Notification to rescind Notification No.42/ST-2, dated 30.06.2017 in view of bringing into effect the amendments in the HGST Act, 2017 (regarding RCM on supplies by unregistered person) under HGST Act, 2017

Notification to rescind Notification No.42/ST-2, dated 30.06.2017 in view of bringing into effect the amendments in the HGST Act, 2017 (regarding RCM on supplies by unregistered person) under HGST Act, 2017
20/GST-2 Dated:- 31-1-2019 Haryana SGST
GST – States
Haryana SGST
Haryana SGST
HARYANA GOVERNMENT
EXCISE AND TAXATION DEPARTMENT
Notification
The 31st January, 2019
No. 20/GST-2.- In exercise of the powers conferred by sub-section (1) of section 11 of the Haryana Goods and

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In Re: Assistant Commissioner of Central Tax (T & R), Howrah CGST & CX Commissionerate (M/s. RLJ Woven Sacks Pvt. Ltd.)

In Re: Assistant Commissioner of Central Tax (T & R), Howrah CGST & CX Commissionerate (M/s. RLJ Woven Sacks Pvt. Ltd.)
GST
2019 (2) TMI 833 – AUTHORITY FOR ADVANCE RULING, WEST BENGAL – 2019 (22) G. S. T. L. 120 (App. A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING, WEST BENGAL – AAAR
Dated:- 31-1-2019
Appeal Case No. 08/WBAAAR/Appeal/2018
GST
MR. A.P.S SURI, AND MS. SMARAKI MAHAPATRA, MEMBER
An Appeal filed under Section 100(1) of the West Bengal Goods and Services Tax Act, 2017/ Central Goods and Services Tax Act, 2017, by the Assistant Commissioner of Central Tax, Howrah CGST & CX Commissionerate.
Present for the Appellant: Sri Dipankar Mukherjee, Superintendent (T&R), Central Tax, Howrah CGST & CX Commissionerate
Present for the Respondent: Sri Vinay Kumar Shraff, Advocate
This Appeal has been filed by the Assistant Commissioner of Central Tax, Howrah CGST & CX Commissionerate (hereinafter referred to as “the Appellant”) on 05.11.2018 against Advance Ruling

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or lamination with plastics, are to be classified under Tariff Sub-Heading 6305 33 00.
4. The Appellant has filed an Appeal against the above Advance Ruling with the prayer to set aside/ modify the impugned Advance Ruling passed by the Authority for Advance Ruling or pass any such further or other orders as may be deemed fit and proper in the facts and circumstances of the case on the following grounds:
(i) The learned Advance Ruling Authority has referred to Note 1 (h) to Section XI of the tariff Act which covers textile and textile articles from Chapter 50 to 63 and does not include woven, knitted or crocheted fabrics of Chapter 39, hence the learned Advance Ruling authority has erred in interpreting the true essence of this Chapter Note.
(ii) The learned Advance Ruling Authority has erred in reading the legality of the Section Note in so far as when every word in the above Chapter note is separated by comma then each word should be given equal weightage and from that perspective

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ngly. No other points pertaining to other issues were raised before us during the course of the arguments. There shall be no order as to costs.”
This order has not been superceded by any decision of any Hon'ble High Court or the Hon'ble apex Court. Hence the judgment delivered by the Advance Ruling Authority is not proper and legal.
(iv) The said taxpayer has been following this practice of classifying both their products-PP Leno Bags & PP woven sacks-under Chapter 39 for the last 9 years. It is not cogent why the taxpayer did not seek advance Ruling at any point of time, earlier. Under self-assessment regime, the taxpayer is the active agent in seeking such Ruling in case of doubts related to classification, or otherwise. The taxpayer's action of their seeking advance Ruling in this case and a sudden change in classification betrays their self- serving intent of taking undue advantage of a lower tax rate. This was also held by the Apex Court in Sri Babu Ram alias Durga Prasad vs. Sr

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“….. In case of doubt or ambiguity, benefit of it must go to the State. This is for the reason explained in Mangalore Chemicals and other decisions, viz., each such exception/exemption increases the tax burden on other members of the community correspondingly. Once, of course, the provision is found applicable to him, full effect must be given to it. As observed by a Constitution Bench of this Court in Hansraj Gordhandas v. H.H.Dave [1978(2) E.L.T (J 350) 1969 (2) S.C.R 253) = 1968 (9) TMI 112 – SUPREME COURT OF INDIA that such a Notification has to be interpreted in the light of the words employed by it and not on any other basis. This was so held in the context of the principle that in a taxing statute, there is no room for any intendment, that regard must be had to the clear meaning of the words and that the matter should be governed wholly by the language of the Notification, i.e, by plain terms of exemption.”
5. During the course of the hearing the Appellant reiterated the poi

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nsion exceeds 1 mm or strip or the like (for example, artificial straw) of an apparent width exceeding 5 mm, of plastics (Chapter 39), or plaits or fabrics or other basket-ware or wickerwork of such monofilament or strip (Chapter 46).
(ii) Further, the Respondent referred to Note 1 (h) to Section XI of the Tariff Act, which states that Textile and Textile Articles covering Chapters 50 to 63, does not include “Woven, knitted or crocheted fabrics, felt or nonwovens, impregnated coated, covered or laminated with plastics, or articles thereof, of Chapter 39”. It was further submitted that from the bare perusal of Chapter and Section notes it is clear that in order to be included in Chapter 63, the width of the tapes, manufactured from plastics or articles of Chapter 39, used to weave the fabric should be less than or equal to 5 mm and should not be impregnated, coated, covered or laminated with plastics or articles thereof, of Chapter 39.
(iii) It was further submitted that the Responden

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Further, the unit of the Respondent was also registered as a Technical Textile Unit with the Textile Commissioner.
(vi) The Respondent added that any expert's opinion cannot be discarded without producing contrary opinion of another expert and cited the judgment of the Apex Court in the matter of Parle Agro (P) Ltd. Vs. Commissioner of Commercial taxes, Trivandrum reported in 2017 (352) ELT 113 (SC) = 2017 (5) TMI 592 – SUPREME COURT OF INDIA, in support of his submission.
(vii) The Respondent admitted that earlier the Leno bags in question were being classified by them under Chapter 39 instead of Chapter 63 not for claiming any benefit but out of ignorance but that does not operate as estoppels/ res judicata against them for claiming classification under the correct tariff/ subheading of GST Tariff. In support of this submission the Respondent referred to following judgments/ orders namely;
a. Commissioner of Central Excise, Bhopal Vs. Mahakoshal Potteries [2005 (183) ELT 289 (Tr

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ast India Pvt. Ltd. vs. State of UP reported in [2008] 14 VST 259(SC) = 2008 (4) TMI 101 – SUPREME COURT.
7. The matter is examined and written and oral submissions made before us are considered.
8. The Chapter 63 covers 'Other made up textile articles; sets; worn clothing and worn textile articles; rags'. For sake of clarity, the relevant text of the Tariff Heading 6305 3300 is reproduced as under:
“6305
Sacks and bags, of a kind used for the packing of goods
……
-Of man-made textile materials
6305 3300 
Other, of polyethylene or polypropylene strip or the like”
Further Chapter 39 covers “Plastics and Articles thereof'. For sake of clarity the relevant text of Chapter Sub-Heading 3923 2990 is reproduced as under:
“3923
Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics
 ……..
-Sacks and bags (including cones)
392329  
Of other plastics
39232990
Other”
From the plain reading of

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opylene/ Linear Low Density Polyethylene (i.e., made of plastics) as defined under Chapter Sub-Heading 3923. Hence, the impugned goods are clearly classifiable under Chapter Sub-Heading 39232990.
9. It is pertinent to mention that the Note 2(p) of the Chapter 39 of GST Tariff (plastics and Articles thereof) does not cover the goods of Section XI (Textiles & Textile Products). In the instant case, the impugned product, by no way of stretch of imagination, could be termed as Textiles or Textile Products. Therefore, unless the impugned goods have been manufactured from the material which qualifies as Textiles of the Chapter 63, it would not be proper to consider the same to be classifiable under Chapter 63053300. Further, Section Note 1 (h) of Section XI of the Tariff Act, specifically excludes:
“woven, knitted or crocheted fabrics, felt or nonwovens, impregnated, coated, covered or laminated with plastics, or articles thereof, of Chapter 39;”
From the plain reading of the above Sectio

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p (Chapter 46). From the plain reading of the aforesaid Section Note, it transpires that it relates to classification of Monofilament having cross-sectional dimension exceeding 1 mm of an apparent width exceeding 5 mm of plastics and any Articles made from such Monofilament only. If Monofilament having cross-sectional dimension more than 1 mm of an apparent width exceeding more than 5mm of plastics then the same would qualify under Chapter 39. If the goods are plaits or fabrics or other basketware or wickerwork of such monofilament or strip, then the same would be classifiable under Chapter 46. Hence, the above said Section Note 1 (g) of Section XI of the Tariff Act does not help the Respondent in the instant case.
11. The Respondent has also made references of Bureau of Indian Standards and Technical Textile Unit for substantiating the classification of the impugned goods under Chapter 63. However, it is pertinent to mention that the classifications of the goods shall always be deter

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be classifiable under Chapter 39. Now, in the instant case the Respondent has been classifying the impugned goods under Sub-Heading No. 3923.90 of the Central Excise Tariff for last 9 (nine) years and their present appeal has the only aim to enjoy lower tax rate of tax under GST. In both the cases, the factual matrix is identical.
13. In the matter of Gujarat Raffia Industries Ltd. vs Commr. of C. Ex. (CESTAT Delhi) on 14 January, 2003 = 2003 (1) TMI 146 – CEGAT, NEW DELHI, vide para 6, the Hon'ble CESTAT has observed and held the following:
“……If the strip is a strip of plastic only and not a synthetic material and is also known in the common parlance as a commodity of plastic, and the finished goods that is the HOPE woven sacks are also known in the common parlance as plastic woven sacks, then it cannot be held that the strips with which such bags are woven are the strips of synthetic textile material.”
14. The Respondent's intention to change the classification of the impugn

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tariff rate of GST, which is devoid of merit.
15. CBIC, vide para 7 of the Circular 80/54/2018-GST dated 31-08-2018, addressed the following issue:-
Applicability of GST on Supply of Polypropylene Woven and Non-Woven Bags and PP Woven and Non-Woven Bags laminated with BOPP.
CBIC, vide Para 7 of the above said Circular, has clarified the issue as reads hereunder:
“7.2 As per the explanatory notes to the HSN to HS Code 39.23, the heading covers all articles of plastics commonly used for the packing or conveyance of all kinds of products and includes boxes, crates, cases, sacks and bags.
7.3 Further as per the Chapter note to Chapter 39, the expression 'plastics' means those materials of heading 39.01 to 39.14 which are or have been capable, either at the moment of polymerization or at some subsequent stage, of being formed under external influence (usually heat and pressure, if necessary with a solvent of plasticizer) by moulding, casting, extruding, rolling or other process into s

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In Re: Mr. Kailash Chandra (M/s. Mali Construction)

In Re: Mr. Kailash Chandra (M/s. Mali Construction)
GST
2019 (2) TMI 834 – AUTHORITY FOR ADVANCE RULING, RAJASTHAN – 2019 (21) G. S. T. L. 565 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING, RAJASTHAN – AAR
Dated:- 31-1-2019
ARN No. RAJ/AAR/2018-19/31
GST
J.P. MEENA AND HEMANT JAIN MEMBER
Present for the applicant: Mr. Mudit Jain, (Authorised Representative)
Note: Under Section 100 of the CGST/RGST Act, 2017, an appeal against this ruling lies before the Appellate Authority for Advance Ruling constituted under section 99 of CGST/RGST Act, 2017, within a period of 30 days from the date of service of this order.
The issue raised by Mr. Kailash Chandra, (M/s. Mali Construction), situated at Mali Vas, Maandava, Mandwa, Sirohi, Rajasthan – 307001 (hereinafter the applicant) is fit to pronounce advance ruling as it falls under the ambit of the Section 97(2)(a) and (e), given as under :
a. classification of goods and/or services or both
e. determination of the liabil

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in relation to such tender the applicant is required to quote a rate for undertaking all the aforesaid activities which shall be inclusive of all the costs of site visits on the part of the applicant, packaging, forwarding, spare parts, insurance and taxes & duties as may be applicable. Hence, in view of the same the applicant is desirous of knowing its liability of GST in relation to the said activity and therefore seeks the ruling of the advance ruling authority on the below mentioned transaction:
i. The applicant is willing to bid for atender supposed to be floated by P.H.E.D. for designing, providing, installation, commissioning, operation and maintenance of Reverse Osmosis Plants.
ii. The above mentioned work shall comprise the following major activities:
a) Design, supply, install, test and commission Reverse Osmosis Plants to treat ground water and provide potable water of BIS standards, along with raw water and treated water storage tanks, construction of housing structure

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of works contract has been explicitly classified as supply of service under Schedule Il, tax liability on works contract service has been expressly prescribed. Therefore, the concept of works contract should to be discussed and settled first. However under GST, there is a monumental shift in concept of Works Contract which was prevalent under erstwhile VAT and Service Tax regime. In GST, as per definition of works contract service if construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning is for immovable property only, then it will classify as works contract. Hence it means that aforesaid activities, if they are undertaken for a movable property then it will not be works contract service.
1.4. On the given issue, CBEC has also clarified in its circular number 58/1/2002-CX dated 15/ 1/2002 where in para (e) it was clarified that
e) If items assembled or erected at site and att

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he firm as successfully completed and certificates to this effect are obtained from the field officers.
1.6. Based on above, it is amply clear that the above transaction is a natural bundle of supply of both goods and services and therefore falls under the ambit of composite supply.
1.7. Further the following facts have been analysed to determine the principal supply of the contract :
* The object of the department behind floating the tender for the given work is installation of Community water purification plants based on Reverse Osmosis (RO) technology by treating the in-situ ground water for providing potable water. Thus, the predominant element is supply of RO plant and its installation; commissioning, operation and maintenance are services availed for better functioning and operation of the RO plant supplied.
* The payment schedule for supply, erection, commissioning and O & M of RO unit also indicate that supply of RO plant is the predominant supply.
1.8. Since the predomi

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s made earlier, alternatively if it is held that given activity undertaken by the applicant is a supply of works contract service, then in that case the applicant submits that the rate of tax in given service shall be determined in accordance with the Notification No 11/2017-CT (Rate) dated 28.06.2017, as amended from time to time.
1.12. Since the given activity undertaken by the applicant culminates into a plant for water supply or treatment and since work is undertaken for PWD which is Government Department, hence according to applicant the rate of tax applicable on given service (if it is a works contract service) shall fall under Entry 3(iii) with HSN Code 99544 and it should be 12%.
That in case of above transaction, the entire work to be awarded shall be composite supply wherein the principal supply shall be supply of goods i.e. RO Plants and the same shall be classified under HSN code 8421 and taxable at the rate of 18%.
Further, if it is considered as a works contract servic

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.
5. FINDINGS ANALYSIS & CONCLUSION:
a. According to Section 8 of Central Goods and Services Tax Act, 2017
8. The tax liability on a composite or a mixed supply shall be determined in the following manner, namely:-
(a) a composite supply comprising two or more supplies, one of which is a principal supply, shall be treated as a supply of such principal supply; and
(b) ………………………………
b. As per Section 2(30) composite supply is defined as
(30) “composite supply” means a supply made by a taxable person to a recipient consisting of two or more taxable supplies of goods or services or both, or any combination thereof, which are naturally bundled and supplied in conjunction with each other in the ordinary course of business, one of which is a principal supply;
c. Further principal supply is defined under Section 2(90) as
(90) “principal supply” means the supply of goods or services which constitutes the predominant element of a composite supply and to which an

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e supplies is a principal supply.
g. However, since composite supply of works contract has been explicitly classified as supply of service under Schedule II, the concept of works contract follows that:-
1. Works contract in itself is a composite supply in which construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning etc are involved along with transfer or property in goods.
2. In GST, as per definition of works contract service if construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning is for immovable property only, then it will classify as works contract. Hence it means that aforesaid activities if they are undertaken for a movable property then it will not be works contract service.
3. Now whether a supply is a works contract or not is dependent on whether the plant

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inference can be drawn what is movable and what can be immovable from given clarification.
5. As mentioned in the facts above, that in brief, following activities are covered under the scope of works proposed to be undertaken by the applicant:
* Design, supply, install, test and commission Reverse Osmosis Plants to treat ground water and provide potable water of BIS standards, along with raw water and treated water storage tanks, construction of housing structure for RO plant and all the necessary works for operation for such work. Bidder may install containerized RO plants.
* Providing, installation and commissioning of Solar/ Battery operated Cluster dispensers (a standalone Cement Ring Structure having storage water tank) and transporting water from mother Reverse Osmosis Plant to Cluster dispensers, wherever installed, through Water tankers.
* A comprehensive operation and maintenance of the installations for a period of 7 years.
* Delivering potable water from plant site

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ly completed and certificates to this effect are obtained from the field officers.
* As per tender, payment schedule for supply, erection, commissioning and O & M of RO unit will be made for individual installation of RO plants collectively.
I. According to definition of works contract under GST regime, the supply of goods and services are done by the supplier simultaneously which is for immovable property. Hence in works contract supply of goods and services together is compulsory.
Thus, based on above facts and concept such contract shall be a single supply and cannot be treated as distinct supplies. Since all the conditions of composite supply are satisfied, it is a composite supply.
J. We observe that the activity proposed to be undertaken is a composite supply of works contract, the rate of tax in given service shall be determined in accordance with the Notification No 11/2017-CT (Rate) dated 28.06.2017, as amended from time to time.
On perusal of said Notification under S.

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Provided that where the services are supplied to a Government Entity, they should have been procured by the said entity in relation to a work entrusted to it by the Central Government, State Government, Union territory or local authority, as the case may be;
K. It is therefore, the activity of supply, design, installation, commissioning and testing of reverse osmosis plant and O &M work by the applicant is a Works Contract of Composite Supply. This composite supply is a mixed of goods and services and predominant supply is supply of services. Since this supply is undertaken for a Government Department viz. PHED which is a Government of Rajasthan Department, hence the rate of tax applicable on given service (as it is a works contract service) shall fall under Entry 3(iii) with HSN Code 99544 and it should be IGST@12%(CGST@6%, SGST@6%).
6. Based on above facts along with provision of law the ruling is as follows:-
RULING
The activity of supply, design, installation, commissioning an

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Waiver of late fee on late filing of GSTR 3B from July, 2017 onwards

Waiver of late fee on late filing of GSTR 3B from July, 2017 onwards
G.O.MS.No. 82 Dated:- 31-1-2019 Andhra Pradesh SGST
GST – States
Andhra Pradesh SGST
Andhra Pradesh SGST
GOVERNMENT OF ANDHRA PRADESH
REVENUE (COMMERCIAL TAXES-II) DEPARTMENT
G.O.MS.No. 82
Dated: 31-01-2019
NOTIFICATION
In exercise of the powers conferred by section 128 of the Andhra Pradesh Goods and Services Tax Act, 2017 (Act No.16 of 2017) (hereafter in this notification referred to as the said Act), the Government, on the recommendations of the Goods and Services Tax Council , and in supersession of the notification issued vide G.O. Ms No.456 Revenue (CT-II) Dt.16.10.2017, notification issued vide G.O.Ms No.560 Revenue (CT-II) Dt.24.11.2017 and no

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Andhra Pradesh Goods and Services Tax (Twenty-Eighth Amendment) Rules, 2018

Andhra Pradesh Goods and Services Tax (Twenty-Eighth Amendment) Rules, 2018
G.O.MS.No. 80 Dated:- 31-1-2019 Andhra Pradesh SGST
GST – States
Andhra Pradesh SGST
Andhra Pradesh SGST
GOVERNMENT OF ANDHRA PRADESH
REVENUE (COMMERCIAL TAXES-II) DEPARTMENT
G.O.MS.No. 80
Dated: 31-01-2019
NOTIFICATION
In exercise of the powers conferred by section 164 of the Andhra Pradesh Goods and Services Tax Act, 2017 (Act No.16 of 2017), Government on the recommendations of the Goods and Services Tax Council, hereby makes the following rules further to amend the Andhra Pradesh Goods and Services Tax Rules, 2017, issued in G.O.Ms.No.227, Revenue (CT-II) Department dated: 22.06.2017 as subsequently amended, namely:-
(i) These rules may be called the Andhra Pradesh Goods and Services Tax (Twenty-Eighth Amendment) Rules, 2018.
(ii) Save as otherwise provided in these rules, they shall come into force with effect on and from the 31st December, 2018.
AMENDMENTS
In the Andhra Pradesh G

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tive shall not be required in the case of issuance of an electronic invoice in accordance with the provisions of the Information Technology Act, 2000 (Act No.21 of 2000).”.
(iv) In the said rules, in rule 49, after the second proviso, the following proviso shall be inserted, namely:-
“Provided also that the signature or digital signature of the supplier or his authorised representative shall not be required in the case of issuance of an electronic bill of supply in accordance with the provisions of the Information Technology Act, 2000 (Act No.21 of 2000).”.
(v) in rule 54,-
(a) in sub-rule (2), the following proviso shall be inserted, namely:-
“Provided that the signature or digital signature of the supplier or his authorised representative shall not be required in the case of issuance of a consolidated tax invoice or any other document in lieu thereof in accordance with the provisions of the Information Technology Act, 2000 (Act No.21 of 2000).”.
(b) in sub-rule (4), the follo

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revision under section 108 which is likely to affect the person adversely, the Revisional Authority shall serve on him a notice in FORM GST RVN-01 and shall give him a reasonable opportunity of being heard.
(2) The Revisional Authority shall, along with its order under sub-section (1) of section 108, issue a summary of the order in FORM GST APL-04 clearly indicating the final amount of demand confirmed.”.
(x) in rule 138, in sub-rule (1), for Explanation 1, the following Explanation shall be substituted, namely-.
“Explanation 1. – For the purposes of this rule, the expression “handicraft goods” has the meaning as assigned to it in the notification issued vide G.O.Ms No.570, Dt.14.11.2018, as amended from time to time.”
(xi) After rule 138D, from a date to be notified later, the following rule shall be inserted, namely:-
“138E. Restriction on furnishing of information in PART A of FORM GST EWB-01.-Notwithstanding anything contained in sub-rule (1) of rule 138, no person (including

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ded also that the permission granted or rejected by the Commissioner of Central tax shall be deemed to be granted or, as the case may be, rejected by the Chief Commissioner.
Explanation:- For the purposes of this rule, the expression Commissioner of Central tax shall mean the jurisdictional Commissioner of central tax in respect of the persons specified in clauses (a) and (b)”
(xii) in rule 142, in sub-rule (5), after the words “section 74”, the words “or sub-section (12) of section 75” shall be inserted.
(xiii) for FORM GST RFD-01, the following form shall be substituted, namely:-
“FORM-GST-RFD-01
[See rule 89(1)]
Application for Refund
(Applicable for casual or non-resident taxable person, tax deductor, tax collector, un-registered person and other registered taxable person)
1.
GSTIN / Temporary ID
2.
Legal Name
3.
Trade Name, if any
4.
Address
5.
Tax period (if applicable)
From To
6.
Amount of Refund Claimed (Rs.)
Act
Tax
Interest
Penalty
Fees
Others
Tota

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on advance payment)
(j)
Tax paid on an intra-State supply which is subsequently held to be inter-State supply and vice versa(change of POS)
(k)
Excess payment of tax, if any
(l)
Any other (specify)
8.
Details of Bank account
Name of bank
Address of branch
IFSC
Type of account
Account No.
9.
Whether Self-Declaration filed by Applicant u/s 54(4), if applicable
__Yes __No
[DECLARATION [second proviso to section 54(3)]
I hereby declare that the goods exported are not subject to any export duty. I also declare that I have not availed any drawback of central excise duty/service tax/central tax on goods or services or both and that I have not claimed refund of the integrated tax paid on supplies in respect of which refund is claimed.
Signature
Name –
Designation / Status”]
DECLARATION [section 54(3)(ii)]
I hereby declare that the refund of input tax credit claimed in the application does not include ITC availed on goods or services used for making 'nil' rated or fully e

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refund is being claimed. I also declare that the recipient shall not claim any refund with respect of the said supplies and also, the recipient has not availed any input tax credit on such supplies.
Signature
Name –
Designation / Status
UNDERTAKING
I hereby undertake to pay back to the Government the amount of refund sanctioned along with interest in case it is found subsequently that the requirements of clause (c) of sub-section (2) of section 16 read with sub-section (2) of section 42 of the CGST/SGST Act have not been complied with in respect of the amount refunded.
Signature
Name –
Designation / Status
SELF- DECLARATION [rule 89(2)(l)]
I ____________________ (Applicant) having GSTIN/ temporary Id -, solemnly affirm and certify that in respect of the refund amounting to Rs. / with respect to the tax, interest, or any other amount for the period fromto-, claimed in the refund application, the incidence of such tax and interest has not been passed on to any other person.
Si

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3
4
5
Statement 1A [rule 89(2)(h)]
Refund Type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)]
Sl. No.
Details of invoices of inward supplies of inputs received
Tax paid on inward supplies of inputs
Details of invoices of outward supplies issued
Tax paid on outward supplies
GST IN of the supplier *
No.
Date
Taxable Value
Integrated Tax
Central Tax
State Tax /Uni on territory Tax
No .
Date
Taxable Value
Invoice type (B2B/ B2C)
Integrated Tax
Central Tax
State Tax /Uni on territory Tax
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
* In case of imports or supplies received under reverse charge mechanism [sub-section (3) of section 9 of the APGST Act/SGST Act or sub-section (3) of section 5 of IGST Act], the GSTIN of supplier will mean GSTIN of applicant (recipient).
Statement- 2 [rule 89(2)(c)]
Refund Type: Exports of services with payment of tax
(Amount in Rs.)
Sr. No.
Invoice details
Integrated tax
Cess

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r (on payment of tax)
(Amount in Rs.)
GSTIN of recipient
Invoice details
Shipping bill/ Bill of export/ Endorsed invoice by SEZ
Integrated Tax
Cess
Integrated tax and cess involved in debit note, if any
Integrated tax and cess involved in credit note, if any
Net Integrated tax and cess (8+9+10 – 11)
No .
Date
Value
No .
Date
Taxable Value
Amt.
1
2
3
4
5
6
7
8
9
10
11
12
Statement-5 [rule 89(2)(d) and 89(2)(e)]
Refund Type: On account of supplies made to SEZ unit or SEZ Developer (without payment of tax)
(Amount in Rs.)
Sr. No.
Invoice details
Goods/ Services (G/S)
Shipping bill/ Bill of export/ Endorsed invoice no.
No.
Date
Value
No.
Date
1
2
3
4
5
6
7
Statement-5A [rule 89(4)]
Refund Type: On account of supplies made to SEZ unit / SEZ developer without payment of tax (accumulated ITC) – calculation of refund amount
(Amount in Rs.)
Turnover of zero rated supply of
goods and services
Net input tax credit
Adjusted total turnover
Re

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Integrated tax
Central tax
Stat
e/ UT tax
Cess
Place of Supply
No .
Date
Value
Taxable Value
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Statement-7 [rule 89(2)(k)]
Refund Type: Excess payment of tax, if any in case of last return filed.
(Amount in Rs.)
Tax period
ARN of return
Date of filing return
Tax Payable
Integrated tax
Central tax
State/ UT tax
Cess
1
2
3
4
5
6
7
Annexure-2
Certificate [rule 89(2)(m)]
This is to certify that in respect of the refund amounting to Rs.< < > > (in words) claimed by M/s (Applicant's Name) GSTIN/ Temporary ID- for the tax period < ->, the incidence of tax and interest, has not been passed on to any other person. This certificate is based on the examination of the books of account and other relevant records and returns particulars maintained/ furnished by the applicant.
Signature of the Chartered Accountant/ Cost Accountant:
Name:
Membership Number:
Place:
Date:
Note – This Certificate is not re

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be processed through this application.
6. Bank account details should be as per registration data. Any change in bank details shall first be amended in registration particulars before quoting in the application.
7. Declaration shall be filed in cases wherever required.
8. 'Net input tax credit' means input tax credit availed on inputs during the relevant period for the purpose of Statement-1 and will include ITC on input services also for the purpose of Statement-3A and 5A.
9. 'Adjusted total turnover' means the turnover in a State or a Union territory, as defined under clause (112) of section 2 excluding the value of exempt supplies other than zero-rated supplies, during the relevant period.
10. For the purpose of Statement-1, refund claim will be based on supplies reported in GSTR-1 and GSTR-2.
11. BRC or FIRC details will be mandatory where refund is claimed against export of services details of shipping bill and EGM will be mandatory to be provided in case of export of goods.

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Penalty
Fees
Others
Total
Central tax
State / UT tax
Integrated tax
Cess
Total
7.
Grounds of Refund Claim (select from drop down)
(a)
Excess balance in Electronic Cash Ledger
(b)
Exports of services- with payment of tax
(c)
Exports of goods / services- without payment of tax (accumulated ITC)
(d)
ITC accumulated due to inverted tax structure [under clause (ii) of first proviso to section 54(3)]
(e)
On account of supplies made to SEZ unit/ SEZ developer (with payment of tax)
(f)
On account of supplies made to SEZ unit/ SEZ developer (without payment of tax)
(g)
Recipient of deemed export supplies/ Supplier of deemed export supplies
(h)
On account of order
Sl. No.
Type of order
Order No.
Order date
Order Issuing Authority
Payment reference no., if any
(i)
Assessment
(ii)
Finalization of Provisional assessment
(iii)
Appeal
(iv)
Any other order (specify)
(i)
Tax paid on an intra-State supply which is subsequently held to be inter-State supply a

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nation / Status
DECLARATION [rule 89(2)(g)]
(For recipient/supplier of deemed export)
In case refund claimed by recipient__
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period. I also declare that the supplier has not claimed refund with respect to the said supplies.
In case refund claimed by supplier__
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the recipient shall not claim any refund with respect of the said supplies and also, the recipient has not availed any input tax credit on such supplies.
Signature
Name –
Designation / Status
UNDERTAKING
I hereby undertake to pay back to the Government the amount of refund sa

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given herein above is true and correct to the best of my/our knowledge and belief and nothing has been concealed therefrom.
I/We declare that no refund on this account has been received by me/us earlier.
Place
Date
Signature of Authorised Signatory
(Name)
Designation/ Status
Annexure-1
Statement -1 [rule 89(5)]
Refund Type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)]
(Amount in Rs.)
Turnover of inverted rated
supply of goods and services
Tax payable on such
inverted rated supply of goods and services
Adjusted total turnover
Net input tax credit
Maximum refund
amount to be claimed [(1×4÷3)-2]
1
2
3
4
5
Statement 1A [rule 89(2)(h)]
Refund Type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)]
Sl . N o.
Details of invoices of inward supplies of inputs received
Tax paid on inward supplies of inputs
Details of invoices of outward supplies issued
Tax paid

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nd Type: Export without payment of tax (accumulated ITC) (Amount in Rs.)
Sr. No.
Invoice details
Goods/ Services (G/S)
Shipping bill/ Bill of
export
EGM Details
BRC/ FIRC
No.
Date
Value
Port code
No.
Date
Ref No.
Date
No.
Date
1
2
3
4
5
6
7
8
9
10
11
12
Statement- 3A [rule 89(4)]
Refund Type: Export without payment of tax (accumulated ITC) – calculation of refund amount
(Amount in Rs.)
Turnover of zero rated supply of goods and services
Net input tax credit
Adjusted total turnover
Refund amount (1×2÷3)
1
2
3
4
Statement-4 [rule 89(2)(d) and 89(2)(e)]
Refund Type: On account of supplies made to SEZ unit or SEZ Developer (on payment of tax)
(Amount in Rs.)
GSTIN of recipient
Invoice details
Shipping bill/ Bill of export/ Endorsed invoice by SEZ
Integrated Tax
Cess
Integrated tax and cess involved in debit note, if any
Integrate d tax and cess involved in credit note, if any
Net Integrated tax and cess (8+9+10 – 11)

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(1) and 77(2), if any:
Order No:
Order Date:
(Amount in Rs.)
Recipients' GSTIN/ UIN Name (in case B2C)
Invoice details
Details of tax paid on transaction considered as intra -State / inter-State transaction earlier
Taxes re-assessed on transaction which were held inter State / intra- State supply subsequently
Integrated tax
Central tax
State/ UT tax
Cess
Place of Supply
Integrated tax
Central tax
State/ UT tax
Cess
Place of Supply
No.
Date
Value
Taxable Value
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Statement-7 [rule 89(2)(k)]
Refund Type: Excess payment of tax, if any in case of last return filed.
(Amount in Rs.)
Tax period
ARN of return
Date of filing return
Tax Paid in Excess
Integrated tax
Central tax
State/ UT tax
Cess
1
2
3
4
5
6
7
.”
(xv) . In the said rules, for FORM GSTR 9, the following form shall be substituted, namely:-
FORM GSTR – 9
[See rule 80]
Annual Return
Pt. I
Basic Details
1
Financial Year
2
GSTI

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eclared through Amendments (+)
L
Supplies / tax reduced through Amendments (-)
M
Sub-total (I to L above)
N
Supplies and advances on which tax is to be paid (H + M) above
5
Details of Outward supplies made during the financial year on which tax is not payable
A
Zero rated supply (Export) without payment of tax
B
Supply to SEZs without payment of tax
C
Supplies on which tax is to be paid by the recipient on reverse charge basis
D
Exempted
E
Nil Rated
F
Non-GST supply (includes ‗no supply')
G
Sub-total (A to F above)
H
Credit Notes issued in respect of transactions specified in A to F above (-)
I
Debit Notes issued in respect of transactions specified in A to F above (+)
J
Supplies declared through Amendments (+)
K
Supplies reduced through Amendments (-)
L
Sub-Total (H to K above)
M
Turnover on which tax is not to be paid (G + L above)
N
Total Turnover (including advances) (4N + 5M – 4G above)
Pt. III
Details of ITC for the financial year

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he provisions of the Act
I
Sub-total (B to H above)
J
Difference (I – A above)
K
Transition Credit through TRAN-I (including revisions if any)
L
Transition Credit through TRAN-II
M
Any other ITC availed but not specified above
N
Sub-total (K to M above)
O
Total ITC availed (I + N above)
7
Details of ITC Reversed and Ineligible ITC for the financial year
A
As per Rule 37
B
As per Rule 39
C
As per Rule 42
D
As per Rule 43
E
As per section 17(5)
F
Reversal of TRAN-I credit
G
Reversal of TRAN-II credit
H
Other reversals (pl. specify)
I
Total ITC Reversed (Sum of A to H above)
J
Net ITC Available for Utilization (6O – 7I)
8
Other ITC related information
A
ITC as per GSTR-2A (Table 3 & 5 thereof)
B
ITC as per sum total of 6(B) and 6(H) above
C
ITC on inward supplies (other than imports and inward supplies liable to reverse charge but includes services received from SEZs) received during 2017-18 but availed during April to Sept

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10
Supplies / tax declared through Amendments (+) (net of debit notes)
11
Supplies / tax reduced through Amendments (-) (net of credit notes)
12
Reversal of ITC availed during previous financial year
13
ITC availed for the previous financial year
14
Differential tax paid on account of declaration in 10 & 11 above
Description
Payable
Paid
1
2
3
Integrated Tax
Central Tax
State/UT Tax
Cess
Interest
Pt. VI
Other Information
15
Particulars of Demands and Refunds
Details
Central Tax
State Tax / UT Tax
Integrated Tax
Cess
Intere st
Penalty
Late Fee / Other s
1
2
3
4
5
A
Total Refund claimed
B
Total Refund sanction ed
C
Total Refund Rejected
D
Total Refund Pending
E
Total demand of taxes
F
Total taxes paid in respect of E above
G
Total demands pending out of E above
16
Information on supplies received from composition taxpayers, deemed supply under section 143 and goods sent on approval basis
Details
Taxable Value
Central Tax
St

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y
Date
Signature
Name of Authorised
Designation / Status
Instructions: –
1. Terms used:
a. GSTIN: Goods and Services Tax Identification Number
b. UQC: Unit Quantity Code
c. HSN: Harmonized System of Nomenclature Code
2. It is mandatory to file all your FORM GSTR-1 and FORM GSTR-3B for the FY 2017-18 before filing this return. The details for the period between July 2017 to March 2018 are to be provided in this return.
3. It may be noted that additional liability for the FY 2017-18 not declared in FORM GSTR-1 and FORM GSTR-3B may be declared in this return. However, taxpayers cannot claim input tax credit unclaimed during FY 2017-18 through this return.
4. Part II consists of the details of all outward supplies & advances received during the financial year for which the annual return is filed. It may be noted that all the supplies for which payment has been made through FORM GSTR-3B between July 2017 to March 2018 shall be declared in this part. The instructions to fill Par

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all be declared here. Table 6A of FORM GSTR-1 may be used for filling up these details.
4D
Aggregate value of supplies to SEZs on which tax has been paid shall be declared here. Table 6B of GSTR-1 may be used for filling up these details.
4E
Aggregate value of supplies in the nature of deemed exports on which tax has been paid shall be declared here. Table 6C of FORM GSTR-1 may be used for filling up these details.
4F
Details of all unadjusted advances i.e. advance has been received and tax has been paid but invoice has not been issued in the current year shall be declared here. Table 11A of FORM GSTR-1 may be used for filling up these details.
4G
Aggregate value of all inward supplies (including advances and net of credit and debit notes) on which tax is to be paid by the recipient (i.e.by the person filing the annual return) on reverse charge basis. This shall include supplies received from registered persons, unregistered persons on which tax is levied on reverse charge basi

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6A of FORM GSTR-1 may be used for filling up these details.
5B
Aggregate value of supplies to SEZs on which tax has not been paid shall be declared here. Table 6B of GSTR-1 may be used for filling up these details.
5C
Aggregate value of supplies made to registered persons on which tax is payable by the recipient on reverse charge basis. Details of debit and credit notes are to be mentioned separately. Table 4B of FORM GSTR-1 may be used for filling up these details.
5D,5E and 5F
Aggregate value of exempted, Nil Rated and Non-GST supplies shall be declared here. Table 8 of FORM GSTR-1 may be used for filling up these details. The value of “no supply” shall be declared under Non-GST supply (5F).
5H
Aggregate value of credit notes issued in respect of supplies declared in 5A, 5B, 5C, 5D, 5E and 5F shall be declared here. Table 9B of FORM GSTR-1 may be used for filling up these details.
5I
Aggregate value of debit notes issued in respect of supplies declared in 5A, 5B, 5C, 5D, 5

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Instructions
6A
Total input tax credit availed in Table 4A of FORM GSTR-3B for the taxpayer would be auto-populated here.
6B
Aggregate value of input tax credit availed on all inward supplies except those on which tax is payable on reverse charge basis but includes supply of services received from SEZs shall be declared here. It may be noted that the total ITC availed is to be classified as ITC on inputs, capital goods and input services. Table 4(A)(5) of FORM GSTR-3B may be used for filling up these details. This shall not include ITC which was availed, reversed and then reclaimed in the ITC ledger. This is to be declared separately under 6(H) below.
6C
Aggregate value of input tax credit availed on all inward supplies received from unregistered persons (other than import of services) on which tax is payable on reverse charge basis shall be declared here. It may be noted that the total ITC availed is to be classified as ITC on inputs, capital goods and input services. Table 4(

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butor shall be declared here. Table 4(A)(4) of FORM GSTR-3B may be used for filling up these details.
6H
Aggregate value of input tax credit availed, reversed and reclaimed under the provisions of the Act shall be declared here.
6J
The difference between the total amount of input tax credit availed through FORM GSTR-3B and input tax credit declared in row B to H shall be declared here. Ideally, this amount should be zero.
6K
Details of transition credit received in the electronic credit ledger on filing of FORM GST TRAN-I including revision of TRAN-I (whether upwards or downwards), if any shall be declared here.
6L
Details of transition credit received in the electronic credit ledger after filing of FORM GST TRAN-II shall be declared here.
6M
Details of ITC availed but not covered in any of heads specified under 6B to 6L above shall be declared here. Details of ITC availed through FORM ITC-01 and FORM ITC-02 in the financial year shall be declared here.
7A, 7B, 7C, 7D, 7E, 7

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pertaining to FY 2017-18 and reflected in FORM GSTR-2A (table 3 & 5 only) shall be auto-populated in this table. This would be the aggregate of all the input tax credit that has been declared by the corresponding suppliers in their FORM GSTR-1.
8B
The input tax credit as declared in Table 6B and 6H shall be auto-populated here.
8C
Aggregate value of input tax credit availed on all inward supplies (except those on which tax is payable on reverse charge basis but includes supply of services received from SEZs) received during July 2017 to March 2018 but credit on which was availed between April to September 2018 shall be declared here. Table 4(A)(5) of FORM GSTR-3B may be used for filling up these details.
8D
Aggregate value of the input tax credit which was available in FORM GSTR-2A (table 3 & 5 only) but not availed in FORM GSTR-3B returns shall be computed based on values of 8A, 8B and 8C. However, there may be circumstances where the credit availed in FORM GSTR-3B was greater

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rn for previous financial year (for example in the annual return for the FY 2017-18, the transactions declared in April to September 2018 for the FY 2017-18 shall be declared), whichever is earlier. The instructions to fill Part V are as follows:
Table No.
Instructions
10 & 11
Details of additions or amendments to any of the supplies already declared in the returns of the previous financial year but such amendments were furnished in Table 9A, Table 9B and Table 9C of FORM GSTR-1 of April to September of the current financial year or date of filing of Annual Return for the previous financial year, whichever is earlier shall be declared here.
12
Aggregate value of reversal of ITC which was availed in the previous financial year but reversed in returns filed for the months of April to September of the current financial year or date of filing of Annual Return for previous financial year, whichever is earlier shall be declared here. Table 4(B) of FORM GSTR-3B may be used for filling u

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e refunds which have been sanctioned, rejected or are pending for processing. Refund sanctioned means the aggregate value of all refund sanction orders. Refund pending will be the aggregate amount in all refund application for which acknowledgement has been received and will exclude provisional refunds received. These will not include details of non-GST refund claims.
15E, 15F and 15G
Aggregate value of demands of taxes for which an order confirming the demand has been issued by the adjudicating authority shall be declared here. Aggregate value of taxes paid out of the total value of confirmed demand as declared in 15E above shall be declared here. Aggregate value of demands pending recovery out of 15E above shall be declared here.
16A
Aggregate value of supplies received from composition taxpayers shall be declared here. Table 5 of FORM GSTR-3B may be used for filling up these details.
16B
Aggregate value of all deemed supplies from the principal to the job-worker in terms of su

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pplies which in value independently account for 10 % or more of the total value of inward supplies.
19
Late fee will be payable if annual return is filed after the due date.
9. Towards the end of the return, taxpayers shall be given an option to pay any additional liability declared in this form, through FORM DRC-03. Taxpayers shall select “Annual Return” in the drop down provided in FORM DRC-03. It may be noted that such liability can be paid through electronic cash ledger only.”.
(xvi). In the said rules, for FORM GSTR 9A, the following form shall be substituted, namely:-
“FORM GSTR – 9A
[See rule 80]
Annual Return (For Composition Taxpayer)
Pt. I
Basic Details
1
Financial Year
2
GSTIN
3A
Legal Name
3B
Trade Name (if any)
4
Period of composition scheme during the year (From – To -)
5
Aggregate Turnover of Previous Financial Year
(Amount in Rs.in all tables)
Pt. II
Details of outward and inward supplies made during the financial year
Description
Turnover
Ra

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Late fee
Penalty
Pt. IV
Particulars of the transactions for the previous FY declared in returns of April to September of current FY or upto date of filing of annual return of previous FY whichever is earlier
Description
Turnover
Central Tax
State Tax / UT Tax
Integrate d Tax
Cess
1
2
3
4
5
6
10
Supplies / tax (outward) declared through Amendments (+) (net of debit notes)
11
Inward supplies liable to reverse charge declared through Amendments (+) (net of debit notes)
12
Supplies / tax (outward) reduced through Amendments (-) (net of credit notes)
13
Inward supplies liable to reverse charge reduced through Amendments (-) (net of credit notes)
14
Differential tax paid on account of declaration made in 10, 11, 12 & 13 above
Description
Payable
Paid
1
2
3
Integrated Tax
Central Tax
State/UT Tax
Cess
Interest
Pt. V
Other Information
15
Particulars of Demands and Refunds
Description
Central Tax
State Tax / UT Tax
Integrate d Tax
Cess
Inter

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ignation / Status
Instructions: –
1. It is mandatory to file all your FORM GSTR-4 for the FY 2017-18 before filing this return. The details for the period between July 2017 to March 2018 shall be provided in this return.
2. It may be noted that additional liability for the FY 2017-18 not declared in FORM GSTR-4 may be declared in this return.
3. Part I consists of basic details of taxpayer. The instructions to fill Part I are as follows :
Table No.
Instructions
5
Aggregate turnover for the previous financial year is the turnover of the financial year previous to the year for which the return is being filed. For example for the annual return for FY 2017-18, the aggregate turnover of FY 2016-17 shall be entered into this table. It is the sum total of turnover of all taxpayers registered on the same PAN.
4. Part II consists of the details of all outward and inward supplies in the financial year for which the annual return is filed. The instructions to fill Part II are as follows

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M GSTR-4 may be used for filling up these details.
8A
Aggregate value of all inward supplies received from registered persons on which tax is payable by the supplier shall be declared here. Table 4A and Table 5 of FORM GSTR-4 may be used for filling up these details.
8B
Aggregate value of all goods imported during the financial year shall be declared here.
5. Part IV consists of the details of amendments made for the supplies of the previous financial year in the returns of April to September of the current FY or date of filing of Annual Return for previous financial year (for example in the annual return for the FY 2017-18, the transactions declared in April to September 2018 for the FY 2017-18 shall be declared), whichever is earlier. The instructions to fill Part V are as follows:
Table No.
Instructions
10,11,12,13 and 14
Details of additions or amendments to any of the supplies already declared in the returns of the previous financial year but such amendments were furnishe

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efund claims.
15E, 15F and 15G
Aggregate value of demands of taxes for which an order confirming the demand has been issued by the adjudicating authority has been issued shall be declared here. Aggregate value of taxes paid out of the total value of confirmed demand in 15E above shall be declared here. Aggregate value of demands pending recovery out of 15E above shall be declared here.
16A
Aggregate value of all credit reversed when a person opts to pay tax under the composition scheme shall be declared here. The details furnished in FORM ITC-03 may be used for filling up these details.
16B
Aggregate value of all the credit availed when a registered person opts out of the composition scheme shall be declared here. The details furnished in FORM ITC-01 may be used for filling up these details.
17
Late fee will be payable if annual return is filed after the due date.”;
7. Towards the end of the return, taxpayers shall be given an option to pay any additional liability declared in

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Unadjusted advances at the end of the Financial Year
(+)
D
Deemed Supply under Schedule I
(+)
E
Credit Notes issued after the end of the financial year but reflected in the annual return
(-)
F
Trade Discounts accounted for in the audited Annual Financial Statement but are not permissible under GST
(+)
G
Turnover from April 2017 to June 2017
(-)
H
Unbilled revenue at the end of Financial Year
(-)
I
Unadjusted Advances at the beginning of the Financial Year
(-)
J
Credit notes accounted for in the audited Annual Financial Statement but are not permissible under GST
(+)
K
Adjustments on account of supply of goods by SEZ units to DTA Units
(-)
L
Turnover for the period under composition scheme
(-)
M
Adjustments in turnover under section 15 and rules thereunder
(+/- )
N
Adjustments in turnover due to foreign exchange fluctuations
(+/- )
O
Adjustments in turnover due to reasons not listed above
(+/- )
P
Annual turnover after adjustment

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tax / UT tax
Integrated Tax
Cess, if applicable
1
2
3
4
5
6
A
5%
B
5% (RC)
C
12%
D
12% (RC)
E
18%
F
18% (RC)
G
28%
H
28% (RC)
I
3%
J
0.25%
K
0.10%
L
Interest
M
Late Fee
N
Penalty
O
Others
P
Total amount to be paid as per tables above
Q
Total amount paid as declared in Annual Return (GSTR 9)
R
Un- reconciled payment of amount (PT1)
10
Reasons for un-reconciled payment of amount
A
Reason 1
<>
B
Reason 2
<>
C
Reason 3
<>
11
Additional amount payable but not paid (due to reasons specified under Tables 6,8 and 10 above)
To be paid through Cash
Description
Taxable Value
Central tax
State tax / UT tax
Integrated tax
Cess, if applicable
1
2
3
4
5
6
5%
12%
18%
28%
3%
0.25%
0.10%
Interest
Late Fee
Penalty
Others (please specify)
Pt. IV
Reconciliation of Input Tax Credit (ITC)
12
Reconciliation of Net Input Tax Credit (ITC)
A
ITC availed as per audited Annual Financial Statement for the State/ UT (F

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st (Salaries, wages, Bonus etc.)
I
Conveyance charges
J
Bank Charges
K
Entertainment charges
L
Stationery Expenses (including postage etc.)
M
Repair and Maintenance
N
Other Miscellaneous expenses
O
Capital goods
P
Any other expense 1
Q
Any other expense 2
R
Total amount of eligible ITC availed
<>
S
ITC claimed in Annual Return (GSTR9)
T
Un-reconciled ITC (ITC 2)
15
Reasons for un – reconciled difference in ITC
A
Reason 1
<>
B
Reason 2
<>
C
Reason 3
<>
16
Tax payable on un-reconciled difference in ITC (due to reasons specified in 13 and 15 above)
Description
Amount Payable
Central Tax
State/UT Tax
Integrated Tax
Cess
Interest
Penalty
Pt. V
Auditor's recommendation on additional Liability due to non-reconciliation
To be paid through Cash
Description
Value
Central tax
State tax / UT tax
Integrated tax
Cess, if applicable
1
2
3
4
5
6
5%
12%
18%
28%
3%
0.25%
0.10%
Input Tax Credit
Interest
Late Fee
Penalt

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her statements, as applicable, including financial statement, profit and loss account and balance sheet etc.
Signature
Place:
Date:
Name of Authorized Signatory
Designation/status
Instructions: –
1. Terms used:
(a) GSTIN: Goods and Services Tax Identification Number
2. It is mandatory to file all your FORM GSTR-1, FORM GSTR-3B and FORM GSTR -9 for the FY 2017-18 before filing this return. The details for the period between July 2017 to March 2018 are to be provided in this statement for the financial year 2017-18. The reconciliation statement is to be filed for every GSTIN separately.
3. The reference to current financial year in this statement is the financial year for which the reconciliation statement is being filed for.
4. Part II consists of reconciliation of the annual turnover declared in the audited Annual Financial Statement with the turnover as declared in the Annual Return furnished in FORM GSTR-9 for this GSTIN. The instructions to fill this part are as follows

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, if rupees Ten Crores of unbilled revenue existed for the financial year 2016-17, and during the current financial year, GST was paid on rupees Four Crores of such revenue, then value of rupees Four Crores rupees shall be declared here)
5C
Value of all advances for which GST has been paid but the same has not been recognized as revenue in the audited Annual Financial Statement shall be declared here.
5D
Aggregate value of deemed supplies under Schedule I of the APGST Act, 2017 shall be declared here. Any deemed supply which is already part of the turnover in the audited Annual Financial Statement is not required to be included here.
5E
Aggregate value of credit notes which were issued after 31st of March for any supply accounted in the current financial year but such credit notes were reflected in the annual return (GSTR-9) shall be declared here.
5F
Trade discounts which are accounted for in the audited Annual Financial Statement but on which GST was leviable (being not permi

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ancial year. Their turnover as per the audited Annual Financial Statement would include turnover both as composition taxpayer as well as normal taxpayer. Therefore, the turnover for which GST was paid under the composition scheme shall be declared here.
5M
There may be cases where the taxable value and the invoice value differ due to valuation principles under section 15 of the APGST Act, 2017 and rules thereunder. Therefore, any difference between the turnover reported in the Annual Return (GSTR 9) and turnover reported in the audited Annual Financial Statement due to difference in valuation of supplies shall be declared here.
5N
Any difference between the turnover reported in the Annual Return (GSTR9) and turnover reported in the audited Annual Financial Statement due to foreign exchange fluctuations shall be declared here.
5O
Any difference between the turnover reported in the Annual Return (GSTR9) and turnover reported in the audited Annual Financial Statement due to reasons

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amendments if any.
7D
Value of reverse charge supplies on which tax is to be paid by the recipient shall be declared here. This shall be reported net of credit notes, debit notes and amendments if any.
7E
The taxable turnover is derived as the difference between the annual turnover after adjustments declared in Table 7A above and the sum of all supplies (exempted, non-GST, reverse charge etc.) declared in Table 7B, 7C and 7D above.
7F
Taxable turnover as declared in Table (4N – 4G) + (10-11) of the Annual Return (GSTR9) shall be declared here.
8
Reasons for non-reconciliation between adjusted annual taxable turnover as derived from Table 7E above and the taxable turnover declared in Table 7F shall be specified here.
5. Part III consists of reconciliation of the tax payable as per declaration in the reconciliation statement and the actual tax paid as declared in Annual Return (GSTR9). The instructions to fill this part are as follows :-
Table No.
Instructions
9
The table p

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under:-
Table No.
Instructions
12A
ITC availed (after reversals) as per the audited Annual Financial Statement shall be declared here. There may be cases where multiple GSTINs (State-wise) registrations exist on the same PAN. This is common for persons / entities with presence over multiple States. Such persons / entities, will have to internally derive their ITC for each individual GSTIN and declare the same here. It may be noted that reference to audited Annual Financial Statement includes reference to books of accounts in case of persons / entities having presence over multiple States.
12B
Any ITC which was booked in the audited Annual Financial Statement of earlier financial year(s) but availed in the ITC ledger in the financial year for which the reconciliation statement is being filed for shall be declared here. This shall include transitional credit which was booked in earlier years but availed during Financial Year 2017-18.
12C
Any ITC which has been booked in the audit

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able. Further, this is only an indicative list of heads under which expenses are generally booked. Taxpayers may add or delete any of these heads but all heads of expenses on which GST has been paid / was payable are to be declared here.
14R
Total ITC declared in Table 14A to 14Q above shall be auto populated here.
14S
Net ITC availed as declared in the Annual Return (GSTR9) shall be declared here. Table 7J of the Annual Return (GSTR9) may be used for filing this Table.
15
Reasons for non-reconciliation between ITC availed on the various expenses declared in Table 14R and ITC declared in Table 14S shall be specified here.
16
Any amount which is payable due to reasons specified in Table 13 and 15 above shall be declared here.
7. Part V consists of the auditor's recommendation on the additional liability to be discharged by the taxpayer due to non-reconciliation of turnover or non-reconciliation of input tax credit. The auditor shall also recommend if there is any other amount t

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ending on ……., and
(c) the cash flow statement for the period beginning from ……..…to ending on ………, -attached herewith, of M/s …………… (Name), …………………….………… (Address), ..…………………(GSTIN).
2. Based on our audit I/we report that the said registered person-
*has maintained the books of accounts, records and documents as required by the IGST/CGST/<<>>APGST Act, 2017 and the rules/notifications made/issued thereunder
*has not maintained the following accounts/records/documents as required by the IGST/CGST/<<>>APGST Act, 2017 and the rules/notifications made/issued thereunder:
1.
2.
3.
3. (a) *I/we report the following observations/ comments / discrepancies / inconsistencies; if
any:
…………………………&he

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p;…………additional place of business within the State.
4. The documents required to be furnished under section 35 (5) of the CGST Act/SGST Act and Reconciliation Statement required to be furnished under section 44(2) of the CGST Act/SGST Act is annexed herewith in Form No. GSTR-9C.
5. In *my/our opinion and to the best of *my/our information and according to explanations given to *me/us, the particulars given in the said Form No.GSTR-9C are true and correct subject to following observations/qualifications, if any:
(a) ……………………………………………………………………………………
(b) ……………………………………………………………&

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on statement (FORM GSTR-9C) is drawn up by a person other than the person who had conducted the audit of the accounts:
*I/we report that the audit of the books of accounts and the financial statements of M/s. ………………..…………………. (Name and address of the assessee with GSTIN) was conducted by M/s. …………………………………………..………. (full name and address of auditor along with status), bearing membership number in pursuance of the provisions of the …………………………….Act, and *I/we annex hereto a copy of their audit report dated ……………………………. along with a copy of each of :-
(a) balance sheet as on ………
(b) the *profit and loss acco

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Form No.GSTR-9C.
4. In *my/our opinion and to the best of *my/our information and according to examination of books of account including other relevant documents and explanations given to *me/us, the particulars given in the said Form No.9C are true and correct subject to the following observations/qualifications, if any:
(a) …………………………….…………………………….………………………
(b) …………………………….…………………………….………………………
(c) …………………………….……………………&hel

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ip;..
………………………………………..
GSTIN:……………………………….
Order No. –
Date –
Notice under section 108
Whereas it has come to the notice of the undersigned that decision/order passed under this Act/the << Name of the State>> Goods and Services Tax Act, 2017/the Integrated Goods and Services Tax Act, 2017/ the Union territory Goods and Services Tax Act, 2017/ the Goods and Services Tax (Compensation to States) Act, 2017 by ……………..(Designation of officer) is erroneous in so far as it is prejudicial to the interest of revenue and is illegal or improper or has not taken into account certain material facts, and therefore, I intend to pass an order in revision under section 108 on grounds specified in the document attached herewith.
___You are hereby directed to furnish a reply t

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ed / Modified / Rejected
9. Amount of demand after appeal / revision:
Particulars
Central tax
State / UT tax
Integrated tax
Cess
Total
Amount in dispute / earlier order
Determined Amount
Amount in dispute /earlier order
Determined Amount
Amount in dispute /earlier order
Determined Amount
Amount in dispute /earlier order
Determined Amount
Amount in dispute /earlier order
Determined Amount
1
2
3
4
5
6
7
8
9
10
11
a) Tax
b) Interest
c) Penalty
d) Fees
e) Others
f) Refund
;
10. Place of supply wise details of IGST demand
Place of Supply (Name of State / UT)
Demand
Tax
Interest
Penalty
Other
Total
1
2
3
4
5
6
7
Amount in dispute / earlier order
Determined Amount
Place:
Date:
Signature:
Name of the Appellate Authority / Revisional
Authority/ Tribunal / Jurisdictional Officer Designation:
Jurisdiction:”.
(BY ORDER AND IN THE NAME OF GOVERNOR OF ANDHRA PRADESH)
Dr.D.SAMBASIVA RAO
SPECIAL CHIEF SECRETARY TO GOVERNMENT
Notificat

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In Re: Shyam Singh Champawat, M/s Laxmi Machinery Store.

In Re: Shyam Singh Champawat, M/s Laxmi Machinery Store.
GST
2019 (2) TMI 915 – AUTHORITY FOR ADVANCE RULING, RAJASTHAN – 2019 (21) G. S. T. L. 582 (A. A. R. – GST), [2019] 65 G S.T.R. 398 (AAR)
AUTHORITY FOR ADVANCE RULING, RAJASTHAN – AAR
Dated:- 31-1-2019
ARN No. RAJ/AAR/2018-19/33
GST
SHRI J.P. MEENA AND SHRI HEMANT JAIN MEMBER
Present for the applicant: Shri Dilip Gupta, C.A. (authorised representative)
Note: Under Section 100 of the CGST/RGST Act 2017, an appeal against this ruling lies before the Appellate Authority for Advance Ruling constituted under section 99 of CGST/RGST Act 2017, within a period of 30 days from the date of service of this order.
The Issue raised by Shyam Singh Champawat, M/s. Laxmi Machinery Store, Station Road, Bhinmal, District – Jalore-343029 {hereinafter the applicant} to pronounce advance ruling falls under ambit of the Section 97(2) (a) and it is given as under:
(d) Admissibility of input tax credit of tax paid or deemed to

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les made upto
01.04.2017 to 24.112017
87,17,826/-
Sales made upto
01.04.2017 to 25.11.2017
1,09,92,785/-
Total Sales for the year  
01.04.2017 to 31.03.2018
1,39,45,318/-
The Applicant submitted that he relied on press release and publication in newspaper he have made sales over and above Rs. 1.00 Crore and had also filed return GSTR 4 declaring these figures.
The applicant has submitted that he is a small dealer having his shop at small town, is not very much literate and not aware about legal procedure and provisions. Now he came to know that after GST Council Meeting, Department issues Notification and only after notification any amendment come into force. He had crossed turnover of Rs. 1 crore on 25.11.2017. He has GST paid stock in hand as on that date.
2. QUESTIONS ON WHICH THE ADVANCE RULING IS SOUGHT
Applicant has sought ruling to be pronounced under section 97 (2) (d) & (e) of the CGST Act 2017, on the following questions:
* Whether I can now be converted in

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L HEARING (PH)
In the matter, the applicant was asked to appear before authority for personal hearing on 28.01.2019 at 03.30PM. Shri Dilip Gupta, authorised representative appeared on the said date and stated that advance ruling sought is in response to query which is more of technical/ system error rather than fact of law. He reiterated the submissions already made in the advance ruling application.
5. FINDINGS. ANALYSIS & CONCLUSION:
We observe that the questions raised by the applicant are of the past period i.e. 2017-18.
As per the 'Definitions' as mentioned in Section 95(a) of the CGST & RGST Act 2017 which is reproduced as under-:
95. In this Chapter, unless the context otherwise requires,-
(a) “advance ruling” means a decision provided by the Authority or the Appellate Authority to an applicant on matters or on questions specified in sub-section (2) of section 97 or sub-section (1) of section 100, in relation to the supply of goods or services or both being underta

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In Re: Mr. Kailash Chandra (M/s Mali Construction)

In Re: Mr. Kailash Chandra (M/s Mali Construction)
GST
2019 (2) TMI 917 – AUTHORITY FOR ADVANCE RULING, RAJASTHAN – 2019 (21) G. S. T. L. 585 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING, RAJASTHAN – AAR
Dated:- 31-1-2019
ARN RAJ/AAR/2018-19/32
GST
J.P. MEENA AND HEMANT JAIN MEMBER
Present for the applicant: Mr. Mudit Jain, (Authorised Representative)
Note: Under Section 100 of the CGST/RGST Act, 2017, an appeal against this ruling lies before the Appellate Authority for Advance Ruling constituted under section 99 of CGST/RGST Act, 2017, within a period of 30 days from the date of service of this order.
The issue raised by Mr. Kailash Chandra, (M/s. Mali Construction), situated at Mali Vas, Maandava, Mandwa, Sirohi, Rajasthan – 307001 (hereinafter called as the applicant) is fit to pronounce advance ruling as it falls under the ambit of the Section 97(2)(a) and (e), given as under :
a. classification of goods and/or services or both
e. determination of the l

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That in relation to such tender the applicant is required to quote a rate for undertaking all the aforesaid activities which shall be inclusive of all the costs of site visits on the part of the applicant, packaging, forwarding, spare parts, insurance and taxes & duties as may be applicable. Hence, in view of the same the applicant is desirous of knowing its liability of GST in relation to the said activity and therefore seeks the ruling of the advance ruling authority on the below mentioned transaction:
i. The applicant is willing to bid for a tender supposed to be floated by P.H.E.D. for designing, providing, installation, commissioning, operation and maintenance of solar energy based bore well water pumping systems.
ii. In connection to the said tender, the scope of the to be undertaken by the contractor shall commence from designing, economically and efficiently best suited to site conditions including depth of water table and safe yield of bore well, finalizing alignment of SPV

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il formation. All codes and provisions for RCC design should be followed. The minimum depth of foundation should be 1.50 metre.
e) The structure is to be designed in such a way so as to allow easy replacement and inclusion of any additional module.
f) PV water pumping system must qualify (enclose test reports/ certificate from IEC/NABL accredited laboratory) as per relevant IEC standard. The performance of PV water pumping system shall be tested at STC conditions by any laboratory approved by IEC / MNRE/ accredited by NABL / Solar Energy Centre. The material (of different makes) shall be acceptable only on receipt of satisfactory test report by the Engineer-In-charge.
g) IEC activities like distribution of pamphlets/ posters/ paintings containing PHED al promotional Slogan for using fluoride free water and water saving on prime places like gram panchayat bhawan/ office, school/ govt. building/ main choraha as approved by Engineer-in charge.
h) Providing potable water to village

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Works Contract which was prevalent under erstwhile VAT and Service Tax regime. In GST, as per definition of works contract service if construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning is for immovable property only, then it will classify as works contract. Hence it means that aforesaid activities if they are undertaken for a movable property then it will not be works contract service.
1.4. On the given issue, CBEC has also clarified in its circular number 58/1/2002-CX dated 15/1/2002 where in para (e) it was clarified that
e) If items assembled or erected at site and attached by foundation to earth cannot be dismantled without substantial damage to its components and thus cannot be reassembled, then the items would not be considered as moveable and will, therefore, not be excisable goods.
1.5. In the given case, the facts have been first perused to understand that it is

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the principal supply.
1.8. Further to determine the principal supply in the given case, it has been explained through facts and the conduct of parties that the main intent of the supply is provision of the solar power based water pumping system which consists of various components such as SPV panels, structures, storage tank, Solar pumping sets, controller, pipe, cables and de-fluoridation units and thus it is the predominant element of the composite supply, to which its installation, commissioning, operation and maintenance is ancillary since these services are provided for better functioning of the system supplied.
1.9. In addition to this, the proportion of the consideration for both supplies as per the payment schedule of the contract indicate that providing the solar energy based water system is the predominant supply.
1.10. On the basis of above facts and interpretation, in the given contract the principal supply is supply of solar power based water system and since such syste

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te) as solar power based device. Thus the rate of tax shall be 5% on supply of given Solar Power Based Devices.
1.13. Activities like civil construction, IEC activities, provision of real time online management and monitoring system for reporting key data/parameters and operation and maintenance of the system are merely incidental to provision of such goods and form an ancillary part of the supply. The service portion of the contract is minimal and the substantial part is supply of goods. This also substantiates the fact that provision of services is incidental to supply of goods and hence, the supply of goods should form the principal supply and the entire contract should be taxed as supply of goods itself.
1.14. Since the given activity undertaken by the applicant culminates into a plant for water supply or treatment and since work is undertaken for PWD which is Government Department, hence according to applicant the rate of tax applicable on given service (if it is a works contrac

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Jain (Authorised Representative) of applicant appeared for PH. During the PH, he reiterated the submissions made in the application. He further submitted an additional document and requested that the case may be decided at the earliest.
4. COMMENTS OF THE JURISDICTIONAL OFFICER
The jurisdiction officer has stated that on the basis of submissions submitted it is found that the activities undertaken by the applicant is a composite supply of goods and GST is as applicable to it.
5. FINDINGS. ANALYSIS & CONCLUSION:
a. According to Section 8 of Central Goods and Services Tax Act, 2017
8. The tax liability on a composite or a mixed supply shall be determined in namely:-
(a) comprising two or more supplies, one of which is a treated as a supply of such principal supply; and
(b) ………………………………..
b. As per Section 2(30) composite supply is defined as
(30) “composite supply” means a supply made by a taxable person to a recipient consisting of two or more taxab

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perty wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract;
f. We observe that the supply is a composite supply which is ascertained from following:
a. 2 or more taxable supplies of goods or services or both;
b. The taxable supplies are naturally bundled;
c. The taxable supplies are supplied in conjunction with each other;
d. One of the taxable supplies is a principal supply.
g. However, since composite supply of works contract has been explicitly classified as supply of service under Schedule Il, the concept of works contract follows that:-
1. Works contract in itself is a composite supply in which construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning etc are involved along with transfer or property in goods.
2. In GST, as per definition of works contract service if construction, fabrication,

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circular number 58/1/2002-CX dated 15/1/2002 where in para (e) it was clarified that
e) If items assembled or erected at site and attached by foundation to earth cannot be dismantled without substantial damage to its components and thus cannot be reassembled, then the items would not be considered as moveable and will, therefore, not be excisable goods.
Though the concept of excisable is not applicable here but the inference can be drawn what is movable and what can be immovable from given clarification.
5. As mentioned in the facts above, that in brief, following activities are covered under the scope of works proposed to be undertaken by the applicant:
* Design, supply, install, test and commission of solar energy based water pumping systems along with construction of housing structure for this plant and all the necessary works for operation for such work.
* A comprehensive operation and maintenance of the installations for a period of 7 years.
6. On the basis of concepts di

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movable property. Hence in works contract supply of goods and services together is compulsory.
Thus, based on above facts and concept such contract shall be a single supply and cannot be treated as distinct supplies. Since all the conditions of composite supply are satisfied, it is a composite supply.
J. We observe that the activity proposed to be undertaken is a composite supply of works contract, the rate of tax in given service shall be determined in accordance with the Notification No 11/2017-CT (Rate) dated 28.06.2017, as amended from time to time.
On perusal of said Notification under S. No. 3(iii), for schedule of rate of Tax on works contract Services, following is mentioned:-
Heading 9954 (Construction services)
 
CGST Rate %
SGST Rate %
IGST Rate %
Remarks
 
(iii) Composite supply of works contract as defined in clause (119) of section 2 of the Central Goods and Services Tax Act, 2017, supplied to the Central Government, State Government, Union territory

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ms along with construction and O & M work by the applicant is a Works Contract of Composite Supply. This composite supply is a mixed of goods and services and predominant supply is supply of services. Since this supply is undertaken for a Government Department viz. PHED which is a Government of Rajasthan Department, hence the rate of tax applicable on given service (as it is a works contract service) shall fall under Entry 3(iii) with HSN Code 99544 and it should be IGST@12%(CGST@6%, SGST@6%).
6. Based on above facts along with provision of law the ruling is as follows:-
RULING
The activity of supply, design, installation, commissioning and testing of solar ener4,' based water pumping systems and O & M work by the applicant is a Works Contract of Composite Supply. This composite supply is a mixed of goods and services and predominant supply is supply of services. Since this supply is proposed to be undertaken for a Government Department, hence the rate of tax applicable on given

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Governor of Bihar appoints the 1st day of February, 2019, as the date on which the provisions of the Bihar Goods and Services Tax (Amendment) Act, 2018 (14 of 2018), except clause (2) of section 8, section 17, section 18, clause (1) of section 2

Governor of Bihar appoints the 1st day of February, 2019, as the date on which the provisions of the Bihar Goods and Services Tax (Amendment) Act, 2018 (14 of 2018), except clause (2) of section 8, section 17, section 18, clause (1) of section 20, shall come into force.
S.O. 23 Dated:- 31-1-2019 Bihar SGST
GST – States
Bihar SGST
Bihar SGST
Commercial Tax Department
Notification
The 31th January 2019
S.O. 23 Dated 31st January 2019-In exercise of the powers conferred by sub-sec

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Bihar Goods and Services Tax (Amendment) Rules, 2019

Bihar Goods and Services Tax (Amendment) Rules, 2019
S.O. 24 Dated:- 31-1-2019 Bihar SGST
GST – States
Bihar SGST
Bihar SGST
Commercial Tax Department
Notification
The 31st January 2019
S.O. 24, Dated 31st January 2019 – In exercise of the powers conferred by section 164 of the Bihar Goods and Services Tax Act, 2017 (12 of 2017), the Governor of Bihar hereby makes the following rules further to amend the Bihar Goods and Services Tax Rules, 2017, namely:-
1. (1) These rules may be called the Bihar Goods and Services Tax (Amendment) Rules, 2019.
(2) Save as otherwise provided in these rules, they shall come into force on the first day of February, 2019.
2. In the Bihar Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), in Chapter-II, in the heading, for the words “Composition Rules”, the words, “Composition Levy” shall be substituted.
3. In the said rules, in rule 7, in the Table, against serial number (3), in column (3), for the word “

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f business;
(c) all separately registered places of business of such person shall pay tax under the Act on supply of goods or services or both made to another registered place of business of such person and issue a tax invoice or a bill of supply, as the case may be, for such supply.
Explanation.- For the purposes of clause (b), it is hereby clarified that where any place of business of a registered person that has been granted a separate registration becomes ineligible to pay tax under section 10, all other registered places of business of the said person shall become ineligible to pay tax under the said section.
(2) A registered person opting to obtain separate registration for a place of business shall submit a separate application in 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”.
6. In the sa

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ly during the period of suspension and shall not be required to furnish any return under section 39.
(4) The suspension of registration under sub-rule (1) or sub-rule (2) shall be deemed to be revoked upon completion of the proceedings by the proper officer under rule 22 and such revocation shall be effective from the date on which the suspension had come into effect.”.
7. In the said rules, after rule 41, the following rule shall be inserted, namely:-
“Rule 41A. Transfer of credit on obtaining separate registration for multiple places of business within a State or Union territory.-
(1) 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 registra

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entry 92A” shall be inserted.
9. In the said rules, in rule 43,-
(a) in sub-rule (1), in clause (g), in the Explanation, after the word and figures “entry 84”, the words, figures and letter “and entry 92A” shall be inserted.
(b) in sub-rule (2), in the Explanation, clause (a) shall be omitted.
10. In the said rules, in rule 53,-
(a) in sub-rule (1), after the words and figures “section 31”, the words and figures “and credit or debit notes referred to in section 34” shall be omitted;
(b) in sub-rule (1) clause (c) shall be omitted;
(c) in sub-rule (1) clause (i) shall be omitted;
(d) after sub-rule (1), the following sub-rule shall be inserted, namely:-
“(1A) A credit or debit note referred to in section 34 shall contain the following particulars, namely:-
(a) name, address and Goods and Services Tax Identification Number of the supplier;
(b) nature of the document;
(c) a consecutive serial number not exceeding sixteen characters, in one or multiple series, contain

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n the proviso to sub-section (5) of section 35,” shall be inserted.
12. In the said rules, in rule 83,-
(a) in sub-rule (1), in clause (b), for the words “Central Board of Excise” the words “Central Board of Indirect Taxes” shall be substituted;
(b) in sub-rule (3), in the second proviso, for the words “eighteen months”, the words “thirty months” shall be substituted;
(c) for sub-rule (8), the following sub-rule shall be substituted, namely:-
“(8) A goods and services tax practitioner can undertake any or all of the following activities on behalf of a registered person, if so authorised by him to-
(a) furnish the details of outward and inward supplies;
(b) furnish monthly, quarterly, annual or final return;
(c) make deposit for credit into the electronic cash ledger;
(d) file a claim for refund;
(e) file an application for amendment or cancellation of registration;
(f) furnish information for generation of e-way bill;
(g) furnish details of challan in FORM GST IT

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the said rules, in rule 86, in sub-rule (2), after the word and figures “section 49”, the words, figures and letters “or section 49A or section 49B,” shall be inserted.
15. In the said rules, in rule 89, in sub-rule (2), for clause (f), the following clause shall be substituted, namely:-
“(f) a declaration to the effect that tax has not been collected from the Special Economic Zone unit or the Special Economic Zone developer, in a case where the refund is on account of supply of goods or services or both made to a Special Economic Zone unit or a Special Economic Zone developer;”.
16. In the said rules, in rule 91,-
(a) in sub-rule(2), the following proviso shall be inserted, namely:-
“Provided that the order issued in FORM GST RFD-04 shall not be required to be revalidated by the proper officer.”;
(b) in sub-rule (3), the following proviso shall be inserted, namely:-
“Provided that the payment advice in FORM GST RFD-05 shall be required to be revalidated where the refund ha

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aces where they occur, the words “places of business” shall be substituted.
20. In the said rules, in FORM GST REG-17, at the end, the following “Note” shall be inserted, namely:-
“Note: – Your registration stands suspended with effect from – (date).”.
21. In the said rules, in FORM GST REG-20, at the end, the following “Note” shall be inserted, namely:-
“Note: – Your registration stands suspended with effect from – (date).”.
22. In the said rules, after FORM GST ITC-02, the following form shall be inserted, namely:-
FORM GST ITC-02A
[See rule 41A]
Declaration for transfer of ITC pursuant to registration under sub-section (2) of section 25
1.
GSTIN of transferor
2.
Legal name of transferor
3.
Trade name of transferor, if any
4.
GSTIN of transferee
5.
Legal name of transferee
6.
Trade name of transferee, if any
7. Details of ITC to be transferred
Tax
Amount of matched ITC available
Amount of matched ITC to be transferred
1
2
3
Central Tax
State Tax
UT Tax

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cation for amendment or cancellation of enrolment under rule 58
9
To file an intimation to pay tax under the composition scheme or withdraw from the said scheme”.
24. In the said rules, in FORM GSTR -4,-
(a) in clause 6,for the Table, the following Table shall be substituted, namely:-
Rate of tax
Total Turnover
Out of turnover reported in (2), turnover of services
Composition tax amount
Central Tax
State/UT Tax
1
2
3
4
5
(b) in clause 7, for the Table, the following Table shall be substituted, namely:-
“Quarter
Rate
Original details
Revised details
Total Turnover
Out of turnover reported in (3), turnover of services
Central Tax
State/UT Tax
Total Turnover
Out of turnover reported in (7), turnover of services
Central Tax
State/UT Tax
1
2
3
4
5
6
7
8
9
10”;
25. In the said rules, in FORM GST RFD-01, for the declaration under rule 89(2)(f), the following declaration shall be substituted, namely:-
“DECLARATION [rule 89(2)(f)]
I hereby declare that

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>
Penalty
< total >
Fees
< total >
Other charges
< total >
< total >
b) Pre-deposit (10% of disputed tax/cess but not exceeding ₹ 25 crore each in respect of CGST, SGST or cess, or not exceeding ₹ 50 crore in respect of IGST and ₹ 25 crore in respect of cess)
Tax/Cess
< total >
(b) Details of payment of admitted amount and pre-deposit (pre-deposit 10% of the disputed tax and cess but not exceeding ₹ 25 crore each in respect of CGST, GGST or cess, or not exceeding ₹ 50 crore in respect of IGST and ₹ 25 crore in respect of cess)
Sr. No.
Description
Tax payable
Paid through Cash/ Credit Ledger
Debit entry no.
Amount of tax paid
Central tax
State/UT tax
Integrated tax
CESS
1
2
3
4
5
6
7
8
9
1.
Integrated
Cash Ledger
tax
Credit Ledger
2.
Central tax
Cash Ledger
Credit Ledger
3.
State/UT tax
Cash Ledger
Credit Ledger
4.
CESS
Cash Ledger
Credit Ledger
(c) Interest, penalty, late fee and any other amount pa

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eding ₹ 100 crore in respect of IGST and ₹ 50 crore in respect of cess)” shall be substituted;
(ii) in sub-clause (b), for the brackets, words and figures “(pre-deposit 20% of the disputed admitted tax and Cess)”, the brackets, words, figures and letters”(pre-deposit of 20% of the disputed admitted tax and cess but not exceeding ₹ 50 crore each in respect of CGST, GGST or cess or not exceeding ₹ 100 crore in respect of IGST and ₹ 50 crore in respect of cess)” shall be substituted;
(b) after clause 14, the following shall be inserted, namely:-
“15. Place of supply wise details of the integrated tax paid (admitted amount only) mentioned in the Table in sub-clause (a) of clause 14 (item (a)), if any
Place of Supply (Name of State/UT)
Demand
Tax
Interest
Penalty
Other
Total
1
2
3
4
5
6
7”.
Admitted amount [in the Table in sub-clause (a) of clause 14 (item (a))]
[(File No. Bikri kar/GST/vividh-21/2017 (Part-5)400)]
By the order of Governor

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Goa Goods and Services Tax (Amendment) Rules, 2019

Goa Goods and Services Tax (Amendment) Rules, 2019
38/1/2017-Fin(R&C)(91) Dated:- 31-1-2019 Goa SGST
GST – States
Goa SGST
Goa SGST
GOVERNMENT OF GOA
Department of Finance
Revenue & Control
Notification
38/1/2017-Fin(R&C)(91)
In exercise of the powers conferred by section 164 of the Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017), the Government of Goa hereby makes the following rules further to amend the Goa Goods and Services Tax Rules, 2017, namely:-
1. (1) These rules may be called the Goa Goods and Services Tax (Amendment) Rules, 2019.
(2) Save as otherwise provided in these rules, they shall come into force on the first day of February, 2019.
2. In the Goa Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), in Chapter-II, in the heading, for the words “Composition Rules”, the words, “Composition Levy” shall be substituted.
3. In the said rules, in rule 7, in the Table, against serial number (3), in column (3), for the

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ce of business;
(c) all separately registered places of business of such person shall pay tax under the Act on supply of goods or services or both made to another registered place of business of such person and issue a tax invoice or a bill of supply, as the case may be, for such supply.
Explanation.- For the purposes of clause (b), it is hereby clarified that where any place of business of a registered person that has been granted a separate registration becomes ineligible to pay tax under section 10, all other registered places of business of the said person shall become ineligible to pay tax under the said section.
(2) A registered person opting to obtain separate registration for a place of business shall submit a separate application in 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”.
6. In th

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pply during the period of suspension and shall not be required to furnish any return under section 39.
(4) The suspension of registration under sub-rule (1) or sub-rule (2) shall be deemed to be revoked upon completion of the proceedings by the proper officer under rule 22 and such revocation shall be effective from the date on which the suspension had come into effect.”.
7. In the said rules, after rule 41, the following rule shall be inserted, namely:-
“Rule 41A. Transfer of credit on obtaining separate registration for multiple places of business within a State or Union territory.- (1) 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 registra

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ntry 92A” shall be inserted.
9. In the said rules, in rule 43,-
(a) in sub-rule (1), in clause (g), in the Explanation, after the word and figures “entry 84”, the words, figures and letter “and entry 92A” shall be inserted.
(b) in sub-rule (2), in the Explanation, clause (a) shall be omitted.
10. In the said rules, in rule 53,-
(a) in sub-rule (1), after the words and figures “section 31”, the words and figures “and credit or debit notes referred to in section 34” shall be omitted;
(b) in sub-rule (1) clause (c) shall be omitted;
(c) in sub-rule (1) clause (i) shall be omitted;
(d) after sub-rule (1), the following sub-rule shall be inserted, namely:-
“(1A) A credit or debit note referred to in section 34 shall contain the following particulars, namely:-
(a) name, address and Goods and Services Tax Identification Number of the supplier;
(b) nature of the document;
(c) a consecutive serial number not exceeding sixteen characters, in one or multiple series, containi

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the proviso to sub-section (5) of section 35,” shall be inserted.
12. In the said rules, in rule 83,-
(a) in sub-rule (1), in clause (a), for the words “Central Board of Excise” the words “Central Board of Indirect Taxes” shall be substituted;
(b) in sub-rule (3), in the second proviso, for the words “eighteen months”, the words “thirty months” shall be substituted;
(c) for sub-rule (8), the following sub-rule shall be substituted, namely:-
“(8) A goods and services tax practitioner can undertake any or all of the following
activities on behalf of a registered person, if so authorised by him to-
(a) furnish the details of outward and inward supplies;
(b) furnish monthly, quarterly, annual or final return;
(c) make deposit for credit into the electronic cash ledger;
(d) file a claim for refund;
(e) file an application for amendment or cancellation of registration;
(f) furnish information for generation of e-way bill;
(g) furnish details of challan in FORM GST I

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In the said rules, in rule 86, in sub-rule (2), after the word and figures “section 49”, the words, figures and letters “or section 49A or section 49B,” shall be inserted.
15. In the said rules, in rule 89, in sub-rule (2), for clause (f), the following clause shall be substituted, namely:-
“(f) a declaration to the effect that tax has not been collected from the Special Economic Zone unit or the Special Economic Zone developer, in a case where the refund is on account of supply of goods or services or both made to a Special Economic Zone unit or a Special Economic Zone developer;”.
16. In the said rules, in rule 91,-
(a) in sub-rule (2), the following proviso shall be inserted, namely:-
“Provided that the order issued in FORM GST RFD-04 shall not be required to be revalidated by the proper officer.”;
(b) in sub-rule (3), the following proviso shall be inserted, namely:-
“Provided that the payment advice in FORM GST RFD-05 shall be required to be revalidated where the refun

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places where they occur, the words “places of business” shall be substituted.
20. In the said rules, in FORM GST REG-17, at the end, the following “Note” shall be inserted, namely:-
“Note:- Your registration stands suspended with effect from – (date).”.
21. In the said rules, in FORM GST REG-20, at the end, the following “Note” shall be inserted, namely:-
“Note:- Your registration stands suspended with effect from – (date).”.
22. In the said rules, after FORM GST ITC-02, the following form shall be inserted, namely:-
FORM GST ITC-02A
[See rule 41A]
Declaration for transfer of ITC pursuant to registration under sub-section (2) of section 25
1.
GSTIN of transferor
2.
Legal name of transferor
3.
Trade name of transferor, if any
4.
GSTIN of transferee
5.
Legal name of transferee
6.
Trade name of transferee, if any
7. Details of ITC to be transferred
Tax
Amount of matched ITC available
Amount of matched ITC to be transferred
1
2
3
Central Tax
State Tax
UT

= = = = = = = =

Plain text (Extract) only
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plication for amendment or cancellation of enrolment under rule 58
9
To file an intimation to pay tax under the composition scheme or withdraw from the said scheme”.
24. In the said rules, in FORM GSTR -4,-
(a) in clause 6,for the Table, the following Table shall be substituted, namely:-
Rate of tax
Total Turnover
Out of turnover reported in (2), turnover of services
Composition tax amount
Central Tax
State/UT Tax
1
2
3
4
5
(b) in clause 7, for the Table, the following Table shall be substituted, namely:-
“Quarter
Rate
Original details
Revised details
Total Turnover
Out of turnover reported in (3), turnover of services
Central Tax
State/UT Tax
Total Turnover
Out of turnover reported in (7), turnover of services
Central Tax
State/UT Tax
1
2
3
4
5
6
7
8
9
10”;
25. In the said rules, in FORM GST RFD-01, for the declaration under rule 89(2)(f), the following declaration shall be substituted, namely:-
“DECLARATION [rule 89(2)(f)]
I hereby declare t

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tal >
Penalty
< total >
Fees
< total >
Other charges
< total >
< total >
b) Pre-deposit (10% of disputed tax/cess but not exceeding ₹ 25 crore each in respect of CGST, SGST or cess, or not exceeding ₹ 50 crore in respect of IGST and ₹ 25 crore in respect of cess)
Tax/Cess
< total >
(b) Details of payment of admitted amount and pre-deposit (pre-deposit 10% of the disputed tax and cess but not exceeding ₹ 25 crore each in respect of CGST, GGST or cess, or not exceeding ₹ 50 crore in respect of IGST and ₹ 25 crore in respect of cess)
Sr. No.
Description
Tax payable
Paid through Cash/ Credit Ledger
Debit entry no.
Amount of tax paid
Central tax
State/UT tax
Integrated tax
CESS
1
2
3
4
5
6
7
8
9
1.
Integrated
Cash Ledger
tax
Credit Ledger
2.
Central tax
Cash Ledger
Credit Ledger
3.
State/UT tax
Cash Ledger
Credit Ledger
4.
CESS
Cash Ledger
Credit Ledger
(c) Interest, penalty, late fee and any other amount

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eeding ₹ 100 crore in respect of IGST and ₹ 50 crore in respect of cess)” shall be substituted;
(ii) in sub-clause (b), for the brackets, words and figures “(pre-deposit 20% of the disputed admitted tax and Cess)”, the brackets, words, figures and letters”(pre-deposit of 20% of the disputed admitted tax and cess but not exceeding ₹ 50 crore each in respect of CGST, GGST or cess or not exceeding ₹ 100 crore in respect of IGST and ₹ 50 crore in respect of cess)” shall be substituted;
(b) after clause 14, the following shall be inserted, namely:-
“15. Place of supply wise details of the integrated tax paid (admitted amount only) mentioned in the Table in sub-clause (a) of clause 14 (item (a)), if any
Place of Supply (Name of State/UT)
Demand
Tax
Interest
Penalty
Other
Total
1
2
3
4
5
6
7”.
Admitted amount [in the Table in sub-clause (a) of clause 14 (item (a))]
By order and in the name of the Governor of Goa.
Sushama D. Kamat, Under Secr

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Government of Goa appoints the 1st day of February, 2019, as the date on which the provisions of the Goa Goods and Services Tax (Amendment) Ordinance, 2018, except clause (ii) of section 8, section 17, section 18 and clause (i) of section 20, sh

Government of Goa appoints the 1st day of February, 2019, as the date on which the provisions of the Goa Goods and Services Tax (Amendment) Ordinance, 2018, except clause (ii) of section 8, section 17, section 18 and clause (i) of section 20, shall come into force.
38/1/2017-Fin(R&C)(94) Dated:- 31-1-2019 Goa SGST
GST – States
Goa SGST
Goa SGST
GOVERNMENT OF GOA
Department of Finance
Revenue & Control
Notification
38/1/2017-Fin(R&C)(94)
In exercise of the powers conferred by

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Haryana Goods and Services Tax (Second Amendment) Rules, 2019

Haryana Goods and Services Tax (Second Amendment) Rules, 2019
17/GST-2 Dated:- 31-1-2019 Haryana SGST
GST – States
Haryana SGST
Haryana SGST
HARYANA GOVERNMENT
EXCISE AND TAXATION DEPARTMENT
Notification
The 31st January, 2019
No. 17/GST-2.- In exercise of the powers conferred by section 164 of the Haryana Goods and Services Tax Act, 2017 (19 of 2017), the Governor of Haryana hereby makes the following rules further to amend the Haryana Goods and Services Tax Rules, 2017, namely:-
1. (1) These rules may be called the Haryana Goods and Services Tax (Second Amendment) Rules, 2019.
(2) Save as otherwise provided in these rules, they shall come into force on the first day of February, 2019.
2. In the Haryana Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), in Chapter-II, in the heading, for the words “Composition Rules”, the words, “Composition Levy” shall be substituted.
3. In the said rules, in rule 7, in the Table, under column (3),

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er section 9 for any other place of business;
(c) all separately registered places of business of such person shall pay tax under the Act on supply of goods or services or both made to another registered place of business of such person and issue a tax invoice or a bill of supply, as the case may be, for such supply.
Explanation.- For the purposes of clause (b), it is hereby clarified that where any place of business of a registered person that has been granted a separate registration becomes ineligible to pay tax under section 10, all other registered places of business of the said person shall become ineligible to pay tax under the said section.
(2) A registered person opting to obtain separate registration for a place of business shall submit a separate application in 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 ofregistration shall, mutatis mutandis, apply to an application submitted u

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ake any taxable supply during the period of suspension and shall not be required to furnish any return under section 39.
(4) The suspension of registration under sub-rule (1) or sub-rule (2) shall be deemed to be revoked upon completion of the proceedings by the proper officer under rule 22 and such revocation shall be effective from the date on which the suspension had come into effect.”.
7. In the said rules, after rule 41, the following rule shall be inserted, namely:-
“41A. Transfer of credit on obtaining separate registration for multiple places of business within a State or Union territory.-(1) 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 unutilisedinput 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

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“and entry 92A” shall be inserted.
9. In the said rules, in rule 43,-
(a) in sub-rule (1), in clause (g), in the Explanation, after the word and figures “entry 84”, the words, figures and letter “and entry 92A” shall be inserted.
(b) in sub-rule (2), in the Explanation, clause (a) shall be omitted.
10. In the said rules, in rule 53,-
(a) in sub-rule (1), after the word and figure “section 31”, the words and figure “and credit or debit notes referred to in section 34” shall be omitted;
(b) in sub-rule (1), clause (c) shall be omitted;
(c) in sub-rule (1), clause (i) shall be omitted;
(d) after sub-rule (1), the following sub-rule shall be inserted, namely:-
“(1A) A credit or debit note referred to in section 34 shall contain the following particulars, namely:-
(a) name, address and Goods and Services Tax Identification Number of the supplier;
(b) nature of the document;
(c) a consecutive serial number not exceeding sixteen characters, in one or multiple series, containin

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the proviso to sub-section (5) of section 35,” shall be inserted.
12. In the said rules, in rule 83,-
(a) in sub-rule (1), in clause (a), for the words “Central Board of Excise” the words “Central Board of Indirect Taxes” shall be substituted;
(b) in sub-rule (3), in the second proviso, for the words “eighteen months”, the words “thirty months” shall be substituted;
(c) for sub-rule (8), the following sub-rule shall be substituted, namely:-
“(8) A goods and services tax practitioner can undertake any or all of the following activities on behalf of a registered person, if so authorised by him to-
(a) furnish the details of outward and inward supplies;
(b) furnish monthly, quarterly, annual or final return;
(c) make deposit for credit into the electronic cash ledger;
(d) file a claim for refund;
(e) file an application for amendment or cancellation of registration;
(f) furnish information for generation of e-way bill;
(g) furnish details of challan in FORM GST ITC-04;

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the said rules, in rule 86, in sub-rule (2), after the word and figure “section 49”, the words, figures and letters “or section 49A or section 49B,” shall be inserted.
15. In the said rules, in rule 89, in sub-rule (2), for clause (f), the following clause shall be substituted, namely:-
“(f) a declaration to the effect that tax has not been collected from the Special Economic Zone unit or the Special Economic Zone developer, in a case where the refund is on account of supply of goods or services or both made to a Special Economic Zone unit or a Special Economic Zone developer;”.
16. In the said rules, in rule 91,-
(a) in sub-rule(2),-
(i) for the sign “.” existing at the end, the sign “:” shall be substituted; and
(ii) the following proviso shall be inserted, namely:-
“Provided that the order issued in FORM GST RFD-04 shall not be required to be revalidated by the proper officer.”;
(b) in sub-rule (3),-
(i) for the sign “.” existing at the end, the sign “:” shall be substitut

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fter the words “convertible foreign exchange”, the words “or in Indian rupees, wherever permitted by the Reserve Bank of India” shall be added.
19. In the said rules, in FORM GST REG-01, in instruction 12, for the words “business verticals” occurring twice, the words “places of business” shall be substituted.
20. In the said rules, in FORM GST REG-17, at the end, the following “Note”shall be inserted, namely:-
“Note: – Your registration stands suspended with effect from – (date).”.
21. In the said rules, in FORM GST REG-20, at the end, the following “Note”shall be inserted, namely:-
“Note: – Your registration stands suspended with effect from – (date).”.
22. In the said rules, after FORM GST ITC-02, the following form shall be inserted, namely:-
FORM GST ITC-02A
[See rule 41A]
Declaration for transfer of ITC pursuant to registration under sub-section (2) of section 25
1.
GSTIN of transferor
2.
Legal name of transferor
3.
Trade name of transferor, if any
4.
GSTIN of t

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and the entries relating thereto, the following serial number and entries shall be inserted, namely:-
“6
To furnish information for generation of e-way bill
7
To furnish details of challan in FORM GST ITC-04
8
To file an application for amendment or cancellation of enrolment under rule 58
9
To file an intimation to pay tax under the composition scheme or withdraw from the said scheme”.
24. In the said rules, in FORM GSTR -4,-
(a) in clause 6,for the Table, the following Table shall be substituted, namely:-
Rate of tax
Total Turnover
Out of turnover reported in (2), turnover of services
Composition tax amount
Central Tax
State/UT Tax
1
2
3
4
5
(b) in clause 7, for the Table, the following Table shall be substituted, namely:-
“Quarter
Rate
Original details
Revised details
Total Turnover
Out of turnover reported in (3), turnover of services
Central Tax
State/UT Tax
Total Turnover
Out of turnover reported in (7), turnover of services
Central Tax
State/

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“15.Details of payment of admitted amount and pre-deposit:-
(a) Details of payment required
Particulars
Central tax
State/ UT tax
Integrated tax
Cess
Total amount
a) Admitted amount
Tax/ Cess
< total >
Interest
< total >
Penalty
< total >
Fees
< total >
Other charges
< total >
< total >
b) Pre-deposit (10% of disputed tax/cess but not exceeding ₹ 25 crore each in respect of CGST, SGST or cess, or not exceeding ₹ 50 crore in respect of IGST and ₹ 25 crore in respect of cess)
Tax/Cess
< total >
(b) Details of payment of admitted amount and pre-deposit (pre-deposit 10% of the disputed tax and cess but not exceeding ₹ 25 crore each in respect of CGST, GGST or cess, or not exceeding ₹ 50 crore in respect of IGST and ₹ 25 crore in respect of cess)
Sr. No.
Description
Tax payable
Paid through Cash/ Credit Ledger
Debit entry no.
Amount of tax paid
Central tax
State/UT tax
Integrated tax
CESS
1
2
3
4
5
6
7
8
9
1

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e (a), in the Table, for the brackets, figures and words “(20% of disputed tax)”, the brackets, figures, words and letters “(20% of disputed tax/cess but not exceeding ₹ 50 crore each in respect of CGST, GGST or cess or not exceeding ₹ 100 crore in respect of IGST and ₹ 50 crore in respect of cess)” shall be substituted;
(ii) in sub-clause (b), for the brackets, words and figures “(pre-deposit 20% of the disputed admitted tax and Cess)”, the brackets, words, figures and letters”(pre-deposit of 20% of the disputed admitted tax and cess but not exceeding ₹ 50 crore each in respect of CGST, GGST or cess or not exceeding ₹ 100 crore in respect of IGST and ₹ 50 crore in respect of cess)” shall be substituted;
(b) after clause 14, the following shall be inserted, namely:-
“15. Place of supply wise details of the integrated tax paid (admitted amount only) mentioned in the Table in sub-clause (a) of clause 14 (item (a)), if any
Place of Supply (Name of

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Extension of the due date for furnishing Form GSTR-7 for the months of October, 2018 to December, 2018 till 28/02/2019

Extension of the due date for furnishing Form GSTR-7 for the months of October, 2018 to December, 2018 till 28/02/2019
07/2019 – State Tax Dated:- 31-1-2019 West Bengal SGST
GST – States
West Bengal SGST
West Bengal SGST
GOVERNMENT OF WEST BENGAL
DIRECTORATE OF COMMERCIAL TAXES
14, BELIAGHATA ROAD, KOLKATA -700015
NOTIFICATION BY THE COMMISSIONER OF STATE TAX
Notification No. 01/2019-C.T./GST
Dated: 31/01/2019
No. 07/2019 – State Tax
In exercise of the powers conferred b

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Extension in period of submitting the declaration in GST Form TRAN-1

Extension in period of submitting the declaration in GST Form TRAN-1
F.17(131)ACCT/GST/2017/4187 Dated:- 31-1-2019 Rajasthan SGST
GST – States
Rajasthan SGST
Rajasthan SGST
GOVERNMENT OF RAJASTHAN
COMMERCIAL TAXES DEPARTMENT
NOTIFICATION
Jaipur, dated January 31, 2019
In exercise of the powers conferred by sub-rule (1A) of rule 117 of the Rajasthan Goods and Services Tax Rules, 2017 read with section 168 of the Rajasthan Goods and Services Tax Act, 2017, on the recommendations

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Commissioner of CGST, Mumbai East Versus Western Union Services India Pvt. Ltd.

Commissioner of CGST, Mumbai East Versus Western Union Services India Pvt. Ltd.
Service Tax
2019 (3) TMI 418 – CESTAT MUMBAI – 2019 (369) E.L.T. 844 (Tri. – Mumbai)
CESTAT MUMBAI – AT
Dated:- 31-1-2019
APPEAL No. ST/86744/2018 – A/85245/2019
Service Tax
Dr. D.M. Misra, Member (Judicial)
Shri M. Suresh, Joint Commissioner (AR), for appellant
Mihir Deshmukh, Advocate, for respondent
ORDER
Heard both sides.
2. This is an appeal filed by the Revenue against order-in-appeal No. PK/353/ME/2017 dated 20.12.2017 passed by Commissioner of Central Excise & GST (Appeals), Mumbai-II.
3. Briefly stated the facts of the case are that the respondent had filed two quarterly refund claims for the period April 2012 to June 2012 and July 2012 to September 2012 totaling to Rs. 40,54,016/- in terms of Notification No.27/2012-CE(NT) dated 18.6.2012. The learned adjudicating authority rejected a portion of the refund claim amounting to Rs. 33,97,770/-, inter alia, on the ground

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a particular quarter has been taken into consideration in calculating the refund amount. It is his contention that the learned Commissioner (Appeals) without appreciating the said change in the law, allowed the refund claim, which was rejected by the adjudicating authority.
5. Learned Advocate, Shri Mihir Deshmukh, for the respondent, submits that even though by mistake, the invoices which were issued before amendment and its turnover was considered while allowing refund claim during the quarters October 2011 to March 2012, and now also included in the present refund claims as the export proceeds were received during the subsequent period, however, the net effect of the refund allowed by the learned Commissioner (Appeals) would not undergo any change. It is his contention that while reducing the export turnover of the services at numerator, the same amount should also be reduced from total turnover in the denominator in calculating the refund amount.
6. I find that the dispute centre

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er the old provisions, if not claimed, could be claimed within one year from the relevant date even after 1.4.2012 but not twice for the same invoices, once while raising the invoices and second time while receiving the proceeds of the invoice. Both proceedings operate in different spheres which would be clear if the proviso to Rule 5(2) of Cenvat Credit Rules, 2004 is read along with the amended definition of 'export turnover services'. However, I find force in the contention of the learned Advocate for the respondent that once the 'export turnover of services' is reduced automatically, the total turnover gets reduced. This fact needs to be ascertained by applying the formula in the proper perspective.
7. In the result, the impugned order is set aside and the appeal is allowed by way of remand to the adjudicating authority to recalculate the refund amount based on the formula prescribed under the amended Rule 5 of Cenvat Credit Rules, 2004 taking into consideration the correct export

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GST on Services of Business Facilitator (BF) or a Business Correspondent(BC) to Banking Company.

GST on Services of Business Facilitator (BF) or a Business Correspondent(BC) to Banking Company.
11/2019/GST Dated:- 31-1-2019 Andhra Pradesh SGST
GST – States
Government of Andhra Pradesh
Commercial Taxes Department
Proceedings of the Chief Commissioner of State Tax (FAC), Andhra Pradesh
Present: Sri.J.SyamaIa Rao, I.A.S.
Office of the
Chief Commissioner of State Tax,
Edupugallu,Vijayawada
Circular No. 11/2019/GST
CCTs Ref.in CCW/GST/74/2015
Dt. 31.01.2019
Subject: GST on Services of Business Facilitator (BF) or a Business Correspondent(BC) to Banking Company- reg.
Representations have been received seeking clarification on following two issues:
(i) What is the value to be adopted for the purpose of computing GST

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rging any fee to the customers for services rendered by them on behalf of the bank. On the other hand, banks (and not BCS) are permitted to collect reasonable service charges from the customers for such service in a transparent manner. The arrangements of banks with the Business Correspondents specify the requirement that the transactions are accounted for and reflected in the bank's books by end of the day or the next working day, and all agreements/ contracts with the customer shall clearly specify that the bank is responsible to the customer for acts of omission and commission of the Business Facilitator/Correspondent.
2.3 Hence, banking company is the-service provider in the business facilitator model or the business correspondent

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rovided by BF/BC is dependent on the meaning of the expression “accounts in its rural area branch”.
3.1 It is clarified that for the purpose of availing exemption from GST under Sl. No. 39 of said notification, the conditions flowing from the language of the notification should be satisfied. These conditions are that the services provided by a BF/BC to a banking company in their respective individual capacities should fall under the Heading 9971 and that such services should be with respect to accounts in a branch located in the rural area of the banking company. The procedure for classification of branch of a bank as located in rural area and the services which can be provided by BF/BC, is governed by the RBI guidelines.
Therefore, class

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

Clarification on GST rate applicable on supply of food and beverage services by educational institution.
10/2019/GST Dated:- 31-1-2019 Andhra Pradesh SGST
GST – States
Government of Andhra Pradesh
Commercial Taxes Department
Proceedings of the Chief Commissioner of State Tax (FAC), Andhra Pradesh
Present: Sri.J.Syamala Rao, I.A.S.

Office of the
Chief Commissioner of State Tax,
Edupugallu, Vijayawada
Circular No. 10/2019/GST
CCTs Ref.in CCW/GST/74/2015
Dt. 31.01.2019
Subject: Clarification on GST rate applicable on supply of food and beverage services by educational institution- reg.
Representations have been received seeking clarification as to the rate of GST applicable on supply of food and beverages services by educational institution to its students. It has been stated that the words “school, college” appearing in Explanation I to Entry 7 (i) of G.O.Ms.No.259, Revenue (Commercial Taxes-II), 29th June, 2017 {corresponding Notification No. 1 1/2017-Central Tax (

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ces provided by an educational institution to its students, faculty and staff. There is no conflict between the two entries. Entries in G.O.Ms.No.259, Revenue (Commercial Taxes- II), 29th June, 2017 {corresponding Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017} prescribing GST rates on service have to be read together with entries in exemption in G.O.Ms.No.588, Revenue (Commercial Taxes-II), 12th December, 2017{corresponding Notification No. 12/2017- Central Tax (Rate) dated 28.06.2017}. A supply which is specifically covered by any entry of G.O.Ms.No.588, Revenue (Commercial Taxes-II), 12th December, 2017{corresponding Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017} is exempt from GST notwithstanding the fact that GST rate has been prescribed for the same under G.O.Ms.No.259, Revenue (Commercial Taxes-II), 29th June, 2017 {corresponding Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017}.
2.1 Supply of all services by an educational institution t

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o its students, faculty and staff, where such supply is made by the educational institution itself, is exempt under G.O.Ms.No.588, Revenue (Commercial Taxes-II), 12th December, 2017 {corresponding Notification No. 12/2017- Central Tax (Rate) dated 28.06.2017, vide Sl. No. 66 w.e.f. 01-07-2017 itself. However, such supply of food and beverages by any person other than the educational institutions based on a contractual arrangement with such institution is leviable to GST@ 5%.
3. In order to remove any doubts on the issue, Explanation I to Entry 7(i) of G.O.Ms.No.259, Revenue (Commercial Taxes-II), 29th June, 2017 {corresponding Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017} has been amended vide G.O.Ms.No.24 Rev.(CT-II) Dept. m. 18-01-2019 {corresponding notification No. 27/2018-Central Tax(Rate) dated 31.12.2018} to omit from it the words “school, college”. Further, heading 9963 has been added in Column (2) against entry at SI. No. 66 of G.O.Ms.No.588, Revenue (Commerci

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Applicability of GST on Asian Development Bank (ADB) and International Finance Corporation (IFC).

Applicability of GST on Asian Development Bank (ADB) and International Finance Corporation (IFC).
08/2019/GST Dated:- 31-1-2019 Andhra Pradesh SGST
GST – States
Government of Andhra Pradesh
Commercial Taxes Department
Proceedings of the Chief Commissioner of State Tax (FAC), Andhra Pradesh
Present: Sri.J.SyamaIa Rao, I.A.S.

Office of the
Chief Commissioner of State Tax,
EdupugaIIu, Vijayawada
Circular No.08/2019/GST
CCTs Ref.in CCW/GST/74/2015
Dt.31.01.2019
Subject: Applicability of GST on Asian Development Bank (ADB) and International Finance Corporation (IFC) – reg.
This circular is regarding applicability of GST on Asian Development Bank (ADB) and International Finance Corporation (IFC).
2. The ADB Act, 1966 provid

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d its operations and transactions authorised by the Agreement, shall be immune from all taxation and from all customs duties. The Corporation shall also be immune from liability for the collection or payment of any tax or duty [Section 3 (1) of IFC Act, 1958 read with Article VI, Section 9 (a) of the Schedule thereto refers].
3. CESTAT Mumbai vide final order dated 17-10-2016 in the case of M/s Coastal Gujarat Power Ltd. = 2016 (12) TMI 229 – CESTAT MUMBAI has held that when the enactments that honour international agreements specifically immunize the operations of the service provider from taxability, a law contrary to that in the form of Section 66A of Finance Act, 1994 will not prevail. With the provider being not only immune from taxat

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

Applicability of GST on various programmes conducted by the Indian Institutes of Managements (IIMs)
07/2019/GST Dated:- 31-1-2019 Andhra Pradesh SGST
GST – States
Government of Andhra Pradesh
Commercial Taxes Department
Proceedings of the Chief Commissioner of State Tax (FAC), Andhra Pradesh
Present: Sri.J.SyamaIa Rao, I.A.S.

Office of the
Chief Commissioner of State Tax,
Edupugallu, Vijayawada
Circular No.07/2019/GST
CCTs Ref.in CCW/GST/74/2015
Dt. 31.01.2019
Subject: Applicability of GST on various programmes conducted by the Indian Institutes of Managements (IIMs)- Reg.
This has reference to the Indian Institutes of Management Act, 2018 which came into force on 31st January, 2018. According to provisions of the IIM Act, all the 11Ms listed c; in the schedule to the 11M Act are “institutions of national importance”. They are empowered to (i) grant degrees, diplomas, and other academic distinctions or titles, (ii) specify the criteria and process for admission

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a sample list of programs which are of long duration (one year or more), recognized by law and are exempt from GST.
3. For the period from 1st July, 2017 to 30th January, 2018, 11Ms were not covered by the definition of educational institutions as given in G.O.Ms.No.588, Revenue (Commercial Taxes-II), 12th December, 2017 {corresponding notification No. 12/2017-Central Tax (Rate) dated 28.06.2017}. Thus, they were not entitled to exemption under Sl. No. 66 of the said notification. However, there was specific exemption to following three programs of IIMs under Sl. No. 67 of G.O.Ms.No.588, Revenue (Commercial Taxes-II), 12th December, 2017 {corresponding notification No. 12/ 2017 Central Tax (Rate) dated 28.06.2017} :-
(i) two-year full time Post Graduate Programmes in Management for the Post Graduate Diploma in Management, to which admissions are made on the basis of Common Admission Test (CAT) conducted by the Indian Institute of Management,
(ii) fellow programme in Management,
(ii

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7 Central Tax (Rate) dated 28.06.2017} are available to the 11Ms. The legal position in such situation has been clarified by Hon'ble Supreme Court in many cases that if there are two or more exemption notifications available to an assessee, the assessee can claim the one that is more beneficial to him. Therefore, from 31st January, 2018 to 31st December, 2018, IIMs can avail exemption either under Sl. No 66 or Sl. No. 67 of the said notification for the eligible programs. In this regard following case laws may be referred-
i. H.C.L. Limited vs Collector of Customs [2001 (130) ELT 405 (SC)] = 2001 (3) TMI 971 – SUPREME COURT OF INDIA
ii. Collector of Central Excise, Baroda vs Indian Petro Chemicals [1997 (92) ELT 13 (SC)] = 1996 (12) TMI 66 – SUPREME COURT OF INDIA
iii. Share Medical Care vs Union of India reported at 2007 (209) ELT 321 (SC) = 2007 (2) TMI 2 – SUPREME COURT OF INDIA
iv. CCE vs Maruthi Foam (P) Ltd. [1996 (85) RLT 157 (Tri.) = 1995 (9) TMI 194 – CEGAT, NEW DELHI

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d to while determining eligibility of various programs conducted by Indian Institutes of Managements for exemption from GST.
Sl.No.
Periods
Programmes offered by Indian Institutes of Management
Whether exempt from GST
(1)
(2)
(3)
(4)
1
1st July, 2017 to 30th January, 2018
i. two-year full time Post Graduate Programmes in Management for the Post Graduate Diploma in Management, to which admissions are made on the basis of Common Admission Test (CAT) conducted by the Indian Institute of Management,
ii. fellow programme in Management,
iii. five years integrated programme in Management.
Exempt GST from
i. One- year Post Graduate Programs for Executives,
ii. Any programs other than those mentioned at Sl. No. 67 of G.O.Ms.No.588, Revenue (Commercial Taxes-II), 12th December, 2017 {corresponding notification No. 12/2017 Central Tax (Rate) dated 28.06.2017}.
iii. All short duration executive development programs or need based specially designed programs (less than one year).
N

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(PGP-FABM) 2-year program
3. Fellow Programme in Management (FPM) – 4 to 5-year program
4. Post-Graduate Programme in Management for Executives (PGPX) – 12 months (1 year) full time program
5. ePost-Graduate Programme (ePGP) – 2-year online program.
This list is an example of long duration programs recognised under IIM Act, 2017 offered by IIM Ahmedabad. Similar programs offered by other IIMs of India may kindly be referred by 11Ms and tax authorities during assessment.
Annexure 2: Programmes not exempt under GST Law
The executives / professionals doing short term courses (less than one year) are considered as “participants” of the programmes of the IIM Ahmedabad:
1. Armed Forces Programme
2. Faculty Development Programme
3. Executive Education
a. Customized Executive Programmes
b. Open Enrolment Programme
This list is an example of short duration executive development programs offered by IIM Ahmedabad which are available to participants. Similar programs offered by other

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Whether exporter availing 0.1% concessional rate of IGST eligible for drawback?

Whether exporter availing 0.1% concessional rate of IGST eligible for drawback?
Query (Issue) Started By: – Mohideen A Dated:- 30-1-2019 Last Reply Date:- 31-1-2019 Goods and Services Tax – GST
Got 1 Reply
GST
We are an exporter unit enjoying 0.1% concessional rate of GST on inward supplies and then directly export to our clients abroad as exports. Can we avail both drawback on such exports and concessional rate on input GST. kindly clarify.
also, the current drawback rate has only

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Reverse Charge applicability of GST or Not

Reverse Charge applicability of GST or Not
Query (Issue) Started By: – shankar narayanan Dated:- 30-1-2019 Last Reply Date:- 31-1-2019 Goods and Services Tax – GST
Got 4 Replies
GST
Vendor is from Mumbai (Un-registered service provider) since Vendor is falling below the threashold limit of ₹ 20L. Vendor issued invoice to his Noida customer towards supply of one manpower to his Noida Customer. As per invoice place of provision of service is Noida. As per invoice Service provider is Mumbai address and Service Recipient is Noida address
Query is whether Noida customer need to pay GST under reverse charge ? Please clarify
Reply By KASTURI SETHI:
The Reply:
Security service is under RCM and not manpower supply. Both are d

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Transfer of credit on obtaining separate registration for multiple places of business within a State or Union territory

Rule 41A
Transfer of credit on obtaining separate registration for multiple places of business within a State or Union territory
GST
Input Tax Credit
Rule 41A of Central Goods and Services Tax Rules, 2017
1[Rule 41A. Transfer of credit on obtaining separate registration for multiple places of business within a State or Union territory.-
(1) 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 separat

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Suspension of registration

Rule 21A
Suspension of registration
GST
Registration
Rule 21A of Central Goods and Services Tax Rules, 2017
1[Rule 21A. Suspension of registration.-
(1) Where a registered person has applied for cancellation of registration under rule 20, the registration shall be deemed to be suspended from the date of submission of the application or the date from which the cancellation is sought, whichever is later, pending the completion of proceedings for cancellation of registration under rule 22.
(2) Where the proper officer has reasons to believe that the registration of a person is liable to be cancelled under section 29 or under rule 21, he may 4[****] suspend the registration of such person with effect from a date to be determined by him, pending the completion of the proceedings for cancellation of registration under rule 22.
11[(2A) Where,-
(a) a comparison of the returns furnished by a registered person under section 39 with the details of outward supplies furnished in

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thirty days, as to why his registration shall not be cancelled.]
(3) A registered person, whose registration has been suspended under sub-rule (1) or sub-rule (2) 6[or sub-rule (2A)], shall not make any taxable supply during the period of suspension and shall not be required to furnish any return under section 39.
2[Explanation.-For the purposes of this sub-rule, the expression “shall not make any taxable supply” shall mean that the registered person shall not issue a tax invoice and, accordingly, not charge tax on supplies made by him during the period of suspension.]
7[(3A) A registered person, whose registration has been suspended under sub-rule (2) or sub-rule (2A), shall not be granted any refund under section 54, during the period of suspension of his registration.]
(4) The suspension of registration under sub-rule (1) or sub-rule (2) 8[or sub-rule (2A)] shall be deemed to be revoked upon completion of the proceedings by the proper officer under rule 22 and such revocation s

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order having the effect of revocation of suspension of registration has been passed, the provisions of clause (a) of sub-section (3) of section 31 and section 40 in respect of the supplies made during the period of suspension and the procedure specified therein shall apply.]
 
 
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NOTES:-
1.
Inserted vide Notification No. 03/2019 – Central Tax dated 29-01-2019 w.e.f. 01-02-2019
2.
Inserted vide Notification No. 49/2019 – Central Tax dated 09-10-2019
3.
Inserted vide Notification No. 49/2019 – Central Tax dated 09-10-2019
4. 
Omitted vide Notification No. 94/2020-Central Tax dated 22-12-2020 before it was read as
“, after affording the said person a reasonable opportunity of being heard,”
5. 
Inserted vide Notification No. 94/2020-Central Tax dated 22-12-2020 
6. 
Inserted vide Notification No. 94/2020-Central Tax dated 22-12-2020
7. 
Inserted vide Notification No. 94/2020-Central Tax date

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Section 34 of CGST Act: Adjust Tax Liability with Credit/Debit Notes for Accurate GST Compliance on Goods and Services.

Section 34 of CGST Act: Adjust Tax Liability with Credit/Debit Notes for Accurate GST Compliance on Goods and Services.
Act-Rules
GST
Credit and debit notes. – Section 34 of the CENTRAL GOODS

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GST Registration Cancellation Rules: Section 29 Details Conditions, Process for Suspension, Voluntary Cancellation, and Ensures Fair Hearing.

GST Registration Cancellation Rules: Section 29 Details Conditions, Process for Suspension, Voluntary Cancellation, and Ensures Fair Hearing.
Act-Rules
GST
Cancellation or suspension of regis

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