M/s VARDH PAPER PRODUCTS PVT LTD Versus COMMISSIONER OF COMMERCIAL TAX/GST & ANR.

M/s VARDH PAPER PRODUCTS PVT LTD Versus COMMISSIONER OF COMMERCIAL TAX/GST & ANR.
GST
2018 (5) TMI 1392 – SC Order – TMI
SUPREME COURT OF INDIA – SC
Dated:- 21-5-2018
Special Leave to Appeal (C) No(s). 13483/2018
GST
Mr. A.M. Khanwilkar And Mr. Navin Sinha JJ.
For the Petitioner(s) : Mr. Gaurav Bhatia, Adv., Mr. Brijesh Jauhari, Adv., Dr. Brij Bhushan K. Jauhari, Adv., Ms. Purnima, Adv., Mr. Harsh Mahan, Adv. And Mr. Deepak Anand, AOR
For the Respondent(s) : None
ORDER

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KOCHURANI BABY, PROPRIETRIX, M/s. BEVERLY IMPEX Versus STATE TAX OFFICER, FORMERLY COMMERCIAL TAX OFFICER, ASSISTANT COMMISSIONER (APPEALS), STATE GOODS AND SERVICES TAX DEPARTMENT, STATE GOODS AND SERVICES TAX DEPARTMENT, KOTTAYAM

KOCHURANI BABY, PROPRIETRIX, M/s. BEVERLY IMPEX Versus STATE TAX OFFICER, FORMERLY COMMERCIAL TAX OFFICER, ASSISTANT COMMISSIONER (APPEALS), STATE GOODS AND SERVICES TAX DEPARTMENT, STATE GOODS AND SERVICES TAX DEPARTMENT, KOTTAYAM
VAT and Sales Tax
2018 (5) TMI 1493 – KERALA HIGH COURT – TMI
KERALA HIGH COURT – HC
Dated:- 21-5-2018
W.P. (C).No.16304 of 2018
CST, VAT & Sales Tax
MR. P. B. SURESH KUMAR, J.
For The Petitioner : Sri. Tomson T. Emmanuel
For The Respondent : Smt. M. M. Jasmine
JUDGMENT
Challenging Ext.P3 appellate order under the Kerala Value Added Tax Act, the petitioner preferred Ext.P4 appeal before the Kerala Value Added Tax Appellate Tribunal. Ext.P5 is the application preferred by the petitioner

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shall be done within six weeks from the date of receipt of a copy of the judgment. If the delay in filing the appeal is condoned and if the petitioner does not produce materials indicating remittance of 30% of the disputed tax in the meanwhile, the Tribunal shall pass orders on the application for stay preferred by the petitioner also, within the aforesaid time limit. On the other hand, if the delay in filing the appeal is condoned and if the petitioner produces materials indicating remittance of 30% of the disputed tax in the meanwhile, the Tribunal shall dispose of the appeal itself, within three months thereafter. Needless to say that till orders are passed on the application for condoning the delay or the application for stay or the ap

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Amendments in Madhya Pradesh Goods and Services Tax Rules, 2017

Amendments in Madhya Pradesh Goods and Services Tax Rules, 2017
F-A 3-15-2018-I-V (47) Dated:- 21-5-2018 Madhya Pradesh SGST
GST – States
Madhya Pradesh SGST
Madhya Pradesh SGST
Commercial Tax Department
Mantralaya, Vallabh Bhawan, Bhopal
Bhopal, the 21st May 2018
No. F-A 3-15-2018-I-V (47). -In exercise of the powers conferred by Section 164 of the Madhya Pradesh Goods and Services Tax Act, 2017 (19 of 2017), the State Government hereby makes the following rules further to amend the Madhya Pradesh Goods and Services Tax Rules, 2017, namely :-
AMENDMENTS
1. Amendment in rule 89. -After sub-rule 4B in rule 89 of Madhya Pradesh Goods and Services Tax Rules, 2018, herein after referred to as said rules, the following shall be substituted, for sub-rule (5), namely :-
"(5). In the case of refund on account of inverted duty structure, refund of input tax credit shall be granted as per the following formula :-
Maximum Refund Amount = { (Turnover of inverted rated su

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the Madhya Pradesh Goods and Services Tax Act, 2017, read with Section 20 of the Integrated Goods and Services Tax Act, 2017, shall be deposited in the Fund.
(2) Where any amount, having been credited to the Fund, is ordered or directed to be paid to any claimant by the proper officer, appellate authority or court, the same shall be paid from the Fund.
(3) Accounts of the Fund maintained by the Central Government shall be subject to audit by the Comptroller and Auditor General of India.
(4) The Government shall, by an order, constitute a Standing Committee (hereinafter referred to as the 'Committee) with a Chairman, a Vice-Chairman, a Member Secretary and such other members as it may deem fit and the Committee shall make recommendations for proper utilization of the money credited to the Fund for welfare of the consumers.
(5) (a) The Committee shall meet as and when necessary, generally four times in a year;
(b) the Committee shall meet at such time and place as the Chai

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ontrol of the applicant, as may be necessary for proper evaluation of the application;
(c) to required any applicant to allow entry and inspection of any premises, from which activities claimed to be for the welfare of consumers are stated to be carried on, to a duly authorized officer of the State Government, as the case may be;
(d) to get the accounts of the applicants audited, for ensuring proper utilization of the grant;
(e) to require any applicant, in case of any default, or suppression of material information on his part, to refund in lump-sum along with accrued interest, the sanctioned grant to the Committee, and to be subject to prosecution under the Act;
(f) to recover any sum due from any applicant in accordance with the provisions of the Act;
(g) to require any applicant, or class of applicants to submit a periodical report, indicating proper utilization of the grant;
(h) to reject an application placed before it on account of factual inconsistency, or inaccurac

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ective basis) for reimbursing legal expenses incurred by a complainant, or class of complainants in a consumer dispute, after its final adjudication;
(d) for making available grants for any other purpose recommended by the Central Consumer Protection Council (as may be considered appropriate by the Committee);
(e) for making available up to 50% of the funds credited to the Fund each year, for publicity/consumer awareness on GST, provided the availability of funds for consumer welfare activities of the Department of Consumer Affairs is not less than twenty-five crore rupees per annum.
Explanation – For the purposes of this rule.
(a) 'applicant' means, –
(i). the Central Government or State Government;
(ii) regulatory authorities or autonomous bodies constituted under an Act of Parliament or the Legislature of a State or Union Territory;
(iii) any agency or organization engaged in consumer welfare activities for a minimum period of three years, registered under the

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the form as specified by the Standing Committee from time to time;
(c) 'Central Consumer Protection Council' means the Central Consumer Protection Council, established under sub-section (l) of section 4 of the Consumer Protection Act, 1986 (Central Act No. 68 of 1986), for promotion and protection of rights of consumers;
(d) 'Committee' means the Committee constituted under sub-rule (4);
(e) 'consumer' has the same meaning as assigned to it in clause (d) of sub-section (l) of section 2 of the Consumer Protection Act, 1986 (Central Act No. 68 of 1986), and includes consumer of goods on which central tax has been paid;
(f) Fund' means the Fund established by the State Government under section 57 of the Madhya Pradesh Goods and Services Tax Act, 2017 (No. 19 of 2017);
(g) 'proper officer' means the officer having the power under the Act to make an order that the whole or any part of the state tax is refundable;
3. Amendment in FORM GST ITC-0

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Entry
Description of inputs held in stock, inputs contained in semi-finished or finished goods held in stock and capital goods /plant and machinery
Unit Quantity
Code (UQC)
Qty
Value (As adjusted by debit / credit note)
Input tax credit/
Tax payable (whichever is higher) (Rs.)
No.
Date
Central tax
State/
Union territory tax
Integrated tax
Cess
1
2
3
4
5
6
7
8
9
10
11
12
8 (a) Inputs held in stock (where invoice is available)
8 (b) Inputs contained in semi-finished or finished goods held in stock (where invoice is available)
8 (c) Capital goods/plant and machinery held in stock
8 (d) Inputs held in stock or inputs as contained in semi-finished /finished goods held in stock ( where invoice is not available)
9. Amount of tax payable and paid (based on Table 8)
Sr.
No
.
Description
ITC reversible/T ax payable
Tax paid along with application for cancellation of registration (GST REG-16)
Balance tax payable (3-4)
Amount paid through d

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who are registered as :-
(i) Input Service Distributors;
(ii) Persons paying tax under section 10;
(iii) Non-resident taxable person;
(iv) Persons required to deduct tax at source under section 51; and
(v) Persons required to collect tax at source under section 52.
2. Details of stock of inputs, inputs contained in semi-finished or finished goods and stock of capital goods/plant and machinery on which input tax credit has been availed.
3. Following points need to be taken care of while providing details of stock at Sl. No.8:
(i) where the tax invoices related to the inputs held in stock or inputs contained in semi-finished or finished goods held in stock are not available, the registered person shall estimate the amount under sub-rule (3) of rule 44 based on prevailing market price of the goods;
(ii) in case of capital goods/ plant and machinery, the value should be the invoice value reduced by 1/60th per month or part thereof from the date of invoice/purchase taking useful l

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Waives the late fee payable under section 47 of the said Act for failure to furnish the return in FORM GSTR-3B

Waives the late fee payable under section 47 of the said Act for failure to furnish the return in FORM GSTR-3B
31 Dated:- 21-5-2018 Puducherry SGST
GST – States
Puducherry SGST
Puducherry SGST
GOVERNMENT OF PUDUCHERRY
COMMERCIAL TAXES SECRETARIAT
G.O. Ms. No. 31
Puducherry, the 21st May, 2018
NOTIFICATION
In exercise of the powers conferred by section 128 of the Puducherry Goods and Services Tax Act, 2017 (Act No.6 of 2017), the Lieutenant-Governor, Puducherry, on the recom

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M/s Surinder Arora Enterprises Versus State of Punjab And others

M/s Surinder Arora Enterprises Versus State of Punjab And others
GST
2018 (6) TMI 172 – PUNJAB AND HARYANA HIGH COURT – 2018 (19) G. S. T. L. 423 (P & H)
PUNJAB AND HARYANA HIGH COURT – HC
Dated:- 21-5-2018
CWP-4180-2018 (O&M)
GST
MR. AJAY KUMAR MITTAL AND MR. TEJINDER SINGH DHINDSA, JJ.
For The Petitioners : Mr. Deepak Gupta, Advocate for Mr. Jagmohan Bansal, Advocate, Mr. J.S. Bedi, Advocate,  Mr. Sandeep Goyal, Advocate, Mr. Shashank Shekhar, Advocate
For The Respondents : Mr. Tajender K. Joshi, Advocate, Mr. Anil Chawla, Advocate,  Mr. S.K. Sharma, Advocate Mr. Arun Gosain, Advocate & Mr. Sourabh Goel, Advocate
ORDER
AJAY KUMAR MITTAL.ACJ (Oral)
This order shall dispose of CWP Nos.4180, 4361, 4362,

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, the petitioners have migrated to GST Act and due to which certain difficulties are being faced by them as well as by other assessees. In such circumstances, they have approached this Court for redressal of the grievances.
4. On 25.4.2018, it was brought to the notice of the Court that Delhi High Court had dealt with similar matters by a common order dated 09.04.2018 passed in W.P.(C) 1300/2018 titled as Sare Realty Projects Private Limited Vs. Union of India & others and other connected petitions.
5. Accordingly, while adjourning these matters for today, petitioners were granted liberty to approach the Nodal Officer or the Redressal Committee concerned for redressal of their grievances in accordance with the Circular No.39/13/2018-GST d

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of the order. It is directed that in the event of representations being filed by the petitioners within the aforesaid period of five days from the date of receipt of the certified copy of the order, such representations as well as the representations already filed, shall be forwarded to the I.T. Redressal Committee concerned within next fifteen days after verification by the G.S.T.N and the Committee shall thereafter decide the same in terms of clause 5.4 of Circular No.39/13/2018-GST dated 3.4.2018 by passing a speaking order and after affording an opportunity of hearing to the petitioners within a period of four weeks from the date of receipt of the representations. The petitioners shall be entitled to lead any evidence to substantiate t

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Mane India Private Limited Versus Commissioner of Central Tax, Central Excise & Service Tax, Medchal – GST

Mane India Private Limited Versus Commissioner of Central Tax, Central Excise & Service Tax, Medchal – GST
Central Excise
2018 (6) TMI 185 – CESTAT HYDERABAD – TMI
CESTAT HYDERABAD – AT
Dated:- 21-5-2018
Appeal No. E/31329/2017 – Final Order No. A/30602/2018
Central Excise
Hon'ble Mr. M. V. Ravindran, Member ( Judicial )
Shri K. Chandra Sekhar, Consultant for the Appellant
Shri Dass Thavanam, Superintendent (AR) for the Respondent
ORDER
[ Order Per : M. V. Ravindran ]
This appeal is directed against Order-in-Appeal No. HYDEXCUS- MD-AP2-041-17-18 dated 30.08.2017.
2. Relevant facts that arise for consideration are the appellants are the manufacturers of Fragrances and Flavoring Essences. They registered with the Central Excise Department vide CER No. AACCM1243JXM001. They are availing credit of duty paid on inputs and input services under the provisions of CENVAT Credit Rules, 2004 and utilizing the same for payment of duty on final products. Their accounts

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e ineligible CENVAT credit of service tax on the services received at R& D unit and utilized the same for payment of excise duties with intent to evade payment of excise duty in contravention of CENVAT Credit Rules. It was also viewed that the contravention of provisions and evasion of duty is unearthed only on the departmental intervention, meriting recovery of duty for the extended period under Rule 14 of CENVAT Credit Rules, 2004 read with Section 11A of Central Excise Act, 1994. The notice was adjudicated in the impugned order, culminating in the instant appeal, wherein the proposals were confirmed as follows:
a) Confirmed the demand of Rs. 28,75,157/- being the irregular CENVAT credit availed under Rule 14 of CENVAT Credit Rules read with Section 11A(10) of Central Excise Act, 1944.
b) Appropriated Rs. 11,26,813/- already paid by them against above demand.
c) Confirmed the interest applicable under Rule 14 of CENVAT Credit Rules read with Section 11AA of Central Excise Act.

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and also R&D wing activity which are manufacturing activity of the appellant. It is his submission for both the lower authorities recorded that the research conducted in the appellant's premises at Mumbai office has not resulted in any commercial activity and ineligible to avail CENVAT credit. It is his submission, as a specimen case in one item they were research was conducted and commercial production was undertaken. As regards the Central Excise duty paid on works contract service, it is his submission that the work contracts service which is awarded for modernization of the office premises. He is draws my attention, works order nothing but modernization and the CENVAT credit of service tax is correctly availed as the modernization of the office is not excluded eligibility to avail CENVAT credit. He relied upon the judgment of the Tribunal in the case of Ahmednagar Forgings Ltd., [2017 (6) G.S.T.L. 54] and Heidelberg, Cement India Ltd., [2017 (6) G.S.T.L. (473)] for the proposition

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Petrochemicals [2013 (30) STR 475] for the proposition that the Mumbai office having not been registered as input service distributor, appellant factory at Hyderabad unit cannot be availed the CENVAT credit of the service tax paid on renting of immovable property service, security services, cleaning service, internet service and business auxiliary services and relied upon the judgment of Hon'ble Punjab & Haryana High Court in the case of Maruthi Suzuki India Ltd., [2016 (336) ELT 266] for the proposition that nothing used in R&D activity, CENVAT credit cannot be availed as R&D activity it is excluded itself.
5. On careful consideration of the submissions made by both sides and perused the records. On perusal of records, as correctly put forth by both sides, the issue is regarding eligibility to avail CENVAT credit of the service tax paid on renting of immovable property service, security services, cleaning service, internet service and business auxiliary service has also works contra

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he service tax credit of other services availed, I find that these services are rendered by the service providers at the Mumbai premises which was used by the appellant for the sales related activity, marketing and research of the few products. I find that the lower authorities are denying the CENVAT credit to the appellant on the ground that the products which were researched at Mumbai, nevertheless, were not in relation to manufacturing activity, were not commercially produced. In my view these findings are acceptance of fact that seems R & D activity was undertaken at Mumbai as there cannot be any dispute that it is in interest of the business, research and development is a primary requirement. I find that the lower authorities have stated in the orders that if the appellant should have obtained registration under input service distributor, which would indicate that services rendered at Mumbai, were in relation to the activity of manufacturing done at Hyderabad. In my view, the plea

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M/s ALP Nishikawa Company Pvt. Ltd. Versus Union of India And others

M/s ALP Nishikawa Company Pvt. Ltd. Versus Union of India And others
GST
2018 (6) TMI 230 – PUNJAB AND HARYANA HIGH COURT – 2018 (16) G. S. T. L. 356 (P & H)
PUNJAB AND HARYANA HIGH COURT – HC
Dated:- 21-5-2018
CWP-10194-2018 (O&M)
GST
MR. AJAY KUMAR MITTAL, ACJ AND MR. TEJINDER SINGH DHINDSA, JJ.
For The Petitioner : Mr. Amar Pratap Singh, Advocate
For The Respondents : Mr. Sourabh Goel, Advocate
ORDER
AJAY KUMAR MITTAL.ACJ (Oral)
Petitioner-firms is registered as a private limited company and is primarily engaged in carrying out research and development, designing and producing EPDM and Rubber polymer based products for automative sector. Instant petition has been filed under Articles 226/227 of the Constituti

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M/s Inox Air Products Private Limited Versus Commissioner of Central Tax, Visakhapatnam – GST

M/s Inox Air Products Private Limited Versus Commissioner of Central Tax, Visakhapatnam – GST
Central Excise
2018 (6) TMI 1408 – CESTAT HYDERABAD – TMI
CESTAT HYDERABAD – AT
Dated:- 21-5-2018
Appeals No. E/30361 & 30363/2018 – A/30589-30590/2018
Central Excise
Mr. M.V. RAVINDRAN, MEMBER (JUDICIAL)
Shri A. Vamsi Rajesh, Chartered Accountant, for the Appellant.
Shri Dass Thavanam, Superintendent (AR) for the Respondent.
[Order per: M.V. Ravindran]
These two appeals are directed against Orders-in-Appeal No. VIZ-EXCUS-001-APP-177 & 178-17-18, dated 22.12.2017. Since both these appeals raised a common question of law, hence they are being disposed of by a common order.
2. Heard both sides and perused the records.
3.

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ame up before this Bench and Final Order dated A/31276/2017 dated 17.08.2017, the Bench recorded and reproduced the findings of the other case laws held in favour of the appellant and submits that subsequently also, in Final Order No. A/31455-31460/2017 dated 07.09.2017 and Final Order No. A/30405/2018 dated 08.02.2018, the appeals are allowed.
5. Learned Departmental Representative submits that Division Bench decision of the Tribunal in the case of M/s I.B.P. Company Ltd., Vs. CCE & ST, Raipur [2016 (1) TMI 1313-CESTATNew Delhi] has taken a different view and following the decision in the case of Navbharat Explosive Co. Ltd., in an identical set of facts held that recovery of Modvat credit has to be undertaken under Rule 57(I) and the sam

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M/s Dhuleva Industries Versus CCE &GST, Udaipur

M/s Dhuleva Industries Versus CCE &GST, Udaipur
Central Excise
2018 (7) TMI 5 – CESTAT NEW DELHI – TMI
CESTAT NEW DELHI – AT
Dated:- 21-5-2018
Ex. Appeal No. 51022 of 2018 – A/52010/2018-EX[DB]
Central Excise
Mr. V. Padmanabhan, Member (Technical) And Ms. Rachna Gupta, Member (Judicial)
Sh. B. L. Yadav, Advocate for the appellant
Sh. U. Sengraj, AR for the Respondent
ORDER
Per: V. Padmanabhan:
The present appeal has been filed against the Order-in-Appeal JAI-EXCUS-001-APP-073-2018 dated 02.02.2018.
2. The brief facts of the case are that the appellants has established their factory in the State of Rajasthan and were operating under Rajasthan Investment Promotion Scheme which was notified by the Government of Rajasthan with the objective of facilitating investment in the establishment of new enterprises under the various schemes of Rajasthan Government. The appellants (assessees) were eligible for subsidies as per the various schemes applicable to the assess

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the identical issue has come up before the Tribunal in the case of Shree Cements Ltd. V/s CCE, Alwar 2018-TIOL-748-CESTAT-DEL where it was observed that:-
7. We have heard both sides at length and perused the appeal record. As out lined above, the appellants are covered by the Investment Promotion Schemes of the Rajasthan Government. In terms of the various schemes of the Rajasthan Government, the appellants are required to discharge their VAT liability by making payment of the same. Out of such VAT credited to the Government, a certain portion is disbursed back to them in the form of subsidies. Such disbursement happens in the form of VAT 37 B, challan which can be utilized in subsequent periods to discharge VAT liability. The crux of the dispute in the present case is whether such subsidy amounts are required to be included in the assessable value of the goods manufactured by the appellants, in terms of Section 4 of the Central Excise Act. As per the concept of transaction value out

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saction value.
9. In the present case we know that for the initial period the assessees are required to remit the VAT recovered by them at the time of sale of the goods manufactured. A part of such VAT is given back to them in the form of subsidy in Challan 37 B. Such Challans are as good as cash but can be used only for payment of VAT in the subsequent period. In terms of the scheme of the Government of Rajasthan payment of VAT using such Challan are considered legal payments of tax. In view of the above, Revenue is not correct in taking the view that VAT liability discharged by utilizing such subsidy challans cannot be taken as VAT actually paid.
10. It is pertinent to reproduce the observations of the Tribunal in the Welspun Corporation Ltd. case
“5.1 The Respondent company opted for “Remission of Tax Scheme” and was thus eligible for the Capital subsidy in the form of remission of Sales Tax subject to the conditions to be fulfilled…. The subsidy in the form of remission of

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M/s Daido India Pvt. Limited Versus CCE &CGST, Alwar

M/s Daido India Pvt. Limited Versus CCE &CGST, Alwar
Central Excise
2018 (7) TMI 6 – CESTAT NEW DELHI – TMI
CESTAT NEW DELHI – AT
Dated:- 21-5-2018
Ex. Appeal No. 50993 of 2018 – A/52009/2018-EX[DB]
Central Excise
Mr. V. Padmanabhan, Member (Technical) And Ms. Rachna Gupta, Member (Judicial)
Sh. B. L. Yadav, Advocate for the appellant
Sh. U. Sengraj, AR for the Respondent
ORDER
Per: V. Padmanabhan:
The present appeal has been filed against the Order-in-Appeal 34(SM)CE/JPR/2018 dated 02.02.2018.
2. The brief facts of the case are that the appellant has established their factory in the State of Rajasthan and were operating under Rajasthan Investment Promotion Scheme which was notified by the Government of Rajasthan with the objective of facilitating investment in the establishment of new enterprises under the various schemes of Rajasthan Government. The appellants (assessees) were eligible for subsidies as per the various schemes applicable to the assesses a

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identical issue has come up before the Tribunal in the case of Shree Cements Ltd. V/s CCE, Alwar 2018-TIOL-748-CESTAT-DEL where it was observed that:-
7. We have heard both sides at length and perused the appeal record. As out lined above, the appellants are covered by the Investment Promotion Schemes of the Rajasthan Government. In terms of the various schemes of the Rajasthan Government, the appellants are required to discharge their VAT liability by making payment of the same. Out of such VAT credited to the Government, a certain portion is disbursed back to them in the form of subsidies. Such disbursement happens in the form of VAT 37 B, challan which can be utilized in subsequent periods to discharge VAT liability. The crux of the dispute in the present case is whether such subsidy amounts are required to be included in the assessable value of the goods manufactured by the appellants, in terms of Section 4 of the Central Excise Act. As per the concept of transaction value outlin

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ction value.
9. In the present case we know that for the initial period the assessees are required to remit the VAT recovered by them at the time of sale of the goods manufactured. A part of such VAT is given back to them in the form of subsidy in Challan 37 B. Such Challans are as good as cash but can be used only for payment of VAT in the subsequent period. In terms of the scheme of the Government of Rajasthan payment of VAT using such Challan are considered legal payments of tax. In view of the above, Revenue is not correct in taking the view that VAT liability discharged by utilizing such subsidy challans cannot be taken as VAT actually paid.
10. It is pertinent to reproduce the observations of the Tribunal in the Welspun Corporation Ltd. case
“5.1 The Respondent company opted for “Remission of Tax Scheme” and was thus eligible for the Capital subsidy in the form of remission of Sales Tax subject to the conditions to be fulfilled…. The subsidy in the form of remission of

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In Re : BASF India Limited

In Re : BASF India Limited
GST
2018 (7) TMI 53 – AUTHORITY FOR ADVANCE RULING – MAHARASHTRA – 2018 (14) G. S. T. L. 396 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING – MAHARASHTRA – AAR
Dated:- 21-5-2018
GST-ARA- 27/2017-18/B-36
GST
B.V. Borhade Joint Commissioner of State Tax  and Pankaj Kumar Joint Commissioner of Central Tax
 
PROCEEDINGS
(under clause (xviii) of section 20 of the Integrated Goods and Services Tax Act, 2017 read with section 98 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods with 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 clause (xviii) of section 20 of the Integrated Goods and Services Tax Act, 2017 [hereinafter referred to as “the IGST Act” ] read with section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act 2017 [hereinafter referred to as “

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the same except for certain provisons. Therefore, unless a mention is specifically made to such dissimilar provisons, a reference to the CGST Act would also mean a reference to the same provison under the MGST Act. Further to the earlier, henceforth for the purposes of this Advance Ruling, a reference to such a similar provison 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 OUESTION(S) ON WHICH ADVANCE RULING IS REQURED.
1. BASF India Limited (hereinafter referred to as 'Applicant) having its corporate head office at, 3rd Floor, Shree Sawan Knowledge Park, Plot No D 507, MIDC, Turbhe, Navi Mumbai, India-400 705, is a subsidiary of BASF Germany and is engaged in the business of manufacturing and trading of, inter alia, chemicals and allied products.
2. The Applicant was regi

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s. The export documents such as the Bill of Lading will show the Applicant as the buyer of the goods.
e)  Before the goods cross the customs frontier of India and is entered for customs clearance, the goods in question will be sold by the Applicant to its customer who are known to them;
f) The sale will be effected by executing an agreement of sale (known as high sea sale agreement) and by endorsing the bill of lading in the name of the end customer Sale invoice indicating the price at which goods are sold by the Applicant to the end customer will also be issued;
g)  Therefore, the sale of goods will be by the Applicant to their customers who were identified at the time of placing order on the overseas related party.
h)  The Import General Manifest ('IGM') will be filed in the name of the end customer (final buyer) by the shipping line.
i)  Thereafter, the Bill of Entry will be tiled by the end customer who will discharge the applicable duties of custom

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oms becomes payable in terms of Section 12 of the Customs Act and the said IGST would be levied in terms of Section 3(7) of the Customs Tariff Act, 1975 (Customs Tariff Act)
8. However, the sale transaction by the Applicant to the customer also qualifies as an inter-state supply of goods in terms of section 7 of the IGST Act. Therefore, as as this sale is concerned, a question is arising as to whether the said sale of goods will amount to a supply subject to levy of IGST under the IGST Act, when the same goods will once again be subject to a levy of IGST under Section 3(7) of the Customs Tariff Act at the time of importation into India
STATMENT CONTAINING APPLICANT'S INTERPRETATION OF LAW AND/OR FACTS, AS THE CASE MAY BE  IN RESPECT OF QUESTION(S) ON WHICH ADVANCE RULING IS REQUIRED.
A. APPLICANT'S ELIGIBILITY TO FILE PRESENT ADVANCE RULING APPLICATION.
A.1 Sub-section (c) of Section 95 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as “CGST A

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) 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 services or both, within the meaning of that term.”
 …Emphasis Supplied
Thus, as per the said section, advance ruling may be sought by the Applicant on the questions concerning determination of the liability to pay tax on goods or services or both and on the eligibility to avail input tax credit. The Applicant submits that the questions for determination in the instant advance ruling application concern (a) admissibilit

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visions of sub-section (2), there shall be levied a tax called the integrated goods and services tax on all inter-State supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 of the Central Goods and Services Tax Act and at such rates, not exceeding forty per cent., as may be notified by the Government on the recommendations of the Council and collected in such manner as may be prescribed and shall be paid by the taxable person:
Provided that the integrated tax on goods imported into India shall be levied and collected in accordance with the provisions of section 3 of the Customs Tariff Act, 1975 (51 of 1975.) on the value as determined under the said Act at the point when duties of customs are levied on the said goods under section 12 of the Customs Act, 1962. (52 of 1962.)
7. Inter-State supply. – (1) Subject to the provisions of section 10, supply of goods, where the location of the supplier a

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ion 3(7) of the Customs Tariff Act.
C.5  In the instant scenario, the imported goods will be sold by the Applicant to its end-customer before the goods are entered for customs clearance. This leg of the transaction will also qualify as an inter-state supply in terms of Section 7 of the IGST Act. Therefore, the essential question is whether this sale of goods happening before the goods are entered for customs clearance will be subject to a levy of IGST in terms of the provisons of the IGST Act.
C.6  It is submitted by the Applicant that from a combined reading of Section 5(1) and the proviso to Section 5(1) of the IGST Act, it is evident that IGST on imported goods will be leviable only at the time of importation and at the point when duty of customs under Customs Act is leviable. Therefore, it is submitted that levying IGST once again on sale transactions which have happened prior to the importation of the same goods, does not arise.
C. 7 This view of the Applicant has als

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er-state transactions are subject to IGST. High sea sales of imported goods are akin to inter-state transactions. Owing to this, it was presented to the Board as to whether the high sea sales of imported goods would be chargeable to IGST twice i.e. at the time of Customs clearance under sub-section (7) of section 3 of Customs Tariff Act, 1975 and also separately under Section 5 of The Integrated Goods and Services Tax Act, 2017.
4. GST council has deliberated the levy of Integrated Goods and Services Tax on high sea sales in the case of imported goods. The council has decided that IGST on high sea sale (s) transactions of imported goods, whether one or multiple, shall be levied and collected only at the time of importation i.e. when the import declarations are filed before the Customs authorities for the customs clearance purposes for the first time. Further, value addition accruing in each such high sea sale shall form part of the value on which IGST is collected at the time of clear

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Difficulties, in the implementation of this circular may be brought to the knowledge of the Board.
….Emphasis Supplied
C.8 Thus, the above circular also affirms the view that high sea sale of goods in the course of import into India will not qualify as a supply subject to a levy of IGST Only at the time of importation, at the point where the goods are entered for customs clearance will IGST be levied. Therefore, the question of levying IGST on high sea sale of goods before they are entered for customs clearance does not arise, In other words, IGST will be leviable only at the point of importation of goods into India and therefore only once.
C.9  In view of the above, it is submitted that no IGST will be leviable on the sale of goods made by the Applicant to its end customer. IGST will be payable only at the time of import and the same will be discharged by the customer at the point when duties of customs will be levied.
D.  INPUT TAX CREDIT OF THE INPUTS INPUT SERVICE

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id taxable supplies including zero-rated supplies.
Section 2(47) of the CGST Act, defines the term “exempt supply” as under:
“2(47) exempt supply” means supply of any goods or services or both which attracts nil rate of tax or which may be wholly exempt from tax under section 11, or under section 6 of the Integrated Goods and Services Tax Act, and includes non-taxable supply;”
D3. Section 17 of the CGST, Act states that credit shall be restricted only to so much of input tax as is attributable to taxable supplies including zero-rates supplies. In other words, input tax credit as is attributable to exempt supplies will have to be reversed.
D.4  As per Section 2(47) of the CGST Act, an exempt supply is that –
(i)  which attracts nil rate of tax; or
(ii) which may be wholly exempt from under Section 11; or
(iii) wholly exempt from Tax under Section 6 of the IGST Act; or
(iv) a non -taxable supply
D.5 In terms of Section 2(79) of the CGST Act, a 'non-taxable suppl

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lained in the above para D, the said supply will not qualify as an exempt supply falling within the purview of the  provisons of the IGST Act/CGST Act and thus, ITC reversal will not be required under the provisons of the same.”
03.  CONTENTION – AS PER THE CONCERNED OFFICER
The submission, as reproduced verbatim, could be seen thus-
“Question – 1 
As Per Proviso to Section 5 of IGST Act regarding levy and collection of-tax which reads as
“Provided that the integrated tax on goods imported into India shall be levied and collected in accordance with the provisions of section 3 of the Customs Tariff Act, 1975 (51 of 1975.) on the value as determined under the said Act at the point when duties of customs are levied on the said goods under section 12 of the Customs Act, 1962. (52 of 1962.)”.
The same issue was deliberated by GST council vide circular no.33/2017-cus vide Para-4 which reads as
“The council has decided that IGST on high sea sale (s) transactions of impo

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rtly for effecting exempt supplies under the said Acts, the amount of credit shall be restricted to so much of the input tax as is attributable to the said taxable supplies including zero-rated supplies.
Section 2(47) of the CGST Act, defines the term “exempt supply” as under:
*2(47) exempt supply” means supply of any goods or services or both which attracts nil rate of tax or which may be wholly exempt from tax under section 11, or under section 6 of the Integrated Goods and Services Tax Act, and includes non-taxable supply;”
If the above transaction is not subjected to the levy of [GST then the same will be treated as an exempt supply for the purpose of  Section 17 of the CGST Act and input tax credit will have to be reversed, to the extent of inputs, Input services and common input services used by the Applicant.”
04. HEARING
The case was taken up for preliminary hearing on dt.27.03.2018 with respect to admission or rejection of the application when Sh. R. Nambirajan (Advo

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d from the applicant's customers in India. It will be a back to back purchase order.
* As against the purchase order, the overseas party will export the products. The export documents such as the Bill of Lading will show the applicant as the buyer of the goods.
* Before the goods cross the customs frontier of India and is entered for customs clearance, the goods in question will be sold by the applicant to its customer who are known to them.
* The sale will be effected by executing a high sea sale agreement and by endorsing the bill of lading in the name of the end customer Sale invoice indicating the price at which goods are sold by the Applicant to the end customer will also be issued;
* The sale of goods will be by the applicant to their customers who were identified at the time of placing order on the overseas related party,
* The Import General Manifest will be filed in the name of the end customer (final buyer) by the shipping line
* The Bill of Entry will be fil

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ll the said goods to M/s. XYZ Lid. on high sea sales.
Details
2. Payment
The buyer agrees to make payment for the goods by the seller on High Sea through advance cheque.
3. Delivery
The seller will transfer the rights Title of the goods to the buyer by endorsing the Bill of Lading in favour the buyer after realization of the cheque.
4. Freight & Insurance
a) Freight
Considering the fact, that current shipment is on Ex-works terms, the seller shall be responsible for the payment of insurance with respect to this High Sea Sales.
b) Insurance
Considering the fact. that current shipment is on Ex-works terms, the seller shall be responsible for the payment of freight other related expenses with respect to this high sea sales.
5. Customs Clearance
In view of disposal of goods on high sea sales basis and transfer of title by the seller in favour of the buyer, the buyer shall arrange clearance of goods from Customs at its sole risk and responsibilities. The buyer shall be responsib

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Freight
 
3.
Insurance
 
4.
Consideration
 
This amount shall present the entire amount payable by the buyer to the seller and shall include all cost of the seller.
 
The Bill of Lading and draft invoices raised in the transactions have details thus –
* Bill of Lading
Consignor – BASF (Malaysia), Sdn. Bhd.
Consignee (not negotiable unless consigned to order) – BASF India Limited, Navi Mumbai, Maharashtra
Notify address (Carrier not responsible for failure to notify, see clause 20(1 ) hereof): XYZ Ltd.
Port of lading – Hamburg
Port of Discharge – Nhava Sheva
One original Bill of Lading, duly endorsed must be surrendered by the Merchant to the Carrier in exchange for the Good or delivery order in accepting this Bill of Lading the Merchant expressly accepts and agrees to all its terms and conditions whether printed, stamped or written, or otherwise Incorporated notwithstanding the non-signing of this Bill of Lading by the Merchant.
* Draft bill rai

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IV DETERMINATION OF NATURE OF SUPPLY
Inter-State supply
7. (1) Subject to the provisions of section 10, supply of goods, 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 goods in the course of inter-State trade or commerce.
(2) Supply of goods imported into the territory of India, till they cross the customs frontiers of India, shall be treated to be a supply of goods in the course of inter-State trade or commerce.
Intra-State supply.
8. (1) Subject to the provisions of section 10, supply of goods where the location of the supplier and the place of supply of goods are in the same State or same Union territory shall be treated as intra-State supply:
Provided that the following supply of goods shall not be treated as intra-State supply, namely:
(i) supply of goods to or by a Special Economic Zone developer or a Special Economic

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r Section 7(2) of the IGST Act
Now when we are clear that the sale on high seas of these goods are in the nature of inter-state sales, the liability to tax in respect of these goods would be as per Section 5 of the IGST Act which reads as under:-
CHAPTER III LEVY AND COLLECTION OF TAX
Levy and collection.
5. (1) Subject to the provisions of sub-section (2), there shall be levied a tax called the integrated goods and services tax on all inter-State supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 of the Central Goods and Services Tax Act and at such rates, not exceeding forty per cent., as may be notified by the Government on the recommendations of the Council and collected in such manner as may be prescribed and shall be paid by the taxable person:
Provided that the integrated tax on goods imported into India shall be levied and collected in accordance with the provisions of section 3 of

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upplier, who is not registered, to a registered person shall be paid by such person on reverse charge basis as the recipient and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both.
(5) The Government may, on the recommendations of the Council, by notification, specify categories of services, the tax on inter-State supplies of which shall be paid by the electronic commerce operator if such services are supplied through it, and all the provisions of this Act shall apply to such electronic commerce operator as if he is the supplier liable for paying the tax in relation to the supply of such services:
Provided that where an electronic commerce operator does not have a physical presence in the taxable territory, any person representing such electronic commerce operator for any purpose in the taxable territory shall be liable to pay tax:
Provided further that where an ele

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onsidered to be imported into India only after they clear the customs frontier after compliance of applicable procedures and payment of duty as applicable.
Thus as per Section 7(2) of the IGST Act and proviso to Section 5(1) of the IGST Act it is very clear that in respect of import goods there is no levy and collection except in accordance with the provisons of Section 12 of the Customs Act, 1962 and Section 3 of the Customs Tariff Act, 1975. Section 12 of the Customs Act, 1962 provides that custom duties which includes integrated tax in respect of imported goods would be levied only at the time of import or export of goods.
Thus in case of goods sold on high seas sale basis there is no levy till the time of their customs clearance in compliance with Section 12 of the Customs Act and Section 3 of the Customs Tariff Act. In view of this the import goods sold on high seas sale basis, though they are clearly in the nature of inter-state supply would come in the category of “exempt supp

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till the time of customs clearance in accordance with and compliance of Section 12 of the Customs Act, 1962 and Section 3 of the Customs Tariff act, 1975.
We find that the above legal position is further reiterated and confirmed by Circular No. 3/1/2018 – IGST dated 25.05.2018 issued by the Central Board of Indirect Taxes and Customs, GST Policy Wing.
Question 2
Whether input tax credit will have to be reversed, to the extent of inputs, input services and common input services used by the Applicant, in case the above transaction is not subjected to the levy of IGST by treating the same as an exempt supply for the purpose of Section 17 of the CGST Act?
Yes. In view of the detailed discussions and observations in respect of Question I above, the goods sold on High Seas sale basis being non-taxable supply as per Section 2(78) of the CGST Act and being exempt supply as per Section 2(47) of the CGST Act, the input tax credit to the extent of inputs, input services and common input servi

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The Punjab Goods and Services Tax (Fourth Amendment) Rules, 2018.

The Punjab Goods and Services Tax (Fourth Amendment) Rules, 2018.
G.S.R.29/P.A.5/2017/S.164/Amd.(12)/2018 Dated:- 21-5-2018 Punjab SGST
GST – States
Punjab SGST
Punjab SGST
GOVERNMENT OF PUNJAB
DEPARTMENT OF EXCISE AND TAXATION
(EXCISE AND TAXATION-II BRANCH)
NOTIFICATION
The 21st May, 2018
No. G.S.R.29/P.A.5/2017/S.164/Amd.(12)/2018.- In exercise of the powers conferred by section 164 of the Punjab Goods and Services Tax Act, 2017 (Punjab Act No.5 of 2017), and all other powers enabling him in this behalf, the Governor of Punjab, on the recommendations of the Council, is pleased to make the following rules further to amend the Punjab Goods and Services Tax Rules, 2017, namely:-
RULES
1. (1) These rules may be called t

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quantity and description of goods where the goods are sent by one job worker to another or are returned to the principal:
Provided further that the challan endorsed by the job worker may be further endorsed by another job worker, indicating therein the quantity and description of goods where the goods are sent by one job worker to another or are returned to the principal.”.
3. In the said rules, in rule 127, in clause (iv), after the words “to furnish a performance report to the Council by the tenth”, the word “day” shall be inserted.
4. In the said rules, in rule 129, in sub-rule (6), for the words “as allowed by the Standing Committee”, the words “as may be allowed by the Authority” shall be substituted.
5. In the said rules, in rule

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members of the Authority shall constitute quorum at its meetings.
(2) If the Members of the Authority differ in their opinion on any point, the point shall be decided according to the opinion of the majority of the members present and voting, and in the event of equality of votes, the Chairman shall have the second or casting vote.”
7. In the said rules, after rule 137, in the Explanation, in clause (c), after sub-clause (b), the following sub-clause shall be inserted, namely: –
“c. any other person alleging, under sub-rule (1) of rule 128, that a registered person has not passed on the benefit of reduction in the rate of tax on any supply of goods or services or the benefit of input tax credit to the recipient by way of commensurate red

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Appoint the 1st day of April, 2018, as the date from which the provisions of rule 138, 138-A, 138-B, 138-C, 138-D and forms GST EWB-01, GST EWB-02, GST EWB-03, GST EWB-04 and GST INV-1.

Appoint the 1st day of April, 2018, as the date from which the provisions of rule 138, 138-A, 138-B, 138-C, 138-D and forms GST EWB-01, GST EWB-02, GST EWB-03, GST EWB-04 and GST INV-1.
S.O.73/P.A.5/2017/S.164/2018 Dated:- 21-5-2018 Punjab SGST
GST – States
Punjab SGST
Punjab SGST
GOVERNMENT OF PUNJAB
DEPARTMENT OF EXCISE AND TAXATION
(EXCISE AND TAXATION-II BRANCH)
NOTIFICATION
The 21st May, 2018
No. S.O.73/P.A.5/2017/S.164/2018.- In exercise of the powers conferred by secti

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IN RE : BHARAT AGRO

IN RE : BHARAT AGRO
GST
2018 (10) TMI 305 – AUTHORITY FOR ADVANCE RULING – UTTAR PRADESH – 2018 (17) G.S.T.L. 55 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING – UTTAR PRADESH – AAR
Dated:- 21-5-2018
Order No. 5
GST
Shri Sanjay Kumar Pathak, Member (State Tax) and Dinesh Kumar, Member (Central Tax)

ORDER

=============
Document 1
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-6-2017 à¤â€¢Ã Â¥â€¡ तहत à¤â€¢Ã Â¤Â°Ã Â¤Â®Ã Â¥ÂÃ Â¤â€¢Ã Â¥ÂÃ Â¤Â¤ हà¥Ë†à¥¤ à¤â€°Ã Â¤ÂªÃ Â¤Â¸Ã Â¥ÂÃ Â¤Â¥Ã Â¤Â¿Ã Â¤Â¤
Document 2
à¤â€¦Ã Â¤Â§Ã Â¤Â¿Ã Â¤â€¢Ã Â¥Æâ€™Ã Â¤Â¤ द्वारा à¤â€°Ã Â¤Â¨Ã Â¤â€¢Ã Â¥â‚¬ à¤â€¡Ã Â¤â€¢Ã Â¤Â¾Ã Â¤Ë† मà¥â€¡Ã Â¤â€š हà¥â€¹Ã Â¤Â¨Ã Â¥â€¡ वालà¥â‚¬ प्रà¤â€¢Ã Â¥ÂÃ Â¤Â°Ã Â¤Â¿Ã Â¤Â¯Ã Â¤Â¾ à¤â€¢Ã Â¥â€¹ वà¥â‚¬Ã Â¤Â¡Ã Â¤Â¿Ã Â¤Â¯Ã Â¥â€¹ à¤â€¢Ã Â¥â€¡ माध्यम सà¥â€¡ प्रदर्शित à¤â€¢Ã Â¤Â¿Ã Â¤Â¯Ã Â¤Â¾

à¤â€”या। Pineapple à¤â€¢Ã Â¥â€¹ Sugar Syrup मà¥â€¡Ã Â¤â€š पà¥Ë†à¤â€¢ à¤â€¢Ã Â¤Â¿Ã Â¤Â à¤Å“ानà¥â€¡ à¤â€¢Ã Â¥â‚¬ प्रà¤â€¢Ã Â¥ÂÃ Â¤Â°Ã Â¤Â¿Ã Â¤Â¯Ã Â¤Â¾ निम्न प्रà¤â€¢Ã Â¤Â¾Ã Â¤Â° हà¥Ë†

Pineapple slices in syrup

Process flowchart

Ingredients : Pi

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¿Ã Â¤Â¨Ã Â¤Â¿Ã Â¤Â§Ã Â¤Â¿ द्वारा Deputy Commis-

sioner, Sales Tax v. Pio Food Packers on 9 May, 1980 à¤â€¢Ã Â¥â€¡ वाद मà¥â€¡Ã Â¤â€š माननà¥â‚¬Ã Â¤Â¯ सर्वà¥â€¹Ã Â¤Å¡Ã Â¥ÂÃ Â¤Å¡

न्यायालय द्वारा पारित निर्णय एवà¤â€š à¤â€¢Ã Â¥â€¡Ã Â¤Â¨Ã Â¥ÂÃ Â¤Â¦Ã Â¥ÂÃ Â¤Â°Ã Â¥â‚¬Ã Â¤Â¯ à¤â€°Ã Â¤Â¤Ã Â¥ÂÃ Â¤ÂªÃ Â¤Â¾Ã Â¤Â¦ शुल्à¤â€¢ à¤â€¦Ã Â¤Â§Ã Â¤Â¿Ã Â¤â€¢Ã Â¤Â°Ã Â¤Â£ द्वारा à¤â€¢Ã Â¤Ë† à¤â€¦Ã Â¤Â¨Ã Â¥ÂÃ Â¤Â¯ मामलà¥â€¹Ã Â¤â€š मà¥â€¡Ã Â¤â€š

पारित निर्णयà¥â€¹Ã Â¤â€š à¤â€¢Ã Â¥â€¹ सà¤â€šà¤¦à¤°à¥à¤­à¤¿à¤¤ à¤â€¢Ã Â¤Â¿Ã Â¤Â¯Ã Â¤Â¾ à¤â€”या ।

4. à¤â€¢Ã Â¥â€¡Ã Â¤Â¨Ã Â¥ÂÃ Â¤Â¦Ã

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ªÃ Â¥ÂÃ Â¤Â°Ã Â¤ÂµÃ Â¤Â¿Ã Â¤Â·Ã Â¥ÂÃ Â¤Å¸Ã Â¤Â¿ सà¥â€¡ स्पष्ट हà¥Ë† à¤â€¢Ã Â¤Â¿ à¤â€¢Ã Â¤Â°Ã Â¤Â®Ã Â¥ÂÃ Â¤â€¢Ã Â¥ÂÃ Â¤Â¤Ã Â¤Â¿ à¤â€¢Ã Â¥â€¡Ã Â¤ÂµÃ Â¤Â² fresh Pineapple à¤â€¢Ã Â¥â€¡ सà¤â€šà¤¬à¤â€šà¤§ मà¥â€¡Ã Â¤â€š

लाà¤â€”à¥â€š हà¥Ë†à¥¤ à¤â€ Ã Â¤ÂµÃ Â¥â€¡Ã Â¤Â¦Ã Â¤â€¢ द्वारा à¤â€¦Ã Â¤ÂªÃ Â¤Â¨Ã Â¤Â¾Ã Â¤Â¯Ã Â¥â‚¬ à¤Å“ा रहà¥â‚¬ प्रà¤â€¢Ã Â¥ÂÃ Â¤Â°Ã Â¤Â¿Ã Â¤Â¯Ã Â¤Â¾ मà¥â€¡Ã Â¤â€š Fresh Pineapppe à¤â€¢Ã Â¥â€¹ Peeling, Cut-

ting, Washing, Steaming/Cooking e Cooling 3d Airtight Container #

Sugar Syrup à¤â€¢Ã Â¥â€¡ साथ पà¥Ë†à¤â€¢ à¤â€¢Ã Â¤Â¿Ã Â¤Â¯Ã Â¤Â¾ à¤Å“ाता हà¥Ë†à¥¤ à¤â€¡Ã Â¤Â¸ प्रà¤â€¢Ã Â¤Â¾Ã Â¤Â° à¤â€¡Ã Â¤Â¸ पà¥â€šà¤°à¥â‚¬ प्रà¤â€¢Ã Â¥ÂÃ Â¤Â°Ã Â¤Â¿Ã Â¤Â¯Ã Â¤Â¾ सà¥â€¡ प्रा

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other parts of Plants

Tariff

Description of goods

Item

(1)

2008

(2)

2008 11 00

Fruit, nuts and other edible parts of plants, otherwise pre-

pared or preserved, whether or not containing added sugar or

other sweetening matter or spirit, not elsewhere specified or

included

– Nuts, ground-nuts other seeds, whether or not mixed together:

Ground-nuts…

2008 19

2008 19 10

Other, including mixtures:

Cashew nut, roasted, salted or roasted and salted.

2008 19 20 – Other roasted nuts and seeds…

noites 2008 19 30 – Other nuts, otherwise prepared [or] preserved.

2008 19 40 – Other roasted and fried vegetable products

2008 19 90 – Other…

2008 20 00 – Pineapples.

7.

à¤â€°Ã Â¤â€¢Ã Â¥ÂÃ Â¤Â¤ तालिà¤â€¢Ã Â¤Â¾ सà¥â€¡ स्पष्ट हà¥Ë† à¤â€¢Ã Â¤Â¿ “Canned Pineapple Slices, dipped in

sugar syrup” Tariff Item No. 2008 à¤â€¢Ã Â¥â€¡ à¤â€¦Ã Â

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:-

S.

Chap-

Description of Goods

8.

No. ter/Heading/

Sub-heading/

Tariff item

40. 2008

abood

|Fruit, nuts and other edible parts of plants, other

wise prepared or preserved, whether or not contain-

ing added sugar or other sweetening matter or spir-

it, not elsewhere specified or included; such as

|ground-nuts, cashew nut, roasted, salted or roasted

and salted, other roasted nuts and seeds, squash of

| mango, lemon, orange, pineapple or other fruits

à¤â€°Ã Â¤â€¢Ã Â¥ÂÃ Â¤Â¤ समस्त तथ्यà¥â€¹Ã Â¤â€š सà¥â€¡ यह स्पष्ट हà¥Ë† à¤â€¢Ã Â¤Â¿ à¤â€ Ã Â¤ÂµÃ Â¥â€¡Ã Â¤Â¦Ã Â¤â€¢ द्वारा सà¤â€šà¤¦à¤°à¥à¤­à¤¿à¤¤ न्यायिà¤â€¢

निर्णयà¥â€¹Ã Â¤â€š à¤â€¢Ã Â¥â€¡ तथ्य प्रश्नà¤â€”à¤

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 Â¤Â¯

9. “Canned Pineapple Slices, dipped in sugar syrup” Tariff Item No.

2008 à¤â€¢Ã Â¥â€¡ à¤â€¦Ã Â¤Â¨Ã Â¥ÂÃ Â¤Â¤Ã Â¤Â°Ã Â¥ÂÃ Â¤â€”त à¤â€ Ã Â¤Â¤Ã Â¥â€¡ हà¥Ë†à¤â€š तथा à¤â€¡Ã Â¤Â¨ पर à¤â€¢Ã Â¥â€¡Ã Â¤Â¨Ã Â¥ÂÃ Â¤Â¦Ã Â¥ÂÃ Â¤Â° सरà¤â€¢Ã Â¤Â¾Ã Â¤Â° द्वारा à¤Å“ारà¥â‚¬ विà¤Å“्ञप्ति सà¤â€š. 01/2017-C.T.

(Rate) दिनाà¤â€šà¤â€¢ 28-6-2017 (यथा सà¤â€šà¤¶à¥â€¹Ã Â¤Â§Ã Â¤Â¿Ã Â¤Â¤) तथा à¤â€°Ã Â¥Â¦Ã Â¤ÂªÃ Â¥ÂÃ Â¤Â°Ã Â¥Â¦ राà¤Å“्य सरà¤â€¢Ã Â¤Â¾Ã Â¤Â° द्वारा à¤Å“ारà¥â‚¬ विà¤Å“्ञप्ति सà¤â€š.

KANI-2-836/XI-9(47)/17-U.P. Act-1-2017-Order – (06)-2017 दिनाà¤â€šà¤â€¢ 30-6-2017 (यथा

सà¤â€šà¤¶à¥â€¹Ã Â

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M/s Multiwyn Foams Pvt. Ltd. Versus Commr. of CGST & C. Ex., Howrah

M/s Multiwyn Foams Pvt. Ltd. Versus Commr. of CGST & C. Ex., Howrah
Central Excise
2018 (12) TMI 847 – CESTAT KOLKATA – TMI
CESTAT KOLKATA – AT
Dated:- 21-5-2018
Ex. Appeal No.76045/18 – FO/76576/2018
Central Excise
SHRI P. K. CHOUDHARY, JUDICIAL MEMBER
Shri S.P. Siddhanta, Consultant for the Appellant (s)
Shri S. S. Chattopadhyay, Supdt. (A.R.) for the Revenue
ORDER
Per Shri P.K. Choudhary:
This appeal is filed by the appellant against the impugned Order-in-Appeal No.422/HWH/CE/2017-18 dated 18.12.2017 passed by Commr. of CGST & C.Ex. (Appeals), Kolkata.
2. Heard both sides and perused the appeal records.
3. I find that the only dispute in the present appeal is regarding Cenvat credit availed on the service tax paid by the appellants in respect of the services received by them from the various transporters towards outward transportation of excisable goods from the appellant's factory to the buyer's premises (carriage outwards) during the period 2006-200

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7. Having regard to the definition of 'input service' that was prevailing at the relevant time i.e. prior to April 1, 2008, the aforesaid contention of the Department cannot be accepted. As per the said definition, service used by the manufacturer of clearance of final products 'from the place of removal' to the warehouse or customer's place etc., was exigible for Cenvat credit. This stands finally decided in Civil Appeal No. 11710 of 2016 (Commissioner of Central Excise Belgaum v. M/s. Vasavadatta Cements Ltd.) vide judgment dated January 17, 2018. The matter is squarely covered by the Board's Circular dated August 23, 2007, relevant portion whereof is as under:
“ISSUE: Up to what stage a manufacturer/consignor can take credit on the service tax paid on goods transport by road?
COMMENTS: This issue has been examined in great detail by the CESTAT in the case of M/s. Gujarat Ambuja Cements Ltd. v. CCE, Ludhiana [2007 (6) S.T.R. 249 Tri-D]. In this case, CESTAT has made the follow

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of M/s. Ultratech Cements Ltd. v. CCE, Bhavnagar – 2007-TIOL-429-CESTAT-AHM, it was held that after the final products are cleared from the place of removal, there will be no scope of subsequent use of service to be treated as input. The above observations and views explain the scope of the relevant provisions clearly, correctly and in accordance with the legal provisions. In conclusion, a manufacturer/consignor can take credit on the service tax paid on outward transport of goods up to the place of removal and not beyond that.
In this connection, the 8.2 phrase 'place of removal' needs determination taking into account the facts of an individual case and the applicable provisions. The phrase 'place of removal' has not been defined in Cenvat Credit Rules. In terms of sub-rule (t) of Rule 2 of the said rules, if any words or expressions are used in the Cenvat Credit Rules, 2004 and are not defined therein but are defined in the Central Excise Act, 1944 or the Finance Act, 1994, they

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rom where the excisable goods are sold, after their clearance from the factory), the determination of the 'place of removal' does not pose much problem. However, there may be situations where the manufacturer/consignor may claim that the sale has taken place at the destination point because in terms of the sale contract/agreement (i) the ownership of goods and the property in the goods remained with the seller of the goods till the delivery of the goods in acceptable condition to the purchaser at his door step; (ii) the seller bore the risk of loss of or damage to the goods during transit to the destination; and (iii) the freight charges were an integral part of the price of goods. In such cases, the credit of the service tax paid on the transportation up to such place of sale would be admissible if it can be established by the claimant of such credit that the sale and the transfer of property in goods (in terms of the definition as under section 2 of the Central Excise Act, 1944 as al

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GST -Provisional User Id -Deactivation/Cancellation

GST -Provisional User Id -Deactivation/Cancellation
Query (Issue) Started By: – Kanhu Padhy Dated:- 20-5-2018 Last Reply Date:- 21-5-2018 Goods and Services Tax – GST
Got 1 Reply
GST
This is an issue of User Id Cancellation/de-activation from accessing of GST Common Portal.
It has been seen that some of the companies/traders/vendors/enterprises might not in a position to submit the REG-26 Form for the migration purpose.
In the consequence, those owners/representatives of the firms are not in a position to submit further monthly returns like, GSTR-1, 2,, & 3, 3B,. etc. due to the None-availability of access to the GST portal for submission of taxes which were/are due .
In this context, I would like to draw the attention of th

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E-way Bill System Enforced in Chandigarh from May 25, 2018, Rescinding Previous Notification G.S.R. 316(E) of March 31, 2018.

E-way Bill System Enforced in Chandigarh from May 25, 2018, Rescinding Previous Notification G.S.R. 316(E) of March 31, 2018.
Notifications
GST
Chandigarh – E-way bill comes into effect w.e.f

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E-way Bill System Operational in Dadra and Nagar Haveli from May 25, 2018; Previous Notification Rescinded.

E-way Bill System Operational in Dadra and Nagar Haveli from May 25, 2018; Previous Notification Rescinded.
Notifications
GST
Dadra and Nagar Haveli – E-way bill comes into effect w.e.f. 25-5

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E-way Bill System Launched in Daman and Diu on May 25, 2018; Previous Notification G.S.R. 318(E) Rescinded.

E-way Bill System Launched in Daman and Diu on May 25, 2018; Previous Notification G.S.R. 318(E) Rescinded.
Notifications
GST
Daman and Diu – E-way bill comes into effect w.e.f. 25-5-2018 – C

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GST on Employee Meals: 18% Rate Applies as Service to Company, Not Restaurant Service.

GST on Employee Meals: 18% Rate Applies as Service to Company, Not Restaurant Service.
Case-Laws
GST
Rate of GST – Even though the meal, snacks, teas are provided to and consumed by the workers/ employees of the recipient, the applicant is providing service to the recipient and not to workers / employees of the recipient – it is not in the nature of service provided by a restaurant – The service is attracting Goods and Service Tax @ 18% (CGST 9% + SGST 9%) – AAR
TMI Updates – Highli

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Refund under Inverted Duty Structure – Anomaly

Refund under Inverted Duty Structure – Anomaly
By: – CA Akash Phophalia
Goods and Services Tax – GST
Dated:- 19-5-2018

1. Inverted Duty Structure – Meaning-
Inverted Duty Structure means a situation where the tax rate on inputs is higher than tax rates on outward supplies. Thus where taxes paid on inputs are at a rate higher than the taxes paid on outward supplies, such situation is an Inward Duty Structure. For instance in case of steel utensils manufacturing firm, rate of tax on inputs i.e. SS Patti/Patti is 18% whereas rate of tax on final product i.e. Utensils is 12%. This is good example of inverted duty structure.
2. Refund-
Inverted duty structure generally results in accumulation of excess taxes credit. Since rate of tax on outward supplies is lesser than rate of tax on inputs this results in accumulations of unutilized input tax credit and thus need of refund arises.
3. Legal Provisions-
Section 54(3) of the CGST Act 2017 provides (relevant extracts)
“Sub

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Meaning of refund is provided in the Explanation to the Section 54 which reads as under-
“Refund” includes refund of tax paid on zero-rated supplies of goods or services or both or on inputs or input services used in making such zero-rated supplies, or refund of tax on the supply of goods regarded as deemed exports, or refund of unutilized input tax credit as provided under sub-section(3).
Thus the definition of refund conveys different meaning for different situations resulting in refund of unutilized input tax credit which can be summarized as:-
Nature of Supply
Refund of taxes paid
Remarks
Zero-rated supply (With payment of tax)
Taxes paid on Zero-rated supplies
Taxes can be paid either by utilization of input tax credit or can be paid using cash.
Here, input tax credit is wide enough to cover input, input services and capital goods.
Zero-rated supply
(Without payment of tax)
Input tax credit of input and input services
Input tax credit of capital goods is restricted b

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visions of sub-section (3) and sub-section (4) of section 9 of the respective State Goods and Services Tax Act; or
(e) the tax payable under the provisions of sub-section (3) and sub-section (4) of section 7 of the Union Territory Goods and Services Tax Act,
but does not include the tax paid under the composition of levy.
Thus input tax credit shall mean taxes paid on goods and services whether under direct charge or reverse charge whether on domestic procurement or on importation. But credit of composition fees shall not be admissible. Hence, the term used input tax credit is wide enough to cover all eligible input taxes paid by the registered taxable person. And wherever the said term shall be used it shall convey the same meaning of including all eligible input tax credits except where the meaning is restricted for the purpose of the particular section or rule.
(c) Eligibility
The law provides the condition/situation for eligibility of claiming refund of unutilized accumulated

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uts, input services or capital goods – As far as provisions carved out for refund of input tax credit on account of inverted duty structure the law no where imposes any restriction as to refund of taxes on inputs, input services or capital goods. Thus under section 54(3) taxes paid on inputs, input services or capital goods are admissible. However the same is to be understood with the explanation provided for meaning of refund. Meaning of refund for inverted duty structure is wide enough to cover taxes paid on inputs, input services and capital goods.
(e) Rule 89(5) of CGST Rules 2017 – In the case of refund on account of inverted duty structure, refund of input tax credit shall be granted as per the following formula:-
Maximum Refund Amount = {(Turnover of inverted rated supply of goods and services) * Net ITC / Adjusted Total Turnover} – tax payable on such inverted rated supply of goods and services.
Explanation:- For the purposes of this sub-rule, the expressions-
(a)”Net ITC”

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INPUT TAX CREDIT (ITC) IN GST (PART-I)

INPUT TAX CREDIT (ITC) IN GST (PART-I)
By: – Alkesh Jani
Goods and Services Tax – GST
Dated:- 19-5-2018

The Input Tax Credit is one of the key features of Indirect tax. The objective of ITC is to avoid cascading effect on tax. GST is supply based and the entire supply chain would be subject to GST. As the tax charged by the Central or the State Governments would be part of the same tax regime, credit of tax paid at every stage would be available as set-off for payment of tax at every subsequent stage and ultimately to be borne by the end user of goods or service or both.
2. The main objective is to avoid cascading effect on tax, but always been major part of litigation matter and ambiguity. The ITC has been always an issue of discussion and subject of litigation both by department and tax payer (assessee in erstwhile law). The erstwhile law i.e. Central Excise, Service Tax, which was based on production or manufacture, while GST is supply based, therefore, we need to c

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e taken on the tax charged on inputs and input services, which are to be used or intended to be used in the course or furtherance of business. Here, the Section mandates that inputs and input services should have nexus with the business. It is now obligatory on the part of the tax payer to prove the nexus of ITC with regards to business. Further, the input tax credit has been defined in Section (2) (63) of CGST, Act, 2017 and definition of “input” , “input service” and “input tax” which is given at Section (2) (59), (60) and (62) respectively, being pertinent to reproduced below:-
“(63) “input tax credit” means the credit of input tax;”
“(59) “input” means any goods other than capital goods used or intended to be used by a supplier in the course or furtherance of business;”
“(60) “input service” means any service used or intended to be used by a supplier in the course or furtherance of business;”
“(62) “input tax” in relation to a registered person, means the central tax, State tax

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g anything contained in this section, no registered person shall be entitled to the credit of any input tax in respect of any supply of goods or services or both to him unless,
(a) he is in possession of a tax invoice or debit note issued by a supplier registered under this Act, or such other tax paying documents as may be prescribed;
(b) he has received the goods or services or both.
Explanation.-For the purposes of this clause, it shall be deemed that the registered person has received the goods where the goods are delivered by the supplier to a recipient or any other person on the direction of such registered person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to goods or otherwise;”
From above, it becomes clear that ITC can be availed by a registered person on the basis of tax invoice and debit note issued by the supplier of goods or services and the same should be in the possession of recipient of

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of the said supply; and
(d) he has furnished the return under section 39:
Provided that where the goods against an invoice are received in lots or installments, the registered person shall be entitled to take credit upon receipt of the last lot or installment:
Provided further that where a recipient fails to pay to the supplier of goods or services or both, other than the supplies on which tax is payable on reverse charge basis, the amount towards the value of supply along with tax payable thereon within a period of one hundred and eighty days from the date of issue of invoice by the supplier, an amount equal to the input tax credit availed by the recipient shall be added to his output tax liability, along with interest thereon, in such manner as may be prescribed:
Provided also that the recipient shall be entitled to avail of the credit of input tax on payment made by him of the amount towards the value of supply of goods or services or both along with tax payable thereon”.
This

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f capital goods and plant and machinery under the provisions of the Income-tax Act, 1961, the input tax credit on the said tax component shall not be allowed”.
This sub-clause deal with the ITC availed on the capital goods and plant and machinery. For better understanding the definition of capital goods is necessary and it is defined at Section (2)(19) of CGST Act, 2017, is as under
“(19) “capital goods” means goods, the value of which is capitalised in the books of account of the person claiming the input tax credit and which are used or intended to be used in the course or furtherance of business;”
In erstwhile law the capital goods were separately defined but in GST, it is liberalized and indirectly restricted, to the value which is capitalized in books of Account. On going through the Balance sheet, we can know the supplies which are capitalized. GST restricts to double benefit of claiming ITC and also deprecation.
The plant and machinery are defined by way of explanation giv

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not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the due date of furnishing of the return under section 39 for the month of September following the end of financial year to which such invoice or invoice relating to such debit note pertains or furnishing of the relevant annual return, whichever is earlier”.
The sub-section urges on taking the ITC as soon as goods and / or services are received along with the documents. In some scenario or due to any reason person fails to take such credit the limit is to avail such credit before due date of furnishing the return i.e. GSTR-1 for the month of September following the end of financial year to which such invoice pertains. However, as per the design of GST, returns as per law has been changed, this may create ambiguity and litigation may arise in future. Hopefully, Government may come out with some clarification.
8. From above, we can conclude that,
(i) ITC of

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Treament of GST in case of issue of credit note

Treament of GST in case of issue of credit note
By: – LALIT MUNOYAT
Goods and Services Tax – GST
Dated:- 19-5-2018

Treatment of GST for Credit Note for Discount given post supply
Sec 15 (3) provides that he value of the supply shall not include any post sales discount except
* such discount is established in terms of an agreement entered into at or before the time of such supply and specifically linked to relevant invoices; and
input tax credit as is attributable to the discount on the basis of document issued by the supplier has been reversed by the recipient of the supply.
As per sec 34. (1) -Credit & Debit Notes : A supplier may issue to the recipient a credit note for a post sales discount subject to the condition

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emed that the incidence of tax has been passed on to the ultimate consumer.
However there is no such presumption while reducing the liability to GST due to issue of credit note. The only requirement is that the input tax credit as is attributable to the discount on the basis of document issued by the supplier has been reversed by the recipient of the supply.
Question
At the time of assessment how would the supplier prove that the input tax credit as is attributable to the discount on the basis of document issued by the supplier has been reversed by the recipient of the supply. There is no way for the supplier to verify it from the recipient.
In such a case what will be the consequence if the supplier takes anyone of the following meau

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Extension of the due date for filing of GSTR-3B for the month of April, 2018 till 22.05.2018

Extension of the due date for filing of GSTR-3B for the month of April, 2018 till 22.05.2018
23/2018 –State Tax Dated:- 19-5-2018 Maharashtra SGST
GST – States
Maharashtra SGST
Maharashtra SGST
COMMISSIONER OF STATE TAX, MAHARASHTRA STATE
GST Bhavan, Mazgaon, Mumbai 400 010,
dated the 19th May 2018.
NOTIFICATION
Notification No. 23/2018 -State Tax.
No. JC(HQ)-1/GST/2018/Noti/Return/ADM-8.-In exercise of the powers conferred by section 168 of the Maharashtra Goods and Servic

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Amendment in notification of Government of Assam issued by Commissioner of State Tax. Assam vide No.CT/GST-14/2017/97 dated the 26th March, 2018

Amendment in notification of Government of Assam issued by Commissioner of State Tax. Assam vide No.CT/GST-14/2017/97 dated the 26th March, 2018
008/2018-GST Dated:- 19-5-2018 Assam SGST
GST – States
Assam SGST
Assam SGST
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
FINANCE (TAXATION) DEPARTMENT
NOTIFICATION NO.8/2018-GST [NO.CT/GST-14/2017/114],
The 19th May, 2018
In exercise of the powers conferred by sub-rule (5) of rule 61 of the Assam Goods and Services Tax Rules, 2017, t

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