Extension of time in FORM GST ITC-01

Extension of time in FORM GST ITC-01
CT/LEG/GST-NT/12/17/1919-029/2017 Dated:- 21-12-2017 Nagaland SGST
GST – States
Nagaland SGST
Nagaland SGST
GOVERNMENT OF NAGALAND
OFFICE OF THE COMMISSIONER OF STATE TAXES
NAGALAND: DIMAPUR
Dated Dimapur, the 21st December, 2017
NOTIFICATION- 29/2017
NO.CT/LEG/GST-NT/12/17/1919.- In pursuance of section 168 of the Nagaland Goods and Services Tax Act, 2017 (4 of 2017) (hereinafter referred to as the said Act) and clause (b) of sub-rule (1)

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Extension of time in FORM GST CMP-03

Extension of time in FORM GST CMP-03
16/2017-GST Dated:- 21-12-2017 Nagaland SGST
GST – States
GOVERNMENT OF NAGALAND
OFFICE OF THE COMMISSIONER OF STATE TAXES
NAGALAND: DIMAPUR
Dated Dimapur, the 21st December, 2017
Order No. 16/2017-GST
Subject: Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03
In exercise of the powers conferred by sub-rule (4) of rule 3 of th

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Extension in the period for intimation of details of stock in FORM GST CMP-03

Extension in the period for intimation of details of stock in FORM GST CMP-03
F. 17 (131)ACCT/GST/2017/ 2951 Dated:- 21-12-2017 Rajasthan SGST
GST – States
Rajasthan SGST
Rajasthan SGST
GOVERNMENT OF RAJASTHAN
COMMERCIAL TAXES DEPARTMENT
NOTIFICATION
Jaipur, Dated December 21, 2017
In exercise of the powers conferred by sub-rule (4) of rule 3 of the Rajasthan Goods and Services Tax Rules, 2017 read with section 168 of the Rajasthan Goods and Services Tax Act, 2017 (hereafter r

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Seeks to extend the time limit for filing FORM GST ITC-01.

Seeks to extend the time limit for filing FORM GST ITC-01.
F. No. 3240/CTD/GST/2017/08 Dated:- 21-12-2017 Puducherry SGST
GST – States
Puducherry SGST
Puducherry SGST
GOVERNMENT OF PUDUCHERRY
COMMERCIAL TAXES DEPARTMENT
F. No. 3240/CTD/GST/2017/08.
Puducherry, the 21st December 2017.
NOTIFICATION
In pursuance of section 168 of the Puducherry Goods and Services Tax Act, 2017 (Act No. 6 of 2017) (hereinafter referred to as the said Act) and clause (b) of sub-rule (1) of rule 40

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The Puducherry Goods and Services Tax (Thirteenth Amendment) Rules, 2017.

The Puducherry Goods and Services Tax (Thirteenth Amendment) Rules, 2017.
G.O. Ms. No. 59/CT/2017-18 Dated:- 21-12-2017 Puducherry SGST
GST – States
Puducherry SGST
Puducherry SGST
GOVERNMENT OF PUDUCHERRY
COMMERCIAL TAXES SECRETARIAT
(G.O. Ms. No. 59/CT/2017-18,
Puducherry, dated 21st December 2017)
NOTIFICATION
In exercise of the powers conferred by section 164 of the Puducherry Goods and Services Tax Act, 2017 (Act No. 6 of 2017), the Lieutenant-Governor, Puducherry, hereby makes the following rules further to amend the Puducherry Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the Puducherry Goods and Services Tax (Thirteenth Amendment) Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Puducherry Goods and Services Tax Rules, 2017, –
(i) in FORM GSTR-1, for Table – 6, the following shall be substituted, namely:-
“6. Zero rated supplies and Deemed Exports
GSTIN of reci

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State Tax/Union territory Tax
No.
Date
Taxable Value
Integrated Tax
Central Tax
State Tax/Union territory Tax
1
2
3
4
5
6
7
8
9
10
11
12
13
“;
(c) after Statement 5A, the following Statement shall be inserted, namely:-
“Statement 5B [rule 89(2)(g)]
Refund Type: On account of deemed exports
(Amount in Rs)
Sl.No.
Details of invoices of outward supplies in case refund is claimed by supplier/Details of invoices of inward supplies in case refund is claimed by recipient
Tax paid
No.
Date
Taxable Value
Integrated Tax
Central Tax
State Tax /Union Territory Tax
Cess
1
2
3
4
5
6
7
8
;”
(d) for the DECLARATION [rule 89(2)(g)], the following shall be substituted, namely:-
“DECLARATION [rule 89(2)(g)]
(For recipient/supplier of deemed export)
In case refund claimed by recipient
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and t

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ation / Status”;
(iii) in FORM GST RFD-01A,-
(a) in Table 7, in clause (g), for the words “Recipient of deemed export”, the words “Recipient of deemed export/ Supplier of deemed export” shall be substituted;
(b) after the DECLARATION [rule 89(2)(f)], the following shall be inserted, namely:-
“DECLARATION [rule 89(2)(g)]
(For recipient/supplier of deemed export)
In case refund claimed by recipient
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period. I also declare that the supplier has not claimed refund with respect to the said supplies.
In case refund claimed by supplier
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the

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M/s. Sas Automotive Pvt. Ltd. Versus Superintendent Of Goods & Services Tax And Others

M/s. Sas Automotive Pvt. Ltd. Versus Superintendent Of Goods & Services Tax And Others
Central Excise
2018 (2) TMI 1623 – ALLAHABAD HIGH COURT – 2018 (9) G. S. T. L. 380 (All.)
ALLAHABAD HIGH COURT – HC
Dated:- 21-12-2017
Misc. Bench No. – 31329 of 2017
Central Excise
Mr. Devendra Kumar Upadhyaya And Mr. Rajesh Singh Chauhan, JJ.
For The Petitioner : Abhinav Mehrotra,Ashish Chaturvedi,Devashish A Mehrotra
For The Respondent : A. S. G, Dipak Seth
ORDER
Heard learned counsel for the petitioner, Sri Dipak Seth, learned counsel for respondent nos. 1,2 and 3 and Sri Shiv P. Shukla, learned counsel for respondent no.4.
The petitioner, by means of this petition, has sought a direction to be issued to respondent no.3 i.e

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ing for respondent nos.1,2 and 3 has stated that in fact the petitioner in ordinary course ought to have already been served with show cause notice and the order in original dated 17.10.2012 and 06.01.2017, receptively and as such there is no occasion for the petitioner to have applied again for seeking certified copies of the said documents. He has further stated that application made by the petitioner is nothing but a ploy to overcome the limitation in preferring the appeal which may be filed by the petitioner against the original order dated 06.01.2017. He has further stated that in fact the Adjudicating Authority is the Commissioner, CGST and Central Excise and accordingly application ought to have been made, if at all, by the petitione

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.01.2017.
Denial of certified copies of the documents cannot be justified specially if the show cause notice and the order in original is in relation to the petitioner itself. The submission that the petitioner ought to have made application for seeking the certified copy of the documents to the Commissioner and not to any other authority can also not be appreciated for the reason that ordinarily the petitioner ought to have made application to the custodian of the said records for providing certified copies thereof, however, even if he had made an application to some other authority, the appropriate course would have been that the said authority ought to have referred the matter to the competent authority for taking decision on the prayer

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The Rajasthan Goods and Services Tax (Thirteenth Amendment) Rules, 2017

The Rajasthan Goods and Services Tax (Thirteenth Amendment) Rules, 2017
F.12(46)FD/Tax/2017-Pt.-IV-147 Dated:- 21-12-2017 Rajasthan SGST
GST – States
Rajasthan SGST
Rajasthan SGST
=============
Document 1
GOVERNMENT OF RAJASTHAN
FINANCE DEPARTMENT
(TAX DIVISION)
NOTIFICATION
JAIPUR, dated: December 21, 2017
In exercise of the powers conferred by section 164 of the Rajasthan Goods and Services Tax Act, 2017 (Act No. 9 of 2017), the State
Government hereby makes the following rules further to amend the Rajasthan Goods and Services Tax Rules, 2017, namely:-
1. Short title and commencement.- (1)These rules may be called The Rajasthan Goods and Services Tax (Thirteenth Amendment)
Rules, 2017.
(2) They shall come into force with immediate effect.
2. Amendment of Form GSTR-1.- In Form GSTR-1 appended to the Rajasthan Goods and Services Tax Rules, 2017, hereinafter
referred to as the said rules, the existing serial number 6 and entries thereto including its table shal

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fund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which
refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period. I
also declare that the supplier has not claimed refund with respect to the said supplies.
In case refund claimed by supplier
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which
refund is being claimed. I also declare that the recipient shall not claim any refund with respect of the said supplies and also, the recipient has not
availed any input tax credit on such supplies.
Signature
Name –
2
đánh
Designation Status
1
UNDERTAKING
I hereby undertake to pay back to the Government the amount of refund sanctioned along with interest in case it is found subsequently that the
requirements of clause (c) of sub-section (2) of

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No.
Details of invoices of outward supplies in case
refund is claimed by supplier/Details of
invoices of inward supplies in case refund is
claimed by recipient
No.
Date
“Statement-5B
[rule 89(2)(g)]
(Amount in Rs)
Tax paid
Taxable Value
Integrated Tax
Central Tax
State/ Union Territory Tax
Cess
1 2 3 4 5 6 7 8
4. Amendment of Form GST RFD-01A.- (1) In Form GST RFD-01A appended to the said rules,-
(i) in clause (g) of serial number 7 of the table, for the existing expression “Recipient of deemed export”, the expression
“Recipient of deemed export supplies/ Supplier of deemed export supplies” shall be substituted;
(ii) after the existing DECLARATION [rule 89(2)(f)], the following shall be inserted, namely:-
DECLARATION [rule 89(2)(g)]
(For recipient/supplier of deemed export)
In case refund claimed by recipient
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which
refund is

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i) after the existing Statement-1 of Annexure-1, the following new Statement-1A shall be inserted, namely:-
Designation Status
“Statement-1A [rule 89(2)(h)]
Refund Type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)]
SI.
Details of invoices of inward
Tax paid on inward supplies
No.
supplies received
1
Details of invoices of outward supplies
Tax paid on outward supplies
issued
No.
Date
Taxable
Value
Integrated
Tax
Central
Tax
State/
Union
territory
No.
Date
Taxable Value
Integrated
Tax
Central
Tax
State/
Union
territory
Tax
Tax
6
7
8
10
11
12
13
(iv) after the existing Statement-5A of Annexure-1, the following new Statement-5B shall be added, namely:-
“Statement-5B [rule 89(2)(g)]
Refund Type: On account of deemed exports
Sl. No.
Details of invoices of outward supplies in case
refund is claimed by supplier/ Details of
invoices of inward supplies in case refund is
claimed by recipient
No.
D

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The TSGST (Thirteenth Amendment) Rules, 2017

The TSGST (Thirteenth Amendment) Rules, 2017
F.1-11(91)-TAX/GST/2017(Part) Dated:- 21-12-2017 Tripura SGST
GST – States
Tripura SGST
Tripura SGST
=============
Document 1
No.460
Registered No. N. E. 930.
TRIPURA
सत्यमेव जयते
GAZETTE
Published by Authority
EXTRAORDINARY ISSUE
Agartala, Thursday, December 21, 2017 A. D., Agrahayana 30, 1939 S. E.
PART| Orders and Notifications by the Government of Tripura,
The High Court, Government Treasury etc.
GOVERNMENT OF TRIPURA
NO.F.1-11(91)-TAX/GST/2017(Part)
FINANCE DEPARTMENT
(TAXES & EXCISE)
Dated, Agartala, the 21st December, 2017.
NOTIFICATION
In exercise of the powers conferred by section 164 of the Tripura State Goods and
Services Tax Act, 2017 (Tripura Act No. 9 of 2017), the State Government hereby makes the
following rules further to amend the Tripura State and Services Tax Rules, 2017, namely:-
2.
(1) These rules may be called the Tripura State

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uted;
(b) after Statement 1, the following Statement shall be inserted, namely:-
Tripura Gazette, Extraordinary Issue, December 21, 2017 A. D.
“Statement 1A [rule 89(2)(h)]
Refund Type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)]
SI.
Details of invoices of
inward supplies
Tax paid on inward supplies
No.
Details of invoices of
outward supplies issued
Tax paid on outward supplies
received
No. Date
Taxable Integrated Central
Value
Tax
Tax
State
Tax
Union
territory
Tax
State
No. Date Taxable Value
Integrated Central
Tax
Tax
Tax
/Union
territory
Tax
1
2
3
4
5
6
7
8
9
10
11
12
13
(c) after Statement 5A, the following Statement shall be inserted, namely:-
“Statement 5B [rule 89(2)(g)]
Refund Type: On account of deemed exports
Sl.
No.
Details of invoices of outward
* supplies in case refund is
claimed by supplier/Details of
invoices of inward supplies in
case refund is claimed by
recipient

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I also declare that the
recipient shall not claim any refund with respect of the said supplies and also, the recipient has not
availed any input tax credit on such supplies.
Signature
Name –
Designation / Status
UNDERTAKING
I hereby undertake to pay back to the Government the amount of refund sanctioned along with
interest in case it is found subsequently that the requirements of clause (c) of sub-section (2) of
section 16 read with sub-section (2) of section 42 of the CGST/SGST Act have not been complied
with in respect of the amount refunded.
Signature
Name -*
Designation/Status”;
(iii) in FORM GST RFD-01A,-
(a) in Table 7, in clause (g), for the words “Recipient of deemed export”, the words
“Recipient of deemed export/ Supplier of deemed export” shall be substituted;
(b) after the DECLARATION [rule 89(2)(f)], the following shall be inserted,
namely:-
“DECLARATION [rule 89(2)(g)]
(For recipient/supplier of deemed export)
In case refund claimed by recipient
I her

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hat the requirements of clause (c) of sub-section (2) of
section 16 read with sub-section (2) of section 42 of the CGST/SGST Act have not been complied
with in respect of the amount refunded.
Signature
Name –
Designation Status”;
(c) after Statement 1, the following Statement shall be inserted, namely:-
“Statement 1A [rule 89(2)(h)]
Refund Type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)]
Details of invoices of
S1.
inward supplies
Tax paid on inward supplies
No.
Details of invoices of
outward supplies issued
Tax paid on outward supplies
received
Taxable Integrated Central
No.
Date
Value
Tax
Tax
State
Tax
/Union
territory
Tax
State
Tax
No.
Date
Taxable Value
Integrated
Tax
Central
Tax
/Union
territory
Tax
1
2
3
4
и
6
7
8
9
10
11
12
13
(d) after Statement 5A, the following Statement shall be inserted, namely:-
4
Tripura Gazette, Extraordinary Issue, December 21, 2017 A. D.
“State

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Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03

Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03
F.1-11(100)-TAX/GST/2017/11289-96 Dated:- 21-12-2017 Tripura SGST
GST – States
GOVERNMENT OF TRIPURA
OFFICE OF THE CHIEF COMMISSIONER OF STATE TAX
PANDIT NEHRU COMPLEX, GURKHABASTI, AGARTALA
No.F.1-11(100)-TAX/GST/2017/11289-96
Dated, Agartala, the 21st December, 2017.
ORDER
Subject: Extension of time limit for in

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Extension of time limit for intimation of details of stock held on the date preceding the from which the option for composition levy is exercised in FORM GST CMP-03

Extension of time limit for intimation of details of stock held on the date preceding the from which the option for composition levy is exercised in FORM GST CMP-03
11/2017 Dated:- 21-12-2017 Chhattisgarh SGST
GST – States
Commissioner of State Tax
Chhattisgarh, Raipur
Order No. 11/2017-GST
Raipur Dated , 21 December, 2017
Subject: Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in

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The West Bengal Goods and Services Tax (Thirteenth Amendment) Rules, 2017.

The West Bengal Goods and Services Tax (Thirteenth Amendment) Rules, 2017.
2274–F.T.-70/2017-State Tax Dated:- 21-12-2017 West Bengal SGST
GST – States
West Bengal SGST
West Bengal SGST
GOVERNMENT OF WEST BENGAL
FINANCE DEPARTMENT
REVENUE
NOTIFICATION
No. 2274-F.T.
Dated, Howrah, the 21st day of December, 2017
No. 70/2017-State Tax
In exercise of the powers conferred by section 164 of the West Bengal Goods and Services Tax Act, 2017 (West Ben. XXVIII of 2017), the Governor is pleased hereby to make the following rules further to amend the West Bengal Goods and Services Tax Rules, 2017:-
(1) These rules may be called the West Bengal Goods and Services Tax (Thirteenth Amendment) Rules, 2017.
(2) They shall come into force with immediate effect.
2. In the West Bengal Goods and Services Tax Rules, 2017,-
(i) in FORM GSTR-1, for Table – 6, the following shall be substituted, namely:-
“6. Zero rated supplies and Deemed Exports
GSTIN of recipient
Invoice detail

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tate/Union territory Tax
No.
Date
Taxable Value
Integrated Tax
Central Tax
State/Union territory Tax
1
2
3
4
5
6
7
8
9
10
11
12
13
";
(c) after Statement 5A, the following Statement shall be inserted, namely:-
"Statement 5B [rule 89(2)(g)]
Refund Type: On account of deemed exports
(Amount in Rs)
Sl.No.
Details of invoices of outward supplies in case refund is claimed by supplier/Details of invoices of inward supplies in case refund is claimed by recipient
Tax paid
No.
Date
Taxable Value
Integrated Tax
Central Tax
State/Union Territory Tax
Cess
1
2
3
4
5
6
7
8
;"
(d) for the DECLARATION [rule 89(2)(g)], the following shall be substituted, namely:-
"DECLARATION [rule 89(2)(g)]
(For recipient/supplier of deemed export)
In case refund claimed by recipient
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed an

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ion / Status";
(iii) in FORM GST RFD-01A,-
(a) in Table 7, in clause (g), for the words "Recipient of deemed export", the words "Recipient of deemed export supplies/ Supplier of deemed export supplies" shall be substituted;
(b) after the DECLARATION [rule 89(2)(f)], the following shall be inserted, namely:-
"DECLARATION [rule 89(2)(g)]
(For recipient/supplier of deemed export)
In case refund claimed by recipient
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period. I also declare that the supplier has not claimed refund with respect to the said supplies.
In case refund claimed by supplier
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax per

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Extension of time limit for filing FORM GSTR-5 till 31.01.2018

Extension of time limit for filing FORM GSTR-5 till 31.01.2018
25–C.T./GST-68/2017-State Tax Dated:- 21-12-2017 West Bengal SGST
GST – States
West Bengal SGST
West Bengal SGST
GOVERNMENT OF WEST BENGAL
DIRECTORATE OF COMMERCIAL TAXES
14, BELIAGHATA ROAD, KOLKATA -700015
NOTIFICATION BY THE COMMISSIONER OF STATE TAX
Notification No. 25-C.T./GST Dated: 21/12/2017
Notification No. 68/2017-State Tax
In exercise of the powers conferred by sub-section (6) of section 39 read with

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Extension of time limit for filing FORM GST ITC-01 till 31.01.2018

Extension of time limit for filing FORM GST ITC-01 till 31.01.2018
24–C.T./GST-67/2017-State Tax Dated:- 21-12-2017 West Bengal SGST
GST – States
West Bengal SGST
West Bengal SGST
GOVERNMENT OF WEST BENGAL
DIRECTORATE OF COMMERCIAL TAXES
14, BELIAGHATA ROAD, KOLKATA -700015
NOTIFICATION BY THE COMMISSIONER OF STATE TAX
Notification No. 24-C.T./GST Dated: 21/12/2017
Notification No. 67/2017 – State Tax
In pursuance of section 168 of the West Bengal Goods and Services Tax Ac

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Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03.

Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03.
27/WBGST/PRO/17-18 Dated:- 21-12-2017 West Bengal SGST
GST – States
GOVERNMENT OF WEST BENGAL
DIRECTORATE OF COMMERCIAL TAXES
14, BELIAGHATA ROAD, KOLKATA -700015
O R D E R
No.: 27/WBGST/PRO/17-18
Dated: 21/12/2017
Subject: Extension of time limit for intimation of details of stock held on the date preceding the

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Extension of time-limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03.

Extension of time-limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03.
11/2017-Puducherry GST Dated:- 21-12-2017 Puducherry SGST
GST – States
GOVERNMENT OF PUDUCHERRY
COMMERCIAL TAXES DEPARTMENT
F. No. 3074/CTD/GST/2017.
Puducherry, the 21st December 2017.
ORDER
No. 11/2017-Puducherry GST
Subject : Extension of time-limit for intimation of details of stock held on the date preceding

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The Arunachal Pradesh Goods and Services Tax (Tenth Amendment) Rules, 2017.

The Arunachal Pradesh Goods and Services Tax (Tenth Amendment) Rules, 2017.
63/2017-State Tax Dated:- 21-12-2017 Arunachal Pradesh SGST
GST – States
Arunachal Pradesh SGST
Arunachal Pradesh SGST
GOVERNMENT OF ARUNACHAL PRADESH
DEPARTMENT OF TAX & EXCISE
ITANAGAR

Notification No. 63/2017-State Tax
The 21st December, 2017
No. GST/23/2017.- In exercise of the powers conferred by section 164 of the Arunachal Pradesh Goods and Services Tax Act, 2017 (7 of 2017), the State Government hereby makes the following rules further to amend the Arunachal Pradesh Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the Arunachal Pradesh Goods and Services Tax (Tenth Amendment) Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Arunachal Pradesh Goods and Services Tax Rules, 2017, –
(i) in FORM GSTR-1, for Table – 6, the following shall be substituted, namely:-
“6. Zero rated supplies and Dee

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ntegrated Tax
Central Tax
State Tax/Union territory Tax
No.
Date
Taxable Value
Integrated Tax
Central Tax
State Tax/Union territory Tax
1
2
3
4
5
6
7
8
9
10
11
12
13
“;
(c) after Statement 5A, the following Statement shall be inserted, namely:-
“Statement 5B [rule 89(2)(g)]
Refund Type: On account of deemed exports
(Amount in Rs)
Sl.No.
Details of invoices of outward supplies in case refund is claimed by supplier/Details of invoices of inward supplies in case refund is claimed by recipient
Tax paid
No.
Date
Taxable Value
Integrated Tax
Central Tax
State Tax /Union Territory Tax
Cess
1
2
3
4
5
6
7
8
;”
(d) for the DECLARATION [rule 89(2)(g)], the following shall be substituted, namely:-
“DECLARATION [rule 89(2)(g)]
(For recipient/supplier of deemed export)
In case refund claimed by recipient
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which ref

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ignature
Name –
Designation / Status”;
(iii) in FORM GST RFD-01A,-
(a) in Table 7, in clause (g), for the words “Recipient of deemed export”, the words “Recipient of deemed export/ Supplier of deemed export” shall be substituted;
(b) after the DECLARATION [rule 89(2)(f)], the following shall be inserted, namely:-
“DECLARATION [rule 89(2)(g)]
(For recipient/supplier of deemed export)
In case refund claimed by recipient
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period. I also declare that the supplier has not claimed refund with respect to the said supplies.
In case refund claimed by supplier
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund

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M/s. Sapna Goods Carrier & Another Versus Union Of India Thru' Its Secy. & 6 Others

M/s. Sapna Goods Carrier & Another Versus Union Of India Thru' Its Secy. & 6 Others
GST
2018 (4) TMI 97 – ALLAHABAD HIGH COURT – 2018 (10) G. S. T. L. 539 (All.)
ALLAHABAD HIGH COURT – HC
Dated:- 21-12-2017
WRIT TAX No. – 718 of 2017
GST
Bharati Sapru, And Saumitra Dayal Singh, JJ.
Counsel for Petitioner:- Rahul Agarwal
Counsel for Respondent:- C.S.C.,A.S.G.I.,Gyan Narayan Kanaujiya
Heard Sri Rahul Agarwal learned counsel for the petitioner and Sri C.B. Tripathi learned special counsel for the revenue.
The affidavit of service dated 19.12.2017 filed on behalf of respondent no.6 by the learned Special Counsel Sri C.B. Tripathi today in court, is taken on record. After the amendment made in the writ petition, the pet

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een seized on 15.10.2017 and on that date itself penalty notice was issued under section 129 (3) of the U.P. G.S.T. Act, 2017. Ultimately the date fixed in the matter was 27.10.2017 and the impugned order appears to have been passed on 28.10.2017 imposing penalty equal to 100% of the value of goods seized together five per cent tax thereon. It is in the above background, the challenge has been raised both seizure as also to the penalty order. In so far as the penalty order is concerned, it is disputed by the petitioner that the same was ever served on it.
Upon instructions received, Sri C.B. Tripathi learned counsel for the revenue states that there appears that the penalty order was passed ex parte and there are some defects in the same.

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i.e. original tax invoices, goods receipts etc. are being claimed to have been issued to cover the transactions.
Since the revenue disputes the existence of those documents, an enquiry may be required to be conducted in that regard. However prima facie the petitioner being a registered dealer inside the State of U.P.,no useful purpose would be served in allowing the goods to continue under detention.
Accordingly it is provided that subject to the petitioner's furnishing an adequate security in the shape of indemnity bond to the satisfaction of the proper officer for the value of goods seized, the goods as well as the vehicle so seized pursuant to the impugned notice, shall be released forthwith. It is also stated that the tax had alr

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Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03.

Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03.
Order No. 11 Dated:- 21-12-2017 Tamil Nadu SGST
GST – States
Government of Tamilnadu
Office of the Principal Secretary / Commissioner of Commercial Taxes,
Ezhilagam Chepauk Chennai -600 005.
Order issued by commissioner of State Tax,
CHENNAI, Wednesday, December 21, 2017
(Maargazhi 6, Hevelambi, Thiruvalluvar andu

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The Tamil Nadu Goods and Services Tax (Eleventh Amendment) Rules, 2017.

The Tamil Nadu Goods and Services Tax (Eleventh Amendment) Rules, 2017.
G.O. Ms. No. 182 Dated:- 21-12-2017 Tamil Nadu SGST
GST – States
Tamil Nadu SGST
Tamil Nadu SGST
GOVERNMENT OF TAMIL NADU
COMMERCIAL TAXES AND REGISTRATION DEPARTMENT
[G.O. Ms. No. 182, Commercial Taxes and Registration (B1), 21th December 2017, Margazhi 6,
Hevilambi, Thiruvalluvar Aandu-2048.]
No. SRO A-59(b)/2017.
In exercise of the powers conferred by section 164 of the Tamil Nadu Goods and Services Tax Act, 2017 (Tamil Nadu Act 19 of 2017), the Governor of Tamil Nadu hereby makes the following rules further to amend the Tamil Nadu Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the Tamil Nadu Goods and Services Tax (Eleventh Amendment) Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Tamil Nadu Goods and Services Tax Rules, 2017,-
(i) in FORM GSTR-1, for Table – 6, the following shall be substituted

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ard supplies
No.
Date
Taxable Value
Integrated Tax
Central Tax
State/Union territory Tax
No.
Date
Taxable Value
Integrated Tax
Central Tax
State/Union territory Tax
1
2
3
4
5
6
7
8
9
10
11
12
13
“;
(c) after Statement 5A, the following Statement shall be inserted, namely:-
“Statement 5B [rule 89(2)(g)]
Refund Type: On account of deemed exports
(Amount in Rs)
Sl.No.
Details of invoices of outward supplies in case refund is claimed by supplier/Details of invoices of inward supplies in case refund is claimed by recipient
Tax paid
No.
Date
Taxable Value
Integrated Tax
Central Tax
State/Union Territory Tax
Cess
1
2
3
4
5
6
7
8
“;
(d) for the DECLARATION [rule 89(2)(g)], the following shall be substituted, namely:-
“DECLARATION [rule 89(2)(g)]
(For recipient/supplier of deemed export)
In case refund claimed by recipient
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for t

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f the amount refunded.
Signature
Name –
Designation / Status”;
(iii) in FORM GST RFD-01A,-
(a) in Table 7, in clause (g), for the words “Recipient of deemed export”, the words “Recipient of deemed export supplies/Supplier of deemed export supplies” shall be substituted;
(b) after the DECLARATION [rule 89(2)(f)], the following shall be inserted, namely:-
“DECLARATION [rule 89(2)(g)]
(For recipient/supplier of deemed export)
In case refund claimed by recipient
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period. I also declare that the supplier has not claimed refund with respect to the said supplies.
In case refund claimed by supplier
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statemen

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ASSISTANT COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX, DIVISION VI (VASTRAPUR) Versus BHARAT SANCHAR NIGAM LIMITED

ASSISTANT COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX, DIVISION VI (VASTRAPUR) Versus BHARAT SANCHAR NIGAM LIMITED
Service Tax
2018 (5) TMI 566 – GUJARAT HIGH COURT – TMI
GUJARAT HIGH COURT – HC
Dated:- 21-12-2017
TAX APPEAL NO. 891 OF 2017
Service Tax
MS. HARSHA DEVANI AND MR. A.S. SUPEHIA JJ.
PRIYANK P LODHA, ADVOCATE FOR THE APPELLANT
(PER: MS. HARSHA DEVANI)
1. By this appeal, under section 35G of the Central Excise Act, 1944 read with section 83 of the Finance Act, 1994, the appellant has called in question the order dated 20.01.2017 passed by the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as “the Tribunal”), by proposing the following question stated to be a substantial qu

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In order to the extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in form GST CMP-03.

In order to the extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in form GST CMP-03.
NO.CCW/GST/74/2015 Dated:- 21-12-2017 Andhra Pradesh SGST
GST – States
GOVERNMENT OF ANDHRA PRADESH
COMMERCIAL TAXES DEPARTMENT
ORDER NO.CCW/GST/74/2015,
DATED 21-12-2017
In exercise of the powers conferred by sub-rule (4) of rule 3 of the Andhra Pradesh Goods and Services Tax Rules, 2017 read with

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Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03

Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03
Order No. 11/2017 Dated:- 21-12-2017 Central GST (CGST)
GST
CGST
CGST
F. No. 349/58/2017-GST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
***
New Delhi, the 21st December, 2017
Order No. 11/2017-GST
Subject: Extension of time limit for intimation of deta

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Difficulties in Filing GSTR TRAN-1

Difficulties in Filing GSTR TRAN-1
Query (Issue) Started By: – Nageswara Rao Sripada Dated:- 20-12-2017 Last Reply Date:- 22-12-2017 Goods and Services Tax – GST
Got 4 Replies
GST
Query No.1: We were holding TIN No. 28935428255 in the erstwhile and combined State of Andhra Pradesh. We have filed the return “ORIGINAL MONTHLY RETURN FOR VALUE ADDED TAX (FORM VAT 200)” for the month of May, 2014 [last return] on 23.06.2014, carrying out a balance of input credit of Rs.32,85,460/-. Consequent to separation of state, we have obtained VAT Registration No. 36935428255 in Telanagana State. At the advent of GST w.e.f. 01.07.2017, we filed “ORIGINAL MONTHLY RETURN FOR VALUE ADDED TAX (FORM VAT 200)” [last] for the month of June, 2017 on

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017 and we filed the E.R.1 for January, 2017 on 04.02.2017. As the factory has been closed since then, we filed NIL E.R.1 returns for the Months of February, March, April, May and June, 2017 (the E.R.1 for June, 2017 filed on 04.07.2017. The balance as on 31.01.2017 (as shown in E.R.1 for January, 2017) were not carried over in these returns as the returns are NIL. To claim the transitional credit of ₹ 82,22,897/- in the GSTR TRAN-1, the system is not accepting submission with the remarks “Records with processed with error exists. Kindly Edit/Delete to proceed further”. Any number of time we repeat the entries, the same remarks are being exhibited and we are not able to submit and file the GSTR-TRAN-1. If we do not file GSTR-TRAN-1, i

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Implementation of GST Under the Ministry

Implementation of GST Under the Ministry
GST
Dated:- 20-12-2017

The implementation of GST in the country has been largely smooth barring a few teething problems. Further, it is informed that GST has been implemented in all sectors except on the supply of alcoholic liquor for human consumption, on the supply of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel.
It is not a fact that ₹ 65000 crores are to be refunded to exporters during July-October quarter as per available refund claims lodged with the government.
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 inte

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the GSTR 1 and GSTR 3B is matching with the details filed by them in Shipping bills, the refunds have already been disbursed. But there are many cases where the refund of IGST could not be done due to errors in the EGM /GSTR 1 return/Shipping Bill. The analysis of the common errors that are hindering the disbursal of IGST refund, and decisions taken to address such errors were also circulated to field formations of Customs. Also a circular detailing the manual filing and processing of refund claims in respect of zero-rated supplies has been issued by CBEC.
Various representations on GST have been received from various stakeholders including Export Promotion Councils from time to time and the issues flagged are being raised with the GST Co

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ITC on hotel rent -Section 17 (5) (g) of CGST act

ITC on hotel rent -Section 17 (5) (g) of CGST act
Query (Issue) Started By: – janakiraman iyer Dated:- 20-12-2017 Last Reply Date:- 21-12-2017 Goods and Services Tax – GST
Got 5 Replies
GST
Section 17 (5) (g) of CGST denies credit on goods and services or both used for personal consumption. In the light of this when an employee travels on business and avails hotel accommodation, whether GST on the hotel rent is eligible for ITC, as the services is consumed by the employee for person

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