Author: admin_gst

GST – States – 38451-FIN-CT1-TAX-0034/2017- S.R.O. No. 779/2017 – Dated:- 30-12-2017 – FINANCE DEPARTMENT NOTIFICATION The 30th December, 2017 S.R.O. No.779/2017- In exercise of the powers conferred by Section 164 of the Odisha Goods and Services Tax Act, 2017 (Odisha Act 7 of 2017), the State Government, on recommendations of the Goods and services Tax Council, do hereby make the following rules further to amend the Odisha Goods and Services Tax Rules, 2017, namely:- 1. (1) These rules may be called the Odisha Goods and Services Tax (Twelfth Amendment) Rules, 2017. (2) Rules 4 and 6 shall be deemed to have come into force on the 23rd October, 2017. (3) Rules 1, 2, 3, 5, 7, 8, 9,10 and 11 shall come into force on the date of publication of these rules in the Odisha Gazette. 2. In the Odisha Goods and Services Tax Rules, 2017, (hereinafter referred to as the said rules), in rule 17, after sub-rule (1), the following sub-rule shall be inserted, namely:- (1A) The Unique Identity Number g

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, 2017 (13 of 2017), refund of input tax credit shall be granted as per the following formula – Refund Amount = (Turnover of zero-rated supply of goods + Turnover of zero-rated supply of services) x Net ITC ÷Adjusted Total Turnover. Where, – (A) "Refund amount" means the maximum refund that is admissible; (B) "Net ITC" means input tax credit availed on inputs and input services during the relevant period other than the input tax credit availed for which refund is claimed under sub-rules (4A) or (4B) or both; (C) "Turnover of zero-rated supply of goods" means the value of zero-rated supply of goods made during the relevant period without payment of tax under bond or letter of undertaking, other than the turnover of supplies in respect of which refund is claimed under sub-rules (4A) or (4B) or both; (D) "Turnover of zero-rated supply of services" means the value of zero-rated supply of services made without payment of tax under bond or lette

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the benefit of Finance Department notification No.30285-FIN-CT1-TAX-0043/2017/FIN., dated the 18th October, 2017, bearing S.R.O.No. 502/2017 dated the 18th October,2017 refund of input tax credit, availed in respect of other inputs or input services used in making zero-rated supply of goods or services or both, shall be granted. (4B) In the case of supplies received on which the supplier has availed the benefit of Finance Department notification No30640-FIN-CT1-TAX-0043/2017/FIN., dated the 23rd October, 2017, bearing S.R.O.No 510 dated the 23rd October, 2017 or notification No. 41/2017-Integrated Tax (Rate) dated the 23rd October, 2017, or both, refund of input tax credit, availed in respect of inputs received under the said notifications for export of goods and the input tax credit availed in respect of other inputs or input services to the extent used in making such export of goods, shall be granted. . 5. In the said rules, in rule 95, – (i) for sub-rule (1), the following sub-rule

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e benefit of Finance Department notification No. 30285 FIN-CT1-TAX-0043/2017, dated the 18th October, 2017, bearing S.R.O. No. 502/2017or Finance Department notification No. 30640-FINCT1-TAX-0043/2017, dated the 23rd October, 2017, bearing S.R.O. No. 510/2017 or notification No. 41/2017-Integrated Tax (Rate) dated 23rd October, 2017. ; 7. In the said rules, for FORM GST REG-10, the following Form shall be substituted, namely:- Form GST REG-10 [See rule 14(1)] Application for registration of person supplying online information and data base access or retrieval services from a place outside India to a person in India, other than a registered person. Part -A (i) Legal name of the person (ii) Tax identification number or unique number on the basis of which the entity is identified by the Government of that country (iii) Name of the Authorised Signatory (iv) Email Address of the Authorised Signatory (v) Name of the representative appointed in India, if any (a) Permanent Account Number of th

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e field values in the form 7 Declaration I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed therefrom. I, _ …………………………. hereby declare that I am authorised to sign on behalf of the Registrant. I would charge and collect tax liable from the non-assesse online recipient located in taxable territory and deposit the same with Government of India. Signature Name of Authorised Signatory: Place: Date: Designation: Note: Applicant will require to upload declaration (as per under mentioned format) along with scanned copy of the passport and photograph. List of documents to be uploaded as evidence are as follows:- 1. Proof of Place of Business of representative in India, if any: (a) For own premises – Any document in support of the ownership of the premises like Latest Property Tax Receipt or Municipal Khata copy

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Scanned copy of the first page of Bank passbook / one page of Bank Statement Opening page of the Bank Passbook held in the name of the Proprietor / Business Concern – containing the Account No., Name of the Account Holder, MICR and IFSC and Branch details. 4. Scanned copy of documents regarding appointment as representative in India, if applicable 5. Authorisation Form:- For Authorised Signatory mentioned in the application form, Authorisation or copy of Resolution of the Managing Committee or Board of Directors to be filed in the following format: Declaration for Authorised Signatory (Separate for each signatory) I (Managing Director/Whole Time Director/CEO or Power of Attorney holder) hereby solemnly affirm and declare that <<name of the authorised signatory>> to act as an authorised signatory for the business << Name of the Business>> for which application for registration is being filed/ is registered under the Central Goods and Service Tax Act, 2017. All h

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spect of which the centralized UIN is sought shall be substituted; and (ii) in the Instructions, for the words, Every person required to obtain a unique identity number shall submit the application electronically the words, Every person required to obtain a unique identity number shall submit the application electronically or otherwise shall be substituted. 9. In the said rules, for FORM GSTR-11, the following Form shall be substituted, namely:- Form GSTR -11 [See rule 82] Statement of inward supplies by persons having Unique Identification Number (UIN) Year Tax Period 1. UIN 2. Name of the person having UIN Auto populated 3. Details of inward supplies received (Amount in Rs. for all Tables) GSTIN of supplier Invoice/Debit Note/Credit Note details Rate Taxable value Amount of tax Place of Supply No Date Value Integrated tax Central Tax State/UT Tax CESS 1 2 3 4 5 6 7 8 9 10 11 3A. Invoices received 3B. Debit/Credit Note received Verification I hereby solemnly affirm and declare that th

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lt;DD/MM/YY> 6. Amount of Refund Claim : <INR><In Words> State Central Tax State /UT Tax Integrated Tax Cess Total 7. Details of Bank Account: a. Bank Account Number b. Bank Account Type c. Name of the Bank d. Name of the Account Holder/Operator e. Address of Bank Branch f. IFSC g. MICR 8. Verification I _______ as an authorised representative of << Name of Embassy/international organization >> hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed there from. That we are eligible to claim such refund as specified agency of UNO/Multilateral Financial Institution and Organization, Consulate or Embassy of foreign countries/ any other person/class of persons specified/ notified by the Government. Date: Signatory: Place: Signature of Authorised Name: Designation / Status Instructions : 1. Application for refund shall be filed on quarterly basis. 2. Table

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GST – States – 44/2017 – Dated:- 30-12-2017 – GOVERNMENT OF TELANGANA COMMERCIAL TAXES DEPARTMENT TGST Notification No. 44/2017 CCT s Ref No. A(1)/116/2017 Dt. 30-12-2017 Sub:- Extension of time limit for filing FORM GSTR-1 – Regarding In exercise of the powers conferred by the second proviso to sub-section (1) of Section 37 read with section 168 of the Telangana Goods and Services Tax Act, 2017 (23 of 2017) (hereafter in this notification referred to as the Act) and in supersession of notification No. 32/2017 – issued by Commissioner of State Tax dated the 17th November, 2017, except as respects things done or omitted to be done before such supersession, the Commissioner, on the recommendations of the Council, hereby extends the time limi

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GST – States – CT/GST-10/2017/080 (24/2017-GST) – Dated:- 30-12-2017 – GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR OFFICE OF THE COMMISSIONER OF STATE TAX :: ASSAM :: KAR BHAWAN NOTIFICATION No. 24/2017-GST The 30th December, 2017 No. CT/GST-10/2017/080.- In exercise of the powers conferred by the second proviso to sub-section (1) of section 37 of the Assam Goods and Services Tax Act, 2017 (Assam Act XXVII of 2017) (herein after in this notification referred to as the Act) and in supersession of notification No. 18/2017-GST dated the 15th November, 2017, published in the Assam Gazette, Extraordinary, vide number 662 dated the 15th November, 2017, except as respects things done or omitted to be done before such supersession, the Commissioner

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Goods and Services Tax – Restriction of refund – Recipient of goods under Deemed export scheme or under payment of tax @0.1% IGST (or @0.05 % CGST + @0.05 SGST) for use in export shall not be allowed

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Goods and Services Tax – Refund of tax to certain persons – Rule 95 as amended – TMI Updates – Highlights

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Goods and Services Tax – Refund of input tax credit – zero-rated supply of goods or services or both – Even the cases, where person supplying on Deemed export basis has paid the tax @0.1% IGST (or @0.

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Goods and Services Tax – Refund of input tax credit – zero-rated supply of goods or services or both – Even the recipient of Deemed Export Goods shall be eligible for refund – Rule 89 amended – See Sub-Rule 4A – TMI Updates – Highlights

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Goods and Services Tax – Refund of input tax credit in case of zero-rated supply of goods or services or both – Rule 89 amended – See Sub-Rule 4 – TMI Updates – Highlights

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Goods and Services Tax – Amendment of registration shall not be be effective from a date earlier than the date of submission of the application in FORM GST REG-14, except with specific permission – Ru

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Goods and Services Tax – Unique Identity Number assigned to to certain special entities shall be applicable to the territory of India – Rule 17 as amended – See Sub-Rule 1A – TMI Updates – Highlights

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Goods and Services Tax – Filing of Returns under GST- regarding – TMI Updates – Highlights

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Goods and Services Tax – The Central Goods and Services Tax (Fourteenth Amendment) Rules, 2017 – TMI Updates – Highlights

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Goods and Services Tax – Notifies the date (1st day of February, 2018) from which E-Way Bill Rules shall come into force – TMI Updates – Highlights

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Goods and Services Tax – Partially waiver of the late fee payable for failure to furnish the return in FORM GSTR-4 – TMI Updates – Highlights

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Goods and Services Tax – Extends the due dates for quarterly furnishing of FORM GSTR-1 for taxpayers with aggregate turnover of upto ₹ 1.5 crore – TMI Updates – Highlights

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Goods and Services Tax – Extends the due dates for monthly furnishing of FORM GSTR-1 for taxpayers with aggregate turnover of more than ₹ 1.5 crores – TMI Updates – Highlights

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Goods and Services Tax – Scheme of budgetary support for cash component of CGST and IGST for eligible industrial units for residual period in States of North Eastern region and Himalayan states – TMI Updates – Highlights

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Goods and Services Tax – GST – Dated:- 29-12-2017 – Q. Can a manufacturer who was not registered in excise take credit of goods on which he doesn't have duty paying documents i.e. Can he take deemed transitional credit? Ans. No, as per Section 140 of CGST Act. Q. We have accidently filed GST amount in wrong head. Filed under Cess. Can this be changed? Ans. A Circular detailing the procedure for manual filing of the application form for refund will be issued shortly. Or else, the amount paid

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Goods and Services Tax – GST – Dated:- 29-12-2017 – Pursuant to decision of the Cabinet Committee on Economic Affairs for grant of budgetary support equal to Central share of the cash component of CGST and IGST paid by the affected eligible industrial units for the residual period in the States of North Eastern region and Himalayan States, a scheme of budgetary support has been notified by the Department of Industrial policy and Promotion (DIPP) vide notification dated 05.10.2017 and can be acc

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Goods and Services Tax – Started By: – unni kv – Dated:- 29-12-2017 Last Replied Date:- 29-12-2017 – Dear Sir, We are in the Man Made Fabrics Manufacture and Exporter without Payment of Integerated Tax Exporting under LUT. We are regularly filed GSTR3B and GSTR1 filed till Oct 2017 and also applied for Refund of accumulated ITC through GST RFD-01A through portal till Oct. 2017. No refund received till date. We are get it done job works by sending our input like yarn, fabrics etc to outside agen

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Goods and Services Tax – Started By: – SAFETAB LIFESCIENCE – Dated:- 29-12-2017 Last Replied Date:- 1-1-2018 – Dear Experts, We have GST registration in Pondicherry (34) state. While travelling in Chennai, our Car registered in Company's name got break-down and repaired at Chennai. The repairer has given bill with CGST and SGST since the repair work place of supply is Chennai. Like wise, our employees visiting Mumbai to meet customers and staying in hotels there. They are giving SGST+CGST b

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 29-12-2017 – This piece captures some of the latest developments on GST front ranging from e-way bills, manual application for seeking advance ruling, steps in anti-profiteering, refund claims to issues like supply by artist etc. E-Way Bills Every registered person has to generate an e-way bill, when all of the following conditions satisfied- There is a movement of taxable goods (mentioned in annexure to the notification). The consignment value exceeds ₹ 50,000/- Such movement is in relation to a supply for reasons other than supply due to inward supply from un registered person. Information relating to said goods shall be furnished in Part A of e-way bill electronically on common portal. Any person or firm registered under GST can generate the e-way bill – including the transporter. Where the goods are supplied by an unregistered person to registered person then, the movement shall said to be caused by such recip

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transported by a non-motorised conveyance where the goods are being transported from the port, airport, air cargo complex and land customs station to an inland container depot or a container freight station for clearance by Customs. Important dates for E-way Bills DATE WHY IMPORTANT? 16.01.2018 The nationwide e-way Bill system will be ready to be rolled out on a trial basis latest by 16th January, 2018 Trade and transporters can start using this system on a voluntary basis from 16th January, 2018. 01.02.2018 The rules for implementation of nationwide e-way Bill system for inter-state movement of goods compulsorily will be notified. 01.06.2018 System for both inter-state and intra-state e-way bill generation will be ready by 16th January, 2018 The States may choose their own timings for implementation of e-way Bill for intra-state movement of goods on any date before 1st June, 2018. Advance Rulings Since online utility for advance rulings is still not there and GST is six months old now

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ant in quadruplicate, in FORM GST ARA-02 and shall be accompanied by a fee of ten thousand rupees to be deposited online, in the manner specified in section 49 of the CGST Act. It is reiterated that though the application shall be filed manually till the advance ruling module is made available on the common portal, the fee is required to be deposited online. The application for advance ruling or the appeal before the Appellate Authority shall be filed in the jurisdictional office of the respective State Authority for Advance Ruling or the State Appellate Authority for Advance Ruling respectively. Anti-profiteering Measures CBEC has issued procedure for filing applications to invoke anti-profiteering measures under GST law. CBEC has informed all stakeholders that if this is not done, the consumer's interest is protected by the National Anti-profiteering Authority which may order: (a) reduction in prices; (b) return of the amount not passed on with interest @18% to the recipient; (c)

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nment; (ii) refund of tax on the supply of goods regarded as deemed exports; and (iii) refund of balance in the electronic cash ledger. Refund claims in respect of zero-rated supplies and on account of inverted duty structure, deemed exports and excess balance in electronic cash ledger shall be filed for a tax period on a monthly basis in FORM GST RFD-01A.However, in case registered persons having aggregate turnover of up to ₹ 1.5 crore in the preceding financial year or the current financial year are opting to file FORM GSTR-1 quarterly (notification No. 57/2017-Central Tax dated 15.11.2017 refers), such persons shall apply for refund on a quarterly basis. Further, it is stated that the refund claim for a tax period may be filed only after filing the details in FORM GSTR-1 for the said tax period. It is also to be ensured that a valid return in FORM GSTR-3B has been filed for the last tax period before the one in which the refund application is being filed. Since the date of fur

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RM GST RFD-01A is required to be furnished for claiming refund on supplies declared as deemed exports. In case of refund claim for the balance amount in the electronic cash ledger, upon filing of FORM GST RFD-01A, the amount of refund claimed shall get debited in the electronic cash ledger. However, the drawback of all taxes under GST (Central Tax, Integrated Tax, State/Union Territory Tax) should not have been availed while claiming refund of accumulated ITC under section 54(3)(ii) of the CGST Act. Supply of Artist The artists give their work of art to galleries where it is exhibited for supply. There is a confusion regarding the treatment of this activity whether it is taxable in the hands of the artist when the same is given to the art gallery or at the time of actual supply by the gallery. The art work for supply on approval basis can be moved from the place of business of the registered person (artist) to another place within the same State or to a place outside the State on a del

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Goods and Services Tax – Started By: – HEMANTHREDDY ONTEDDU – Dated:- 29-12-2017 Last Replied Date:- 7-1-2018 – A buys cement for RS 100. Gets at cash discount of 10 if he pays in 5 days and some other unannounced discounts. A sold the at ₹ 80 A got cash discount. And also got some other unannounced discounts of RS 20. Can A get the gst refund for unannounced discounts. – Reply By KASTURI SETHI – The Reply = Discount is allowed from transaction value i.e. prior to payment of GST. It must

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GST – 71/2017 – Dated:- 29-12-2017 – Superseded vide Notification No. 43/2018 – Central Tax dated 10-09-2018 Government of India Ministry of Finance (Department of Revenue) [Central Board of Excise and Customs] Notification No. 71/2017 – Central Tax New Delhi, the 29th December, 2017 G.S.R. 1598 (E):- In exercise of the powers conferred by section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017), and in supersession of notification No. 57/2017 – Central Tax dated the 15th November, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1413 (E), dated the 15th November, 2017, except as respects things done or omitted to be done before such supersession, the Central Gov

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GST – 72/2017 – Dated:- 29-12-2017 – Superseded vide Notification No. 44/2018 – Central Tax dated 10-09-2018 Government of India Ministry of Finance (Department of Revenue) [Central Board of Excise and Customs] Notification No. 72/2017 – Central Tax New Delhi, the 29th December, 2017 G.S.R. 1599 (E):- In exercise of the powers conferred by the second proviso to sub-section (1) of section 37 read with section 168 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter in this notification referred to as the Act) and in supersession of notification No. 58/2017 – Central Tax dated the 15th November, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1414 (E), dated

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