REVERSE CHARGE GTA FROM OUTSIDE STATE

REVERSE CHARGE GTA FROM OUTSIDE STATE
Query (Issue) Started By: – satbir singhwahi Dated:- 25-1-2019 Last Reply Date:- 31-1-2019 Goods and Services Tax – GST
Got 5 Replies
GST
Unit located in Punjab is receiving goods from Rajasthan, the freight paid by unit in Punjab, and reverse charge under gst . Whether Igst need to be paid or cgst and sgst.
Reply By KASTURI SETHI:
The Reply:
CGST + SGST covered under Section 8(a) of IGST Act, 2017.
Reply By Ganeshan Kalyani:
The Reply:
If t

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SALE OF USED MACHINERY

SALE OF USED MACHINERY
Query (Issue) Started By: – SUNDARA MOORTHI Dated:- 25-1-2019 Last Reply Date:- 28-1-2019 Goods and Services Tax – GST
Got 4 Replies
GST
MACHINERY PURCHASED DURING VAT REGIME IN 2012. VAT INPUT TAX NOT AVAILED.
DEPRECIATION CLAIMED UNDER INCOME TAX AS PER IT RULES.
THE USED MACHINERY IS BEING SOLD OUTSIDE THE STATE. (INTERSTATE)
THE ISSUE IS WHAT IS THE RATE OF GST AND ON WHAT VALUE.?
NEED A DETAILED REPLY ASAP.
Reply By Ganeshan Kalyani:
The Reply:
GST is applicable on the value of supply at applicable rate.
Reply By KASTURI SETHI:
The Reply:
You are to pay GST at depreciated value. Depreciated value can be computed by many methods but two methods are very suitable and beneficial to the assessees

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CASES THAT NOT AMOUNT TO PROFITEERING

CASES THAT NOT AMOUNT TO PROFITEERING
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 25-1-2019

Anti Profiteering Measure
Section 171(1) of the Central Goods and Services Tax Act, 2017 provides that any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices.
Section 171 deals with two situations-
* one relating to the passing on the benefit of reduction in the rate of tax; and
* the second pertaining to the passing on the benefit of ITC.
In this articles some of the case laws are discussed in which cases the anti-profiteering has not been attracted.
Change in tax rate
There may be circumstances for change of tax rate as detailed below-
* Reduction of tax rate in the post GST period than the pre GST period;
* Reduction of tax rate in the post GST period after 01.04.2017 by the decision taken by the GST Council in the mee

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t the respondent.
In 'Shylesh Damodaran v. Landmark Automobiles Private Limited' – 2018 (12) TMI 1002 – THE NATIONAL ANTI-PROFITEERING AUTHORITY, the Authority found that from the DGAP's investigation report that there was no reduction in the tax rates, the allegation of profiteering by the respondent on account of change in rate is not sustainable.
In 'State Level Screening Committee on Anti Profiteering, Kerala v. Zeba Distributors' – 2018 (12) TMI 1001 – THE NATIONAL ANTI-PROFITEERING AUTHORITY, it was alleged profiteering by the respondent on the supply of 'Eastern Meat Masala' (HSN Code No.0910) by not passing on the benefit of reduction in the rate of tax at the time of implementation of GST. The DGAP has intimated that there was no reduction in the rate of tax on the product which was 5% both in the pre-GST era well as in the post GST era. The respondent did not increase the per unit base price (excluding tax) of the product which was ₹ 238/- during both the periods. The

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ttee on Anti-Profiteering v. Asian Granito India Limited' – 2018 (12) TMI 1401 – NATIONAL ANTI-PROFITEERING AUTHORITY, it was alleged anti-profiteering by the respondent on the supply of 'Granure Hard Nero-10MM & Granure Hard Crema – 10 MM Tiles' by not passing on the benefit of reduction in the rate of tax of GST with effect from 15.11.2017 from 28% to 18%. The Authority found from the report that the sale price of these products was reduced from ₹ 1037.52 (pre GST revision) to ₹ 840.68 (post GST revision) when the GST rate on the above items was revised from 28% to 18%. Thus it is clear that the base prices have not been changed and accordingly the selling prices of the products have been reduced. The respondent has duly passed on the benefit of reduction of tax rate by the keeping the base price constant thus reducing the selling price of the products in question. Therefore the anti profiteering provisions are not attracted.
Passing on the benefit of ITC
In 'Shylesh Da

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ost GST era as compared to the pre GST era and the pre GST and post GST sale invoices issued by the respondent revealed that the base price charged from the applicant had been reduced as the benefit of ITC was passed on by the respondent to the applicant. Therefore the allegation that the applicant had not been given the benefit of ITC by the respondent was not proved. The Authority dismissed the application of the applicant.
Reduction in discount
In 'Kerala State Screening Committee on Anti-profiteering v. Asian paints Limited' – 2019 (1) TMI 21 – NATIONAL ANTI-PROFITEERING AUTHORITY it was alleged anti profiteering by the respondent on the supply of the product 'Paint [AP Apex Classic WT 10 LT (HSN Code 3209)] by not passing the benefit of reduction in the rate of tax of GST at the time of its implementation. The Authority found that the respondent has increased the sale price of the product from ₹ 1855.05 to ₹ 1859.55 resulting in the increase of ₹ 4.50. It is a

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NATIONAL ANTI-PROFITEERING AUTHORITY (NAA) AND ITS ORDERS IN 2018

NATIONAL ANTI-PROFITEERING AUTHORITY (NAA) AND ITS ORDERS IN 2018
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 25-1-2019

The GST law contains a provision on anti-profiteering measure as a deterrent for trade and industry to enjoy unjust enrichment in terms of profit arising out of implementation of Goods and Services Tax in India, i.e., anti-profiteering measure would obligate the businesses to pass on the cost benefit arising out of GST implementation to their customers.
The Authority constituted by Central Government has powers to impose a penalty in case it finds that the price being charged has not been reduced consequent to reduction in rate of tax or allowance of input tax credit.
During the two years of initial transition into GST regime, Anti-Profiteering Authority (NAA) has the mandate to ask businesses that have not passed on full benefits of reduced tax burden to consumers to make up for such benefit, with interest.
During the year 2018,

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e up for such benefit, with interest.
During the year 2018, the NAA has passed 28 orders against the complaints referred to it. Following is the gist of NAA Orders issued in 2018. It may be noted that out of 28 Orders, Anti-profiteering could not be established in 18 cases.
S.No.
Date
Complaint Against
Issue
Anti-Profiteering
Citations
1
27.03.2018
M/s Vrandavaneshwree Automotive Pvt. Ltd.
Price difference on sale of car in GST regime booked in pre-GST regime
Not established
(2018) 4 TMI 1377 (NAA)
2
04.05.2018
M/s KRBL Ltd
Levy of GST @5% on branded rice in GST regime
Not established
(2018) 5 TMI 760 (NAA)
3
31.05.2018
M/s Schindler India Pvt. Ltd., Mumbai
Purchase of lift before and after GST, GST charged on excise duty
Not established
(2018) 6 TMI 687 (NAA)
4
18.07.2018
M/s Flipkart Internet Pvt. Ltd., Bangalore
Discount withdrawn on sale of Godrej almirah on Flipkart
Not established
(2018) 7 TMI 1490 (NAA)
5
07.09.2018
M/s Sharma Trading Compa

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nefit of GST rate reduction from 18% to 5% on supplies of burgers
Not established for want of evidence
(2018) 10 TMI 1615 (NAA)
12
16.11.2018
M/s Fabindia
Sale of Bathing Bar and instant Drink Powder on old MRP even after GST fixed @ 18%
Not established
(2018) 11 TMI 1011 (NAA)
13
16.11.2018
M/s Hard Castle
(McDonald's)
No passing of benefit of GST rate reduction from 18% to 5% on supplies of burgers
Upheld
[2018] 11 TMI 1073 (NAA)
14
28.11.2018
M/s Theco India Pvt. Ltd.
(Milling Machine Furnace)
No passing of benefit of GST rate reduction and ITC on purchase of important machinery
Upheld
2018 (12) TMI 135 (NAA)
15
06.12.2018
M/s J.P. and Sons
(Johnson & Johnson Baby)
Charge of same MRP after tax reduction
Upheld
(2018) 12 TMI 472 (NAA)
16
07.12.2018
M/s Harish Bakers & Confectioners Pvt. Ltd. (Cadbury Dairy Milk Chocolate)
No passing of benefit of GST rate reduction from 28% to 18 % on chocolates
Upheld
(2018) 12 TMI 473 (NAA)
17
17.12.2018

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hed
(2018) 12 TMI 1403 (NAA)
23
24.12.2018
M/s Impact Clothing Co.
Allegation of profiteering on sale of garments
Not established
(2018) 12 TMI 1404 (NAA)
24
27.12.2018
M/s Raj & Company
Allegation of not passing benefit of tax rate reduction and not changing MRP of various FMCG products
Upheld
(2019) 1 TMI 22 (NAA)
25
27.12.2018
M/s Janson
Allegation of not passing benefit of tax rate reduction on supply of Lungi
Not established
(2018) 12 TMI 1600 (NAA)
26
27.12.2018
M/s Lorenzo Vitrified Tiles Pvt. Ltd.
Allegation of not passing benefit of tax rate reduction on supply of Mirror Series Tiles
Not established
(2018) 12 TMI 1601 (NAA)
27
27.12.2018
M/s Ahuja Radios
Allegation of not passing benefit of tax rate reduction on supply of Ceiling / wall speaker
Not established
(2018) 12 TMI 1602 (NAA)
28
27.12.2018
M/s Asian Paints Ltd.
Allegation of not passing benefit of tax rate reduction on supply of paint product
Not established
(2019) 1 TMI 2

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M/s GLORY CHEMICALS LIMITED Versus ASSISTANT COMMISSIONER OF GST AND CENTRAL EXCISE

M/s GLORY CHEMICALS LIMITED Versus ASSISTANT COMMISSIONER OF GST AND CENTRAL EXCISE
Central Excise
2019 (1) TMI 1500 – GUJARAT HIGH COURT – TMI
GUJARAT HIGH COURT – HC
Dated:- 25-1-2019
R/SPECIAL CIVIL APPLICATION NO. 1444 of 2019
Central Excise
MS HARSHA DEVANI AND DR A. P. THAKER, JJ.
For The Petitioner (s) : MR ANAND NAINAWATI (5970)
ORAL ORDER
(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)
1. The learned advocate for the petitioner has tendered a draft amendment. The amendment is allowed in terms of the draft. The same shall be carried out forthwith.
2. Mr. Anand Nainawati, learned advocate for the petitioner has invited the attention of the court to the order of attachment of immovable property dated 8.1.2019,

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e to him to cause notice to be served upon the defaulter requiring the defaulter to pay the amount specified in the Certificate within seven days from the date of service of the notice and intimate that in default, such subordinate officer is authorised to take steps to realise the amount mentioned in the Certificate in terms of the rules. It was submitted that in the present case, no notice as contemplated under rule 4 of the Recovery Rules has been served upon the petitioner. Referring to rule 5 of the Recovery Rules, it was pointed out that it is only if the amount mentioned in the notice issued in terms of rule 4 is not paid within seven days from the date of service of notice that the Proper Officer may proceed to realise the amount by

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M/s Morgan Stanley India Financial Services Pvt. Ltd. Versus Commissioner of CGST, Mumbai East

M/s Morgan Stanley India Financial Services Pvt. Ltd. Versus Commissioner of CGST, Mumbai East
Service Tax
2019 (2) TMI 19 – CESTAT MUMBAI – [2019] 71 G S.T.R. 226 (CESTAT – Mum)
CESTAT MUMBAI – AT
Dated:- 25-1-2019
APPEAL NO. ST/87641 & 87737/2018 – A/85196-85197/2019
Service Tax
SHRI AJAY SHARMA, MEMBER (JUDICIAL)
Shri Prasad Paranjape, Advocate with Shri Suyog Bhare, Advocate for Appellant
Shri Onil Shivdikar, Assistant Commissioner (AR) for Respondent
ORDER
These appeals have been filed by the Appellant from the Order-in- Appeals dated 04.04.2018 passed by the Commissioner of CGST & Central Excise (Appeals-II), Mumbai by which the learned Commissioner partly allowed the appeal filed by the Appellant and rejected the claim of CENVAT credit qua “Air Travel Agent Services”, “Banking & Financial Services”, “Business Auxiliary Services” and “General Insurance Services” on the ground that there is no nexus between the input services and output services and the

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dvantage Services Pvt. Ltd. He also produced the copy of the said order.
4. Learned Authorised Representative appearing on behalf of the Revenue reiterates the findings recorded in the impugned order and prayed for dismissal of the appeal.
5. During the course of hearing learned Counsel for the Appellant has also produced a chart indicating the amount in issue against each head, the said chart is taken on record and is extracted as under:-
Sr. No.
OIO Date and Page No.
Period
Nexus Issue
Excess Refund Claimed
Total
General Insurance Services
Air Travel Agent Services
Storage & Warehousing Services
Banking or Financial Services
Business Auxiliary Services
 
 
A
B
C
D
E
F
G
H
I
J
1
23.12.15 (Pg. 27)
Oct 14 to Mar 15

63,559
12,666
3,872
1,172
8,41,890
9,23,159
2
19.07.16 (Pg. 45)
Apr 15 to Sep 15
7,70,288
77,662
8,806
1,439 831

8,59,026
 
Total
7,70,288
1,41,221
21,472
5,311
2,003
8,41,890
17,82,185
The facts of the

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company are at financial risk which may arise against them in the event of any fraud is committed in the investee company. Ultimately the said financial liability has to be borne by the Appellant, therefore in order to protect themselves, the Appellant has taken an insurance policy from Tata AIG in its own name with respect to claim that may be made against its employees who are appointed as Nominee Director/Alternate Director in the investee company. The said insurance policy is taken so that the insurance company can pay the losses of the Appellant which may arise from the arrangement of appointing its employee as Nominee Director/Alternate Director in the investee company, during the course of providing services to its overseas clients. Therefore, it is clear that the insurance policy is taken by the Appellant in relation to the financial risks during the course of business that may arise upon the appointment of the employees as Nominee Director/Alternate Director in the investee co

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deliver qualitative services to them. These meetings are essential for the business of the Appellant and in its absence, the business of the Appellant is going to be affected. Therefore, in my view this input service as availed by the Appellant in connection with its business are essential for the provision of output services and therefore the Appellant is entitled for refund of Service Tax on the said services.
7. The “Storage and Warehousing Services” have been availed by the Appellant for storage of important business related information and the files which are very essential for smooth and organise functioning of business. “Banking & Financial Services” had been availed by the Appellant for availing foreign exchange conversion services for its employees travelling abroad for the business of the Appellant and the “Business Auxiliary Services” have been procured by the Appellant for repairing of the cellular phone of its employees who have been provided with the cellular phone/mobi

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on account of non-reversal of erroneous credit availed by the Appellant in their ST-3 return. It is admitted fact that the Appellant had erroneously availed excess CENVAT credit to the tune of Rs. 7,70,687/- in the month of August, 2014 at the time of filling Service Tax return for the period April, 2014 to September, 2014. According to the Appellant they had identified this error after the due date for revision of Service Tax return for the aforesaid period. But while filing the Service Tax return for the period October, 2014 to March, 2015 the Appellant had reversed the CENVAT credit which was erroneously taken by them during the month of August, 2014 from the total availment for the month of October, 2014 and the CENVAT credit availmnet for the said month of October, 2014 was done in the following manner:-
Particulars
 
Amount
CENVAT credit availed during the month of October 2014
A
11,29,175
Less: Erroneous availment of CENVAT credit in the month of August 2014
B
(7,

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____________
Total Turnover
x
CENVAT credit availed during the period as reduced by any reversals required under Rule 3(5C) of the CENVAT Credit Rules, 2004
The amount arrived by the aforesaid formula is maximum amount that can be claimed as refund under Rule 5 ibid. However, the actual sanction amount depends on other conditions and restrictions prescribed under the Notification No. 27/2012-CE (NT) dated 18.06.2012. Para 2(g) of the said notification prescribes that the sanction amount should be subject to quantitative restriction as follows:-
“2(g) the amount of refund claimed shall not be more than the amount lying in balance at the end of quarter for which refund claim is being made or at the time of filling of the refund claim, whichever is less.”
9. Both the Authorities below have erred in considering the amount of unutilised credit for the quarter, which was calculated by deducting the amount of domestic services tax liability for the period discharged through utilisation

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27/2012-CE (NT) dated 18.06.2012 and Rule 5 of CENVAT Credit Rules, 2004 passed the following order:-
“xxxx
xxxx
xxxx
8. ……………………………. As regard the issue that whether the proposal of the Revenue to reduce the cenvat credit utilize for payment of service tax on the domestic clearances of the services for the purpose of considering the net cenvat credit availed for the purpose of formula, I do not agree with the Revenue's proposal for the reason that as per Notification No. 27/2012- CE(NT) dt. 18.6.2012 in para 2(g) it provides as under:
“2. Safeguards, conditions and limitations – Refund of CENVAT Credit under rule 5 of the said rules, shall be subjected to the following safeguards, conditions and limitations, namely:-
(a)……………
(b)……………..
(c)……………..
(d)……………..
(e)……………..
(f)………………..
(g) the amount of refund claimed shall not be more than the amount lying in balance at the end

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tter of undertaking, or a service provider who provides an output service which is exported without payment of service tax, shall be allowed refund of CENVAT credit as determined by the following formula subject to procedure, safeguards, conditions and limitations, as may be specified by the Board by notification in the Official Gazette:
Refund amount =
(Export turnover of goods + Export turnover of services)
_______________________
Total turnover
x
Net CENVAT credit
Where,-
(A) “Refund amount” means the maximum refund that is admissible;
(B) “Net CENVAT credit” means total CENVAT credit availed on inputs and input services by the manufacturer or the output service provider reduced by the amount reversed in terms of sub-rule (5C) of rule 3, during the relevant period;
(C) “Export turnover of goods” means the value of final products and intermediate products cleared during the relevant period and exported without payment of Central Excise duty under bond or letter

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ve formula, and definition of net cenvat credit, it is clear that only cenvat credit availed on the inputs and inputs services by the manufacturer or the output service provider should be taken as 'net Cenvat credit'. The only amount which can be reduced is the amount which is reversed in terms of Sub-rule (5C) of Rule 3 during the relevant period. Therefore no amount which was utilized for payment of service tax in respect of domestic provision of service from cenvat amount is required to be reversed as per formula. The net sum will be the centvat credit attributable to export only. Therefore the formula itself taken care to reduce the element of cenvat credit attributable to the service provided in the domestic market, therefore the proposal of the revenue is based on presumption and assumption which has no authority therefore this proposal is also rejected and refund claim cannot be disputed on this count.”
11. In view of the facts and the decision mentioned above, it is clear tha

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CCGST Belapur Versus Reliance Infocomm Infrastructure Ltd.

CCGST Belapur Versus Reliance Infocomm Infrastructure Ltd.
Service Tax
2019 (2) TMI 21 – CESTAT MUMBAI – [2019] 65 G S.T.R. 296 (CESTAT – Mum)
CESTAT MUMBAI – AT
Dated:- 25-1-2019
Appeal No. ST/87380/2018 – A/85193/2019
Service Tax
Dr. Suvendu Kumar Pati, Member (Judicial)
Shri Suresh, AC (AR) for the appellant
Ms. Ginita Badani, Advocate for the respondent
ORDER
Order passed by the Commissioner of CGST & CE, (Appeals), Raigad setting aside the penalty imposed by the adjudicating authority on the respondent under section 77 and 78 of the Finance Act read with 15(3) of Cenvat Credit Rules is assailed by the appellant department before this forum.
2. Factual backdrop of the case, in a nutshell, is that respondent Reliance Infocomm Infrastructure Ltd. was pointed out by the audit team to have availed ineligible cenvat credit of Rs. 23,98,774/- on “business support service” and “renting of immovable property service.” Between the Financial year 2009-10 and 2011

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en to the Commissioner (Appeals) by the respondent who set aside the penalty on all scores. The said order is being challenged here by the appellant department.
3. In the memo of appeal and during course of hearing of the appeal, learned AR for the department submitted that the order passed by the Commissioner (Appeals) is erroneous inasmuch as the finding of which he arrived at such conclusion is illogical. While admitting that show-cause notice does not reveal that proviso to Section 73(1) was invoked for imposition of penalty under section 78 of the Finance Act. Learned AR Shri Suresh submitted that during the corresponding period 2009 to 2012 no such provision in the Finance Act 1994 other than Section 73(1) or Rule 15 of Cenvat Credit Rules 2004 could be pressed into service to make such demand in the show-cause for which Section 73(1) is implicit in the show-cause though not expressly referred inasmuch as Section 15(3) of the Cenvat Credit Rules was invoked in the show-cause not

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proof regarding admissibility of cenvat credit on the assessee and in case of any doubt it could have sought advice from the department and should never have misstated the fact in the ST3 return for which the order of the Commissioner (Appeals) is liable to be set aside.
4. In response to such submissions, though that no Cross objection is field, the learned counsel for the respondent Ms. Ginita Badani submitted that the respondent had received an intimation later from the appellant department on 06.12.2012 intimating the respondent to cooperate in the proper audit to be conducted in its concern and produce relevant documents before it. It also requested that payment of service tax with interest with furtherance of the audit objection by the respondent would help conclude all proceedings and put an end to the litigation. Referring to relevant para of the said audit report produced vide Exhibit A, the learned counsel for the respondent submitted that the respondent was instructed that

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provisions of the Act and circular no. 137/167/2006-CX – IV dated 03.10.2007 clearly stipulates that in such a situation, all proceedings are required to be concluded against the person to whom show-cause is issued under sub section (1) of section 73 if he had paid service tax in full together with interest and penalty, if applicable under sub section (1)(a). She further prayed for affirmation of the order passed by the Commissioner (Appeals).
5. Heard from both sides at length, and gone through the case record and relevant case laws produced by both parties. The grounds on which Commissioner (Appeals) had set aside the order of the first appellate authority are mainly two. First, for differential short payment of service tax, no show-cause notice was issued as appellant had already paid the said tax along with interest; Second, appellant was not issued with show-cause under section 73(1) of the Finance Act for which it has to be presumed that department has accepted the liability un

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admissible and not supported by the Rule except that respondent had accepted the fact of such availment of such credit as inadmissible. Though admissibility or inadmissibility of the credit in respect of renting of immovable property and business support service is a mixed question of fact and law, the same requires no discussion here in view of admission by the respondent except to the extent that there is a difference between compliance of audit report and discharge of duty liability in respect of imposition of tax as per Section 265 of the Constitution of India. Moreover, appellant was given a written promise before commencement of Audit that if any discrepancy in the audit is pointed out and the same is complied with, no further litigation would ensue.
6. When show-cause does not contain the rule violated by the respondent while proposing penalty which Commissioner (Appeals) found from the factual aspect of the case to have been covered under Section 73(2) and held that in such an

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SRI LAKSHMI PRASANNA AGRO PAPER INDUSTRIES LIMITED Versus CCT, VISAKHAPATNAM GST

SRI LAKSHMI PRASANNA AGRO PAPER INDUSTRIES LIMITED Versus CCT, VISAKHAPATNAM GST
Central Excise
2019 (2) TMI 750 – CESTAT HYDERABAD – TMI
CESTAT HYDERABAD – AT
Dated:- 25-1-2019
APPEAL No. E/30483/2018 – A/30110/2019
Central Excise
Mr. P. VENKATA SUBBA RAO, MEMBER (TECHNICAL)
Shri D. Viswanathan, Consultant for the Appellant.
Shri N. Bhanu Kiran, Asst. Commissioner /AR for the Respondent.
ORDER
Per: Mr. P.V. Subba Rao
1. This appeal has been filed against Order-in-Appeal No. VIZ-EXCUS- 002-APP-097-17-18, Dated 21.12.2017. Ld. Consultant appeared for the appellant submits that the issue involved in the present case is that the appellants defaulted in payment of central excise duty during the months of January 2012 and October 2012. They did not pay the amount of duty within 30 days from the due date as required. Accordingly, in terms of Rule 8 (3A) of Central Excise Rules, 2002, they are required to pay duty in respect of clearances after this 30 days grace

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, who vide the impugned order, rejected the appeal and upheld the Order-in-Original. Hence, this appeal.
3. Ld. Counsel submits that the issue in the present appeal is limited to the penalties imposed under the above two rules. A penalty of Rs. 50,000/- was imposed for violating the Rule 8(3A) of Central Excise Rules, 2002. This rule itself has been struck down by Hon'ble High Court of Gujarat in the case of Indsur Global Limited vs. Union of India [2014(12)TMI 585 (Guj.)]. On an appeal by Union of India, this judgment of Hon'ble High Court of Gujarat has been stayed by Hon'ble Supreme Court as reported in [2016(335)ELT A109 (SC)]. However, the judgment of Hon'ble High Court of Gujarat has not been quashed or set aside by Hon'ble Apex Court and only its operation has been stayed. It is his assertion that in such circumstances, the ratio of the judgment would still apply and Rule 8(3A) of Central Excise Rules, 2002 will continue to be inoperative. In support of his argument on this poi

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very small and the same has already been paid with interest.
4. Ld. DR reiterates the findings of the lower authority and argues that the impugned order needs to be upheld.
5. I have considered the arguments on both sides and perused the records. The issue falls in a very narrow compass. As far as the penalty imposed for violation of Rule 8(3A) of Central Excise Rules, 2002 is concerned, I find that Hon'ble High Court of Gujarat has struck down this Rule and the judgment of Hon'ble High Court of Gujarat has been stayed by Hon'ble Supreme Court. The Hon'ble High Court of Delhi in the case of Space Telelink Limited (supra) held that the ratio of the judgment of Hon'ble High Court of Gujarat would still apply notwithstanding the fact that it has been stayed by Hon'ble Apex Court. It has been held that only the operation of the judgment is stayed and not the underlying basis of the judgment itself.
6. In view of the above, I find that the penalty imposed under Rule 25(1)(a) of Central

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M/s. Genus Electrotech Ltd. Versus The Commissioner of GST & CE, Pondycherry

M/s. Genus Electrotech Ltd. Versus The Commissioner of GST & CE, Pondycherry
Central Excise
2019 (2) TMI 847 – CESTAT CHENNAI – TMI
CESTAT CHENNAI – AT
Dated:- 25-1-2019
E/41889/2018 – 40162/2019
Central Excise
Shri P. Dinesha, Member (Judicial)
For the Appellant : Shri J. Shankarraman, Advocate
For the Respondent : Shri L. Nandakumar, AC (AR)
ORDER
The appellant is a manufacturer of 'Electric Table Fans and Domestic Electric Food Mixer' for exclusive supply to the Tamilnadu Government, under Rate Contract. Show Cause Notice (SCN) dated 29.02.2016 reveals that the appellant had taken on rent a godown located at No. 107/3A1C, M.N. Kuppam, Navammal Kappir Village, Kandamangalam, Villupuram, Tamilnadu-605102 where, the

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ce constraint; that the seized goods were not marketable otherwise since the same was manufactured for Tamilnadu Government to be distributed freely as per a scheme of the Government; that the removal of the above goods against the returnable delivery challans was undertaken to facilitate further production at its registered premises, that the contract was for bulk quantity but the supply was effected as per the terms of contract in retail form at each taluk office, etc., but accepted to clear the Central Excise Duty of Rs. 13,83,970/- demanded and also agreed to offer a bank guarantee of Rs. 28,00,000/-.
2. After considering the reply, the adjudicating authority vide Order-in-Original dated 31.03.2017 ordered confiscation of the impugned

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ty of redemption fine with equal penalty is justified on the facts and circumstances involved?
4.2 Undisputedly the electric table fans manufactured by the appellant are specifically manufactured for the Government of Tamilnadu as per the Government Scheme and otherwise, the impugned goods have no marketability and cannot be sold in the open market. The manufactured fans could only be cleared against the orders by Tamilnadu State Civil Supplies Corporation for free distribution under the State Government's scheme and the said fans carried a specific logo. In the light of the above discussion, I find merit in the plea of the assessee that removal from the factory to its godown is not an act of fraud, collusion, suppression etc. to evade pay

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M/s Dharampal Satyapal Ltd. Versus Commissioner of CGST & Central Excise, Noida

M/s Dharampal Satyapal Ltd. Versus Commissioner of CGST & Central Excise, Noida
Central Excise
2019 (3) TMI 175 – CESTAT ALLAHABAD – TMI
CESTAT ALLAHABAD – AT
Dated:- 25-1-2019
APPEAL No. E/70017-70020/2018-EX[SM] – A/70134-70137/2019-SM[BR]
Central Excise
Mr. Anil G. Shakkarwar, Member (Technical)
Shri Kartikeya Narain, Advocate, for Appellant
Shri Gyanendra Kumar Tripathi, Deputy Commissioner (AR), for Respondent
ORDER
Per: Anil G. Shakkarwar
Above stated four appeals are taken together for decision since the same are arising out of common impugned Order-in-Appeal No. NOI/EXCUS/000/APPPL165-168/2014 dated 30/09/2014 passed by Commissioner of Customs, Central Excise & Service Tax (Appeals), Noida.
2. After he

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y was due. I note that learned Counsel for the appellants have submitted a copy of Final Order No. 70221-70231/2018 dated 16.01.2018 which squarely covers the issue. As per the said Final Order the said demand of Rs. 3,91,19,765/- was agitated before this Tribunal in Appeal No. E/789/2011 & E/1001-1006/2010 and the matter was remanded to the Original Authority for fresh consideration by setting aside the Order-in-Original through which said demand was confirmed. I note that as on date there is no confirm demand against the appellants. Therefore, there is no justification in appropriation of above stated amounts. Under those circumstances impugned order does not sustain. I, therefore, set aside the impugned order and allow all the four appea

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GST Return

GST Return
Query (Issue) Started By: – Rafi rafi Dated:- 24-1-2019 Last Reply Date:- 26-1-2019 Goods and Services Tax – GST
Got 4 Replies
GST
Hi Sir,
I had Wrongly Mention the our Export amount in Column 3.1 a instead of 3.1 b in GSTR 3B due to which my export Invoices has not been sent to Icegate for refund. request you to please provide me the solution to rectify and to separate the amount from table 3.1A t table 3.1B in GSTR 3B of Previous month to GSTR 3B of current month.
Pls give reply soon.
Regards
Rafi
Reply By Ganeshan Kalyani:
The Reply:
Reduce the amount in 3.1 (a) table and show the export amount in 3.1 (b) table in current month return.
Reply By KASTURI SETHI:
The Reply:
Once GSTR 3B return is freezed it ca

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Transfer of Manufacturing Unit and accumulated ITC from one state to another

Transfer of Manufacturing Unit and accumulated ITC from one state to another
Query (Issue) Started By: – Vinay Kunte Dated:- 24-1-2019 Last Reply Date:- 13-2-2019 Goods and Services Tax – GST
Got 6 Replies
GST
We have a GST registered Manufacturing Unit in Daman and want to transfer the unit to Maharashtra. We have huge amount of ITC Accumulated due to the high Imports under Excise and also under GST.
What is the way out / procedure to be followed to enable us to transfer the ITC to the new Unit after utilising the ITC for payment of GST Payable on raw materials, finished goods and capital goods are stock transferred to new unit?
Reply By KASTURI SETHI:
The Reply:
Dear Querist, . ITC-02 has to be filled in on Common Portal

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iness is being shifted from 1 state to another under the same ownership (PAN) but to a different Registration as required under GST.
Will the provisions of Rule 41 (1) to 41(4) be applicable in case of the transfer of unit w/o transfer of liability as such under an agreement as there is no change in ownership of the Business?
Please give your valuable guidance in this respect please.
Reply By KASTURI SETHI:
The Reply:
Dear Vinay Ji,
Let me re-examine. I shall revert soon.
Reply By Vinay Kunte:
The Reply:
Dear Mr. Kasturi Sir
Can you guud ne futher in the issue?
Reply By KASTURI SETHI:
The Reply:
Dear Sh.Vinay Kunte Ji,
Pl. refer to your query dated 27.1.19(Serial No.2). When you say it is a transfer to same ownership(PAN is same

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Advance Authorisation

Advance Authorisation
Query (Issue) Started By: – Kumar Kedia Dated:- 24-1-2019 Last Reply Date:- 29-1-2019 Goods and Services Tax – GST
Got 8 Replies
GST
Hi Sir,
I have a query regarding why if imports are made after completing the export obligation then those imports shall be used only in manufacture and supply of taxable goods. What is the intention of government in making such change in Notification 1/2019- CGST?
Thanks
Reply By KASTURI SETHI:
The Reply:
Dear Kedia Ji,
Notification No.1/19-Central Tax dated 15.1.19 has made two changes as under:
(i) Insertion of requirement of a certificate from C.A.
(ii) Omission of words, "on pre-import basis" in the Explanation given in Notification No.48/2017- CT dated 18.10.17.
The condition of producing a certificate from C.A. to the effect that inputs imported under Advance Authorisation have been used only in the manufacture and supply of taxable goods, was already in force vide Para No.4.16 of Foreign Trade P

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eted.
(ii) In case where CENVAT credit facility on input has been availed for the exported goods, even after completion of export obligation, the goods imported against such Advance Authorisation shall be utilized only in the manufacture of dutiable goods whether within the same factory or outside (by a supporting manufacturer). For this, the Authorisation holder shall produce a certificate from either the jurisdictional Central Excise Authority or Chartered Accountant, at the option of the exporter, at the time of filing application for Export Obligation Discharge Certificate to Regional Authority concerned.
6[4.14: Details of Duties exempted (FTP 2015-20)
Imports under Advance Authorisation are exempted from payment of Basic Customs Duty, Additional Customs Duty, Education Cess, Anti-dumping Duty, Countervailing Duty, Safeguard Duty, Transition Product Specific Safeguard Duty, wherever applicable. Import against supplies covered under paragraph 7.02 (c), (d) and (g) of FTP will no

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ly:
Dear Querist,
I do not agree with you. This is not the situation.
In the changed scenario, export obligation has to be completed first and thereafter, material is to be imported free of tax under Advance Authorization. Prior to 15.1.19, situation was contra. In my reply dated 27.1.19, I have detailed of Customs duties/taxes for which exemption is being availed under Advance Authorisation.
Though export is zero rated, yet exported goods are treated as duty paid goods for the purpose of availment of ITC. No ITC is required to be reversed in respect of inputs used in the manufacture of exported goods. Duty/Tax paid on finished goods, if paid, is also refunded by way of refund/rebate. So many other benefits have also been provided in respect of exportation. After availing these benefits, Govt. intends to tax the goods manufactured out of those materials/inputs which are to be imported free of Customs duties including IGST and Compensation Cess (mentioned above in reply dated 2

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obligation.
Authorisation holder will have option to dispose of product manufactured out of duty free input once export obligation is completed.
Goods imported against such Advance Authorisation shall be utilized only in the manufacture of dutiable goods whether within the same factory or outside (by a supporting manufacturer like Job worker).
Waste / Scrap arising out of manufacturing process, as allowed, can be disposed off on payment of applicable duty even before fulfilment of export obligation
Reply By Kumar Kedia:
The Reply:
Dear Sirs,
Thank you for your replies I agree with the fact that after completion of export obligation if any inputs are imported same shall be used in taxable goods and cannot be transferred but I am extremely sorry that I am not able to understand that :-
In notification 1/2019 or even in pre-GST era as stated in the proviso:-
“Provided that goods so supplied, when exports have already been made after availing input tax credit on inputs used in manu

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Applicablity of Rental Service provided to a Transit good which was originated at Japan, store for temporary period at Indian port and again re exported to Dubai

Applicablity of Rental Service provided to a Transit good which was originated at Japan, store for temporary period at Indian port and again re exported to Dubai
Query (Issue) Started By: – Surendra Prasad Dated:- 24-1-2019 Last Reply Date:- 27-1-2019 Goods and Services Tax – GST
Got 9 Replies
GST
Dear Sir/Madam,
In regard to subject kindly guide whether GST is applicable or not.
Fact of transaction We ,are a bonded warehouse located at Kandla Port.
One of our client a foreign company, Dubai based imported Chemical from Japan and store at our bonded warehouse at Kandla port , we enter into rental agreement for storing his chemical at Kandla.
The said chemical was store for period of one month. The same chemical parcel was re-exported to Dubai by the foreign cl ient without entering home market
Now we are billing to foreign client for rental service for the storage of parcel. Now question arises whether such type of service provided at Indian port bonded warehouse GST

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ai. From Bonded ware house at Kandla port, it was reexported to another country( UAE) Dubai.I am the owner of Bonded Warehouse . I have to collect the storage charges.
Whether service provided by bonded ware house at Indian port to Dubai based company is liable to GST ? or since good doesnot enter India GST is not leviable on the services provided? or if applicable whether C+Sgst or IGST.
Please guide.
Reply By KASTURI SETHI:
The Reply:
Dear Sh.Prasad Ji, I have posted the case law in order to understand the situation. This case law is not fully applicable to the situation explained by you. In my view, this situation consists of two components . 1.Supply of service 2 Supply of goods for re-export. In the first situation, you have provided/supplied rewarehousing services (rental) and charged the amount (consideration) for one month. In this instance, place of supply is in taxable territory (India) and within same State. It is not export of service. Hence CGST and SGST payable. Re-ex

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y, therefore, question relating to goods does not arises.
Moreover, in respect of query, the renting of immovable property (ware housing service) is very well covered by the Section 13 (4) of IGST Act, 2017, as location of immovable property is India (as per the definition “India” includes territorial water), therefore, although immovable property is as Customs Area, As rightly viewed by Sh. Kasturiji Sir, CGST + SGST is applicable for the services rendered.
Any different view is highly solicited.
Thanks,
With regards,
Reply By Surendra Prasad:
The Reply:
In regards to above subject , had instead of renting of immovable property( ware housing services), our service fall under cargo handling service , i.e we store at bonded ware house chemical , we provide heating on chemical while storage for the chemical , we provide security also., we have taken insurance for product also.
Had there will be any change from GST applicablity if we are providing cargo handling services at our T

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GST on FOC Supply

GST on FOC Supply
Query (Issue) Started By: – Kaustubh Karandikar Dated:- 24-1-2019 Last Reply Date:- 26-1-2019 Goods and Services Tax – GST
Got 3 Replies
GST
XYZ(Manufacturer) supplying goods to customers on payment of GST. Subsequently, goods are supplied on FOC basis, 1) During warranty period if found defective or damaged or 2) After warranty period if found defective, damaged or short supplied. a) Whether XYZ is required to pay GST on goods supplied on FOC basis under both the situations i.e. before and after warranty period? b) How to arrive at the value for FOC supply c) Whether proportionate ITC is required to be reversed if GST is not required to be paid on FOC supply?
Reply By KASTURI SETHI:
The Reply:
Dear Sir,
Th

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ncludes the charges to be incurred during the warranty period. Therefore, the supplier who has undertaken the warranty replacement is not required to reverse the input tax credit on the parts/components replaced.
Reply By Ganeshan Kalyani:
The Reply:
The replacement of parts during warranty period is a free supply. Warranty is a written guarantee, issued to the purchaser of goods by its manufacturer, promising to repair or replace it if necessary within a specified period of time. If the goods are supplied with warranty, the consideration received as part of supply includes the consideration for “the promise to repair or replace”. Since the parts are provided to a customer without consideration under warranty no GST is chargeable on such

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UNIBIC FOODS INDIA PVT. LTD. Versus ASSISTANT SALES TAX OFFICER SUVEILLANCE SQUAD NO. XVI, STATE GST DEPARTMENT, WAYANAD

UNIBIC FOODS INDIA PVT. LTD. Versus ASSISTANT SALES TAX OFFICER SUVEILLANCE SQUAD NO. XVI, STATE GST DEPARTMENT, WAYANAD
GST
2019 (1) TMI 1486 – KERALA HIGH COURT – TMI
KERALA HIGH COURT – HC
Dated:- 24-1-2019
WP(C) 1843/2019, WP(C). 1847/2019
GST
MR DAMA SESHADRI NAIDU, J.
For The Petitioner (s) : ADVS. SRI. ANIL D. NAIR SMT. ARYA ANIL SHRI. GOKULRAJ L. SMT. NILOOFAR O. NIZAM AND SRI. SREEJITH R. NAIR
For The Respondent (s) : GP DR. THUSHARA JAMES
JUDGMENT
The petitio

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Tvl. RK Motors Versus State Tax Officer

Tvl. RK Motors Versus State Tax Officer
GST
2019 (2) TMI 125 – MADRAS HIGH COURT – 2019 (23) G. S. T. L. 178 (Mad.)
MADRAS HIGH COURT – HC
Dated:- 24-1-2019
W. P. (MD)No. 1287 of 2019 And W. M. P. (MD)No. 1098 of 2019
GST
Mr. Justice G.R. Swaminathan
For the Petitioner : Mr.A.Chandrasekaran
For the Respondent : Mr.Aayiram K.Selvakumar Additional Government Pleader
ORDER
Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondent.
2. Mr.A.Valivittan, DCTO (Sattur Road) Roving Squad, O/o.The Assistant Commissioner (ST) (Enforcement), Virudhunagar is present and assisted this Court today.
3. By consent of both parties, this writ petition is taken up for disposal at the stage of admission itself.
4. The writ petitioner is an authorised dealer for Bajaj Auto Limited. They are dealing in two wheelers. They have registered themselves as an assessee under the Goods and Service Tax Act, 2017

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6,000/- had been levied as a penalty. The vehicle has also been seized and detained. Unless the writ petitioner remitted the said penalty amount, it has been made clear that the goods as well as the vehicle would not be released. It has been further made clear that the goods would be liable for confiscation and further proceedings under Section 130 of the Tamil Nadu Goods and Services Tax Act, 2017 would be taken. Hence, this writ petition has been filed questioning the detention order dated 28.12.2018 and the order dated 11.01.2019 passed under Section 129(3) of the Tamil Nadu Goods and Services Tax Act, 2017.
5. The respondent official would submit that the vehicle ought to have halted at Virudhunagar and the goods carried in the vehicle should have been offloaded in the branch office of the writ petitioner at Virudhunagar. But, the vehicle did not stop at Virudhunagar, instead, it moved towards Sivakasi. Only when the vehicle had travelled a distance of 7 km away from Virudhunagar,

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The driver, who drove the vehicle in question is not a Tamilian. His name is Badrinath Bhandari. He hails from Maharashtra.
8. The learned counsel appearing for the writ petitioner states that the said driver knows neither English nor Tamil. He knows only Marathi and Hindi.
9. The specific stand taken by the writ petitioner is that the driver without knowing the correct route had taken a wrong turn and headed towards Sivakasi.
10. It is also not in dispute that the bill is addressed only to the writ petitioner's principal office at Sivakasi; delivery alone is to be made at Virudhunagar. I am of the view that even if by mistake, a wrong instruction had been given to the driver of the vehicle to head towards Sivakasi. Still it would not really matter. The only question that the respondent ought to have posed is whether there is any attempt at evasion. It is not as if the goods had already been offloaded. The vehicle was intercepted when it was in transit. The respondent ought to h

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he said circular contemplates levy of only a minor fine of Rs. 500/-.
12. As rightly pointed out by the learned counsel appearing for the writ petitioner, the goods in question are two wheelers. They cannot be sold without proper registration with the Motor Vehicle Authorities. That would require proper documentation. Therefore, in a case of this nature, the writ petitioner could not have evaded his statutory obligations in any manner. This aspect of the matter ought to have been taken note by the respondent.
13. The learned counsel appearing for the writ petitioner submits that the writ petitioner would pay a sum of Rs. 5,000/- as fine to the respondent.
14. The above submission of the learned counsel appearing for the writ petitioner is recorded. By directing the writ petitioner to pay a sum of Rs. 5,000/- [Rupees Five Thousand only] towards fine to the respondent, the orders impugned in this writ petition stands quashed. The respondent shall forthwith release the vehicle as well

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Cannon Industries Pvt. Ltd. and others Versus Commissioner of Goods And Service Tax, Ludhiana

Cannon Industries Pvt. Ltd. and others Versus Commissioner of Goods And Service Tax, Ludhiana
GST
2019 (2) TMI 298 – PUNJAB AND HARYANA HIGH COURT – TMI
PUNJAB AND HARYANA HIGH COURT – HC
Dated:- 24-1-2019
CWP-1974-2019
GST
MR AJAY KUMAR MITTAL AND MRS MANJARI NEHRU KAUL, JJ.
For The Petitioners : Mr. Alok Yadav, Advocate with Mr. Shantanu Bansal, Advocate
ORDER
AJAY KUMAR MITTAL, J (ORAL)
The petitioners inter alia have approached this Court under Articles 226/227 of

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M/s. Global Associates Versus Union of India Ministry of Finance,

M/s. Global Associates Versus Union of India Ministry of Finance,
GST
2019 (2) TMI 388 – KARNATAKA HIGH COURT – [2019] 69 G S.T.R. 161 (Kar)
KARNATAKA HIGH COURT – HC
Dated:- 24-1-2019
WRIT PETITION Nos. 56586 – 56588/2018 (T-TAR)
GST
MRS. S. SUJATHA J.
PETITIONER [BY SRI V. RAGHURAMAN, ADV.]  
RESPONDENTS [BY SRI AMIT DESHPANDE, SENIOR STANDING COUNSEL FOR R-1 & R-3; SRI T.K.VEDAMURTHY, AGA FOR R-2, R-4 & R-5.)  
O R D E R
The petitioner is claiming the following reliefs in the writ petition filed under Articles 226 and 227 of the Constitution of India:-
(A) Writ of declaration or any other appropriate writ, order or direction to declare entry 5(b) of Schedule II to the GST Act, 2017 (enclosed as Annexure-A) as unconstitutional being violative of Article 366(29A) of the Constitution.
(B) Writ of declaration or any other appropriate writ, order or direction to declare entry 5(b) of Schedule II to the CGST Act, 2017 (enclosed as Annexure-A) being

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towards the transfer of land/undivided share in the land;
(E) Writ of certiorari or any other appropriate writ, order or direction to quash the clarification dated 09.01.2018 enclosed in Annexure-C issued by the respondent No.3 as ultra vires and beyond the provisions of CGST Act, 2017 and as being violative of Articles 14 and 19(1)(g) of the Constitution of India and are therefore illegal, ultra vires and unenforceable.
2. Learned AGA appearing for the revenue has raised the preliminary objection regarding the maintainability of the writ petition. It was contended that no cause of action has emerged to the petitioner to challenge the vires of the statutory provisions as well as the Notification and Circular issued by the competent authorities. This court cannot adjudicate upon the correctness and legality of the Notification and Circular as well as the provisions impugned, in vacuum.
3. Learned AGA placed reliance on the judgment of the Hon'ble Apex Court reported in (2004)6 SCC 2

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e provisions of the Act, and the Notification and Circular issued by the respondent authorities have been challenged without there being any cause of action.
7. To answer the preliminary objections raised, it is apt to collate the legal propositions holding the field with reference to the judgments cited by the learned counsel for the parties. The Hon'ble Apex Court in the case of Kusum Ingots (supra), has observed that passing of a legislation by itself does not confer any such right to file the writ petition unless a cause of action arises therefor. However, it is observed that a distinction between a legislation and executive action should be borne in mind while determining the said question. A writ Court would not determine a constitutional question in a vacuum.
8. In Ambica Industries Vs Commissioner of Central Excise reported in (2007) 6 SCC 769 = 2007 (5) TMI 21 – SUPREME COURT OF INDIA, the Hon'ble Apex Court considering the case of Nasiruddin (Nasiruddin Vs. State Transport

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7 – CALCUTTA HIGH COURT, the High Court of Calcutta held that the issue as to whether the fundamental right of a doctor to carry on practice in medical profession stands violated by the provisions of the West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act of 2017 or not is required to be considered. It is observed that the petitioners therein have canvassed a point of view which makes out a case to go to trial. Therefore, the petition discloses a cause of action.  
11. In Torrent Power Limited Vs. Union of India reported in 2019-TIOL-15-HC-AHM-GST = 2019 (1) TMI 1092 – GUJARAT HIGH COURT on which much emphasis was placed by the learned counsel for the petitioner, the Hon'ble High Court of Gujarat was considering the challenge made to summons issued based upon clarificatory circular, the subject matter of challenge in the writ petition. The contention that the challenge made to the summons is not maintainable was negated for the reason that the summ

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e of action has emerged.
13. In Kshama Sahakari Avas Samiti Limited Vs. State of U.P. 2006 SCC Online All 1443 = 2006 (8) TMI 663 – ALLAHABAD HIGH COURT, the High Court of Allahabad dealing with the preliminary objection raised that the petition is premature and is not maintainable with respect to the challenge to the Notification issued under Section 4 of the Act, 1994, observed that even though the Notification issued under Section 4 of the Act is merely a proposal and is not a conclusive proof of acquisition, the Court may exercise its extra ordinary jurisdiction under Article 226 of the Constitution of India to quash the same if the Notification is per se illegal. The said judgment dealing with the provisions of the Land Acquisition Act, where the lands and the respective land owners are identified as aforesaid, would not be of any assistance to the petitioner while dealing with the taxing statute.
14. In the case of Star India Private Limited Vs. Department of Industrial Policy

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fected by the action initiated by the executive in furtherance of such legislation/administrative Circular/Notification more particularly, in taxing statutes. Cause of action is sine qua non for challenging such legislation/ Notification/Circular. The writ Court cannot adjudicate upon such matters in vacuum. Adjudication of such issues sans any cause of action would be merely academic, consuming public time de hors the litigants waiting in serpentine queue seeking justice before the courts for the relief/s sought for, arising out of the cause of action. The petitioner involved in construction activity or works contract would not be suffice to examine the constitutional vires of the Act and the related Notification/Circular unless the cause of action emerges.
For the aforesaid discussion and observations, this Court is of the considered view that the writ petitions at this stage are premature and deserve to be dismissed as not maintainable. Ordered accordingly.'
Case laws, Deci

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M/s. Ravago Shah Polymers Pvt. Limited Versus The Union of India Represented By Its Secretary Minist

M/s. Ravago Shah Polymers Pvt. Limited Versus The Union of India Represented By Its Secretary Minist
GST
2019 (2) TMI 461 – KARNATAKA HIGH COURT – TMI
KARNATAKA HIGH COURT – HC
Dated:- 24-1-2019
WRIT PETITION No. 527/2019 (T-RES)
GST
MRS. S. SUJATHA J.
PETITIONERS (BY SRI R DAKSHINA MURTHY, ADV. FOR SRI RAVI SHANKAR K S, ADV.)  
RESPONDENTS (BY SRI T K VEDAMURTHY, AGA. FOR R2-4)
ORDER
The petitioners have assailed the communication/representation dated 27.06.2018 issued by respondent No.6 inter alia seeking a direction to respondent No.6 to act on the representation of the petitioner dated 6.03.2018 at Annexure G to the writ petition and sought for other consequential reliefs.
2. The petitioners claiming to b

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mendations of the counsel, can extend the date for submitting the Form in GST Tran-1 by a further period not beyond March 2019 in respect of registered persons, who could not submit the said declaration on the common portal and the notification issued by the Commissioner dated 17th September 2018 extending the period for submitting the Form GST Tran-1 till 31.01.2019 for the class of registered persons, who could not submit the Form / declaration by the due date on account of the technical defect on the common portal, the writ petition does not survive for consideration and is rendered infructuous.
4. The petitioners are at liberty to avail the benefit of the notification issued by the Commissioner dated 17th September 2018.
5. Hence the

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M/s. TRANSASIA BIO MEDICALS LTD.,. DHANESH,. COOKING SYSTEMS,. M/s. SMS RUBBERS,. INTECH INTERIOR CONTRACTORS PVT LTD,. KERALA ELECTRICAL AND ALLIED ENGINEERING COMPANY LTD.,. NASIMON. B,. INDIRA DEVI A. V.,. AJAYAKUMAR P.A AND OTHERS Versus STA

M/s. TRANSASIA BIO MEDICALS LTD.,. DHANESH,. COOKING SYSTEMS,. M/s. SMS RUBBERS,. INTECH INTERIOR CONTRACTORS PVT LTD,. KERALA ELECTRICAL AND ALLIED ENGINEERING COMPANY LTD.,. NASIMON. B,. INDIRA DEVI A. V.,. AJAYAKUMAR P.A AND OTHERS Versus STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,. THIRUVANANTHAPURAM,. THE COMMISSIONER STATE GOODS AND SERVICE TAX,. THIRUVANANTHAPURAM,. ASSISTANT COMMISSIONER (ASSESSMENT) COMMERCIAL TAXES, SPECIAL CIRCLE-1, ERNAKULAM AND INSPECTING ASSISTANT COMMISSIONER COMMERCIAL TAXES,. ERNAKULAM
GST
2019 (2) TMI 462 – KERALA HIGH COURT – TMI
KERALA HIGH COURT – HC
Dated:- 24-1-2019
WP(C) 33021/2018 , WP(C). 33230/2018 , . WP(C). 33424/2018, . WP(C). 33427/2018, . WP(C). 33628/2018, . WP(C).

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M/s HSIL Limited Versus Commissioner of GST & Central Excise, Hyderabad

M/s HSIL Limited Versus Commissioner of GST & Central Excise, Hyderabad
Central Excise
2019 (2) TMI 846 – CESTAT HYDERABAD – TMI
CESTAT HYDERABAD – AT
Dated:- 24-1-2019
Appeal No. E/30340/2018 – A/30149/2019
Central Excise
Mr. P. VENKATA SUBBA RAO, MEMBER (TECHNICAL)
Smt Swetha, Advocate for the Appellant.
Shri AVLN Chary, Superintendent (AR) for the Respondent.
ORDER
Per: P. Venkata Subba Rao
This appeal has been filed by the appellant against Order-in-Appeal No. HYD-EXCUS-MD-AP2-0171-17-18 dated 05.01.2018.
2. Facts of the case, in brief, are that the appellant manufactures empty glass bottles and is registered with the Central Excise Department and also avails CENVAT credit on the inputs and the capital goods which they received. During the relevant period Rule 3(5B) of the CCR, 2004 required that “if the value of any, input or capital goods before being put to use, on which CENVAT credit has been taken is written off fully or partially has been made i

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2004 read with Section 11A of Central Excise Act. It was also proposed to charge interest on duty demanded from them under Section 11AA of Central Excise Act, read with Rule 14(1)(ii) of CCR, 2004. Further, it was proposed to imposed penalty in terms of Rule 15(2) of CCR, 2004 read with Section 11AC.
3. After following due process of law, the lower authority confirmed the demand along with interest and imposed penalties. Aggrieved, the appellant appealed before the First Appellate Authority who upheld the Order-in-Original recording his findings as follows:
“12. It is therefore clear that the demand set aside by the Hon'ble High Court in that case is open for the department for demand of reversal of Cenvat credit in the current circumstances. The relevant Rule 3(5B) of the CENVAT Credit Rules, 2004 inserted vide Notification dated 11.05.2007 is in its current form (and as applicable to the present case) is as under:
“if the value of any,
(i) Input, or
(ii) Capital goods before

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f Ingersoll prior to amendment of the Rule 3 (5B) are not to any avail to the appellant in the instant case. The appellants therefore are liable to pay the duty at time of write-down the inputs/capital goods under intimation to the department as discussed by the adjudicating authority in the impugned order at para No. 17 and they can take credit as and when they reuse the goods for manufacture further.
13. The appellant also submitted in the grounds of appeal that the goods were put into use for further manufacture for the manufacture and production of the empty glass bottles. They claim that the entitlement of the credit on subsequent use of the inputs makes the demand revenue neutral. They have cited cases in their support. From a perusal of the records, it is observed that the appellant apart from submitting before the Adjudicating Authority and before me in their grounds of appeal, have not provided conclusive proof that they had utilised the inputs under consideration for furthe

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department only after verification of records. Therefore the finding of the Adjudicating Authority that it was only on the audit of the accounts of the appellant that brought out the discrepancy culminating in the demand is cogent and the plea of the appellant that the charges of suppression are not applicable on this ground is not accepted. I therefore uphold the findings in para 19(iii) of the impugned order.”
4. Learned Counsel for the appellant submits that it is true that they have written off the goods in question as was required as per accounting standard. It is also true that they have not reversed the CENVAT credit under Section 3(5B). However, subsequent to taking credit, they have used some of the inputs/capital goods which were originally written off and produce a few of such examples. She fairly submits that they had not produced any evidence before the First Appellate Authority at the time of hearing which resulted in rejection of their claim and upholding of the Order-

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ms after writing off, they cannot escape from Rule 3(5B). This amounts to undue financial accommodation. He draws the attention of the Bench to the Board Circular No. 645/36/2002-CX dated 16.07.2012 and CBEC Circular No. 101/12/95- CX dated 22.02.1995. He prays that the appeal may be rejected and Order-in-Appeal may be upheld.
6. I have considered the arguments on both sides and perused the records, that there cannot be two opinions that the appellant had required to pay the amount equivalent to the CENVAT credit availed as soon as the inputs/capital goods written off by them and they did not. If they had used some or all materials from which they had reverse the CENVAT credit subsequently there could have taken credit of such amount as per the proviso. Therefore, there is no infirmity in the lower authority confirming the demand and the First Appellate Authority upholding the demand along with interest and penalties. However, the appellant now submits that they have documents to show

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Waived for return in FORM GSTR-3B for the months of July, 2017 to September, 2018

Waived for return in FORM GSTR-3B for the months of July, 2017 to September, 2018
S.O. No. 18 – 76/2018 – State Tax Dated:- 24-1-2019 Jharkhand SGST
GST – States
Jharkhand SGST
Jharkhand SGST
COMMERCIAL TAXES DEPARTMENT
Notification
24th January, 2019
Notification No. 76/2018 – State Tax
S.O. No. 18 Dated- 24th January, 2019 In exercise of the powers conferred by section 128 of the Jharkhand Goods and Services Tax Act, 2017 (12 of 2017)(hereafter in this notification referred to as the said Act), the Government of Jharkhand, on the recommendations of the Council, and in supersession of the notification of the Government of Jharkhand in the Commercial Taxes Department S.O. No. 77 – State Tax, dated the 13th September, 20

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amount of twenty-five rupees for every day during which such failure continues:
Provided that where the total amount of state tax payable in the said return is nil, the amount of late fee payable by such registered person for failure to furnish the said return for the month of July, 2017 onwards by the due date under section 47 of the said Act shall stand waived to the extent which is in excess of an amount of ten rupees for every day during which such failure continues:
Provided further that the amount of late fee payable under section 47 of the said Act shall stand waived for the registered persons who failed to furnish the return in FORM GSTR-3B for the months of July, 2017 to September, 2018 by the due date but furnishes the said retu

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Extension of the due date for filing of FORM GSTR – 7 for the months of October, 2018 to December, 2018 till 31/01/2019

Extension of the due date for filing of FORM GSTR – 7 for the months of October, 2018 to December, 2018 till 31/01/2019
S.O. No. 9 – 66/2018 – State Tax Dated:- 24-1-2019 Jharkhand SGST
GST – States
Jharkhand SGST
Jharkhand SGST
COMMERCIAL TAXES DEPARTMENT
Notification
24th January, 2019
Notification No. 66/2018 – State Tax
S.O. No. 9 Dated- 24th January, 2019 In exercise of the powers conferred by sub-section (6) of section 39 read with section 168 of the Jharkhand Goods

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Jharkhand Goods and Services Tax (Fourteenth Amendment) Rules, 2018

Jharkhand Goods and Services Tax (Fourteenth Amendment) Rules, 2018
S.O. No. 16 – 74/2018 – State Tax Dated:- 24-1-2019 Jharkhand SGST
GST – States
Jharkhand SGST
Jharkhand SGST
COMMERCIAL TAXES DEPARTMENT
Notification
24th January, 2019
Notification No. 74/2018 – State Tax
S.O. No. 16 Dated- 24th January, 2019 In exercise of the powers conferred by section 164 of the Jharkhand Goods and Services Tax Act, 2017 (12 of 2017), the Government of Jharkhand hereby makes the following rules further to amend the Jharkhand Goods and Services Tax Rules, 2017, namely:-
1. (1) These rules may be called the Jharkhand Goods and Services Tax (Fourteenth Amendment) Rules, 2018.
(2) Save as otherwise provided in these rules, they shall be deemed to be effective from 31st December, 2018.
2. In the Jharkhand Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), in rule 12, after sub-rule (1), the following sub-rule shall be inserted, namely:-
“(1A) A p

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oviso, 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 (21 of 2000).”.
6. In the said rules, 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 (21 of 2000).”.
(b) in sub-rule (4), 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 ticket in accordance with the prov

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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.”.
11. In the said rules, 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 Government of Jharkhand, Commercial Taxes Department, notification No. 56/2018-State Tax, dated the 6th November, 2018, published in the Gazette of Jharkhand, Extraordinary, vide S.O. No. 80, dated the 6th November, 2018 as amended from time to time.”
12. In the said rules, 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-r

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sonable opportunity of being heard:
Provided also that the permission granted or rejected by the Commissioner of State tax shall be deemed to be granted or, rejected by the Commissioner.
Explanation:- For the purposes of this rule, the expression “Commissioner” shall mean the jurisdictional Commissioner in respect of the persons specified in clauses (a) and (b).”.
13. In the said rules in rule 142, in sub-rule (5), after the words “section 74”, the words “or sub-section (12) of section 75” shall be inserted.
14. In the said rules, 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
Penalt

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been issued (tax paid 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

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tax period for which 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

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;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. 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 CGST 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

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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
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
Adjust

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ess
Place of Supply
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

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of IGST shall not 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

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d Claimed (Rs.)
Act
Tax
Interest
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 subseque

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und claim.
Signature
Name –
Designation / 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 th

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rm and declare that the information 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

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[rule 89(2)(b) and 89(2)(c)]
Refund 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 Int

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(issued in pursuance of sections 77(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
.”
16. 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 Det

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bove (+)
K
Supplies / tax declared 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

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ther than B above) under the 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 availe

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ss
1
2
3
4
5
6
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 Valu

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.
Place
Signatory
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 instruc

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has been paid shall 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 re

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lared here. Table 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

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llows:
Table No.
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 s

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ut service distributor 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,

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ived from SEZs) 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-

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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
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

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nd will include 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

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ose inward supplies 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.”.
17. 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
Tu

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rest
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
Int

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esignation / 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 follow

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RM 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 furnish

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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 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 i

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dit notes) for the financial year
Description
Taxable Value
Central Tax
State Tax / UT Tax
Integrate d Tax
Cess
1
2
3
4
5
6
A
Inward supplies liable to reverse charge received from registered persons
B
Inward supplies liable to reverse charge received from unregistered persons
C
Import of services
D
Net Tax Payable on (A), (B) and (C) above
8
Details of other inward supplies for the financial year
A
Inward supplies from registered persons (other than 7A above)
B
Import of Goods
Pt. III
Details of tax paid as declared in returns filed during the financial year
9
Description
Total tax payable
Paid
1
2
3
Integrated Tax
Central Tax
State/UT Tax
Cess
Interest
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

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rsed or availed
Description
Central Tax
State Tax / UT Tax
Integrated Tax
Cess
1
2
3
4
5
A
Credit reversed on opting in the composition scheme (-)
B
Credit availed on opting out of the composition scheme (+)
17
Late fee payable and paid
Description
Payable
Paid
1
2
3
A
Central Tax
B
State Tax
Verification:
I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed there from and in case of any reduction in output tax liability the benefit thereof has been/will be passed on to the recipient of supply.
Place
Date
Signature
Name of Authorised Signatory
Designation / 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 declar

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e of exempted, Nil Rated and Non-GST supplies shall be declared here.
7A
Aggregate value of all inward supplies received from registered persons on which tax is payable on reverse charge basis shall be declared here. Table 4B, Table 5 and Table 8A of FORM GSTR-4 may be used for filling up these details.
7B
Aggregate value of 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. Table 4C, Table 5 and Table 8A of FORM GSTR-4 may be used for filling up these details.
7C
Aggregate value of all services imported during the financial year shall be declared here. Table 4D and Table 5 of FORM 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 g

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etails of other information. The instruction to fill Part V are as follows:
Table No.
Instructions
15A, 15B, 15C and 15D
Aggregate value of refunds claimed, sanctioned, rejected and pending for processing shall be declared here. Refund claimed will be the aggregate value of all the refund claims filed in the financial year and will include 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 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

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M GSTR-9C
See rule 80(3)
PART – A – Reconciliation Statement
Pt. I
Basic Details
1
Financial Year
2
GSTIN
3A
Legal Name
< Auto>
3B
Trade Name (if any)
4
Are you liable to audit under any Act?
<< Please specify >>
(Amount in Rs.in all tables)
Pt. II
Reconciliation of turnover declared in audited Annual Financial Statement with turnover declared in Annual Return (GSTR9)
5
Reconciliation of Gross Turnover
A
Turnover (including exports) as per audited financial statements for the State / UT (For multi-GSTIN units under same PAN the turnover shall be derived from the audited Annual Financial Statement)
B
Unbilled revenue at the beginning of Financial Year
(+)
C
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

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Value of Exempted, Nil Rated, Non-GST supplies, No-Supply turnover
C
D
E
F
Zero rated supplies without payment of tax
Supplies on which tax is to be paid by the recipient on reverse charge basis
Taxable turnover as per adjustments above (A-B-C-D)
Taxable turnover as per liability declared in Annual Return (GSTR9)
G
Unreconciled taxable turnover (F-E)
AT 2
8
Reasons for Un – Reconciled difference in taxable turnover
A B C
Reason 1
<< Text >>
Reason 2
<< Text >>
Reason 3
<< Text >>
Pt. III
Reconciliation of tax paid
9
Reconciliation of rate wise liability and amount payable thereon
Tax payable
Description
Taxable Value
Central tax
State 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

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ITC claimed in Annual Return (GSTR9)
F
Un-reconciled ITC
ITC 1
13
Reasons for un-reconciled difference in ITC
A
Reason 1
<>
B
Reason 2
<>
C
Reason 3
<>
14
Reconciliation of ITC declared in Annual Return (GSTR9) with ITC availed on expenses as per audited Annual Financial Statement or books of account
Description
Value
Amount of Total ITC
Amount of eligible ITC availed
1
2
3
4
A
Purchases
B
Freight / Carriage
C
Power and Fuel
D
Imported goods (Including received from SEZs)
E
Rent and Insurance
F
Goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples
G
Royalties
H
Employees' Cost (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

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concealed there from.
**(Signature and stamp/Seal of the Auditor)
Place: ……………
Name of the signatory …………………
Membership No………………
Date: ……………
Full address ………………………
Verification of registered person:
I hereby solemnly affirm and declare that I am uploading the reconciliation statement in FORM GSTR-9C prepared and duly signed by the Auditor and nothing has been tampered or altered by me in the statement. I am also uploading other 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 a

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ir GSTIN wise turnover and declare the same here. This shall include export turnover (if any). 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.
5B
Unbilled revenue which was recorded in the books of accounts on the basis of accrual system of accounting in the last financial year and was carried forward to the current financial year shall be declared here. In other words, when GST is payable during the financial year on such revenue (which was recognized earlier), the value of such revenue shall be declared here. (For example, 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

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same financial year shall be declared here.
5I
Value of all advances for which GST has not been paid but the same has been recognized as revenue in the audited Annual Financial Statement shall be declared here.
5J
Aggregate value of credit notes which have been accounted for in the audited Annual Financial Statement but were not admissible under Section 34 of the CGST Act shall be declared here.
5K
Aggregate value of all goods supplied by SEZs to DTA units for which the DTA units have filed bill of entry shall be declared here.
5L
There may be cases where registered persons might have opted out of the composition scheme during the current financial 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 valu

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clared in the Annual Return (GSTR 9) shall be specified here.
7
The table provides for reconciliation of taxable turnover from the audited annual turnover after adjustments with the taxable turnover declared in annual return (GSTR-9).
7A
Annual turnover as derived in Table 5P above would be auto-populated here.
7B
Value of exempted, nil rated, non-GST and no-supply turnover shall be declared here. This shall be reported net of credit notes, debit notes and amendments if any.
7C
Value of zero rated supplies (including supplies to SEZs) on which tax is not paid shall be declared here. This shall be reported net of credit notes, debit notes and 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 su

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otal amount to be paid as per liability declared in Table 9A to 9O is auto populated here.
9Q
The amount payable as declared in Table 9 of the Annual Return (GSTR9) shall be declared here. It should also contain any differential tax paid on Table 10 or 11 of the Annual Return (GSTR9).
10
Reasons for non-reconciliation between payable / liability declared in Table 9P above and the amount payable in Table 9Q shall be specified here.
11
Any amount which is payable due to reasons specified under Table 6, 8 and 10 above shall be declared here.
6. Part IV consists of reconciliation of Input Tax Credit (ITC). The instructions to fill Part IV are as 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 i

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Net ITC available for utilization as declared in Table 7J of Annual Return (GSTR9) shall be declared here.
13
Reasons for non-reconciliation of ITC as per audited Annual Financial Statement or books of account (Table 12D) and the net ITC (Table12E) availed in the Annual Return (GSTR9) shall be specified here.
14
This table is for reconciliation of ITC declared in the Annual Return (GSTR9) against the expenses booked in the audited Annual Financial Statement or books of account. The various sub-heads specified under this table are general expenses in the audited Annual Financial Statement or books of account on which ITC may or may not be available. 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

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ers shall be given an option to pay any additional liability declared in this form, through FORM DRC-03. Taxpayers shall select “Reconciliation Statement‖ in the drop down provided in FORM DRC-03. It may be noted that such liability shall be paid through electronic cash ledger only.
PART – B- CERTIFICATION
I. Certification in cases where the reconciliation statement (FORM GSTR-9C) is drawn up by the person who had conducted the audit:
* I/we have examined the-
(a) balance sheet as on ………
(b) the *profit and loss account/income and expenditure account for the period beginning from ………..…to ending on ……., and
(c) the cash flow statement for the period beginning from ……..…to ending on ………, -attached herewith, of M/s …………… (Name), …………………….………… (Address), .

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and explanations which, to the best of *my/our knowledge and belief, were necessary for the purpose of the audit were not provided/partially provided to us.
(B) In *my/our opinion, proper books of account *have/have not been kept by the registered person so far as appears from*my/ our examination of the books.
(C) I/we certify that the balance sheet, the *profit and loss/income and expenditure account and the cash flow Statement are *in agreement/not in agreement with the books of account maintained at the Principal place of business at ……………………and ** ……………………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 *

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ellip;………………………………
………………………………………
**(Signature and stamp/Seal of the Auditor)
Place: ……………
Name of the signatory …………………
Membership No………………
Date: ……………
Full address ………………………
II. Certification in cases where the reconciliation 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

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ount/income and expenditure account and balance sheet.
2. I/we report that the said registered person-
*has maintained the books of accounts, records and documents as required by the IGST/CGST/JGST Act, 2017 and the rules/notifications made/issued thereunder
*has not maintained the following accounts/records/documents as required by the IGST/CGST/JGST Act, 2017 and the rules/notifications made/issued thereunder:
1.
2.
3.
3. 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.
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) ………&hel

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ellip;………
Membership No………………
Date: ……………
Full address ………………………‖.
19. In the said rules, after FORM GST APL-03, the following form shall be inserted, namely:-
“FORM GST RVN-01
[See rule 109B]
Reference No.
Date –
To,
………………………………………..
………………………………………..
………………………………………..
GSTIN:……………………………….
Order No. –
Date –
Notice under section 108
Whereas it has come to the notice of the undersigned that decision/order passed u

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Place:
Signature:
Date:
Designation: Jurisdiction / Office -.”
20. In the said rules, for FORM GST APL-04, the following form shall be substituted, namely:-
“Form GST APL-04
[See rules 109B, 113 (1) and115]
SUMMARY OF THE DEMAND AFTER ISSUE OF ORDER BY THE APPELLATE AUTHORITY, REVISIONAL AUTHORITY, TRIBUNAL OR COURT
Reference no. –
Date –
1. GSTIN/ Temporary ID/UIN –
2. Name of the appellant / person –
3. Address of the appellant / person-
4. Order appealed against or intended to be revised – Number- Date-
5. Appeal no. Date-
6. Personal Hearing –
7. Order in brief-
8. Status of order- Confirmed / 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 /earl

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