Frequently Asked Questions – GST

Goods and Services Tax – GST – Dated:- 12-12-2017 – Q. Several amendments have been made to CGST Rules. It is confusing to comprehend all notifications. Please guide. Ans. Comprehensive document of rules available at – http://www.cbec.gov.in/resources//htdocs-cbec/gst/cgst-rules-15112017.pdf Q. I am representative of OIDAR. Do I have separate provision for invoicing? Ans. No. Invoicing needs to be done as per rule 46 of CGST rules. Q. What is the period of OIDAR return filling? Ans. Monthly. Re

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Submission of GSTR-1

Goods and Services Tax – Started By: – Manish Sulakshane – Dated:- 12-12-2017 Last Replied Date:- 13-12-2017 – Dear Sir, Following is the Query – when filing of GSTR-1 Return Error! GSTR-1 Save/action on Counterparty Invoices/Submit are not allowed for current date. What is the solution – Reply By KASTURI SETHI – The Reply = It means filing is still not allowed by Common Portal System. It is not error on your part but matter of timing. Wait for the opening of the provision for this purpose in t

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GST UPDATE ON ADMISSIBILITY OF CREDIT ON RETENTION MONEY

Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 12-12-2017 Last Replied Date:- 13-12-2017 – In normal parlance, there are cases where the service recipient retains a certain portion of payments to be made to the service provider. The amount so retained is paid to the service provider only after the provision of service is complete. This update seeks to take an insight into various provisions for ascertaining whether the credit will be allowed of the GST portion pertaining to the said retention money. Before Point of Taxation Rules, 2011 were introduced, service tax was payable on receipt basis. Therefore, cenvat credit of the service tax paid was allowed upon partial payment along with service tax, on the basis of invoice raise

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money. One school of thoughts is of opinion that the entire credit will be disallowed even if some amount of bill is not paid while other school of thoughts claim that only proportionate credit will be disallowed as pertaining to the amount not paid. While there are some experts who are of the view that the entire credit will be allowed even if some part of the bill is not paid to the supplier. In this regard, the admissibility of ITC is determined by section 16 of CGST Act, 2017. Second proviso to section 16(2) reads as follows:- Provided further that where a recipient fails to pay to the supplier of goods or services or both, other than the supplies on which tax is payable on reverse charge basis, the amount towards the value of supply a

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be allowed even if some portion of bill is retained as the amount of GST is totally paid and the supplier has also paid the GST to the government exchequer when the invoice was raised. However, if this view is considered, the very basic purpose of this proviso will be defeated as the GST will be paid in every case. It is worthwhile to mention here that the return cannot be filed unless the tax is paid. Therefore, if this contention is accepted, there was no need of drafting this proviso at all. Therefore, in our view, the interpretation that only the proportionate credit should be reversed seems justified; all the other interpretations does not commensurate with the intention of the law makers. The content of this GST update is for educatio

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Advance ruling under GST

Goods and Services Tax – GST – By: – CA Venkata prasad Pasupuleti – Dated:- 12-12-2017 – What is Advance ruling? Advance ruling means a decision/ruling given to the applicant by the constituted authority on the matters relating GST provisions like registration requirement, exemptions, classification, valuation, ITC etc. Unlike old Central indirect taxes (Central Excise, service tax) wherein ruling can be sought only on proposed transactions, GST laws provide an advance ruling on all types of transactions whether it is proposed or already occurred. For this purpose, each state would constitute Authority of Advance Ruling (AAR) . Many of the states have already constituted the benches. The details of the bench along with communication addresses can be accessed from this link http://www.gstcouncil.gov.in/sites/default/files/Details-of-AAR-as-on_22-11-2017.pdf Who can apply (persons eligible?) Unlike old laws which this facility to specified persons, GST law made available this facility t

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facility of the filing online is not made available. Hence, applications shall be filed manually with the corresponding bench of the advance ruling. On receipt of an application, the AAR shall send a copy of the application to the jurisdictional officer and call for all relevant records. AAR shall grant an opportunity of hearing to the applicant as well as department representative for examining the admissibility of the application. Thereafter, AAR passes an order either admitting or rejecting the application If the application is rejected, it should be by way of a speaking order giving the reasons for rejection. If the application is admitted, the AAR shall pronounce its ruling within 90 days of receipt of application. Here again, an opportunity of hearing to the applicant as well as department representative shall be given while arriving the ruling on the questions/matters specified in the application Application for advance ruling will not be admitted in cases where the question rai

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xtended period of 30 days which AAAR has the power to condone the delay) are expired, the appeal remedy may lose. In this regard, the rationale of the Hon ble Supreme court decision in case of Singh Enterprises v. Commissioner – 2007 (12) TMI 11 – SUPREME COURT OF INDIA . Only the remedy available is approaching the High court for invocation of the extraordinary jurisdiction under Article 226 of the Constitution of India. Panoli Intermediate (India) Pvt. Ltd. v. Union of India – 2015 (7) TMI 303 – GUJARAT HIGH COURT The Appellate Authority must pass an order after hearing the parties to the appeal within 90 days of the filing of an appeal. If members of AAAR differ on any point referred to in appeal, it shall be deemed that no advance ruling is issued in respect of the question under appeal. Other points to be noted: An advance ruling pronounced by AAR or AAAR shall be binding only on the applicant and on the concerned officer or the jurisdictional officer in respect of the applicant.

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ng the applicant. Few decisions under the old laws that are relevant under GST also: Merely because another subsidiary is carrying out the same activity and its case is pending with any officer, another subsidiary will not become ineligible to obtain AR in relation to the same question. – IN RE: A. TEX (INDIA) PVT. LTD. 2004 (3) TMI 100 – AUTHORITY FOR ADVANCE RULINGS ; GSPL India Transco Ltd. v. Union of India – 2012 (8) TMI 753 – Gujarat High Court Advance Ruling cannot be sought on a question based on a circular issued by Board as a circular is not a notification. IN RE: Jason James Clemens 2004 (11) TMI 5 – AAR (New Delhi) While undoubtedly ruling given in a particular case binding only in respect of reported transaction of the concerned applicant with concerned departmental officers, nevertheless said ruling can have persuasive value in other cases. Columbia Sportswear Company v. Director of Income Tax – 2012 (8) TMI 105 – SUPREME COURT ; In Re: T.T. Recycling Management India Pvt

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Extension of time to file GSTR-1 quaterly

GST – States – 57/2017-State Tax – Dated:- 12-12-2017 – FINANCE (REVENUE-1) DEPARTMENT NOTIFICATION No. 57/2017-State Tax Delhi, the 12th December, 2017 No. F. 3(70)/Fin(Rev-1)/2017-18/DS-VI/808.-In exercise of the powers conferred by section 148 of the Delhi Goods and Services Tax Act, 2017 (Delhi Act 03 of 2017) , the Lt. Governor of the National Capital Territory of Delhi, on the recommendations of the Council, notifies the registered persons having aggregate turnover of upto 1.5 crore rupees in the preceding financial year or the current financial year, as the class of registered persons who shall follow the special procedure as detailed below for furnishing the details of outward supply of goods or services or both. 2. The said person

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Exemption from SGST supplies by CSD to Unit Run Canteens and supplies by CSD / Unit Run Canteens to authorised customers notified under section 11 (1).

GST – States – G.O.MS.No. 584 – Dated:- 12-12-2017 – GOVERNMENT OF ANDHRA PRADESH – REVENUE (COMMERCIAL TAXES-II) DEPARTMENT G.O.MS.No. 584 Dated: 12-12-2017 Read the following: NOTIFICATION In exercise of the powers conferred by sub-section (1) of section 11 of the Andhra Pradesh Goods and Services Tax Act, 2017 (Act 16 of 2017), the Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Goods and Services Tax Council, exempts, supplies of goods, the description of which is specified in column (3) of the table below, falling under the tariff item, subheading, heading or Chapter, as the case may be, as specified in the corresponding entry in column (2), from the whole of the State

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To notify the exemptions on supply of services under SGST Act [Section 11(1)]

GST – States – G.O.MS.No. 588 – Dated:- 12-12-2017 – GOVERNMENT OF ANDHRA PRADESH REVENUE (COMMERCIAL TAXES-II) DEPARTMENT G.O.Ms.No.588, Dated:12-12-2017. Read the following: NOTIFICATION In exercise of the powers conferred by sub-section (1) of section 11 of the Andhra Pradesh Goods and Services Tax Act, 2017 (16 of 2017), the Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Goods and Services Tax Council, exempts the intra-State supply of services of description as specified in column (3) of the Table below from so much of the State tax leviable thereon under sub-section (1) of section 9 of the said Act, as is in excess of the said tax calculated at the rate as specified in the corresponding entry in column (4) of the said Table, unless specified otherwise, subject to the relevant conditions as specified in the corresponding entry in column (5) of the said Table, namely:- 2. This notification shall be deemed to have

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y, local authority or governmental authority by way of any activity in relation to any function entrusted to a municipality under article 243 W of the Constitution. Nil Nil 5 Chapter 99 Services by a governmental authority by way of any activity in relation to any function entrusted to a Panchayat under article 243G of the Constitution. Nil Nil 6 Chapter 99 Services by the Central Government, State Government, Union territory or local authority excluding the following services- (a) services by the Department of Posts by way of speed post, express parcel post, life insurance, and agency services provided to a person other than the Central Government, State Government, Union territory; (b) services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport; (c) transport of goods or passengers; or (d) any service, other than services covered under entries (a) to (c) above, provided to business entities. Nil Nil 7 Chapter 99 Services provided by the Ce

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t nothing contained in this entry shall apply to services- (i) by the Department of Posts by way of speed post, express parcel post, life insurance, and agency services provided to a person other than the Central Government, State Government, Union territory; (ii) in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport; (iii) of transport of goods or passengers. Nil Nil 9 Chapter 99 Services provided by Central Government, State Government, Union territory or a local authority where the consideration for such services does not exceed five thousand rupees: Provided that nothing contained in this entry shall apply to- (i) services by the Department of Posts by way of speed post, express parcel post, life insurance, and agency services provided to a person other than the Central Government, State Government, Union territory; (ii) services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport; (iii) transport

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otherwise than as a part of a residential complex. Nil Nil 12 Heading 9963 or Heading 9972 Services by way of renting of residential dwelling for use as residence. Nil Nil 13 Heading 9963 or Heading 9972 or Heading 9995 or any other Heading of Section 9 Services by a person by way of- (a) conduct of any religious ceremony; (b) renting of precincts of a religious place meant for general public, owned or managed by an entity registered as a charitable or religious trust under section 12AA of the Income-tax Act, 1961(hereinafter referred to as the Income-tax Act) or a trust or an institution registered under sub clause (v) of clause (23C) of section 10 of the Income-tax Act or a body or an authority covered under clause (23BBA) of section 10 of the said Income-tax Act: Provided that nothing contained in entry (b) of this exemption shall apply to,- (i) renting of rooms where charges are one thousand rupees or more per day; (ii) renting of premises, community halls, kalyanmandapam or open

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l Government, by way of transport of passengers with or without accompanied belongings, by air, embarking from or terminating at a regional connectivity scheme airport, against consideration in the form of viability gap funding: Provided that nothing contained in this entry shall apply on or after the expiry of a period of one year from the date of commencement of operations of the regional connectivity scheme airport as notified by the Ministry of Civil Aviation. Nil Nil 17 Heading 9964 Service of transportation of passengers, with or without accompanied belongings, by- (a) railways in a class other than- (i) first class; or (ii) an air-conditioned coach; (b) metro, monorail or tramway; (c) inland waterways; (d) public transport, other than predominantly for tourism purpose, in a vessel between places located in India; and (e) metered cabs or auto rickshaws (including e-rickshaws). Nil Nil 18 Heading 9965 Services by way of transportation of goods- (a) by road except the services of-

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in a single carriage does not exceed one thousand five hundred rupees; (c) goods, where consideration charged for transportation of all such goods for a single consignee does not exceed rupees seven hundred and fifty; (d) milk, salt and food grain including flour, pulses and rice; (e) organic manure; (f) newspaper or magazines registered with the Registrar of Newspapers; (g) relief materials meant for victims of natural or man-made disasters, calamities, accidents or mishap; or (h) defence or military equipments. Nil Nil 22 Heading 9966 or Heading 9973 Services by way of giving on hire – (a) to a state transport undertaking, a Heading 9973 motor vehicle meant to carry more than twelve passengers; or (b) to a goods transport agency, a means of transportation of goods. Nil Nil 23 Heading 9967 Service by way of access to a road or a bridge on payment of toll charges. Nil Nil 24 Heading 9967 or Heading 9985 Services by way of loading, unloading, packing, storage or warehousing of rice Nil

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ce Funds to members of the Army, Navy and Air Force, respectively, under the Group Insurance Schemes of the Central Government. Nil Nil 30 Heading 9971 or Heading 9991 Services by the Employees State Insurance Corporation to persons governed under the Employees State Insurance Act, 1948 (Act 34 of 198) Nil Nil 31 Heading 9971 Services provided by the Employees Provident Fund Organisation to the persons governed under the Employees Provident Funds and the Miscellaneous Provisions Act, 1952 (Act 19 of 1952) Nil Nil 32 Heading 9971 Services provided by the Insurance Regulatory and Development Authority of India to insurers under the Insurance Regulatory and Development Authority of India Act, 1999 (Act 41 of 19999) Nil Nil 33 Heading 9971 Services provided by the Securities and Exchange Board of India set up under the Securities and Exchange Board of India Act, 1992 (Act 15 of 1992) by way of protecting the interests of investors in securities and to promote the development of, and to reg

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on export credit insurance; (h) Weather Based Crop Insurance Scheme or the Modified National Agricultural Insurance Scheme, approved by the Government of India and implemented by the Ministry of Agriculture; (i) Jan Arogya Bima Policy; (j) National Agricultural Insurance Scheme (Rashtriya Krishi Bima Yojana); (k) Pilot Scheme on Seed Crop Insurance; (l) Central Sector Scheme on Cattle Insurance; (m) Universal Health Insurance Scheme; (n) Rashtriya Swasthya Bima Yojana; (o) Coconut Palm Insurance Scheme; (p) Pradhan Mantri Suraksha BimaYojna; (q) Niramaya Health Insurance Scheme implemented by the Trust constituted under the provisions of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999). Nil Nil 36 Heading 9971 or Heading 9991 Services of life insurance business provided under following schemes- (a) Janashree Bima Yojana; (b) Aam Aadmi Bima Yojana; (c) Life micro-insurance product as approved

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71 or Heading 9991 Services provided to the Central Government, State Government, Union territory under any insurance scheme for which total premium is paid by the Central Government, State Government, Union territory. Nil Nil 41 Heading 9972 One time upfront amount (called as premium, salami, cost, price, development charges or by any other name) leviable in respect of the service, by way of granting long term (thirty years, or more) lease of industrial plots, provided by the State Government Industrial Development Corporations or Undertakings to industrial units. Nil Nil 42 Heading 9973 or Heading 9991 Services provided by the Central Government, State Government, Union territory or local authority by way of allowing a business entity to operate as a telecom service provider or use radio frequency spectrum during the period prior to the 1st April, 2016, on payment of licence fee or spectrum user charges, as the case may be. Nil Nil 43 Heading 9973 Services of leasing of assets (rolli

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person other than a business entity; or (iii) a business entity with an aggregate turnover up to twenty lakh rupees (ten lakh rupees in thecase of special category states) in the preceding financial year; (c) a senior advocate by way of legal services to- (i) any person other than a business entity; or (ii) a business entity with an aggregate turnover up to twenty lakh rupees (ten lakh rupees in the case of special category states) in the preceding financial year. Nil Nil 46 Heading 9983 Services by a veterinary clinic in relation to health care of animals or birds. Nil Nil 47 Heading 9983 or Heading 9991 Services provided by the Central Government, State Government, Union territory or local authority by way of- (a) registration required under any law for the time being in force; (b) testing, calibration, safety check or certification relating to protection or safety of workers, consumers or public at large, including fire license, required under any law for the time being in force. N

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rvices by an organiser to any person in respect of a business exhibition held outside India. Nil Nil 53 Heading 9985 Services by way of sponsorship of sporting events organised – (a) by a national sports federation, or its affiliated federations, where the participating teamsor individuals represent any district, State, zone or Country; (b) by Association of Indian Universities, Inter-University Sports Board, School Games Federation of India, All India Sports Council for the Deaf, Paralympic Committee of India or Special Olympics Bharat; (c) by the Central Civil Services Cultural and Sports Board; (d) as part of national games, by the Indian Olympic Association; or (e) under the Panchayat Yuva Kreeda Aur Khel Abhiyaan Scheme. Nil Nil 54. Heading 9986 Services relating to cultivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other similar products or agricultural produce by way of- (a) agricultural operations

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ltivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other similar products or agricultural produce. Nil Nil 56 Heading 9988 Services by way of slaughtering of animals. Nil Nil 57 Heading 9988 or any other Heading of Section 8 and Section 9 Services by way of pre-conditioning, pre- cooling, ripening, waxing, retail packing, labelling of fruits and vegetables which do not change or alter the essential characteristics of the said fruits or vegetables. Nil Nil 58 Heading 9988 or Heading 9992 Services provided by the National Centre for Cold Chain Development under the Ministry of Agriculture, Cooperation and Farmer s Welfare by way of cold chain knowledge dissemination. Nil Nil 59 Heading 9999 Services by a foreign diplomatic mission located in India. Nil Nil 60 Heading 9991 Services by a specified organisation in respect of a religious pilgrimage facilitated by the Ministry of External Affairs, the Government o

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ing 9991 or Heading 9973 Services provided by the Central Government, State Government, Union territory or local authority by way of assignment of right to use any natural resource where such right to use was assigned by the Central Government, State Government, Union territory or local authority before the 1st April, 2016: Provided that the exemption shall apply only to tax payable on one time charge payable, in full upfront or in installments, for assignment of right to use such natural resource. Nil Nil 65 Heading 9991 Services provided by the Central Government, State Government, Union territory by way of deputing officers after office hours or on holidays for inspection or container stuffing or such other duties in relation to import export cargo on payment of Merchant Overtime charges. Nil Nil 66 Heading 9992 Services provided – (a) by an educational institution to its students, faculty and staff; (b) to an educational institution, by way of,- (i) transportation of students, facu

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the Indian Institute of Management; (b) fellow programme in Management; (c) five year integrated programme in Management. Nil Nil 68 Heading 9992 or Heading 9996 Services provided to a recognised sports body by- (a) an individual as a player, referee, umpire, coach or team manager for participation in a sporting event organized by a recognized sports body; (b) another recognised sports body. Nil Nil 69 Heading 9992 or Heading 9983 or Heading 9991 Any services provided by, _ (a) the National Skill Development Heading 9983 Corporation set up by the Government of India; (b) a Sector Skill Council approved by the National Skill Development Corporation; (c) an assessment agency approved by the Sector Skill Council or the National Skill Development Corporation; (d) a training partner approved by the National Skill Development Corporation or the Sector Skill Council, in relation to- (i) the National Skill Development Programme implemented by the National Skill Development Corporation; or (ii)

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t, State Government, Union territory administration. Nil Nil 73 Heading 9993 Services provided by the cord blood banks by way of preservation of stem cells or any other service in relation to such preservation. Nil Nil 74 Heading 9993 Services by way of- (a) health care services by a clinical establishment, an authorised medical practitioner or para-medics; (b) services provided by way of transportation of a patient in an ambulance, other than those specified in (a) above. Nil Nil 75 Heading 9994 Services provided by operators of the common bio-medical waste treatment facility to a clinical establishment by way of treatment or disposal of bio-medical waste or the processes incidental thereto. Nil Nil 76 Heading 9994 Services by way of public conveniences such as provision of facilities of bathroom, washrooms, lavatories, urinal or toilets. Nil Nil 77 Heading 9995 Service by an unincorporated body or a non- profit entity registered under any law for the time being in force, to its own m

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or (b) sports by charitable entities registered under section 12AA of the Income-tax Act. Nil Nil 81 Heading 9996 Services by way of right to admission to- (a) circus, dance, or theatrical performance including drama or ballet; (b) award function, concert, pageant, musical performance or any sporting event o ther than a recognised sporting event; (c) recognised sporting event, where the consideration for admission is not more than ₹ 250 per person as referred to in (a), (b) and (c) above. Nil Nil 3. Definitions. – For the purposes of this notification, unless the context otherwise requires, – (a) advertisement means any form of presentation for promotion of, or bringing awareness about, any event, idea, immovable property, person, service, goods or actionable claim through newspaper, television, radio or any other means but does not include any presentation made in person; (b) advocate has the same meaning as assigned to it in clause (a) of sub-section (1) of section 2 of the Adv

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ion 2 of the Airports Authority of India Act, 1994 (55 of 1994.); (h) approved vocational education course means, – (i) a course run by an industrial training institute or an industrial training centre affiliated to the National Council for Vocational Training or State Council for Vocational Training offering courses in designated trades notified under the Apprentices Act, 1961 (52 of 1961); or (ii) a Modular Employable Skill Course, approved by the National Council of Vocational Training, run by a person registered with the Directorate General of Training, Ministry of Skill Development and Entrepreneurship; (i) arbitral tribunal has the same meaning as assigned to it in clause (d) of section 2 of the Arbitration and Conciliation Act, 1996 (26 of 1996); (j) authorised dealer of foreign exchange shall have the same meaning assigned to Authorised person in clause (c) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999); (k) authorised medical practitioner means a medica

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city Authority means the authority constituted under section 3 of the Electricity (Supply) Act, 1948 (54 of 1948); (q) Central Transmission Utility shall have the same meaning as assigned to it in clause (10) of section 2 of the Electricity Act, 2003 (36 of 2003); (r) charitable activities means activities relating to – (i) public health by way of ,- (A) care or counseling of (I) terminally ill persons or persons with severe physical or mental disability; (II) persons afflicted with HIV or AIDS; (III) persons addicted to a dependence-forming substance such as narcotics drugs or alcohol; or (B) public awareness of preventive health, family planning or prevention of HIV infection; (ii) advancement of religion, spirituality or yoga; (iii) advancement of educational programmes or skill development relating to,- (A) abandoned, orphaned or homeless children; (B) physically or mentally abused and traumatized persons; (C) prisoners; or (D) persons over the age of 65 years residing in a rural a

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section 2 of the Customs Act, 1962 (52 of 1962); (w) declared tariff includes charges for all amenities provided in the unit of accommodation (given on rent for stay) like furniture, air-conditioner, refrigerators or any other amenities, but without excluding any discount offered on the published charges for such unit; (x) distributor or selling agent means an individual or a firm or a body corporate or other legal entity under law so appointed by the Organising State through an agreement to market and sell lotteries on behalf of the Organising State; (y) educational institution means an institution providing services by way of,- (i) pre-school education and education up to higher secondary school or equivalent; (ii) education as a part of a curriculum for obtaining a qualification recognised by any law for the time being in force; (iii) education as a part of an approved vocational education course; (z) electricity transmission or distribution utility means the Central Electricity Aut

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he same meaning as assigned to it in clause (14) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988); (ze) goods transport agency means any person who provides service in relation to transport of goods by road and issues consignment note, by whatever name called; (zf) governmental authority has the same meaning as assigned to it in the Explanation to clause (16) of section 2 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017); (zg) health care services means any service by way of diagnosis or treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognised system of medicines in India and includes services by way of transportation of the patient to and from a clinical establishment, but does not include hair transplant or cosmetic or plastic surgery, except when undertaken to restore or to reconstruct anatomy or functions of body affected due to congenital defects, developmental abnormalities, injury or trauma; (zh) incubatee means an entre

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milar right or obligation) but does not include any service fee or other charge in respect of the moneys borrowed or debt incurred or in respect of any credit facility which has not been utilised; (zl) intermediary has the same meaning as assigned to it in sub-section (13) of section 2 of the Integrated Goods and Services Tax Act, 2017; (zm) legal service means any service provided in relation to advice, consultancy or assistance in any branch of law, in any manner and includes representational services before any court, tribunal or authority; (zn) life insurance business has the same meaning as assigned to it in clause (11) of section 2 of the Insurance Act, 1938 (4 of 1938); (zo) life micro-insurance product shall have the same meaning as assigned to it in clause (e) of regulation 2 of the Insurance Regulatory and Development Authority (Micro-insurance) Regulations, 2005; (zp) metered cab means any contract carriage on which an automatic device, of the type and make approved under th

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as defined in sub-section (1) of section 1 of the Press and Registration of Books Act, 1867 (25 of 1867), but does not include business directories, yellow pages and trade catalogues which are primarily meant for commercial purposes; (ii) newspaper as defined in sub-section (1) of section 1 of the Press and Registration of Books Act, 1867 (25 of 1867); (zu) port has the same meaning as assigned to it in clause (q) of section 2 of the Major Port Trusts Act, 1963 (38 of 1963) or in clause (4) of section 3 of the Indian Ports Act, 1908 (15 of 1908); (zv) radio taxi means a taxi including a radio cab, by whatever name called, which is in two-way radio communication with a central control office and is enabled for tracking using the Global Positioning System or General Packet Radio Service; (zw) recognised sporting event means any sporting event,- (i) organised by a recognised sports body where the participating team or individual represent any district, state, zone or country; (ii) organis

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the International Olympic Association; or (vi) a federation or a body which regulates a sport at international level and its affiliated federations or bodies regulating a sport in India; (zy) religious place means a place which is primarily meant for conduct of prayers or worship pertaining to a religion, meditation, or spirituality; (zz) renting in relation to immovable property means allowing, permitting or granting access, entry, occupation, use or any such facility, wholly or partly, in an immovable property, with or without the transfer of possession or control of the said immovable property and includes letting, leasing, licensing or other similar arrangements in respect of immovable property; (zza) Reserve Bank of India means the bank established under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934); (zzb) residential complex means any complex comprising of a building or buildings, having more than one single residential unit; (zzc) rural area means the area compri

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clause (40) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988); (zzi) State Electricity Board means the Board constituted under section 5 of the Electricity (Supply) Act, 1948 (54 of 1948); (zzj) State Transmission Utility shall have the same meaning as assigned to it in clause (67) of section 2 of the Electricity Act, 2003 (36 of 2003); (zzk) state transport undertaking has the same meaning as assigned to it in clause (42) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988); (zzl) tiger reserve has the same meaning as assigned to it in clause (e) of section 38K of the Wild Life (Protection) Act, 1972 (53 of 1972); (zzm) tour operator means any person engaged in the business of planning, scheduling, organizing, arranging tours (which may include arrangements for accommodation, sightseeing or other similar services) by any mode of transport, and includes any person engaged in the business of operating tours; (zzn) "trade union" has the same meaning as assigned to

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EXEMPTION FROM PAYMENT OF TAX UNDER SECTION 9(4) OF THE SGST ACT, 2017 TILL 31-03-2018.

GST – States – G.O.Ms.No. 596 – Dated:- 12-12-2017 – REVENUE DEPARTMENT (COMMERCIAL TAXES-II) [G.O.Ms.No. 596, Revenue (Commercial Taxes-II), 12th December, 2017.] NOTIFICATION In exercise of the powers conferred by sub-section (1) of Section 11 of the Andhra Pradesh Goods and Services Tax Act, 2017 (16 of 2017), the Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Goods and Services Tax Council, make the following amendment to t

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2.5% Concessional SGST Rate For Supplies To Explorataion And Production Notified Under Section 11 (1).

GST – States – G.O.Ms.No. 583 – Dated:- 12-12-2017 – REVENUE DEPARTMENT (COMMERCIAL TAXES-II) [G.O.Ms.No.583, Revenue (Commercial Taxes-II), 12th December, 2017.] NOTIFICATION In exercise of the powers conferred by sub-section (1) of Section 11 of the Andhra Pradesh Goods and Services Tax Act, 2017 (Act 16 of 2017), the Government, being satisfied that it is necessary in the public interest so to do, on the recommendations of the Goods and Services Tax Council, exempts intra-State supplies of goods, the description of which is specified in column (3) of the Table below read with relevant List appended hereto and falling under the tariff item, sub-heading, heading or Chapter, as the case may be, as specified in the corresponding entry in column (2) of the said Table, from so much of the State tax leviable thereon under Section 9 of the said Act, as is in excess of the amount calculated at the rate specified in the corresponding entry in column (4) of the said Table and subject to the r

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der specified contracts under the Coal Bed Methane Policy. 2.5% 1 Specified in the annexure ANNEXURE Condition No. Conditions 1. If,- (a) the goods are supplied to,- (i) the Oil and Natural Gas Corporation or Oil India Limited (hereinafter referred to as the licensee ) or a sub-contractor of the licensee and in each case in connection with petroleum operations to be undertaken under petroleum exploration licenses or mining leases, as the case may be, granted by the Government of India or any State Government on nomination basis; or (ii) an Indian Company or Companies, a Foreign Company or Companies, or a consortium of an Indian Company or Companies and a Foreign Company or Companies (hereinafter referred to as the contractor ) or a sub-contractor of the contractor and in each case in connection with petroleum operations to be undertaken under a contract with the Government of India; or (iii) an Indian Company or Companies, a Foreign Company or Companies, or a consortium of an Indian Co

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, a certificate from a duly authorised officer of the Directorate General of Hydro Carbons in the Ministry of Petroleum and Natural Gas, Government of India, to the effect that the goods are required for petroleum operations referred to in sub-clause (i) of clause (a); (ii) is a contractor, he produces to the Deputy Commissioner of Central tax or the Assistant Commissioner of Central tax or the Deputy Commissioner of State tax or the Assistant Commissioner of State tax, as the case may be, having jurisdiction over the supplier of goods, at the time of outward supply of goods, a certificate from a duly authorised officer of the Directorate General of Hydro Carbons in the Ministry of Petroleum and Natural Gas, Government of India, to the effect that the goods are required for (A) petroleum operations referred to in sub-clause (ii) of clause (a) under the contract referred to in that sub-clause, or (B) petroleum operations or coal bed methane operations referred to in sub-clause (iii) of

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eferred to in sub-clause (ii) of clause (a) under the contract referred to in that sub-clause and containing, the name of such sub- contractor, or (C) petroleum operations or coal bed methane operations, as the case may be, referred to in sub- clause (iii) of clause (a) under a contract signed under the New Exploration Licensing Policy or the Coal Bed Methane Policy or the Marginal Field Policy, as the case may be, and containing the name of such sub-contractor; (ii) an affidavit to the effect that such sub-contractor is a bona-fide sub-contractor of the licensee or lessee or contractor, as the case may be; (iii) an undertaking from such licensee or lessee or contractor, as the case may be, binding him to pay any tax, fine or penalty that may become payable, if any of the conditions of this entry are not complied with by such sub-contractor or licensee or lessee or contractor, as the case may be; (d) where the goods so supplied to the licensee or a sub-contractor of the licensee, or th

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or mining leases referred to in sub-clause (i) of clause (a), or (B) petroleum operations to be undertaken under a contract referred to in sub-clause (ii) of clause (a), or (C) petroleum operations or coal bed methane operations, as the case may be, to be undertaken under a contract referred to in sub-clause (iii) of clause (a) (ii) undertaking from the transferee to comply with all the conditions of this entry, including that he shall pay tax, fine or penalty that may become payable, if any of the conditions of this entry are not complied with by himself, where he is the licensee/ contractor or by the licensee/ contractor of the transferee where such transferee is a sub-contractor; (iii) a certificate,- (A) in the case of a petroleum exploration license or mining lease, as the case may be, granted by the Government of India or any State Government on nomination basis, that no foreign exchange remittance is made for the transfer of such goods undertaken by the transferee on behalf of t

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ntral tax or the Deputy Commissioner of State tax or the Assistant Commissioner of State tax, as the case may be, having jurisdiction over the supplier of goods, a certificate from a duly authorised officer of the Directorate General of Hydro Carbons in the Ministry of Petroleum and Natural Gas, Government of India, to the effect that the said goods are no longer required for the petroleum operations or coal bed methane operations, and the depreciated value of the goods shall be equal to the original value of the goods at the time of import reduced by the percentage points calculated by straight line method as specified below for each quarter of a year or part thereof from the date of clearance of the goods, namely:- (i) for each quarter in the first year at the rate of 4 per cent.; (ii) for each quarter in the second year at the rate of 3 per cent.; (iii) for each quarter in the third year at the rate of 2.5 per cent.; and (iv) for each quarter in the fourth year and subsequent years

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ne ship equipment including water maker, DP system and Diving system. (5) All types of equipment/ units for specialised services like diving, cementing, logging, casing repair, production testing, simulation and mud services, oil field related lab equipment, reservoir engineering, geological equipment, directional drilling, stimulation, Coil Tubing units, Drill Stem Testing (DST), data acquisition and processing, solids control, fishing (as related to downhole retrieval in oil field operations or coal bed methane operations), well control, blowout prevention(BOP), pipe inspection including Non Destructive Testing, coring, gravel pack, well completion and workover for oil/gas/CBM wells including wireline and downhole equipment. (6) All types of casing pipes, drill pipes, production tubing, pup joints, connections, coupling, kelly, cross overs and swages, Drive Pipes. (7) All types of drilling bits, including nozzles, breakers and related tools. (8) All types of oil field chemicals or co

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oil tankers to be used for oil storage and connected equipment, Tanks used for storage of oil, condensate, coal bed methane, water, mud, chemicals and related materials. (13) All types of fully equipped vessels and other units /equipment required for pollution control, fire prevention, fire fighting, safety items like Survival Craft, Life Raft, fire and gas detection equipment, including H2S monitoring equipment. (14) Mobile and skid mounted pipe laying, pipe testing and pipe inspection equipment. (15) All types of valves including high pressure valves. (16) Communication equipment required for petroleum or coal bed methane operations including synthesized VHF Aero and VHF multi channel sets/ VHF marine multi channel sets. (17) Non-directional radio beacons, intrinsically safe walkie-talkies, directional finders, EPIRV, electronic individual security devices including electronic access control system. (18) Specialized antenna system, simplex telex over radio terminals, channel micro wa

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Peculiar Problem – GST on Works Contract Services

Goods and Services Tax – Started By: – Sanjeev Chawla – Dated:- 11-12-2017 Last Replied Date:- 10-12-2018 – Sir, We are Contractors providing Works Contract Services to sub-divisions of a Local Authority / Municipality (let's call it ABC). ABC is registered under GST and has a valid GST number. Its sub-divisions (let s call it EE) to which we actually provide such Works Contract Services are NOT registered under GST. Balance Payments have been received from EE for works completed/executed before 01.07.2017 in the months of October-November 2017. DVAT/Service Tax had not been paid for such works completed / executed before 01.07.2017. We had charged GST @ 18% on balance payments of such outward supplies (i.e. Works Contract Services sup

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d that they will not pay any GST on such Works Contract Services supplied prior to 01.07.2017. Option to revise GSTR 3B for month of October 2017 is not available. And we have not yet filed our GSTR 3B for the month of November 2017. If we file GSTR 1 for October & November 2017 with invoice details issued to ABC, we will be at a huge loss since we will be paying GST on outward supplied from our own pocket and ABC will profit from same after claiming ITC of same and also recovering already paid GST from us. How should I file GSTR 1 for the month of October 2017 as I no longer have GST received on outward supplied from ABC. How should I file GSTR 3B for the month of November 2017 as I no longer have GST received on outward supplied from

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confusion on tax payment

Goods and Services Tax – Started By: – vikram bindra – Dated:- 11-12-2017 Last Replied Date:- 12-12-2017 – If the turnover is less than 1.5 crores, in my case much less than it, do i have to pay gst on quarterly basis or monthly basis , some say that one has to pay tax monthly but return can be filed quarterly. kindly respond as this question needs to be clearedan early response is appriciatedwarm rgds – Reply By PAWAN KUMAR – The Reply = Dear Sir,Tax to be paid on quarterly basis and return also. – Reply By KASTURI SETHI – The Reply = Small Scale Supplier is also to file monthly GSTR 3 B till issuance of Notification to dispense with the same. So this return cannot be filed with out debit of GST from Electronic Cash Ledger. Hence payment

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He shall have to file monthly GS I R-1, 2 and 3 for the months of July, August and September.. Regards – Reply By KASTURI SETHI – The Reply = For GSTR 3 B date has been further extended up to March, 18. So payment of GST has to be made monthly till March 18. I think after intervention of expert, Ms.Anita Bhadra, the Querist must be convinced now. – Reply By PAWAN KUMAR – The Reply = Dear Sir, All the taxpayer would file the GSTR-3B till March'2018 and pay tax by 20th of succeeding month. This will be done on monthly basis. However for filing only GSTR-1, there are two category : 1.Tax payer up to turn over of 1.5 Cr. – Return GSTR-1 to file on quarterly basis starting from July to Sept 2017 quarter. If the GSTR-1 of July'2017 has be

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Frequently Asked Questions – GST

Goods and Services Tax – GST – Dated:- 11-12-2017 – Q. I am restaurant owner and also have supply of some other services worth ₹ 1 lakh Am I eligible for composition scheme? Ans. No. Please refer to Section 10 of CGST Act. Q. Challan for job work in form ITC-04 needs to be filed by 25th of next quarter. Is there any provision of relaxation in it? Ans. Yes. Please refer to the Notification No. 51/2017-Central Tax Q. What is taxable value in case of export under LUT or bond as shipping bill show taxable value not applicable in filling GSTR 1. Which value whether FOB value or CFR/CIF or invoice value consider as taxable value? Ans. Valuation needs to be done on basis of section 15 of CGST Act & Chapter IV of CGST Rules. The same wou

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e are a private ltd co registered in India. Our Parent company is in Europe. We supply ITES services to our parent co in Europe. Query: Whether the services provided by us to our parent co will be treated as Export Services as per GST Act…? Please clarify. Ans. No as they will be treated as distinct entity. Q. I am a transporter and does not need to get registered in GST. But, I do business with registered persons. Do I have to maintain any details? Ans. Yes. Please refer to Chapter VIII-Accounts & Records of CGST Act. Q. I need advance ruling on my business (supply)? Online process is not working. Need guidance Ans. Manual application can be given. Please refer to Notification no. 55/2017-Central Tax. A new rule 107A has been ad

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Goods imported by EOU shall be exempted from IGST and compensation cess leviable thereon upto 31.3.2018 – See Notification as amended

Customs – Goods imported by EOU shall be exempted from IGST and compensation cess leviable thereon upto 31.3.2018 – See Notification as amended – TMI Updates – Highlights

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consumption

Goods and Services Tax – Started By: – arun aggarwal – Dated:- 11-12-2017 Last Replied Date:- 11-12-2017 – Sir,I want to understand the difference between the local consumption and local sales under the GST regime if any .Any commodity sold locally in the same state after charging SGST and CGST not necessarily will be consumed in the same state and can be sold further to any other state after charging IGST.The problem may arise where the sales/clearances made by the units availing the area based exemptions and after getting some benefits in the SGST and CGST from the state govt on the local consumption and which in return can be further sold to some other state after charging IGST and were never actually consumed in the same state but were

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eligible for budgetary support .The application for imbursement of budgetary support shall be made by the eligible unit after the payment of CGST/IGST has been made, for the quarter to which the claim relates, in cash, in respect of specified goods after utilization of Input Tax credit, if any.Thus even for area based exemptions , GST has to be paid and then budgetory support will be provided .Regards – Reply By arun aggarwal – The Reply = Madam .Does that means local consumption and local sales have the same meaning under GST? – Reply By ANITA BHADRA – The Reply = Sales and consumption are two different terms . The term sales has been replaced with Supply but consumption has its own meaning . GST is destination (consumption) based tax mea

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Rate of tax of GST – works contract – case of petitioners is that the contract works for which the agreements were executed prior to 01.07.2017, GST cannot be imposed and 2% VAT alone is applicable – WP disposed of with direction to commissioner

Goods and Services Tax – Rate of tax of GST – works contract – case of petitioners is that the contract works for which the agreements were executed prior to 01.07.2017, GST cannot be imposed and 2% V

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A Brief note on Anti-Profiteering Clause

Goods and Services Tax – GST – By: – Prasanna Cp – Dated:- 11-12-2017 – Anti-profiteering rules are as result of lessons learnt from inflation and increased price that was witnessed after GST implementation in other countries, Hence it makes more important for the Indian Administrators to keep track on the prices after implementation of GST. The section which empowers the Anti-Profiteering measures is reproduced as follows: Section 171 of CGST Act: Any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices. The Central Government, on recommendations of the Council, by notification, constitute an Authority, or empower an ex

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uction in prices to order: reduction in prices return to the recipient, an amount equivalent to the amount not passed on by way of commensurate reduction in prices along with interest at the rate of eighteen per cent. from the date of collection of the higher amount till the date of the return of such amount. or recovery of the amount not returned in case the eligible person does not claim return of the amount or is not identifiable, and depositing the same in the Consumer Welfare Fund. Imposition of penalty. Cancellation of registration. Government seems to push hard with this Clause to ensure the end consumers are benefited and business entity need to prepare itself and pass on the benefits and ensure steady flow of value chain Manufactur

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ABSENCE OF TRANSIT DECLARATION FORM

Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 11-12-2017 – Vide Order No. 31 of 2017, dated 21.07.2017 the Governor of Uttar Pradesh specified the documents that a person in charge of a conveyance carrying any consignment of goods shall carry while the goods are in movement or in transit storage in Uttar Pradesh. Para 4 of the said order prescribes that in case of transportation of taxable goods valuing ₹ 5,000/- or more from a place outside Uttar Pradesh place outside the State, the Form TDF – 1 shall be carried with such good during the transportation of goods or their transit storage within the State and on the exit of goods from the State, the information shall be provided in Form TDF – 2 (Transit Declaration

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such detention was there was no transit declaration form. The petitioner claims to have filed reply on 27.10.2017. Along with the reply a copy of its invoice and other documents were annexed. The seizing authority also compared the IGST and compensation cess paid as disclosed in the tax invoice of the petitioner at the stage of passing the seizure order on 28.10.2017. The Revenue found apparent discrepancy in the particulars. In the Copy of tax invoice, dated 25.10.2017 the goods the IGST and the Compensation cess values at Res.17,42,400/- and ₹ 11,88,000/- respectively. These values have been mentioned at ₹ 5,54,000/-and ₹ 11,88,000/- in copy of tax invoice dated 25.10.2017 filed along with the reply furnished by the peti

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ods could not have been detained or seized merely because of the transit declaration form has not been found. The Revenue submitted the following before the High Court- At the state of detention there was only one copy of the tax invoice available with the goods; The only reason for detention as communicated to the petitioner was absence of transit declaration form; The reply filed by the petitioner itself made it clear that tax was sought to be evaded inasmuch as two copies of the computer generated tax invoice cannot record different figures of IGST and compensation cess; The seizure order has been correctly passed on the allegation of intention to evade tax for the reason of tax invoice being not genuine. The High Court considered the ar

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GST for Services

Goods and Services Tax – Started By: – suvetha purushothaman – Dated:- 11-12-2017 Last Replied Date:- 11-12-2017 – Hi,I am providing Web Designing, Domain Registration and hosting services. I have purchased Google apps for a client in Dubai. Kindly, please let me know whether i have put GST for that client. Because I am paying GST for Google apps. Can anyone please guide me.Thank You – Reply By ANITA BHADRA – The Reply = Dear Sir You need not to put GST for client in Dubai . You can claim refund of input Tax ( paid for Google Apps) . You have two options – pay IGST at the time of export and claim refund . or export under LUT without paying IGST and claim for input Tax refund , your services to Dubai client will be considered as export of s

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Gmmco Limited, Hafele India Private Limited Versus Union of India & Another

2017 (12) TMI 1069 – DELHI HIGH COURT – TMI – The matter requires to be heard in greater detail – In case any duty amounts are paid, that will be subject to final outcome of the proceedings – it is open to the petitioners to proceed and claim credit or pay duty, as the case may be. – W.P.(C) 9539/2017, C.M. APPL.38777/2017, W.P.(C) 9572/2017, C.M. APPL.38984/2017 Dated:- 11-12-2017 – S. Ravindra Bhat And Sanjeev Sachdeva, JJ. For the Petitioner : Sh. Abhishek Rastogi, Sh. Ankit Shah and Sh. Ga

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ITC on works contracts

Goods and Services Tax – Started By: – pradeep kumar – Dated:- 10-12-2017 Last Replied Date:- 11-12-2017 – Hi experts, i have some doubts regardind the works contracts of 11.repair and maintainces of restarunts,banquiet hall,captria,kichen can i take ITC or not2.electrical items and fittings above like restarunts,captria etc can i takd itc or not3.if they how to accounted for like value-100+gst-10=110 can u brief me experts4.what about treatment of capital assets like above exmple thanks in advance – Reply By ANITA BHADRA – The Reply = Dear Sir as per Sec. 2(119) of CGST Act. Works Contract means a contract for building, construction, fabrication ,completion, erection, installation , fitting out, improvement , modification, repair ,mainten

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mp; maintenance pertain to immovable property. Embedded into earth. – Reply By Vamsi Krishna – The Reply = Sorry ,, there was a typing error in my previous message.. Ref the words in bold letters.. Works contract under GST is limited to contracts to do with Immovable property. (ref sec.2(119) where it is clearly defined). Sec.17(5) of CGST act mentions clearly that works contract services when supplied for construction of immovable property is ineligible for credit except where it is for further supply of works contract services. In your example the output services like restaurants, halls, cafeteria etc are not works contract services and therefore you are not entitled for credit on your repairs and maintenance, electrical works and related

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Extends the period for submitting the declaration in FORM GST TRAN-1 till 27th December, 2017

GST – States – 39/2017 – Dated:- 10-12-2017 – GOVERNMENT OF TELANGANA COMMERCIAL TAXES DEPARTMENT TGST Notification No. 39/2017 CCT s Ref No. A(1)/120/2017 Dt. 10-12-2017 In exercise of the powers conferred by rule 120A of the Telangana Goods and Services Tax Rules, 2017 read with section 168 of the Telangana Goods and Services Tax Act, 2017, the Commissioner of State Tax on the recommendations of the Council, hereby extends the period for submitting the declaration in FORM GST TRAN-1 till 27th

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Compliance of GST Law & Procedure by Custodians at ACC

Customs – FACILITY NOTICE 24/2017 – Dated:- 10-12-2017 – OFFICE OF THE COMMISSIONER OF CUSTOMS (Export) AIR CARGO COMLEX SAHAR ANDHERI (E), MUMBAI -400099. F. No. S/3 – Misc 26/2017-18 E&T/(X), ACC Date: 12.10.2017 FACILITY NOTICE 24/2017 Sub:- Compliance of GST Law & Procedure by Custodians at ACC-reg. Kind attention of all Custodians, Airlines, Console Agents and other Stake holders is to the compliance of GST Law & Procedure at ACC. Mumbai and the special meetings held on 25.07.2017 and 11.08.2017, 2. Rule 33 of Central Good and Services Tax Rules, 2017 deals with the value of supply of services in case of pure agent". In compliance to the rules MIAL has made preliminary modification, in their management system. 3. In o

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s mandatory to generate the THC on-line, hence unregistered CHA may get themselves registered seamless transactions. 4. The following process is made availlble by MIAL, to facilitate the trade: (a) MIAL will provide a data field column option in the custodian management system for updating the required GST details. (b) It's mandatory to generate the THC receipts online through custodian management system by the Importer/Exporter/Customs broker. 5. For smooth functioning, Importer/Exporter/Consignee and CHAs/CBs are advised to follow the SOP as circulated by the Custodian. 7. Difficulties, if any, faced in the implementation of this Public Notice may be brought to the notice of the notice of the undersigned. 8. Other custodians are expec

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How to avail Input Tax Credit of GST on Airline Bills

Goods and Services Tax – Started By: – Shekhar Joshi – Dated:- 9-12-2017 Last Replied Date:- 13-12-2017 – We are a manufacturer of goods and for the business purpose we often use Airline Services for business travelling. Some Airlines use word K3 Tax for GST amount. Now the question is how can we get ITC of such GST amount where as it is not confirmed that whether it is CGST & SGST or IGST. What is the current practice which others are following in the new GST regime? how they are getting Invoices? Pls. Advice – Reply By PAWAN KUMAR – The Reply = Dear Sir,K3 tax code is used for tax charged on airline invoice. Place of supply will be the schedule point of departure of Air Flight and the Location from where you are getting tickets.So if

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ce of supply of passenger transportation service to,- (a) a registered person, shall be the location of such person; (b) a person other than a registered person, shall be the place where the passenger embarks on the conveyance for a continuous journey: Provided that where the right to passage is given for future use and the point of embarkation is not known at the time of issue of right to passage, the place of supply of such service shall be determined in accordance with the provisions of sub-section (2). Explanation.-For the purposes of this sub-section, the return journey shall be treated as a separate journey, even if the right to passage for onward and return journey is issued at the same time. Sec 13(10) of IGST Act : The place of sup

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Refund of credit accumulated due to tax rate difference

Goods and Services Tax – Started By: – Gorantla Bhaskar Rao – Dated:- 9-12-2017 Last Replied Date:- 14-12-2017 – sir,A party has filed application for refund of credit accumulated due to tax rate difference under GST. The party's inputs attract higher rate of duty than the rate of duty attracted on his output and thus he accumulated credit. Is he eligible for refund in cash under GST. As of now GST portal for refunds is not working and hence filed manually for sanction of refund. Is he eligible for the refund of the amount in cash even if he files manually. What is the time period for sanction of the same and under what provisions ? What are the documents need to be verified for sanction of the refund ? Experts, Pl.throw light on this

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GST UPDATE ON REVERSAL OF ITC IN CASE OF GOODS LOST BY FIRE

Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 9-12-2017 Last Replied Date:- 22-5-2018 – In GST regime, the scope of definition of inputs, capital goods and input services is very wide and covers almost all the imaginable goods and services that are directly or indirectly used in course or furtherance of business. However, section 17(5) prescribes a list of goods or services on which ITC is not admissible. The opening para of section 17(5) of CGST Act, 2017 reads as follows:- (5) Notwithstanding anything contained in sub-section (1) of section 16 and sub-section (1) of section 18, input tax credit shall not be available in respect of the following, namely:- …… …… (h) goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples; The bare analysis of above section makes it clear that this section has overriding effect and it states that the ITC shall not be available in respect of goods lost, stolen, destroyed or written off. There is a s

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both the views, the authors of this update find that the definition of inputs and capital goods use the phrase used or intended to be used in course or furtherance of business . Since this condition is to be checked at the time of admissibility of ITC and at that time the goods lost, stolen or destroyed were intended to be used in course or furtherance of business, the ITC was legally availed. It is worthwhile to mention here that once ITC is legitimately availed, it cannot be demanded back without a specific provision in this regard. There is no provision for demanding the ITC on inputs, capital goods and input services that have already been used for manufacture of finished goods that are lost or stolen or damaged. There is only one provision under clause (h) of section 17(5) of CGST Act, 2017 which talks of reversal on inputs or capital goods or input services itself. Further, there is no such provision of reversal under rule 42 of CGST Rules, 2017. In absence of any specific provi

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educational purpose only and not intended for solicitation. You can reach us at www.capradeepjain.com, at our facebook page on https://www.facebook.com/GSTTODAYBYPRADEEPJAIN/ as well as follow us on Twitter at https://www.twitter.com/@capradeepjain21 – Reply By JAIPRAKASH RUIA – The Reply = Good !If a manufacturer buy gift and give to customer. whether the ITC of GST paid on gift purchased is available to manufacturer please? – Reply By Manoj Sharma – The Reply = Though the words used at the beginning of subsection 5 are no ITC shall be available I guess the real intention of Section 17(5)(h) is to define reversal. You do not know which goods you are going to distribute as gift or sample or which goods are gonna destroyed. The indirect meaning of this wording is that you take ITC at the arrival of goods but you have to reverse it when you distribute these inputs or inputs contained in finished goods as free gift or sample or when these goods are destroyed. – Articles – Knowledge Sharin

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