Goods and Services Tax – Application of provisions of Central Goods and Services Tax Act. – Section 20 of the IGST Act, 2017 as amended – quantum of pre-deposit to be made for filing of appeal before
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Goods and Services Tax – Apportionment of tax and settlement of funds. – Section 17 of the IGST ACT, 2017 as amended. – TMI Updates – Highlights
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Goods and Services Tax – Place of supply of services where location of supplier or location of recipient is outside India. – Section 13(3) of the IGST, 2017 as amended – Performance based service – Im
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Goods and Services Tax – Place of supply of services where location of supplier and recipient is in India – Section 12(8) of the IGST ACT, 2017 as amended – GTA – where the transportation of goods is
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Goods and Services Tax – Intra-State supply. – Section 8 of the IGST ACT, 2017 as amended – Meaning and scope of establishments of distinct persons with state – the term being a business vertical omit
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Goods and Services Tax – Levy and collection. – Section 5(4) of the IGST ACT, 2017 as amended – Revers Charge mechanism – TMI Updates – Highlights
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Goods and Services Tax – Definitions. – Section 2(16) of the IGST ACT, 2017 as amended – Meaning and scope of of the term non-taxable online recipient extended to the Panchayat under article 243G – TMI Updates – Highlights
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Goods and Services Tax – Definitions. – Section 2(6) of the IGST ACT, 2017 as amended – Receipt of export proceeds in Indian Rupees if permitted by the RBI, shall be eligible for satisfaction of condi
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Goods and Services Tax – Crediting proceeds of cess to Fund – Section 10 of the GOODS AND SERVICES TAX (COMPENSATION TO STATES) ACT, 2017 as amended. – TMI Updates – Highlights
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Goods and Services Tax – Calculation and release of compensation. – Section 7 of the GOODS AND SERVICES TAX (COMPENSATION TO STATES) ACT, 2017 – Name of CBEC changed to CBIC – TMI Updates – Highlights
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Goods and Services Tax – Order of utilisation of input tax credit. – Section 9B of the UTGST ACT, 2017 – New section inserted. – TMI Updates – Highlights
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Goods and Services Tax – Utilisation of input tax credit. – Section 9A of the UTGST Act, 2017 – New Section inserted. – TMI Updates – Highlights
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Goods and Services Tax – Payment of tax. – Section 9 of the UTGST Act, 2017 as amended. – TMI Updates – Highlights
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Goods and Services Tax – Levy and collection. – Section 7 of UTGST Act, 2017, as amended – TMI Updates – Highlights
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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 1-9-2018 – Advance rulings are important in any tax law as it provides a forum for clarification and possible interpretation of statutory provisions. Moreover, it conveys the legislative intention from the revenue s view point. Provisions of advance ruling are contained in section 95 to 106 of CGST Act, 2017 and State / UT GST enactment. Rules 103 to 107 of also provide for forms, manner, certification etc. The Authority for Advance Rulings (AAR) have been set up in all the states and we have now over 100 advance rulings on different issues already pronounced by various State Authorities. The appellate mechanism for filing appeals against AAR rulings is also in place and we have about ten such appellate orders already pronounced. One major issue presently being faced is about multiple authorities (equal to number of States), each pronouncing a ruling of its own even if the matter is covered by some other State AAR s rul
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m 14-11-2017 onwards, the products would be covered under schedule entry 1 of Notification No. 1-Integrated Tax (Rate). [In re Ahmednagar District Goat Rearing & Processing Co-op Federation Ltd., 2018 (5) TMI 1393 – AUTHORITY FOR ADVANCE RULING – MAHARASTRA ]. Advance Ruling on Classification of Goods AAR ruled that preparations for the care of the skin namely, Rupam (Pimple Pack) and Pailab (Anti-Crack Cream), in the list submitted by the Applicant of the Application are classifiable as Medicament under Heading 3004 of the Customs Tariff Act, 1975. Preparations listed as Swamajyoti, Sunayana and Tarumitra-60 have not yet come into existence, and, therefore, no rulings are pronounced on their classification. The remaining products mentioned in the list submitted by them are not offered primarily as medicaments and, therefore, not to be included under Heading 3004. This ruling is valid subject to the provisions under Section 103(2) until and unless declared void under Section 104(1)
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004, except when it is specifically included in Heading 3304. In this case, all preparations manufactured by applicant were skin care products manufactured under valid drug license and following the formula prescribed in the authoritative textbooks of Ayurveda. A few ingredients added for preservation of quality is not relevant to decide their Ayurvedic nature. It has to be seen as to whether customer is purchasing product with same belief as manufacturer is selling. [In re Akansha Hair & Skin Care Herbal Unit Pvt. Ltd. 2018 (4) TMI 811 – AUTHORITY FOR ADVANCE RULING , WEST BENGAL ]. Advance Ruling on carry forward of input tax credit of Krishi Kalyan Cess In the pre-GST regime, the assessee was registered as Input Service Distributor (ISD) for its Head Office to distribute eligible credit to its respective manufacturing units. The assessee wanted to carry forward the accumulated credit of Krishi Kalyan Cess (KKC)appeared in service tax return on June 30, 2017 to the electroni
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is carried forward in the electronic credit ledger maintained by the company under CGST Act, 2017, will not be considered as admissible input tax-credit. [In re Kansai Nerolac Paints Ltd. (2018) 5 TMI 458 (AAR-Maharashtra); ]. Being aggrieved, the applicant preferred an appeal u/s 100 of the GST law before Appellate Authority for Advance Ruling (AAAR) which approved the aforementioned ruling of AAR by passing an order u/s 101 of the GST law. The AAAR examined the erstwhile Cenvat Credit Rules, 2004 and formed a view that KKC could be utilized towards payment of KKC only. The KKC cannot be adjusted or cross utilized against the payment of excise duty or service tax. It was made expressly clear that Cenvat credit of input duty specified in the rule 3 i.e. excise duty, additional excise duty cannot be utilized for payment of KKC. Similarly the Cenvat credit in respect of KKC could not be utilized for payment of excise duty or service tax. It could be utilized only for payment of KKC. Thu
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GST – States – 22T of 2018 – Dated:- 1-9-2018 – Office of the Commissioner of State Tax, (GST), 8th floor, GST Bhavan, Mazgaon, Mumbai-400010. TRADE CIRCULAR To, ………………………… ………………………… No. JC/HQ-I/GST/Refund/Trade Circular/01/2017-18 Mumbai, Date: 01/09/2018 Trade Cir. No. 22 T of 2018 To, ………………….. – Subject : Processing of final refund under the GST. Ref. (1) Trade Circular No. 49 of 2017 dated 28th Nov. 2017. (2) Internal Circular No. 24A of 2017 dated 11th Dec. 2017. (3) Internal Circular No. 27A of 2017 dated 30th Dec. 2017. (4) Trade Circular 1T of 2018 dated 1st Jan. 2018. (5) Trade Circular No. 8T of 2018 dated 21st Feb. 2018. (6) Trade Circular No. 17T of 2018 dated 2nd June 2018. (7) Internal Circular No. 19A of 2018 dated 18 July 2018 Sir/Gentlemen/Madam, 1. Background: 1.1. Your attention is invited towards the Trade and Internal Circulars cited at Ref. above, issued to explain procedur
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ed. 1.3. On this background, refund claimed or granted erroneously necessitates the initiation of proceedings for Demand and Recovery under appropriate provisions of GST law. 1.4. For aforesaid reasons an Internal Circular 19A of 2018 dated the 18th July 2018 was issued and certain instructions/guidelines were given so as to examine the availment and utilization of Input Tax Credit by the taxable person who has filed refund application. 1.5. In continuation of the said Internal Circular, it has, now, become imperative to issue certain instructions with regards to the procedure to be followed for verification of availment of input tax credit, rejection of refund, re-credit of rejected refund, initiation of Audit proceedings and subsequent actions for raising demands and recovery of the same. 1.6. As explained above, the Internal Circular 19A of 2018 dated the 18th July 2018 had outlined the procedure for verification input tax credit vis-à-vis its admissibility/non-admissibility
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Act and rules made thereunder 2. PART-B Quantification of eligible and in-eligible refund amount, and further process in this behalf. PART-A Legal aspects about the admissibility or in-admissibility of ITC under MGST Act and rules made thereunder: 1. Verification of refund claim and related documents: 1.1. It may be worth to note that the Refund application in FORM-GST RFD-1A, debit entry in the Electronic Credit Ledger/Cash Ledger (wherever required), GSTR-3B, GSTR-1, tax invoices and autodrafted invoice level inward supplies details in FROM-GSTR-2A are vital and primary documents that facilitates determination of the eligible amount of refund under SGST Act/CGST Act/IGST Act/Cess Act. 1.2. Among aforesaid documents, the applicant is required to submit along with refund application in FORM-GST-RFD-01A with requisite declarations and undertakings, the tax invoices, Statement in Proforma (in Excel) attached to Internal Circular 19A of 2018 dated 18th July 2018 and soft copy of latest GS
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It may be noted that the GSTR-2A has been made available on the SAP portal. For accessing said GSTR-2A and more details please refer USER MANUAL available on the SAP portal. 1.6. On this backdrop, to determine the refund amount correctly, the Nodal Officer shall adhere to the procedure given in earlier Circulars and verify the documents and GSTR-1, GSTR-2A, GSTR-3B and FORM-GST-RFD-1A and all the documents mentioned in those Circulars, carefully and collate all the information contained therein and apply the appropriate provisions contained under section 16 to section 21 as also the formula given in rule 89(4) or 89 (5) of the MGST Rules. On careful examination of aforesaid, the Nodal Officer shall determine ITC that is: (1) Admissible (2) In-admissible or in-eligible (3) Un-match or mis-match 2. Legal provisions relating to availment of Input Tax Credit: 2.1. In order to decide the admissibility or in-admissibility or ineligible ITC, the provisions of section(s) 16 to 21 shall be take
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be entitled to take ITC upon receipt of last lot or instalment. (6) in case the tax payer has failed to pay to the supplier of goods or services both (except the supplies where tax is payable on reverse charge basis), the amount towards the value pf supply along with tax payable thereon within a period of 180 days from the date of issue of invoice by the supplier then such input tax credit may be taken once said outstanding payment is made to the supplier. (7) In case, the registered person has claimed depreciation in respect of the tax component of the cost of the capital goods and plant and machinery, as per the Income Tax Act, 1961, then the ITC in respect of said component of tax shall not be allowed. So as to ascertain this, the Nodal Officer need to raise specific query to the tax payer and ask for the explanation in this behalf. The ITC claimed under this scenario is in-eligible/in-admissible. In other words, no refund is available in respect of such ITC; even in the cases where
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entitled to take the input tax credit in respect of the goods or services or both that are used for other than the business purposes or are used for making the exempt supplies. (c) On this basis, admissibility or in-admissibility of the input tax credit shall be determined proportionately. For this purpose, please visit the provisions given in rule 42 and 43 of the MGST Rules. (2) Banking company or a financial institution including a nonbanking financial company: (a) Banking company or a financial institution including a nonbanking financial company (for short Banking Company ) that is engaged in supplying services by way of accepting deposits, extending loans or advances. As the majority of the supply of Banking Company relates to accepting deposits, extending loans or advances, which is exempted from the GST (Notification No. 12/2017-Entry-27 Service Code9971). In order to facilitate better compliance, Banking Company, may exercise the options as given below: (i) either comply with
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are having the same PAN. The aforesaid restriction of 50% ITC is not applicable. (3) In addition to the aforesaid aspects, it may be noted that the registered taxable person shall not take credit of input tax in respect of the contingencies given in clause (A) to (I) below: – (A) motor vehicles and other conveyances except when they are used for making the following taxable supplies, – of such vehicles or conveyances; or of transportation of passengers; or for imparting training on driving, flying, navigating such vehicles or conveyances; (B) motor vehicles and other conveyances for transportation of goods; (C) the following supply of goods or services or both- (i) food and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery except where an inward supply of goods or services or both of a particular category is used by a registered person for making an outward taxable supply of the same category of goods or services or both or as an element of a
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ch goods or services or both are used in the course or furtherance of business. • the expression construction includes re-construction, renovation, additions or alterations or repairs, to the extent of capitalization, to the said immovable property; (F) tax paid in respect of supplies received from the tax payer who opts to pay an amount in lieu of tax under composition as per section 10 of the MGST Act (G) goods or services or both received by a non-resident taxable person except on goods imported by him; (H) goods or services or both used for personal consumption; (I) goods that are lost, stolen, destroyed, written off or disposed of by way of gift or free samples; and 2.4. The availability of credit is also dependent on the conditions and restrictions given in section 18, the important provisions are discussed in the TABLE below, – Sr.No. Conditions and restrictions Availability of input tax credit Inputs in column (c) are held (a) (b) (c) (d) (1) taxable person has applied for
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h he becomes liable to pay tax at normal rate. input tax credit shall be available as determined under rule 44 of MGST Rules. (4) Where an exempt supply of goods or services or both by a registered person becomes a taxable supply. Section 18(1)(d)] in respect of inputs held, – (i) in stock and (ii) inputs contained in semi-finished or finished goods held in stock and on capital goods exclusively used for such exempt supply. on the day immediately preceding the date from which such supply becomes taxable the set-off on the Capital Goods is to be reduced as provided in rule 40(1(iv). (5) A registered person in respect of supply of goods or services or both to him after the expiry of ONE year from the date issuance of tax invoice relating to said supply shall not be entitled to claim ITC in aforesaid circumstances. [Section 18(2)] 2.5. In addition to the conditions and restrictions for availment of input tax credit, explained above, there are certain other contingencies given in section 1
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tronic credit ledger equivalent to the credit of input tax held, – in stock and inputs contained in semi-finished or finished goods held in stock and on capital goods on the day immediately before the day on which option is exercised. the credit in respect of capital goods shall be reduced as given in rule 44(3) of the MGST Rules. it may be noted that any balance remaining in the electronic credit ledger after payment as aforesaid shall lapse. (3) (a) In case of supply of capital goods or plant and machinery, on which input tax credit has been taken, (b) where refractory bricks, moulds and dies, jigs and fixtures are supplied as scrap, [Section 18(6)] shall pay on transaction value as determined under section 15, an amount equal to the input tax credit taken on the said capital goods or plant and machinery the credit in respect of capital goods shall be reduced as given in rule 44(3) of the MGST Rules. 2.6. To determine the admissibility of ITC the provisions of section 19 relating to
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also been explained vide Trade Circular 17 T of 2018 issued on 2nd June 2018. Therefore, when the applicant files application for refund of accumulated ITC then the Nodal Officer shall not allow the refund on account of Transitional ITC taken into Electronic Credit Ledger under the GST. PART-B Quantification of eligible and in-eligible refund amount, and further process in this behalf. 1. The documents or information related to input tax credit that need to be verified and kept on record: For quantification of eligible or in-eligible refund the Nodal Officer shall verify the following documents or information: 1.1. Physical copies of the inward supply tax invoices submitted by the refund applicant; 1.2. As explained in Internal Circular 19A of 2018 dated 18th July, 2018, an auto-drafted GSTR-2A for the period corresponding such claim and containing the details of the invoices for inputs or input services or, as the case may be the capital goods, shall be made available by the tax paye
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r shall also be taken into account while determining the match, un-match or mis-match in the input credit availed by the refund applicant and that is passed on by the supplier. Example: (a) Recipient M/s ABC has filed the refund application for ₹ 1,00,000/- for the month of December-2017 having monthly periodicity of filing GSTR-1. (b) M/s ABC has received the inward supply from the supplier, – M/s XYZ whose frequency of filing return is monthly. He has supplied the goods through 4 invoices. However, while filing GSTR-1 he has missed one invoice and for one invoice ITC passed on is wrongly stated i.e. instead of say Rs, 500 of SGST and CGST credit each it has shown ₹ 300 each. M/s XYZ has amended the one invoice in the month of February-2018 and shown the correct credit passed on at ₹ 500/- CGST and SGST each. M/s XYZ has added the missed invoice in the month of April-2018. (c) In this case, the Nodal Officer is required first to confirm the mismatch or the un-match q
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the 18th July 2018. 1.7. Further, in case the input tax credit claim pertains to the IGST on account of import of goods then the tax payer may be asked to produce the information in following format with the copies of the Bill of Entries filed while clearing the goods for home consumption: Sr. No. B.E. No. Date of B. E. C.I.F. Value Basic Custom Duty paid Integrated tax paid 1.8. In case the input tax credit claim pertains to the IGST on account of import of services then the tax payer may be asked to produce the information in following format: Sr. No. Country of Import Invoice No. Invoice Date Tax rate (%) Total Invoice Value Total Taxable Value IGST CESS 2. Verification of tax invoices for inward supply, details of GST paid on reverse charge mechanism and other relevant documents: 2.1. Scrutiny of refund application, ARN receipt, Statement under rule 89 and Tax invoice etc. (1) Upon receipt of the Refund Application in FORM-GST-RFD-01A, ARN receipt and relevant Statement depending
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nput tax credit in relation to these non-filers shall not be allowed. (5) In case of refund is on account of availment of IGST credit from the supplier who is located in other State and who has not filed the GSTR-3B or GSTR-1 or both, then recipient may be asked to pursue the supplier to make this default good. (6) The Nodal Officer shall ensure that the tax invoices submitted by the tax payer meets all the requirements given in rule 46 and rule 48 of the MGST Rules. Verification of inward supply tax invoices shall be carried out properly, (7) The verification of the outward supplies including confirmation of export from ICEGATE shall be done before grant of 90% refund. 3. Claim of refund and cross-checking of the Input Tax Credit availed or utilized: 3.1. Verification of GSTR-RFD-01A, GSTR-3B and GSTR-2A: (1) As explained above, the verification of aforesaid application/returns shall be carried out with appropriate reconciliation. (2) It is necessary to compare the ITC claimed in GSTR
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ces with or without payment of IGST need to be verified and confirmed on the basis of the export/supply related documents including the Foreign inward remittance Certificate/Bank Reconciliation Certificate etc. The aspects of verification of outward supply i.e. the deemed exports, supplies having inverted tax structure including supplies made to merchant exporters with 0.05% SGST/CGST or 0.1% IGST had been elaborately explained in the Circular(s) issued from time to time, in this behalf. (2) In short, this Circular refers to the outward supply in the limited context of determination of the output liability or, as the case may be, confirming the nature of outward supply more particularly exports, inverted tax structure or the deemed exports. (3) On carrying out the verification as above, the eligible amount of refund need to be determined on the basis of the nature of refund viz. refund on account of IGST paid on export of services, refund of accumulated credit on account of export of g
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amended. The effect of 1st July 2017 to the said subrule was given vide notification No. 26/2018 State Tax dated 21-06-21018. (c) The new formula made applicable retrospectively with effect from 1st July 2017, is as under: Maximum Refund Amount = {(Turnover of inverted rated supply of goods and services) x Net ITC ÷ Adjusted Total Turnover} – tax payable on such inverted rated supply of goods and services. • Net ITC shall mean input tax credit availed on inputs during the relevant period other than the input tax credit availed for which refund is claimed under sub-rules (4A) or (4B) or both; and • Adjusted Total turnover shall have the same meaning as assigned to it in sub-rule (4).] (d) As appears from the aforesaid formula now the turn-over of supply of goods and services is required to be taken into account for determination of maximum amount of refund. Further, the term Net ITC after amendment includes ITC on account of inputs [as defined under 2(59)] i.e. inputs
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this showcause in FORM-GST-RFD-08 need to issued. On receipt of reply in FORM-GST-RFD-09 which in case, in the opinion of the Nodal Officer is deficient in compliance, then such balance refund shall be rejected and refund rejection order in FORM-GST-RFD-06 shall be issued. (4) However, in the cases where the refund relating to the inverted duty structure, on account of supplies made to SEZ developer or unit or refund on account of deemed export is pending as on the date of issuance of this Trade Circular then is all such cases the refund shall be granted only after undertaking the Audit as contemplated under section 65 of the MGST Act. (5) The refund rejected as above shall be re-credited and for this the order in FORM-GST-1B shall be issued along with issuance of FORM-GST-PMT-03. 4. Initiation of Audit proceedings as per section 65 of the MGST Act: 4.1. Circumstances under which the Audit proceedings need to be issued: (1) Audit as per provisions of section shall be initiated in all t
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tion of Audit proceedings: (1) The section 65 of the MGST Act empowers the tax authorities to undertake the Audit. In order to conduct the Audit under this section the Commissioner of State tax, Maharashtra State, is empowered to provide the criteria for selection of the cases for Audit under section 65 of the MVAT Act. (2) For initiation of Audit proceedings, the Nodal Officer shall issue a notice in FOR-GST-ADT-01. The Nodal Officer, depending upon the record to be verified may decide as to whether the Audit to be carried out at the business premises of the tax payer or at the office of the concerned Nodal Officer. The place at which the Audit is to be carried out shall be expressly marked in the said Notice. (3) The Nodal Officer while fixing the date on which the Audit is to be carried out shall give clear15 days time period. The Audit Notice shall also mention the record to be verified. Notice for Audit may be given in respect of all the refund application for a financial year. 4.
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to be considered while issuing the Show-cause Notice for Demand and recovery of the refund granted erroneously or ITC availed/utilized wrongly etc. : 5.1. Legal provisions: Section 73 of MGST Act, provides for determination of tax not paid or short paid or erroneously refunded, input tax credit wrongly availed or utilized for any reason other than fraud or any willful mis-statement or suppression of facts. 5.2. Whereas, the section 74 provides for determination of tax not paid or short paid or erroneously refunded input tax credit wrongly availed or utilized by reason of fraud or any willful misstatement or suppression of facts. 5.3. Thus depending upon the nature of demand and recovery the provisions of section 73 or section 74 need to be used. 5.4. Issuance of Show-cause notice: (1) Show Cause Notice (for short SCN ) is the starting point of legal proceedings against the tax payer. It lays down the entire framework for the proceedings that are intended to be undertaken and therefore
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(d) Discussion, facts and legal frame work relating thereto (e) Discussion on Limitation period (f) Calculation of additional tax and other amounts due such as interest, penalty etc. (g) Statement of charges-exact nature of violation of law, rules or safeguards etc. (h) Service of Show Cause Notice and documents and evidences relied upon. (i) Filing of Written submissions by the Tax payer and evidences supported. (j) Personal hearing (k) Record of personal hearing: (l) Analysis of issues: (m) Body of the order: (n) Quantification of demand and issuance of Demand Notice in FORM-GST-DRC-07. (2) The show cause notice under section 73(1) or the section 74(1) shall be in FORM-GST-DRC 01. (3) The statement under 73(3) or the section 74(3), a summary thereof be issued in FORM-GST-DRC-02, specifying the details of the amount payable (4) In case before the service of notice (i.e. FORM-GST-DRC-01) or statement (FORM-GST-DRC-02) the person chargeable with tax discharges the liability voluntarily
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nal tax liability during the course of verification or thereafter, the taxpayer shall reply to the show cause notice in FORM-GST-DRC-06. [Please see per rule 142 (4)]. (7) The Nodal Officer/Proper Officer, after considering the representation made by the taxpayer, shall upload electronically the order in FORM-GST-DRC-07 [as given in rule 142 (5)], specifying the amount of tax, interest and penalty payable so that liability ledger of the taxpayer gets updated accordingly. (8) The proper officer may for the purposes given in section 161 of the MGST Act, pass rectification order in FORM-GST-DRC-08 [as per rule 142 3. This Trade Circular is clarificatory in nature and hence cannot be made use of for interpretation of provisions of the law. Difficulty if any, in the implementation of this Circular may be brought to the notice of the office of the Commissioner of State Tax, Maharashtra. Yours faithfully, (Raji JaIota) Commissioner of State Tax (GST) Maharashtra State, Mumbai. No. JC/HQ-1/GST
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GST – States – 23A of 2018 – Dated:- 1-9-2018 – Office of the Commissioner of State Tax (GST), Maharashtra State, 8th Floor, GST Bhavan, Mazgaon, Mumbai-400 010. INTERNAL CIRCULAR (RESTRICTED CIRCULAR FOR OFFICE USE ONLY) No. JC/HQ-I/GST/TRAN-1/01/2017-18/ADM-8 Mumbai, Date: 01/09/2018 Internal Circular No. 23A of 2018. To, ………………….. – Subject : Verification of Transitional Credit (TRAN-1) claimed under GST in Electronic Credit Ledger. Ref. : Internal Circular No. 1A of 2018 dated 1st January 2018 1. Background: 1.1. An Internal Circular cited at Ref. above was issued to explain briefly the methodology to be followed to verify the transitional credit under existing laws taken to GST Electronic Credit Ledger, as per the provisions of section 140 and 142 of the Maharashtra Goods and Services Tax Act, 2017 (hereinafter referred to as MGST Act ). The rule 117 and 118 of the Maharashtra Goods and Services Tax Rules, 2017 (hereinafter referre
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ning to the Central Excise Act or, as the case may be, the Service Tax Act. 1.4. As you all are aware that the date for submission or revision of FORM-GST-TRAN-1 at GSTN portal was finally extended to the 27th December 2017. Thus, the tax payers who have taken transitional credit into Electronic Credit Ledger that was pertaining to the MVAT Act or the Entry Tax Act, may have already filed the TRAN-1 and may have adjusted the said credit towards the output liability or may have claimed refund of the same on account of export of goods/services against the payment of Integrated Tax. Therefore, all the Nodal Officer shall forthwith undertake the analysis to identify such tax payers on the basis of the details furnished in FORM-GSTTRAN-1 and collate the same with the information of TRAN-1 credit provided by the Economic Intelligence Unit. 1.5. In case, the verification of TRAN-1 credit has remained incomplete, the same shall be completed on or before 25th September 2018. The report in this
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said tax payer has furnished all the returns for the period from January-2017 to June-2017 under existing laws i.e. VAT, Entry Tax, Sugarcane purchase Tax etc.; (c) that the units under PSI Scheme have not claimed the set-off or, as the case may be, refund under rule 79 of the Maharashtra Value Added Tax Rules, 2005. 3.2. The registered taxable person may take into Electronic Credit Ledger under GST, the amount of excess credit carried forward in the return filed for the period ending June-2017. The Input Tax Credit, taken to the Electronic Credit Ledger, under this contingency shall not exceed the amount of excess credit carried forward shown in the return filed for the period ending June-2017. 3.3. Further, the input tax credit as attributed to the inter-State sales, Branch Transfer/Consignment Transfer, or deemed export, sales to Special Economic Zone and where declarations or certificates i.e. Form-C, Form-F, Form-H, and Form-I as provided under the Central Sales Tax Act, 1956 has
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attributable to such declarations or certificates that have not been received. (3) In other words, the example given below, the combined effect would be that the tax payer would be entitled to take the credit of such excess set-off claimed in return for the period ending June2017 to the extent of ₹ 3,50,000/- and not at ₹ 10,00,000/- i.e. as credit disclosed in the said return would be reduced by ₹ 6,50,000/- on account of non-receipt of the declarations/certificates against which the transactions are subjected to reduced rate or the NIL rate of tax. (4) The details of value of transactions and Form-type and amount of ITC attributable to such sales is given in the TABLE-1 below: TABLE-1 Sr. No. Category of Sales where Forms are not received (Rs.) Form Type Amount of ITC attributable to such sales Amt. in Rs. (a) (b) (c) (d) 1. 10,00,000 Inter-State Sales -Form-C 1,00,000 2. 15,00,000 Branch Transfer/Consignment Transfer Form-F 1,50,000 3. 5,00,000 Penultimate export F
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r this category is claimed in the FORMTRAN-1 TABLE as shown below: 5(a)-Amount of credit carried forward to Electronic Credit Ledger as State tax (Section 140(1) and 140(4)(a)]; 5(b)-Details of statutory forms received for which credit is being carried forward. (It may be kept in mind that the information in respect of Statutory forms and declarations is to be given starting from 1st April 2015 and ending on 30th June 2017. 5(c)- Amount of credit carried forward to Electronic Credit Ledger as State tax. The details with regards to turn-over of sales/transfer etc. vis-à-vis form pending is given in this Table. This information is also required to be given starting from 1st April 2015 to 30th June 2017. 3.7. In case, after verification of the details as aforesaid or from the data communicated by EIU, the Nodal Officer has noticed that the tax payer has claimed excess credit in the Electronic Credit Ledger visà-vis amount in the return for period ending June-2017, then the N
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return filed for the period ending June-2017. In case it is noticed so then the refund application need to be rejected. It may be case that the refund is processed and disbursed to the said tax payer, then such tax payer shall be advised to reverse the TRAN-1 credit so claimed, in the return GSTR-3B for the subsequent period. 4. Sub-section (2) of section 140- Unavailed Input Tax Credit in respect of Capital Goods: 4.1. This sub-section provides that the tax payer may take into Electronic Credit Ledger the un-availed credit in respect of Capital Assets. You may recall that under the provisions of Central Excise Act the CENVAT credit relating to the capital goods was allowed in staggered manner. 4.2. However, these provisions are not applicable to MVAT Act as the full set-off/input tax credit in respect of Capital Goods was allowed to be claimed in the month in which such purchases are effected. 4.3. Therefore, under this sub-section the tax payer would not be entitled to take any MVAT
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nd 52B of the MVAT Rules, 2005) provided that no set-off in this situation is claimed by the tax payer albeit contrary to the provisions of aforesaid rules. 5.2. Entitlement of such credit to be taken into Electronic Credit Ledger is subject to the following conditions: (1) such inputs or goods are used or intended to be used for making taxable supplies under this Act; (2) the said registered person is eligible for input tax credit on such inputs under this Act; (3) the said registered person is in possession of invoice or other prescribed documents evidencing payment of tax under the existing law in respect of such inputs; and (4) such invoices or other prescribed documents were issued not earlier than twelve months immediately preceding the 1st July 2017 i.e. the tax Invoices relied upon this purpose pertains to period between the period July-16 and June-17. 5.3. The Input Tax Credit eligible to be taken to Electronic Credit Ledger is mentioned in the Table-7(a) and 7(c) of the FROM-
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ess credit of VAT then the tax payer may be advised to reverse the excess credit so claimed, in the return FORM-GSTR-3B filed for the subsequent month. 6. Sub-section (4) of section 140- Registered person engaged in the sale of taxable goods as well as exempted goods or tax free goods but these goods are liable to tax under the MGST Act shall be entitled to tax credit claimed in the Electronic Credit Ledger: 6.1. The sub-section (4) of section 140 is divided into 2 parts i.e. clause (a) and clause (b). (1) Clause (a): The tax payer is entitled to take the credit that is shown as excess credit carried forward in the return filed for the period ending June-2017. This aspect has already been explained in the preceding para s pertaining to credit claim under section 140(1) of the MGST Act. The Tax payer can claim said credit under Column 5(a) of the Table of FORM-GST-TRAN-1 (2) Clause (b): (a) The entitlement of credit under this clause is applicable to the tax payer who was engaged in the
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ld take place on or after 1st July 2017 and therefore, in respect of the aforesaid goods held in the stock, and there would be no reversal [as required under rule 53(8) of MVAT Rules] of the credit in the subsequent months as the supply of such goods would take place under GST era. (e) Under GST, in FORM-GST-TRAN-1, the tax payer can claim the credit of the said input tax, if any, in the Electronic Credit Ledger. (f) The Nodal Officer is required to verify as to whether the tax payer has taken the credit into Electronic Credit Ledger and ask the tax payer to submit the details in this respect. 6.2. On this backdrop, the tax payer shall be entitled to take credit of VAT and Entry Tax in respect of inputs held in the stock and inputs contained in semi-finished or finished goods held in the stock (not being immovable property) provided that it meet the necessary conditions given hereinabove as also the provisions of sub-section (3) of section 140 as discussed above. The details of such cr
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Officer need to verify the TRAN-1 details provided in Table 7(b) of FORM-TRAN-1 vis-à-vis invoices on the basis of which such credit is taken and the date of entry of such invoices into books of account. The Nodal officer need to ascertain as to whether the said goods are received within the time limit i.e. on or before 30th August 2017 or within such period as may be extended by the Commissioner of State Tax. 7.4. Any deviation or excess claim of credit which is taken in breach of aforesaid provisions need to be reversed. It may also be confirmed from the office of the concerned Joint Commissioner as to whether an extension is given. The details about such extension, if any, given by the Joint Commissioner, shall be kept on record. 7.5. In the event, the tax payer has claimed the said credit in breach of aforesaid provisions then the tax payer may be advised to reverse the said ITC through the return in FORM-GSTR-3B of the subsequent month for which the return is pending. 8. Th
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0 of MGST Act); (3) the said registered person is in possession of invoice or other prescribed documents evidencing payment of tax under the existing law in respect of such inputs; and (4) such invoices or other prescribed documents were issued not earlier than twelve months immediately preceding the 1st July 2017 i.e. the tax Invoices relied upon this purpose pertains to period between the period July-16 and June-17. 8.3. The tax payer is required to state the details regarding the inputs held in stock and VAT thereon in Column 7(c) of the Table of FORM GST-TRAN-1 indicating therein the value of the goods, VAT/Entry Tax paid, total input tax claimed under earlier law. 8.4. It may be noted that the builders who have opted for composition scheme for payment of VAT under the existing law i.e. either under section 42(3A) of MVAT Act, in such case, was not entitled to take input tax credit including the input tax credit relating to capital goods. Therefore, the builder paying tax under com
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ded in the MGST Act. (2) In other words, under the circumstances given in Para-(1) above, excess VAT credit shown as per the last VAT return i.e. for period ending June-2017 would be allowed to be taken into Electronic Credit Ledger as per the provisions of section 140(1) of the MGST Act. 8.6. Claim of Credit under section 140(6) of MGTS Act: (a) In case a builder was not paying the taxes as per rule 58 and instead had opted to pay fixed amount in lieu of VAT i.e. under Composition Scheme [Section 42(3A)] then, such builder would be entitled to take credit of VAT into Electronic Credit Ledger, in respect of inputs held in stock. (b) In order to determine the credit of VAT availability to the said Builder and Developer in respect of the inputs contained in semi-finished goods i.e. contained in work in progress; and inputs contained in finished goods, it is necessary to examine the provisions relating to the Inputs , Goods and section 140(6) of the MVAT Act. (c) Thus, the provisions of s
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nted day (d) From the above provisions it is clear that the Builder and Developer is entitled to take the credit of VAT into Electronic Credit Ledger in respect of the inputs held in the stock. However, to ascertain the availability of VAT credit in respect of inputs contained in semi-finished or finished goods one has to examine the definitions of the inputs and goods . 8.7. For better understanding these terminologies are examined below: 8.7.1. The section 2(59) of the MGST Act defines the term inputs meaning thereby any goods other than capital goods used or intended to be used by a supplier in course or furtherance of business. 8.7.2. The section 2(52) of the MGST Act defines the term Goods to mean every kind of movable property other than money and securities but includes actionable claim, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply. 8.7.3. The section 140(6) of the MGST Act refe
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nces, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass. 8.7.6. Thus from the above definition the things permanently attached to earth shall mean the immoveable property and hence Building or the work in progress i.e. the inputs contained in semi-finished or finished goods, will not get covered under the term goods as defined under the MGST Act and therefore, inputs that are in the nature of work-in progress i.e. contained in semi-finished and finished goods are not goods within the meaning and scope of the MGST Act. Due to the aforesaid reasons the tax payer shall not be entitled to claim the VAT credit in that respect. 8.7.7. To explain this, the provisions contained in SCHEDULE-II Paragragh-5(b) are reproduced below. It reads as under: 5. Supply of services The following shall be treated as supply o
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d in WIP as on 30.06.2017 is not admissible under the GST. Example: – (A) Credit entitlement in respect of inputs held in stock (1) Say builder ABC has undertaken construction of a residential complex comprising of 50 flats (Costing at about ₹ 50 Cr.), out of which 10 flats are sold to the prospective buyers and as on 1st July 2017 and the balance 40 flats have remained unsold. (2) The said builder has received the amount of ₹ 12.5 Cr. towards the sale of 10 flats. The bill in respect of an amount of ₹ 12.5 Cr. has also been issued prior to GST i.e. on or before the 30th June 2017. The amount of ₹ 12.5 Cr. received prior to the commencement of GST is liable to VAT. Thus, the Builder has also paid appropriate taxes under MVAT Act @ 1% under the Composition Scheme. (3) For better understanding, extent of the credit pertaining VAT available or not available in respect of inputs held in stock and inputs contained in semi-finished goods or finished goods, that may be
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ck (1) As explained in the Para-A above, in order to take the credit of VAT pertaining to inputs contained in semi-finished or finished goods held in stock as on 1st July 2017, into Electronic Credit Ledger, it shall be necessary that said credit of VAT pertains to the goods and as such the inputs contained in semi-finished or finished goods are work in progress and therefore are immoveable property. (2) It is necessary to determine the value that is attributable to inputs contained in semi-finished or finished goods where the VAT credit is not available for taking into Electronic Credit Ledger including the purchases of goods that is contained in work in progress, and the said goods are purchased within one year from the 1st July 2017 i.e. on or after 30th June 2016. (3) For the reasons stated in preceding Para s the Builder and Developer shall not be entitled to claim the credit of VAT pertaining the semi-finished and finished buildings treated as Work-in-progress. (4) Aforesaid aspe
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ment lying in stock as on 30.06.2017 @ ₹ 300 per Bag. 3000 9,00,000 1,21,500 (4) Proportionate value of cement contained in Work in Progress for 40 flats. 5000*40/50=4000. Cement pertaining to within one year and beyond one year. 4000 12,00,000 1,62,000 (5) Cement contained in semi-finished goods or finished goods in the under construction of 40 flats [2-3] (Where invoice date is within one year period i.e. after 1st June 2016) 2000 6,00,000 81,500 (6) Cement lying in stock as on 30.06.2017 @ ₹ 300 per Bag. 3000 9,00,000 1,21,500 (5) It is seen from the above Table that the transitional credit in respect of the opening stock of cement i.e. 2000 Bags held as on 01.07.2016 and which is contained in work in progress i.e. contained in the semi-finished goods or finished goods, shall not be available, as the invoices for the same would have been more than one-year-old. [Please see condition of section 140(6)(v)]. In other words, the transitional credit as shown in above Table fr
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e continued on or after 1st July 2017: 8.8.1. Meaning and scope of term Works contract under MGST Act: (1) Before touching the subject of the credit entitlement under section 142(11)(c) of the MGST Act, it would be useful to examine the definition of term works contract as defined under section 2(119) of the MGST Act. For better understanding the said definition is reproduced below: 2(119) 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 (2) It is clear from the aforesaid definition that unlike the MVAT law the works contract relates to only the contracts relating to the immoveable property and therefore will not cover the contract for undertaking works in relation to moveable pr
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nput tax credit. 8.8.2. Credit entitlement as per the provisions of section 142(11)(c) of the MGST Act: (1) It would be worth to examine the provisions of section 142(11)(c) of the MGST Act vis-à-vis liability to pay tax and credit entitlement under GST in respect of construction contracts that are continued on or after 1st July 2017. (2) The section 142(11)(c) reads as under:- where tax was paid on any supply, both under the Maharashtra Value Added Tax Act, 2002 and under Chapter V of the Finance Act, 1994, tax shall be leviable under this Act and the taxable person shall be entitled to take credit of value added tax or service tax paid under the existing law to the extent of supplies made after the appointed day and such credit shall be calculated in such manner as may be prescribed . (3) Thus aforesaid section provides that where the tax was paid on any supply both under the MVAT Act and under Chapter V if the Finance Act, 1994 then the tax is leviable under MGST Act, in resp
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registered or not. (6) For more clarity, you are requested to go through Notification No. Finance Department Notification No. VAT-1517/C.R.-57/Taxation-1 dated 26th May 2017 and the Trade Circular No. 18T of 2017 dated 31st May 2017. The Gist of the aforesaid notification and Trade Circular is given below: (a) the developer was required to compute the 1% composition amount in case of agreement for sale has not been registered till 31st May 2017 but the developer has received the advance. In such scenario the developer was given an option to pay the 1% of the Advance amount received on or before 31st May 2017. This payment was required to be made on or before 30th June 2017. (b) with effect from 1st June 2017 to 30th June 2017, the developer was required to pay 1% of the Advance Amount received irrespective whether the agreement is registered or not on or after 1st June 2017. This amount was required to be paid on or before 21st July 2017. (7) The section 42(3B) of MVAT Act was also am
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ay, on such supplies to which this provision is applicable and the amount of Tax Credit admissible thereon, which is to be carried forward. Explanation- The amount of tax credit admissible shall be the amount calculated under sub-clause (ii) of clause (b) of sub-section (3B) of section 42 of the Maharashtra Value Added Tax Act, 2002. . 8.8.3. In the light of the discussion aforesaid, in case of a developer where the contracts are continued on or after the 1st July 2017 and such developer desires to take the transitional credit in that respect, the developer was required to file FORM-GST-TRAN-1 on or before the due date i.e. 27th December 2017 and give the details in the column 7(c) of the TRAN-1. 8.8.4. Verification of the TRAN-1 Credit taken into Electronic Credit Ledger by the Developer: (1) For verification of the TRAN-1 credit that pertains to scenario where the construction activity is continued after the GST and the payment of tax under Composition Scheme of 1% is paid, it is nec
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Balance GST payable 8,00,000 9. Credit that may be taken into Electronic Credit Ledger (33% of 3 Lakh i.e. the supply taking place under GST) 99,000 10. GST payable 7,01,000 Transactions on or after 1st June 2017 and where the agreement for sale is not registered or not. Table-5 Sr. No. Particulars Amount in Rs. (1) Value of the flat (whether registered or not) 1,00,00,000 (2) Amount received to Developer 50,00,000 (3) Bill issued by the Developer 60,00,000 (4) VAT paid 1% on the advances received till 30th June 2017. 50,000 (5) Value of supply of construction service made on or after 1st July 2017 40,00,000 (6) Liability to pay GST 40,00,000*12% 4,80,000 (7) Less: Input tax credit available in respect of inward supplies received on or after the 1st July 2017 1,00,000 (8) Less: Credit of VAT in respect of inputs held in stock. 1,00,000 (9) Balance GST payable 2,80,000 (10) Credit that may be taken into Electronic Credit Ledger 0 (11) GST payable 2,80,000 9. Statutory actions to be ini
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said mis-match. (Where the credit is taken based on the excess credit claimed in return filed for period ending June-2017). (3) The Nodal Officer shall verify as to whether the tax payer has revised the return and increased the VAT credit amount carried forward. In such cases, the tax payer is entitled to claim the VAT credit that is carried forward in the Original return, In case such credit is as per the revised return then then the excess credit so taken under GST need to be reversed. The Nodal Officer for this purpose may issue notice in FOMR-603 under MVAT Act and ascertain the aforesaid factual aspects. (4) On the basis of the data provided by the EIU and that is available on the SAP portal under BI Launch pad under various reports, the Nodal officer shall take into account the available information and in case there is a mis-match then issue the notice in FORM-603 and call for the information in this respect. On receipt of the information, in case the excess credit is noticed th
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f the excess VAT Credit taken to the Electronic Credit Ledger the recovery action shall be initiated. 10. The Economic Intelligence Unit has already forwarded the data pertaining to the Transitional Credit claimed by the tax payer in TRAN-1. On aforesaid background, the Nodal Officer, shall undertake the verification of TRAN-1 credit claimed by the tax payer. For verification of the TRAN-1 credit, instruction given in Internal Circular 1A of 2018 dated 1st January 2018, more specifically in Para-2.4.3, need to be followed. 11. All the Additional Commissioner of State Tax and concerned Joint Commissioner of State Tax shall ensure that the verification of TRAN-1 credit is monitored effectively. It shall also be ensured that the assigned cases for verification of TRAN-I credit shall in no case remain un-attended. Additional CST shall take weekly review of the said exercise. 12. Difficulty, if any, in the implementation of this Internal Circular may please be brought to the notice of the o
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2018 (10) TMI 1045 – AUTHORITY FOR ADVANCE RULING, RAJASTHAN – 2018 (18) G. S. T. L. 637 (A. A. R. – GST) – Classification of goods – rate of GST – Ramming Mass used in lining of induction furnace – crushed quartz stones used in lining of furnace through claimed as not containing Boric Acid – applicant presently is paying GST @ 18% on Ramming Mass manufactured and supplied by them and classifying them under HSN 3816 – whether impugned goods classified under CETH 2506 or under CETH 3816?
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Held that:- The issue was deliberated in the Conference where, two heads of classification viz., CETH 2506 and 3816 were discussed in case of the product Ramming Mass of the kind obtained by crushing/ grinding and mixing of quartz and quartzite minerals of different sizes and where no external binders are added to such mixture – It was noted that explanatory notes to the HSN of Heading 3816 covers certain preparations (e.g. for furnace linings), with an added refractor binder – Many of the produc
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s falls under HSN code 2806 and would attract 5% rate of tax under GST (2.5% CGST + 2.5% SGST) – RAJ/AAR/2018-19/15 Dated:- 1-9-2018 – NITIN WAPA, AND SUDHIR SHARMA Present for the applicant: Mr. Keshv Maloo (Authorized Representative) Note: Under Section 100 of the CGST & RGST Act 2017, an appeal against this ruling lies before the Appellate Authority for Advance Ruling constituted under section 99 of CGST & RGST Act 2017, within a period of 30 days from the date of service of this order. The Issue raised by the applicant is fit to pronounce advance ruling as it falls under ambit of the Section 97 (2) (a), it is given as under: (a) Classification of goods / or services or both. Further, the applicant being a registered person, GSTIN is 08AAECR5585Q1ZG, as per the declaration given by him in Form ARA-OI, the issue raised by the applicant is neither pending for proceedings nor proceedings were passed by any authority. Based on the above observations, the application is admitted
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m -125mm which is followed by secondary crushing which is carried out in Granulator where stones obtained from Jaw Crusher is reduced further to 30mm-35mm. d. The granules obtained from above process of crushing is stored in Slip-Buffer Storage from where they are fed into Vertical Shaft Impactor where final crushing takes place to reduce the stone size to 1mm to 7mm. e. The stones are then separated into different Silo according to their size through a Magnetic Separator. This is done through 3 sets of Vibrators. f. Now comes the final stage of manufacturing where the most important ingredient i.e. Boric acid is mixed in the ratio of approx 0.8% to 2% into the stones/ granules of quartz through Electronically Controlled Mixing which acts as a binding material to bind the granules/ stones. g. After mixing of Boric Acid the final product i.e. Ramming Mass gets ready which is then manually inspected to check the particle size ratio followed by Quality Check in Testing Lab from where it i
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plicant has sought classification of material if it is a crushed quartz stone and used by recipient as refractory material in lining of induction furnace where as technical fact is that without mixing boric acid, crushed quartz stone cannot be used as refractory material. It may be a case of wrong declaration. However, this is a usual business practice in industry & classification is done in HSN 2506 with 5% GST (CGST+SGST). 3. In case of applicant the quartz stone is mixed with the Boric acid which becomes a refractory material and is classified under HSN 3816 in Schedule III chargeable to 18% GST. 4. Further applicant has stated that other big manufactures in the industry engaged in the manufacture of Ramming Mass such as TRL Krosaki Refractories Ltd (Formerly TATA Refractory s Ltd) are also paying GST@ 18% on Ramming Mass supplied by them. 5. In view of the above facts the applicant s has correctly classified the Ramming Mass and is paying 18% GST on same 4. Personal Hearing (PH
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a) Dealer is a manufacturer of Ramming Mass. Ramming Mass is used as a refractory material for lining of induction furnaces to withstand very high temperatures. b) Dealer manufactures Ramming Mass by mixing Quartz granules of various sizes with minor ratio of boric acid which in turn acts as binding material to bind quartz powder. c) Major component of Ramming Mass is Quartz granules in unison with boric acid which is mixed in a ratio of 0.8% to 2%. d) Ramming Mass so manufactured are classified as Refractory Material which falls under HSN code 3816 and attracts 18% rate of tax under GST (9% CGST + 9% SGST). e) Quartz powder obtained by crushing Quartz stones fall under HSN code 2806 and attracts 5% rate of tax under GST (2.5% CGST + 2.5% SGST). f) CBEC Released Minutes of Excise Tariff Conference held on 28 and 29 October 2015 B.5 – Ranchi Zone – Classification – Classification of Silica Ramming Mass under Chapter Heading 3816 of CETA, 1985. Issue: A large number of units situated in
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xing of quartz and quartzite minerals of different sizes and where no external binders are added to such mixture. It was noted that explanatory notes to the HSN of Heading 3816 covers certain preparations (e.g. for furnace linings)…, with an added refractor binder …. Many of the products of this heading also contain non-refractory binders such as hydraulic binding agents, therefore, to qualify for classification under heading 3816, refractory binder is required to be added to such powdered (grained quartz/ quartzite mixture. Since no refractory binder is added to the impugned product, the same is not covered under heading 3816. This view is reinforced by the Tribunal in the case of M/s. Mayur Chemicals Industries [2001 (136) ELT 1389] =1990 (1) TMI 234 – CEGAT, NEW DELHI upheld by the Hon ble Supreme Court. Based on above facts along with provision of law the ruling is as follows: RULING a) Ramming Mass which is a Refractory Material, is classifiable under HSN code 3816 and would a
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Goods and Services Tax – GST – Dated:- 31-8-2018 – Government has notified the following GST (Amendment) Acts, 2018 as on 30-8-2018 after assented by the President as on 29-8-2018 Union Territory Goods and Services Tax (Amendment) Act, 2018 Goods and Services Tax (Compensation to States) Amendment Act, 2018 Integrated Goods and Services Tax (Amendment) Act, 2018 Central Goods and Services Tax (Amendment) Act, 2018 Note:- 1. Some amendments are effective from 1.7.2017 2. Government may appoint d
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Section 49B – Acts – PAYMENT OF TAX – CENTRAL GOODS AND SERVICES TAX ACT, 2017 – Section 49B – 1[Order of utilisation of input tax credit. 49B. Notwithstanding anything contained in this Chapter and subject to the provisions of clause (e) and clause (f) of sub-section (5) of section 49, the Government may, on the recommendations of the Council, prescribe the order and manner of utilisation of the input tax credit on account of integrated tax, central tax, State tax or Union territory tax, as th
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Section 49A – Acts – PAYMENT OF TAX – CENTRAL GOODS AND SERVICES TAX ACT, 2017 – Section 49A – 1[Utilisation of input tax credit subject to certain conditions 49A. Notwithstanding anything contained in section 49, the input tax credit on account of central tax, State tax or Union territory tax shall be utilised towards payment of integrated tax, central tax, State tax or Union territory tax, as the case may be, only after the input tax credit available on account of integrated tax has first bee
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Section 43A – Acts – RETURNS – CENTRAL GOODS AND SERVICES TAX ACT, 2017 – Section 43A – 1[Procedure for furnishing return and availing input tax credit
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Act.
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Section 9B – Acts – PAYMENT OF TAX – UNION TERRITORY GOODS AND SERVICES TAX ACT, 2017 – Section 9B – 1[Order of utilisation of input tax credit. 9B. Notwithstanding anything contained in this Chapter and subject to the provisions of clause (c) of section 9, the Government may, on the recommendations of the Council, prescribe the order and manner of utilisation of the input tax credit on account of integrated tax, central tax, State tax or Union territory tax, as the case may be, towards payment
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Section 9A – Acts – PAYMENT OF TAX – UNION TERRITORY GOODS AND SERVICES TAX ACT, 2017 – Section 9A – 1[Utilisation of input tax credit. 9A. Notwithstanding anything contained in section 9, the input tax credit on account of Union territory tax shall be utilised towards payment of integrated tax or Union territory tax, as the case may be, only after the input tax credit available on account of integrated tax has first been utilised towards such payment.] ****** Notes 1. Inserted vide Union Terri
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Goods and Services Tax – GST (Amendment) Acts, 2018 to amend CGST Act, IGST Act, Compensation to States Act and UTGST Act, got Presidential assent as on 29.8.2018 – TMI Updates – Highlights
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