TORRENT POWER LTD. Versus UNION OF INDIA

TORRENT POWER LTD. Versus UNION OF INDIA
GST
2018 (5) TMI 1391 – GUJARAT HIGH COURT – 2018 (17) G. S. T. L. 183 (Guj.)
GUJARAT HIGH COURT – HC
Dated:- 5-4-2018
R/Special Civil Application No. 5343 of 2018
GST
MR. AKIL KURESHI AND MR. B.N. KARIA, JJ.
For The Petitioner : Mr Saurabh Soparkar SR Counsel With Mr Uchit N Sheth(7336)
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
The petitioner no.1 is the electricity company engaged in generation, transmission and supply of electricity. Admitted position is that under the earlier VAT regime, transmission and distribution of electricity by an electricity transmission or distribution utility was exempted from payment of service tax. According to the petitioners,

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electricity transmission or distribution utility”
However, for the incidental or connected services, the Government of India has now issued a clarification dated 1.3.2018 in which it is provided that for all services such as application fee for releasing connection of electricity, rental charges against metering equipment, testing fee for meters, transformers, capacitors, etc, labour charges from customers for shifting of meters or shifting of service lines and charges for duplicate bill, such exemption would apply and such services are taxable.
On the basis of such clarification, the departmental authorities have issued summons dated 28.3.2018 to the petitioner calling for information and documents which includes the petitioner's ba

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Notification Uttar Pradesh Gst (Fifteenth Amendment) Rules, 2018.

Notification Uttar Pradesh Gst (Fifteenth Amendment) Rules, 2018.
NO.KA.NI.-2-540/XI-9(42)/17 Dated:- 5-4-2018 Uttar Pradesh SGST
GST – States
Uttar Pradesh SGST
Uttar Pradesh SGST
Uttar Pradesh Shasan
Sansthagat Vitta, Kar Evam Nibandhan Anubhag -2
NOTIFICATION
NO.KA.NI.-2-540/XI-9(42)/17-U.P. GST RULES-2017-ORDER (123)-2018
Lucknow : Dated : April 5, 2018
In exercise of the powers conferred by section 164 of the Uttar Pradesh Goods and Services Tax Act, 2017 (U.P. Act no.1 of 2017) read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no.1 of 1904), the Governor is pleased to make the following rules with a view to amending the Uttar Pradesh Goods and Services Tax Rules, 2017:-
THE UTTAR PRADES

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cipal or the job worker sending the goods to another job worker:
Provided that the challan issued by the principal may be endorsed by the 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:
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.";
Amendment of rule 127
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" sha

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to the Director General of Safeguards to cause further investigation or inquiry in accordance with the provisions of the Act and these rules.";
Amendment of rule 134
6.
In the said rules, for rule 134, the following rule shall be substituted, namely:-
"134. Decision to be taken by the majority.- (1) A minimum of three 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.";
Amendment of Explanation of Chapter XV
7.
In the said rules, in the Ex

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Notified Karnataka Goods and Services Tax (Fifth Amendment) Rules, 2018.

Notified Karnataka Goods and Services Tax (Fifth Amendment) Rules, 2018.
(4-O/2017) Dated:- 5-4-2018 Karnataka SGST
GST – States
Karnataka SGST
Karnataka SGST
GOVERNMENT OF KARNATAKA
FINANCE SECRETARIAT
NOTIFICATION (4-O/2017)
[NO. FD 47 CSL 2017], Bengaluru
dated: 05-04-2018
In exercise of the powers conferred by section 164 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) on the recommendation of the GST Council, the Government of Karnataka hereby makes the following rules further to amend the Karnataka Goods and Services Tax Rules, 2017, namely:-
RULES
Title and commencement
1. (1) These rules may be called the Karnataka Goods and Services Tax (Fifth Amendment) Rules, 2018.
(2) Save

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he principal may be endorsed by the 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:
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."
Amendment of rule 127
3. In rule 127 of the said rules, in clause (iv), for the word "tenth", the words "tenth day" shall be substituted.
Amendment of rule 129
4. In rule 129 of the said rules, in sub-rule (6), for the words "as allowed by the Standing Committee&q

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ion of rule 134
6. For rule 134 of the said rules, the following shall be substituted, namely:-
"134. Decision to be taken by the majority.-(1) A minimum of three 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."
Amendment to rule 137
7. In rule 137 of the said rules, in clause (c), after sub-clause b, . the following shall be inserted, namely:-
"c. any other person alleging, under sub-rule (1) of rule 128, that a registered person has

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M/s. Shaurya Enterprises Versus State of U.P. And 02 Others

M/s. Shaurya Enterprises Versus State of U.P. And 02 Others
GST
2018 (10) TMI 1237 – ALLAHABAD HIGH COURT – 2018 (17) G. S. T. L. 378 (All.)
ALLAHABAD HIGH COURT – HC
Dated:- 5-4-2018
WRIT TAX No. – 563 of 2018
GST
Mr Krishna Murari And Mr Ashok Kumar, JJ.
For The Petitioner : Raghwendra Prasad Mishra,Vijay Babu
For The Respondent : C.S.C.
ORDER
Supplementary affidavit filed today, is taken on record.
We have heard Shri Raghwendra Prasad Mishra and Shri Vijay Babu, learned counsel for the petitioner and learned Standing Counsel appearing on behalf of the State-respondents.
The instant writ petition has been filed by which the petitioner has challenged the seizure order dated 25.3.2018 passed under Section 129 (1) of UPGST Act, 2017 (hereinafter referred to as the 'Act') and the show cause notice dated 25.3.2018 issued under Section 129 (3) of the Act for proposed penalty.
Learned counsel for the petitioner has submitted that the petitioner is a reg

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mentioning therein the time of issuance at 6:10 PM. In the said interception memo, the respondent No. 2 has mentioned for verification of goods and documents while fixing the date for the same on 25.3.2018 at 11:00 AM.
The respondent No. 2 has prepared a report dated 25.3.2018 in which the details with regard to transaction has been noted.
Since, the respondent No. 2 was not satisfied with the documents, therefore, a seizure order has been passed on the same date, namely, on 25.3.2018 wherein the value of the goods has been estimated at Rs. 7,92,002/- excluding the IGST, which has been clearly mentioned in the tax invoice as well as in the GR issued by the transporter. Vide seizure order dated 25.3.2018, the respondent No. 2 has indicated that the goods and vehicle has been seized on the ground of non availability or non submission of E-way bill. Learned counsel for the petitioner has submitted that on account of some practical difficulties the necessity of the E-way bill has been w

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has been charged at the prescribed rate of 18% which is self explanatory from the bare perusal of the tax invoice as well as good receipt which clearly indicating the value and tax charged separately mentioning in the tax invoice.
Learned counsel for the petitioner has also challenged the show cause notice issued under Section 129 (3) of the Act by which the respondent No. 2 has proposed to impose the penalty to the extent of Rs. 1,42,560/- i.e. equal to the liability of tax which has been assessed at the rate of 18% on the value of the goods.
On the other hand, learned Standing Counsel has pointed out before us that E-way bill was admittedly not accompanying with the goods when the vehicle was intercepted and filing of the E-way bill subsequently has nothing but an after thought, therefore, the seizure proceedings and the show cause notice under Section 129 (3) are well within the domain of the authorities.
We have heard learned counsel for the respective parties and found that adm

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that the transaction in question was not a bonafide transaction and has seized the goods and vehicle. Admittedly, till 31st March, 2018 it was not mandatory to download the E-way bill from the official portal. We find the substance in the submission of the learned counsel for the petitioner that only with effect from 1st April, 2018 the requirement of downloading of the E-way bill is compulsory. However, without going into the said controversy at this stage, we find that the goods were bonafidely dispatched and are travelled from Raipur for the delivery at Basti are illegally and arbitrarily detained by the respondent No.2. We see no reason in seizing the goods and asking for the penalty.
In view of the aforesaid facts and the reasons given here-inabove, the order passed under Section 129 (1) of the Act passed on 25.3.2018 and the show cause notice issued under Section 129 (3) of the Act are hereby set aside.
The writ petition is allowed.
Case laws, Decisions, Judgements, Orders

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M/s. Harley Foods Products Pvt. Ltd. Versus State Of UP And 3 Others

M/s. Harley Foods Products Pvt. Ltd. Versus State Of UP And 3 Others
GST
2018 (11) TMI 704 – ALLAHABAD HIGH COURT – 2018 (19) G. S. T. L. 43 (All.)
ALLAHABAD HIGH COURT – HC
Dated:- 5-4-2018
WRIT TAX No. 584 of 2018
GST
Krishna Murari, and Ashok Kumar, JJ.
Counsel for Petitioner: Suyash Agarwal
Counsel for Respondent: C. S.C.,A.S.G.I.
(Per: Hon'ble Ashok Kumar, J.)
1. Heard Sri Suyash Agarwal, learned counsel for the petitioner, Sri C.B. Tripathi, learned Special Counsel for the State and Sri Anant Kumar Tiwari, learned counsel representing the Union of India.
2. The instant writ petition has been filed by the petitioner for the following relief;
A. Issue a writ, order or direction in the nature of certiorari quashing the seizure memo dated 25.03.2018 passed under Section 129(1) UPGST Act by Respondent no.4.
B. Issue a Writ, Order or Direction in the nature of Certiorari quashing the notices dated 25.03.2018 issued u/s 129(3) of UPGST Act by Respondent

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arat GST for outward journey from Ahmedabad to Meerut, U.P. The vehicle loaded with the goods proceeded from Ahmedabad and reached near Baghpat, U.P. at about 3.30 P.M. on 24.03.2018, the same has been intercepted/detained by the respondent no.4, the Assistant Commissioner, State Tax, Mobile Squad, Unit Baghpat and a detention notice has been issued in the name of the truck driver, in which, it has been mentioned that e-way bill-01 has not been produced at the time of interception whereas other documents are placed during the course of verification.
4. A seizure order dated 25.03.2018 has been passed under Section 129(1) of UPGST Act in the name of the driver of the vehicle by which the authority has estimated the value of goods seized at Rs. 10,05,214/.
5. The sole ground for seizure of the goods and vehicle is mentioned by the respondent no.4 that at the time of interception e-way bill-01 has not been produced along with other documents, therefore, there is a presumption that the g

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ding UPGST Rules 2017-Order(45)-2017 dated 20.09.2017. At Clause 10 of the said Notification, Rule 138 was substituted. He has submitted that another notification No.138 dated 30.01.2018 was issued in exercise of power under Section 164 of UPGST Act which provided that serial no.10 and 11 of notification no.1359 dated 20.09.2017 will come into force w.e.f. 01.02.2018.
7. Counsel for the petitioner has brought to our notice that after coming into force notification no.1359 dated 20.09.2017 w.e.f. 01.02.2018, the notification no.1014 dated 21.07.2017 stands superseded by notification no.1359 dated 20.09.2017.
8. He has submitted that a notification no.155 dated 31.01.2018 was issued under Section 164 of UPGST Act by which again UPGST Rules were amended. Amendment no.12 provides for amended rule 138 which shall come into effect w.e.f. 01.02.2018. Sub-Rule (13) of Rule 138 provides that e-way bill be generated under this rule or under rule 138 of GST of any State shall be valid in every

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s 2017) also stand rescinded.
11. To sum and substance from the above notifications are that neither Notification no.1014 dated 21.07.2017 nor notification no.1359 dated 20.09.2017 (4th amendment to GST Rules, 2017) was effective after 06.02.2018; as such the various e-way bills and TDF introduced under UPGST lost their validity.
12. On 06.02.2018 to validate the same, the Commissioner Commercial Tax U.P. issued a Circular No.2899 dated 06.02.2018 by which it made effective notification no.1014 dated 21.07.2017 which was already rescinded by notification no.138 dated 30.01.2018.
13. It is pertinent to mention here that Section 166 of UPGST Act empowers the State Government to issue notifications, which shall be laid before state legislature. Similarly Section 164 of the Act also empowers the State Government to formulate rules for carrying out the provisions of the Act. Section 168 of the Act empowers the Commissioner to issue instructions for proper implementation of the Act or rul

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ity of the circular and has submitted that the same is ultra vires to UPGST Act and Rules 2017.
16. On the contrary, Sri C.B. Tripathi, learned counsel representing the State has submitted that the circular is nothing but a clarification to all subordinate authorities to act by applying the notification No.1014 dated 21.07.2017 though is amended but still is applicable. He has further submitted that the present proceedings are summary proceedings, therefore, the petitioner be relegated to deposit the impugned demand and to participate in the penalty proceedings and in case if the petitioner succeeded before the seizing authority, the amount if so deposited in compliance of the seizure/penalty will be refunded.
17. We find no substance in the submission of learned counsel for the State.
18. On the other hand, we noticed that the notification dated 21.07.2017 has already been amended by the notification No. 1359 dated 20.09.2017 and on account of aforesaid amendment, the UPGST (4th Am

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Problems encountered in sanction of IGST refund Non-transmission of data from GSTN to Customs

Problems encountered in sanction of IGST refund Non-transmission of data from GSTN to Customs
PUBLIC NOTICE NO: 16/2018-19 Dated:- 5-4-2018 Trade Notice
Customs
OFFICE OF COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, KANDLA
NEW CUSTOMS BLDG, NR. BALAJI TRMPLE KANDLA – 370 210 KUTCH, GUJRAT
Phone No. 02860-271468-469, FAX: 271467
Email:- kandlacustoms@gmail.com
F. No. S/20-72/PN/IGST REF/AG/2017-18
Kandla, dated: 05.04.2018
PUBLIC NOTICE NO: 16/2018-19
Subject: Regarding.
Attention of all Exporters, General. Trade and other stake holders is invited to the Public Notice No. 01/2018 dated 16/01/2018, Public Notice No. 09/2018 dated 27/02/2018, Public Notice No.13/2018 dated 15/03/2018, and Standing Order No. 02/2018 dated 16/03/2018, issued by this office to resolve errors in the IGST refund claims held up with Customs system.
2. In several cases, the refunds are held up due to non-transmission of data from GSTN to Customs EDI system. The reason of non-transmission of data f

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GSTR-1 requires feeding of details with regard to integrated tax, namely the rate, taxable value and amount on account of exports. As there is no column to declare Cess amount, some of the exporters have declared the total of IGST and Cess paid amount in the column meant for IGST amount only. The declaration of IGST and Cess amount, in the manner, as above, as resulted in mis-match of IGST amount figures declared in Table 6A of GSTR-I vis-a-vis figures shown in Table 3.1(b) of GSTR-3B, resulting in data not getting transferred from GSTN to Customs EDI System, as amount of IGST paid reported in Table 6A of GSTR-1 is higher than the IGST amount indicated in Table 3.1(b) of GSTR-3B. For non-transmission on account of failure of above validation, the matter has been taken up by the CBEC with GSTN for resorting to system based solution.
(ii) Export supplies has been declared as domestic in GSTR-3B: –
(a) It is also observed that some of the exporters have provided correct details in T

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explaining error and the correction to be made in GST return to the GST Officers. In such cases exporters may also provide a certificate from the Chartered Accountant that the IGST has been paid on export of goods for which IGST refund is being claimed.
5. In addition to above, there are shipping bills in which the exporters by mistake have mentioned the status of IGST payment as "NA" instead of mentioning "P" in the shipping bill(s). In other words, the exporter has wrongly declared that the shipment is not under payment of IGST, despite the fact that they have paid the IGST. As a one-time exception, it has been decided to allow refund of IGST through an officer interface so that the officer can verify the actual payment of IGST based on GST return information forwarded by GSTN. Trade should also note that the IGST amount can be refunded to the same bank account which was mentioned in the PFMS registration.
6. The Trade Associations are requested to publicize th

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M/s Maa Vindhyavasini Tobacco Private Ltd. Versus State of Up And 3 Others

M/s Maa Vindhyavasini Tobacco Private Ltd. Versus State of Up And 3 Others
GST
2018 (4) TMI 1630 – ALLAHABAD HIGH COURT – 2018 (19) G. S. T. L. 590 (All.)
ALLAHABAD HIGH COURT – HC
Dated:- 5-4-2018
WRIT TAX No. – 592 of 2018
GST
Mr Ashok Kumar And Krishna Murari, JJ.
For The Petitioner : Shubham Agrawal
For The Respondent : C. S. C. , A. S. G. I.
ORDER
Heard Sri Shubham Agrawal, learned counsel for the petitioner, Sri C.B. Tripathi, learned Standing Counsel for the respondent nos. 1,3 and 4 and Sri Anant Kumar Tiwari, learned counsel for the respondent no. 2.
By means of the present writ petition the petitioner has challenged the jurisdiction of the respondent nos. 1,3 and 4 as well as the the seizure of the co

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aged, till the time of the downloading of the E-Way Bill, the details with regard to the vehicle are not mentioned and the same are being mentioned subsequently after downloading the E-Way Bill in handwriting.
Seizing authority doubted the transaction on the basis of the hand written details of the vehicle number and has seized the goods as well as vehicle.
Heard learned counsel for the petitioner and learned counsel representing the opposite parties. With the consent of the parties the instant writ petition is decided finally without calling the counter affidavit.
We find no irregularity in the transaction in question, for the reason, that till the downloading of the E-Way Bill the transport company and the vehicle was not engaged and t

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Implementation of revised Assessable value for IGST & GST Cess calculation-Instruction

Implementation of revised Assessable value for IGST & GST Cess calculation-Instruction
PUBLIC NOTICE NO. 15/2018 Dated:- 5-4-2018 Trade Notice
Customs
GOVT. OF INDIA
MINISTRY OF FINANCE, DEPARTMENT OF REVENUE
O/o THE PRINCIPAL COMMISSIONER OF CUSTOMS
(CHENNAI-VII) NEW CUSTOM HOUSE, MEENAMBAKKAM, CHENNAI – 600027.
F. No.: S.Misc.29/2016-17- EDI-ACC
Dated: 05.04.2018
PUBLIC NOTICE NO. 15/2018
Sub: Reg.
<<<>>><<<>>>
Attention of Importers, Custom Brokers & Trade is invited towards amendments in Finance Bill,2018 to introduce new Sections 3(8A) and 3(10A) of Customs Tariff Act, 1975 to determine assessable value for calculation of IGST and GST Compensation Cess on Ex-Bond Clearance.
2. If the goods are sold to other perso

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Refund of IGST on Export- Invoice mis-match Cases – Alternative Mechanism with Officer Interface

Refund of IGST on Export- Invoice mis-match Cases – Alternative Mechanism with Officer Interface
PUBLIC NOTICE NO. 11/2018 Dated:- 5-4-2018 Trade Notice
Customs
GOVERNMENT OF INDIA
MINISTRY OF FINANCE, DEPARTMENT OF REVENUE
OFFICE THE PRINCIPAL COMMISSIONER OF CUSTOMS (AIR CARGO)
NEW CUSTOM HOUSE, MEENAMBAKKAM, CHENNAI – 600027.
F. No.: S.Misc.29/2016-17- EDI-ACC
Dated: 26.02.2018
PUBLIC NOTICE NO. 11/2018
Subject: Regarding.
Kind attention of Exporters/ Customs Brokers, Industry Associations, Trading Public Other Stake holders is invited to Board's Circular no.05/2018-Customs dated 23.02.2018, wherein possible issues/ errors in Refund of IGST paid on exports is discussed. Numerous representations have been received from exporters / trade associations seeking resolution of various problems which have hindered the sanction of refund of IGST paid on exports. CBEC has issued Circular No 42 / 2017 dated 07-11-2017 which highlighted the common errors that hindered the

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icantly, exporters are still committing mistakes in the information furnished to (i) GSTN while filing GSTR 1 / Table 6A or GSTR 3B and (ii) Customs EDI system while filing Shipping Bill. The pre- requisites and precautions that need to be taken for successful processing of refund claims are as follows:
(i) Exporters have to file GSTR 3B with taxable value for export and IGST paid against exports indicated in appropriate fields.
(ii) Exporters have to file GSTR 1 or Table 6A for the exports made with correct details such as Invoice number, Taxable value. IGST paid, Shipping Bill number, Shipping Date and Port Code, Large number of exporters have filed incomplete GSTR 1 or Table 6A where shipping bill number or date or port code are missing. These records are not processed / forwarded to Customs by GSTN. E-mails have been sent to exporters asking them to correct their records through amendment process of GSTR 1 i.e through Table 9 of GSTR 1 of the following month.
(iii) The aggreg

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able 9 of GSTR 1 of the following month to amend the records of previous month so as to take care of issues mentioned in paras (ii) and (iii) above. In cases where exporters have already filed information through Table 9 of GSTR 1, the said information is being validated by GSTN. The validated information is expected to be forwarded by GSTN to Customs by mid-March 2018 for further processing.
(vi) The records (i.e GSTR 1 or Table 6A) which have been forwarded by GSTN to Customs after validations mentioned at (ii) and (iii) above are processed by the Customs EDI system. In cases where the information forwarded by GSTN tallies with the information furnished in Shipping bills, refunds are automatically sanctioned by Customs EDI system. As mentioned earlier, till date about Rs. 4000 Crore has been sanctioned as refund of IGST paid. 3
(vii) However, there are many instances where refunds are held up on Customs EDT system due to certain errors which have been clearly brought out in the C

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y link:
hops://www.icegate.g,ov.in/Download/v1.2_Advisory_Registration APPROVED.pdf
 Java set up for the DSC upload:
https://www. icep.ate.eov.in/Down load/JavaSetupForDSC.pdf
Once the registration is obtained, the exporters can check the status of IGST refunds associated with their exports and the corresponding error message, if any. This enquiry takes GSTIN Number, Port-code and Return Month as inputs and based on the input, Shipping Bill Number, Shipping Bill Date, Return Month, Invoice Number, Invoice Date, Response Code and Processed date is displayed as a result of the enquiry. The records displayed are those that have been received from GSTN and processed by the Customs Automated System.
(ix) The analysis of Customs data indicates that while most of the errors mentioned in para (vi) above are decreasing, the error mentioned at (c) in para (vii) is most prevalent. The error mentioned at (c) in para (vii) is about invoice mis-match. This error is because of the fa

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able 6A are correct though the said details provided in the shipping bill were at variance. It is pertinent to note that refund claims would be processed in only those cases where the error code is mentioned as SB005. Further, it may also be noted that all refunds shall continue to be credited electronically through the PFMS system, and no manual payment / cheque should be issued. The procedure for processing of IGST refund claims in these cases would be as follows:
a. The exporter shall provide a concordance table indicating mapping between GST invoices and corresponding Shipping Bill invoices, as annexed in support of the refund claim to the designated officer in the Custom house. A scanned copy of concordance table may also be sent to dedicated email address of Customs location from where exports took place.
b. Customs EDI system shall display list of all the invoices pertaining to such SBs vis-a-vis the invoice data received from GSTN. The officer shall verify the following:

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e refund is sanctioned shall be disabled in the system to prevent refund against same invoice in future.
f. Once refund is sanctioned by the officer, the shipping bills would be available for generating scroll as per normal process.
4. In order to ensure smooth operation of the prescribed procedure, this office has opened a dedicated “IGST Refund Cell” with phone no.044-22560346 and E-mail Id – pcomme7acccuschn@gov.in for the purpose of IGST refund.
5. This procedure is available only for Shipping Bills filed till 31st December 2017. Difficulties, if any, may be brought to the notice of the undersigned. It is again emphasized that Board is taking all possible steps to alleviate the difficulties associated with IGST refunds. However, ultimately it is the responsibility of the exporters to ensure careful and correct filing of returns for hassle free sanction of IGST refunds.
(N. PADMASRI)
COMMISSIONER OF CUSTOMS
COMMISSIONERATE VII (AIR CARGO)
=============
Document 1
follows:
A

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TREATMENT OF GOODS SENT FOR TRIALS

TREATMENT OF GOODS SENT FOR TRIALS
Query (Issue) Started By: – ANITA BHADRA Dated:- 4-4-2018 Last Reply Date:- 13-4-2018 Goods and Services Tax – GST
Got 16 Replies
GST
Dear Sir/ Madam
Public Sector Undertaking of Gaziabad ( Under Ministry of Defence) send Radar to other state for trials on returnable gate pass .
This Radar is developed by PSU and will remain property of PSU only .
My query is- under GST Act , how long this property can be with other state and what is the GST implication on it .
Regards & Thanks in Advance
CA Anita Bhadra
Reply By Alkesh Jani:
The Reply:
Sir/Madam,
In this regards, my point of view is that, firstly, it is to be ascertain that the said PSU has entered any contract with other state for which consideration is required to be made by other state, if so, as there is no transfer of title of goods, it may be covered under the ambit of supply of service under HSN Code 99731. However, the consideration may be as agreed upon. In the above cas

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eply By KASTURI SETHI:
The Reply:
The activity of testing/trial of radar cannot fall under HSN 99731 at all. However, remaining points raised by Sh.Alkesh Jani Ji, are worth consideration to arrive at final decision. The remote possibility of RCM in this case cannot be ruled out. Still full facts are known to.
Reply By YAGAY AND SUN:
The Reply:
Dear CA Anita Bhadra
Such queries must not be raised/replied on an open forums like TMI as these are very sensitive matter related to Nation's Security. We hope you understand it.
Requesting TMI to delete this query along with all replies. Requesting all experts to not to revert on such queries.
Regards,
YAGAY & SUN
Reply By Ganeshan Kalyani:
The Reply:
Agreed.
Reply By KASTURI SETHI:
The Reply:
Madam, Enemies (various types of criminals) of our country have not respect for any law. Such persons do not read taxations site. Only law abiding citizens and professional (who help law abiding citizens to abide by taxation laws) browse T

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h it we got mail from .gov.in
We should not do anything directly or indirectly knowingly or unknowingly, Consciously or Unconsciously which could do harm to our Mother Land.
Just read about Isreal and Israelis and about their passion, love and sacrifices toward their country. We are 1.35 bn and just says what our country is doing for us.
Think again.
Long Live Bharat.
Jai Hind.
Reply By KASTURI SETHI:
The Reply:
Thanks to M/s.YAGAY and SUN for posting such very useful information.
Reply By KASTURI SETHI:
The Reply:
Sometimes the addition of a little information can bring a new perspective to a problem or help you to better understand a person or situation.
Your spirit of patriotism is appreciable indeed.
Reply By Ganeshan Kalyani:
The Reply:
Totally agreeing with M/s.Yagay and Sun.
Reply By Ganeshan Kalyani:
The Reply:
How does a people post their product here as an advertisement. We experts tell them not to do such advertisement without the knowledge of TMI. Similarly

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my Country & my Earth?
Now coming back to your query, in our view since it is capital goods then limitation period is 3 years i.e. within 3 years it must come back. Further, it must go on delivery challan but not on returnable gate pass as RGP is not a document prescribed under the GST Laws.
Reply By Alkesh Jani:
The Reply:
Dear all,
First of all, I would like to thank all for the views expressed, as well as, their concerns with the security of our mother land. This really touched my heart, the spirit of patriotism is appreciable, but the suggestion that this discussion may be removed or deleted is not acceptable, because, let whole world know that the each participant of this TMI forum, is not only concerns with the tax related matters but believes in COUNTRY FIRST. The TMI, who has provided this platform, where the tax payers or any one raising any query, the experts, naming any will be injustice to others, gives their most valuable advice, and even a bit is left, is filled by ot

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Government sets up an IT Grievance Redressal Mechanism to address the grievances of taxpayers due to technical glitches on GST Portal

Government sets up an IT Grievance Redressal Mechanism to address the grievances of taxpayers due to technical glitches on GST Portal
GST
Dated:- 4-4-2018

It has been decided by the Government to put in place an IT-Grievance Redressal Mechanism to address the difficulties faced by a section of taxpayers owing to technical glitches on the GST portal. In this regard, GST Council has delegated powers to an IT Grievance Redressal Committee to approve and recommend to the GSTN the steps to be taken to redress the grievance and provide relief to the taxpayer. The relief could be in the nature of allowing filing of any Form or Return prescribed in law or amending any Form or Return already filed. However, where the problem relates to

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h such that the process of digitally signing/ validating TRAN-1 could not be completed. The taxpayer would be allowed to complete the process of filing such TRAN 1, stuck due to IT glitches, by 30th April 2018 and the process of completing filing of GSTR 3B which could not be filed for such TRAN 1 shall be completed by 31st May 2018.
The last date for filing of TRAN 1 is not being extended in general and only the taxpayers, who have been identified in terms of the circular issued in this regard, shall be allowed to complete the process of filing TRAN-1.
The decision relating to filing of TRAN-1 shall benefit 17,573 taxpayers who shall consequently be able to avail ₹ 2582.98 cr. as CGST credit and ₹ 1112.77 cr. as SGST credit.

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Cancellation of Invoice

Cancellation of Invoice
Query (Issue) Started By: – Venukumar HJ Dated:- 4-4-2018 Last Reply Date:- 7-4-2018 Goods and Services Tax – GST
Got 4 Replies
GST
We have raised invoice in the month of November 2017 against original purchase order and filed GSTR 3B and GSTR 1. During February 2018 original PO cancelled and new PO issued. Now, the invoice raised to be cancelled. How to show cancelled invoice in GSTR 3B and GSTR 1?
Reply By Ganeshan Kalyani:
The Reply:
The cancelled invoic

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storage of goods outside the premises-reg

storage of goods outside the premises-reg
Query (Issue) Started By: – Ramakrishnan Seshadri Dated:- 4-4-2018 Last Reply Date:- 7-4-2018 Goods and Services Tax – GST
Got 4 Replies
GST
Dear Sir,
We are the manufacture of automobile parts supplying to OEM customer. We had a doubt.
We are importing raw materials from outside india. One of our raw materials informs that he will supply some bulk rawmaterial to us. He ask us to pay duty and clear the consignment and ask us to store in private warehouse and clear the rawmaterial from private warehouse.
In this case what is the procedure to be followed for storing goods outside the premises
How to take gst credit on the raw materials.
Dear experts please clarify.
Thanks & Regards

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Invoice series

Invoice series
Query (Issue) Started By: – Rupali Malik Dated:- 4-4-2018 Last Reply Date:- 7-4-2018 Goods and Services Tax – GST
Got 4 Replies
GST
Is it mandatory to start a new fresh series for the FY 2018-19 ?
Or we can just simply continue our old series?
Reply By SHIVKUMAR SHARMA:
The Reply:
It is optional.You can Continue your old series.
Reply By Ganeshan Kalyani:
The Reply:
The serial number should be unique for each financial year. So you may continue with the existing

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Latest updates on E-way Bill – Live Facebook discussion by Mr. Bimal Jain

Latest updates on E-way Bill – Live Facebook discussion by Mr. Bimal Jain
By: – Bimal jain
Goods and Services Tax – GST
Dated:- 4-4-2018

Dear Professional Colleague,
Greetings of the day…!!!
Touted as an anti-evasion measure, E-way bill has been made mandatory for inter-state movement of goods from April 1, 2018 after technological glitches forced the government to defer the implementation from the initial rollout date of February 1, 2018.
This time the portal has been made friendlier with certain new features to accommodate typical transactions of the trade. For ease of your digest, we are summarising herewith certain updates related to E-way bill system:
* Presently, E-way bill operations are not available for intra

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'Ship to' address of the destination of the movement is entered. The other details are entered as per the invoice.
* Now 'Bill from – Dispatch from' can also be handled on E-way Bill portal: Sometimes, the supplier prepares the bill from his business premises to consignee, but moves the consignment from some others' premises to the consignee as per the business requirements. This is known as 'Billing From' and 'Dispatching From'. E-way bill system has provision for this. In the e-way bill form, there are two portions under 'FROM' section. In the left hand side – 'Bill From' supplier's GSTIN and trade name are entered and in the right hand side – 'Dispatch From', address of the dispatching place is entered. The other details are entered as

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March. Then first day would end on 12:00 midnight of 15 -16 March. Second day will end on 12:00 midnight of 16 -17 March and so on.
For your easy understanding on various procedures and intricacies of E-Way Bill system covering basic provisions, specific case studies of 'Bill to-Ship to', Sales return, Dispatch from different locations, multiple invoices etc., Mr. Bimal Jain has discussed these aspects via Facebook LIVE discussion on April 2, 2018.
Trust you will find the video helpful for comprehensive understanding of E-Way Bill system in GST. In case of any query/ information, please do not hesitate to write back to us.
Thanks & Best Regards,

Bimal Jain
FCA, FCS, LLB, B.Com (Hons)
Scholarly articles for knowledge sharing by a

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M/s. Eurasian Minerals and Enterprises P Ltd. Versus Commissioner of CGST & CE, Bhopal

M/s. Eurasian Minerals and Enterprises P Ltd. Versus Commissioner of CGST & CE, Bhopal
Central Excise
2018 (4) TMI 1447 – CESTAT NEW DELHI – TMI
CESTAT NEW DELHI – AT
Dated:- 4-4-2018
Excise Appeal No. 50123 of 2018 – A/51243/2018-EX[DB]
Central Excise
Mr. Justice (Dr.) Satish Chandra, President And Mr. V. Padmanabhan, Member (Technical)
Shri Z U Alvi, Advocate for the Appellants
Shri S K Bansal, AR for the Respondent
Per: Justice (Dr.) Satish Chandra:
The present appeal is filed by the appellant against the Order-in- Appeal No. BHO-EXCUS-001-APP-337-17-18 dated 17.10.2017. Disputed period is April, 2012 to March, 2013.
2. Brief facts of the case are that the appellant is engaged in the processing of iron ore.

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f M/s. Jains Mines and Minerals (India) Ltd. vs. CCE & ST, Jabalpur [Final Order No. 57214/2017 dated 10.10.2017 ] where it was observed that-
“4. We have heard both the sides and perused the appeal record. The only dispute in the present case is the liability of the appellant for excise duty on the process undertaken by them. The Board has vide their Circular dated 17/02/2012 on similar set of facts clarified the matter. However, quoting the Board Circular, the impugned order with reference to HSN note, arrived at a different conclusion. We note that the process undertaken by the appellant are not in dispute. There is no special process facility with the appellant. Improvement in the content of “Fe” due to the processes undertaken by the

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Shree Rajasthan Syntex Ltd. Versus Union of India, The Commissioner (Appeals), Central Excise & Central Goods and Service Tax, The Assistant Commissioner, Central Goods and Service Tax, (Formerly Known As Central Excise and Service Tax), The Add

Shree Rajasthan Syntex Ltd. Versus Union of India, The Commissioner (Appeals), Central Excise & Central Goods and Service Tax, The Assistant Commissioner, Central Goods and Service Tax, (Formerly Known As Central Excise and Service Tax), The Additional Secretary to the Government of India, Ministry of Finance (Department of Revenue)
Central Excise
2018 (5) TMI 1056 – RAJASTHAN HIGH COURT – 2018 (15) G. S. T. L. 587 (Raj.)
RAJASTHAN HIGH COURT – HC
Dated:- 4-4-2018
D.B. Civil Writ Petition No. 1214 / 2018, D.B. Civil Writ Petition No. 1215 / 2018
Central Excise
Gopal Krishan Vyas And Ramchandra Singh Jhala, JJ.
For the Petitioner : Mr. Neeraj Jain
JUDGMENT
Per Hon'ble Mr. Justice Gopal Krishan Vyas
In both the writ petition following prayer is made by the petitioners, which reads as under:-
“i) That the present writ petition may kindly be allowed and the impugned order dated 1010.2017 (Annex.13) passed by the Respondent No.4, impugned Order-in-Original da

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f 8 years in filing revision petition.
As per the facts of the case, the petitioner procured the raw material at Nil rate of duty under Notification No.43/2001-CE(NT) dated 26.6.2001 subject to the condition that the final products manufactured from such raw material would be exported. The Central Board of Excise and Customs, vide its notification No.10/2004 – CE (NT) dated 2.6.2004, amended the above said notification by inserting an explanation to provide that the export of goods can be effected under Rule 19 of the Central Excise Rules only. The Central Board of Excise and customs, vide its circular no.792/25/2004-CX dated 2.6.2004 also clarified that the explanation inserted in Rule 19 will be effective from 26.6.2001. In above situation, a show cause notice was issued by the Jurisdictional Assistant Commissioner to disallow the rebate claims to the petitioner on the ground that they had exported the goods under Rule 18. However, o getting various representation from the industrie

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of export. The petitioner's appeals before the Commissioner (Appeals) were also rejected.
Being aggrieved, the petitioner filed an appeal before CESTAT on 28.10.2005 against the OIA No.464-465 (HSK) CE/JPR-II/2005 dated 12.8.2005. Finally the CESTAT, vide its final order No.A56607-566087/2013-EX(DB) dated 24.5.2013 dismissed the petitioner's appeal as not maitnianble on the ground that they did not have jurisdiction over their appeals as these relate to rebate of Central Excise Duty. After dismissal of their appeal by CESTAT, petitioner has filed the revision petition before the revisonal authority on 19.8.2013 on the ground that they had cleared goods from factory prior to amendment in notification No.43/2001-CE (NT) w.e.f. 2.6.2004 and, therefore, the date of clearance of goods from factory should be considered as date of export and the rebate of duty should b paid to them. The aforesaid revision application were filed beyond specific period of three months and application for condo

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.2013 after more than 8 years and the petitioner made request for condonation of huge delay on the ground that they availed wrong forum to challenge the order. The learned revisional authority observed that it was not bonafide mistake and sufficient cause which prevented the petitioners from filing revision application in time as it was their conscious decision to file an appeal, which is not on account of any ignorance of law or lack of resources. Further, it is held that petitioner is major bsiness entity, backed by a storng managerial and legal team, and the above facts fully demonstrate that they always fought their legal battle at all plate forms. When CBEC had issued its earlier cirtuclar dated 2.6.2004 clarifying that explanation in notification No.43/2001-CE (NT) will be effective from retrospective effect, the petitioner immediately approached Rajasthan High Court and when their rebate claims were rejected by lower authority and the appellate authority they not only filed the

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ent of India involving the dispute regarding rebate of duty in similar fashion, therefore, it is not a case to condone the delay.
Learned counsel for the petitioner invited our attention towards the judgment rendered by the Delhi High Court in M/s Sun Pharmaceutical Industries ltd Vs. UOI & Ors. WP(C) No.7120/2001 dated 22.8.2016 and another judgment of Hon'ble High Court of Punjab and Haryana High Court in the case of in the case of M/s. Gilco Exports Ltd. Vs. Union of India in CM No.12812of 2014 dated 17.12.2014 and judgment of the Hon'ble Supreme Court in the case of MP Steel Corporation Vs. Commissioner of Central Excise in Civil Appeal No.4367/2004 dated 23.4.2015 and submits that the delay was to be condoned by the revisional authority after 8 years.
After hearing learned counsel for the parties it emerges from the facts that petitioner preferred revision petitions after delay of 8 years knowingly well that revision is not maintainable, preferred appeal before CESTAT an

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M/s Haryana Freight Carrier (P). Ltd. Versus State Of Up And 3 Others

M/s Haryana Freight Carrier (P). Ltd. Versus State Of Up And 3 Others
GST
2018 (6) TMI 423 – ALLAHABAD HIGH COURT – 2018 (13) G. S. T. L. 14 (All.)
ALLAHABAD HIGH COURT – HC
Dated:- 4-4-2018
Writ Tax No. – 579 of 2018
GST
Mr. Krishna Murari And Mr. Ashok Kumar, JJ.
For The Petitioner : Murari Mohan Rai,Nitin Kesarwani
For The Respondent : C.S.C., A.S.G.I.
ORDER
Heard Sri Nitin Kesarwani, Sri M.M. Rai, learned counsel for the petitioner. Sri C.B. Tripathi, learned Special Counsel for the State and Sri Anant Kumar Tiwari, learned Standing Counsel for the Union of India.
The instant writ petition has been filed by the petitioner-M/S Haryana Freight Carrier (P). Ltd., which is a Transport Company, carrying on the bus

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oices. It is further contended that the requisite G.R.(Goods Receipts) are issued by the petitioner which also accompanied with the goods while it started for transportation from Delhi.
Petitioner, however, downloaded the transit declaration Form-1 at the U.P. Border before the vehicle entered inside the State of U.P. for the purposes of Inter-State movements of goods, on 18.03.2018.
According to the petitioner, the goods loaded in vehicle started its journey from Delhi to Jharkhand and the same has been intercepted on 20.03.2018 at about 08-00 p.m. by the respondent no. 4, the Assistant Commissioner, State Tax, Mobile Squad Unit-II, District Mirzapur and the said respondent no. 4 has issued an interception memo No. 1 dated 20.03.2018 und

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a sum of Rs. 67,010/- be not imposed as penalty apart Rs. 67,010/-as tax.
Against the said seizure order and penalty notice, the instant writ petition has been filed.
After hearing the parties at length, it is clear that the goods were meant for one State to other and are being transported through the State of U.P. The petitioner being transporter has on wrong advice downloaded the transit declaration Form which was prescribed under the VAT Act and has no role so far as the transaction in question is concerned, which is covered by the provisions of the CGST, Act, 2017. The seizing authority arrived at the conclusion that after due physical verification of the goods, it transpired that the goods of Rs. 3,59,220/- are found in excess as aga

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Debit/credit note

Debit/credit note
Query (Issue) Started By: – Rupali Malik Dated:- 3-4-2018 Last Reply Date:- 9-4-2018 Goods and Services Tax – GST
Got 3 Replies
GST
If a seller A supplies goods to Buyer B
And now the goods are to be returned.
Are both parties liable to issue credit/Debit note respectively ??
Reply By Ganeshan Kalyani:
The Reply:
In GST credit note / debit note are to be raised by the supplier of the goods. However, buyer can raise debit note.
Reply By YAGAY AND SUN:
The Reply

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CBIC Establishes IT Grievance Redressal Mechanism to Address Technical Issues on GST Portal for Taxpayer Concerns.

CBIC Establishes IT Grievance Redressal Mechanism to Address Technical Issues on GST Portal for Taxpayer Concerns.
Circulars
GST
Setting up of an IT Grievance Redressal Mechanism to address t

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Online LUT Bond – Proof of export is required??

Online LUT Bond – Proof of export is required??
Query (Issue) Started By: – Bhavya P Dated:- 3-4-2018 Last Reply Date:- 7-4-2018 Goods and Services Tax – GST
Got 4 Replies
GST
Dear Sir/Madam,
While getting the LUT Bond from department we were submitting the proof of export,how about online submission do we need to submit the proof of exports.
Reply By SHIVKUMAR SHARMA:
The Reply:
No need to submit Proof of Export to the Deptt.but we have to keep our record updated at our end.
Re

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ITC against invoices paid after 180 days as per agreed terms

ITC against invoices paid after 180 days as per agreed terms
Query (Issue) Started By: – MohanLal tiwari Dated:- 3-4-2018 Last Reply Date:- 7-4-2018 Goods and Services Tax – GST
Got 4 Replies
GST
Dear Experts,
As per section 16 of CGST act. – 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:

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Procedures and Intricacies of E-Way Bill – How, When and Who to generate

Procedures and Intricacies of E-Way Bill – How, When and Who to generate
By: – Bimal jain
Goods and Services Tax – GST
Dated:- 3-4-2018

Dear Professional Colleague,
E-way bill provision of GST, first introduced on 1 February 2018 was initially made mandatory for inter-state transportation of goods, having consignment value of more than ₹ 50,000 through road, railways, airways and vessels. However, after the e-way bill portal crashed on the very first day due to technical glitches, the government extended the deadline and asked GSTN to develop a fool-proof system before the re-launch of the bill.
Thereafter, the Central Government has substituted Rule 138 of the Central Goods and Services Tax Rules, 2017 (“CGST Rules”) vide Notification No. 12/2018- Central Tax, dated March 7, 2018 and notified April 01, 2018 as the date from which E-way bill Rules shall come into force for all inter-state movement of goods, having consignment value more than ₹ 50,000 vide

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Registered Taxpayer as the Consignor or the Consignee and then enter the Captcha Code, then Click on “Go” tab, then, Click on Send OTP and verify the same, after checking the auto-filled details.
* Enter the OTP received on the registered mobile number and verify the same by clicking on the “verify OTP' button”.
* Create a “New User id and password” by your own choice. The system validates and pops up a message if there is an error in the details entered by you. Once all the details are correctly filled, User ID and password will be created.
*Note: Tips for creating Username & Password:
The username should be of at least 8 characters with a combination of alphabets (A-Z/a-z), numerals (0-9) and special characters (@, #, $, %, &, *, ^) and can't exceed more than 15 characters.
The password should be of at least 8 characters.
When to generate E-way bill:
Every registered person either consignor or consignee, who is causing the movement of goods of consignment value exceeding

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invoice is issued in respect of both exempted and taxable supply of goods.
Compulsory generation of E-way bill irrespective of any consignment value:
Where goods are sent by a principal located in one State or Union territory to a job worker located in any other State or Union territory, the e-way bill shall be generated either by the principal or the job worker, if registered, irrespective of the value of the consignment.
A person who has been exempted from registration under clauses (i) and (ii) of Section 24 and making inter-state movement of handicraft goods shall generate E-way bill irrespective of the value of the consignment.
Meaning of Person causing the movement:
Broadly, the movement of goods may either be caused by registered consignor (supplier) or registered consignee (recipient) or where the goods are supplied by unregistered person as consignor to a registered recipient, then, such consignee shall be treated as the person causing the movement of goods.
Who can ge

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produced at the time of delivery.
Time Validity for filling up Part B of Form EWB 01:
Details in Part B shall be furnished within15 days of furnishing details in Part A, because unique number generated after furnishing details in Part A shall become invalid after 15 days.
Generation of E-way bill – Optional:
In certain cases, E-way bill may be generated at the option of consignor or consignee or transporter and these situations should be either of the following:
* Where consignment value is less than fifty thousand rupees; or
* Where movement of goods is taking place between unregistered supplier and unregistered recipient;
Consolidated E-way bill:
A transporter may, at his option, generate a consolidated E-way bill in Form EWB-02 by indicating serial number of all the e-way bills generated, where multiple consignments are intended to be transported in one conveyance.
Details to be filled in Part A & Part B of Form EWB 01:
Following data are to be furnished in Part A which

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gle indivisible unit and which exceeds the dimensional limits prescribed in Rule 93 of the Central Motor Vehicle Rules, 1989, made under the Motor Vehicles Act, 1988 (59 of 1988).
Validity period of one day shall be counted as:
* 1st day: Mid-night of the date following the date on which E-way bill is generated.
* All subsequent day: Mid night of the date.
However, this period of one day may be extended by the commissioner for certain categories of goods which may be notified on recommendation of GST Council.
Extension of Time Validity of E-way bill:
Provided further that, where under circumstances of an exceptional nature, including trans-shipment, the goods cannot be transported within the validity period of the e-way bill, the transporter may extend the validity period after updating the details in Part B of FORM GST EWB-01, if required.
Acceptance / Rejection of E-way bill:
The details of e-way bill generated shall be made available to-
* supplier, if registered, where

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ied in transit in accordance with the provisions of Rule 138B.
Details of conveyance in Part B: When not to be furnished/updated
* Where the goods are transported for a distance of upto fifty kilometers within the State or Union territory from the place of business of the consignor to the place of business of the transporter for further transportation;
* Where, goods are transferred from one conveyance to another, and goods are transported for a distance of upto fifty kilometres within the State or Union territory from the place of business of the transporter finally to the place of business of the consignee, the details of the conveyance may not be updated in the e-way bill.
E- Way Bill – When not required:
Certain categories of movements where E-waybill shall not be required to be generated and carried are as under:
* 8 Notified goods in Annexure to Rule 138 including LPG, postal baggage, jewellery, currency, used personal and household effects, etc.
* Where goods are tr

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ion No. 26/2017 dated September 21, 2017 by the Department of Atomic Energy to the Nuclear Power Corporation of India Ltd
* Movement of goods caused by defence formation under Ministry of defence as a consignor or consignee ;
* where the consignor of goods is the Central Government, Government of any State or a local authority for transport of goods by rail;
* where empty cargo containers are being transported;
* Movement of goods from place of business of consignor to weighbridge and vice-versa, where the distance is upto twenty kilometres, however goods in this case must be accompanied by a delivery challan.
Other important provisions pertaining to E-way bill:
* Shifting of goods from one conveyance to another
Where the goods are transferred from one conveyance to another, the consigner or the recipient, who has provided information in Part A of the FORM GST EWB-01, or the transporter shall, before such transfer and further movement of goods, update the details of convey

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ctions:
Earlier a FAQ was issued by department and it was opined that generation of two E-way Bills will be required if “Bill to” and “Ship to” parties are two different persons in GST.
However, now this complexity will be handled through the capturing of place of dispatch in Part A of E-way Bill.
Specific Provision pertaining to E -way Bill applicable from a date to be notified:
Where the consignor or the consignee has not generated the E-way bill in FORM GST EWB-01 and the aggregate of the consignment value of goods carried in the conveyance is more than fifty thousand rupees, the transporter, except in case of transportation of goods by railways, air and vessel, shall, in respect of inter-State supply, generate the e-way bill in FORM GST EWB-01 on the basis of invoice or bill of supply or delivery challan, as the case may be, and may also generate a consolidated e-way bill in FORM GST EWB-02 on the common portal prior to the movement of goods:
Provided that where the goods to

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ry; or
* a delivery challan, where the goods are transported other than by way of supply.
Further, instead of tax invoice, a registered person may produce for verification, an Invoice Reference Number (IRN) generated on common portal after uploading tax invoice details in Form INV-1. The IRN shall be valid for a period of 30 days and the details in Part A of Form EWB-01 shall be auto-populated on the basis of information furnished in Form INV-1.
Verification of Documents and Conveyance
The commissioner or any officer empowered by him may authorize proper officer to intercept and carry physical or electronic verification of e-way bill and also verification of conveyance. However, on receipt of specific information on evasion of tax, physical verification of a specific conveyance can also be carried out by any other officer after obtaining necessary approval of the Commissioner or an officer authorised by him in this behalf.
Where commissioner has notified certain transporter to e

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Setting up of an IT Grievance Redressal Mechanism to address the grievances of taxpayers due to technical glitches on GST Portal-reg.

Setting up of an IT Grievance Redressal Mechanism to address the grievances of taxpayers due to technical glitches on GST Portal-reg.
39/13/2018 Dated:- 3-4-2018 CGST – Circulars / Ordes
GST
Circular No. 39/13/2018-GST
F. No. 267/7/2018-CX.8
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
New Delhi, dated the 3rd April, 2018
To
The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/ Commissioner of Central Tax (All),
The Principal Director Generals/ Director Generals (All).
Sub: Setting up of an IT Grievance Redressal Mechanism to address the grievances of taxpayers due to technical glitches on GST Portal-reg.
Madam/Sir,
It has been decided to put in place an IT-Grievance Redressal Mechanism to address the difficulties faced by a section of taxpayers owing to technical glitches on the GST portal and the relief that needs to be given to them. The relief could be in the nature of allow

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d issues such as non-availability of internet connectivity or failure of power supply, this mechanism shall not be available.
4. IT-Grievance Redressal Committee
Any issue which needs to be addressed through this mechanism shall be identified by GSTN and the method of resolution approved by the GST Implementation Committee (GIC) which shall act as the IT Grievance Redressal Committee. In GIC meetings convened to address IT issues or IT glitches, the CEO, GSTN and the DG (Systems), CBEC shall participate in these meetings as special invitees.
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 wh

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as may be necessary.
6.3 IT-Grievance Redressal Committee may give directions as necessary to GSTN and field formations of the tax administrations for implementation of the decision.
7. Legal issues
7.1 Where an IT related glitch has been identified as the reason for failure of a taxpayer in filing of a return or form prescribed in the law, the consequential fine and penalty would also be required to be waived. GST Council has delegated the power to the IT Grievance Redressal Committee to recommend waiver of fine or penalty, in case of an emergency, to the Government in terms of section 128 of the CGST Act, 2017 under such mitigating circumstances as are identified by the committee. All such notifications waiving fine or penalty shall be placed before GST Council.
7.2 Where adequate time is available, the issue of waiver of fee and penalty shall be placed before the GST Council with recommendation of the IT-Grievance Redressal Committee.
8. Resolution of stuck TRAN-1s and filing

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1, which could not be filed. If needed, GSTN may request field formations of Centre and State to collect additional document/ data etc. or verify the same to identify taxpayers who should be allowed this procedure.
8.3 GSTN shall communicate directly with the taxpayers in this regard and submit a final report to GIC about the number of TRAN-1s filed and submitted through this process.
8.4 The taxpayers shall complete the process of filing of TRAN 1 stuck due to IT glitches, as discussed above, by 30th April 2018 and the process of completing filing of GSTR 3B which could not be filed for such TRAN 1 shall be completed by 31st May 2018.
9. The decisions of the Hon'ble High Courts of Allahabad, Bombay etc., where no case specific decision has been taken, may be implemented in-line with the procedure prescribed above, subject to fulfilment of the conditions prescribed therein. Where these conditions are not satisfied, Hon'ble Courts may be suitably informed and if needed review or appe

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Extend the time limit for furnishing the details or return details of outward supply of goods or services or both in FORM GSTR-1 -the registered persons having aggregate turnover of up to 1.5 crore rupees.

Extend the time limit for furnishing the details or return details of outward supply of goods or services or both in FORM GSTR-1 -the registered persons having aggregate turnover of up to 1.5 crore rupees.
S.O. 163 Dated:- 3-4-2018 Bihar SGST
GST – States
Bihar SGST
Bihar SGST
Bihar Government
Commercial Tax Department
Notification
The 3rd April 2018
S.O. 163, dated 3rd April 2018- In exercise of the powers conferred by section 148 of the Bihar Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as the Act), the Governor of Bihar, 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

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