Amount of late fee payable for delayed filing of FORM GSTR-3B and fully waiver of the amount of late fees leviable on account of delayed furnishing of FORM GSTR-3B for the period July, 2017 to September, 2018 in specified cases.

Goods and Services Tax – Amount of late fee payable for delayed filing of FORM GSTR-3B and fully waiver of the amount of late fees leviable on account of delayed furnishing of FORM GSTR-3B for the per

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Waiver of Late fees leviable on account of delayed furnishing of FORM GSTR-1 for the period July, 2017 to September, 2018 in specified cases.

Goods and Services Tax – Waiver of Late fees leviable on account of delayed furnishing of FORM GSTR-1 for the period July, 2017 to September, 2018 in specified cases. – TMI Updates – Highlights

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Supplies made by Government Departments and PSUs to other Government Departments and vice-versa exempted from TDS.

Goods and Services Tax – Supplies made by Government Departments and PSUs to other Government Departments and vice-versa exempted from TDS. – TMI Updates – Highlights

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Due date extended for availing the special procedure for completing migration of taxpayers who received provisional IDs but could not complete the migration process.

Goods and Services Tax – Due date extended for availing the special procedure for completing migration of taxpayers who received provisional IDs but could not complete the migration process. – TMI Updates – Highlights

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Applicability of GST on various programmes conducted by the Indian Institutes of Managements (IIMs)

Goods and Services Tax – Applicability of GST on various programmes conducted by the Indian Institutes of Managements (IIMs) – TMI Updates – Highlights

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Clarification on GST rate applicable on supply of food and beverage services by educational institution

Goods and Services Tax – Clarification on GST rate applicable on supply of food and beverage services by educational institution – TMI Updates – Highlights

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Due date for furnishing the statement in FORM GSTR-8 by e-commerce companies for the months of October to December, 2018 extended till 31.01.2019

Goods and Services Tax – Due date for furnishing the statement in FORM GSTR-8 by e-commerce companies for the months of October to December, 2018 extended till 31.01.2019 – TMI Updates – Highlights

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Due date for furnishing of annual returns in FORM GSTR-9, FORM GSTR-9A and reconciliation statement in FORM GSTR-9C for the FY 2017-2018 extended till 30.06.2019.

Goods and Services Tax – Due date for furnishing of annual returns in FORM GSTR-9, FORM GSTR-9A and reconciliation statement in FORM GSTR-9C for the FY 2017-2018 extended till 30.06.2019. – TMI Updates – Highlights

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Due date for availing ITC on the invoices or debit notes relating to such invoices issued during the FY 2017-18 extended till 31.3.2019

Goods and Services Tax – Due date for availing ITC on the invoices or debit notes relating to such invoices issued during the FY 2017-18 extended till 31.3.2019 – TMI Updates – Highlights

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GST-ITC ON HOTEL BILLS

Goods and Services Tax – Started By: – SAFETAB LIFESCIENCE – Dated:- 2-1-2019 Last Replied Date:- 5-1-2019 – Dear Experts, Our Company Employees/Directors/Guests are staying at Hotels on official visit. We are getting Loding and Boarding Bills jointly and sometimes separately. Sometimes, in other state hotels, they are charges only CGST+SGST through our GST Number is different from their state. Some hotels giving IGST. 1. Shall we avail ITC of IGST and CGST+SGST ??? 2. Shall we avail ITC for Loding amount only or Lodging and boading together. ??? – Reply By KASTURI SETHI – The Reply = Place of supply is covered under Section 12 (3)(c) of IGST Act, 2017. Only CGST & SGST is to be charged by the owner of Hotel. Service is intangible in nature. Company employee goes to Hotel for stay in a State so service is supplied and consumed in that particular State. How IGST can be charged by Hotel owner ? See Para No.10(C) of Board's Flyer No.21 dated 1.1.18 CHST & SGST should be avail

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enance, and repair service obtained from the service providers for the running of these establishments has the direct benefit to the business operations of the applicant. Since the services are used in the course of and, also, in furtherance of its business, it is entitled to utilize credit of input tax paid by the service providers for paying output tax on the supplies made by the applicant in terms of section 16 of CGST Act. That the supplies, on which the applicant seeks to take input tax credit, are not blocked in section 17(5) of CGST Act. It was also stated that it would be entitled to take credit of tax paid on works contract service only for activities, for which the expenditure is claimed as revenue expenditure and not capitalized. It would not claim any credit with respect to services for which the expenditure is capitalized. After hearing contentions from both sides, the authority noted that the establishment of hospitals and maintenance thereof may be for discharging the st

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aping by way of gardening or otherwise is neither a perquisite nor a statutory obligation. It is purely for providing accommodation service to guests including employees on tour. This is, in fact, a business requirement to maintain such facilities and accordingly, the applicant is entitled to input tax credit of the tax paid on inward supply of input and input services for maintenance of the guest house, transit house, and training hostels, but excluding the food and beverages provided in such establishments. – Reply By KASTURI SETHI – The Reply = M/s. YAGAY AND SUN, Thank you, Sir. I was in search of this decision of AAR but could not trace out and posted reply on the basis of my memory. – Reply By Alkesh Jani – The Reply = Dear Experts,This discussion is worth to be noted, but to add a small part, that decision of AAR is applicable only to that state and the person who have applied for it. Therefore, based on this, the querist, may filed application for advance ruling and can save th

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The proportion of value attributable to different States or Union territories, under sub-section (7) of section 13 of the said Act, in the case of supply of services by way of admission …..

Rule 9 – Rules – IGST Rules – Integrated Goods and Services Tax Rules, 2017 – Rule 9 – 1[9. The proportion of value attributable to different States or Union territories, under sub-section (7) of section 13 of the said Act, in the case of supply of services by way of admission to, or organisation of a cultural, artistic, sporting, scientific, educational or entertainment event, or a celebration, conference, fair, exhibition or similar events, and of services ancillary to such admission or organ

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The proportion of value attributable to different States or Union territories, under sub-section (7) of section 13 of the said Act, in the case of supply of services directly in relation to an immovable property …..

Rule 8 – Rules – IGST Rules – Integrated Goods and Services Tax Rules, 2017 – Rule 8 – 1[8. The proportion of value attributable to different States or Union territories, under sub-section (7) of section 13 of the said Act, in the case of supply of services directly in relation to an immovable property, including services supplied in this regard by experts and estate agents, supply of accommodation by a hotel, inn, guest house, club or campsite, by whatever name called, grant of rights to use i

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The supply of services attributable to different States or Union territories, under sub-section (7) of section 13 of the said Act, in the case of services supplied in respect of goods which are required to be made physically available …..

Rule 7 – Rules – IGST Rules – Integrated Goods and Services Tax Rules, 2017 – Rule 7 – 1[7.The supply of services attributable to different States or Union territories, under sub-section (7) of section 13 of the said Act, in the case of services supplied in respect of goods which are required to be made physically available by the recipient of services to the supplier of services, or to a person acting on behalf of the supplier of services, or in the case of services supplied to an individual, represented either as the recipient of services or a person acting on behalf of the recipient, which require the physical presence of the recipient or the person acting on his behalf, where the location of the supplier of services or the location of

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; (ii) in the case of services supplied on different goods, by taking the ratio of the invoice value of goods in each of the States and Union territories, on which service is performed, as the ratio of the value of the service performed in each State or Union territory; (iii) in the case of services supplied to individuals, by applying the generally accepted accounting principles. Illustration-1: A company C which is located in Kolkata is providing the services of testing of a dredging machine and the testing service on the machine is carried out in Orissa and Andhra Pradesh. The place of supply is in Orissa and Andhra Pradesh and the value of the service in Orissa and Andhra Pradesh will be ascertained by d

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The supply of services attributable to different States or Union territories, under sub- section (7) of section 12 ……

Rule 5 – Rules – IGST Rules – Integrated Goods and Services Tax Rules, 2017 – Rule 5 – 1[5. The supply of services attributable to different States or Union territories, under sub- section (7) of section 12 of the said Act, in the case of- (a) services provided by way of organisation of a cultural, artistic, sporting, scientific, educational or entertainment event , including supply of services in relation to a conference, fair exhibition, celebration or similar events; or (b) services ancillary to the organisation of any such events or assigning of sponsorship to such events , where the services are supplied to a person other than a registered person, the event is held in India in more than one State or Un

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The supply of services attributable to different States or Union territories, under sub section (11) of section 12 …..

Rule 6 – Rules – IGST Rules – Integrated Goods and Services Tax Rules, 2017 – Rule 6 – 1[6. The supply of services attributable to different States or Union territories, under sub section (11) of section 12 of the said Act, in the case of supply of services relating to a leased circuit where the leased circuit is installed in more than one State or Union territory and a consolidated amount is charged for supply of such services, shall be taken as being in each of the respective States or Union territories, and in the absence of any contract or agreement between the supplier of service and recipient of services for separately collecting or determining the value of the services in each such State or Union territory, as the case maybe, shall

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any T installs a leased circuit between the Delhi and Mumbai offices of a company C. The starting point of this circuit is in Delhi and the end point of the circuit is in Mumbai. Hence one point of this circuit is in Delhi and another in Maharashtra. The place of supply of this service is in the Union territory of Delhi and the State of Maharashtra. The service shall be deemed to have been provided in the ratio of 1:1 in the Union territory of Delhi and the State of Maharashtra, respectively. Illustration 2: A company T installs a leased circuit between the Chennai, Bengaluru and Mysuru offices of a company C. The starting point of this circuit is in Chennai and the end point of the circuit is in Mysuru. The circuit also connects

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The supply of services attributable to different States or Union territories, under sub section (3) of section 12 …..

Rule 4 – Rules – IGST Rules – Integrated Goods and Services Tax Rules, 2017 – Rule 4 – 1[4. The supply of services attributable to different States or Union territories, under sub section (3) of section 12 of the Integrated Goods and Services Tax Act, 2017 (hereinafter in these rules referred to as the said Act), in the case of- (a) services directly in relation to immovable property, including services provided by architects, interior decorators, surveyors, engineers and other related experts or estate agents, any service provided by way of grant of rights to use immovable property or for carrying out or co-ordination of construction work; or (b) lodging accommodation by a hotel, inn, guest house, homestay, club or campsite, by whatever name called, and including a houseboat or any other vessel ; or (c) accommodation in any immovable property for organising any marriage or reception or matters related thereto, official, social, cultural, religious or

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ices shall be treated as made in each of the respective States or Union territories, in proportion to the number of nights stayed in such property; (ii) in case of all other services in relation to immovable property including services by way of accommodation in any immovable property for organising any marriage or reception etc., and in cases of supply of accommodation by a hotel, inn, guest house, club or campsite, by whatever name called where such property is a single property located in two or more contiguous States or Union territories or both, and services ancillary to such services, the supply of services shall be treated as made in each of the respective States or Union territories, in proportion to the area of the immovable property lying in each State or Union territory; (iii) in case of services provided by way of lodging accommodation by a house boat or any other vessel and services ancillary to such services, the supply of services shall be treated a

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1 say 12,000 square feet and partly in State S2, say 8000 square feet. Site preparation work has been entrusted to T. The ratio of land in the two states works out to 12:8 or 3:2 (simplified). The place of supply is in both S1 and S2. The service shall be deemed to have been provided in the ratio of 12:8 or 3:2 (simplified) in the States S1 and S2 respectively. The value of the service shall be accordingly apportioned between the States. Illustration 3: A company C provides the service of 24 hours accommodation in a houseboat, which is situated both in Kerala and Karnataka inasmuch as the guests board the house boat in Kerala and stay there for 22 hours but it also moves into Karnataka for 2 hours (as declared by the service provider). The place of supply of this service is in the States of Kerala and Karnataka. The service shall be deemed to have been provided in the ratio of 22:2 or 11:1 (simplified) in the states of Kerala and Karnataka, respectively. The value of the ser

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GST Revenue collection for December 2018

Goods and Services Tax – GST – Dated:- 2-1-2019 – GST Revenue collection for December 2018 ₹ 94,726 crore of total gross GST revenue collected in the month of December The total gross GST revenue collected in the month of December, 2018 is ₹ 94,726 crore of which CGST is ₹ 16,442 crore, SGST is ₹ 22,459 crore, IGST is ₹ 47,936 crore (including ₹ 23,635 crore collected on imports) and Cess is ₹ 7,888 crore (including ₹ 838 crore collected on imports). The total number of GSTR 3B Returns filed for the month of November up to 31st December, 2018 is 72.44 lakh. The government has settled ₹ 18,409 crore to CGST and ₹ 14,793 crore to SGST from IGST as regular settlement. Further, &#8377

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Central Goods and Services Tax (Amendment) Act, 2018- Clarification regarding section 140(1) of the CGST Act, 2017

Goods and Services Tax – 87/06/2019 – Dated:- 2-1-2019 – Circular No. 87/06/2019-GST F. No. 267/80/2018-CX.8 Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs New Delhi, the 2nd Jan, 2019 To The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/ Commissioner of Central Tax (All) The Principal Director Generals/ Director Generals (All) Madam/ Sir, Sub: Central Goods and Services Tax (Amendment) Act, 2018- Clarification regarding section 140(1) of the CGST Act, 2017-reg. Attention is invited to sub-section (a) of section 28 of the CGST (Amendment) Act, 2018 (No. 31 of 2018) which provides that section 140(1) of the CGST Act, 2017 be amended with retrospective e

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gal position has not changed due to amendment of section 140(1) on account of following reasons: i) The amendment in provisions of section 140(1) and the explanations to section 140 need to be read harmoniously such that neither any provision of the amendment becomes otiose nor does the legislative intent of the amendment get defeated. ii) The intention behind the amendment of section 140(1) to include the expression "eligible duties has been indicated in the Rationale/ Remarks column (at Sl. No. 37) of the draft proposals for amending the GST law which was uploaded in the public domain for comments. It is clear that the transition of credit of taxes paid under section 66B of the Finance Act, 1994 was never intended to be disallowed un

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regarding goods in stock as referred to in Explanation 1 to section 140 or to the condition regarding inputs and input services in transit, as referred to in Explanation 2 to section 140. 4. Further, it has been decided not to notify the clause (i) of sub-section (b) of section 28 and clause (i) of sub-section (c) of section 28 of CGST (Amendment) Act, 2018 which link Explanation 1 and Explanation 2 of section 140 to section 140(1). This would ensure that the credit allowed to be transitioned under section 140(1) is not linked to credit of goods in stock, as provided under Explanation 1, and credit of goods and services in transit, as provided under Explanation 2. However, the duties and taxes for which transition is allowed shall be gover

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