Provided that the input tax credit shall be transferred to
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R 100.00 CR and out of those total assets in the books of branch Pune is INR. 30.00 CR. Hence the total utilised ITC to the extent of 30% can be transferred to the Pune separate registration via form GST ITC -02A which needed to be filled within 30days of separate registration. The newly registered person (transferee) shall, on the common portal, accept the details so furnished by the registered person (transferor) and, upon such acceptance, the unutilised input tax credit specified in FORM GST ITC-02A shall be credited to his electronic credit ledger. Section 25(4) concept of a distinct person A person who has obtained or is required to obtain more than one registration, whether in one State or Union territory or more than one State or Union territory shall, in respect of each such registration, be treated as distinct persons for the purposes of this Act. Where separate registration is obtained for separate places of business the same will be treated as a distinct person as per Sectio
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Goods and Services Tax – GST – By: – Ashwarya Agarwal – Dated:- 2-2-2019 Last Replied Date:- 5-2-2019 – Highlights of major amendments in GST law to be made effective from 1st day of February, 2019. The word Central Board of Excise and Customs , wherever used is substituted as Central Board of Indirect Taxes and Customs Sub-clause (h) in definition of Business (Clause 17) is amended to ensure that all activities of Race club are included. The word service is also substituted to remove ambiguity as actionable claims have been defined as goods in the CGST Act. Now an assessee can have separate registration for multiple place of business within a single state. The concept of Business Vertical is done away with. For this purpose definition of Business Vertical in Section 2 clause (18) is omitted, Proviso to section 25(2) is substituted and Rule 11 of CGST Rule is amended. Rule 41A is inserted to prescribe manner and Form ITC 02A for distribution of unutilized Input Tax Credit to newly reg
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is done in section 5(4) of IGST Act. Composition Scheme Section 10 is amended to increase the limit from Rupees One Crore to Rupees One Crore and Fifty Lakh. Further necessary amendment is done to allow Composition dealers to supply services Explanation in clause (b) of section 16(2) is substituted to introduce concept of deemed receipt of Goods and Service for eligibility to claim Input Tax Credit. Presently this concept was only for goods. Now, in case of services, the registered person shall be deemed to have received the services where the services are delivered by the supplier to recipient or any other person on the direction of the said registered person. This may benefit Works contractors who are providing services elsewhere and billing elsewhere. Section 17(5) is amended to restrict eligibility of ITC on in respect of Motor Vehicle. Further ITC is being allowed in respect of food and beverages or both where the provision of such goods or services or both is obligatory for an em
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eemed to be suspended from the date of submission of application of cancellation, till the proceeding for cancellation of registration is pending. The registered person shall not make any taxable supply during the period of suspension and shall not be required to furnish any return under section 39. Credit Note / Debit Note Now a registered person can issue Single Credit Note / Single Debit Note for multiple invoices. This amendment will provide huge relief across industries as presently separate credit note / debit note was required to be issued for every single invoice. Section 34 is amended for this purpose along with insertion of sub-rule (1A) to Rule 53. Necessary changes shall be made in GST portal also for this purpose. Proviso is inserted to section 35(5) to exempt department of the Central or State Government / local authority which is subject to audit by CAG, from getting their books of account audited under section 44(2) i.e. GST Audit; New Section 49A & 49B is inserted
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eeding shall be initiated in accordance with provisions of section 130; Job Work Proviso is inserted in section 143(1) to empower Commissioner to extend the period of one year and three year as provided in section by further period not exceeding one year and two years respectively; Para 4 of Schedule I is amended to increase its scope. Now import of services by entities which are not registered under GST (say, they are only making exempted supplies) but are otherwise engaged in business activities, shall be taxed when received from a related person or from any of their establishments outside India. This will affect the foreign Companies not registered in India; New entries are made in Schedule III which are as below: Para 7 Supply of goods from a place in the non-taxable territory to another place in the non-taxable territory without such goods entering into India. Para 8 Supply of warehoused goods to any person before clearance for home consumption; Supply of goods by the consignee to
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