INVOICE AGAINST DELIVERY CHALLAN

Goods and Services Tax – Started By: – SAFETAB LIFESCIENCE – Dated:- 4-7-2018 Last Replied Date:- 5-7-2018 – Dear Experts, Under GST act, issuing one single invoice for the goods the despatched vide more than one Delivery challans is permitted. – Reply By YAGAY and SUN – The Reply = Single Invoice against delivery challan would cover the delivery challan issued with in a month only. – Reply By Ganeshan Kalyani – The Reply = In GST, Delivery challan is a document issue in case of other than supp

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Rate of tax – nature of use – marine propeller, rudder set, stern tube set, propeller shaft and M.S. Shaft for couplings, used in fishing / floating vessels – taxable @5% IGST i.e. [SGST-2.5%; CGST – 2.5%].

Goods and Services Tax – Rate of tax – nature of use – marine propeller, rudder set, stern tube set, propeller shaft and M.S. Shaft for couplings, used in fishing / floating vessels – taxable @5% IGST

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GST @ ONE YEAR

Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 4-7-2018 – Goods and Services Tax was launched on the 1st July, 2017 in a majestic ceremony held in the Central Hall of Parliament on the midnight of 30th June, 2017. The first year has been remarkable both for the sheer variety of challenges that implementation of GST has thrown up and for the willingness and ability of policy makers and tax administrators to rise up to these challenges and respond befittingly. But more importantly, the first year of GST has been an example to the world of the readiness of the Indian taxpayer to be a partner in this unprecedented reform of Indian taxation. Accordingly, it was decided by CBIC that the 1st of July, 2018 shall be commemorated as GST Day . Before implementation of Goods and Service Tax (GST), Indian taxation system was a mix of central, state and local area levies. In the constitutional scheme, taxation power on goods was with Central Government but it was limited up to th

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ore to ₹ 91.38 lakh crore in GST regime. GST has improved tax revenue as well as tax compliance. Not only this, GST has been helpful in increasing income tax returns and direct tax revenue as well. Collection of GST revenue w.e.f 01.07.2017-30.06.2018 Tax for the Month Revenue (crores) July, 2017 ₹ 93,590/- August, 2017 ₹ 93,029/- September, 2017 ₹ 95,132/- October, 2017 ₹ 85,931/- November, 2017 ₹ 83,716/- December,2017 ₹ 88,929/- January,2018 ₹ 88,047/- Febuary,2018 ₹ 89,264/- March, 2018 Rs.1,03,000/- April, 2018 ₹ 94,016/- May, 2018 ₹ 95,610/- June, 2018 Collection figures NA as not due Journey in numbers so far Number of Taxes (CGST/IGST/SGST/UTGST) 4 Number of cess 1 New registration approved 47,94,828 Number of migrated taxpayers 63,76,767 Number of notifications issued 334 Number of circulars issued 53 Number of press release issued 170 Number of GST Council meeting 27 Number of returns filed till date 12 crores

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l continue to be simplified, rationalized and improved upon. After one year now, simplification of GST returns is being worked out and it is hoped that by this year end, we may have simplified as well as single GST return forms. Also, Government is expected to make change in the GST law which are essential for tax payer s facilitation. High tax on items which do not yield much revenue may be lowered. Presently more of tax is coming from handful of items and bulk of items yield a lower tax revenue. GST slab rates can also come down to three (presently four – 5, 12, 18 and 28 percent). GST Council meeting is expected to meet for 28th time in last one year on 21 July, 2018. While it is expected that GST procedures and implementation concerns are going to be simplified in next one year in the wake up of general elections in few states and Lok Sabha election in May, 2019, GST Council may dwell upon reduction of rates on few items from 28% to 18% and 18% to 12%, reduction in number of tax ra

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Whether all supplies to SEZ Unit/ Developer are zero rated supply?

Goods and Services Tax – GST – By: – Bimal jain – Dated:- 4-7-2018 – Supplies to SEZ unit/ Developer are Zero-rated Supply: In terms of Section 16 of the IGST Act, 2017, the following supplies of goods or services are considered as zero-rated supply. (Relevant provision of Section 16 is reproduced here in below): 16. (1) zero rated supply means any of the following supplies of goods or services or both, namely:- export of goods or services or both; or supply of goods or services or both to a Special Economic Zone developer or a Special Economic Zone unit. (2) Subject to the provisions of sub-section (5) of section 17 of the Central Goods and Services Tax Act, credit of input tax may be availed for making zero-rated supplies, notwithstanding that such supply may be an exempt supply. (3) A registered person making zero rated supply shall be eligible to claim refund under either of the following options, namely:- he may supply goods or services or both under bond or Letter of Undertaking

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n the taxable territory, not being an intra-State supply and not covered elsewhere in this section, shall be treated to be a supply of goods or services or both in the course of inter-State trade or commerce. Contrary Judgment by the Advance Ruling: Recently an advance ruling was given by Karnataka bench of Advance ruling authority ( the AR ) in the case of M/s GOGTE INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED; KAR ADRG 02/2018 dated March 21, 2018, pertaining to the following question: Whether the Hotel Accommodation & Restaurant services provided by them, within the premises of the Hotel, to the employees & guests of SEZ units, be treated as supply of goods & services to SEZ units in Karnataka or not? Facts of the case: The authorized representative during the personal hearing proceedings pleaded that applicant is a public limited company; they are into hotel business providing hotel accommodation & restaurant services in Belgaum; that the hotel is situated outside

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ion 16(1)(b) of IGST Act‟ 2017. Rule 46 of CGST Rules 2017 stipulates that the invoice shall carry an endorsement Supply meant for export / Supply to SEZ unit or SEZ Developer for authorized operations on payment of Integrated Tax or Supply meant for Export / Supply to SEZ unit or SEZ Developer for authorized operations under Bond or Letter of Undertaking without payment of Integrated Tax as the case may be. It is clearly evident that the supplies of goods or services or both towards the authorized operations only shall be treated as Supplies to SEZ Developer / SEZ Unit. The place of supply of the services by way of lodging accommodation by a hotel, shall be the location at which the immovable property (hotel) is located or intended to be located, as per Section 12 (3)(b) of the Integrated Goods and Services Tax Act, 2017. The place of supply of restaurant and catering services shall be the location where the services are actually performed, as per Section 12 (4) of the Integrate

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ted supplies. As per the second proviso to Rule 89(1) of the CGST Rules 2017, the application for refund shall be filed by : (a) supplier of goods after such goods have been admitted in full in the SEZ for authorized operations, as endorsed by the specified officer of the Zone; (b) supplier of services along with such evidences regarding receipt of services for authorized operations as endorsed by the specified officer of the Zone. A conjoint reading of the stated provisions reveals that supplies to SEZ developer or SEZ unit shall be zero rated & supplier shall be eligible for refund of unutilized ITC or IGST paid, as case may be, only if such supplies have been received by SEZ developer/unit for authorized operations . As per SEZ Act 2005, authorized operations means operations which may be authorized under sub‑section (2) of section 4 and sub‑section (9) of section 15 of SEZ Act 2005 respectively. The Circular 48 has also affirmed that – Section 7(5)(b) of the IGST Ac

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Sakeel Versus State Tax Officer,

2018 (9) TMI 609 – RAJASTHAN HIGH COURT – 2018 (19) G. S. T. L. 419 (Raj.) – Non-speaking order – Seizure of goods – while the petitioner submitted detailed representation pointing out that the goods and the bag containing the receipts had been stolen, without taking into consideration the averments made in the representation, the respondents have proceeded to pass order under Section 130 – Held that:- This Court finds that the requirement of Section 129 (4) & (5) of the Act has not been followed and the concerned authority has failed to take notice of the objections and it cannot be said that the order impugned is a speaking order.

The respondents are directed to release the seized goods in terms of Rule 140 of the Central Goods and Service Tax Rules, 2017.

Petition disposed off. – S.B. Civil Writs No. 13485/2018 Dated:- 4-7-2018 – MR. SANJEEV PRAKASH SHARMA J. For Petitioner(s) : Mr. Alkesh Sharma, Adv. With Mr. Sarvesh Jain, Adv. For Respondent(s) : Mr. RB Mathur, Adv.

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ce Tax provides as under:- 129. Detention, seizure and release of goods and conveyances in transit (1) Notwithstanding anything contained in this Act, where any person transports any goods or stores any goods while they are in transit in contravention of the provisions of this Act or the rules made thereunder, all such goods and conveyance used as a means of transport for carrying the said goods and documents relating to such goods and conveyance shall be liable to detention or seizure and after detention or seizure, shall be released,- (a) on payment of the applicable tax and penalty equal to one hundred per cent. of the tax payable on such goods and, in case of exempted goods, on payment of an amount equal to two per cent. of the value of goods or twenty-five thousand rupees, whichever is less, where the owner of the goods comes forward for payment of such tax and penalty; (b) on payment of the applicable tax and penalty equal to the fifty per cent. of the value of the goods reduced

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ction (3) without giving the person concerned an opportunity of being heard. (5) On payment of amount referred in sub-section (1), all proceedings in respect of the notice specified in sub-section (3) shall be deemed to be concluded. (6) Where the person transporting any goods or the owner of the goods fails to pay the amount of tax and penalty as provided in sub-section (1) within seven days of such detention or seizure, further proceedings shall be initiated in accordance with the provisions of section 130.: Provided that where the detained or seized goods are perishable or hazardous in nature or are likely to depreciate in value with passage of time, the said period of seven days may be reduced by the proper officer. 4. On reading the aforesaid provision, it is apparent that while the power exists with the respondents to take action under Section 129(3) of the Act and thereafter to proceed under Section 130 of the Act, before taking any such decision, the concerned person has to be

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which may include a personal hearing too. The petitioner would be free to place on record all supporting documents in support of his objections and averments. 7. The authority is expected to take a decision in the matter within fifteen days from the date of submission of certified copy. If the petitioner is further aggrieved by the order, he would be free to file an appeal as provided under Section 107 of the Act and thereafter take any appropriate remedy as available under the law. 8. After dictating the aforesaid part of the order, learned counsel for the petitioner submits that the goods which have been confiscated are perishable and are lying with the respondents since May, 2015. The petitioner is ready to security/bank guarantee/security bond in lieu of the goods. 9. Learned counsel for the respondents submits that it would be very difficult to get the amount recovered if the security bond is allowed to be accepted and the truck and goods can be released on submission of bank guar

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In Re: KPH Dream Cricket Pvt. Ltd.

2018 (9) TMI 695 – AUTHORITY FOR ADVANCE RULING, MADHYA PRADESH – TMI – Application for withdrawal of application – Supply or not? – Free tickets given as “Complimentary tickets” – Input tax credit – Whether free tickets given as “Complimentary tickets” falls within the definition of supply under the CGST Act 2017 and thus whether the Applicant is required to pay GST on such free tickets?

Whether the Applicant is eligible to claim Input Tax Credit in respect of complimentary tickets?

Held that:- Though the questions raised in the application need a detailed discussion in view of the prevailing law, since the Applicant have sought withdrawal of application on their own volition, we do not think either appropriate or incumbent upon us to delve into the matter at length – Thus while allowing the Applicant to withdraw the instant application, we refrain ourselves from commenting upon the merits of the case.

The Application for Advance Ruling filed by the Applicant is d

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3AADCK3039P2ZC. 1.2. The Applicant, during the course of holding matches at Indore, desired to give Complimentary Tickets on account of courtesy/public relationship without any monetary consideration from the recipient/holder. 1.3. In view of the above activity of providing Complimentary tickets the Applicant have approached the Authority seeking ruling on the questions as detailed hereunder: 2. QUESTIONS RAISED BEFORE THE AUTHORITY: The following questions have been posed before the Authority, with reference to the activity undertaken by the Applicant: 2.1. Whether free tickets given as Complimentary tickets falls within the definition of supply under the CGST Act 2017 and thus whether the Applicant is required to pay GST on such free tickets?; 2.2. Whether the Applicant is eligible to claim Input Tax Credit (for short ITC) in respect of complimentary tickets? 3. RECORD OF PERSONAL HEARING: 3.1. Shri Praveen Kashyap, Advocate and Shri L.C.Gupta, CFO of the Applicant appeared on behalf

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hdrawal of their instant application. 4.2 Though the questions raised in the application need a detailed discussion in view of the prevailing law, since the Applicant have sought withdrawal of application on their own volition, we do not think either appropriate or incumbent upon us to delve into the matter at length. However, it would be worth mentioning here that the Authority does not express any opinion on the submissions made by the Applicant in support of their contention of the issue at hand. We are inclined to allow withdrawal of application without going into the merits of the case. 4.3 The Applicant has made an opinion of its own in respect of CBIC Circular No.47/21/2018-GST dtd.08.06.2018, which we have not examined since the Applicant has sought withdrawal of application. Thus while allowing the Applicant to withdraw the instant application, we refrain ourselves from commenting upon the merits of the case. Accordingly, this withdrawal at the behest of the party shall be wit

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Duty Drawback for supplies made by DTA units to Special Economic Zones in the GST scenario

Customs – 12/2017 – Dated:- 4-7-2018 – OFFICE OF THE COMMISSIONER OF CUSTOMS, CITY CUSTOMS COMMISSIONERATE, P.B No, 5400, C.R.BUILDING, QUEEN'S ROAD, BENGALURU 560 001 C.NO. Vll1/09/08/2017 City Cus Tech PN Date: 04.07.2017 PUBLIC NOTICE No. 12/2017 Subject: Duty Drawback for supplies made by DTA units to Special Economic Zones in the GST scenario- reg. Attention of all Customs Brokers, Exporters, Importers, Members of the Trade and other stake holders is invited to Board's Circular No. 43/2007-Customs dated 5.12.2007 and Circular No. 39/2010-Customs dated 15.10.2010 which inter alia prescribe that in respect of drawback claims by a DTA supplier for supplies made to SEZ Unit or developer, when accompanied by a disclaimer, the drawb

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Unit falls. Further, the fixation of Brand rate in case of supplies from DTA to SEZ Unit or developer, if required, shall also be done by the office of said Principal Commissioner/ Commissioner. This shall apply to all fresh applications/ claims filed from 1.7.2017 onwards. 3. The applications/ claims which have already been filed up to 30.6.2017 and are pending with jurisdictional Central Excise formations shall be transferred to the Principal Commissioner/ Commissioner of Customs/ Customs (Preventive) having jurisdiction over the DTA supplier. For smooth transition of above cited work to Customs formations, it is essential that transfer of documents is undertaken carefully and in close coordination with Customs authorities concerned witho

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GST Chargeability

Goods and Services Tax – Started By: – Yogesh Khetrapal – Dated:- 3-7-2018 Last Replied Date:- 5-7-2018 – Mr. A (registered dealer) moves on a project on behalf of Company ABC Ltd., received Hotel Bill in the name of ABC Ltd. and claim reimbursement of the same in addition to very nominal amount against D.A.Whether Mr. A can show receipts as Pure Agent?Whether Hotel Bill can be taken aside from GST Chargeability?Whether it makes any difference if Mr. A is running his own Co. XYZ Ltd. and raise the Invoice for professional Services on ABC Ltd. in addition to the reimbursements against Hotel and D.A. and receives the fund in the name of XYZ Ltd.Please also advice TDS implications to be taken care through ABC Ltd. – Reply By KASTURI SETHI – T

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GST – Concept & Status (01-07-2018)

Goods and Services Tax – GST – Dated:- 3-7-2018 – GOODS AND SERVICE TAX (GST): CONCEPT & STATUS CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS (CBIC) DEPARTMENT OF REVENUE MINISTRY OF FINANCE GOVERNMENT OF INDIA AS ON 1st JULY, 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 ma

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65 of the Constitution of India provides 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 n

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NDEPENDENCE INDIA TILL GST: 3.1 In post-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

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ew Economic Policy of 1991. The Tax Reforms 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 servic

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ome States and these varied for the same 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 o

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VAT, in 2003. In 2005, VAT was implemented in most of the states. Uttar Pradesh was the last State to implement VAT, from 1st January, 2008. 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 be

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e called non- participating provinces , 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%. 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

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pite remarkable harmonization in 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. Integ

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rk with the Central Government 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 th

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its First Discussion Paper (FDP) 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. 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 pr

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sales tax base of the producing 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 RN

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rs stick to the decisions taken 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 Coun

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r GST. Thus, to ensure smooth transition and provide fiscal buffer to States, it was agreed to keep alcohol completely out of the ambit of GST. 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 Constitutio

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a Sabha and thereafter by 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 b

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ticle 368 has been amended 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

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se additional resources 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 me

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shall not be available 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 administra

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king inter State supplies; Suppliers of services, having turnover upto ₹ 20 lakhs, 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 30.09.2018. (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) Registration and operationalization of TDS/TCS provisions has been postponed till 30.09.2018. (xv) E-Wallet Scheme shall be introduced for exporters from 01.10.2018 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 w

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ertible 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. THE DESIGN OF INDIAN GST: 10.1 Concurrent dual model of GST: India has adopted dual GST model because of its unique federal nature. Under this model, tax is levied concurrently by the Centre as well as the States on a common base, i.e. supply of goods or services or both. GST to be levied by the Centre would be called Central GST (Central tax / CGST) and that to be levied by the States would be called State GST (State Tax / SGST). State GST (State Tax / SGST) would be called UTGST (Union territory tax) in Union Territories without legislature. CGST & SGST / UTGST shall be levied on all taxable intra-State supplies. 10.2 The IGST Model: Inter-State supply of goods or services shall be subjected to integrated

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nter-State transactions. b) No upfront payment of tax or substantial blockage of funds for the inter-State supplier or recipient. c) No refund claim in exporting State, as ITC is used up while paying the tax. d) Self-monitoring model. e) Model takes Business to Business as well as Business to Consumer transactions into account. 10.3 Tax Rates: Owing to unique Indian socio-economic milieu, four rates namely 5%, 12%, 18% and 28% have been adopted. Besides, some goods and services are exempt also. Rate for precious metals is an exception to four-tax slab-rule and the same has been fixed at 3%. In addition, unworked diamonds, precious stones, etc. attracts a rate of 0.25%. A cess over the peak rate of 28% on certain specified luxury and demerit goods, like tobacco and tobacco products, pan masala, aerated water, motor vehicles is imposed to compensate States for any revenue loss on account of implementation of GST. The list of goods and services in case of which reverse charge would be app

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etroleum products, will not be accounted as part of the base year revenue. A GST Compensation Cess is levied on the supply of certain goods and services, as recommended by the GST Council to finance the compensation cess. 10.5 E-Way Bill System: The introduction of e-way (electronic way) bill is a monumental shift from the earlier Departmental Policing Model to a Self-Declaration Model . It envisages one e-way bill for movement of the goods throughout the country, thereby ensuring a hassle free movement for transporters throughout the country. The e-way bill system has been introduced nation-wide for all inter-State movement of goods with effect 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. 10.6 Anti-Profiteering Mechanism: Implementation of GST in many countries was

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ices, imposition of penalty, cancellation of registration and any other decision as may deem fit, after inquiry into the case. 10.7 Concept of Supply: GST would be applicable on supply of goods or services as against the present concept of tax on manufacture of goods or on sale of goods or on provision of services. It includes all sorts of activities like manufacture, sale, barter, exchange, transfer etc. It also includes supplies made without consideration when such supplies are made in certain specified situations. 10.8 Threshold Exemption: A common threshold exemption would apply to both CGST and SGST. Taxpayers with an annual turnover of ₹ 20 lakh (Rs. 10 lakh for special category States (except J&K) as specified in article 279A of the Constitution) would be exempt from GST. The benefit of threshold exemption is not available normally in inter-State supplies. 10.9 Composition Scheme: An optional composition scheme (i.e. to pay tax at a flat rate on turnover without credit

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T in that order; (b) ITC of SGST allowed for payment of SGST & IGST in that order; (c) ITC of UTGST allowed for payment of UTGST & IGST in that order; (d) ITC of IGST allowed for payment of IGST, CGST & SGST/UTGST in that order. ITC of CGST cannot be used for payment of SGST/UTGST and vice versa. 10.12 Settlement of Government Accounts: Accounts would be settled periodically between the Centre and the State to ensure that the credit of SGST used for payment of IGST is transferred by the originating State to the Centre. Similarly, the IGST used for payment of SGST would be transferred by Centre to the destination State. Further the SGST portion of IGST collected on B2C supplies would also be transferred by Centre to the destination State. The transfer of funds would be carried out on the basis of information contained in the returns filed by the taxpayers. 10.13 Modes of Payment: Various modes of payment of tax available to the taxpayer including internet banking, debit/ cre

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sion for TCS has not been operationalized yet. 10.17 Self-assessment: Self-assessment of the taxes payable by the registered person shall be the norm. Audit of registered persons shall be conducted on selective basis. Limitation period for raising demand is three (3) years from the due date of filing of annual return or from the date of erroneous refund for raising demand for short-payment or non-payment of tax or erroneous refund and its adjudication in normal cases. Limitation period for raising demand is five (5) years from the due date of filing of annual return or from the date of erroneous refund for raising demand for short-payment or non-payment of tax or erroneous refund and its adjudication in 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 Appella

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toms (SAD), Service Tax and cesses and surcharges insofar as they related to supply of goods or services were subsumed. As far as taxes levied and collected by States are concerned, State VAT, Central Sales Tax, Purchase Tax, Luxury Tax, Entry Tax, Entertainment Tax (except those levied by the local bodies), Taxes on advertisements, Taxes on lotteries, betting and gambling, cesses and surcharges insofar as they related to supply of goods or services were subsumed. GST LEGISLATIONS: 11.1 Four Laws namely CGST Act, UTGST Act, IGST Act and GST (Compensation to States) Act were passed by the Parliament and since been notified on 12th April, 2017. All the other States (except J&K) and Union territories 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 On 22nd June, 2017, the first n

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sive 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 crores. 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 under the leadership of NACIN. This training project is aimed a

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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-Government financial institutions, HDFC and HDFC Bank hold 20%, ICICI Bank h

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petitiveness 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 lakhs (10 lakhs in case of North Eastern States) have be registered under GST. Unlike multiple registrations under different tax regimes earlier, a single registration is needed under GST in one State. An additional benefit under Composition scheme has also been provided for businesses with aggregate annual turnover upto ₹ 75 lakhs. With the creation of a seamless national market across the country, small enterprises will have an opportunity to expand their national footprint with minimal investment. 14.4 Benefits to agriculture and Industry: GST will give more relief to in

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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 taxes especially for exports thereby making our products more competitive in the international market and give boost to Indian Exports. It will also improve the overall investment climate in the country which will naturally benefit the development in the states. Uniform CGST & SGST and IGST rates will reduce the incentive for evasion by eliminating rate arbitrage between neighboring States and that between int

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ll 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. EXPERIENCE OF REGISTRATION & RETURN FILING: 15.1 Registration & Returns Snapshot: S. No. Details As on 1st July, 2018 1. No. of transited (migrated) taxpayers 66,17,573 2. Total No. of new applications received for registration 55,22,786 3. No. of applications approved 47,95,045 4. No. of applications rejected 6,80,241 5. Total No. of taxpayers; new + migrated (1 + 3) 1,14,12,618 6. No. of taxpayers who have opted for composition scheme 17,66,517 7. No. of 3 (B) returns filed for July, 2017 64,47,614 8. No. of 3(B) returns filed for August, 2017 69,50,568 9. No. of 3(B) returns filed for September, 2017 72,37,426 10. No. of 3(B) returns filed for October

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2018 20,32,081 28. No. of GSTR 1 returns filed for May, 2018 18,34,250 29. No. of GSTR 2 returns filed for July, 2017 25,72,552 30. No. of GSTR 4 returns filed for quarter July-September, 2017 9,45,718 31. No. of GSTR 4 returns filed for quarter October-December, 2017 13,96,721 32. No. of GSTR 4 returns filed for quarter January-March, 2018 13,60,204 CHALLENGES & FUTURE AHEAD: 16.1 Any new change is accompanied by difficulties and problems at the outset. A change as comprehensive as GST is bound to pose certain challenges not only for the government but also for business community, tax administration and even common citizens of the country. Some of these challenges relate to the unfamiliarity with the new regime and IT systems, legal challenges, return filing and reconciliations, passing on transition credit. Lack of robust IT infrastructure and system delays makes compliance difficult for the taxpayers. Many of the processes in the GST are new for small and medium enterprises in p

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Classification of brackets and clamps of cast iron – the applicant does sand blasting and apply enamel to protect the product from rusting. The brackets and clamps so manufactured are not machined by the applicant – fall under Chapter Heading 73

Goods and Services Tax – Classification of brackets and clamps of cast iron – the applicant does sand blasting and apply enamel to protect the product from rusting. The brackets and clamps so manufact

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Classification of Cryo Container, also known as Liquid Nitrogen Containers – Cryo Container classifiable under Heading 9617 as ‘Vacuum Flask and other vacuum Vessels, Complete with cases parts thereof other than glass inner’.

Goods and Services Tax – Classification of Cryo Container, also known as Liquid Nitrogen Containers – Cryo Container classifiable under Heading 9617 as ‘Vacuum Flask and other vacuum Vessels, Complete

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Tripartite Agreement – scope of supply – developing dairying in the respective states – the supply cannot be treated as between the related parties. – Provisions of Schedule-1 of GST Act, relating to free supply (without consideration) to relate

Goods and Services Tax – Tripartite Agreement – scope of supply – developing dairying in the respective states – the supply cannot be treated as between the related parties. – Provisions of Schedule-1

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M/s. Shiv Shakti Mandir Sanchalan Samiti Versus Commissioner Of Central Goods And Services Tax & Ors.

2018 (7) TMI 1134 – DELHI HIGH COURT – TMI – Pre-deposit of of 10% of Interest – Held that:- The record would disclose that at the stage of show-cause notice the principal liability was discharged, since the concerned agency i.e. Indraprastha Gas Limited paid the amount to the petitioner – the Court is of the opinion that the impugned order’s direction should be modified. Accordingly, upon the petitioner depositing 7.5% of the amount claimed as demand towards interest liability [as confirmed by the Commissioner (Appeals)] within 4 weeks from today, the CESTAT shall proceed to hear the appeal on merits – petition allowed in part. – W.P.(C) 4798/2018 & CM APPL. 18469/2018 Dated:- 3-7-2018 – MR. S. RAVINDRA BHAT AND MR. A. K. CHAWLA JJ. Peti

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rcumstances, the Court is of the opinion that the impugned order s direction should be modified. Accordingly, upon the petitioner depositing 7.5% of the amount claimed as demand towards interest liability [as confirmed by the Commissioner (Appeals)] within 4 weeks from today, the CESTAT shall proceed to hear the appeal on merits. The impugned order of the CESTAT dated 13.07.2015 dismissing the appeal for non-compliance with the previous order requiring pre-deposit, is accordingly set aside. The CESTAT shall satisfy itself about the pre-deposit of the amount required by the Court and thereafter proceed to hear the appeal on merits. All rights and contentions of the parties are reserved. The petition is partly allowed in the above terms. –

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The Himachal Pradesh Goods and Services Tax (Sixth Amendment) Rules, 2018.

GST – States – EXN-F(10)-5/2018-28/2018-State Tax – Dated:- 3-7-2018 – Government of Himachal Pradesh Excise and Taxation Department No. EXN-F(10)-5/2018 Dated: Shimla-171002, the 3rd July, 2018 Notification No. 28/2018-State Tax In exercise of the powers conferred by section 164 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017), the Governor of Himachal Pradesh is pleased to hereby make the following rules further to amend the Himachal Pradesh Goods and Services Tax Rules, 2017, namely:- 1. (1) These rules may be called the Himachal Pradesh Goods and Services Tax (Sixth Amendment) Rules, 2018. (2) Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gaze

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y of the Goods and Services Tax Identification Numbers for the purposes of the said Chapter XVI. ; (ii) in rule 138, after sub-rule(1), the following proviso shall be inserted, namely:- Provided that where the circumstances so warrant, the Commissioner, or any other officer authorised by him, may, on sufficient cause being shown, extend the time for recording of the final report in Part B of FORM EWB-03, for a further period not exceeding three days. Explanation.- The period of twenty four hours or, as the case may be, three days shall be counted from the midnight of the date on which the vehicle was intercepted. ; (iii) in rule 142, in sub-rule(5), after the words and figures of section 76 , the words and figures or section 129 or section

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M/s Birla Corporation Ltd. Versus CGST, CC & CE, Jabalpur

2018 (7) TMI 1264 – CESTAT NEW DELHI – TMI – CENVAT Credit – duty paying documents – supplementary invoices – Held that:- There is no element of fraud and suppression on the part of the appellant. The issue herein is recurring in nature – the appellant is entitled to take CENVAT credit on the supplementary invoices in question – Appeal allowed – decided in favor of appellant. – Excise Appeal No. 50308/2018 – FINAL ORDER NO. 52486/2018 – Dated:- 3-7-2018 – HON BLE SHRI ANIL CHOUDHARY, MEMBER (JUDICIAL) And HON BLE SHRI C.L. M AHAR, MEMBER (TECHNICAL) For the Petitioner : Shri Bipin Garg, Advocate For the Respondent : Shri N.R. Shaima, DR ORDER Per Anil Choudhary: The issue involved in this appeal relates to objection by Revenue on taking of cenvat credit on the supplementary invoices, raised by M/s. South Eastern Coalfields Ltd., for supply of coal made to the appellant. 2. Coal is one of the important input of the appellant used in the manufacture of cement and cement clinker. The bri

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in terms of Rule 9(1) (b) of the CCR, 2004.Accordingly, a show cause notice No.42/Commr/CEX/REWA/2015-16 dated 3.7.2015 was issued to the appellant and subsequently proceeding was finalized by the adjudicating authority vide order-in-original no.58/JC/CEX/JBP/2016-17 dated 28.03.2017 wherein Cenvat Credit was disallowed and ordered to recover the same along with interest and penalty. 4. Subsequently, Revenue issued another show cause notice on the ground that under the provisions of Rule 9(1)(b) of CCR 2004, the appellant is not entitled to the cenvat credit taken on the supplementary invoices as it appears that supplier /manufacturing company/SECL have short paid duty earlier and did not include the value of the clearances on stowing charges, clean energy cess and transit fee, MPGATSVA, etc. received from buyers in connection with sale of coal in the transaction value at the time of issuing their original invoices to the noticee, but subsequently, they raised supplementary invoices t

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connected matter of South Eastern Coalfields Ltd. in Appeal No.52023-52026/2014-DB dated 3.4.2017 vide Final Order No.52723-52726/2017 dated 3.4.2017, taking notice of pendency of similar matter before the Hon ble Supreme Court in the case of South Eastern Coal Fields Ltd. and ors. and also other cases, referred to in the above case, disposed of the appeal of the South Eastern Coal Fields Ltd., granting liberty to them to come again after having final verdict from the Hon ble Supreme Court. Moreover, we are satisfied that there is no element of fraud and suppression on the part of the appellant. The issue herein is recurring in nature. Accordingly, we allow this appeal and hold that the appellant is entitled to take cenvat credit on the supplementary invoices in question. Thus, the appeal is allowed with consequential relief to the appellant. [ Order dictated & pronounced in open court ] – Case laws – Decisions – Judgements – Orders – Tax Management India – taxmanagementindia –

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IN RE: PRAJAPATI DEVELOPERS

2018 (9) TMI 236 – AUTHORITY FOR ADVANCE RULING, MAHARASHTRA – 2018 (16) G. S. T. L. 320 (A. A. R. – GST) – Rate of GST – construction services – Affordable Housing Project – Whether the construction services provided under the project “Prajapati Magnum” qualifies for the reduced CGST Rate of 6% as provided in Sl. No 3 – item (v)- sub item (da) vide Notification 01/2018- CT (Rate) dated 25.01.2018?

Held that:- The applicant’s case is covered under the tax rate of 12%, under Heading 9954 (Construction Services), (v) (da) of above mentioned Notification No, 11/2017, as amended since the project undertaken by them falls under the definition of “Affordable Housing” as stated by them in the application – The benefit of reduced rate would be available to them only in the cases of supply effected after 25.01.2018 i.e. the date on which Notification 1/2018-CentraI Tax (Rate) was issued and the benefit of this reduced rate would be applicable in case of only those flats which are of carp

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spect of the following question : Whether the construction services provided under the project Prajapati Magnum qualifies for the reduced CGST Rate of 6% as provided in Sl. No 3 – item (v)- sub item (da) vide Notification 01/2018- CT (Rate) dated 25.01.2018? At the outset, we would like to make it clear that the provisions of both the CGST Act and the MGST Act are the same except for certain provisions. Therefore, unless a mention is specifically made to provisions, a reference to the CGST Act would also mean a reference to the same provision under the MGST Act. Further to the earlier, henceforth for the purposes of this Advance Ruling, a reference to such a similar provision under the CGST Act / MGST Act would be mentioned as being under the GST Act . 02. FACTS AND CONTENTION – AS PER THE APPLICANT The submissions, as reproduced verbatim, could be seen thus- Statement of relevant facts having a bearing on the question(s) raised 1. M/s. Prajapati Developers, located at No.406-407 Perse

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vice Tax on the consideration received from the flat owners till 30.06.2017 at the applicate rate of service tax and later GST is being discharged at the effective rate of 12% after availing the 1/3rd deduction towards the land portion as provided in explanation to Notification No. 11/2017- Central Tax (Rate) issued under the provisions of Central Goods and Service Tax Act, 2017, 5. Architect s Certificate on the carpet area usage and the Flat wise FSI Statement have been enclosed for examination. Statement containing the applicant s interpretation of law and/or facts, as the case may be, in respect of the aforesaid question(s) (i.e. applicant s view point and submissions on issues on which the advance ruling is sought) 1. Initially, Notification No. 11/2017-Centra Tax (Rate) dated 28.06.2017 has been issued under GST law to provide GST rate for supply of services made by the registered person. Sl. No 3 of the said notification provides to levy GST at the rate of 18% (CGST 9% and SGST

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ide Notification 01/2018-CT (Rate) to specify the rate of CGST as 6% in case of following service: Composite supply of works contract as defined in clause (119) of section 2 of the Central Goods and Services Tax Act, 2017, supplied by way of construction, erection, commissioning, or installation of original works pertaining to – Low-cost houses up to a carpet area of 60 square metres per house in an affordable housing project which has been given infrastructure status vide notification of Government of India, in Ministry of Finance, Department of Economic Affairs vide F. No. 13/6/ 2009-INF, dated the 30th March, 2017 5. The Maharashtra State Government also issued the similar notification under SGST law to reduce the SGST rate also to 6% on the above specified services in item (v) sub item (da) for the intra state supply. 6. Works Contract is defined in section 2(119) of the CGST Act, 2017 as means a contract for building, construction, fabrication, completion, erection, installation,

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ing units with carpet area@ of not more than 60 square meters has been given the infrastructure status by the GOI and therefore would be eligible for the benefit of reduced rate. 10. Further it was also mentioned in the above referred notification dated 30-03.2017 that Carpet Area Shall have the same meaning as assigned to it in clause (k) of section 2 of the Real Estate (Regulation and Development) Act, 2016. 11. As per Sec 2(k) of RERA, carpet area means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment. 12. The expression exclusive balcony or verandah area means the area of the balcony or verandah, as the case may be, which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee and exclusive open terrace area means the

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eeting dated 18.01.2018 would be relevant: a) The Fourth Recommendation of the Council is to extend the concessional rate of 12% to services by way of construction of low cost houses up to a carpet area of 60 sqm in a housing project which has been given infrastructure status under notification No. 13/06/2009 dated 30th March, 2009. b) The recommendation of the Council would extend the concessional rate of 8% GST (after deducting value of land) to construction of flats/houses of less than 60 sqm in projects other than the projects covered by any scheme of the Central or State Government also. c) As against this, most of the housing projects in the affordable segment in the country would now attract GST of 8% (after deducting value of land) 16. From the above discussion, it is reasonably understood that PD s Magnum project could qualify as to be an affordable housing project and accordingly in the applicant s considered view, the construction of low cost houses with carpet area up to 60

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be 8% after reducing 1/3rd towards value of land. 03. CONTENTION – AS PER THE CONCERNED OFFICER Vide letter dated 14.05.2018, the concerned officer has submitted a report as under: Point No. 14 states that: Whether the construction services provided under the project Prajapati Magnum qualifies for the reduced CGST Rate of 60% as provided in Sr.No.3-item (V)-sub item (da) vide notification 01/2018CT (Rate) dated 25.01.2018? 1) Notification No.01/2018-CT(Rate) dated 25.012018 extend the concessional rate of 8% GST (after deducting the value of land ) to construction of low cost houses upto a carpet area of 60 square metre per house in an affordable housing project which has been given infrastructure status vide Notification No. 13/06/2009 dt. 30.03.2009. The said notification of department of Economic Affairs provides infrastructure status to Affordable Housing. Affordable Housing has been defined in the said notification as a housing project using at least 50% of the FAR/FSI for dwelli

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ious agencies like RBI and MOHUPA, etc. Therefore, cost is the most important factor while deciding the benefits of said Notification. The second condition is being fulfilled here as the percentage of FSI used in the flats having carpet area below 60 sq.m is approximately 72.63% as per Area Certificate given by the Architect of Prajapati Developers on 15.3.2018. There are certain Apprehensions which need to be investigated further. These are: i) Nature of Project:- Above mentioned Notification is silent on whether the concessional rate of 8% GST(after deducting value of land) is applicable on new projects or, ongoing projects or both. Project Prajapati Magnum is an ongoing project since December, 2013. ii) Timeline of Project:-The project Magnum started in December 2013 and it is obvious that many of the dwelling units could have been sold out to prospective buyers, promoters and investors which may or may not belong to the category of low income groups and economically weaker sections

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on 1/ 2018-Central Tax (Rate) dt.25.01.2018. 04. HEARING The Preliminary Hearing was held on date 15.05.2018. Shri Vasant K Bhatt, Chartered Accountant, duly authorized appeared along with Shri Rakesh Prajapati, Director and Shri Nagender Hegde, Chartered Accountant. They requested for admission of the application as per contentions made therein. They were orally requested to give details of all flats in their projects and names of buyers. Shri Kapil Prajapati, Asstt. Comm., Belapur, CGST & Central Excise, appeared and made written submissions. The Final Hearing was held on 26.06.2018. Shri Vasant K Bhatt, Chartered Accountant, and Shri Nagender Hegde, Chartered Accountant appeared and made reference to Circular No. 354 dated 07.05.2018 which is taken on record. Shri Kapil Prajapati, Asstt. Commr., Belapur, CGST & Central Excise, appeared and also made written submissions. 05. OBSERVATIONS We have gone through the facts of the case. The only issue that is before us is whether t

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India, Ministry of Finance, Department of Economic Affairs vide F. NO. 13/6/2009-INF, dated the 30th March, 2017. Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017, has specified the rate of central tax to be levied on Intra State supply of services of description specified in Column 3 of the Table in the said Notfn, falling under scheme of classification of services mentioned therein. The relevant clauses of the said Notfn as amended by Notfn No. 20/2017-Central Tax (Rate) dated 22.10.2017 is reproduced below:- Sl.No. Chapter, Section or Heading Description of Service Rate (per cent) Condition 3. Heading 9954 (Construction services) (iv) Composite supply of works contract as defined in clause (119) of section 2 of the Central Goods and Services Tax Act, 2017, supplied by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of,- (a)……………………&h

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Tax Act, 2017, supplied by way of construction, erection, commissioning, or installation of original works pertaining to,- (a)…………………………………; (b)………………………………….; (c) low-cost houses up to a carpet area of 60 square metres per house in a housing project approved by competent authority empowered under the 'Scheme of Affordable Housing in Partnership' framed by the Ministry of Housing and Urban Poverty Alleviation, Government of India; (d) low cost houses up to a carpet area of 60 square metres per house in a housing project approved by the competent authority under- (1) the Affordable Housing in Partnership component of the Housing for All (Urban) Mission/Pradhan Mantri Awas Yojana; (2) any housing scheme of a State Government; (e)………………………

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thority or urban development authority under the Housing for All (Urban) Mission/Pradhan Mantri Awas Yojana (Urban); (db) a civil structure or any other original works pertaining to the houses constructed or acquired under the Credit Linked Subsidy Scheme for Economically Weaker Section (EWS)/ Lower Income Group (LIG)/ Middle Income Group-1 (MIG-1)/ Middle Income Group-2 (MIG-2) under the Housing for All (Urban) Mission/ Pradhan Mantri Awas Yojana (Urban); ; (III)…………………………………………………… ; (B) in item (v), (I) in sub-item (a), for the word excluding ,……………………………………; (II) after sub-item (d), the following sub-item shall be inserted, namely: – (da) low-cost houses up to a carpet area of 60 square metres per house in an affordable housing project which has be

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MIG-1)/ Middle Income Group-2 (MIG-2) under the Housing for All (Urban) Mission/ Pradhan Mantri Awas Yojana (Urban). This clause also shall not be applicable to the applicant since this clause states that the houses should be constructed or acquired under the Credit Linked Subsidy Scheme of the Government. According to sub item (da) of item (v), low-cost houses up to a carpet area of 60 square metres per house in an affordable housing project which has been given infrastructure status vide notification of Government of India, in Ministry of Finance, Department of Economic Affairs vide F. No. 13/6/2009-INF, dated the 30th March, 2017 would attract a tax rate of 12%. This clause will be applicable to the applicant if the project undertaken by them is an affordable housing project which has been given infrastructure status vide Government of India notification mentioned above. Department of Economic Affairs notification issued vide F. No. 13/6/2009-INF, dated the 30th March, 2017 has incl

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e-I Updated Harmonized Master List of Infrastructure Sub-sectors Sl. No. Category Infrastructure sub-sectors Transport Roads and bridges Ports Shipyards Inland Waterways Airport Railway Track, tunnels, viaducts, bridges Urban Public Transport (except rolling stock in case of urban road transport) Energy Electricity Generation Electricity Transmission Electricity Distribution Oil pipelines Oil/ Gas/ Liquefied Natural Gas (LNG) storage facility Gas pipelines Water and Sanitation Solid Waste Management Water supply pipelines Water treatment plants Sewage collection, treatment and disposal system Irrigation (dams, channels, embankments, etc.) Storm Water Drainage System Slurry Pipelines Communication Telecommunication (fixed network) Telecommunication towers Telecommunication & Telecom Services Social and Commercial Infrastructure Education Institutions (capital stock) Sports Infrastructure Hospitals (capital stock) Three-star or higher category classified hotels located outside cities

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lip;…………….. 9. ……………………….. 10. Affordable Housing is defined as a housing project using at least 50% of the Floor Area Ratio (FAR)/Floor Space Index (FSI) for dwelling units with carpet area of not more than 60 square meters. @ Carpet Area shall have the same meaning as assigned to it in clause (k) of section 2 of the Real Estate (Regulation and Development) Act, 2016. One of the recommendations made by the GST Council in its 25th meeting held on 18th January 2018 at Delhi was to extend the concessional rate of 12% (8% CST after deducting value of land) to services by way of construction of low cost houses up to a carpet area of 60 sqm in a housing project which has been given infrastructure status under notification No. 13/06/2009 dated 30th March, 2009. The said notification of Department of Economic Affairs provides infrastructure status to Affordable Housing. The recommendation of the

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uncil has also mentioned that the builders/ developers are expected to follow the principles laid down under Section 171 of the CST Act (Anti-Profiteering Rules) scrupulously. In response to a request for clarification to enable availing 8% GST on Affordable Housing made by the builders association namely , CREDAI vide their letter no. CREDAI/MOF/2018/14 dated 19th March, 2018, the Government vide F.No. 354/52/2018-TRU, Government of India Ministry of Finance Department of Revenue (TRU) dated 7th May, 2018 has clarified that Low cost houses up to a carpet area of 60 .square metres per house in an affordable housing project, which has been given infrastructure status under notification F. No. 13/6/2009-INF, dated the 30th March, 2017 of MOF (DEA), attract concessional GST of 8% (the value of the undivided share of land is included in the price of the house). Whether the housing project qualifies as affordable housing project or not, shall be determined by the builder/ developer as per t

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ble in case of only those flats which are of carpet area upto 60 sq mtrs. In this scheme which is covered in the category of affordable housing. In case of other flats which have carpet area more than 60 sq.mtrs. the applicant would be required to pay GST at normal applicable rate. 06. In view of the deliberations as held hereinabove, we pass an order as follows: ORDER (under section 98 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017) NO. GST-ARA-02/2018-19/B-58 Mumbai, dt.03/07/2018 For reasons as discussed in the body of the order, the question in answered thus- Question : Whether the construction services provided by the applicant under the project Prajapati Magnum qualifies for the reduced CGST rate of 6% as provided in Sr. No. 3 – item (v) – sub item (da) of Notification No. 01/2018-CT (Rate) dated 25.01.2018? Answer :- Answered in the affirmative as discussed above. – Case laws – Decisions – Judgements – Orders – Tax Manageme

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Refund of ITC u/r 89(4) of the CGST Rules, 2017

Goods and Services Tax – Started By: – Amit Khurana – Dated:- 2-7-2018 Last Replied Date:- 3-7-2018 – Dear Members, As per Rule 89(4) of Central Goods and Services Tax Rules, 2017 (CGST Rules), refund of Input Tax Credit (ITC) shall be granted as per following formula, in case of zero-rated supply of services without payment of IGST under bond or letter of undertaking (LUT) in accordance with Section 16(3) of the Integrated Goods and Services Tax Act, 2017 (IGST Act): Refund Amount = (Turnover of zero-rated supply of goods + Turnover of zero-rated supply of services) x Net ITC ÷ Adjusted Total Turnover Where, – (A) Refund amount means the maximum refund that is admissible; (B) Net ITC means input tax credit availed on inputs and input services during the relevant period other than ITC availed for which refund is claimed under sub-rules (4A) or (4B) or both; (C) Turnover of zero-rated supply of goods means the value of zero-rated supply of goods made during the relevant period w

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n respect of which refund is claimed under sub-rules (4A) or (4B) or both, if any, during the relevant period; (F) Relevant period means the period for which the claim has been filed. As per Section 2(112) of CGST Act, turnover in State or turnover in Union territory means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis) and exempt supplies made within a State or Union territory by a taxable person, exports of goods or services or both and inter-State supplies of goods or services or both made from the State or Union territory by the said taxable person but excludes CGST, SGST, UTGST, IGST and cess. In the case where an Assessee is only engaged in supply of services outside India for which payment is received by it in later months. The amount received by assessee in a particular month is always different from the amount of invoices raised by assesse. Since assessee is only providing export s

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riod. It may be noted that taking the value of invoice raised for export services might give absurd & unintended results, in case of assessees where the amount received is less than value of invoice raised during any tax period, as its refund would get restricted to the extent of payment received. The said assessee would not be able to claim the said refund amount in any future tax periods. Thus, the assessee who is an 100% Export Oriented Undertaking would not be able to claim 100% refund of GST paid by it on inputs & input services received for providing export services, which is not the intention of law. The same is explained with the help of an example below: Value of Export invoice raised in July, 2017 – 1,00,000/- Payment received during July, 2017 – 80,000/- ITC taken in July, 2017 – 10,000/- Refund amount = 10000 x 80000 / 100000 = 8000/- In the above case, though the exporter had taken ITC equivalent to INR 10000/-, but refund amount is coming to INR 8000/-. Further, e

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1,00,000X10,000 divided by 1,00,000.Payment received by you do not have any significance for filing the refund claim. By the above calculation myour eligible refund will be Ra. 10,000/- Reply By Amit Khurana – The Reply = Dear Sir, Thank you for your reply. However, I would like to draw your attention to the definition of Turnover of Zero-Rated Supply of Services as mentioned in Rule 89(4): Turnover of zero-rated supply of services means the value of zero-rated supply of services made without payment of tax under bond or LUT, calculated in the following manner, namely :- Zero-rated supply of services is the aggregate of the payments received during the relevant period for zero-rated supply of services and zero-rated supply of services where supply has been completed for which payment had been received in advance in any period prior to the relevant period reduced by advances received for zero-rated supply of services for which the supply of services has not been completed during the re

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Levy of IGST – High Seas Sale – Goods purchased from overseas related party situated abroad based on purchase order received from its customers and sold when in transit to its customers before the goods are entered for customs clearance in India

Goods and Services Tax – Levy of IGST – High Seas Sale – Goods purchased from overseas related party situated abroad based on purchase order received from its customers and sold when in transit to its

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CGST, C & CE, Alwar Versus M/s Krishi Icon

2018 (7) TMI 97 – CESTAT NEW DELHI – TMI – CENVAT Credit – input services or not – commission paid to sales/ commission agents – whether the commission paid to the sales/commission agents is related to promotion of any activity specified in the inclusive part of the definition of input service provided under Rule 2 (l) of the Cenvat Credit Rules, 2004? – Held that:- Whether the explanation added in Rule 2 (l) of Cenvat Credit Rules, 2004 vide notification dated 03/02/2016 has retrospective effect or not, has come before this Tribunal in the matter of Essar Steel India Ltd. vs. CCE & ST, Surat – I [2016 (4) TMI 232 – CESTAT AHMEDABAD] in which this Tribunal has held that the explanation inserted in Rule 2 (l) of Rules 2004 by Notification No. 2/2016-CX (NT) should be declaratory in nature and effective retrospectively.

Explanation to Rule 2 (l) of Rules 2004 says it in clear terms that there is no bar on availment of Cenvat credit on sales promotion service by way of sale of dut

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September 2015. Accordingly, a show cause notice was issued to the respondent/assessee as to why :- (i) Cenvat credit of service tax amounting to ₹ 40,56,453/- should not be recovered from them under Rule 14 of the Cenvat Credit Rules, 2004 readwith proviso to Section 73 (1) of the Finance Act, 1994 ; (ii) Interest under Rule 14 of the Cenvat Credit Rules, 2004, readwith Section 75 of the Finance Act, 1994 should not be recovered from them on the above Cenvat Credit of ₹ 40,56,453/- and (iii) Penalty should not be imposed upon them under Rule 15 (2) of the Cenvat Credit Rules, 2004 readwith Section 78 of the Finance Act, 1994. 3. It was alleged in the said show cause notice that the respondent/assessee have wrongly availed Cenvat credit of service tax paid on amount of commission paid to sales/ commission agents as the said commission agents were concerned with sale but not related to promotion of their goods, as such their activity was not related to any activity specified

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e impugned orders disallowing the credit and ordering for recovery of the same alongwith interest. Consequently, imposition of penalties becomes void . 5. I have heard learned DR for the Department and learned Consultant for the respondent/assessee and perused the record. 6. The issue involved in the instant appeal is whether the commission paid to the sales/commission agents is related to promotion of any activity specified in the inclusive part of the definition of input service provided under Rule 2 (l) of the Cenvat Credit Rules, 2004. Rule 2 (l) of Cenvat Credit Rules as well as amendment carried out in the definition of input services under Rule 2 (l) vide Notification No. 2/2016-CE (ST) dated 03/02/2016 which are necessary for the purposes of determining of the issue involved in the instant appeal are extracted as under :- Rule 2 (l) input service means any service, – (i) used by a provider of [output service] for providing an output service; or (ii) used by a manufacturer, whet

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er to amend the CENVAT Credit Rules, 2004, namely :- 1. (1) These rules may be called the CENVAT Credit (Second Amendment) Rules, 2016. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the CENVAT Credit Rules, 2004 (here-in-after referred to as the said rules), in rule 2, in clause (l), after sub-clause (C), the following Explanation shall be inserted, namely :- Explanation. – For the purpose of this clause, sales promotion includes services by way of sale of dutiable goods on commission basis. . 3. In the said rules, in rule 3, in sub-rule (4), after the sixth proviso, the following proviso shall be inserted, namely :- Provided also that the CENVAT credit of any duty specified in sub-rule (1) shall not be utilised for payment of the Swachh Bharat Cess leviable under sub-section (2) of section 119 of the Finance Act, 2015 (20 of 2015): . [Notification No. 2/2016-C.E. (N.T.), dated 3-2-2016] 7. According to learned DR, the explanation insert

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ation inserted in Rule 2 (l) of Rules 2004 by Notification No. 2/2016-CX (NT) (supra) should be declaratory in nature and effective retrospectively. The relevant paragraph of the said decision has been extracted as under :- 20. But, the Hon ble Gujarat High Court in the case of Cadila Healthcare Ltd. (supra) was unable to concur with the contrary view taken by the Hon ble Punjab & Haryana High Court in the case of Commissioner of Central Excise, Ludhiana v. Ambika Overseas (supra). The Hon ble Gujarat High Court held that this issue is concerned, the question is answered in favour of the Revenue and against the assessee. In this background, legislature explained the meaning of the sales promotion by inserting Explanation in Rule 2(l) of Rules, 2004 and declared that sales promotion includes services by way of sale of dutiable goods on commission basis. In other way, Explanation to Rule 2(l) of Rules says in clear terms that there is no bar on availment of the Cenvat credit on sales

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lowed by this Tribunal further in the matter of Excise appeal No. 53650/2015 titled as M/s National Engineering Industries Ltd. vs. CCE & ST, Jaipur – I in which this Tribunal vide order dated 10/10/2017 while following its decision in the case of M/s Mangalam Cement Ltd. (supra) allowed the appeal filed by the assessee and held as under :- 4. After hearing both the parties, we note that identical issue has come up before the Tribunal in the case of M/s Mangalam Cement Ltd. vs. CCE, Udaipur. The Tribunal vide final order No. 56683-56685/2017 dated 28/08/2017 held as under :- 4. With regard to availment of Cenvat credit on the commission paid for sale promotion activities, the CBEC vide Circular No. 943/4/2011-CX. Dated 29/04/2011 has clarified that Cenvat credit is admissible on the services of the sale of the dutiable goods on commission basis. The said circular was endorsed by the Central Government vide Notification No. 2/2016-CE (NT) dated 03/02/2016. In the case of Cadila Heal

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nue and against the assessee. In this background, legislature explained the meaning of the sales promotion by inserting Explanation in Rule 2(l) of Rules, 2004 and declared that sales promotion includes services by way of sale of dutiable goods on commission basis. In other way, Explanation to Rule 2(l) of Rules says in clear terms that there is no bar on availment of the Cenvat credit on sales promotion service by way of sale of dutiable goods on commission basis. Further, by inserting the Explanation in the Rule 2(l), it has confirmed the Board Circular and resolved the different views of the High Courts. Taking into circumstances under which the Explanation was inserted in Rule 2(l) of Rules, 2004 and consequence of the Explanation to extend the benefit to the assessee as per Board Circular, we hold that the Explanation inserted in Rule 2(l) of Rules, 2004 by Notification No. 2/2016-CX (N.T.) (supra) should be declaratory in nature and effective retrospectively . 5. In view of the a

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n the remuneration for same is linked to actual sale. Reading the provisions harmoniously it is clarified that credit is admissible on the services of sales of dutiable goods on commission basis . From this clarification itself it is understood that if a commission agent is paid commission on account of sales of goods, his services are qualify to be input service and Cenvat credit of service tax paid on such service is admissible to the recipient of service. I find that the issue stand settled after the said clarification itself. Further this issue has also been clarified at point B-30 of Minutes of Tariff Conference of Central Excise held on 28-29th October 2015 circulated vide F. No. 96/85/15-CX. I dated 07/12/2015 wherein subject service has been considered as input service. Taking into consideration the circumstances under which the explanation was inserted in Rule 2 (l) of Rules 2004 and consequences of the explanation to extent the benefit to the assessee as per Board Circular, t

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M/s Pee Cee Cosma Sope Ltd. Versus CE, C & CGST – CCE & ST, Jodhpur

2018 (7) TMI 99 – CESTAT NEW DELHI – TMI – CENVAT Credit – input services – outward freight paid beyond the place of removal – Rule 2(l) of Cenvat Credit Rules, 2004 – time limitation – Held that:- The Cenvat Credit on goods transport agencies availed for transport of goods from place of removal to buyer’s premises was not admissible to the Appellant – demand upheld.

Extended period of limitation – Held that:- Vide the impugned Show Cause Notice the demand for refunding the Cenvat Credit already availed by the Appellant for the period with effect from 2011 till 2015 has been claimed. The Show Cause Notice is of January 2016. Apparently, it is beyond the period of one year for the demand till the year 2014 – Since the fact of availment of such irregular credit was not disclosed to the Department, the Commissioner has rightly held it to be a clear case of suppression of relevant facts warranting invocation of extending period and imposition of mandatory penalty under Section 78 –

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ions of Cenvat Credit Rules, 2004. However, during the course of audit of records of the Appellant for the period 2011-12 and 2014-15, the Appellant was found to have availed the Cenvat Credit of the impugned value on outward freight paid beyond the place of removal of input services. Accordingly, a Show Cause Notice No. 11/ST/Audit-I/IND/AC/2016 dated 20.01.2016 was served upon the Appellant. 2. While adjudicating upon the said Show Cause Notice, the first adjudicating authority had dropped the demand as was raised by the said Show Cause Notice. Revenue being aggrieved, filed the appeal thereof and the impugned order confirming the demand of Show Cause Notice has been filed and the Appellant is here before us. We have heard both the parties at length. It is impressed upon for the Appellant that the Appellant has been taking the Cenvat Credit on the outward freight in accordance of the definition of place of removal as given in the Act and since the place where excisable goods sold can

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he extended period of five years as enshrined under Section 78 of the Act. The order is, accordingly, prayed to be set aside. The demand being barred by time, appeal is allowed. 4. While rebutting these arguments, learned D.R. has relied upon the position of the Hon ble Supreme Court in the case of Commissioner of Central Excise & Service Tax vs. Ultratech Cement, 2018 (9) GSTL 337 (SC) to impress upon that the Apex Court has settled that the goods transport agency service used for the purpose of outward transportation of goods from the factory to the customer s premises is not an input service. Hence, the Cenvat Credit claimed against such services is a wrong claim. Since the claim has already been disbursed to the Appellant, he is liable to refund thereof along with the interest. With respect to the plea of limitation, it is submitted that there is apparent suppression of facts on the part of the Appellant. Hence, the Department has rightly invoked Section 78 of the Act. The orde

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nal products upto the place of removal and includes services used in relation to setting up, modernization, renovation or repairs of a factory, premises of provider of output service or an office relating to such factory or premises, advertisement or sales promotion, market research, shortage upto the place of removal, procurement of inputs, activities relating to business, such as accounting, auditing, financing recruitment and quality control, coaching and training, computer networking, credit rating, share registry, and security, inward transportation of inputs or capital goods and outward transportation upto the place of removal; 7. It may be relevant to point out here that the original definition of input service contained in Rule 2(l) of the Rules, 2004 used the expression from the place of removal . As per the said definition, service used by the manufacturer of clearance of final products from the place of removal to the warehouse of customer s place etc., was exigible for Cenv

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of Rules, 2004. Whereas the word from is the indicator of starting point, the expression upto signifies the termination point, putting an end to the transport journey. It becomes clear that transport services credit cannot go beyond transport upto the place of removal. Credit availability is in regard to inputs . The credit covers duty paid on input materials as well as tax paid on services, used in or in relation to the manufacture of the final product . The final products, manufactured by the assessee in their factory premises and once the final products are fully manufactured and cleared from the factory premises, the question of utilization of service does not arise as such services cannot be considered as used in relation to the manufacture of the final product. Therefore, extending the credit beyond the point of removal of the final product on payment of duty would be contrary to the scheme of Cenvat Credit Rules. The main clause in the definition states that the service in regar

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of service to be treated as input. 5. From the above discussion, it becomes clear that the Cenvat Credit on goods transport agencies availed for transport of goods from place of removal to buyer s premises was not admissible to the Appellant. Accordingly, we do not find any infirmity to this extent with the order under challenge. 6. Now, coming to the aspect of Show Cause Notice being barred by time, it is observed and held that no doubt vide the impugned Show Cause Notice the demand for refunding the Cenvat Credit already availed by the Appellant for the period with effect from 2011 till 2015 has been claimed. The Show Cause Notice is of January 2016. Apparently, it is beyond the period of one year for the demand till the year 2014. But the another apparent fact from record is that the fact of Appellant being availing the Cenvat Credit on the outward freight services came to the notice of the Revenue only when their team conducted an audit of records of the Appellant for the period w

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CGST, C&CE, Jaipur Versus M/s National Engineering Industries Ltd.

2018 (7) TMI 168 – CESTAT NEW DELHI – TMI – CENVAT credit – input services – commission paid to the sales/commission agents – whether the commission paid to the sales/commission agents is related to promotion of any activity specified in the inclusive part of the definition of input service provided under Rule 2 (l) of the Cenvat Credit Rules, 2004? – Held that:- Whether the explanation added in Rule 2 (l) of Cenvat Credit Rules, 2004 vide notification dated 03/02/2016 has retrospective effect or not, has come before this Tribunal in the matter of Essar Steel India Ltd. vs. CCE & ST, Surat – I [2016 (4) TMI 232 – CESTAT AHMEDABAD], where it was held that the explanation inserted in Rule 2 (l) of Rules 2004 by N/N. 2/2016-CX (NT) should be declaratory in nature and effective retrospectively.

Explanation to Rule 2 (l) of Rules 2004 says it in clear terms that there is no bar on availment of Cenvat credit on sales promotion service by way of sale of dutiable goods on commission bas

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81/- + Edu. Cess ₹ 12,565/- + SHE Cess ₹ 6,282/-) wrongly availed by them should not be recovered from them under Rule 14 of the Cenvat Credit Rules, 2004 readwith Section 11A (1) of the Central Excise Act, 1944 ; (ii) Interest on wrongly availed Cenvat credit should not be recovered from them under Rule 14 of the Cenvat Credit Rules, 2004, readwith Section 11AA of the Central Excise Act, 1944 and (iii) Penalty under Rule 15 (1) of the Cenvat Credit Rules, 2004 readwith Section 11AC (1) (a) of the Central Excise Act, 1944 should also not be imposed upon them. 3. The Adjudicating Authority vide order-in-original dated 28/06/2016 dropped the proceeding initiated vide show cause notice dated 17/12/2015 and held that the facts of the case clearly reflect that the sale and service representative/agents were engaged by the respondent/assessee to identify/develop/ nurture market for the respondent/assessee. Further, once the order is placed, to ensure that the same is taken to its

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quarely covered under the scope of definition of input services provided under Rule 2 (l) of the Cenvat Credit Rules, 2004. As such, the respondent/assessee was entitled to avail the credit and the same has been correctly availed. 4. I have heard learned DR for the Department and learned Advocate for the respondent/assessee and perused the record. 5. The issue involved in the instant appeal is whether the commission paid to the sales/commission agents is related to promotion of any activity specified in the inclusive part of the definition of input service provided under Rule 2 (l) of the Cenvat Credit Rules, 2004. Rule 2 (l) of Cenvat Credit Rules as well as amendment carried out in the definition of input services under Rule 2 (l) vide Notification No. 2/2016-CE (ST) dated 03/02/2016 which are necessary for the purposes of determining of the issue involved in the instant appeal are extracted as under :- Rule 2 (l) input service means any service, – (i) used by a provider of [output s

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4 (32 of 1994), the Central Government hereby makes the following rules further to amend the CENVAT Credit Rules, 2004, namely :- 1. (1) These rules may be called the CENVAT Credit (Second Amendment) Rules, 2016. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the CENVAT Credit Rules, 2004 (here-in-after referred to as the said rules), in rule 2, in clause (l), after sub-clause (C), the following Explanation shall be inserted, namely :- Explanation. – For the purpose of this clause, sales promotion includes services by way of sale of dutiable goods on commission basis. . 3. In the said rules, in rule 3, in sub-rule (4), after the sixth proviso, the following proviso shall be inserted, namely :- Provided also that the CENVAT credit of any duty specified in sub-rule (1) shall not be utilised for payment of the Swachh Bharat Cess leviable under sub-section (2) of section 119 of the Finance Act, 2015 (20 of 2015): . [Notification No. 2/2016-C.

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) E.L.T. 660 (Tri. – Ahmd.) in which this Tribunal has held that the explanation inserted in Rule 2 (l) of Rules 2004 by Notification No. 2/2016-CX (NT) (supra) should be declaratory in nature and effective retrospectively. The relevant paragraph of the said decision has been extracted as under :- 20. But, the Hon ble Gujarat High Court in the case of Cadila Healthcare Ltd. (supra) was unable to concur with the contrary view taken by the Hon ble Punjab & Haryana High Court in the case of Commissioner of Central Excise, Ludhiana v. Ambika Overseas (supra). The Hon ble Gujarat High Court held that this issue is concerned, the question is answered in favour of the Revenue and against the assessee. In this background, legislature explained the meaning of the sales promotion by inserting Explanation in Rule 2(l) of Rules, 2004 and declared that sales promotion includes services by way of sale of dutiable goods on commission basis. In other way, Explanation to Rule 2(l) of Rules says in

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nts and the said decision in M/s Mangalam Cement Ltd. (supra) has been followed by this Tribunal further in the matter of Excise appeal No. 53650/2015 titled as M/s National Engineering Industries Ltd. vs. CCE & ST, Jaipur – I in which this Tribunal vide order dated 10/10/2017 while following its decision in the case of M/s Mangalam Cement Ltd. (supra) allowed the appeal filed by the assessee and held as under :- 4. After hearing both the parties, we note that identical issue has come up before the Tribunal in the case of M/s Mangalam Cement Ltd. vs. CCE, Udaipur. The Tribunal vide final order No. 56683-56685/2017 dated 28/08/2017 held as under :- 4. With regard to availment of Cenvat credit on the commission paid for sale promotion activities, the CBEC vide Circular No. 943/4/2011-CX. Dated 29/04/2011 has clarified that Cenvat credit is admissible on the services of the sale of the dutiable goods on commission basis. The said circular was endorsed by the Central Government vide No

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at this issue is concerned, the question is answered in favour of the Revenue and against the assessee. In this background, legislature explained the meaning of the sales promotion by inserting Explanation in Rule 2(l) of Rules, 2004 and declared that sales promotion includes services by way of sale of dutiable goods on commission basis. In other way, Explanation to Rule 2(l) of Rules says in clear terms that there is no bar on availment of the Cenvat credit on sales promotion service by way of sale of dutiable goods on commission basis. Further, by inserting the Explanation in the Rule 2(l), it has confirmed the Board Circular and resolved the different views of the High Courts. Taking into circumstances under which the Explanation was inserted in Rule 2(l) of Rules, 2004 and consequence of the Explanation to extend the benefit to the assessee as per Board Circular, we hold that the Explanation inserted in Rule 2(l) of Rules, 2004 by Notification No. 2/2016-CX (N.T.) (supra) should be

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er activity of sales promotion is specifically allowed and on many occasion the remuneration for same is linked to actual sale. Reading the provisions harmoniously it is clarified that credit is admissible on the services of sales of dutiable goods on commission basis . From this clarification itself it is understood that if a commission agent is paid commission on account of sales of goods, his services are qualify to be input service and Cenvat credit of service tax paid on such service is admissible to the recipient of service. I find that the issue stand settled after the said clarification itself. Further this issue has also been clarified at point B-30 of Minutes of Tariff Conference of Central Excise held on 28-29th October 2015 circulated vide F. No. 96/85/15-CX. I dated 07/12/2015 wherein subject service has been considered as input service. Taking into consideration the circumstances under which the explanation was inserted in Rule 2 (l) of Rules 2004 and consequences of the

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In Re : M/s. Madhucon Sugar and Power Industries Ltd.

2018 (7) TMI 283 – AUTHORITY FOR ADVANCE RULINGS, HYDERABAD TELANGANA – 2018 (14) G. S. T. L. 491 (A. A. R. – GST) – Taxation of Rectified Spirit/ Extra Neutral Alcohol (ENA) under GST – Applicability of GST on ENA – Classification of manufactured goods – levy of GST – Held that:- The advance ruling sought in the application has been examined in detail and found that the issue of “Taxation of Rectified Spirit/ Extra Neutral Alcohol (ENA) under GST” is one of the agenda points placed before GST council for deliberation in the 20th meeting of the GST council held on 05.08.2017. The decision on the “applicability of GST on ENA” is pending before GST council and even in the 27th GST council meeting held on 04.05.2018 it was decided to defer th

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hey are manufacturers of Extra Neutral Alcohol(ENA) and Rectified spirits and sought Advance Ruling on the following issues: (i) Whether HSN Code 2207 covers both denatured Ethyl alcohol and other spirits (Not fit for human consumption) and Un-denatured alcohol (Fit for human consumption). (ii) If Un-denatured ethyl alcohol of any strength of percentage or higher by volume i.e., ENA/RS being sold by them for potable application to State Distilleries & Beverages / Manufacturers, in turn who is making liquor for human consumption shall be covered under GST? or it is out of the purview of GST?, If covered under GST what is the rate of duty to be charged by them? (iii) If Un-denatured alcohol is not under purview of GST, i.e., ENA/RS sold b

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under Central Excise Act, 1944. However it is taxable under state VAT @ 5%. 4. Statement containing the applicant's views on the issue on which advance ruling is sought: (i) By virtue of constitutional amendment and section 9(1) of GST Act, alcohol for human consumption is out of purview of GST. (ii) HSN code 2207 covers the denatured and other alcohol only. (iii) Under HSN code 220710 there are certain items which are un-denatured (fit for human consumption) which are not covered by virtue of section 9(1) of GST Act. (iv) Items mentioned under HSN code 22072000 would not fall under 18% tax rate schedule. (v) For invoicing Rectified spirit HSN code 22071019 shall be used and for ENA HSN code 22071090 shall be applicable. 5. The advance

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In Re : M/s. Lyophilization Systems India Private Limited

2018 (7) TMI 388 – AUTHORITY FOR ADVANCE RULINGS, HYDERABAD TELANGANA – 2018 (14) G. S. T. L. 493 (A. A. R. – GST) – Classification of goods – Rate of GST – Lyophilizers-Machinery for the plant – Machinery meant for manufacturing life saving drugs – applicant is in strong belief that Lyophilizers i.e. Machinery for Plant manufactured by the applicant fall under Entry No.320 of schedule III by following the amendment carried over to it by N/N. 41/2017- Central Tax(rate) dated 14.11.2017.

Held that:- The process of Lyophilization, is defined as a freeze-drying process that removes water from a product after it is frozen and placed under a vacuum. It is a low temperature dehydration process which involves freezing the product, lowering pressure, then removing the ice by sublimation. Freeze drying results in a high quality product because of the low temperature used in processing – the application of the process of lyophilization is found not only in pharmaceutical industry, but als

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ater heaters, non-electric [other than Solar water heater and system]” falling under heading 8419 of the GST Tariff have been brought under Schedule-III of the Notification, notifying the rate of central tax as 9% as per G.O.Ms No. 250, Revenue (CT-II) Department, Dt. 21-11-2017. As the goods Lyophilizers are classifiable under the heading 8419 of the GST Tariff, the rate of central tax applicable is 9% only.

Ruling:- The tax rate leviable on supply of “ Lyophilizers” falling under the tariff heading 8419 of the GST Tariff is 9% CGST + 9% SGST. – A.R.Com/8/2018 And TSAAR Order No. 5/2018 Dated:- 2-7-2018 – Mr. J. Lakshminarayana, ADDL. COMMISSIONER (State Tax) And Mr. V. Srinivas, JOINT COMMISSIONER (Central Tax) RULING M/s. Lyophilization Systems India Private Limited, Plot No.26/27, Aleap Industrial Estate, Opp. JNTU Road, Near Pragathi nagar, Kukatpally, Hyderabad (GSTIN No.36AAACL8746M1ZY) has filed an application in Form GST ARA-01under Section 97(1) of TGST Act,2017 read w

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her words can be called as Machinery meant for manufacturing life saving drugs . 3.2 The technical aspects of this machinery are as under: (a) Application of Lyophilizer: Lyophilization is a dehydration process typically used to preserve perishable material or make the material more convenient for transport and also to increase the product efficacy with long life. Lyophilization works by cooling the product below eutectic temperature and then reducing the surrounding pressure to allow the frozen water in the material to sublime directly from the solid phase to the gas phase. (b) Process description: The Lyophilizer consists of product chamber with shelves and condenser chamber with cooling coils. The product to be converted is placed on the shelves and cooled below its eutectic temperature. Once the product if below its eutectic temperature, the chambers are evacuated to high vacuum, during this process the water in the product sublimes and condenses on the condenser chamber coils. Thi

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e levy of GST at a rate lower than 14% in those days. 3.4 However, as on 15.11.2017, the above machinery falls under rate of tax of 9% as per the notification No. 41/2017- Central Tax(rate) dated 14.11.2017 and the customers of the applicant are insisting to charge GST at the rate of 9% only but not at the rate of 14%. 3.5 The following is the text of amendment carried over to Entry No.320 in schedule III to the Notification No.1/2017-Central Tax(Rate), dated. 28.06.2017. (lxxx) in S. No. 320, for the entry in columns (2) and (3), the following entries shall be substituted, namely:- 8419 Machinery, plant or laboratory equipment, whether or not electrically heated (excluding furnaces, ovens and other equipment of heading 8514), for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling, other than machinery or plant of

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involving a change in temperature i.e Heat exchange which is notified in the above notification against the goods enumerated against chapter heading 8419. (d) Apart from the above function, the goods cleared by the applicant discharges the following activities which are mentioned in the above enumeration. Heating, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling. The lyophilizers manufactured by the applicant are not at all falling under the list of goods excluded from the purview of the amended version of Entry No.320 in schedule III. 6. Hence, the applicant is in strong belief that Lyophilizers i.e. Machinery for Plant manufactured by the applicant fall under Entry No.320 of schedule III by following the amendment carried over to it by Notification No.41/2017- Central Tax(rate) dated 14.11.2017. 7. The issues raised in the application has been examined, before deciding the rate of tax applicable for the goods Lyophil

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logics and other injectables. By removing the water from the material and sealing the material in a glass vial, the material can be easily stored, shipped, and later reconstituted to its original form for injection. Thus the application of the process of lyophilization is found not only in pharmaceutical industry, but also in various other industries. 9. The goods such as Machinery, plant or laboratory equipment, whether or not electrically heated (excluding furnaces, ovens and other equipment of heading 8514), for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling, other than machinery or plant of a kind used for domestic purposes are covered under Tariff heading 8419 of Customs Tariff. On examination of the process of Lyophilization, it is found that the goods Lyophilizers are classifiable under Tariff heading 8

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ly heated (excluding furnaces, ovens and other equipment of heading 8514), for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, non-electric [other than Solar water heater and system] falling under heading 8419 of the GST Tariff have been brought under Schedule-III of the Notification, notifying the rate of central tax as 9% as per G.O.Ms No. 250, Revenue (CT-II) Department, Dt. 21-11-2017. As the goods Lyophilizers are classifiable under the heading 8419 of the GST Tariff, the rate of central tax applicable is 9% only. 12. The issue raised in the application has been examined with reference to the provisions of the CGST/TGST Act, 2017 and the Rules made there under and the notifications issued till date;

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In Re : M/s. Manjira Machine Builders (P) Ltd.

2018 (7) TMI 389 – AUTHORITY FOR ADVANCE RULINGS, HYDERABAD TELANGANA – 2018 (14) G. S. T. L. 488 (A. A. R. – GST) – Levy of IGST – Concessional rate of tax – supply of goods to specified institutions – Is the concessional tax rate of 5% as given under Notification No. 47/2017 dated 14.11.2017 is applicable only for Interstate sales i.e., on IGST or also applicable for sales within the state i.e., on SGST & CGST?

If this concessional tax rate of 5% is applicable for both Interstate and within the state sales, then can we avail the Input tax credit (ITC) for the raw materials used for these supplies?

Held that:- In respect of such clearances effected within the State, Govt. of India vide Notification No. 45/2017-Central Tax (Rate) dated 14.11.2017 which exempts the goods specified in column (3) of the Table, from the so much of the central tax leviable thereon under section 9 of the said Act, as in excess of the amount calculated at the rate of 2.5 per cent., when supplied

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upplies.

Ruling:- The concessional rate of tax @ 5% as given under Notification No. 47/2017- Integrated Tax (Rate) dated 14.11.2017 is applicable only for Interstate sales i.e., on IGST and concessional rate of tax @ 2.5% CGST + 2.5% SGST is applicable for Intrastate supplies as per Notification No. 45/2017-Central Tax (Rate) dated 14.11.2017.

Input tax credit is available on the raw materials used for the supplies made under concessional rate of tax. – Advance Ruling No. TSAAR Order No. 7/2018, A.R.Com/14/2018, Dated 2nd July, 2018 Dated:- 2-7-2018 – Mr. J. Lakshminarayana, ADDL. COMMISSIONER (State Tax) And Mr. V. Srinivas, JOINT COMMISSIONER (Central Tax) RULING M/s. Manjira Machine Builders (P) Ltd , Flat No. 307 & 308 , Bhanu Enclave , Sundernagar, Hyderabad-500038 has filed an application in Form GST ARA-01under Section 97(1) of TGST Act,2017 read with Rule 103 of CGST/TGST Rules, 2017and stated that all the DRDO labs and Satish Dhawan Space Centre (SDSC SHAR, IS

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3. With regard to the clarification sought by the applicant on the first question, it is to be mentioned that Government of India vide Notification. No.47/2017-Integrated Tax(Rate) dt.14.11.2017 exempts the goods specified in column (3) of the Table , from the so much of the integrated tax leviable thereon under section 5 of the said Act, as in excess of the amount calculated at the rate of 5 per cent., when supplied to the institutions specified in the corresponding entry in column (2) of the Table, subject to the conditions specified in the corresponding entry in column (4) of the said table given in the notification. 4. In respect of such clearances effected within the State, similar Notification has been given by the Govt. of India vide Notification No. 45/2017-Central Tax (Rate) dated 14.11.2017 which exempts the goods specified in column (3) of the Table, from the so much of the central tax leviable thereon under section 9 of the said Act, as in excess of the amount calculated at

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such vehicles or conveyances ; or (B) transportation of passengers; or (C) imparting training on driving, flying, navigating such vehicles or conveyances; (ii) for transportation of goods; (b) 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 taxable composite or mixed supply; (ii) membership of a club, health and fitness centre; (iii) rent-a-cab, life insurance and health insurance except where- (A) the Government notifies the services which are obligatory for an employer to provide to its employees under any law for the time being in force; or (B) such inward supply of goods or services or both of a particular category is used by a registered person for makin

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r both received by a non-resident taxable person except on goods imported by him; (g) goods or services or both used for personal consumption; (h) goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples; and (i) any tax paid in accordance with the provisions of sections 74, 129 and 130. 6. However, goods and services on which concessional rate of tax is applicable are not figured in the list. Hence, the ITC is allowed on the supplies effected by paying duty at concessional rate of tax. Moreover, the supplies effected at concessional rate of duty are not exempt supplies. Hence, Input tax credit is allowable on the raw materials used for these supplies. 7. The clarification sought in the application has been examined with reference to the provisions of the CGST/TGST Act, 2017 and the Rules made there under and the notifications issued till date; and the Advance Ruling is given as under: (i) The concessional rate of tax @ 5% as given under Notification No.

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