Seeks to extend the due date for filing of FORM GSTR – 1 for taxpayers having aggregate turnover up to 1.5 crores

Seeks to extend the due date for filing of FORM GSTR – 1 for taxpayers having aggregate turnover up to 1.5 crores
33/2018 – State Tax Dated:- 10-8-2018 Sikkim SGST
GST – States
Sikkim SGST
Sikkim SGST
GOVERNMENT OF SIKKIM
FINANCE, REVENUE AND EXPENDITURE DEPARTMENT
COMMERCIAL TAXES DIVISION
GANGTOK
No. 33/2018 – State Tax
Date: 10th August, 2018
NOTIFICATION
In exercise of the powers conferred by section 148 of the Sikkim Goods and Services Tax Act, 2017 (9 of 2017) (hereafter in this notification referred to as the said Act), the State Government, on the recommendations of the Council, hereby notifies the registered persons having aggregate turnover of up to 1.5 crore rupees in the preceding financial year or the c

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In Re: M/s. Forbes Facility Services Private Limited

In Re: M/s. Forbes Facility Services Private Limited
GST
2018 (10) TMI 300 – AUTHORITY FOR ADVANCE RULING, RAJASTHAN – TMI
AUTHORITY FOR ADVANCE RULING, RAJASTHAN – AAR
Dated:- 10-8-2018
AAR No. RAJ/AAR/2018-19/10
GST
NITIN WAPA AND SUDHIR SHARMA, MEMBER
Present for the applicant: Not appeared
Note: Under Section 100 of the RGST Act 2017, an appeal against this ruling lies before the Appellate Authority for Advance Ruling constituted under section 99 of RGST Act 2017, within a period of 30 days from the date of service of this order.
1. SUBMISSION OF THE APPLICANT
M/s. Forbes Facility Services Private Limited is a company registered under GST engaged in business/activities of providing catering services to variou

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Extend the furnishing return in FORM GSTR-3B of the said rules for each of the months from July, 2018 to March, 2019

Extend the furnishing return in FORM GSTR-3B of the said rules for each of the months from July, 2018 to March, 2019
28/2018- State Tax Dated:- 10-8-2018 Arunachal Pradesh SGST
GST – States
Arunachal Pradesh SGST
Arunachal Pradesh SGST
GOVERNMENT OF ARUNACHAL PRADESH
DEPARTMENT OF TAX & EXCISE
ITANAGAR
Notification No. 28/2018- State Tax
The 10th August, 2018
No. GST/23/2017.-In exercise of the powers conferred by section 168 of the Arunachal Pradesh Goods and Services Tax Act, 2017 (7 of 2017) (hereafter in this notification referred to as the said Act) read with sub-rule (5) of rule 61 of the Arunachal Pradesh Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as the said rules), the Commiss

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Seeks to prescribe the due dates for quarterly furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover of upto 1.5 crores for the period from July, 2018 to April, 2019

Seeks to prescribe the due dates for quarterly furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover of upto 1.5 crores for the period from July, 2018 to April, 2019
27/2018- State Tax Dated:- 10-8-2018 Arunachal Pradesh SGST
GST – States
Arunachal Pradesh SGST
Arunachal Pradesh SGST
GOVERNMENT OF ARUNACHAL PRADESH
DEPARTMENT OF TAX & EXCISE
ITANAGAR
Notification No. 27/2018- State Tax
The 10th August, 2018
No. GST/23/2017.-In exercise of the powers conferred by section 148 of the Arunachal Pradesh Goods and Services Tax Act, 2017 (7 of 2017) (hereafter in this notification referred to as the said Act), the State Government, on the recommendations of the Council, hereby notifies the registered persons hav

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In Re: Mrs. Vishakhar Prashant Bhave, M/s. Micro Instruments

In Re: Mrs. Vishakhar Prashant Bhave, M/s. Micro Instruments
GST
2018 (12) TMI 227 – AUTHORITY FOR ADVANCE RULING, MAHARASHTRA – 2019 (20) G. S. T. L. 494 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING, MAHARASHTRA – AAR
Dated:- 10-8-2018
GST-ARA-23/2018-19/B-87
GST
SHRI B.V. BORHADE, AND SHRI PANKAJ KUMAR, MEMBER
PROCEEDINGS
(Under section 98 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017)
The present application has been filed under section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as “the CGST Act and MGST Act”] by Mrs. Vishakar Prashant Bhave, the applicant, seeking an advance ruling in respect of the following issue.
(i) Whether the “Commission” received by the Applicant in convertible Foreign Exchange for rendering services as an “Intermediary” between an exporter abroad receiving such services and an Indian importer

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oned 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 THE RELEVANT FACTS HAVING A BEARING ON THE QUESTIONS
1. The facts relevant for the purposes of this application, briefly stated, are as under:
The Applicant, M/s. Micro Instruments, Mumbai, (for brevity: “Micro”) is a sole Proprietary Concern, duly Registered under the CGST/SGST and IGST Acts ( Reg. no. 27AHSPB0847K1Z2), having its registered Office at 15, Shri Kripa, Ramakrishna Society, Ram Mandir Road, Kherwadi, Bandra (E), and is carrying on trading business in Laboratory Instruments, its spare parts, Laboratory Equipment, and other related activities such as servicing, repairs and maintenance of Laboratory Equipment/Instrument.
2. One of the activities of Micro relates to providing services to its Principals at Germany, by way of procuring Purchase Orders (P.O.) from the parties desirous of purchasing advanced type of L

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itled to have some “discount in kind”, like getting some items Free of cost such as a TV set, a Computer or a Camera etc.; which is to be provided by Micro as a necessary charge on the “commission” it receives in convertible Foreign Exchange.
(d) Accordingly, Micro arranges, at its own cost such articles to be given free, in the nature of “discount in kind”, and hands over to the same to the Purchasing Party in India in fulfillment of the accepted terms of sale / purchase Agreement between the Principals at Germany and the Indian Purchasing Party.
(e) The P.O. also states that during the Guarantee period, say, one year the seller/supplier at Germany will give “free service”, if required (but that would not include any replacement of parts etc.). Micro, however, has no contractual obligation to give such “free Service”.
(f) Once the P.O. is completed, the Principals at Germany issue a “Credit Note”, for the “Commission”, which is remitted in freely convertible Foreign Exchange, norma

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be claimed:
(a) Deducting “expenditure” on free supplies, which is a “charge on the commission amount” under the Contractual Terms as per P.O.
(b) Deduction of tax element treating amount of “net Commission” (as per (a) above) as inclusive of CGST/SGST Act or IGST Act as the case may be.
4. For the purposes of examining the issues involved one needs to go through the labyrinth of new G5T Laws.
5. The conspectus of various provisions gives the following picture:
(i) Services provided by the Commission Agent (located in the Taxable Territory) to the Principal Seller (located in Non-Taxable Territory/ Abroad) in respect of procurement of order/s from the Customers located in the Taxable Territory on behalf of the foreign supplier of goods, would be termed as “taxable services” under the GST Regime, because the intermediary (Micro) does some activity for which monetary consideration, that is, “Commission” amount is received in freely convertible currency. These activities would fal

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neral section which provides that the place of supply of service' is the location of recipient of service, except the services specified in sub-sections (3) to (13).
* It means the general principle in Sub-section (2) is displaced i.e. not applicable to sub-section (3) to (13), which needs to be examined individually & separately.
* Sub-section (8) covers the case on hand; and the same is reproduced here below –
“(8) The Place of supply of the following services shall be the location of the supplier of the services, namely:
(a) Services supplied by a banking company, or a financial institution, or a non-banking financial company, to account holders;
(b) Intermediary services;
(c) Services consisting of hiring of means of transport, including yachts but excluding aircrafts and vessels, up to a period of one month.”
(v) The term “Intermediary” is defined in Section 2(13) of the IGST Act, which says:
“(13) 'intermediary' means a broker, an agent or any other person, by wh

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's services may fall in the expression of “Intermediary services” appearing in clause (b) of sub-section (8) of Section 13 of the IGST Act, 2017. If it were to be true interpretation, the registered place of the Supplier (Micro) being in India / in Taxable Territory, the place of supply becomes 'India /Taxable Territory' and hence CGST + SGST may get attracted.
6. Though Micro is providing the service to the foreign supplier of goods as an integral part of the international/cross-border transaction of export/import, and also receiving valuable consideration' in freely convertible foreign exchange, but still it is not considered as Export of service' for the reason given in the definition of “Export of Service', quoted below, read with section 13(8) (b) of the IGST Act as all the conditions of “export of service” are not met in the case on hand:
Conditions precedent for treating the service as 'export of service' (as per Section 2(6) of the IGST Act] – All conditions have to be met.

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st but one clause uses “and”, to make it clear that all the clauses must be fulfilled concurrently and coextensively & then alone it will qualify as an “export of services”.
* On the superficial or flash reading, it may appear that in the present case, the condition No. (iii) in section 2/6) is not getting fulfilled because of the terminology used in section 13(8) (b) of the IGST Act, (“intermediary services”) read with section 2(13) defining “intermediary” to include broker or agent who arranges or facilitates the supply of goods or services, and consequently the “place of supply” gets coincided with “the place of supplier”, both in the taxable territory, India, and rendering the transaction taxable under the CGST/SGST Act, by denying the benefit of “export of services” or IGST Act legitimately due by virtue of the “recipient of Services” being in non-taxable territory, abroad. In the light Of the above discussion, one may consider that the supply of services by Micro would fall in

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s been a paradigm shift in taxation Policy, now, adopting the destination based tax. The basic difference between the Destination based tax and origin based tax lies in the fact that origin based taxation seeks to levy and collect tax on the basis of location of production and destination based taxation seeks to levy and collect tax on the basis of location of consumption. Further, a fundamental proposition under the new GST regime is that the concept of “place of consumption” also called and known as the “Place of supply”, merely determines that the tax would accrue to the State of consumption (jurisdictional aspect).
10. Now, look at another case, in which Micro procures the P.O. from the Customer at Vadodara (formerly known as Baroda), in the State of Gujarat, for purchase of Laboratory Equipment from the same Germany-seller. By virtue of section 13 (8) (b) read with 2(13) of IGST Act, the place of supply” remains the same i.e. “the place of Supplier”, State of Maharashtra. But the

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trade or commerce.
(3) Subject to the provisions of section 12, supply of services, where the location of the supplier and the place of supply are in
(a) two different States;
(b) two different Union territories; or
(c) a State and a Union territory,
shall be treated as a supply of services in the course of inter-State trade or commerce.
(4) Supply of services imported into the territory of India shall be treated to be a supply of services in the course of inter-State trade or commerce.
(5) Supply of goods or services or both,
(a) when the supplier is located in India and the place of supply is outside India;
(b) to or by a Special Economic Zone developer or a Special Economic Zone unit; or
(c) in 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.
13. It is manifestly clear from the conjoint reading of section 7 (5

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CGST/SGST in unavailable, being “forward charge”.
16. However, there is another way to look at this integrated & composite international -cross-border transaction in which the Applicant plays a pivotal role as an intermediary by virtue of which the “import of goods” is occasioned, gets effectuated.
17. Now, for this new approach two definitions are important:
* Section 2(13) of the IGST Act, 2017
(13) “intermediary” means a broker, an agent or any other person, by whatever name called, who arranges or facilitates the supply of goods or services or both, or securities, between two or more persons, but does not include a person who supplies such goods or services or both or securities on his own account;
* Section 2(5) of the CGST Act,2017
(5) “agent” means a person, including a factor, broker, commission agent, arhatia, del credere agent, an auctioneer or any other mercantile agent, by whatever name called, who carries on the business of supply or receipt of goods or services

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ort/ import of goods simpliciter, which under the GST regime is 'tan inter-state supply, covered by the IGST Act, 2017; and if that be the true position in law, the role of intermediary cannot be dissected and separately treated for GST law.
19. All the analysis & discussion above, finally boils down to and depends on the true meaning and purport of the expression: “intermediary services” in section 13 (8) (b) of the IGST Act. If it is not the same thing as “Intermediary”, the provisions of section 13 (8) (b) will not apply; and consequently, provisions of section 7 (5) (a) Of the IGST Act will get attracted, as can be seen from the quoted provision:
(5) Supply of goods or services or both, –
(a) when the supplier is located in India and the place of supply is outside India;
In that case, Section 16 of IGST Act will apply and there would be two options available:
(i) export the services under bond/LOU without payment of IGST Act and claim refund of un-utilized input tax credit;

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ribed, without payment of integrated tax and claim refund of unutilised input tax credit; or
(b) he may supply goods or services or both, subject to such conditions, safeguards and procedure as may be prescribed, on payment of integrated tax and claim refund of such tax paid on goods or services or both supplied, in accordance with the provisions of section 54 of the Central Goods and Services Tax Act or the rules made thereunder.
20. Now, the crucial question is: what is the true meaning & purport of the expression “intermediary services” appearing in section 13 (8) (b) of the IGST Act. It may be added that the term “intermediary” has been defined in section 2(13) of the IGST Act, but the expression '”intermediary services.” appearing in section 13 (8) (b) has not been defined.
21. What is the significance of use of the two terms/ expressions, apparently looking similar, by the Legislature in the GST statutes. One thing is clear that they are not synonymous terms or expressions, h

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same as now bodily lifted and placed in its new GST 'avatar' as section 13 (8) (b) of the IGST Act.
* The said Rule 9 of the POPS Rules, 2012 and the clarification issued by the Board (C.B.E.C.) on the concept of '”Intermediary Services” appearing Rule 9 (C) is reproduced below:
9. Place of provision of specified services.
The place of provision of following services shall be the location of the service provider:
(a) Services provided by a banking company, or a financial institution, or a non-banking financial I company, to account holders;
(b) Online information and database access or retrieval services;
(c) Intermediary services;
(d) Service consisting of hiring of means of transport, up to a period of one month.
24. Clarification and Legal nemesis:
An Education Guide ('Guidance Note') on June 20, 2012 issued by the Central Board of Excise and Customs clarifying the meaning of intermediary states: QUOTE:
5.9.6 What are “Intermediary Services”? Generally, an “i

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es a provision of a service(hereinafter called the 'main service') between two or more persons (it doesn't include a person who provides service on his own account).
Thus an intermediary service is involved with two supplies at one time. In other words, the expression “intermediary” connotes distinctness/detachment from the “main” service. The expression “intermediary service” is thus, a nomen juris (“nomen juris,” literally term of law; a technical legal term) and its use is having a specific legal concept and connotation. When that expression is used in any subsequent legislation, it has to be interpreted and understood in the same sense & nothing less or more. (VIDE The Madras General Sales Tax Act, 1939 (Madras Act 9 Of 1939) was enacted in pursuance of the powers contained in entry 48 of List II of Seventh Schedule of the Government of India Act, 1935 which deals with sale of goods. The corresponding entry in the Constitution is entry No. 54 in List 11 of Seventh Schedule. It was

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a broker, an agent or any other person, by whatever name called, who arranges or facilitates a provision of a service (hereinafter called the main' service) or a supply of goods, between two or more persons, but does not include a person who provides the main service or supplies the goods on his account
* Therefore, the definition of “intermediary” was then amended to include the intermediary of goods in its scope.
* Accordingly, with effect from 1.102014, an intermediary of goods, such as a commission agent or consignment agent shall be covered under rule 9 (c) of the Place of Supply of Services Rules.
27. When this modified version of “intermediary” as of 01-10-2014, was re-bottled in the GST law, two changes happened:
(i) the original and basic distinction as to the “main” service and “intermediary” in the context of two co-existing services did not figure in the new definition in 2(13) IGST Act;
(ii) And the definition of Consignment Agent was shifted to Section 2(5) of th

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s Punjab National Bank and Others (CASE NO. Appeal (civil) 5634 Of 2006 Decided on 6 December, 2006 = 2006 (12) TMI 479 – SUPREME COURT OF INDIA
(a) It may be mentioned in this connection that the first and foremost principle of interpretation of a statute in every system of interpretation is the literal rule of interpretation.
(b) The other rules of interpretation e.g. the mischief rule, purposive interpretation etc. can only be resorted to when the plain words of a statute are ambiguous or lead to no intelligible results or if read literally would nullify the very object of the statute.
(C) Where the words of a statute are absolutely clear and unambiguous, recourse cannot be had to the principles of interpretation other than the literal rule, vide Swedish Match AB vs. Securities and Exchange Board, India, AIR 2004 SC 4219 = 2004 (8) TMI 389 – SUPREME COURT OF INDIA.
(d) As held in Prakash Nath Khanna vs: CIT., 2004 (9) SCC 686 = 2004 (2) TMI 3 – SUPREME COURT, the language emplo

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to be inferred that it did not want to convey the same meaning. It may also be noted that the Legislature does not use any surplusage or superficial words or phrases.
31. If the provisions of section 13 (8) (b) of the IGST Act, were to cover and encompass both the types of Brokers, Agents in relation to goods and services, nothing was simpler than to re-draft section 13 (8) (b) as below and say:
* Section 13(8) (b) “services of intermediary”, and
* Then the word “intermediary” being defined, it would have covered the services of the Broker / Agent in relation to either the “goods” or “services” or even both.
(i) Instead, section 13(8)(b) has adopted the expression: “intermediary services” which expression was prevalent prior to 2014-Amendment of POPS Rules, 2012, which distinguishes it from the “main service”,
(ii) Another reason is that that the term; Agent, appearing in the definition of “intermediary” has to be understood as excluding “consignment agent”, which stands defined

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anted to have wider meaning of “services”, it would have used the phraseology “services of intermediary” rather than “Intermediary services”
(vii) It is not open to inject definition of “intermediary” as Amended in 2014, by interpretative process when the context of Section 13 (8) is specifically restricted & made applicable to specified/selected services.
(viii) When reading “intermediary” as an adjective, one has to give due meaning to it and read that expression to convey those “services” which are contradistinguished from the “main” services.
(ix) 'In other words, the clause must be held as applicable if the intermediary is acting as broker / agent in the main transaction of supply of services between the service provider and the service recipient; and not where the seller is supplying “goods” to the buyer or recipient of supply / goods.
(x) Any other interpretation would be against the Legislative mandate expressed from the phraseology used to pin-point its intention.
(xi)

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the Legislature uses a particular phraseology, full meaning must be given by following the rules of English grammar. In that sense, the word: “intermediary” being an adjective of services, in section 13(8) (b), the defined word:
“intermediary” cannot be brought-in to inject the concept of services relating to goods.
(C) The expression, “intermediary services” had acquired definite connotation when the POPS Rules, 2012 were brought in to play, namely, the service s differentiated from the “'main services”. Since the term “intermediary services” is nomen juris, the CSI* Law when it uses it, then it must be understood in that sense only.
(d) It therefore, follows that the section 13(8) (b) cannot be held as taking away the benefit of export service to Micro as the supplier of service is in the Taxable Territory and the recipient is in the non-taxable territory. Therefore section 7 (5) (a) of the IGST Act:
(5) Supply of goods or services or both, –
(a) when the supplier is loc

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SED
IV-STATUTORY PROVISIONS:
7. Before proceeding to make legal submissions, it is necessary to Review the statutory provisions of law:
(i) Section 2 of the IGST Act:
“export of services” means the supply of any service when, –
(i) the supplier of service is located in India;
(ii) the recipient of service is located outside India;
(iii) the place of supply of service is outside India;
(iv) the payment for such service has been received by the supplier of service in convertible foreign exchange; and
(v) the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with Explanation 1 in section 8;
(ii) Section 13 of the IGST Act is made applicable to determine the 'place of service', where location of supplier or location of recipient of service (either) is outside India.
(iii) In the present case, the supplier of service is located in India and customer i.e. recipient of Service is located outside India, Ge

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defined in Section 2(13) of the IGST Act:
“(13) 'intermediary' means a broker, an agent or any other person, by whatever name called, who arranges or facilitates the supply of goods or services or both, or securities, between two or more persons, but does not include a person who supplies such goods or services or both or securities on his own account”.
(vi) Consequently, the Applicant being a Broker (or Commission Agent) and facilitator between the German -seller of the goods and the and the Indian-buyer of the goods, shall be covered under the definition of Intermediary” under Section 2 (13) of the IGST Act bringing about a deal for export-import of goods/equipment, a cross-border transaction in the nature of inter state sale under IGST Act.
IV-STATUTORY PROVISIONS: RULES OF INERPRETATION:
8. At this stage, it is necessary to refer to well settled Rules of Interpretation of statues:
(i) Legislative enactment is an edict. One has to read what is expressly stated in the ena

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, vide Swedish Match AB vs. Securities and Exchange Board, India, AIR 2004 SC 4219 = 2004 (8) TMI 389 – SUPREME COURT OF INDIA.
(vii) (vi) As held in Prakash Nath Khanna vs. C.I.T. 2004 (9) SCO 686 = 2004 (2) TMI 3 – SUPREME COURT, the language employed in a statute is the determinative factor of the legislative intent. (vii) The legislature is presumed to have made no mistake.
(viii) The legislature intends to say, what it has said.
(ix) Assuming there is a defect or an omission in the words used by the legislature, the Court cannot correct or make up the deficiency, especially when a literal reading thereof produces an intelligible result, vide Delhi Financial Corporation vs Rajiv Anand 2004 (11) SCC 625 = 2004 (3) TMI 749 – SUPREME COURT OF INDIA.
VLEGAL SUBMISSIONS:
9. In the light of the aforesaid rules of interpretation, it can be said that when the Legislature has used two un-identical and non-synonymous terms/ expression, it has to be inferred that it did not want to con

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doctrine of reading down is applied where the provisions of the statute are vague and ambiguous and it is possible to gather the intention of the legislature from the object of the statute, the context in which the provision occurs and the purpose for which it is made.
* In the case on hand. the title of section 13(8) of the IGST Act shows that it is meant to “apply to specified services”, and clauses (a) and (c) relate to “pure services”. Clause (b) cannot take in its fold “services” in relation to “goods”; because the entire CSI* Law maintains dichotomy between the “goods” and “services”. Section 2(102) of the CGSST Act: “services” means anything other than goods, money and securities but includes…
(ii) Further, it is well settled that every word or phrase in a clause takes colour from the other related clauses in the same section, namely, sub-section (8), section 13 of IGST Act.
(iii) As stated earlier, if the Legislature wanted to have wider meaning of “services”, it would

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, the language of a taxing statute should ordinarily be read understood in the sense in which it is harmonious with the object of the statute to effectuate the legislative animation. A taxing statute should be strictly construed; common sense approach, equity, logic, ethics and morality have no role to play. Nothing is to be read in, nothing is to be implied; one can only look fairly at the language used and nothing more and nothing less. (J. Srinivasa Rao v. Govt. A.P. and Anr. 2006(13) SCALE 27 = 2006 (11) TMI 620 – SUPREME COURT OF INDIA, Raja Jagadambika Pratap Narain Singh v. C.B.D.T., (1975) 100 ITR 698 (SC)) = 1975 (7) TMI 1 – SUPREME COURT.
(ix) It is settled law that by an interpretative process the legislative edict cannot be altered or re-written to bring out presumed intention.
(x) The expression, “intermediary services” had acquired definite connotation when the POPS Rules, 2012 were brought in to play, namely, the services differentiated from the “main services”. Since

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l sense only:
(d) It therefore. follows that the section 13(8) (b) cannot be held as taking away the benefit of export service as defined in section 7 (5) (a) of the IGST Act. Consequently “zero-rated tax” benefit under section 16 would be available.
VI-PRAYER:
13. In the circumstances, the Applicant most respectfully prays:
(a) That it be held that the services of the Applicant as an intermediary are “received & consumed” by the Principals in Germany, and as such “the place of supply is Germany” as per section 13(2) of the IGST Act, and hence all the conditions in section 2(6) are concurrently fulfilled qualifying the impugned services as “export of services”; and hence 'zero rated supply' in terms of section 16 of the IGST Act,
(b) If this Honourable Authority holds that either CGST/SGST or IGST is payable, then the “taxable value”, and net CGST/ MGST or IGST payable may please be determined specifying the rate of GST & computation methodology.
(c) Any other or further relie

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India;
(iv) the payment for such service has been received by the supplier of service in convertible foreign exchange; and
(v) the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with Explanation 1 in section 8.
* As per Section 97(2) of CGST MGST Act 2017, The question on which the advance ruling is sought under this Act, shall be in respect of
(a) classification of any goods or services or both;
(b) applicability of a notification issued under the provisions of this Act;
(c) determination of time and value of supply of goods or services or both;
(d) admissibility of input tax credit of tax paid or deemed to have been paid;
(e) determination of the liability to pay tax on any goods or services or both;
(f) whether applicant is required to be registered;
(g) whether any particular thing done by the applicant with respect to any goods or services or both amounts to or results in a supply of goods or

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er point No. vi and vii, dealer has quoted that – “legislature is presumed to have made no mistakes and legislature intends to say, what it has said.”
B. Without prejudice to above, I further submit that dealer's contention to differentiate intermediary Service for Service and intermediary Services for goods is not correct. The dealer has pointed out dichotomy between goods and Services and has argued that Section 13(8) connotes to Specified Services for Services and not for goods. He has argued to differentiate between Intermediary Services and Services of intermediary.
It must be noted that the constitution (one hundred and first amendment) act, 2016 was passed by Parliament to merge taxation between for goods and Services. Also, the IGST Act categorically defines Nature, place, time and Zero rated supply. Section 13 of IGST Act expressly provides Place of Supply as per location of Suppliers, recipient and nature of Service.
It is an established principle of interpretation that i

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plication was admitted and called for final hearing on 24.07.2018, Sh. D. P. Bhave, Advocate along with Sh. Ajay Wadke, C.A. appeared and made oral and written submissions. The Jurisdictional Officer, Sh. Rishikesh Wagh, Asstt. Commr. of S.T. (D-906), Mumbai appeared and stated that they would be making submissions immediately.
05. OBSERVATIONS
We have gone through the facts of the case, submissions made by the applicant and the documents on record. The applicant, Ms Vishaka Prashant Bhave, is the proprietor of the firm M/s. Micro Instruments (hereinafter referred to, as 'MI') and had made the subject application in her capacity as a proprietor.
Briefly stated, MI is providing services to its Principals at Germany, by way of procuring Purchase Orders (P. O.) from the parties in India who desire to purchase advanced type of Laboratory Equipment from their Principals. A floor price is fixed by the Principals for the said equipments and MI negotiates the terms of supply including fixa

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y Equipment from Germany, is liable to GST either under CGST/SGST Act, 2017 or the IGST Act, 2017?
In simple terms 'intermediary' can be explained as a firm or a person, etc. Who acts as a link between parties for the conduction of business, etc. We find from the question posed that the applicant is of the opinion that they are providing services as an intermediary. The facts also reveal likewise and therefore we first take up the definition of an intermediary as per GST laws.
The term 'Intermediary' is defined in Section 2(13) of IGST Act, 2017 as:- 'intermediary' means a broker, an agent or any other person, by whatever name called, who arranges or facilitates the supply of goods or services or both, or securities, between two or more persons, but does not include a person who supplies such goods or services or both or securities on his own account”
From the above definition we find that an intermediary can be a broker, an agent or any other person who arranges and facilitates the

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is received by them, in this case, in freely convertible currency. We agree with this contention of the applicant that they are providing taxable services in the instant case.
Since the applicant, being the supplier of service is located in India and the recipient of Service i.e. supplier of goods is located outside India, Section 13 of the IGST Act, 2017 would be applicable to determine the place of service. As per Section 13 (8) (b) of the said Act, the place of supply of Intermediary Services shall be the location of the supplier of services, in this case, the applicant. Since the place of supply of services in the instant case is in taxable territory, the said intermediary services cannot be treated as export of services under the provisions of the GST laws.
In order to classify as 'export of service', as per section 2(6) of the Integrated Goods and Service Tax Act, 2017, one of the crucial condition as contained under sub-clause (iii) requires that the place of supply of servic

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mediary service, which states that inter-state supply of goods or services or both in the taxable territory shall be treated to be a supply of goods or services or both in the course of inter-state trade or commerce, however, the same should not be an intrastate supply and should not be covered elsewhere in section 7 of the IGST Act.
Section 8 of the Integrated Goods and Service Tax Act, 2017 deals with the provisions of intra-state. Applying the provisions of section 8 (2) which states that 'subject to the provisions of section 12, in case where the location of the supplier and the place of supply of services are in the same state or in the same union territory, the supply of service shall be treated as intra-state supply'.
The above provisions of inter-state supply and intra-state supply have clarity when both the recipient and the supplier of services are located in India. However as in the subject case, when the recipient is located outside India provisions of section 7(5)(c) sha

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with provisions of section 12, the same cannot be made applicable in case the recipient of service is located outside India.
Thus we find that in case the intermediary services are provided to the recipient located outside India, the inter-state provisions as contained under section 7(5) (c) shall be applicable and hence IGST is payable under such transaction.
06. In view of the extensive 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-23/2018-19/B-87
Mumbai, dt. 10/08/2018
For reasons as discussed in the body of the order, the questions are answered thus –
Question :- (i) Whether the “Commission” received by the Applicant in convertible Foreign Exchange for rendering services as an “Intermediary” between an exporter abroad receiving such services and an Indian importer Of an Equipment, is an “export of service” falling under

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Seeks to prescribe the due dates for filing FORM GSTR-3B for the months from July, 2018 to March, 2019.

Seeks to prescribe the due dates for filing FORM GSTR-3B for the months from July, 2018 to March, 2019.
F.No. 3240/CTD/GST/2017/06 Dated:- 10-8-2018 Puducherry SGST
GST – States
Puducherry SGST
Puducherry SGST
GOVERNMENT OF PUDUCHERRY
COMMERCIAL TAXES DEPARTMENT
F.No. 3240/CTD/GST/2017/6.
Puducherry, the 10th August 2018.
NOTIFICATION
In exercise of the powers conferred by sub-rule (5) of rule 61 of the Puducherry Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as the said rules), read with section 168 of the Puducherry Goods and Services Act, 2017 (Act No. 6 of 2017) [hereafter in this notification referred to as the said Act] the Commissioner of State Tax, Puducherry, on the recommendatio

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Jagatjit Industries Limited & Anr. Sabmiller India Limited & Anr. Versus Union of India & Ors.

Jagatjit Industries Limited & Anr. Sabmiller India Limited & Anr. Versus Union of India & Ors.
GST
2018 (12) TMI 838 – DELHI HIGH COURT – 2019 (365) E.L.T. 911 (Del.)
DELHI HIGH COURT – HC
Dated:- 10-8-2018
W. P. (C) 3277/2017, C. M. APPL. 14275/2017, W. P. (C) 4204/2017, C. M. APPL. 18404/2017 – 2019 (22) G. S. T. L. 350 (Del. )
GST
MR. S. RAVINDRA BHAT AND MR. A. K. CHAWLA JJ.
Through: Sh. Tarun Gulati, Sh. Shashi Mathews, Sh. Vasu Nigam, Ms. Rachana Yadav, Sh. Vinod Kapoor and Ms. Vidhi Goel, Advocates, for petitioner, in Item Nos. 4 and 5.
Sh. Sanjeev Narula, CGSC with Sh. Rishabh Sahu and Sh. Sameer Sharma, Advocates, for UOI, in Item No.4.
Sh. Satyakam, ASC with Sh. Shashwat Parihar, Advocate, for Respodnent No

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Ministry of Finance
Department of Revenue
Tax Research Unit
**************
Room No.146G, North Block,
New Delhi, 31st July, 2018
To,
The Joint Commissioner (Legal),
GST Delhi East,
C.R. Building, I.P. Estate,
New Delhi-110109
Sub: WP No.3277/2017 filed by M/s. Jagatjit Industries in the Hon'ble High Court of Delhi related to service tax on license fee paid for liquor license – reg.
Sir,
The undersigned is directed to refer to email dt. 18.07.2018 and 25.07.2018 (copy attached) in regard to Writ Petition No. 3277/2017 filed by M/s. Jagatjit Industries in the Hon'ble High Court of Delhi challenging levy of service tax on license fee paid for liquor license.  
2. The issue was discussed in the 26th GST Council Meeting held

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Registration required for cultivation of Prawns & Trading the same?

Registration required for cultivation of Prawns & Trading the same?
Query (Issue) Started By: – akhil revuri Dated:- 9-8-2018 Last Reply Date:- 21-8-2018 Goods and Services Tax – GST
Got 6 Replies
GST
Dear Expert,
1) Please let me know if we have to require to register under GST in case of person is into cultivation of Prawns & selling it subsequently?
2) Is Sale of Prawn taxable under gst?
3) If so, tell me the HSN code & Tax Rate.
Thanks in advance!
Reply By DR.MARIAPPAN GOVINDARAJAN:
The Reply:
HSN CODE – 03 – NIL RATE. In my view you are not required to register
Reply By Himansu Sekhar:
The Reply:
Not required
Reply By PAWAN KUMAR:
The Reply:
i am in line with the reply of Sh.Govindarajan Sir. Prawn is with HSN 0

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Provisional registration cancelled

Provisional registration cancelled
Query (Issue) Started By: – RACHHPAL JASROTIA Dated:- 9-8-2018 Last Reply Date:- 10-8-2018 Goods and Services Tax – GST
Got 4 Replies
GST
Sir,
Our provisional registration ID is cancelled . We had not applied for cancellation. we have made purchase/sales transactions in lacs. How to restore my registration ? How to use my stock under the initial regtistrtation?
Regards
Reply By DR.MARIAPPAN GOVINDARAJAN:
The Reply:
The Department may cancel you

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GST queries

GST queries
Query (Issue) Started By: – Yatin Bhopi Dated:- 9-8-2018 Last Reply Date:- 22-5-2019 Goods and Services Tax – GST
Got 5 Replies
GST
Dear experts,
Below are some of my queries please share your views
1. We pay commission to foreign vendor who facilitate to find customers. But as per POS rules GST is not payable in such case.
Q. Whether this will be treated as exempted supply? (applicability of reversal of proportionate ITC)
2. There are some supplier who charged freight charges in their bill but not pay GST saying that GST payable by receipt. But actual freight is paid by supplier to the transporter and not by us.
Q. Who is liable to pay tax?
3. We purchase goods on ex works basis. We also insured our goods aga

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freight.
In that supplier is eligible for ITC on freight.
Here supplier has to charge GST on freight as it is shown separately on invoice. Like Gst on taxable value(basic price + freight).
You can avail ITC on receipt of material in your premises.
Q3. No issue will come. Only thing is ITC not available on lost material as you mentioned as per sec 17(5).
Q4. It may be treated as reduction in freight due to poor service. Here you are raising debit note on transporter then GST to be charged.
You have to declare the debit note in GSTR-1 return and liability will go up. This is credit note for transporter and they will declare CN in GSTR-1. This will reduce transporter tax liability.
Reply By DR.MARIAPPAN GOVINDARAJAN:
The Reply:
I endo

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and Regards
8510081001, 9811004443
Reply By Ganeshan Kalyani:
The Reply:
1. It is import of service. Igst is applicable.
2. Supplier is liable to pay GST under reverse charge on the freight service he has availed. Subsequently when he recovers the said expense from you then he has to charge GST provided the main material is taxable and you would be able to take credit because it is your input .
3. No issue, in my view.
4. GST paid will be reduced the extend of debit note
Reply By Jaimin Kansara:
The Reply:
Q- One of my transporter damage our material and supplier return that material against raise a tax invoice, now question is that how can we recover that amount from my transporter.
1. Can we debit the transporter ledger with tha

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Krishi Kalyan Cess Credit from June 2017 Not Allowed as Input Tax Credit Under CGST Act, Rules AAR.

Krishi Kalyan Cess Credit from June 2017 Not Allowed as Input Tax Credit Under CGST Act, Rules AAR.
Case-Laws
GST
Transitional Credit – Krishi Kalyan Cess (KKC) – The accumulated credit by way of Krishi Kalyan Cess (KKC) as appeared in the Service tax return of Input Service Distributor (ISD) on June 30, 2017 which is carried forward in the electronic credit ledger maintained by the Appellant under CGST Act 2017, shall not be allowed to be taken as admissible input tax credit – the orde

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Caesarstone Classified Under HSN Code 6810 for GST: Authority for Advance Rulings (AAR) Decision Upheld.

Caesarstone Classified Under HSN Code 6810 for GST: Authority for Advance Rulings (AAR) Decision Upheld.
Case-Laws
GST
Classification of the product – Caesarstone – whether classified under H

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Carry forward of Service tax in GST in ISD Registration and distribution

Carry forward of Service tax in GST in ISD Registration and distribution
Query (Issue) Started By: – JSW CEMENTLIMITED Dated:- 9-8-2018 Last Reply Date:- 9-8-2018 Goods and Services Tax – GST
Got 1 Reply
GST
We had carried forward closing balance of Service tax from the return filed for the period April 17 to June 17 in tran1 of ISD registration in GST. We are unable to distribute the same while department is verifying the details of credit availed in the GST through Tran1. I receiv

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IGST OR CGST&SGST

IGST OR CGST&SGST
Query (Issue) Started By: – Kusalava InternationalLimited Dated:- 9-8-2018 Last Reply Date:- 28-8-2018 Goods and Services Tax – GST
Got 6 Replies
GST
I am an individual taxable person.I have given my flat for rent to one company which was located in AP.Flat was located in hyderabad which was used as guest house by them.Now I have to raise gst invoice to that company.Whether I have to charge IGST OR CGST&SGST?
I have taken Registration in AP because I dont have any business premises in hyd.
Reply By ANITA BHADRA:
The Reply:
IGST
The place of supply shall be the location of the immovable property. which is Hyderabad in your case .[refer to section 12 of IGST Act
Reply By DR.MARIAPPAN GOVINDARAJAN:
The Reply

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matters related thereto, official, social, cultural, religious or business function including services provided in relation to such function at such property; or
(d) any services ancillary to the services referred to in clauses (a), (b) and (c),
shall be the location at which the immovable property or boat or vessel, as the case may be, is located or intended to be located:
In view of the above provision and since your flat is located at Hyderabad, you have to take registration in Hyderabad (Telengana) and pay cgst and sgst.
Reply By CASusheel Gupta:
The Reply:
Respected Sir
With due regards to all experts
POS does not decide the place of registration.
We r in AP and supplying service from there only and no registration required

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Clarification regarding applicability of GST on various goods and services–reg.

Clarification regarding applicability of GST on various goods and services–reg.
52/26/2018 Dated:- 9-8-2018 CGST – Circulars / Ordes
GST
Circular No.52/26/2018-GST
F.No.354/255/2018-TRU (Part-2)
Government of India
Ministry of Finance
Department of Revenue
(Tax Research Unit)
*****
North Block, New Delhi
Dated, 9th August, 2018
To
Principal Chief Commissioners/ Principal Directors General,
Chief Commissioners/ Directors General,
Principal Commissioners/ Commissioners of Central Excise and Central Tax (All),
All under CBEC.
Madam/ Sir,
Subject: Clarification regarding applicability of GST on various goods and services-reg.
Representations have been received seeking clarification in respect of applicable GST rates on the following items:
(i) Fortified Toned Milk
(ii) Refined beet and cane sugar
(iii) Tamarind Kernel Powder (Modified & Un Modified form)
(iv) Drinking water
(v) Plasma products
(vi) Wipes using spun lace non-woven fabric
(vii) Real Zari Kas

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0401.
4.1 Applicable GST rate on refined beet and cane sugar: Doubts have been raised regarding GST rate applicable on refined beet and cane sugar. Vide S. No. 91 of schedule I of notification No. 1/2017-Central Tax (Rate) dated 28.06.2017, 5% GST rate has been prescribed on all kinds of beet and cane sugar falling under heading 1701.
4.2 Doubts seem to have arisen in view of S. No. 32 A of the Schedule II of notification No. 1/2017-Central Tax (Rate) dated 28.06.2017, which prescribes 12% GST rate on “All goods, falling under tariff items 1701 91 and 1701 99 including refined sugar containing added flavouring or colouring matter, sugar cubes (other than those which attract 5% or Nil GST)”.
4.3 It is clarified that by virtue of specific exclusion in S. No. 32 A, any sugar that falls under 5% category [at the said S. No. 91 of schedule I of notification No.1/2017-Central Tax (Rate) dated 28.06.2017] gets excluded from the S. No. 32 A of Schedule II. As all kinds of beet and cane suga

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ave been expressed regarding GST rate on Tamarind kernel powder, as the said notification does not specifically mention the word “modified”.
5.4 As both plain (unmodified) tamarind kernel powder and treated (modified) tamarind kernel powder fall under chapter 13, it is hereby clarified that both attract 5% GST in terms of the said notification.
6.1 Applicability of GST on supply of safe drinking water for public purpose: Representations have been received seeking clarification regarding applicability of GST on supply of safe drinking water for public purpose.
6.2 Attention is drawn to the entry at S. No. 99 of notification No. 2/2017-Central Tax (Rate) dated 28.06.2017, by virtue of which water [other than aerated, mineral, purified, distilled, medicinal, ionic, battery, de-mineralized and water sold in sealed container] falling under HS code 2201 attracts NIL rate of GST.
6.3 Accordingly, supply of water, other than those excluded from S. No. 99 of notification No. 2/2017-Central

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d 28th June, 2017, and attracts 5% GST. Other items falling under HS Code 3002 (including plasma products) would attract 12% GST under S. No. 61 of Schedule II of the said notification, not specifically covered in the said List I.
7.4 Thus, a harmonious reading of the two entries would mean that normal human plasma would attract 5% GST rate under List I (S. No. 186), whereas plasma products would attract 12% GST rate, if otherwise not specifically covered under the said List.
8.1 Appropriate classification of baby wipes, facial tissues and other similar products: Varied practices are being followed regarding the classification of baby wipes, facial tissues and other similar products, and references have been received requesting for correct classification of these products. As per the references, these products are currently being classified under different HS codes namely 3307, 3401 and 5603 by the industry.
8.2 Commercially, wipes are categorized into various types such as baby wip

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the article should be taken into consideration while deciding the classification, it is clear that the essential character of the wipes in the instant case is imparted by the components which are to be mixed with the textile material.
8.4 As per the explanatory notes to the HSN, the HS code 5603 clearly excludes nonwoven, impregnated, coated or covered with substances or preparations such as perfumes or cosmetics, soaps or detergents, polishes, creams or similar preparations. The HSN is reproduced as follows : “The heading also excludes:
Nonwoven, impregnated, coated or covered with substances or preparations [i.e. perfumes or cosmetics (Chapter 33), soaps or detergents (heading 3401), polishes, creams, or similar preparations (heading 3405), fabric, softeners (heading 3809)] where the textile material is present merely as a carrying medium. Further, HS code 3307 covers wadding, felt and non-woven, impregnated, coated or covered with perfumes or cosmetics. The HS code 3401, would cov

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(thread): Certain doubts have been raised regarding the classification and applicable GST rate on Kasab thread (a metallised yarn) as yarn falling under heading 5605 attracts 12% GST, as per entry 137 of the Schedule-II-12% of the notification No.01/2017-Central Tax (rate) dated 28.06.2017, while specified embroidery product falling under 5809 and 5810 attracts GST @ 5%, as per entry no. 220 of the Schedule-I-5% of the above-mentioned notification.
9.2 The heading 5809 and 5810 cover embroidery and zari articles. These heading do not cover yarn of any kinds. Hence, while these headings apply to embroidery articles, embroidery in piece, in strips, or in motifs, they do not apply to yarn, including Kasab yarn.
9.3 Further all types of metallised yarns or threads are classifiable under tariff heading 5605. Kasab (yarn) falls under this heading. Under heading 5605, real zari manufactured with silver wire gimped (vitai) on core yarn namely pure silk and cotton and finally gilted with gold

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ling under any chapter also attracts GST rate of 5%, vide S. No. 252 of Schedule I of the said notification. The Marine engine for fishing vessel falling under Tariff item 8408 1093 of the Customs Tariff Act, 1975 would attract a GST rate of 5% by virtue of S. No. 252 of Schedule I of the notification No. 01/2017-Central Tax (rate) dated 28.06.2017.
10.2 Therefore, it is clarified that the supplies of marine engine for fishing vessel (being a part of the fishing vessel), falling under tariff item 8408 10 93 attracts 5% GST.
11.1 Applicable GST rate on cotton quilts under tariff heading 9404-Scope of the term “Cotton Quilt”.
11.2 Cotton quilts falling under tariff heading 9404 attract a GST rate of 5% if the sale value of such cotton quilts does not exceed ₹ 1000 per piece [as per S. No. 257 A of Schedule I of the notification No. 01/2017-Central Tax (rate) dated 28.06.2017]. However, such cotton quilts, with sale value exceeding ₹ 1000 per piece attract a GST rate of 12%

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and attract 28% GST. Further, chassis fitted with engines [8705] and whole bodies (including cabs) for buses [8707] also attract 28% GST. In this context, it is mentioned that the services of bus body fabrication on job work basis attracts 18% GST on such service. Thus, fabrication of buses may involve the following two situations:
a) Bus body builder builds a bus, working on the chassis owned by him and supplies the built-up bus to the customer, and charges the customer for the value of the bus.
b) Bus body builder builds body on chassis provided by the principal for body building, and charges fabrication charges (including certain material that was consumed during the process of job-work).
12.3 In the above context, it is hereby clarified that in case as mentioned at Para 12.2(a) above, the supply made is that of bus, and accordingly supply would attract GST @28%. In the case as mentioned at Para 12.2(b) above, fabrication of body on chassis provided by the principal (not on acco

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ading 6813 and attract 18% GST.
13.3 In the above context, it is mentioned that as per HSN Explanatory Notes, heading 8708 covers “Brakes (shoe, segment, disc, etc.) and parts thereof (plates, drums, cylinders, mounted linings, oil reservoirs for hydraulic brakes, etc.); servo-brakes and parts thereof, while Chapter 68 covers articles of Stone, Plaster, Cement, Asbestos, Mica or similar materials. Further, HSN Explanatory Notes to the heading 6813 specifically excludes:
i) Friction materials not containing mineral materials or cellulose fibre (e.g., those of cork);
ii) Mounted brake linings (including friction material fixed to a metal plate provided with circular cavities, perforated tongues or similar fittings, for disc brakes) which are classified as parts of the machines or vehicles for which they are designed (e.g. heading 8708).
13.4 Thus, it is clear, in view of the HSN Explanatory Notes that the said goods, namely “Disc Brake pad” for automobiles, are appropriately classifi

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Clarification regarding applicability of GST on the petroleum gases retained for the manufacture of petrochemical and chemical products – regarding

Clarification regarding applicability of GST on the petroleum gases retained for the manufacture of petrochemical and chemical products – regarding
53/27/2018 Dated:- 9-8-2018 CGST – Circulars / Ordes
GST
Circular No.53/27/2018-GST
F.No.354/255/2018-TRU (Part-2)
Government of India
Ministry of Finance
Department of Revenue
(Tax Research Unit)
*****
North Block, New Delhi
Dated, 9th August, 2018
To
Principal Chief Commissioners/Principal Directors General,
Chief Commissioners/Directors General,
Principal Commissioners/Commissioners,
All under CBIC.
Madam/Sir,
Subject: Clarification regarding applicability of GST on the petroleum gases retained for the manufacture of petrochemical and chemical products – regarding.

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cation on applicability of GST on petroleum gases, which are supplied by oil refineries to them on a continuous basis through dedicated pipelines, while a portion of the raw material is retained by these manufacturers (recipient of supply), and the remaining quantity is returned to the oil refineries. In this regard, an issue has arisen as to whether in this transaction GST would be leviable on the whole quantity of the principal raw materials supplied by the oil refinery or on the net quantity retained by the manufacturers of petrochemical and chemical products.
3. The GST Council in its 28th meeting held on 21.7.2018 discussed this issue and recommended for issuance of a general clarification for petroleum sector that in such transaction

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Classification of fertilizers supplied for use in the manufacture of other fertilizers at 5% GST rate- reg.

Classification of fertilizers supplied for use in the manufacture of other fertilizers at 5% GST rate- reg.
54/28/2018 Dated:- 9-8-2018 CGST – Circulars / Ordes
GST
Circular No. 54/28/2018-GST
F. No. 354/255/2018-TRU (Part-2)
Government of India
Ministry of Finance
Department of Revenue
(Tax Research Unit)
North Block, New Delhi
Dated, 9th August, 2018
To
Principal Chief Commissioners/Principal Directors General,
Chief Commissioners/Directors General,
Principal Commissioners/Commissioners,
All under CBIC.
Madam/Sir,
Subject: Classification of fertilizers supplied for use in the manufacture of other fertilizers at 5% GST rate- reg.
References have been received regarding a clarification as to whether simple fertilizer

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nthesis.
2.2 In the pre-GST regime, the concessional duty rate was prescribed for fertilizers falling under Chapter 31 of the Tariff (notification No. 12/2012-Central Excise). This concessional rate was applied to goods falling under Chapter 31 which are clearly to be used directly as fertilizers or in the manufacture of other fertilizers, whether directly or through the stage of an intermediate product.
3. In the GST regime, tax structure on fertilizers has been prescribed on the lines of pre-GST tax incidence. The wording of the GST notification is similar to the central excise notification except certain changes to meet the requirements of GST. These changes were necessitated as GST is applicable on the supply of goods while central ex

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Assam Goods and Services Tax (Seventh Amendment) Rules, 2018

Assam Goods and Services Tax (Seventh Amendment) Rules, 2018
FTX.56/2017/Pt-I/116 Dated:- 9-8-2018 Assam SGST
GST – States
Assam SGST
Assam SGST
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
FINANCE (TAXATION) DEPARTMENT
NOTIFICATION
The 9th August, 2018
NO. FTX.56/2017/Pt-I/116.- In exercise of the powers conferred by section 164 of the Assam Goods and Services Tax Act, 2017, the Governor of Assam is hereby pleased further to amend the Assam Goods and Services Tax Rules, 2017. hereinafter referred to as the principal rules, namely:-
Short title and commencement
1. (1) These rules may be called the Assam Goods and Services Tax (Seventh Amendment) Rules, 2018.
(2) They shall come into force with effect from 12th day of J

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Bihar Goods and Services Tax (Seventh Amendment)Rules, 2018

Bihar Goods and Services Tax (Seventh Amendment)Rules, 2018
S.O. 222 Dated:- 9-8-2018 Bihar SGST
GST – States
Bihar SGST
Bihar SGST
Commercial Tax Department
Notification
The 9th August 2018
S.O. 222 -In exercise of the powers conferred by section 164 of the Bihar Goods and Services Tax Act, 2017 (12 of 2017), the Governor of Bihar, hereby makes the following rules further to amend the Bihar Goods and Services Tax Rules, 2017, namely:-
1. (1) These rules may be called the Bihar Goods and Services Tax (Seventh Amendment) Rules, 2018.
(2) They shall come into force from immediate effect.
2. In the Bihar Goods and Services Tax Rules, 2017, –
(i) after rule 109, the following rule 109A shall be inserted, namely:-
“109A.

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Commissioner of Central Goods and Services Tax, Rohtak Versus Surinder Raizada

Commissioner of Central Goods and Services Tax, Rohtak Versus Surinder Raizada
Central Excise
2018 (8) TMI 1097 – PUNJAB AND HARYANA HIGH COURT – TMI
PUNJAB AND HARYANA HIGH COURT – HC
Dated:- 9-8-2018
CEA No.40 of 2018 (O&M)
Central Excise
MR. RAJESH BINDAL AND MR. AMIT RAWAL, JJ.
For The Appellant : Mr. Sourabh Goel, Advocate
ORDER
RAJESH BINDAL J.
The appellant in the present appeal has challenged the order dated 24.04.2017 passed by the Customs, Excise and Service Tax Appellate Tribunal, Chandigarh arising out of Appeal No.E/719/2007, raising the following substantial questions of law:-
“(A) Whether the impugned order dated 24.04.2017, Annexure A-3, passed by the Ld. Tribunal setting aside the well reasoned

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K. KARUNAKARAN PROPRIETOR, M/s. BHARATH CONSTRUCTION COMPANY, SALEM Versus THE ASST. STATE TAX OFFICER SQUAD NO. 1, KERALA STATE GST DEPARTMENT, ALUVA AND THE COMMISSIONER OF STATE GST TAX TOWERS, KILLIPPALAM, KARAMANA, THIRUVANANTHAPURAM

K. KARUNAKARAN PROPRIETOR, M/s. BHARATH CONSTRUCTION COMPANY, SALEM Versus THE ASST. STATE TAX OFFICER SQUAD NO. 1, KERALA STATE GST DEPARTMENT, ALUVA AND THE COMMISSIONER OF STATE GST TAX TOWERS, KILLIPPALAM, KARAMANA, THIRUVANANTHAPURAM
GST
2018 (8) TMI 1141 – KERALA HIGH COURT – TMI
KERALA HIGH COURT – HC
Dated:- 9-8-2018
W. P. (C) No. 26986 of 2018 (W)
GST
MR. DAMA SESHADRI NAIDU, J.
For The Petitioner : Advs.Sri. Harisankar V. Menon, Smt.Meera V.Menon And Smt.K.Krishna
For The Respondent : Smt. Thushara James, Government Pleader
JUDGMENT
The petitioner, engaged in works contract, purchased material from Ghaziabad, as seen from Ext.P1 invoice. Ext.P2 e-way bill, however, did not contain the details of the vehi

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GARUDA TIMBER TRADERS Versus THE ASSISTANT STATE TAX OFFICER (INTELLIGENCE), SQUAD NO. 1, STATE GSD DEPARTMENT, MALAPPURAM, THE COMMISSIONER, STATE GSD DEPARTMENT, TAX TOWER, KARAMANA, THIRUVANANTHPAURAM, THE SECRETARY CENTRAL BOARD OF EXCISE AN

GARUDA TIMBER TRADERS Versus THE ASSISTANT STATE TAX OFFICER (INTELLIGENCE), SQUAD NO. 1, STATE GSD DEPARTMENT, MALAPPURAM, THE COMMISSIONER, STATE GSD DEPARTMENT, TAX TOWER, KARAMANA, THIRUVANANTHPAURAM, THE SECRETARY CENTRAL BOARD OF EXCISE AND CUSTOMS, NEW DELHI, UNION OF INDIA REPRESENTED BY ITS SECRETARY, NEW DELHI AND THE DEPUTY COMMISSIONER DEPARTMENT OF STATE GST, PALAKKAD
GST
2018 (8) TMI 1142 – KERALA HIGH COURT – 2018 (16) G. S. T. L. 4 (Ker.)
KERALA HIGH COURT – HC
Dated:- 9-8-2018
W. P. (C). No. 26848 of 2018
GST
MR. DAMA SESHADRI NAIDU, J.
For The PETITIONER : ADV. SRI.K.S.HARIHARAN NAIR
For The RESPONDENTS : SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
JUDGMENT
Introduction:
A trader, an assessee under the new tax regime (GST), wants to carry goods (timber) inter-state. The vehicle intercepted on the route, it faces detention-and a possible confiscation-proceedings. It has not uploaded or carried with it a completed e-way bill: Part B is incom

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ll. But Garuda took a printout of the e-way bill and began its transportation.
4. On 4th August 2018, the Assistant State Tax Officer (Intelligence) [the ASO] intercepted the vehicle. The ASO obtained the driver's statements and issued Ext. P4, P4 (a) and P4 (B) besides passing the Ext.P5 detention order, alleging that the e-way bill accompanying the consignment was not fully filled in. On the same day, the ASO also issued the Ext. P6 notice under section 129 (3) of the combined Acts (CGST and KSGST).
5. After repeatedly failing to upload part B of the e-way bill, Garuda claims to have approached the Deputy Commissioner, SGST. Again, on advice, Garuda tried once more and, at last, uploaded part B. Then it filed the Ext. P8 reply along with the Ext.P7 copy of the e-way bill, incorporating Part B as well. Still, on 6th August 2018, the ASO issued the Ext. P9 demand notice, demanding tax and penalty, both amounting to Rs. 187,916/-.
6. Aggrieved, Garuda filed this writ petition: it wan

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ld not permit a consignor to upload any part of the e-way bill, then that consignor should not suffer the consequences. In other words, any technical glitches must not prejudice the assessee. Sri Nair has taken me through various statutory provisions, including section 129 and section 67 (6) of the Act. He strenuously contends that the officials cannot insist on the assessee's complying with the statutory rigour even for its technical, trivial omissions. More particularly, this triviality does not infringe the substantial statutory provisions or does not result in tax evasion.
9. Sri Nair also contends that Courts should adopt a pragmatic view of the nascent enactment which, according to him, has still been facing many teething troubles. Stressing the need to have the goods released immediately, pending further adjudication, Sri Nair relies on many decisions: Ashok Leyland Ltd. v. Assistant State Tax Officer (KER), [2018] 53 GSTR 364 (Ker) Dhanswaroopdas vs. Assistant State Tax Office

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ttle discretion with either the authorities or the courts. She stresses that once the statutory mandate is clear, its effectiveness cannot be chipped away in the name of judicial review or judicial discretion. Judicial discretion, she continues, can only fill the statutory crevices, if any, but not to stultify the efficacy of the statutory mandate.
12. In the end, Dr. James has drawn my attention to the Division Bench decisions of this Court in Commercial Tax Officer v. Madhu M.B., (2017) 64 GST 9 (Kerala) The Assistant State Tax Officer v. Indus Towers Limited, MANU/KE/1685/2018 Renji Lal Damodaran v. State Tax Officer, Judgment, dt.06.08.2018, in W.A. No.1640 of 2018 and Gati Kintetsu Express Pvt., Ltd., v. Commercial Taxes Department. Judgment, dt.5.7.2018, in W.P. 12399 of 2018, High Court of MP (DB)
Analysis:
13. In a federal constitutional set up, coordination rather than subordination at its heart, the States and the Central as the constituents have demarcated spheres of leg

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tes the notion of justice with the notion of economic efficiency and wealth maximisation. True, nations like France successfully embraced GST regimes in the 1950s. Even federal polities like Canada replaced MST (Manufacturer's Sales Tax) with GST (Goods and Services Tax) in the 1980s. India joined the fiscal reform bandwagon a little late. Tentative it was to begin with, but determined it is in this new federal fiscal path.
16. To put the concept in perspective, GST is a single tax on the supply of goods and services, right from the manufacturer to the consumer. Credits of input taxes paid at each stage will be available in the later stage of value addition. This process makes GST a tax only on value addition at each stage. The consumer will thus bear only the GST charged by the last dealer in the supply chain, with set-off benefits at all the previous stages.
17. In other words, the focus was shifted from taxable event to destination-based taxation. It avoids the evil of cascading t

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or its rules, all those goods and means of transport and documents relating to those goods and conveyance will be detained or seized. They will, however, be released to the owner of the goods (a) on its paying the applicable tax and penalty equal to one hundred percent of the tax payable on the goods. If the goods belong to an exempted category, a different rate applies, though.
21. If a person other than the owner-for example, a transporter-comes forward, it will have the goods released (b) on its paying the applicable tax and penalty equal to the fifty percent of the goods value reduced by the tax amount paid under each Act. Of course, the exempted goods do carry a different rate. Clause (c) of Section 129 permits the consignor or the other party to furnish a security equivalent to the amount payable under clause (a) or clause (b) “in such form and manner as may be prescribed.” The proviso to Section 129 ensures the principles of natural justice: there will be no detention seizure

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ed goods will be released, on a provisional basis, upon the person's executing a bond and furnishing a security, “in such manner and of such quantum, respectively, as may be prescribed or on payment of applicable tax, interest and penalty payable, as the case may be.”
26. Now, we will examine the regnant rules. Rule 140 of the KSGST Rules deals with bond and security for release of seized goods. The consignor or another person may provisionally get the goods and vehicle released by executing a bond for the value of the goods in FORM GST INS-04 and by furnishing as security bank guarantee for the tax, interest, and penalty payable. Indeed, the Explanation to the Rule holds that “applicable tax” will include the Central Tax and State tax, or Central tax and the Union territory tax and the cess, if any, under GST (Compensation to States) Act, 2017.
What are the documents to be carried along with the goods?
27. If the consignor or the consignee transports the goods, either in its own c

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atically identify and track tags attached to objects. The tags contain electronically-stored information embedded on to the conveyance.
29. Here, Garuda did not fill Part B of the e-way bill. It cited technical difficulties as the reason. On interception and after detention, it fulfilled that requirement. It has also pleaded that it approached the officials about the difficulties it faced, but was only advised that it must try again. Tried again, it succeeded; but by then, the authorities detained the goods. At least, thus goes the allegation. Garuda contends that its failure, if any, is trivial, technical. It has not tried to evade the tax, nor has the authorities, he also contends, accused it of tax evasion.
30. Before moving ahead, I may address one issue; that is, about the judicial discretion. Sri Hariharan has persistently pleaded that the officers cannot blindly insist that the consignor or the transporter must follow the provisions without exception. There can be, he argues,

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t act mechanically, but will weigh, reflect, gain impressions, test, and study.
32. The subject is not one, Barak cautions, in which we must create something out of nothing. Instead, it is necessary, at most, to reorganize the “something” that already exists. Id., p.6 Giving the court discretion to carry out the concretization of the law has, along with its advantages, several drawbacks. These stem primarily from the impossibility of foretelling the outcome of exercising discretion, and, as a result, judicial certainty and the ability to plan for the long term suffer. Id., p.15
33. To put the concept of judicial discretion in perspective, I may quote who else than the irrepressible, inimitable Chief Justice John Marshall. He observed in Osborn v. The Bank of the United States 22 U.S. 738, 866 (1824) about the discretion enjoyed by judges thus:
When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discovering the course prescribed

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will examine them.
36. In Ashok Leyland, a consignment of motor vehicle chassis were transported. During transit, the respondent authorities detained the goods because the transporter was not carrying a copy of the stock transfer invoice/delivery challan. The transport violated Rule 55 of the CGST Rules. In that context, the petitioner challenged the demand notice, which insisted that the petitioner must make the security deposit, for the release of the goods and the vehicle.
37. A learned Single Judge of this Court has held that the petitioner has made necessary declarations under the CGST Rules. The authorities also have not disputed the genuineness of the invoices, a copy of which accompanied the goods. So Ashok Leyland set aside the demand for security deposit.
38. In Dhanswaroopdas, the petitioner failed to carry the documents prescribed. When the goods were intercepted and detained, the consigner took the plea that the prescribed declaration form could not be generated from t

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Besides, neither the State of U.P nor the Government of India brought on record, the Court found, any notification prescribing the relevant documents to be carried with the goods. Under those circumstances, the Allahabad High Court set aside the detention.
41. In Raj Iron & Building Materials, another Division Bench of the Allahabad High Court has found no allegation of evasion of tax; none of the documents-the show cause notice, the seizure order, or the penalty order-referred to any tax evasion. The Court, then, has also found there were admittedly some difficulties about downloading the e-way bill and that doubts remained on the requirement and submission of the e-way bill. So it quashed the detention order.
42. In Rivigo Services, again the Allahabad High Court has examined, I reckon, an identical issue as we have now faced. It concerns incomplete Part B of the e-way bill. In fact, the Division Bench has relied on the UP Governments clarification: when the goods were re-loaded in

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-on the distance norm. Incidentally, SBGC Logistics, discussed above, is another judgment of Allahabad High Court on the same point, with the same conclusion.
45. The High Court of Madhya Pradesh has, in the end, held that the petitioner “admittedly violated the provisions of the Rules and Act of 2017 and, learned Authority rightly imposed the penalty and directed the petitioner to pay the same. The order is not in violation of any of the provisions of the Rules and Act of 2017.”
46. Now, let me examine the precedential position at the home front: this very Court. A Division Bench in Madhu considered the scope and ambit of section 129 of the CGST Act read with Rule 140 of the CGST Rules. To begin with, a learned Single Judge directed the release of detained goods on the petitioner's paying of 50% of the demanded tax, besides his executing a simple bond. The Department appealed. The Division Bench analysed Section 129 of the then Simultaneous Ordinances. It also noted that Rule 140 p

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rned Single Judge noted that the detaining officer did not dispute the delivery challan. Nor did the transaction amounted to a taxable supply. So the finding goes thus: a mere infraction of the procedural Rules like Rules 55 and 138 of the State GST Rules cannot cause the detention of goods, though they may cause the imposition of penalty. The goods were ordered to be released. The Department assailed the direction.
49. The learned Division Bench, after examining the statutory and the precedential positions, has observed that sub-section (3) of section 55 specifically speaks of a declaration as specified in Rule 138. When goods are transported on a delivery challan, instead of an invoice; that violates the Act and Rules. The Division Bench did not agree with the learned Single Judge's view that the Department accepted the genuineness of the delivery challan. A delivery challan under section 55, it observes, is not one issued by the Department but is one “prepared by the assessee, who

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nt has no say in it. Nor can it vouch for its genuineness. The Division Bench, then, felt unable to sustain the finding that mere infraction of the procedural rules cannot cause the detention of goods. Finally, the learned Division Bench has held:
If the conditions under the Act and Rules are not complied with, definitely Section 129 operates and confiscation would be attracted. The respondents are entitled to an adjudication, but they would have to prove that in fact there was a declaration made under Rule 138 before the transport commenced. If they do prove that aspect, they would be absolved of the liability; otherwise, they would definitely be required to satisfy the tax and penalty as available under Section 129. We, hence, vacate the judgment of the learned Single Judge and allow the appeal. The vehicle and the goods having been already released unconditionally, further notice shall be issued and the adjudication under sub-section (3) completed; upon which if penalty is imposed

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goods, as directed under Rule 140 of the KSGST Rules, the authorities will provisionally release the goods.
Does any more adjudication remain under Section 129 (1) of the Act?
53. When I dictated the judgment affirming the Department's stand, then, Sri Hariharan has submitted that the Act itself contemplates expeditious disposal of the entire inquiry under Section 129-in seven days. So he wants this Court to direct the authorities to complete the inquiry and pass orders in one week from today. He has also expressed an apprehension: unless an authority superior to the inspecting authority undertakes the inquiry under section 129, prejudice may creep into the proceedings.
54. Yet Dr. Thushara James, the Government Pleader, has submitted that the goods detained, notice issued under Section 129(1), and the Garuda's reply received, the Assistant State Tax Officer completed the adjudication. To elaborate, Dr. James contends that, in the name of an interim release of the goods, Garuda ac

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s an order for payment of tax and penalty under clause (a) or clause (b) or clause (c).
57. Dr. James has drawn my attention to the proceedings of the Commissioner of Sales Tax, Kerala, in Order No.GSTC 24614/201/CT dated 06.07.2017. At item 89, it clarifies that the Assistant Commissioner of State Tax or the Assistant State Tax Officer is the adjudicating authority under Section 129(3) of the Act. So she contends that unless there is a specific challenge to Section 129 (3) and the Government Order, dt.06.07.2017, Garuda's plea of prejudice or bias cannot be accepted. Indeed, the power of detaining and that of adjudicating vest in the same authority. The advisability of the arrangement or the legality of adjudicatory machinery is not in the challenge before me. I leave the issue untouched, for this Court will not indulge in a collateral adjudication of a vital issue having wide ramifications.
Conclusion:
58. I, therefore, hold that, once the petitioner provides the bank guarantee f

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Prescribe the due dates for furnishing the details of outward supply of goods or services or both for GSTR1 from July 2018 to march 2019

Prescribe the due dates for furnishing the details of outward supply of goods or services or both for GSTR1 from July 2018 to march 2019
EXN-F(10)-24/2018-33/2018-State Tax Dated:- 9-8-2018 Himachal Pradesh SGST
GST – States
Himachal Pradesh SGST
Himachal Pradesh SGST
Government of Himachal Pradesh
Excise and Taxation Department
No.EXN-F(10)-24/2018 dated : Shimla-2 the 9th August, 2018
Notification No. 33/2018-State Tax
In exercise of the powers conferred by section 148 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017) (hereafter in this notification referred to as the said Act), the Governor of Himachal Pradesh, on the recommendations of the Council, hereby notifies the registered persons having aggr

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Seeks to prescribe the due dates for filing FORM GSTR-3B for the months from July, 2018 to March, 2019

Seeks to prescribe the due dates for filing FORM GSTR-3B for the months from July, 2018 to March, 2019
EXN-F(10)-24/2018-34/2018-State Tax Dated:- 9-8-2018 Himachal Pradesh SGST
GST – States
Himachal Pradesh SGST
Himachal Pradesh SGST
Government of Himachal Pradesh
Excise and Taxation Department
No.EXN-F(10)-24/2018 dated: Shimla-2 the 9th August, 2018
Notification No. 34/2018-State Tax
In exercise of the powers conferred by section 168 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017) (hereafter in this notification referred to as the said Act) read with sub-rule (5) of rule 61 of the Himachal Pradesh Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as the said rules), th

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M/s. GREEN NATURAL EXTRACTS PVT. LTD. Versus THE ASSISTANT COMMISSIONER, CGST AND CENTRAL EXCISE, ERNAKULAM, THE CHIEF COMMISSIONER, ERNAKULAM AND THE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, NEW DELHI, THE UNION OF INDIA, NEW DELHI

M/s. GREEN NATURAL EXTRACTS PVT. LTD. Versus THE ASSISTANT COMMISSIONER, CGST AND CENTRAL EXCISE, ERNAKULAM, THE CHIEF COMMISSIONER, ERNAKULAM AND THE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, NEW DELHI, THE UNION OF INDIA, NEW DELHI
GST
2018 (8) TMI 1735 – KERALA HIGH COURT – 2018 (17) G. S. T. L. 369 (Ker.)
KERALA HIGH COURT – HC
Dated:- 9-8-2018
W. P. (C) No. 22615 of 2018
GST
MR. DAMA SESHADRI NAIDU, J.
For The Petitioner(S) : SRI.E.P.GOVINDAN SRI.K.A.HASSAN SMT.JULIA PRIYA RESHMY SMT.G.DEEPA
For The Respondent(S) : ADV. SRI.THOMAS MATHEW NELLIMOOTTIL, SC, CENTRAL BOARD OF EXCISE & CUSTOMS, SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL AND ADV. SRI.P.R.SREEJITH,SC,GOODS AND SERVICES TAX NETWORK
JUDGMENT
The p

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t of India issued a circular for “setting up an IT Grievance Redressal Mechanism to address the grievances of taxpayers due to technical glitches on GST Portal.” Paragraph 5 of the circular outlines the procedure the Nodal Officers is to follow. It reads:
5. Nodal officers and identification of issues
5.1 GSTN, Central and State government would appoint nodal officers in requisite number to address the problem a taxpayer faces due to glitches, if any, in the Common Portal. This would be publicized adequately.
5.2 Taxpayers shall make an application to the field officers or the nodal officers where there was a demonstrable glitch on the Common Portal in relation to an identified issue, due to which the due process as envisaged in law

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cal glitch and approached this Court. Both the learned counsel submit that this Court on earlier occasions permitted the petitioner to apply to the Nodal Officer concerned to have the issue resolved.
5. So, here too, the petitioner may apply to the Nodal Officer. The petitioner applying, the Nodal Officer will look into the issue and facilitate the petitioner's uploading FORM GST TRAN-1, without reference to the time-frame. Ordered so.
6. I may also observe that if the petitioner applies within two weeks after receiving this judgment, the Nodal Officer will consider it and take steps within a week thereafter. If the uploading of FORM GST TRAN-1 is not possible for reasons not attributable to the petitioner, the authority will also enable

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