Application for refund of tax, interest, penalty, fees or any other amount – Receipt of supplies in case of Deemed Export – Sub-Rule 4A and Sub-Rule 4B of Rule 89 of the CGST Rules, 2017 as amended.

Goods and Services Tax – Application for refund of tax, interest, penalty, fees or any other amount – Receipt of supplies in case of Deemed Export – Sub-Rule 4A and Sub-Rule 4B of Rule 89 of the CGST

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Documents to be carried by the transporter where e-bill is not required – he shall carry a copy of the tax invoice or the bill of supply issued in the absence of an e-way bill – See new Rule 55A of the CGST Rules, 2017

Goods and Services Tax – Documents to be carried by the transporter where e-bill is not required – he shall carry a copy of the tax invoice or the bill of supply issued in the absence of an e-way bill

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ITC ELEIGIBILITY FOR EMPLOYEES OUTSTATION TRIP STAY, TICKETS ETC

Goods and Services Tax – Started By: – SAFETAB LIFESCIENCE – Dated:- 24-1-2018 Last Replied Date:- 9-2-2018 – Dear Experts, Our comopany staff use to travel frequently for marketing purpose and stay at outstations.Can we avail ITC of the GST paid Flight Tickets charged by flight operators, GST paid on Travel agency's bills, hotel bills. We are getting bills with IGST from outstation parties and CGST+SGST for local bills properly. For e.g., Our company is in Pondicherry and our employees are staying in Mumbai. Some hotels are giving only CGST+IGST bills as their place of supply is Maharastra. In that case, shall we take ITC of that CGST and SGST ??? – Reply By Rajagopalan Ranganathan – The Reply = Sir, You have to prove that the expenditure incurred by you are in the course of or furtherance of business. As per section 17 (5) (g) of CGST Act, 2017 gst paid on goods or services or both used for personal consumption of your employees are not eligible for ITC. – Reply By KASTURI SETHI

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– The Reply = I agree with Sh.Alkesh Jani. 100% perfect. – Reply By SAFETAB LIFESCIENCE – The Reply = Dear Sirs, Thanks for your replies. I think my question in last para is not answered. That is my major doubt. Please do not mistake me. Our company is in Pondicherry and our employees are staying in Mumbai. Some hotels are giving only CGST+IGST bills as their place of supply is Maharastra. In that case, shall we take ITC of that CGST and SGST ???My major doubt is whether we can avail ITC of other state party's bill wherein CGST+SGST are charged . I know if they charge IGST , we can take credit. – Reply By KASTURI SETHI – The Reply = Dear Querist, Your employee went out of State and he received service in the hotel there. Service provider provided service in his state. Hotel owner cannot charge IGST because there is no movement of goods or service out of State. He supplied service within his State and Service was consumed within State. In the situation explained by you, how can he c

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g tax and it does not restrict for ITC. Pls correct me if mistaken. – Reply By SAFETAB LIFESCIENCE – The Reply = Dear Sir, Thanks for your reply and guidance. Earlier, we were told if we enter the suppliers GST number of other states and if we try to avail ITC (CGST+SGST), GST portal won't allow. Now, I am clear that even the other state supplier's local tax (SGST+CGST) can also be availed ITC by us. Thanks once again JI. – Reply By KASTURI SETHI – The Reply = Sh.Jani Ji, You have echoed my views. Mean to say I agree with interpretation. – Reply By Himansu Sekhar – The Reply = ITC of cgst and sgst bills of other states will not be allowed. The clarifications have been issued in this regards. Sgst act does not support such availment of credit. – Reply By Ramaswamy S – The Reply = Travel charges (flight, travel agent service etc) are eligible for ITC (IGST).Boarding and lodging not allowed as ITC. In case of boarding .and lodging the place of supply is intra state supply and not

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ed under this Act; Hence Bihar State tax cannot be utilised for payment of any other state tax. It is an example . The FAQ is a clarification as I opined. – Reply By KASTURI SETHI – The Reply = Yes. In pre-GST era, credit of VAT was for respective State only. Now SGST correspondents to erstwhile VAT. – Reply By VaibhavKumar Jain – The Reply = ITC of CGST and SGST charged by hotel in another State can only be taken through ISD route, otherwise you can't avail such credit. – Reply By SAFETAB LIFESCIENCE – The Reply = Dear Team, Thanks for all your replies. Thanks to Mr. Vaibav for today's reply. – Reply By KASTURI SETHI – The Reply = Sh.Jain Ji,. Your hardwork and search is appreciable. I think ISD route is foolproof and hassle-free. Nothing is lost if an assessee is registered as ISD but this was the sword of 'place of supply' will relegated to the background. – Reply By PARTHASARATHY V – The Reply = Sir,While officials traveling other states and stay involved there the

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Tax invoice in special cases – ISD invoice – new format particulars where ISD and recipient of services both are located within the same state i.e. having same pan and state code – See Rule 54(1A) of the CGST Rules, 2017 as amended.

Goods and Services Tax – Tax invoice in special cases – ISD invoice – new format particulars where ISD and recipient of services both are located within the same state i.e. having same pan and state c

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Manner of determination of input tax credit in respect of capital goods and reversal thereof in certain cases – Scope of the term exempted supplies amended – See Rule 43 of the CGST Rules, 2017 as amended.

Goods and Services Tax – Manner of determination of input tax credit in respect of capital goods and reversal thereof in certain cases – Scope of the term exempted supplies amended – See Rule 43 of th

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Cancellation of GST registration in case of Migrated Persons registered under the existing law – Application for cancellation can be submitted on or before 31.3.2018 – Rule 24(4) of the CGST Rules, 2017 as amended.

Goods and Services Tax – Cancellation of GST registration in case of Migrated Persons registered under the existing law – Application for cancellation can be submitted on or before 31.3.2018 – Rule 24

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Application for cancellation of registration – application for cancellation may be submitted in before the expiry of one years from the date of voluntary GST registration – Rule 20 of the CGST Rules, 2017 as amended.

Goods and Services Tax – Application for cancellation of registration – application for cancellation may be submitted in before the expiry of one years from the date of voluntary GST registration – Ru

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Rate of tax of the composition levy – Traders – Rate of tax shall be 0.5% (CGST) + 0.5% (SGST) = 1% on the taxable turnover only [non-taxable supplies to be excluded w.e.f. 1.1.208 from the turnover] – Rule 7 of the CGST Rules, 2017 as amended.

Goods and Services Tax – Rate of tax of the composition levy – Traders – Rate of tax shall be 0.5% (CGST) + 0.5% (SGST) = 1% on the taxable turnover only [non-taxable supplies to be excluded w.e.f. 1.

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Rate of tax of the composition levy – Manufacturers – Rate of tax shall be 0.5% (CGST) + 0.5% (SGST) = 1% on the turnover including non taxable supplies w.e.f. 1.1.2018 [earlier it was 2%] – Rule 7 of the CGST Rules, 2017 as amended.

Goods and Services Tax – Rate of tax of the composition levy – Manufacturers – Rate of tax shall be 0.5% (CGST) + 0.5% (SGST) = 1% on the turnover including non taxable supplies w.e.f. 1.1.2018 [earli

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Intimation for composition levy – Provisional registration or new registration before 31.3.2018 – period of limitation extended from 90 days to 180 days – Rule 3 of the CGST Rules, 2017 as amended.

Goods and Services Tax – Intimation for composition levy – Provisional registration or new registration before 31.3.2018 – period of limitation extended from 90 days to 180 days – Rule 3 of the CGST R

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Extension of date for filing the return in FORM GSTR-6 – return by an Input Service Distributor – for the months of July, 2017 to February, 2018 – Now GSTR-6 can be furnished till the 31st day of March, 2018.

Goods and Services Tax – Extension of date for filing the return in FORM GSTR-6 – return by an Input Service Distributor – for the months of July, 2017 to February, 2018 – Now GSTR-6 can be furnished

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Failure to furnish the return in FORM GSTR-6 by the due date – late fee reduced to twenty-five rupees per day

Goods and Services Tax – Failure to furnish the return in FORM GSTR-6 by the due date – late fee reduced to twenty-five rupees per day – TMI Updates – Highlights

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Failure to furnish the return in FORM GSTR-5A by the due date – where the total amount of integrated tax payable in the said return is nil – late fee reduced to ten rupees per day

Goods and Services Tax – Failure to furnish the return in FORM GSTR-5A by the due date – where the total amount of integrated tax payable in the said return is nil – late fee reduced to ten rupees per day – TMI Updates – Highlights

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Failure to furnish the return in FORM GSTR-5A by the due date – where the total amount of integrated tax payable in the said return is not nil – late fee reduced to twenty-five rupees per day

Goods and Services Tax – Failure to furnish the return in FORM GSTR-5A by the due date – where the total amount of integrated tax payable in the said return is not nil – late fee reduced to twenty-five rupees per day – TMI Updates – Highlights

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Failure to furnish the return in FORM GSTR-5 by the due date – where the total amount of central tax payable in the said return is nil – late fee reduced to ten rupees per day

Goods and Services Tax – Failure to furnish the return in FORM GSTR-5 by the due date – where the total amount of central tax payable in the said return is nil – late fee reduced to ten rupees per day – TMI Updates – Highlights

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Failure to furnish the return in FORM GSTR-5 by the due date – where the total amount of central tax payable in the said return is not nil – late fee reduced to twenty-five rupees per day

Goods and Services Tax – Failure to furnish the return in FORM GSTR-5 by the due date – where the total amount of central tax payable in the said return is not nil – late fee reduced to twenty-five rupees per day – TMI Updates – Highlights

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Failure to furnish the details of outward supplies for any month/quarter in FORM GSTR-1 by the due date – in case where outward supplies is Nil – late fee reduced to ten rupees per day

Goods and Services Tax – Failure to furnish the details of outward supplies for any month/quarter in FORM GSTR-1 by the due date – in case where outward supplies is Nil – late fee reduced to ten rupees per day – TMI Updates – Highlights

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Failure to furnish the details of outward supplies for any month/quarter in FORM GSTR-1 by the due date – in case where outward supplies is not Nil – late fee reduced to twenty-five rupees per day

Goods and Services Tax – Failure to furnish the details of outward supplies for any month/quarter in FORM GSTR-1 by the due date – in case where outward supplies is not Nil – late fee reduced to twenty-five rupees per day – TMI Updates – Highlights

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CARRY FORWARD OF BALANCE CREDIT CENVAT + PLA IN

Goods and Services Tax – Started By: – Nagaraj Bansode – Dated:- 24-1-2018 Last Replied Date:- 31-1-2018 – Dear Sir, I Have failed to file the Trans 1 which is meant to carry forward the balance Cenvat credit in GST regime. as on the portal till 1 st half it was flashing that the date has been extened upto 31st Dec-17, hence on 28th morning i tried to open the trans 1 form it was locked. Now please give me the Guide line how to Claim or Transfer the Cenvat Balance in GST regime And PLA Balance

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Exemption from Customs Duty and IGST – Temporary Import of Professional Equipment and Sports Goods under A.T.A. Carnet

Customs – Exemption from Customs Duty and IGST – Temporary Import of Professional Equipment and Sports Goods under A.T.A. Carnet – TMI Updates – Highlights

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ITC ELIGIBILITY FOR CORPORATE DAY OUT AMUSEMENT PARK GST

Goods and Services Tax – Started By: – SAFETAB LIFESCIENCE – Dated:- 24-1-2018 Last Replied Date:- 31-1-2018 – Dear Experts, We are planning for a Corporate Day out taking all our staff to an amusement park. It is purely a staff welfare activity. Whether we can avail ITC of GST charged by the amusement park for their charges. – Reply By RAJA SWAMINATHAN – The Reply = The fundamental Condition for availing input tax credit is that there should be a valid Invoice in the name of Corporation, the services shall not be used for personal purpose, The above activity is not specifically prohibted under section 17(5) of the CGST act. fwhere credit cannot be availed. For availing the benefit the invoice shall be in the name of corporation and not in

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Tax Invoice or bill of supply to accompany transport of goods.

Rule 55A – Rules – TAX INVOICE, CREDIT AND DEBIT NOTES – Central Goods and Services Tax Rules, 2017 – Rule 55A – 1[55A. Tax Invoice or bill of supply to accompany transport of goods.- The person-in-charge of the conveyance shall carry a copy of the tax invoice or the bill of supply issued in accordance with the provisions of rules 46, 46A or 49 in a case where such person is not required to carry an e-way bill under these rules.] ******************** Notes:- 1. Inserted vide Notification No. 3/

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Value of supply in case of lottery, betting, gambling and horse racing.

Rule 31A – Rules – Determination of Value of Supply – Central Goods and Services Tax Rules, 2017 – Rule 31A – 1[31A. Value of supply in case of lottery, betting, gambling and horse racing.-(1) Notwithstanding anything contained in the provisions of this Chapter, the value in respect of supplies specified below shall be determined in the manner provided hereinafter. (2) (a) The value of supply of lottery run by State Governments shall be deemed to be 100/112 of the face value of ticket or of the price as notified in the Official Gazette by the organising State, whichever is higher. (b) The value of supply of lottery authorised by State Governments shall be deemed to be 100/128 of the face value of ticket or of the price as notified in the O

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M/s Continental India Private Limited And Another Versus Union of India Thru Secy. And 3 Others

2018 (1) TMI 1245 – ALLAHABAD HIGH COURT – 2018 (10) G. S. T. L. 423 (All.) , [2018] 2 GSTL 36 (All) – Extension of time period for filing of GST Tran-1 – petitioner has alleged in the petition that despite making several efforts on the last date for filing of the application, the electronic system of the respondent no.2 did not respond, as a result of which the petitioner is likely to suffer loss of the credit that it is entitled to by passage of time – Held that: – the respondents are directed to reopen the portal within two weeks from today. In the event they do not do so, they will entertain the application of the petitioner manually and pass orders on it after due verification of the credits as claimed by the petitioner – decided in f

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he necessary transactional credit. The petitioner has alleged in the petition that despite making several efforts on the last date for filing of the application, the electronic system of the respondent no.2 did not respond, as a result of which the petitioner is likely to suffer loss of the credit that it is entitled to by passage of time. It is the petitioner's case that he has also submitted his application for transitional credit manually on 10.1.2018. The respondents were served with a notice on 19.1.2018 with a copy of the petition and they have also obtained instructions today. They say that portal is likely to be opened but is unable to say that when the portal is likely to be opened. In view of the above, the respondents are dir

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