COMMISSION PAYMENT

Goods and Services Tax – Started By: – nandankumar roy – Dated:- 5-11-2018 Last Replied Date:- 20-12-2018 – WE ARE PAYING COMMISSION TO PARTY AS A SALES COMMISSION : PARTY IS NOT REGISTERED TO GST AS THEIR ALL TRANSACTION WITH IN TURNOVER LIMIT 20 LACS CITERIA 1ST PARTY INTRA STATE AND PAYING 7 LACS 2ND PARTY INTERSTATE AND PAYING 9 LACSWHAT WILL BE IMPACT ON TRANSACTION IN GST REGIME AND WHETHER ANY LIABILITY ARISE IN FUTURE WITH US . PL HELP REGARDING THIS MATTER WHO HAVE CLEAR IDEA AND ADVANCE THANKS.N K ROY – Reply By Nandan Khambete – The Reply = No impact in GST till 30.9.2019 as RCM for 9(4) CGST is deferred till 30.09.2019. – Reply By DR.MARIAPPAN GOVINDARAJAN – The Reply = If your threshold limit is increased then definitely it wi

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INSTANT NOODLES: INSTANT PROFITS

Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 5-11-2018 – If noodles can be cooked and consumed instantly, why not profit on sale of noodles! In yet another case where anti-profiteering charges have been established, the National Anti-profiteering Authority (NAA) has confirmed that sale of Maggie Noodle pack (Noodles) at same price even after rate of GST on it was reduced from 18% to 12% w.e.f. 15 November, 2017 was a case of anti-profiteering u/s 171 of the CGST Act 2017 read with Rule 128 CGST Rules, 2017 and that the dealer ought to be booked and penalized for indulging in such anti-profiteering act. In a recent order dated 8th October, 2018, the NAA has in the matter of Ankur Jain and DGAP, CBIC, New Delhi v. Kunj Lub Marketing Pvt. Ltd., Hardoi (UP) (2018) 10 TMI 510; confirmed the allegation of anti-profiteering and penalized the dealer. The complainant (retailer) lodged an e-mail complaint stating that he had purchased Maggie Noodle pack of 35 gms having max

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e to the retailer and around 25 paise to the ultimate consumer which would have been inconvenient to both the retailer and the consumer. However, on Maggi Noodles pack of 70 gms. bearing MRP of ₹ 12/- per pack, the benefit on account of GST rate reduction for the retailer would have been approximately 56 paise against which the distributor had reduced the price by 92 paise with reduced MRP of ₹ 11/- and thus, the benefit in respect of ₹ 5/- MRP pack had been passed on by reducing the price of other packs of Maggi Noodles by more than what was required. It claimed that the benefit of GST rate reduction had been passed on in respect of Maggie Noodles as a whole. The dealer has contended that it had passed on the benefit of GST rate reduction in respect of 70 gm. pack of Maggi Noodles bearing MRP of ₹ 12/- by reducing the price for the complainant and the ultimate consumer by 92 paise and Re. 1/- respectively, which was much more than the required reduction of appr

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3.96 18% 12468 4.67 4.17 12% 382048 4.43 0.24 90,778/- Total Profiteering on sale of the Product 90,778/- The NAA considered the report of DGAP and carved out the following issues to be decided by the Authority: Whether the benefit accrued due to reduction in the rate of tax of one product can be passed on via another product or not? Whether there was any violation of the provisions of Section 171 of the CGST Act, 2017 in this case? If yes then what was the quantum of profiteering? It noted that there is no doubt that the benefit of reduction in the GST rate was not passed on to the recipients by way of commensurate reduction in the price charged by the dealer which amounts to violation of the provisions of Section 171 of the Act. Further, the distributor had no legal sanction to increase the base price of the product on his own and what was required of him was that he should have only reduced the MRP of the product by taking in to account the effect of the reduction in the rate of tax

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h benefit. As per the provisions of Section 171 of the Act the benefit has to be passed on to each recipient and the same can not be selectively granted or denied. It is also clear that the Maggi Noodle pack of 35 Gms. is distinct from a 70 Gms. pack and both the packs may be bought by the different recipients/customers and hence the benefit accruing to one customer can not be given or denied to another nor can the benefit given to one set of customers arbitrarily enhanced and set off against the another. No such adjustments are permissible under the law. The NAA held that the distributor had denied benefit of the reduction in GST rate to the consumers in contravention of the provisions of Section 171 (1) of the CGST Act, 2017 and had thus realized more price from them than he was entitled to collect and had also compelled them to pay more GST than that they were required to pay by issuing incorrect tax invoices and hence he has committed offence under section 122 (1) (i) of the CGST A

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TDS under GST – public sector undertaking – supply from one PSU to another PSU exempted from applicability of provisions relating to TDS

Goods and Services Tax – 61/2018 – Dated:- 5-11-2018 – Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Notification No. 61/2018 – Central Tax New Delhi, the 5th November, 2018 G.S.R. 1084 (E).- In exercise of the powers conferred by sub-section (3) of section 1, read with section 51 of the Central Goods and Services Tax Act, 2017 (12 of 2017), hereafter in this notification referred to as the said Act, the Central Government, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance, Department of Revenue No. 50/2018-Central Tax, dated the 13th September, 2018, published in the Gaz

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Scope of principal and agent relationship under Schedule I of CGST Act, 2017 in the context of del-credere agent – Reg.

Goods and Services Tax – 73/47/2018 – Dated:- 5-11-2018 – Circular No. 73/47/2018-GST F. No. 20/16/04/2018- GST Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs GST Policy Wing New Delhi, Dated the 5th November, 2018 The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/ Commissioners of Central Tax (All) The Principal Directors General/ Directors General (All) Madam/Sir, Subject: Scope of principal and agent relationship under Schedule I of CGST Act, 2017 in the context of del-credere agent – Reg. Post issuance of circular No. 57/31/2018-GST dated 4th September, 2018 from F. No. CBEC/20/16/4/2018-GST, various representations have been received from the trade and industry, as well as from the field formations regarding the scope and ambit of principal agent relationship under GST in the context of del-credere agent (hereinafter referred to as DCA ). In order to clarify these issues and to ensure uniform

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rm transaction-based loans to the buyer or paying the supplier himself and recovering the amount from the buyer with some interest at a later date. This loan is to be repaid by the buyer along with an interest to the DCA at a rate mutually agreed between DCA and buyer. Concerns have been expressed regarding the valuation of supplies from Principal to recipient where the payment for such supply is being discharged by the recipient through the loan provided by DCA or by the DCA himself. Issues arising out of such loan arrangement have been examined and the clarifications on the same are as below: Sl. No. Issue Clarification 1 Whether a DCA falls under the ambit of agent under Para 3 of Schedule I of the CGST Act? As already clarified vide circular No. 57/31/2018-GST dated 4th September, 2018, whether or not the DCA will fall under the ambit of agent under Para 3 of Schedule I of the CGST Act depends on the following possible scenarios: In case where the invoice for supply of goods is iss

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a supply of service by the DCA to the recipient on Principal to Principal basis and is an independent supply. Therefore, the interest being charged by the DCA would not form part of the value of supply of goods supplied (to the buyer) by the supplier. It may be noted that vide notification No. 12/2017-Central Tax (Rate) dated 28th June, 2017 (S. No. 27), services by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount (other than interest involved in credit card services) has been exempted. 3. Where DCA is an agent under Para 3 of Schedule I of the CGST Act and makes payment to the principal on behalf of the buyer and charges interest to the buyer for delayed payment along with the value of goods being supplied, whether the interest will form a part of the value of supply of goods also or not? In such a scenario following activities are taking place: 1. Supply of goods by the supplier (principal) to the DCA; 2. Furthe

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Collection of tax at source by Tea Board of India – Reg.

Goods and Services Tax – 74/48/2018 – Dated:- 5-11-2018 – Circular No. 74/48/2018-GST F. No. 20/16/04/2018- GST Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs GST Policy Wing New Delhi, Dated the 5th November, 2018 The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/Commissioners of Central Tax (All) The Principal Directors General/ Directors General (All) Madam/Sir, Subject: Collection of tax at source by Tea Board of India – Reg. Tea Board of India (hereinafter referred to as the, Tea Board ), being the operator of the electronic auction system for trading of tea across the country including for collection and settlement of payments, admittedly falls u

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uctioneers and buyers. Thereafter, Tea Board pays to the sellers (i.e. tea producers), from the said escrow account, for the supply of goods made by them (i.e. tea) and to the auctioneers for the supply of services made by them (i.e. brokerage). Under no circumstances, the payment is made by the Tea Board to the auctioneers on account of supply of goods i.e., tea sold at auction. 4. A representation has been received from Tea Board, seeking clarification whether they should collect TCS under section 52 of the CGST Act from the sellers of tea (i.e. the tea producers), or from the auctioneers of tea or from both. 5. The matter has been examined. In exercise of the powers conferred under sub-section (1) of section 168 of the CGST Act, for the

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A SYED ALI FATHIMA Versus THE ASSISTANT STATE TAX OFFICER SUVEILLANCE SQUAD, POOVAR, STATE GST DEPARTMENT, THIRUVANANTHAPURAM, THE STATE OF KERALA REPRESENTED BY THE SECRETARY, THIRUVANANTHAPURAM AND THE COMMISSIONER OF STATE TAX STATE GOODS AND

A SYED ALI FATHIMA Versus THE ASSISTANT STATE TAX OFFICER SUVEILLANCE SQUAD, POOVAR, STATE GST DEPARTMENT, THIRUVANANTHAPURAM, THE STATE OF KERALA REPRESENTED BY THE SECRETARY, THIRUVANANTHAPURAM AND THE COMMISSIONER OF STATE TAX STATE GOODS AND SERVICE TAX DEPARTMENT, THIRUVANANTHAPURAM – 2018 (11) TMI 484 – KERALA HIGH COURT – TMI – Detention of goods due to mis-classification – submits that since dispute is regarding the misclassification, photographs shall be taken before the release of the goods – Held that:- It is directed that Photographs and negatives shall be taken with regard to the nature of the goods – Goods shall be released on furnishing Bank Guarantee, applicable to the petitioner. – WP(C).No. 36047 of 2018 Dated:- 5-11-2018

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Scope of Principal-agent relationship in the context of Schedule I of the GGST Act.

GST – States – CIRCULAR No. 57/2018 – Dated:- 5-11-2018 – CIRCULAR Commissioner of State Tax, Gujarat State, Ahmedabad Dated 5th November, 2018 CIRCULAR No. 57/2018 No.GSL/GST/B.13 Subject: Scope of Principal-agent relationship in the context of Schedule I of the GGST Act. In terms of Schedule I of the Gujarat Goods and Services Tax Act, 2017 (hereinafter to as the GGST Act ), the supply of goods by an agent on behalf of the principal without consideration has been deemed to be a supply. In this connection, various representations have been received regarding the scope and ambit of the principal-agent relationship under GST. In order to clarify some of the issues and to ensure uniformity in the implementation of the provisions of the law across the field formations, the Commissioner of State Tax, in exercise of its powers conferred under section 168 (1) of the GGST Act hereby clarifies the issues in the succeeding Paras. 2. As per section 182 of the Indian Contract Act, 1872, an agent

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d in terms of the various activities being carried out by the person concerned in the principal-agent relationship; and b) the supply or receipt of goods or services has to be undertaken by the agent on behalf of the principal. From this, it can be deduced that the crucial component for covering a person within the ambit of the term agent under the GGST Act is corresponding to the representative character identified in the definition of agent under the Indian Contract Act, 1872. 5. Further, the two limbs of any supply under GST are consideration and in the course or furtherance of business . Where the consideration is not extant in a transaction, such a transaction does not fall within the ambit of supply. But, in certain scenarios, as elucidated in Schedule I of the GGST Act, the key element of consideration is not required to be present for treating certain activities as supply. One such activity which has been detailed in Para 3 of Schedule I (hereinafter referred to as the said ent

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cial world, there are various factors that might influence this relationship, it would be more prudent that an objective criteria is used to determine whether a particular principal-agent relationship falls within the ambit of the said entry or not. Thus, the key ingredient for determining relationship under GST would be whether the invoice for the further supply of goods on behalf of the principal is being issued by the agent or not. Where the invoice for further supply is being issued by the agent in his name then, any provision of goods from the principal to the agent would fall within the fold of the said entry. However, it may be noted that in cases where the invoice is issued by the agent to the customer in the name of the principal, such agent shall not fall within the ambit of Schedule I of the GGST Act. Similarly, where the goods being procured by the agent on behalf of the principal are invoiced in the name of the agent then further provision of the said goods by the agent to

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for the auction and identifies the potential bidders. The highest bid is accepted and the goods are sold to the highest bidder by M/s. XYZ. The invoice for the supply of the goods is issued by M/s. XYZ to the successful bidder. In this scenario, the auctioneer is merely providing the auctioneering services with no role played in the supply of the goods. Even in this scenario, Mr. B is not an agent of Mis XYZ for the supply of goods in terms of Schedule I. Scenario 3 Mr. A, an artist, appoints M/s. B (auctioneer) to auction his painting. M/S B arranges for the auction and identifies the potential bidders. The highest bid is accepted and the painting is sold to the highest bidder. The invoice for the supply of the painting is issued by M/s. B on the behalf of Mr. A but in his own name and the painting is delivered to the successful bidder. In this scenario, M/S B is not merely providing auctioneering services, but is also supplying the painting on behalf of Mr. A to the bidder, and has

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g of agricultural produce on behalf of his principal and receives, by way of remuneration, a commission or percentage upon the amount involved in such transaction. In cases where the invoice is issued by Mr. B to the buyer, the former is an agent covered under Schedule J. However, in cases where the invoice is issued directly by Mr. A to the buyer, the commission agent (Mr. B) doesn t fall under the category of agent covered under Schedule I. 9. In scenario I and scenario 2, Mr. B shall not be liable to obtain registration in terms of clause (vii) of section 24 of the GGST Act. He, however, would be liable for registration if his aggregate turnover of supply of taxable services exceeds the threshold specified in sub-section (1) of section 22 of the GGST Act. In scenario 3, M/s. B shall be liable for compulsory registration in terms of the clause (vii) of section 24 of the GGST Act. In respect of commission agents in Scenario 4, Government Notification. Finance Department No. (GHN-41)/G

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Scope of principal and agent relationship under Schedule I of GGST Act, 2017 in the context of del-credrc agent.

GST – States – CIRCULAR No. 73/2018-GST – Dated:- 5-11-2018 – CIRCULAR Commissioner of State Tax, Gujarat State, Ahmedabad Dated 5th November, 2018 CIRCULAR No.73/2018-GST No. GSL/GST/B.15 Subject: Scope of principal and agent relationship under Schedule I of GGST Act, 2017 in the context of del-credrc agent. Post issuance of circular No. 57/201 S-GST dated the 5th November, 2018 (effective from 4th September, 2018). various representations have been received from the trade and industry. as well as from the field formations regarding the scope and ambit of principal agent relationship under GST in the context of del-credre agent (hereinafter referred to as DCA ). In order to clarify these issues and to ensure uniformity of implementation across field formations, the Commissioner of State Tax, in exercise of its powers conferred under section 168 (1) of the Gujarat Goods and Services Tax Act, 2017 (hereinafter referred to as GGST Act ) hereby clarifies the issues in succeeding paras. 2

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n DCA and buyer. Concerns lune been expressed regarding the valuation of supplies from Principal to recipient where the payment for such supply is being discharged by the recipient through the loan provided by DCA or by the DCA himself. Issues arising out of such loan arrangement have been examined and the clarification on the same are as below: Sl. No. Issue Clarification 1 Whether a DCA falls under the ambit of agent under Para 3 of Schedule I of the GGST Act? As already clarified vide circular No. 57/31/2018-GST dated 4th September, 2018, whether or not the DCA will fall under the ambit of agent under Para 3 of Schedule I of the GGST Act depends on the following possible scenarios: In case where the invoice for supply of goods is issued by the supplier to the customer, either himself or through DCA, the DCA does not fall under the ambit of agent. In case where the invoice for supply of goods is issued by the DCA in his own name, the DCA would fall under the ambit of agent. 2 Whether

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may be noted that vide notification No. 12/2017-State Tax (Rate) dated 30th June, 2017 (S. No. 27), services by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount (other than interest involved in credit card services) has been exempted. 3. Where DCA is an agent under Para 3 of Schedule I of the GGST Act and makes payment to the principal on behalf of the buyer and charges interest to the buyer for delayed payment along with the value of goods being supplied, whether the interest will form a part of the value of supply of goods also or not? In such a scenario following activities are taking place: 1. Supply of goods by the supplier (principal) to the DCA; 2. Further supply of goods by the DCA to the recipient; 3. Supply of agency services by the DCA to the supplier or the recipient or both; 4. Extension of credit by the DCA to the recipient. It is clarified that in cases where the DCA is an agent under Para 3 of Sch

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Corrigendum to Circular No. 57/2018-GST dated the 5th November, 2018 (effective from 4th September, 2018).

GST – States – Corrigendum to Circular No. 57/2018-GST – Dated:- 5-11-2018 – CIRCULAR Commissioner of State Tax, Gujarat State, Ahmedabad Dated 5th November, 2018 Corrigendum to Circular No. 57/2018-GST No.GSL/GST/B.14 Subject: Corrigendum to Circular No. 57/2018-GST dated the 5th November, 2018 (effective from 4th September, 2018). In para 9 of the Circular No. 57/2018-GST dated the 5th November, 2018 (effective from) 4th September,2018), for However, in cases where the supply of agricultural produce is not exempted and liable to lax, such commission agent shall be liable for compulsory registration under sub-section (vii) of section 24 of the GGST Act. read, Further, according to clause (vii) of section 24 of the GGST Act, a person is li

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Jeetendra Kantilal Gandhi Versus State of Karnataka By Commissioner of Commercial Taxes, Bengaluru, Assistant Commissioner of Commercial Taxes, Bengaluru, Assistant Commissioner of Commercial Taxes Bangaluru

2018 (12) TMI 1407 – KARNATAKA HIGH COURT – 2018 (19) G. S. T. L. 410 (Kar.) – Grant of interim bail and not regular bail – grievance of the petitioner is that the learn ed Magistrate has granted interim bail and is not considering the regular bail, though the application is pending before him – violation of certain provisions of GST Act. – Held that:- The learned Magistrate of Special Court (Economic Offences), Bengaluru, is directed to consider the application of the petitioner for regular bail in accordance with law and pass orders expeditiously – petition disposed off. – CRL.P No 7465 of 2018 Dated:- 5-11-2018 – MR P S Dinesh Kumar, J. For The Petitioner : Sri Chitnis P R, Advocate For The Respondent : Sri Nitin Ramesh AAG A/w Sri S.

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Has charity included pay gst

Goods and Services Tax – Started By: – Chiran Kumar – Dated:- 4-11-2018 Last Replied Date:- 6-11-2018 – Hello sir … We are running a non profit organisation under registration of 12AAA, and 80G My doubt is we are running special school in rented building, so has we should pay GST with rent.. by chance if we payed can we reclaimed it.. I hope you oblige my request.. Thank you.. – Reply By Rajagopalan Ranganathan – The Reply = Sir, Vide Sl. No.1 of Notification No. 12/2017-C.T. (Rate) dated 28.

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GST – CONCEPT & STATUS (Updated as on 01st November 2018)

Goods and Services Tax – GST – Dated:- 3-11-2018 – CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS (CBIC) DEPARTMENT OF REVENUE MINISTRY OF FINANCE GOVERNMENT OF INDIA AS ON 1st NOVEMBER, 2018 The uniform system of taxation, which, with a few exceptions of no great consequence, takes place in all the different parts of the United Kingdom of Great Britain, leaves the interior commerce of the country, the inland and coasting trade, almost entirely free. The inland trade is almost perfectly free, and the greater part of goods may be carried from one end of the kingdom to the other, without requiring any permit or let-pass, without being subject to question, visit, or examination from the revenue officers. ……This freedom of interior commerce, the effect of uniformity of the system of taxation, is perhaps one of the principal causes of the prosperity of Great Britain; every great country being necessarily the best and most extensive market for the greater part of the productions

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s that no tax shall be levied or collected except by authority of law. As per Article 246 of the Constitution, Parliament has exclusive powers to make laws in respect of matters given in Union List (List I of the Seventh Schedule) and State Government has the exclusive jurisdiction to legislate on the matters containing in State List (List II of the Seventh Schedule). In respect of the matters contained in Concurrent List (List III of the Seventh Schedule), both the Central Government and State Governments have concurrent powers to legislate. 2.2 Before advent of GST, the most important sources of indirect tax revenue for the Union were customs duty (entry 83 of Union List), central excise duty (entry 84 of Union List), and service tax (entry 97 of Union List). Although entry 92C was inserted in the Union List of the Seventh Schedule of the Constitution by the Constitution (Eighty-eighth Amendment) Act, 2003 for levy of taxes on services, it was not notified. So tax on services were co

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st-Independence period, central excise duty was levied on a few commodities which were in the nature of raw materials and intermediate inputs, and consumer goods were outside the net by and large. The first set of reform was suggested by the Taxation Enquiry Commission (1953-54) under the chairmanship of Dr. John Matthai. The Commission recommended that sales tax should be used specifically by the States as a source of revenue with Union governments' intervention allowed generally only in case of inter-State sales. It also recommended levy of a tax on inter-State sales subject to a ceiling of 1%, which the States would administer and also retain the revenue. 3.2 The power to levy tax on sale and purchase of goods in the course of inter-State trade and commerce was assigned to the Union by the Constitution (Sixth Amendment) Act, 1956. By mid-1970s, central excise duty was extended to most manufactured goods. Central excise duty was levied on unit, called specific duty, and on value,

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eforms Committee under the chairmanship of Prof. Raja J Chelliah was appointed in 1991. This Committee recommended broadening of the tax base by taxing services and pruning exemptions, consolidation and lowering of rates, extension of MODVAT on all inputs including capital goods. It suggested that reform of tax structure must have to be accompanied by a reform of tax administration, if complete benefits were to be derived from the tax reforms. Many of the recommendations of the Chelliah Committee were implemented. In 1999-2000, tax rates were merged in three rates, with additional rates on a few luxury goods. In 2000-01, three rates were merged into one rate called Central Value Added Tax (CENVAT). A few commodities were subjected to special excise duty. 3.5 Taxation of services by the Union was introduced in 1994 bringing in its ambit only three services, namely general insurance, telecommunication and stock broking. Gradually, more and more services were brought into the fold. Over t

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ame commodity in different States. Inter-state sales were subjected to levy of Central Sales Tax. As this tax was appropriated by the exporting State credit was not allowed by the dealer in the importing State. This resulted into exportation of tax from richer to poorer states and also cascading of taxes. Interestingly, States had power of taxation over services from the very beginning. States levied tax on advertisements, luxuries, entertainments, amusements, betting and gambling. 3.7 A report, titled Reform of Domestic Trade Taxes in India , on reforming indirect taxes, especially State sales tax, by National Institute of Public Finance and Policy under the leadership of Dr. Amaresh Bagchi, was prepared in 1994. This Report prepared the ground for implementation of VAT in States. Some of the key recommendations were; replacing sales tax by VAT by moving over to a multistage system of taxation; allowing input tax credits for all inputs, including on machinery and equipment; harmonizat

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mented in most of the states. Uttar Pradesh was the last State to implement VAT, from 1st January, 2008. 4. INTERNATIONAL PERSPECTIVES ON GST / VAT: 4.1 VAT and GST are used inter-changeably as the latter denotes comprehensiveness of VAT by coverage of goods and services. France was the first country to implement VAT, in 1954. Presently, more than 160 countries have implemented GST / VAT in some form or the other. The most popular form of VAT is where taxes paid on inputs are allowed to be adjusted in the liability at the output. The VAT or GST regime in practice varies from one country to another in terms of its technical aspects like definition of supply , extent of coverage of goods and services , treatment of exemptions and zero rating etc. However, at a broader level, it has one common principle, it is a destination based consumption tax. From economic point of view, VAT is considered to be a superior system over sales tax of taxing consumption because the former is neutral in all

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s , whereas provinces which have teamed up with the Federal Government for tax administration are called participating provinces . 4.3 The rate of GST varies across countries. While Malaysia has a lower rate of 6% (Malaysia though scrapped GST in 2018 due to popular uproar against it), Hungary has one of the highest rate of 27%. Australia levies GST at the rate of 10% whereas Canada has multiple rate slabs. The average rate of VAT across the EU is around 19.5%. 5. NEED FOR GST IN INDIA: 5.1 The introduction of CENVAT removed to a great extent cascading burden by expanding the coverage of credit for all inputs, including capital goods. CENVAT scheme later also allowed credit of services and the basket of inputs, capital goods and input services could be used for payment of both central excise duty and service tax. Similarly, the introduction of VAT in the States has removed the cascading effect by giving set-off for tax paid on inputs as well as tax paid on previous purchases and has ag

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VAT regimes under the auspices of the EC, the national market was fragmented with too many obstacles in free movement of goods necessitated by procedural requirement under VAT and CST. 5.4 In the constitutional scheme, taxation powers on goods was with Central Government but it was limited upto the stage of manufacture and production while States have powers to tax sale and purchase of goods. Centre had powers to tax services and States also had powers to tax certain services specified in clause (29A) of Article 366 of the Constitution. This sort of division of taxing powers created a grey zone which led to legal disputes. Determination of what constitutes a goods or service is difficult because in modern complex system of production, a product is normally a mixture of goods and services. 5.5 As can be seen from the previous paragraphs, India moved towards value added taxation both at Central and State level, and this process was complete by 2005. Integration of Central VAT and State V

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to prepare a road map for introduction of GST in India. After this announcement, the EC decided to set up a Joint Working Group in May 10, 2007, with the then Adviser to the Union Finance Minister and Member-Secretary of the Empowered Committee as its Co-conveners and four Joint Secretaries of the Department of Revenue of Union Finance Ministry and all Finance Secretaries of the States as its members. This Joint Working Group got itself divided into three Sub-Groups and had several rounds of internal discussions as well as interaction with experts and representatives of Chambers of Commerce & Industry. On the basis of these discussions and interaction, the Sub-Groups submitted their reports which were then integrated and consolidated into the report of Joint Working Group (November 19, 2007). 6.3 This report was discussed in detail in the meeting of the EC on November 28, 2007, and the States were also requested to communicate their observations on the report in writing. On the ba

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P) on GST in November, 2009. This spelled out the features of the proposed GST and has formed the basis for discussion between the Centre and the States. 7. CHALLENGES IN DESIGNING GST: 7.1 In the discussion that preceded amendment in the Constitution for GST, there were a number of thorny issues that required resolution and agreement between Central Government and State Governments. Implementing a tax reform as vast as GST in a diverse country like India required the reconciliation of interests of various States with that of the Centre. Some of the challenging issues, addressed in the run up to GST, were the following: 7.2 Origin-based versus Destination-based taxation: GST is a destination based consumption tax. Under destination based taxation, tax accrues to the destination place where consumption of the goods or services takes place. The existing VAT regime was based on origin principle where Central Sales Tax was assigned to the State of origin where production or sale happened a

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cing states and thereby contributes to their revenues. In fact, to the extent that consumer expenditures are dependent on the level of income of the residents of a State, it is the producing States that stand to gain the most in additional sales tax revenues (even under the destination basis of consumption taxes) from increased export output. 7.3 Rate Structure and Compensation: There was uncertainty about gains in revenue after implementation of GST. Though attempts were made to estimate a revenue neutral rate, nonetheless it remains an estimate only. It was difficult to estimate accurately as to how much the States will gain from tax on services and how much they will lose on account of removal of cascading effect and phasing out of CST. In view of this, States asked for compensation during the first five years of implementation of GST. 7.3.1 A Committee headed by the Chief Economic Adviser Dr. Arvind Subramanian on possible tax rates under GST suggested RNR (Revenue Neutral Rate). T

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ken by the supreme body, which was later constituted as the Goods and Services Tax Council (the Council). However, the possibility of departure from the recommendations of such body cannot be completely ruled out. Any departure would definitely affect other stakeholders and in such circumstances there must be a statutory body to which affected parties may approach for dispute resolution. The nature of such dispute resolution body was a bone of contention. Under the Constitution (One Hundred Fifteenth Amendment) Bill, 2011, a Goods and Services Tax Dispute Settlement Authority was to be constituted for this purpose. This body was judicial in nature. The proposed constitution of this Authority was challenged because it s powers would override the supremacy of the Parliament and the State Legislatures. The Constitution (One Hundred Twenty Second Amendment) Bill, 2014 departed from the previous GST amendment bill and proposed that the Goods and Services Tax Council may decide about the mod

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h transition and provide fiscal buffer to States, it was agreed to keep alcohol completely out of the ambit of GST. 8. CONSTITUTIONAL AMENDMENT: 8.1 As explained above, unification of Central VAT and State VAT was possible in form of a dual levy under the constitutional scheme. Power of taxation is assigned to either Union or States subject-wise under Schedule VII of the Constitution. While the Centre is empowered to tax goods upto the production or manufacturing stage, the States have the power to tax goods at distribution stage. The Union can tax services using residuary powers but States could not. Under a unified Goods and Services Tax scheme, both should have power to tax the complete supply chain from production to distribution, and both goods and services. The scheme of the Constitution did not provide for any concurrent taxing powers to the Union as well as the States and for the purpose of introducing goods and services tax amendment of the Constitution conferring simultaneous

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Lok Sabha in August, 2016. Further the bill was ratified by required number of States and received assent of the President on 8th September, 2016 and has since been enacted as Constitution (101st Amendment) Act, 2016 w.e.f. 16th September, 2016. 8.4 The important changes introduced in the Constitution by the 101st Amendment Act are the following: Insertion of new article 246A which makes enabling provisions for the Union and States with respect to the GST legislation. It further specifies that Parliament has exclusive power to make laws with respect to GST on inter-State supplies. Article 268A of the Constitution has been omitted. The said article empowered the Government of India to levy taxes on services. As tax on services has been brought under GST, such a provision was no longer required. Article 269A has been inserted which provides for goods and services tax on supplies in the course of inter-State trade or commerce which shall be levied and collected by the Government of India

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ed to provide for a special procedure which requires the ratification of the Bill by the legislatures of not less than one half of the States in addition to the method of voting provided for amendment of the Constitution. Thus, any modification in GST Council shall also require the ratification by the legislatures of one half of the States. Entries in List I and List II have been either substituted or omitted to restrict power to tax goods or services specified in these Lists or to take away powers to tax goods and services which have been subsumed in GST. Parliament shall, by law, on the recommendation of the Goods and Services Tax Council, provide for compensation to the States for loss of revenue arising on account of implementation of the goods and services tax for five years. In case of petroleum and petroleum products, it has been provided that these goods shall not be subject to the levy of Goods and Services Tax till a date notified on the recommendation of the Goods and Servic

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es during any natural calamity or disaster; special provision with respect to the North- East States, J&K, Himachal Pradesh and Uttarakhand; and any other matter relating to the GST, as the Council may decide. 9.2 The Council shall recommend the date on which the goods and services tax be levied on petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel. While discharging the functions conferred by this article, the Goods and Services Tax Council shall be guided by the need for a harmonized structure of goods and services tax and for the development of a harmonized national market for goods and services. 9.3 One half of the total number of Members of the Goods and Services Tax Council shall constitute the quorum at its meetings. The Goods and Services Tax Council shall determine the procedure in the performance of its functions. Every decision of the Goods and Services Tax Council shall be taken at a meeting, by a majority

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e to inter- State suppliers, service providers (except restaurant service) and specified category of manufacturers. For special category States (except J&K and Uttarakhand) enumerated in article 279A of the Constitution, threshold exemption limit has been fixed at ₹ 75 lakh. (iii) Existing tax incentive schemes of Central or State governments may be continued by respective government by way of reimbursement through budgetary route. The schemes, in the present form, would not continue in GST. Further, 50% exemption of the CGST portion will be provided to CSD (Defense Canteens). (iv) Recommending GST laws, namely CGST Law, UTGST Law, IGST Law, SGST Law and GST Compensation Law paving the way for implementation of GST. (v) In order to ensure single interface, all administrative control over 90% of taxpayers having turnover below ₹ 1.5 crore would vest with State tax administration and over 10% with the Central tax administration. Further all administrative control over tax

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liers of services, having turnover upto ₹ 20 lakh, making supplies through e-commerce platforms. (xi) The reverse charge mechanism under sub-section (4) of section 9 of the CGST Act, 2017 and under sub-section (4) of section 5 of the IGST Act, 2017 has been suspended till 30.09.2019. (xii) There shall be no requirement on payment of tax on advance received for supply of goods by all taxpayers. (xiii) Supply from GTA to unregistered persons has been exempted from tax. (xiv) TDS/TCS provisions to be implemented from 01.10.2018. (xv) E-Wallet Scheme shall be introduced for exporters from 01.04.2019 and till then relief for exporters shall be given in form of broadly existing practice. (xvi) All taxpayers are required to file return FORM GSTR-3B & pay tax on monthly basis. (xvii) Taxpayers with turnover upto ₹ 1.5 Cr are required to file information in FORM GSTR-1 on a quarterly basis. Other taxpayers would have to file FORM GSTR-1 on a monthly basis. (xviii) In order to fa

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xxi) From October 2017 onwards, the amount of late fee for late filing of GSTR-3B payable by a registered person is as follows: whose tax liability for that month was NIL will be ₹ 20/- per day instead of ₹ 200/- per day; whose tax liability for that month was not NIL will be ₹ 50/- per day instead of ₹ 200/- per day. (xxi) Facility has been introduced for manual filing of refund application. (xxii) Supply of services to Nepal and Bhutan shall be exempted from GST even if payment has not been received in foreign convertible currency – such suppliers shall be eligible for input tax credit. (xxiii) Centralized UIN shall be issued to every Foreign Diplomatic Mission / UN Organization by the Central Government. (xxiv) Rate of interest on delayed payments and delayed refund has been recommended. (xxv) Migration window was opened one more time till 31.08.2018. (xxvi) A Group of Ministers has been constituted to look into the issues being faced by MSMEs and to provide

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y Goods and Services Tax (Amendment) Act, 2018 and the Goods and Services Tax (Compensation to States) Amendment Act, 2018, respectively. The major amendments brought about by these Acts are as below: (i) Upper limit of turnover for opting for composition scheme to be raised from ₹ 1 Cr to ₹ 1.5 Cr. Present limit of turnover can now be raised on the recommendations of the Council. (ii) Composition dealers to be allowed to supply services (other than restaurant services), for up to a value not exceeding 10% of turnover in the preceding financial year, or ₹ 5 lakh, whichever is higher. (iii) Levy of GST on reverse charge mechanism on receipt of supplies from unregistered suppliers, to be applicable to only specified goods in case of certain notified classes of registered persons, on the recommendations of the GST Council. (iv) The threshold exemption limit for registration in the States of Assam, Arunachal Pradesh, Himachal Pradesh, Meghalaya, Sikkim and Uttarakhand to

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following: (a) Most of the activities or transactions specified in Schedule III; (b) Motor vehicles for transportation of persons having seating capacity of more than thirteen (including driver), vessels and aircraft (c) Services of general insurance, repair and maintenance in respect of motor vehicles, vessels and aircraft on which credit is available; and (d) Goods or services which are obligatory for an employer to provide to its employees, under any law for the time being in force (x) Registered persons may issue consolidated credit/debit notes in respect of multiple invoices issued in a Financial Year. (xi) Amount of pre-deposit payable for filing of appeal before the Appellate Authority and the Appellate Tribunal to be capped at ₹ 25 Cr and ₹ 50 Cr respectively. (xii) Commissioner to be empowered to extend the time limit for return of inputs and capital sent on job work, upto a period of one year and two years, respectively. (xiii) Supply of services to qualify as ex

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f time in any financial year during the transition period shall be transferred to the Consolidated Fund of India as the share of Centre, and the balance fifty per cent. shall be distributed amongst the States in the ratio of their base year revenue. (xix) In case of shortfall in the amount collected in the Fund against the requirement of compensation to be released for any two months period, fifty per cent. of the same, but not exceeding the total amount transferred to the Centre and the States as recommended by the Council, shall be recovered from the Centre and the balance fifty per cent. from the States in the ratio of their base year revenue. In order to ensure that the changes in the Centre and the State GST laws are brought into force simultaneously, these amendments will be made effective from a date to be notified in the future. 9.6 GST Council in its 28th meeting held on 21.07.2018 in New Delhi, also approved the new return formats and associated changes in law. These changes

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he return would depend on his profile. (v) NIL return filers (no purchase and no sale) shall be given facility to file return by sending SMS. (vi) There shall be quarterly filing of return for the small taxpayers having turnover below ₹ 5 Cr as an optional facility. Quarterly return shall be similar to main return with monthly payment facility but for two kinds of registered persons – small traders making only B2C supply or making B2B + B2C supply. For such taxpayers, simplified returns have been designed called Sahaj and Sugam. In these returns details of information required to be filled is lesser than that in the regular return. (vii) The new return design provides facility for amendment of invoice and also other details filed in the return. Amendment shall be carried out by filing of a return called amendment return. Payment would be allowed to be made through the amendment return as it will help save interest liability for the taxpayers. In order to ensure that the above cha

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l envisages that Centre would levy IGST (Integrated Goods and Service Tax) which would be CGST plus SGST on all inter-State supply of goods or services or both. The inter-State supplier will pay IGST on value addition after adjusting available credit of IGST, CGST, and SGST on his purchases. The Exporting State will transfer to the Centre the credit of SGST used in payment of IGST. The person based in the destination State will claim credit of IGST while discharging his output tax liability in his own State. The Centre will transfer to the importing State the credit of IGST used in payment of SGST. The relevant information will also be submitted to the Central Agency which will act as a clearing house mechanism, verify the claims and inform the respective governments to transfer the funds. The major advantages of IGST Model are: (i) Maintenance of uninterrupted ITC chain on inter-State transactions. (ii) No upfront payment of tax or substantial blockage of funds for the inter-State sup

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States) Act, 2017 provides for compensation to the States for the loss of revenue arising on account of implementation of the goods and services tax. Compensation will be provided to a State for a period of five years from the date on which the State brings its SGST Act into force. For the purpose of calculating the compensation amount in any financial year, year 2015-16 will be assumed to be the base year, for calculating the revenue to be protected. The growth rate of revenue for a State during the five-year period is assumed be 14% per annum. The base year tax revenue consists of the states tax revenues from: (i) State Value Added Tax (VAT), (ii) central sales tax, (iii) entry tax, octroi, local body tax, (iv) taxes on luxuries, (v) taxes on advertisements, etc. However, any revenue among these taxes arising related to supply of alcohol for human consumption, and five specified petroleum products, will not be accounted as part of the base year revenue. A GST Compensation Cess is lev

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ilability of the tax credit. This was happening because the supplier was not passing on the benefit to the consumer and thereby indulging in illegal profiteering. Any reduction in rate of tax or the benefit of increased input tax credit should have been passed on to the recipient by way of commensurate reduction in prices. 10.6.1 National Anti-profiteering Authority (NAPA) has been constituted under GST by the Central Government to examine the complaints of non-passing the benefit of reduced tax incidence. The Authority shall cease to exist after the expiry of two years from the date on which the Chairman enters upon his office unless the Council recommends otherwise. 10.6.2 The Authority may determine whether any reduction in the rate of tax or the benefit of input tax credit has been passed on to the recipient by way of commensurate reduction in prices. It can order reduction in prices, imposition of penalty, cancellation of registration and any other decision as may deem fit, after

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al composition scheme (i.e. to pay tax at a flat rate on turnover without credits) is available to small taxpayers (including to manufacturers other than specified category of manufacturers and service providers) having an annual turnover of up to ₹ 1 Cr (Rs. 75 lakh for special category States (except J&K and Uttarakhand) enumerated in article 279A of the Constitution). This limit has been raised to ₹ 1.5 Cr after necessary amendments in the GST Acts. The amendment shall be effective from a date to be notified in the future. 10.10 Zero rated Supplies: Export of goods and services are zero rated. Supplies to SEZs developers and SEZ units are also zero-rated. The benefit of zero rating can be taken either with payment of integrated tax, or without payment of integrated tax under bond or Letter of Undertaking. 10.11 Cross-utilization of ITC: IGST credit can be used for payment of all taxes. CGST credit can be used only for paying CGST or IGST. SGST credit can be used only

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urns filed by the taxpayers. 10.13 Modes of Payment: Various modes of payment of tax available to the taxpayer including internet banking, debit/ credit card and National Electronic Funds Transfer (NEFT) / Real Time Gross Settlement (RTGS). 10.14 Tax Deduction at Source: Obligation on certain persons including government departments, local authorities and government agencies, who are recipients of supply, to deduct tax at the rate of 1% from the payment made or credited to the supplier where total value of supply, under a contract, exceeds two lakh and fifty thousand rupees. The provision for TDS has been operationalized wef 01st October 2018. Exemption from the provisions of TDS has been given to certain authorities under the Ministry of Defence. 10.15 Refunds: Refund of tax to be sought by taxpayer or by any other person who has borne the incidence of tax within two years from the relevant date. Refund of unutilized ITC also available in zero rated supplies and inverted tax structure

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case of fraud, suppression or willful mis-statement. 10.18 Recovery of Arrears: Arrears of tax to be recovered using various modes including detaining and sale of goods, movable and immovable property of defaulting taxable person. 10.19 Appellate Tribunal: Goods and Services Tax Appellate Tribunal would be constituted by the Central Government for hearing appeals against the orders passed by the Appellate Authority or the Revisional Authority. States would adopt the provisions relating to Tribunal in respective SGST Act. 10.20 Advance Ruling Authority: Advance Ruling Authority would be constituted by States in order to enable the taxpayer to seek a binding clarity on taxation matters from the department. Centre would adopt such authority under CGST Act. 10.21 Transitional Provisions: Elaborate transitional provisions have been provided for smooth transition of existing taxpayers to GST regime. 10.22 Subsuming of taxes, duties etc.: Among the taxes and duties levied and collected by the

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es with legislature have passed their respective SGST Acts. The economic integration of India was completed on 8th July, 2017 when the State of J&K also passed the SGST Act and the Central Government also subsequently extended the CGST Act to J&K. 11.2. In its 28th meeting held in New Delhi on 21.07.2018, the GST Council recommended certain amendments in the CGST Act, IGST Act, UTGST Act and the GST (Compensation to States) Act. These amendments have been passed by Parliament and have been enacted, after receiving the assent of the Hon ble President of India on 29.08.2018, as the Central Goods and Services Tax (Amendment) Act, 2018, the Integrated Goods and Services Tax (Amendment) Act, 2018, the Union Territory Goods and Services Tax (Amendment) Act, 2018 and the Goods and Services Tax (Compensation to States) Amendment Act, 2018, respectively. In order to ensure that the above changes in the Centre and the State GST laws are brought into force simultaneously, these amendments

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rocedures, particularly the CGST and IGST law, which will be exclusive domain of the Centre. This apart, the CBIC has prepared itself for meeting the implementation challenges, which are quite formidable. The number of taxpayers has gone up significantly. The existing IT infrastructure of CBIC has been suitably scaled up to handle such large volumes of data. Based on the legal provisions and procedure for GST, the content of work-flow software such as ACES (Automated Central Excise & Service Tax) would require re-engineering. The name of IT project of CBIC under GST is SAKSHAM involving a total project value of ₹ 2,256 Cr. 12.2 Augmentation of human resources would be necessary to handle large taxpayers base in GST scattered across the length and breadth of the country. Capacity building, particularly in the field of Accountancy and Information Technology for the departmental officers has to be taken up in a big way. A massive four-tier training programme has been conducted u

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between the taxpayer and the Government. 13. GOODS & SERVICES TAX NETWORK: 13.1 Goods and Services Tax Network (GSTN) has been set up by the Government as a private company under erstwhile Section 25 of the Companies Act, 1956. GSTN would provide three front end services to the taxpayers namely registration, payment and return. Besides providing these services to the taxpayers, GSTN would be developing back-end IT modules for 27 States who have opted for the same. Infosys has been appointed as Managed Service Provider (MSP). GSTN has selected 73 IT, ITeS and financial technology companies and 1 Commissioner of Commercial Taxes (CCT, Karnataka), to be called GST Suvidha Providers (GSPs). GSPs would develop applications to be used by taxpayers for interacting with the GSTN. The diagram below shows the work distribution under GST. 13.2 Central Government holds 24.5 percent stake in GSTN while the state government holds 24.5 percent. The remaining 51 percent are held by non- Governmen

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FOR INDIAN ECONOMY: 14.1 GST will have a multiplier effect on the economy with benefits accruing to various sectors as discussed below. 14.2 Benefits to the exporters: The subsuming of major Central and State taxes in GST, complete and comprehensive setoff of input goods and services and phasing out of Central Sales Tax (CST) would reduce the cost of locally manufactured goods and services. This will increase the competitiveness of Indian goods and services in the international market and give boost to Indian exports. The uniformity in tax rates and procedures across the country will also go a long way in reducing the compliance cost. 14.3 Benefits to small traders and entrepreneurs: GST has increased the threshold for GST registration for small businesses. Those units having aggregate annual turnover more than ₹ 20 lakh (10 lakh in case of North Eastern States) have be registered under GST. Unlike multiple registrations under different tax regimes earlier, a single registration

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continuous chain of set-off from the producer s point to the retailer s point than what was possible under the prevailing CENVAT and VAT regime. Certain major Central and State taxes will also be subsumed in GST and CST will be phased out. Other things remaining the same, the burden of tax on goods would, in general, fall under GST and that would benefit the consumers. 14.6 Promote Make in India : GST will help to create a unified common national market for India, giving a boost to foreign investment and Make in India campaign. It will prevent cascading of taxes and make products cheaper, thus boosting aggregate demand. It will result in harmonization of laws, procedures and rates of tax. It will boost export and manufacturing activity, generate more employment and thus increase GDP with gainful employment leading to substantive economic growth. Ultimately it will help in poverty eradication by generating more employment and more financial resources. More efficient neutralization of ta

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will not be needed, therefore, lesser investment of resources and manpower in maintaining records. It will result in simplified and automated procedures for various processes such as registration, returns, refunds, tax payments. All interaction shall be through the common GSTN portal, therefore, less public interface between the taxpayer and the tax administration. It will improve environment of compliance as all returns to be filed online, input credits to be verified online, encouraging more paper trail of transactions. Common procedures for registration of taxpayers, refund of taxes, uniform formats of tax return, common tax base, common system of classification of goods and services will lend greater certainty to taxation system. 15. EXPERIENCE OF REGISTRATION & RETURN FILING: 15.1 Registration & Returns Snapshot: S. No. Details As on 31st October, 2018 1. No. of transited (migrated) taxpayers 66,23,376 2. Total No. of new applications received for registration 65,19,058 3

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,56,452 21. No. of 3(B) returns filed for September, 2018 67,45,848 22. No. of GSTR 1 returns filed for July, 2017 59,11,994 23. No. of GSTR 1 returns filed for August, 2017 24,41,466 24. No. of GSTR 1 returns filed for September, 2017 65,74,840 25. No. of GSTR 1 returns filed for October, 2017 25,04,083 26. No. of GSTR 1 returns filed for November, 2017 25,30,097 27. No. of GSTR 1 returns filed for December, 2017 65,75,078 28. No. of GSTR 1 returns filed for January, 2018 24,98,750 29. No. of GSTR 1 returns filed for February, 2018 24,86,344 30. No. of GSTR 1 returns filed for March, 2018 65,39,245 31. No. of GSTR 1 returns filed for April, 2018 25,17,163 32. No. of GSTR 1 returns filed for May, 2018 25,13,204 33. No. of GSTR 1 returns filed for June, 2018 62,85,416 34. No. of GSTR 1 returns filed for July, 2018 23,94,570 35. No. of GSTR 1 returns filed for August, 2018 22,13,105 36. No. of GSTR 1 returns filed for September, 2018 46,32,780 37. No. of GSTR 2 returns filed for July, 20

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r small and medium enterprises in particular, who were not used to regular and online filing of returns and other formalities. 16.2 Based on the feedback received from businesses, consumers and taxpayers from across the country, attempt has been made to incorporate suggestions and reduce problems through short-term as well as long-term solutions. After rectifying system glitches, E-way bill for inter-State movement of goods has been successfully implemented from 1st April 2018. As regards intra-State supplies, option was given to States to choose any date on or before 3rd June, 2018. All States have notified e-way bill rules for intra-State supplies last being NCT of Delhi where it was introduced w.e.f. 16th June, 2018. 16.3 NAPA has initiated investigation into various complaints of anti-profiteering and has passed orders in some cases to protect consumer interest. 16.4 To expedite sanction of refund, manual filing and processing of refunds has been enabled. Clarificatory Circulars an

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Levy of market fee – Validity of levy after promulgation of Goods and services tax (GST) – the market fee is leviable under a separate enactment under the State’s power to legislate under Entry 66 of the List-II of the VIIth Schedule.

Goods and Services Tax – Levy of market fee – Validity of levy after promulgation of Goods and services tax (GST) – the market fee is leviable under a separate enactment under the State’s power to leg

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GST paid under wrong head

Goods and Services Tax – Started By: – Kaustubh Karandikar – Dated:- 3-11-2018 Last Replied Date:- 6-11-2018 – XYZ paid GST wrongly under IGST instead of paying under CGST + SGST for the period July 17 to September 18. Can they adjust the same while paying current months liability by issuing credit notes or they need to again pay CGST + SGST and then claim refund of IGST wrongly paid? – Reply By KASTURI SETHI – The Reply = Dear Querist, Are you sure about 'Place of supply' ? More details are required for correct reply. – Reply By Kaustubh Karandikar – The Reply = XYZ (Punjab) receiving commission for abroad on which GST is paid. As per Section 13(8) of IGST Act the POS in case of intermediary services is the location of the supplie

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But will it not fall under Section 8(2) of IGST Act and if not under which sub-section of Section 7 will it fall? – Reply By KASTURI SETHI – The Reply = Dear Sir, Your client is supplying /providing services, namely, intermediary services abroad and getting commission from a foreign service receiver. Service has been consumed outside India. As per Section 13(8) (b) of IGST Act, 2017, place of supply is location of supplier i.e. within India . So it is inter-State supply. and not intra-State. These, being intermediary services, are NOT covered under Section 7 of IGST Act. – Reply By Kaustubh Karandikar – The Reply = Sir, i appreciate your views. But Section 13 decides the applicability of GST based on 'Place of Supply' and once that

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ad of thinking about depositing against wrong type of tax.I wish other learned experts intervene to clear the air. – Reply By Alkesh Jani – The Reply = Dear Sir, In this regards, prima facie, I concur with the views of Sh. Kasturiji Sir, that as per the query, it can be treated as inter-state service. However, few clarification in the matter is required such as The services provided is with regards to any goods as given in Section 13(3)(a)? Whether payment is received in foreign currency? Have you raised any Invoice to Foreign Service recipient? Further, Section 13 of IGST Act, clearly states that Place of supply of service where location of supplier or location of recipient is outside India.. To arrive at any conclusion for any sub-clause

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The Tripura State Goods and Services Tax (Thirteenth Amendment) Rules, 2018.

GST – States – F.1-11(91)-TAX/GST/2018(Part-II) – Dated:- 3-11-2018 – GOVERNMENT OF TRIPURA FINANCE DEPARTMENT (TAXES & EXCISE) NO.F.1-11(91)-TAX/GST/2018(Part-II) Dated, Agartala, the 3rd November, 2018 N O T I F I C A T I O N In exercise of the powers conferred by section 164 of the Tripura State Goods and Services Tax Act, 2017 (Tripura Act No. 9 of 2017), the State Government hereby makes the following rules further to amend the Tripura State Goods and Services Tax Rules, 2017, namely:- 1. (1) These rules may be called the Tripura State Goods and Services Tax (Thirteenth Amendment) Rules, 2018. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Tripura State Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), after rule 83, the following rule shall be inserted, namely:- 83A. Examination of Goods and Services Tax Practitioners.- (1) Every person referred to in clause (b) of sub-rule (1) of rule 83 and w

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nation centers.- The examination shall be held across India at the designated centers. The candidate shall be given an option to choose from the list of centers as provided by NACIN at the time of registration. (6) Period for passing the examination and number of attempts allowed.- (i) A person enrolled as a goods and services tax practitioner in terms of sub-rule (2) of rule 83 is required to pass the examination within two years of enrolment: Provided that if a person is enrolled as a goods and services tax practitioner before 1st of July 2018, he shall get one more year to pass the examination: Provided further that for a goods and services tax practitioner to whom the provisions of clause (b) of sub-rule (1) of rule 83 apply, the period to pass the examination will be as specified in the second proviso of sub-rule (3) of said rule. (ii) A person required to pass the examination may avail of any number of attempts but these attempts shall be within the period as specified in clause

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xamination guidelines covering issues such as procedure of registration, payment of fee, nature of identity documents, provision of admit card, manner of reporting at the examination center, prohibition on possession of certain items in the examination center, procedure of making representation and the manner of its disposal. (ii) Any person who is or has been found to be indulging in unfair means or practices shall be dealt in accordance with the provisions of sub-rule (10). An illustrative list of use of unfair means or practices by a person is as under: – (a) obtaining support for his candidature by any means; (b) impersonating; (c) submitting fabricated documents; (d) resorting to any unfair means or practices in connection with the examination or in connection with the result of the examination; (e) found in possession of any paper, book, note or any other material, the use of which is not permitted in the examination center; (f) communicating with others or exchanging calculators

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resent in writing, clearly specifying the reasons therein to NACIN or the jurisdictional Commissioner as per the procedure established by NACIN on the official websites of the Board, NACIN and common portal. (13) Power to relax.- Where the Board or State Tax Commissioner is of the opinion that it is necessary or expedient to do so, it may, on the recommendations of the Council, relax any of the provisions of this rule with respect to any class or category of persons. Explanation :- For the purposes of this sub-rule, the expressions – (a) jurisdictional Commissioner means the Commissioner having jurisdiction over the place declared as address in the application for enrolment as the GST Practitioner in FORM GST PCT-1. It shall refer to the Commissioner of Central Tax if the enrolling authority in FORM GST PCT-1 has been selected as Centre, or the Commissioner of State Tax if the enrolling authority in FORM GST PCT-1 has been selected as State; (b) NACIN means as notified by notification

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. – (1) A summary of order issued under any of the existing laws creating demand of tax, interest, penalty, fee or any other dues which becomes recoverable consequent to proceedings launched under the existing law before, on or after the appointed day shall, unless recovered under that law, be recovered under the Act and may be uploaded in FORM GST DRC-07A electronically on the common portal for recovery under the Act and the demand of the order shall be posted in Part II of Electronic Liability Register in FORM GST PMT-01. (2) Where the demand of an order uploaded under sub-rule (1) is rectified or modified or quashed in any proceedings, including in appeal, review or revision, or the recovery is made under the existing laws, a summary thereof shall be uploaded on the common portal in FORM GST DRC-08A and Part II of Electronic Liability Register in FORM GST PMT-01 shall be updated accordingly. . 4. In the said rules, in FORM GST REG-16,- (a) against serial number 7, for the heading, t

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ication to the effect that no taxable supplies have been made during the intervening period (i.e. from the date of registration to the date of application for cancellation of registration). . 5. In the said rules, in FORM GSTR-4, in the Instructions, for Sl. No. 10, the following shall be substituted, namely:- 10. Information against the Serial 4A of Table 4 shall not be furnished. . 6. In the said rules, for FORM GST PMT-01 relating to Part II: Other than return related liabilities , the following form shall be substituted, namely:- Form GST PMT -01 [See rule 85(1)] Electronic Liability Register of Registered Person (Part-II: Other than return related liabilities) (To be maintained at the Common Portal) Reference No.- GSTIN/Temporary Id – Date- Name (Legal) – Trade name, if any – Stay status – Stayed/Un-stayed Period – From -To (dd/mm/yyyy) Act – Central Tax/State Tax/UT Tax/Integrated Tax/CESS /All (Amount in Rs.) Sr.No. Date (dd/mm/yyyy) Reference No. Tax Period, if applicable Ledg

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d ID also if appeal is allowed/ partly allowed. Overall closing balance may still be positive. 5. Refund of pre-deposit can be claimed for a particular demand ID if appeal is allowed even though the overall balance may still be positive subject to the adjustment of the refund against any liability by the proper officer. 6. The closing balance in this part shall not have any effect on filing of return. 7. Reduction in amount of penalty would be automatic if payment is made within the time specified in the Act or the rules. 8. Payment made against the show cause notice or any other payment made voluntarily shall be shown in the register at the time of making payment through credit or cash. Debit and credit entry will be created simultaneously. . 7. In the said rules, in FORM GST APL-04, after serial number 9, and the Table relating thereto, the following shall be inserted, namely:- 10. Details of IGST Demand Place of Supply (Name of State/UT) Demand Tax Interest Penalty Other Total 1 2 3

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od of stay From – to – Part B – Demand details 19. Details of demand created (Amount in Rs. in all Tables) Act Tax Interest Penalty Fee Others Total 1 2 3 4 5 6 7 Central Acts State/ UT Acts CST Act 20. Amount of demand paid under existing laws Act Tax Interest Penalty Fee Others Total 1 2 3 4 5 6 7 Central Acts State/UT Acts CST Act 21. (19-20) Balance amount of demand proposed to be recovered under GST laws << Auto-populated >> Act Tax Interest Penalty Fee Others Total 1 2 3 4 5 6 7 Central Acts State/UT Acts CST Act Signature Name Designation Jurisdiction To _______________ (GSTIN/ID) -Name _______________ (Address) Copy to – Note – 1. In case of demands relating to short payment of tax declared in return, acknowledgement / reference number of the return may be mentioned. 2. Only recoverable demands shall be posted for recovery under GST laws. Once, a demand has been created through FORM GST DRC-07A, and the status of the demand changes subsequently, the status may be am

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which demand uploaded 6. Government Authority who passed the order creating the demand ðState /UT ð Centre <<Auto>> 7. Old Registration No. << Auto, editable>> 8. Jurisdiction under earlier law <<Auto, editable>> 9. Act under which demand has been created <<Auto, editable>> 10. Tax period for which demand has been created <<Auto, editable>> 11. Order No. (original) <<Auto, editable>> 12. Order date (original) <<Auto, editable>> 13. Latest order no. <<Auto, editable>> 14. Latest order date <<Auto, editable>> 15. Date of service of the order <<Auto, editable>> 16. Name of the officer who has passed the order (optional) <<Auto, editable>> 17. Designation of the officer who has passed the order <<Auto, editable>> 18. Whether demand is stayed ð Yes ð No 19. Date of stay order 20. Period of Stay 21. Reason for updation <<Text b

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THE HIMACHAL PRADESH GOODS AND SERVICES TAX (AMENDMENT) ORDINANCE, 2018.

GST – States – LLR-D(6)-15/2018-LEGN. – Dated:- 3-11-2018 – H. P. Ordinance No. 1 of 2018 THE HIMACHAL PRADESH GOODS AND SERVICES TAX (AMENDMENT) ORDINANCE, 2018 Promulgated by the Governor of Himachal Pradesh in the Sixty ninth year of the Republic of India. AN ORDINANCE further to amend the Himachal Pradesh Goods and Services Tax Act, 2017 (Act No.10 of 2017) WHEREAS, the Legislative Assembly of Himachal Pradesh is not in session and the Governor of Himachal Pradesh is satisfied that circumstances exist which render it necessary for him to take immediate action; NOW THEREFORE, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Himachal Pradesh is pleased to promulgate the following Ordinance. 1. Short title and Commencement.-(1) This Ordinance may be called the Himachal Pradesh Goods and Services Tax (Amendment) Ordinance, 2018. (2) The provisions of section 7 and section 30 shall be deemed to have come into force with effe

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clause (17), for sub-clause (h), the following subclause shall be substituted, namely:- (h) activities of a race club including by way of totalisator or a license to book maker or activities of a licensed book maker in such club; and ; (d) clause (18) shall be omitted; (e) in clause (35), for the word and signs clause (c) , the word and sign clause (b)'' shall be substituted; (f) in clause (69), in sub-clause (f), after the word and figures article 371 , the words, figures and letter and article 371J shall be inserted; (g) in the end of clause (102), the following Explanation shall be inserted, namely:- Explanation.-For the removal of doubts, it is hereby clarified that the expression services includes facilitating or arranging transactions in securities; . 3. Amendment of section 7.-In section 7 of the principal Act,- (a) in sub-section (1), – (i) in clause (b), after the words or furtherance of business; , the word and shall be inserted and shall always be deemed to have bee

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tered persons who shall, in respect of supply of specified categories of goods or services or both received from an unregistered supplier, pay the tax on reverse charge basis as the recipient of such supply of goods or services or both, and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to such supply of goods or services or both. . 5. Amendment of section 10.- In section 10 of the principal Act,- (a) in sub-section (1) ,- (i) for the words and sign in lieu of the tax payable by him, an amount calculated at such rate , the words, signs and figures in lieu of the tax payable by him under sub-section (1) of section 9, an amount of tax calculated at such rate shall be substituted; (ii) in the proviso, for the words one crore rupees , the words one crore and fifty lakh rupees and for the sign . , the sign : shall be substituted; and (iii) after the proviso, the following proviso shall be inserted, namely:- Provided

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uted, namely:- Explanation.-For the purposes of this clause, it shall be deemed that the registered person has received the goods or, as the case may be, services- (i) where the goods are delivered by the supplier to a recipient or any other person on the direction of such registered person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to goods or otherwise; and (ii) where the services are provided by the supplier to any person on the direction of and on account of such registered person. ; and (b) in clause (c), after the word and figures section 41 , the words, figures and letter or section 43A shall be inserted. 9. Amendment of section 17.-In section 17 of the principal Act,- (a) after sub-section (3), the following Explanation shall be inserted, namely:- Explanation.- For the purposes of this sub-section the expression value of exempt supply shall not include the value of activities or transactions spec

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sels or aircraft referred to in clause (a) or clause (aa): Provided that the input tax credit in respect of such services shall be available- (i) where the motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa) are used for the purposes specified therein; and (ii) where received by a taxable person engaged- (A) in the manufacture of such motor vehicles, vessels or aircraft; or (B) in the supply of general insurance services in respect of such motor vehicles, vessels or aircraft insured by him; (b) the following supply of goods or services or both-(i) food and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery, leasing, renting or hiring of motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa) except when used for the purposes specified therein, life insurance and health insurance: Provided that the input tax credit in respect of such goods or services or both shall be available where an inward supply

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new proviso shall be inserted, namely:- Provided further that the Government may, at the request of a special category State and on the recommendations of the Council, enhance the aggregate turnover referred to in the first proviso from ten lakh rupees to such amount, not exceeding twenty lakh rupees and subject to such conditions and limitations, as may be so notified. ; (b) in the Explanation, in clause (iii), after the word Constitution , the words and signs except the State of Jammu Kashmir and States of Arunachal Pradesh, Assam, Himachal Pradesh, Meghalaya, Sikkim and Uttarakhand shall be inserted. . 12. Amendment of section 24.-In section 24 of the principal Act, in clause (x), after the words commerce operator , the words and figures who is required to collect tax at source under section 52 shall be inserted. 13. Amendment of section 25.- In section 25 of the principal Act,- (a) in sub-section (1), in the end of the proviso for the sign . , the sign : shall be substituted and a

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new proviso shall be inserted, namely:- Provided that during pendency of the proceedings relating to cancellation of registration filed by the registered person, the registration may be suspended for such period and in such manner as may be prescribed. ; and (c) in sub-section (2), in the end of the proviso for the sign . the sign : shall be substituted and thereafter the following proviso shall be inserted, namely:- Provided further that during pendency of the proceedings relating to cancellation of registration, the proper officer may suspend the registration for such period and in such manner as may be prescribed. . 15. Amendment of section 34.- In section 34 of the principal Act,- (a) in sub-section (1),- (i) for the words Where a tax invoice has , the words Where one or more tax invoices have shall be substituted; and (ii) for the words a credit note , the words one or more credit notes for supplies made in a financial year shall be substituted; and (b) in sub-section (3),- (i) f

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er and within such time as may be prescribed shall be substituted and for the words and sign on or before the twentieth day of the month succeeding such calendar month or part thereof . , the sign : shall be substituted and thereafter the following proviso shall be inserted, namely:- Provided that the Government may, on the recommendations of the Council, notify certain classes of registered persons who shall furnish return for every quarter or part thereof, subject to such conditions and safeguards as may be specified therein. ; (b) In sub-section (7), in the end for the sign . , the sign : shall be substituted and thereafter the following proviso shall be inserted, namely:- Provided that the Government may, on the recommendations of the Council, notify certain classes of registered persons who shall pay to the Government the tax due or part thereof as per the return on or before the last date on which he is required to furnish such return, subject to such conditions and safeguards as

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pient and verification thereof shall be such as may be prescribed. (3) The procedure for furnishing the details of outward supplies by the supplier on the common portal, for the purposes of availing input tax credit by the recipient shall be such as may be prescribed. (4) The procedure for availing input tax credit in respect of outward supplies not furnished under subsection (3) shall be such as may be prescribed and such procedure may include the maximum amount of the input tax credit which can be so availed, not exceeding twenty per cent. of the input tax credit available, on the basis of details furnished by the suppliers under the said sub-section. (5) The amount of tax specified in the outward supplies for which the details have been furnished by the supplier under sub-section (3) shall be deemed to be the tax payable by him under the provisions of the ordinance. (6) The supplier and the recipient of a supply shall be jointly and severally liable to pay tax or to pay the input ta

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and to perform such other functions shall be inserted. 20. Amendment of section 49.-In section 49 of the principal Act,- (a) in sub-section (2), after the word and figures section 41 , the words, figures and letter or section 43A shall be inserted; (b) in sub-section (5),- (i) in clause (c), in the end for the sign ; , the sign : shall be substituted and thereafter the following proviso shall be inserted, namely:- Provided that the input tax credit on account of State tax shall be utilised towards payment of integrated tax only where the balance of the input tax credit on account of central tax is not available for payment of integrated tax; ; (ii) in clause (d) in the end for the sign ; , the sign : shall be substituted and thereafter, the following proviso shall be inserted, namely:- Provided that the input tax credit on account of Union Territory Tax shall be utilised towards payment of integrated tax only where the balance of the input tax credit on account of central tax is not av

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. Amendment of section 52.-In section 52 of the principal Act, in sub-section (9), after the word and figures section 37 , the words and figures or section 39 shall be inserted. 23. Amendment of section 54.-In section 54 of the principal Act,- (a) in sub-section (8), in clause (a), for the words and signs zero-rated supplies of , the words export of and for the words and sign such zero rated supplies , the words such exports shall be substituted; (b) in the Explanation after sub-section (14), in clause (2),- (i) in sub-clause (c), in item (i), after the words foreign exchange , the words or in Indian rupees wherever permitted by the Reserve Bank of India shall be inserted; (ii) for sub-clause (e), the following sub-clause shall be substituted, namely:- (e) in the case of refund of unutilised input tax credit under clause (ii) of the first proviso to sub section (3), the due date for furnishing of return under section 39 for the period in which such claim for refund arises; . 24. Amendm

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section (1), in clause (b), in the end of proviso for the sign : , the sign shall be substituted and thereafter, the following proviso shall be inserted, namely:- Provided further that the period of one year and three years may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding one year and two years respectively. . 29. Amendment of schedule I.-In Schedule I of the principal Act, in paragraph 4, for the words taxable person , the word person shall be substituted. 30. Amendment of schedule II.-In Schedule II of the principal Act, in the heading, after the word ACTIVITIES , the words OR TRANSACTIONS shall be inserted and shall always be deemed to have been inserted. 31. Amendment of schedule III.-In Schedule III of the principal Act, – (i) after paragraph 6, the following paragraphs shall be inserted, namely:- 7. Supply of goods from a place outside India to another place outside India without such goods entering into India. 8. (a) Supply

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In Re: M/s. Cable Corporation of India Limited

2018 (12) TMI 533 – AUTHORITY FOR ADVANCE RULING, MAHARASHTRA – TMI – Exemption from GST – supply of transportation services – The Applicant is engaged in the work of Supply, Laying and Terminating of 220kV U/G cables package to the recipient. – Sl. no. 18 of the Notification No. 12/2017 – Central Tax (Rate) dated 28th June, 2017 – composite supply or not – Held that:- In the present application the applicant has stated and claimed that that they are engaged in the work of supply, laying and terminating of 220 KV U/G cables package to the recipient and the engagement comprises of two separate agreements with respect to supply of goods and services – also, the applicant in their application has clearly stated that each of the contracts referred above consists of a ‘Cross Fall Breach Clause’ deeming any breach in either of the contract would be a breach of the other contract as well and would provide the recipient with an adsolute right to terminate both the contracts or claim damages.

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) dated 28.06.2017 & artificial bifurcation of contracts & scope of work as claimed by the applicant to go out of the scope of correct tax liability is not legal and proper.

Ruling:- The supply of transportation services, rendered by the Applicant, will not be exempt from the levy of GST in terms of Sl. no. 18 of the Notification No. 12/2017 – Central Tax (Rate) dated 28th June, 2017 – GST-ARA-63/2018-19/B-134 Dated:- 3-11-2018 – SHRI B.V. BORHADE, AND SHRI PANKAJ KUMAR, MEMBER PROCEEDINGS (under section 98 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017) The present application has been filed under section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as the CGST Act and MGST Act ] by Cable Corporation of India Limited, the applicant, seeking an advance ruling in respect of the following issue. Whether the supply of transportation services, ren

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ji Vallabhdas Marg, Ballard Estate, Mumbai, Maharashtra 400001, is a leading manufacturer and distributor of a wide range of power and control cables in India. 2. The Applicant was registered under the erstwhile tax regime, and was discharging excise duty, service tax and value added tax (VAT) on the manufacture, on commission and sale of the products, as applicable. 3. Under the current regime, the Applicant is registered as per the provisions of the GST Laws. 4. The Applicant is engaged in the work of Supply, Laying and Terminating of 220kV U/G cables package to the recipient. The engagement comprises of two separate agreements with respect to the supply of goods and services envisaged, which are as follows – a) A supply of goods contract regarding the engineering, manufacturing, supply and type testing of Cable Package-C ( Goods ); b) A Services Contract for Cable Package-C (which includes Detailed Route Survey, Planning, Transportation, Insurance, Delivery at site, Unloading, Handl

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herewith as Exhibit-B. 7. Notification No. 12/2017 – Central Tax (Rate) provide for a list of services, supply of which shall be exempt from the levy of GST. One of such services so specified is that of transportation of goods services made by a supplier other than a GTA or courier agency. 8. In the light of the same, the question which is arising is whether the supply of transportation services, being rendered by the Applicant under the contract for services, will be exempt from levy of GST in terms of Sl. no. 18 of the Notification No. 12/2017 – Central Tax (Rate) dated 28th June, 2017 9. Under the said factual scenario, the Applicant requests the Hon ble Maharashtra Authority for Advance Ruling to issue a ruling on the following question (A) Whether the supply of transportation services, rendered by the Applicant under the aforesaid facts or circumstances will be exempt from the levy of GST in terms of Sl. no. 18 of the Notification No. 12/2017 – Central Tax (Rate) dated 28th June,

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rier agency, from the levy of GST. The relevant portion maybe extracted as follows: Sl.No. Chapter, Section, Heading, Group or Service Code (Tariff) Description of Services Rate (per cent.) Condition 18 Heading 9965 Services by way of transportation of goods (a) by road except the services of- (i) a goods transportation agency; (ii) a courier agency; (b) inland waterways Nil Nil C.2 In other words, the Applicant shall be eligible to claim exemption from the levy of GST in relation to such transportation services supplied by it under the contract for services, vide the above discussed Notification, provided it is neither GTA nor a courier agency. C3. Now, GTA has been defined in the Explanation to Sl. no 9 and 11 of Notification No. 11/2017 dated 28th June, 2017 as follows: goods transport agency means any person who provides service in relation to transport of goods by road and issues consignment note, by whatever name called. C.4 In the instant case, Applicant is engaging a GTA to und

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d be squarely covered by Sl. No. 18 of the Notification No. 12/ 2017 – Central Tax (Rate). Thus, the Applicant shall be eligible to claim exemption from the levy of GST in relation to such transportation services supplied by it under the contract for services. Transportation charges collected from the customer is a principal supply in itself. C.6 The contract of services entered between the Applicant and the recipient contemplates separate consideration for the supply of the following services: a. Transportation and Insurance charges; b. Installation charges; and C. Training charges C.7 Now as per the above discussed Notification, the exemption available is only with respect to the supply of transportation of goods services by a supplier, not being a GTA or courier agency, from the levy of GST. Thus, for determining the applicability of the notification, it is to necessary to examine whether all the supply of services provided for in the services contract will constitute a composite su

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upply forming part of that composite supply is ancillary; C.11 Thus, a combined reading of the definition of composite supply and principal supply indicates that a composite supply has only one principal supply. If a particular contract has more than one principal supplies, the supply under the said contract will cease to be composite supply. C.12 Further, there is no strait-jacket formula to determine as to what constitutes a composite supply . The determination as to whether a supply constitutes a composite supply or separate supplies is very subjective and is required to be determined on the basis of the facts and circumstances of each case. C.13 In the light of the above, reference may be made to the observations of the Supreme court in cases to get some guiding principles. The Court, in the case of State of Madras vs Gannon Dunkerley and Company (Madras) Ltd [2015 (330) ELT 0011 SC] = 1958 (4) TMI 42 – SUPREME COURT OF INDIA, while extensively discussing the divisibility of contra

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Industries Limited v. Director of Income Tax, Mumbai reported [2007 (6) STR 3 (SC)] = 2007 (1) TMI 91 – SUPREME COURT. The contract under consideration was a turnkey agreement between the parties which separately provided for the offshore supply of goods and service, onshore supply of goods and services and the services of construction and erection. It was held by the Hon ble Supreme Court that very fact that in the contract, the supply segment and Service segment have been Specified in different parts of the contract is a pointer to show that the liability of the Appellants thereunder would also be different. C.15 In the light of the above observations, the following points maybe noted with respect to the instant scenario: a. The supply of services under consideration are mutually exclusive and independent and are not intrinsically linked to each other in any manner. b. The services contract provides for supply of transportation services, installation Services and testing services al

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linked with each other. Also, while the installation and testing services are provided by the Applicant itself, the transportation services are being sub-contracted by the Applicant. C.17 Thus, in the light of the above, it is submitted that the supply of services envisaged under the services contract are distinct and independent. The fact that a single contract provides for all the supply of services, cannot be a conclusive indicator of the supplies constituting a composite supply . The fact that the contract envisages different considerations for each supply, it is indicative of the parties intention to consider each of them to be separate and independent C.18 Further, it is pertinent to note that even though the contract envisages a single consideration for transportation and insurance services, the Applicant is charging majorly for the transportation services only. The economic reality of the supply is such that the Applicant has a common insurance cover for all such transportation

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CANT S UNDERSTANDING. Questions D.1 Whether the supply of transportation services, rendered by the Applicant under the contract for services, will be exempt from the levy of GST in terms of Sl. no. 18 of the Notification No. 12/ 2017-CT (Rate) dated 28.06.2017. Applicants understanding D.2 As explained in the above para C, the Applicant is making an independent supply of transportation of goods service. Further, it is neither a GTA transportation agency nor a courier agency and thus is eligible to claim exemption from levy of GST under Notification No. 12/2017 dated 27.06.2017. 03. CONTENTION – AS PER THE CONCERNED OFFICER The submission, as reproduced verbatim, could be seen thus- Please refer to letter No. NSK-II Div/29/T-II/2-17-18 dated 25.09.2018 the above subject wherein Application for Advance Ruling filed by M/s. Cable Corporation of India Ltd. (M/s CCL) before the Member (CGST & SGST) of the Advance Ruling Authority, Maharashtra, Mumbai was forwarded. 2. M/s Cable Corporat

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ants exemption on transportation service provided by an entity other than GTA. As the applicant is not GTA, his supply of transportation service, he claims, is exempt vide the above notification. In this case as the M/s CCL is hiring the service of GTA therefore, he is the recipient of such services and not a supplier thereof, The question of the Applicant providing transportation service therefore is not correct. (iii) To decide the issue of taxability of the consideration payable under the Second Contract for inland/local transportation and ancillary services like in-transit insurance, which are included in the freight bills the contracts referred to above needs to be examined. The First Contract includes ex works supply of all equipments and materials. The scope Of the works includes testing and supply of Cable Package required for Successful commissioning. The second contract includes all other activities required to be performed for complete execution of the Cable package. The sco

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ts. Although awarded under two separate contract agreements, clauses under both them make it abundantly clear that notwithstanding the break up of the Contract Price, the contract shall, at all times, be construed as a single source responsibility and the Applicant shall remain responsible to ensure execution of both the contracts to achieve successful completion. Any breach in any part of the First Contract shall be treated as a breach of the Second Contract, and vice versa. The two contracts are, therefore, linked by a cross fall breach clause deeming that any breach in either of the contracts to be a breach of the other contract as well, providing the recipient with an absolute right to terminate both the contracts or claim damages. The cross fall breach clause , settles unambiguously that supply of goods, their transportation to the contractee s site delivery and related services are not separate contracts, but only form parts of an indivisible composite works contract supply, as d

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serial No.18 of the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017. 6. The above view is supported by the following decisions of Advance Ruling Authorities of Maharashtra and West Bengal. (1) Maharashtra Authority for Advance Ruling has decided the application filed by Shri Dinesh Kumar Agarwal, Mumbai whether transportation charges received by the applicant are liable to GST, especially when the applicant is not a goods transport agency (GTA). Maharashtra Authority for Advance Ruling vide Order No. GST- ARA-36/2017-18/B-43 dated 04.06.2018 = 2018 (7) TMI 1691 – AUTHORITY FOR ADVANCE RULINGS MAHARASHTRA answered in the affirmative that the same is liable to tax as a works contract as per the provisions of Section 2(119) of the GST Act. (ii) The Authority for Advance Ruling under GST, West Bengal vide Order in case no.7/2018 dated 11.05.2018 in the case of EMC Ltd. [2018 (13) GSTL 217 ( A.A.R.-GST) = 2018 (5) TMI 964 – AUTHORITY FOR ADVANCE RULINGS, WEST BENGAL ruled that

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issions for admission of application . Jurisdictional Officer was not present during the hearing. The application was admitted and called for final hearing on 19.09.2018, Sh. Chaitanya Bhatt, Advocate along with Ms. Meghna Mohpatra, Advocate appeared and made detailed oral and written contentions. Jurisdictional Officer, Sh. Pradip Zode, Supdt., Division – II, Nashik CGST & Central Excise Commissionerate appeared and stated that they have received the documents and application very late and therefore be granted 20 days time to make their submissions and made written submissions. 05. OBSERVATIONS We have gone through the facts of the case, oral & written submissions made by the applicant as well as the jurisdictional officer & the applicable provisions of the GST laws in this regard. We find that the applicant is a leading manufacturer & distributor of a wide range of power and control cables in India. We find that in the present application the applicant has stated and

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rovide the recipient with an adsolute right to terminate both the contracts or claim damages. In view of these facts we find that the applicant has raised the question as under:- Whether the supply of transportation services, rendered by the Applicant, will be exempt from the levy of GST in terms of Sl. no. 18 of the Notification No. 12/2017 – Central Tax (Rate) dated 28th June, 2017 . We also find from the facts and documents put up before us by the applicant as well as the jurisdictional officer that, the applicant is not transporting the goods but is hiring the services of a GTA to undertake the transportation of goods by road & is claiming to be discharging GST liability under Reverse Charge Mechanism and in such a situation he is a recipient of such service and is not a supplier thereof. Further, from the submissions made before us, we clearly find that the first contract referred to above includes ex-works supply of all equipments and materials which includes testing and supp

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nt and/or installation at the site, the place of supply shall be the location of the goods at the time when movement of the goods terminates for delivery to the recipient or moved to the site for assembly or installation refer to Section 10(1)(a) & (d) of the IGST Act, 2017). The First Contract however does not include the provision and cost of such transportation and delivery. It, therefore, does not amount to a contract for supply of goods unless tied up with the Second Contract. The First Contract has no leg unless supported by the Second Contract. It is no contract at all unless tied up with the Second Contract. The Contractee is aware of such interdependence of the two contracts. Although awarded under two separate contract agreements, clauses under both them make it abundantly clear that notwithstanding the break up of the Contract Price, the contract shall, at all times, be construed as a single source responsibility and the Applicant shall remain responsible to ensure execu

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the goods & allied services are not separately enforceable The recipient has not contracted for ex-factory supply of materials, but for the composite supply, namely Works Contract for Supply, Laying and Terminating or 220KV U/G Cables. In respect of the proposition of law as made by the jurisdictional officer, we find support from the judgement of Hon. Supreme Court in case of M/s. Indure Ltd. & Anr. vs Commercial Tax Officer & Ors. on 20 September, 2010 C.A. NO. 1123 of 2003 = 2010 (9) TMI 883 – SUPREME COURT OF INDIA, wherein the Hon. SC held as under: By way of letter of award dated August 16, 1988, N.T.P.C. awarded two contracts to the company for performing the work of erection of aforesaid plant on turnkey basis. Even though two contracts were entered into between the parties but in nutshell it was only one contract for the simple reason that N.T.P.C. kept a right with it with regard to cross-fall breach clause meaning thereby that default in one contract would tanta

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In Re: M/s. P.K. Agarwala, (Partnership (Firm)

2019 (1) TMI 1369 – AUTHORITY FOR ADVANCE RULING, JHARKHAND – TMI – Government Entity – rate of GST – works contract for raising of western site tailing dam at Turamdih – N/N. 39/2017 – time and value of supply of goods or services or both – Held that:- Government entity means- (i) set up by an Act of Parliament or State Legislature, or. (ii) established by any government, with 90% or more participation by way of equity or control, to carry out a function entrusted by the Central Government, State Government or a local authority – In the instant case, the 100% equity of M/S Uranium Corporation of India Ltd is held by the President of India. Accordingly, M/s. Uranium Corporation of India Ltd. is a government entity.

What will be the rate of GST on the said work order? – Held that:- The works contract has been defined in Section 2(119) of the CGST Act, 2017 as “works contract” means a contract for building, construction, fabrication, completion, erection, installation, fitting out

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fication 39/2017 dated 13.10.2017 issued under the GST Act, being Composite supply of works contract as defined in clause 119 of sec-2 of the CGST Act, 2017, involving pre dominantly earth work i.e. constituting more than 75% of the value of work in contract) provided to Central Government, State government, Union Territory, Local authority, a government authority or a Government Entity – GST will be applicable at the rate of 5%.

Ruling:- M/s Uranium Corporation of India Ltd has 100% of equity held by the President of India, hence, M/s Uranium Corporation of India Ltd is a government entity.

The work order no. T-964 dt. 20.06.2017 awarded by M/s Uranium corporation of India Ltd, to applicant M/s P. K. AGARWALA constitute of more than 75% of “earth Work”, the rate of GST would be 5%. – JHR/AAR/2018-19/01 Dated:- 3-11-2018 – Sri Pradhuman Badri Prasad Meena and Sri Ram Chandra Prasad Barnwal Member Present for the applicant: Mr. Pradeep Kumar Agarwal (Authorized Signatory) N

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predominantly earth work (that is, constituting more than 75per cent, of the value of the works contract) provided to the Central Government, State Government, Union territory, local authority, a Governmental Authority or a Government Entity. 5 Provided that where the services are supplied to a Government Entity, they should have been procured by the said entity in relation to a work entrusted to it by the Central Government, State Government, Union territory or local authority, as the case may be 3. Further a Government Entity shall be defined as an authority or a board or any other body including a society, trust, corporation which is – i) Set up by an act of parliament or State legislative, or (ii) Established by any government, with 90% or more participation by way of equity or control, to carry out a function entrusted by the Central government, State Government or Local Authority. 4. In the present instance 100% of the equity share is held by the President of India M/s. Uranium C

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any goods or services or both amounts to or results in a supply of goods or services or both, within the meaning of that term. 7. From the aforesaid provisions of Advance Ruling it is observed that the Applicant is eligible to seek Advance Ruling under sub-para (b) i.e, applicability of a notification issued under the provisions of this Act; and sub-para (c) i.e, determination of time and value of supply of goods or services or both; of Section 97(2) of the CGST/SGST Act, 2017. 8. The Applicant has submitted a copy of Work order (work order no. T-964 dt. 20.06.2017) and a copy of notification no. 39/2017 integrated tax dt.13.10.2017 with regard to above raised questions:- a. A Government Entity shall be defined as an authority or a board or any other body including a society, trust, corporation which is – Set up by an act of parliament or State legislative, or Established by any government, with 90% or more participation by way of equity or control, to carry out a function entrusted b

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llowing types of soils up to any depth, for all lifts, including bailing/pumping out any water accumulating inside the excavation adequate protection during excavation, drilling, blasting and transporting the excavated spoil/materials after stripping of top soil as per specification to the designated area/places stacking of usable and disposal of excess of unusable material all complete as per drawing specification and direction of Engineer for any lead within acquired area for lead of 100M 500 Cu.M 150 75,000/- Supply and transport of earth of specified quality (as per specification and drawing) from any source including all taxes, any filing the same in embankment in random fill zone in layers not exceeding 250mm measured loose in proper profile to various heights above existing ground level after stripping of top soil as per specification, watering of each layer in the stipulated manner as per specification and / or direction of Engineer and compaction by mechanical means (Dozer Sta

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per drawing specification and direction of Engineer including cost of all machinery tools & tackles for any lead (Sectional measurement for compacted filing will only be paid) 18000 CuM 325 58,50,000/- Supplying laying and compacting uniformly graded filters of crushed stone aggregate 50 mm to 10 mm as per drawing specification and direction of Engineer (Stone aggregate Conforming to IS : 383)including cost of all lead, lift, taxes and royalty. 3400 cum 1400 47,60,000/- Supplying laying and compacting uniform graded coarse and filters as per drawing 5100 751 38,30,100/- 9. Personal Hearing Proceedings: The Personal hearing of the applicant s Representatives was conducted and concluded on 30/08/18 & 06/09/18 Wherein the the points submitted in the written submission were reiterated. 10. Discussions & Findings : 10.1 We have considered the submissions made by the Applicant in their application for Advance Ruling as well as the submissions made during the Personal Hearing. We

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y. 11.2 The second issue is-what will be the rate of GST on the said work order? -We find that the work order awarded is for the Raising of western side Tailings dam from RL 195 M to RL 198 M at TURAMDIH . We also find that the total value of the work order for raising tailing dam is ₹ 16,48,41,750/-. 11.3 Under the GST, the works contract has been defined in Section 2(119) of the CGST Act, 2017 as works contract means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract. In the instant case the applicant applicant has been awarded works contract for raising a Dam as per the requirement/specifications provided by the recipient. 11.4 In the instant case the applicant is carrying works contract servi

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1958); (b) canal, dam or other irrigation works; (c) pipeline, conduit or plant for (i) water supply (ii) water treatment, or (iii) sewerage treatment or disposal." Would be 6% (CGST) + 6% (SGST)=12%. 12. Now the question which remains is whether the benefit of the notification no. 39/2017 will be available in the present case? For this the nature of work needs to be examined. 12.1 The term Earth Work has not been defined under any GST provisions. The Webster Dictionary defines Earth Work as an embankment or construction made of earth specially one used as a field fortification. The Collins dictionary defines Earth Work as excavation of earth as in engineering construction; a fortification made of earth. The Wikipedia defines Earth Work as Earth work are engineering works through the processing of parts of earth surface involving quantities of soil or unformed rocks. After going through different definitions of earth work, we find that Bulk earthworks include the removal, moving

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GST on Commission received

Goods and Services Tax – Started By: – Kaustubh Karandikar – Dated:- 2-11-2018 Last Replied Date:- 21-12-2018 – XYZ (Punjab) receiving commission for abroad on which GST is paid. As per Section 13(8) of IGST Act the POS in case of intermediary services is the location of the supplier of services. Accordingly, the POS would be Punjab. Further the location of supplier is also Punjab and therefore as per Section 8(2) of IGST Act it is an intra-State supply and thus CGST + SGST will apply. Is my un

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post sale discount for cement

Goods and Services Tax – Started By: – RAMESH R – Dated:- 2-11-2018 Last Replied Date:- 5-12-2018 – Dear Sir, 1. My Client (Whole sale & Reseller) purhcase cement bag from one famous brand company ₹ 300+GST 28% at the time of purchase of Invoice,my client resale to customer ( Unregistered and end user) rate is per bag ₹ 305+GST 28% after sale they have received discount (Credit note) ₹ 20 per bag + GST 28% from company instructed to my client above discount amount less you

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Credit Note issue where goods sold before change in GST rate of tax  and goods return after change in GST rate of tax .

Goods and Services Tax – Started By: – ANAND SHARMA – Dated:- 2-11-2018 Last Replied Date:- 10-11-2018 – Dear ExpertPlease guide us what are implications in case of sales return where sales made before change in GST rate of tax and goods return after change in GST rate of tax . We have sold goods on 05.06.2018 @ rate 28%. these goods are return by a registered buyer on 30.10.2018 when rate of tax is changed to 18%. At what rate we should issue credit note to buyer i.e 18% or 28%. you are reques

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UNDERSTANDING COMPOSITE SUPPLIES UNDER GST

Goods and Services Tax – GST – By: – Srikantha RaoT – Dated:- 2-11-2018 – Composite contracts have traditionally posed problems in terms of taxation under service tax and VAT over the years. Very often the matter had to be referred to Courts for resolution of issues. The complications were due to the fact that the two levies referred to above were falling under different tax jurisdictions i.e. one with Union and the other with the States respectively. Resolving this issue was therefore one of the priorities while seeking to introduce GST (Goods & Services Tax). In GST an effort has been made to define composite supply where there is a mix of goods or services or both and to introduce a deeming fiction on classification thereof based on perceived dominant component of the same for taxing the mix. Catering contracts, erection, commissioning and installation contracts and annual maintenance contracts and some supply and installation contracts to name a few, have all come into focus i

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or any combination thereof, which are naturally bundled and supplied in conjunction with each other in the ordinary course of business, one of which is a principal supply. An illustration has also been provided to explain the concept and this goes as follows – Where goods are packed and transported with insurance, the supply of goods, packing materials, transport and insurance is a composite supply and supply of goods is a principal supply. One of the reasons why a proper determination of the nature of the contract is so critical is the fact that u/s 8(a) of Central Goods & Services Tax Act 2017 the tax liability in respect of a composite supply comprising of two or more supplies, one of which is a principal supply, is based on the principal supply. This is because the composite supply is treated as a supply of such principal supply. This would mean classification and rates of tax being based on such principal supply. One more reason is to avoid classification of the contract as a

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cenarios could be far more complex and there could be genuine difficulties in identifying the true nature of certain supplies. This is also compounded by the fact that the concept of natural bundling referred in the definition above has not been elaborated further. One would have to look at circumstances of each case in order to see whether or not various elements of a supply can be seen to be bundled so as to satisfy definition of composite supply. If one were to refer P. Ramanatha Aiyar s Advanced Law Lexicon (Page 3193 4th edition Volume 3 Published by LexisNexis Butterworths Wadhwa) the term naturally signifies according to the nature of things, and applies therefore to the connection which subsists between events according to the original constitution or inherent properties of things. The term bundling on Page 630 of Volume 1 of the said Advanced Law Lexicon has been defined to be practice of providing more than one product or service at once at an inclusive price (such as softwar

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consumption), where such supply or service is for cash, deferred payment or other valuable consideration. While the schedule specifically talks about the second and fourth entries above as composite supplies, in reality there could be other cases of such supplies where combination of goods or of services or both are involved. What is also relevant is the fact that the concept of works contract u/s 2(119) of CGST Act 2017 has undergone a change in GST as compared to the old law/s as it is now restricted to immovable properties alone. So, while classifying a contract resulting in immovable property would not be much of a problem, scenario could be different where goods are involved and resulting property (if any) is movable. In such cases, one guideline would be the test laid down by the Supreme Court in Bharat Sanchar Nigam Limited Vs UOI (2006 (3) TMI 1 – Supreme Court) where the need to determine substance of the contract or adopting the dominant nature test was highlighted. This woul

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48 or 49, printed with design, logo etc. supplied by the recipient of goods but made using physical inputs including paper belonging to the printer, predominant supply is that of goods and the supply of printing of the content [supplied by the recipient of supply] is ancillary to the principal supply of goods and therefore such supplies would constitute supply of goods falling under respective headings of under Chapter 48 or 49 of the Customs Tariff. This nevertheless would require readers to analyse each case to determine the predominant supply element in order to correctly classify the contract. In Circular 34/8/2018 GST dated 1st March 2018, supply of retreaded tyres where the old tyres belong to the supplier has been held to be supply of goods. One of the yardstick which could be considered to determine essential nature has been held to be that of value involved which though need not be the sole indicator. In Circular 32/06/2018 GST dated 12th February 2018, in the context of food

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omposite supply. Here, if the customer failed to meet its exclusive purchase obligation or its minimum purchase obligation, the applicant had the right to recover the deficit amount from the customer. This was a Ruling based on analysis of the real intention of the supplier on review of contractual terms. After sales services provided in India to end customers In Toshniwal Brothers (SR) Private Limited, (2018 (10) TMI 597 Authority For Advance Rulings Karnataka), the Authority held that pre-sales marketing and promotion services for client located outside India and post sales support and installation services could not be naturally bundled as post sale service is dependent on there being a supply from client located outside India to the end consumer in India. This was therefore held not to be composite contract with the pre-sales promotion and related service being regarded as intermediary services owing to service provider in India acting as agent of foreign principal and engaging in

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ned on the basis of facts and circumstances of each case. However Circular 52/26/2018 GST dated 9th August 2018 seeks to take a definitive stance on the bus body building activity undertaken by fabricator for principal who sends the chassis, by classifying it as a service and taxing it as such. Similarly, we have two advance rulings which contradict each other. In Re: M/s Paras Motor Industries (2018 (7) TMI 1422 Authority For Advance Rulings Haryana), the Authority held bus body building activity to be supply of bus body and activity of fitting/mounting of bus body on chassis being ancillary activity to the principal activity of supply of bus-body. Hence, in terms of the clarification issued by the CBEC vide circular No.34/8/2018-GST dt. 01.03.2018, the activity was held to be a composite supply, with principal supply being supply of bus-body. In Re: Arpijay Fabricators Pvt. Ltd (2018 (8) TMI 284 Authority For Advance Rulings Madhya Pradesh), the Authority disagreed with the contentio

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owed the view that body building on chassis supplied by principal under FOC challan would be service and taxed at 18% while body building on own chassis would tantamount to supply of bus and taxed at 28% Supply of battery with UPS Where an Uninterrupted Power Supply is supplied along with battery there could be a case for regarding the same as a composite supply as UPS cannot function without a battery. However, In Re: M/s Switching Avo Electro Power Limited (2018 (8) TMI 1071 Appellate Authority For Advance Rulings West Bengal) the Appellate Authority has held that when the battery is supplied separately with UPS, the same cannot be considered as composite supply or naturally bundled supply. The Appellate Authority was of the view that when a UPS is supplied with built-in batteries so that supply of the battery is inseparable from supply of the UPS, it should be treated as a composite supply and as a composite machine. Whether or not a composite machine can be equated with a composite

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kandey Katju Published by Thomson Reuters), double meaning cannot be attached to a word or sentence occurring at one and same place to bear both literal and metaphorical senses at the same time. This could mean composite supply not being capable of being equated with composite goods. Supply in the course of works contract execution While the test for determining whether or not a contract could be construed as works contract has been laid down by the Supreme Court in M/s Kone Elevator India Pvt. Ltd Vs State of Tamil Nadu & Others (2014 (5) TMI 265 Supreme Court) and in M/s Larsen & Toubro Limited & Another Vs State of Karnataka & Another (2013 (9) TMI 853 Supreme Court) and this could be followed by readers, there have been few Advance Rulings under GST in the context of classification of supplies under turnkey contracts. In Re: Vihaan Enterprises (Swati Dubey) (2018 (9) TMI 546 Authority For Advance Ruling Madhya Pradesh), agreement for constructing a Pooling Sub-stati

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nd one for service as the implementation schedule also included erection, testing and commissioning of plant. The fact that resulting property was immovable in nature and until date of final acceptance all risk of loss was with supplier and not customer, was also relied upon to arrive at the conclusion. In re: M/s R.B Construction Company (2018 (6) TMI 559 Authority For Advance Rulings Gujarat) contract for supply, laying and testing and commissioning of pipeline was held to be works contract as after laying the pipeline underground, these could not be removed without damaging them. In Re: EMC Ltd (2018 (5) TMI 964 Authority For Advance Ruling West Bengal), the importance of cross fall breach clause in determining nature of contract was established. This clause specifies that breach of one contract will be deemed to be a breach of the other contract, and thereby turn them into a single source responsibility contract. This would mean even if a contract is split into two so as to have on

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(2018 (6) TMI 111 Authority For Advance Ruling Karnataka), three agreements covering Supply of Materials, Erection & Civil Works respectively awarded to the applicant in response to a single tender notification with the general terms and conditions being commonly applicable to all the three agreements was held to be indivisible and works contract as the applicant was supplying the material and providing the erection of towers service and also civil works service. Consultancy services and reimbursements In re: EGIS India Consulting Engineers (P) Ltd (2018 (8) TMI 283 Authority For Advance Ruling Madhya Pradesh), reimbursements of costs on goods procured on behalf of recipient (viz., laptop, desktop, refrigerator, furniture etc.) for providing project management consultancy services under PMAY scheme to State/Urban Local Bodies from the recipient based on actual cost, was held not to disentitle Applicant to benefit of exemption on the concerned service as such reimbursements at actu

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e of equipment and provision of computer education services for 5 years in Govt, and Govt. aided high schools of Odisha in the state of Odisha was held to be composite supply of goods and services not naturally but artificially bundled and not contract for training programme for any possible exemption. Renting of immovable property and additional services In the European Union where the lease agreement for letting out immovable property also provided for services of water, heating, security, cleaning of premises, repair of structure and machinery at additional charges with a stipulation that non payment of such charges by tenant/lessee would result in landlord getting the right to terminate the lease, the arrangement was seen to constitute a single supply (Field Fisher Waterhouse LLP Vs Commissioners For Her Majesty s Revenue & Customs (In Case C-392/11) (Judgement of The Court (Sixth Chamber)) ECLI:EU:C:2012:597). The court further held that scenario would not change even where th

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ADVANCE RULINGS ON WORKS CONTRACT

Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 2-11-2018 – Works Contract Section 2(119) defines the expression works contract as for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract. Works contract – supply of service? Schedule II of the Act provides the list of activities or transactions to be treated as supply of goods or supply of services. Entry 6(a) of Schedule II prescribes that the works contract is a composite supply that shall be treated as supply of services. Section 2(30) defines the expression composite supply as a supply made by a taxable person to a recipient consisting of two or more taxable supplies of goods or services or both, or any combination thereof, which are naturally b

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Central University of Kerala represented by RITES Ltd. Construction of Biotech lab and administrative block at Life Science Park, Trivandrum. – HLL Infra Tech Services Ltd. The Authority examined the issues in detail. The Authority held that- As per the amendment to notification No. 8/2017 vide notification No.39/2017 dated 13.10.2017, composite supply of works contract as defined in clause (119) of section 2 of the GST Act, supplied to the Central Government, State Government, Union Territory, a local authority, a Governmental Authority or a Governmental Entity by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation or alteration is taxable @12% GST; The work awarded by Government is subsequently given as sub-contract, by the principal contractor. The composite supply of works contract provided by a sub-contractor is also taxable @12% GST. The Life Sciences Park, Trivandrum is a commercial venture of the KSIDC Ltd., a St

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ntrol over the applicant M/S M.P. Paschim Kshetra Vidyut Vitran Co. Ltd. and the applicant is covered under the definition of Government Entity. The projects under DDUGY, IPDS, ADB, SSTD, Saubhagya Yojna, FSP and all other schemes of governments are carried out for business purpose and the benefit of Concessional Rate of 12% (6% under Central tax and 6% State tax) as per notification under is not available to the applicant on works pertaining to construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration, which are carried out in respect of projects under DDUGY, IPDS, ADB, SSTD, Saubhagya Yojna, FSP and all other schemes of governments as the same is undertaken for the business purpose. In the instant case, the applicant had awarded work to the successful bidder tor Supply of Materials and Erection respectively. Therefore, the contract entered by the applicant is squarely falls under the works contract and falls under ent

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al work to be done at the site to be called a car parking system . Once made operational the car parking system obtains a state of permanency. It is not such as can be easily removed from the existing place and put into place at some other location. The definition of works contract under the GST Act is in relation to immovable property. Turnkey EPC project In re. RFE Solar Private Limited. – 2018 (9) TMI 693 – AAR, Rajasathan, the question for advance rulings in this case is – Whether contract for Erection, Procurement and Commissioning of Solar Power Plant shall be classifiable as Supply of Goods or Supply of Services under the provisions of the Central Goods and Services Tax Act 2017 and Rajasthan State Goods and Services Tax Act 2017? The Authority held that Turnkey EPC Contract are not getting covered under supply of 'Solar Power Generating System' under Entry 234 of Schedule I of the Notification no. 1/2017-Integrated Tax (Rate), Entry 234 of Schedule I of the Notification

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ial damage and thus cannot be reassembled, therefore the pipeline network so created would be considered as immovable. As the applicant is engaged in the activity of construction of pipeline network which becomes immovable property wherein transfer of property in goods is involved, the said activity falls within the definition of works contract under the CGST Act, 2017 and the GGST Act, 2017. Indivisible contract In re. SKILLTECH ENGINEERS AND CONTRACTORS PVT. LTD. – 2018 (6) TMI 111 – AUTHORITY FOR ADVANCE RULINGS, KARNATAKA, The applicant sought advance ruling on the following questions/issues that- Whether the contract, executed by them for KPTCL, is a divisible contract [Supply of goods & Supply of Services] or an indivisible contract [works contract]? Whether the tax rate of 12% [CGST-6% + SGST-6%] is applicable to the above contract, in pursuance of Notification No.24/2017-Central Tax (Rate) dated 21.09.2017? The Authority held that the applicant, being the successful bidder,

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Restriction u/s 16(4) of CGST Act applicable on services received under RCM also

Goods and Services Tax – Started By: – Tanmay Bhardwaj – Dated:- 2-11-2018 Last Replied Date:- 3-11-2018 – Dear ExpertsI received legal services in February 2018 on which i was liable to discharge GST under RCM mechanism. However i made payment to such service in October 2018. My question is whether restriction u/s 16(4) of the CGST Act, 2017 would be applicable in this and accordingly, i would not be able to avail ITC of GST paid on such service?RegardsTanmay – Reply By Rajagopalan Ranganathan – The Reply = Sir, Section 16 (4) of CGST Act, 2017 provides that A registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the due date of furnishing of

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M/s INDUS PROJECTS LIMITED Versus UNION OF INDIA

2018 (11) TMI 276 – GUJARAT HIGH COURT – TMI – Recovery of GST dues from the debtors – petitioner does not dispute sizeable outstanding dues to the said tax department but pleads extreme financial hardship in clearing such dues in single installment – Held that:- When this Court has by interim order stayed coercive recoveries of the dues of the petitioner, the respondents could not have insisted on ONGC either paying up the dues of the petitioner to the department or even prevented ONGC from releasing such payments in favour of the petitioner. This would be plainly carrying out coercive recoveries of the dues which this Court by way of interim injunction prevented the department from doing.

Notice returnable on 29.11.2018. – R/SPECIA

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ncial difficulties, the petitioner has applied to the authority for installments. Such request came to be turned down by the impugned order dated 30.08.2018 without assigning reasons. Counsel for the petitioner submitted that the departmental circular permits the authority in exercise of its discretion to grant suitable installments when financial hardship is made out. NOTICE, returnable on 17.10.2018. On the condition that before the returnable date the petitioner deposits 20% of the outstanding amount and further continues to deposit 5% thereof between 1st and 5th of every month thereafter until any other order is passed, there shall be stay against coercive recoveries of the dues. Direct service is permitted. The petitioner was according

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is for your information that any payment made by ONGC to M/s. Indus Projects ltd. until this office withdraws its garnishee Notices will be deemed as violation of the terms and conditions of the Notice under Section 87 of Finance Act, 1994 and appropriate legal actions will be initiated for its violation as mentioned in the law. The applicant stated that the applicant has fulfilled all the terms of the interim order dated 20.9.2018, despite which, the respondents are enforcing coercive recoveries. When this Court has by interim order stayed coercive recoveries of the dues of the petitioner, the respondents could not have insisted on ONGC either paying up the dues of the petitioner to the department or even prevented ONGC from releasing such

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