Author: admin_gst

Goods and Services Tax – GST – By: – Manish Didwania – Dated:- 20-11-2017 Last Replied Date:- 21-11-2017 – These Changes shall be effective prospectively from November 15, 2017 Relaxation in GST returns filing a. GSTR-1 S. No. Period Due Dates For registered persons having aggregate turnover of more than 1.5 crore rupees in the preceding financial year or the current financial year 1 Monthly July – October, 2017 31st December, 2017 2 Monthly November, 2017 10th January, 2018 3 Monthly December, 2017 10th February, 2018 4 Monthly January, 2018 10th March, 2018 5 Monthly February, 2018 10th April, 2018 6 Monthly March, 2018 10th May, 2018 The registered persons having aggregate turnover of up to 1.5 crore rupees in the preceding financial ye

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Jan – Feb 20, 2018 Feb – March 20, 2018 March – April 20, 2018 f. GST Tran 1 GST Tran 1 – 27th Dec 2017 Revised GST Tran 1 – 27th Dec 2017 No GST on advance payment Seeks to exempt all taxpayers from payment of tax on advances received in case of supply of goods Late filing fees – GSTR-3B Late Fee credit – Late fees for GSTR-3B of July, Aug and Sept waived. Any late fees paid for these months will be credited back in Electronic Cash Ledger under Tax and can be utilized to make GST payments. October onward ₹ 25 per day and where tax amount payable is nil, it is ₹ 10 per day. – Reply By Ganeshan Kalyani – The Reply = GST on advance received is exempted for registered person other than composition dealer. So if composition dealer

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 20-11-2017 Last Replied Date:- 21-11-2017 – Chapter X of the CGST Act, 2017 contains provisions in relation Tax Collection at Source (TCS) including e-commerce in section 52. These provisions will be effective from a notified date. However, e-commerce and e-commerce operator are defined in section 2(44) and 2(45) of the CGST Act, 2017 respectively. TCS is collected as a tax by the e-commerce operator on behalf of supplier and is only a method of collection of tax through the operator (just like TDS) and the power to collect TCS is without prejudice to any other mode of recovery from the operator. According to section 52 of the GST Act, every E-commerce operator is required to collect an amount not exceeding 1% of the net value of taxable supplies, made through it by the other suppliers where the consideration of such supplies is to be collected by electronic commerce operator. The tax so collected is called tax collecti

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ST Act, 2017 are required to be excluded for the purpose of TCS. Section 9(5) provides that in respect of notified services, the total tax in respect of those services is required to be paid by e-commerce operator. E-commerce operators will have to collect and deposit tax collected at source (TCS) in addition to what GST is payable in the states in respect of supply of their own goods and services. This tax will have to be collected on payment to vendors which will be subject to reconciliation at a later stage. In terms of section 52(1), collection of tax at source is mandatory irrespective of any other provisions in GST Act or in any contract, arrangement or memorandum of understanding. This provision casts an obligation on the operator to collect an amount at the given rate out of the proceeds payable to the actual supplier of goods or services making supplies through it. In terms of section 52(7) of the CGST Act, 2017, TCS collected from the supplier and deposited with the Governmen

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.e., within ten days after the end of the month in which collection is made. Such TCS amount shall be paid to the credit of appropriate Government by the e-commerce operator. As per section 52(4) of the CGST Act, 2017 an Operator is required to furnish a monthly statement in Form GSTR-8 by the 10th of the following month through an e-commerce operator containing the details of the containing the details of outward supplies of goods or services or both effected through it, including the supplies of goods or services or both returned through it, and the amount collected under sub-section (1) of section 52 of the CGST Act, 2017 during a month within ten days after the end of such month. The details furnished by the operator under sub-rule (1) shall be made available electronically to each of the suppliers in Part C of FORM GSTR-2A on the common portal after the due date of filing of FORM GSTR-8. Under section 52(5), the e-commerce operator besides collecting and depositing tax by 10th of

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operator. According to section 52 of the CGST Act, 2017, TCS is required to be collected on the net value of taxable supplies made through it by other suppliers where the consideration is to be collected by the ECO. In this case, there are two transactions – where you purchase the goods from the vendors, and where you sell it through your website. For the first transaction, GST is leviable, and will need to be paid to your vendor, on which credit is available for you. The second transaction is a supply on your own account and not by other suppliers and there is no requirement to collect tax at source. The transaction will attract GST at the prevailing rates. Any amount collected and paid to the credit of the appropriate Government by e-commerce operator shall be deemed to be a payment of tax on behalf of the concerned supplier and the supplier can claim credit in his electronic cash ledger. In terms of section 52(12) of the CGST Act, 2017, Any authority not below the rank of Deputy Com

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nt of TCS is collected and deposited by e-commerce operator will be eligible to claim credit of such amount in their electronic cash ledger. The details of supplies, deductions and deposit furnished by e-commerce operator should be matched with the periodical returns furnished by such supplier. On its matching with the details declared by the supplier, the electronic cash ledger of such supplier will be credited with an amount deposited by e-commerce operator on their behalf. In terms of sub-sections 9 and 10 of section 52 of the CGST Act, 2017, the details of the supplies, including the value of supplies, submitted by every Operator in the statements will be matched with the details of supplies submitted by all such suppliers in their returns. If there is any discrepancy in the value of supplies, the same would be communicated to both of them. If such discrepancy in value is not rectified within the given time, then such amount would be added to the output tax liability of such supple

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Goods and Services Tax – 19/19/2017 – Dated:- 20-11-2017 – Circular No. 19/19/2017-GST F. No. 354/263/2017-TRU Government of India Ministry of Finance Department of Revenue Tax research Unit **** North Block, New Delhi 20th November 2017 To, The Principal Chief Commissioners/Chief Commissioners/ Principal Commissioners/ Commissioner of Central Tax (All) / The Principal Director Generals/ Director Generals (All) Madam/Sir, Subject: Clarification on taxability of custom milling of paddy – regarding. Representations have been received seeking clarification on whether custom milling of paddy by Rice millers for Civil Supplies Corporation is liable to GST or is exempted under S. No 55 of Notification 12/2017 – Central Tax (Rate) dated 28th June

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tial characteristics but makes it marketable for primary market. Job work has been defined under section 2 (68) of the CGST Act to mean any treatment or process undertaken by a person on goods belonging to another registered person. Further, under Schedule II (para 3) of the CGST Act, any treatment or process which is applied to another person s goods is a supply of service. 3. Milling of paddy is not an intermediate production process in relation to cultivation of plants. It is a process carried out after the process of cultivation is over and paddy has been harvested. Further, processing of paddy into rice is not usually carried out by cultivators but by rice millers. Milling of paddy into rice also changes its essential characteristics.

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2017 (11) TMI 1522 – MADRAS HIGH COURT – [2017] 1 GSTL 18 (Mad) – Demand of service tax – adjudication of case after the Scheme of Arrangement – sick unit – Held that: – This Court does not wish to express any opinion at this juncture, as the first respondent is yet to adjudicate the case. The first respondent, having issued the impugned demand, has to consider the petitioner's objections and pass an order and it is open to the petitioner to prefer an appeal. On the other hand, if the first respondent is convinced on the legal issue raised by the petitioner, it may even lead to dropping of proceedings. Therefore, necessarily, there should be an adjudication.
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The prayer sought for by the petitioner to quash the impugned show cause notice cannot be granted, as it is premature – writ petition is dismissed as premature. – Writ Petition No.29588 of 2017 & WMP.No.31867 of 2017 Dated:- 20-11-2017 – T. S. Sivagnanam, J. For the Petitioner : Mr.N.Prasad For the Respondents : Mr.V.Sundar

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ovides for an effective date as 01.4.1999. 3. On 31.3.2005, the second respondent passed an Order-in-Original, which was with reference to the show cause notices dated 04.6.1993 and 03.6.1993, claiming service tax and other charges for the period November 1992 as well as December 1992 and January 1993 respectively. By the order dated 31.3.2005, the second respondent confirmed the demand in the show cause notices and directed payment of ₹ 91,74,660/- and imposed a penalty of ₹ 25 lakhs. 4. After about two years, the third respondent passed an Order-in-Original dated 12.2.2007, which was with reference to the show cause notice dated 20.8.2002 demanding service tax. By the said order, the third respondent confirmed the demand of ₹ 10,07,117/- under Section 73 of the Finance Act, 1994 apart from demanding interest and levying penalty. 5. These two orders led to the issuance of a notice dated 13.6.2014 issued to the Superintendent of Customs, Central Excise and Service Tax

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g the earlier stand that the petitioner is liable to pay the dues, failing which, the first respondent informed the petitioner that appropriate action will be initiated under Section 11 of the Central Excise Act, 1944 and the Finance Act, 1994 and the Rules made thereunder. On receipt of the same, the petitioner gave their objections dated 10.11.2017. 7. These facts clearly show that the first respondent is yet to adjudicate the petitioner's case and that the matter is still at the stage of a show cause notice. The contentions raised by the petitioner are that the effective date as per the orders of the Company Court approving the Scheme of Arrangement is 01.4.1999 and as on the said date, the amounts are not due and payable. 8. On the other hand, the learned Senior Standing Counsel for the respondents would submit that the petitioner company, being the successor, is liable to pay the amount, which was the subjective issue pursuant to the show cause notices issued in the year 1993

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2017 (12) TMI 202 – KERALA HIGH COURT – [2017] 1 GSTL 16 (Ker), [2017] 1 GSTL 28 (Ker), 2018 (10) G. S. T. L. 136 (Ker.) – Release of detained goods – Jurisdiction of detaining authority – mis-declaration as well as mis-classification of goods – inter-state or intra-state supply – Held that: – the specific power invoked in issuing the impugned notice is under the CGST/SGST which is applicable only to the intra-state movement of goods. Admittedly the petitioner has consigned the goods from Tamil Nadu and was transporting it to the 3rd respondent at Pattambi – The issue of misclassification and under valuation has to be gone into by the respective assessing officers and not by the detaining officer. In such circumstances, this Court is not inclined to permit the further detention of the goods.
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The petitioners shall be permitted release of the goods on the execution of simple bond without sureties as expeditiously as possible – petition allowed – decided in favor of petitioner. – W

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t value of the goods as known to him but not verified with any material. The detention notice also directed payment of CGST and SGST each @14% totaling 28% and the GST @5% for one other commodity as also a security deposit of an equal amount. 2. The essential contention taken up by the petitioner is that the goods were transported inter-State and neither CGST nor SGST was applicable to such goods. It is also contended that the HSN Code as disclosed in the invoice is the one used by the manufacturer. The petitioner having purchased the goods from the manufacturer at Delhi could not change the HSN Code in which event there would be a violation of the provisions of the tax statutes. It is further contended that the E-way Bill uploading procedure as provided in the Rules to the CGST which has been adopted under the IGST is not implemented as of now. The same is deferred till 31.12.2017. Hence to support the case of the inter-State transport the petitioner need accompany the goods only with

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l Nadu and was transporting it to the 3rd respondent at Pattambi. The 3rd respondent also appears and submits that they are ready to accept the consignment. The issue of misclassification and under valuation has to be gone into by the respective assessing officers and not by the detaining officer. In such circumstances, this Court is not inclined to permit the further detention of the goods. The petitioners shall be permitted release of the goods on the execution of simple bond without sureties as expeditiously as possible. The detaining officer shall inform the assessing officer of the 3rd respondent who would be entitled to take appropriate proceedings at the time of assessment of the 3rd respondent. The assessing officer of the petitioners at Tamil Nadu would also be intimated, the details of whom shall be furnished by the petitioners before release of the goods. 5. With the above observations the writ petition is allowed making it clear that the petitioners and the 3rd respondent s

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GST – States – 47/2017-State Tax – Dated:- 20-11-2017 – Government of Himachal Pradesh Excise and Taxation Department Dated Shimla-2 the 20th November, 2017 Notification No. 47/2017-State Tax No.EXN-F(10)-40/2017.- In exercise of the powers conferred by section 164 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017), the Governor of Himachal Pradesh is pleased to make the following rules further to amend the Himachal Pradesh Goods and Services Tax Rules, 2017, namely:- (1) These rules may be called the Himachal Pradesh Goods and Services Tax (Twelfth Amendment) Rules, 2017. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Himachal Pradesh Goods and Services Tax Rules, 2017

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substituted, namely:- Statement – 2 [Rule 89(2) (c)] Refund Type: Exports of services with payments of tax (Amount in Rs.) Sl.No. Invoice details Integrated tax Cess BRC/FIRC Integrated tax and cess involved in debit note, if any Integrated tax and cess involved in credit note, if any Net integrated tax and cess (6+7+10-11) No. Date Value Taxable Value Amt. No. Date 1 2 3 4 5 6 7 8 9 10 11 12 "; (b) for Statement – 4 , the following Statement shall be substituted, namely:- Statement – 4 [Rule 89 (2)(d) and 89(2)(e)] Refund Type : On account of supplies made to SEZ unit or SEZ Developer (on Payment of tax) (Amount in Rs.) GSTIN of recipient Invoice details Shipping bill/Bill of export/Endorsed invoice by SEZ Integrated tax Cess Integra

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GST – States – 36/2017-State Tax – Dated:- 20-11-2017 – Government of Himachal Pradesh Excise and Taxation Department Dated: Shimla-2 20th November, 2017 Notification No. 36/2017-State Tax No.EXN-F(10)-31/2017.- In exercise of the powers conferred by section 164 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017), the Governor of Himachal Pradesh is pleased to make the following rules further to amend the Himachal Pradesh Goods and Services Tax Rules, 2017, namely:- 1 These rules may be called the Himachal Pradesh Goods and Services Tax (Eleventh Amendment) Rules, 2017. 2. In the Himachal Pradesh Goods and Services Tax Rules, 2017, – (i) in rule 24, in sub-rule (4), for the figures, letters and word, 30th September , the

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Last date for filling of return in FORM GSTR-3B – GST – States – PA/ETC/2017/310 – Dated:- 20-11-2017 Circular – Trade Notice – Public Notice – Instructions – Office orders

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GST – States – 19/WBGST/PRO/17-18 – Dated:- 20-11-2017 – GOVERNMENT OF WEST BENGAL DIRECTORATE OF COMMERCIAL TAXES 14, BELIAGHATA ROAD, KOLKATA-700015 O R D E R No. 19/WBGST/PRO/17-18 Dated: 20/11/2017 The order no. 01/WBGST/PRO/17-18 dated 21/06/2017, (hereinafter referred to as the said order) issued in exercise of power conferred upon me under sub-section (2) of section 4 of the West Bengal Goods and Services Tax Ordinance, 2017, saved under sub-section (2) of section 175 of the West Bengal

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GST – States – 20/WBGST/PRO/17-18 – Dated:- 20-11-2017 – GOVERNMENT OF WEST BENGAL DIRECTORATE OF COMMERCIAL TAXES 14, BELIAGHATA ROAD, KOLKATA-700015 Jurisdiction of Officers in Charges O R D E R No. 20/WBGST/PRO/17-18 Dated: 20/11/2017 The order no. 02/WBGST/PRO/17-18 dated 21/06/2017, (hereinafter referred to as the said order) issued in exercise of power conferred upon me under sub-section (2) of section 4 of the West Bengal Goods and Services Tax Ordinance, 2017, saved under sub-section (2

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GST – States – 21/WBGST/PRO/17-18 – Dated:- 20-11-2017 – GOVERNMENT OF WEST BENGAL DIRECTORATE OF COMMERCIAL TAXES 14, BELIAGHATA ROAD, KOLKATA-700015 Delegation of powers by the Commissioner ORDER No. 21/WBGST/PRO/17-18 Dated: 20/11/2017 The order no. 03/WBGST/PRO/17-18 dated 21/06/2017, (hereinafter referred to as the said order) issued in exercise of power conferred upon me under sub-section (3) of section 5 of the West Bengal Goods and Services Tax Ordinance, 2017, saved under sub-section (

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GST – States – 22/WBGST/PRO/17-18 – Dated:- 20-11-2017 – GOVERNMENT OF WEST BENGAL DIRECTORATE OF COMMERCIAL TAXES 14, BELIAGHATA ROAD, KOLKATA-700015 Central Registration Unit O R D E R No. 22/WBGST/PRO/17-18 Dated: 20/11/2017 The order no. 04/WBGST/PRO/17-18 dated 21/06/2017, (hereinafter referred to as the said order) issued in exercise of power conferred upon me under sub-section (2) of section 4 of the West Bengal Goods and Services Tax Ordinance, 2017, saved under sub-section (2) of secti

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GST – States – 23/WBGST/PRO/17-18 – Dated:- 20-11-2017 – GOVERNMENT OF WEST BENGAL DIRECTORATE OF COMMERCIAL TAXES 14, BELIAGHATA ROAD, KOLKATA-700015 Adjudicating authorities O R D E R No. 23/WBGST/PRO/17-18 Dated: 20/11/2017 The order no. 06/WBGST/PRO/17-18 dated 22/06/2017, (hereinafter referred to as the said order) issued in exercise of power conferred upon me under sub-section (2) of section 4 of the West Bengal Goods and Services Tax Ordinance, 2017, saved under sub-section (2) of sectio

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2018 (6) TMI 422 – MADHYA PRADESH HIGH COURT – 2018 (13) G. S. T. L. 16 (M. P.) – Appropriate forum – Rate of GST – confectionery items – case of petitioner is that it does not come within the purview of taxes at the rate of 18% to 28%, as imposed by the respondents – Held that:- Under the Central Goods and Services Act, 2017, specific provision is there to raise objection before the Council or Commissioner, GST, and this Court is not an Expert Body to examine this question – petition has no me

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Customs – 79/2017 – Dated:- 20-11-2017 – GOVERNMENT OF INDIA OFFICE OF THE COMMISSIONER OF CUSTOMS (AIRPORT & ADMN)AIR C ARGO COMPLEX NSCBI AIRPORT, KOLKATA: 700 052. F. NO. S41(Misc) – 64/2017CCX/Pt Date: 20.11.2017 PUBLIC NOTICE NO. 79/2017 Subject: Refunds of IGST paid on export of goods under Rule 96 of CGST Rules 2017 Attention of the Exporters/Customs Brokers is invited to Ministry's Circular Nos.42/2017-Customs dated 07.11.2017 regarding Refunds of IGST paid on export of goods under Rule 96 of CGST Rules, 2017. 2. The GST Council in its 22nd Meeting had approved a major relief package for exporters. The council was unanimous that it is in the national interest to take all possible measures to suppport the exporting community, which earns valuable foreign exchange and provides significant employment especially in the small and medium sector. The Council approved that by 10.10.2017 the refund of IGST paid on goods exported in July, 2017 would begin to be paid and refunds

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ither does not exist it pertains to another exporter. In respect of these claims, the only way out is to amend the GSTR I (Amendments to taxable outward supply details furnished in returns for earlier tax periods) and enter the correct shipping bill number. In these cases, the amendments for information furnished in GSTR I for July, 2017 need to be filed in Table 9A of GSTR I for August, 2017. GSTN has been asked to provide for immediate implementation of this Table so that all such claims can be processed once amendment is filed. ii) Invoice number and IGST paid amount mismatch Analysis of data revealed that exporters have quoted different invoice numbers for GST and Customs purposes. Also, IGST paid amount indicated in GSTR I is not tallying with IGST paid amount indicated in shipping bill. As the same transaction is being reported under GST Act and under Customs Act, the exporters may take care to ensure the details of invoice, such as Invoice number, IGST paid etc, under GSTR 1 and

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given. iv. Wrong Bank Account given to Customs In some cases, bank account details available with Customs have been invalidated by PFMS. Reports on such accounts/JECs have been provided to the Commissionerates by the Directorate of Systems in ICES and by email. Exporters may be advised that if the account has not been validated by PFMS, they must get their details corrected in the EDI system. Exporters are also advised not to change their bank account details frequently so as to avoid delay in refund payment. B. IGST Refunds for the export of goods in the month of August 2017. GSTN has provided the utility to declare Table 6Afin GSTR 1 for exporters to fill in information related to Zero Rated Supplies. Once exporters file Table 6A, it would be possible to sanction refunds for the exports made in August 2017. Exporters have already been provided an option to view their Shipping Bill data online on ICEGATE website, so that they can ensure filing of their Table 6A without any error. All

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application. The third party details would be printed in the shipping bill copies for fulfilment of the notification conditions. ii) Further in case of an export consignment containing multiple supplies by registered suppliers, the registered recipient ( merchant exporters ) need to provide details of all registered suppliers and corresponding invoices against each item in the Shipping bills. iii) For the purpose of above mentioned notifications concerning supply to registered recipient at concessional GST, registered principal place of business or registered additional place of business shall be deemed to be a "registered warehouse". iv) Registered recipients (Merchant exporters) may, if required, exclude commercially sensitive information while providing copies of Shipping Bills to registered suppliers. 5. Any difficulty faced in the implementation of the above may be brought to the notice to the Deputy / Assistant Commissioner of Drawback Section, Air Cargo Complex, NSCBI

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Goods and Services Tax – Started By: – ANITA BHADRA – Dated:- 19-11-2017 Last Replied Date:- 19-11-2017 – Sir Benefit of Canteen and Transport facility extended to Contract worker by an employer is subject to GST ?If yes ,, whether employer need to pay GST on RCM Basis .Regards – Reply By Ganeshan Kalyani – The Reply = Company gets the contract labours from a manpower supply agency. The agency charges the company for supply of labour. The agreement between contractor and company may include the

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Goods and Services Tax – Started By: – sanjay khatri – Dated:- 18-11-2017 Last Replied Date:- 20-11-2017 – hi sir, i am a trader of cumin goods and also a comission agent of cumin goods. i am member of APMC in gujarat. comission service provided to farmers of cumin goods is taxable? – Reply By KASTURI SETHI – The Reply = Exempted vide Notification No.12/17-Central Tax (Rate) dated 28.6.17 Serial No.54(g) refers. – Reply By Ganeshan Kalyani – The Reply = The notification cited by Sri Kasturi Sir

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Goods and Services Tax – Started By: – ICAT Natrip – Dated:- 18-11-2017 Last Replied Date:- 20-11-2017 – As an Consultant, if we provide services to a foreign client at their place, say for example , if we provide services to an USA client by physically going to USA , then what will be the implication of GST on this transaction. consideration will be received in USD at USA.Thank You. – Reply By Ganeshan Kalyani – The Reply = GST is not applicable. – Reply By KASTURI SETHI – The Reply = Supply o

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Goods and Services Tax – Started By: – KIRAN KUMAR – Dated:- 18-11-2017 Last Replied Date:- 22-11-2017 – Dear Sir,Can we adjust the Revers charge input tax credit of previous months for Revers charge payment to current monthThanks & Regards,Kiran Kumar – Reply By Ganeshan Kalyani – The Reply = No, reverse charge liability must be paid in cash. The tax paid under reverse charge can be utilised to pay tax on the outward supply. – Reply By Rajagopalan Ranganathan – The Reply = Sir,Tax under reverse charge is to be paid in cash. ITC available in electronic credit ledger cannot be utilized for this purpose. – Reply By CS SANJAY MALHOTRA – The Reply = Agree with all experts. – Reply By KIRAN KUMAR – The Reply = Thanks for your valuable repli

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have not taken any credit because my final product exempted from tat Now we are selling the bolero's under GST, Requesting you to provide the GST ComplianceThanks & Regards,Kiran Kumar – Reply By Rajagopalan Ranganathan – The Reply = Sir' As per Sl. No. 2 of Notification No. 37/2017-Central Tax (Rate) dated 13.10.2017 motor vehicle falling under Chapter 87 when supplied by a registered person is chargeable to CGST at 65% of central tax applicable otherwise on such goods under Notification No. 1/2017-Central Tax (Rate) dated, 28th June, 2017 provided such supplier had purchased the Motor Vehicle prior to 1st July, 2017 and has not availed input tax credit of central excise duty, Value Added Tax or any other taxes paid on such veh

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Goods and Services Tax – GST – Dated:- 18-11-2017 – New Delhi, Nov 18 (PTI) Online sales of auto components have been hit by complex GST model for ecommerce players, online marketplace boodmo said. Exclusion of e-commerce businesses from the composite scheme, a higher tax rate of 28 per cent for auto components and for logistics of spare parts as well, and a complex GST model has impacted adversely ecommerce startups, the co- founder of boodmo, Oleksandr Danylenko, said in a statement. Our new

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Goods and Services Tax – Started By: – unni kv – Dated:- 18-11-2017 Last Replied Date:- 26-11-2017 – Dear Sir Please let us know whether we can do correction (add or reduce ITC) in preceding months GSRT3B in the proceeding month's GSTR3B ? regards kvunni. kannur. – Reply By KASTURI SETHI – The Reply = Still no provision has been made in Common Portal. Wait for. – Reply By unni kv – The Reply = Dear SirThanks for replu, but sir, from begining of GST itself heard that whatever ommission/deletion/correction of the previous months return can be rectified by adding/deleting in the next months return etc. regards – Reply By KASTURI SETHI – The Reply = Yes. It will be allowed when date for GSTR 2A, GSTR 2, 3 approach nearer. Monthly return fo

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ovision is that any adjustment on the tax, input tax credit taken in GSTR 3B tax can be adjusted in GSTR 3. – Reply By KASTURI SETHI – The Reply = Sh.CS Sanjay Malhotra Ji,. Sir, most of the assessees expect the facility for amendment in the case of 'FILED' GSTR 3 B for July, 17. Is there any hope ? I have read somewhere Govt. was planning to provide one time chance in this aspect ? Is there any hope ? Being a new law most of the assessees commited such mistake. – Reply By CS SANJAY MALHOTRA – The Reply = Sh Ganeshan ji righty remarked the provision in GST act that the adjustment is allowed in GSTR-3 but as the same has been deferred and implementation date is not certain, better to explore option for adjustment in succeeding month

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those who have submitted return but not filed. The same feature shall be valid for all coming months. Hence, one should thoroughly look at GSTR-3B before submission and even after submission but before filing as the error can be corrected using Reset Button. Returns once filed shall not be subject to any change thereafter. – Reply By Ganeshan Kalyani – The Reply = Sri Sanjay Sir, dealer would have filed GSTR 3B for the month of July 2017 to October 2017. So, if this reset option is enabled then it is not of use to those dealer who have filed the return. There would be very rare case where dealer has submitted but not filed. There is exceptional problem faced by some dealer. They have filed the return but GSTN shows as submit status but not

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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 18-11-2017 – Vide Notification dated 15.11.2017 the Central Government made the Central Goods and Services Tax (Twelfth Amendment) Rules, 2017 in exercise of the powers conferred under section 164 of the Central Goods and Services Tax Act, 2017. The amendment brings facility of filing refund manually whereas in the original act and rules it has been provided for online refund. This amendment came into effect from 15.11.2017. Amendment to Rule 43 Rule 43 provides for the manner of determination of input tax credit in respect of capital goods and reversal thereof in certain cases. Clause 2(i) of the Amendment Rules inserted the explanation after Rule 43(2). The newly inserted explanation provides that for the purposes of rule 42 and Rule 43, the Central Government clarified that the aggregate value of exempt supplies shall include the value of supply of services specified in the notification No. 42/2017-Integrated Tax (R

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t rules substituted the word supplier shall issue for supplier may issue . Amendment to Rule 97 Rule 97 deals with the Consumer welfare fund. Clause 2(iii) inserted Rule 97A after Rule 97. Rule 97A provides for manual filing and processing. The new Rule 97A provides that notwithstanding anything contained in this Chapter, in respect of any process or procedure prescribed herein, any reference to electronic filing of an application, intimation, reply, declaration, statement or electronic issuance of a notice, order or certificate on the common portal, in respect of that process or procedure, include manual filing of the said application, intimation, reply, declaration, statement or issuance of the said notice, order or certificate in such forms as appended to these rules. Amendment to Rule 107 Rule 107 provides the procedure for Advance Ruling. Clause 2(iv) of the Amendment Rules provides for the insertion of new rule 107A after rule 107. The newly inserted Rule 107A provides that notwi

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als) where such decision or order is passed by the Additional or Joint Commissioner; the Additional Commissioner (Appeals) where such decision or order is passed by the Deputy or Assistant Commissioner or Superintendent. The appeal shall be filed within three months from the date on which the said decision or order is communicated to such person. Rule 109A (2) provides that an officer directed under section 107(2) (appeal by Revenue) to appeal against any decision or order passed under this Act or SGST Act or UTGST Act may appeal to- the Commissioner (Appeals) where such decision or order is passed by the Additional or Joint Commissioner; the Additional Commissioner (Appeals) where such decision or order is passed by the Deputy or Assistant Commissioner or Superintendent The appeal should be filed within six months from the date of communication of said decision or order. Amendment to Rule 124 Rule 124 deals with the anti profiteering procedure. The second proviso to Rule 124 (4) provi

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; Form GST RFD – 01B – refund order details. Form GST RFD – 01A This form is to be used for the refund under rule 89 and Rule 97A. The following information is to be furnished by the person who seeks refund by manual filing- GSTIN/Temporary ID; Legal Name Trade Name, if any Address Tax period Amount of refund claimed in respect of central tax, State Tax, Integrated tax, UT tax, cess Grounds of refund claim (select from drop down) Excess balance in Electronic Cash Ledger; Exports of services with payment of tax; Exports of goods/services – without payment of tax (accumulated input tax credit); ITC accumulated due to inverted tax structure, under clause (ii) of first proviso to section 54(3); On account of supplies made to SEZ unit/SEZ developer (without payment of tax) Recipient of deemed export. Declaration under- Second proviso to Section 54(3); Section 54(3(ii); Rule 89(2)(f) Rule 89(2)(l) Verification Annexure – I Statement – 1 (Rule 89(5) – Refund type – ITC accumulated due to inve

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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 18-11-2017 Last Replied Date:- 7-12-2017 – Section 12 of the Integrated Goods and Services Tax Act, 2017 ( Act for short) provides for the determination of place of supply of services where location of supplier and recipient is in India. Section 12(14) of the Act provides that the place of supply of advertisement services to- the Central Government, a State Government, a Statutory body; or a local authority meant for the States or Union territories identified in the contract or agreement shall be taken as being in each of such States or Union territories. The value of such supplies specific to each State or Union territory shall be in proportion to the amount attributable to services provided by way of dissemination in the respective States or Union territories as may be determined in terms of the contract or agreement entered into in this regard. In the absence of such contract or agreement, the same shall be determin

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tisement in the hoardings on the trains. Advertisement in the hoardings other than those on trains In the case of hoardings other than those on trains, the amount payable for the hoardings located in each State or Union territory, is the value of advertisement service attributable to the dissemination in each such State or Union territory, as the case may be. Advertisement in the hoardings on the trains In the case of advertisements placed on trains, the break up, calculated on the basis of the ratio of the length of the railway track in each State for that train, of the amount payable for such advertisements is the value of advertisement service attributable to the dissemination in such State or Union territory, as the case may be. Advertisement on the back of utility bills In the case of advertisements on the back of utility bills of oil and gas companies etc., the amount payable for the advertisements on bills pertaining to consumers having billing address in such States or Union te

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vertisement service disseminated in a State shall be calculated on the basis of the viewership of such channel in such State, which in turn, shall be calculated in the following manner- the channel viewership figures for that channel for a State or Union territory shall be taken from the figures published by the Broadcast Audience Research Council; the figures published for the last week of a given quarter shall be used for calculating viewership for the succeeding quarter and at the beginning, the figures for the quarter 1st July, 2017 to 30th September, 2017 shall be used for the succeeding quarters 1st October,2017 to 31st December 2017. where such channel viewership figures relate to a region comprising of more than one State or Union territory, the viewership figures for a State or Union territory of that region, shall be calculated by applying the ratio of the populations of that State or Union territory, as determined in the latest Census, to such viewership figures. the ratio o

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ulatory Authority of India; the figures published for the last quarter in a given financial year shall be used for calculating the number of internet subscribers for the succeeding financial year and at the beginning, the figures for the last quarter of financial year 2016 -2017 shall be used for the succeeding financial year 2017 -18; where such internet subscriber figures relate to a region comprising of more than one State or Union territory, the subscriber figures for a State or Union territory of that region, shall be calculated by supplying the ratio of the populations of that State or Union territory, as determined in the latest census, to such subscriber figures; the ratio of the subscriber figures for each State or Union territory as so calculated, when applied to the amount payable for this service, shall represent the portion of the value attributable to the dissemination in that State or Union territory. Advertisement through SMS In the case of advertisements through SMS, t

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Goods and Services Tax – GST – By: – Manish Didwania – Dated:- 18-11-2017 – The Goods and Services Tax (GST) is being introduced in the country after 13 year long journey since it was first discussed in report by Kelkar Task Force on indirect taxes. Agreeably, one could count GST as country s biggest tax reform which can trigger transformation on how businesses works across all industries and overhaul India s fractured tax system. Amongst several changes proposed in GST, one key proposal is valuation rules prescribed for transacting entities that are related to each other. As per the GST rules, the value of supply of goods and services between related persons may be determined based on the open market value of such supply. The term market value has been defined in the Central Goods and Services Act, 2017 (CGST Act) as the amount which recipient of a supply is required to pay for like kind and quality of goods/ services at or about the same time and at the same commercial level where t

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erature is already present on the subject matter which can be leveraged while determining the arm s length price of a transaction, including guidance by international bodies such as the Organisation for Economic Co-operation and Development (OECD), United Nations, substantial jurisprudence from various Tax Courts etc. It is accordingly natural that the Indian GST rules may also draw reliance from the Income-tax to frame and advocate rules on valuation of supply between related parties. On the Indirect tax front, currently, there are specific valuation provisions for import of goods under Customs which are broadly similar to what is present in Income-tax. However, despite having broadly similar rules for valuing a transaction, the taxpayers have been witnessing lack of effective ground level administrative coordination between Income-tax and customs authorities to achieve a single price for the same transaction. In the past, there have been attempts by Government to move towards converg

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Transfer Pricing audits proceedings, the tax officers have been selectively using the data furnished by taxpayers before the customs authorities (intending to show that the price paid by the taxpayer is towards the higher end and there is no loss of revenue to customs authorities) to hold that the taxpayer have overpriced the cost of goods procured from overseas related parties and consequently undertake Transfer Pricing adjustment. By dwelling further on this issue, one can make out that the root cause of the problem wherein the taxpayer ends up making separate disclosures before the Income-tax and Customs authorities, goes down to how the system has been set up and how the rules are framed by the Government. Some key areas of concern are listed below: While in the Income-tax there is a separate wing of officers who are trained and specialized in understanding the economics of the business and appreciates the fundamentals of Transfer Pricing, the Customs department follows the valuat

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 18-11-2017 Last Replied Date:- 21-11-2017 – With 23rd meeting of GST Council just over, to consider various implementation issues and rationalize rates etc in next meeting, here are few suggestions which ought to be decided by the Council. It is high time that petroleum products presently kept out of GST net be brought under GST at the earliest. April 2018 / Budget 2018 could be a good opportunity. If that is not possible now, it should atleast be done for Railways / Metros / Airlines / Transportation and Industrial use meant for production of goods. In income tax Act, 1961, transfer pricing (TP) provisions provide for computation of Arms Length Price (ALP) as per TP methods

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ed input tax credit thereon. Motor vehicles are important like any other business asset / equipment / plant / machinery. It should be made clear that second hand / used vehicle sale will not attract GST if sold to unregistered person or if it was not a business asset for a seller (personal use). Electricity used for commercial purposes (non-domestic) may be brought under GST net with a lower special rate. Generation of power through wind mills can also be taxed with input credit facility. In most of the cases, this is an investment or that planning exercise. Exemption to Resident Welfare Association (RWA) for maintenance of residential units deserves to be extended to units / offices in malls / commercial complexes which will be a great res

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ness / professional purposes. Restaurants may be categorized into two categories – serving alcoholic beverages and non-serving alco-beverages. The requirement of air conditioning be done away with as in almost all cases, it has become a necessity and can no longer be considered a luxury- be it at J&K, Rajasthan, Mumbai or Delhi or anywhere. Alco beverages are out of GST regime due to legal / political compulsion for no fault of this industry. In all fairness, there should be some tax benefit for all input taxes paid on input / input services while manufacturing alco-beverages. Though this is a non- priority, looking at consumption levels, it ultimately burdens the consumer, yet yielding huge tax revenue. There can be some refund mechani

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