Extends the time limit for furnishing the return by an Input Service Distributor in FORM GSTR-6.

Extends the time limit for furnishing the return by an Input Service Distributor in FORM GSTR-6.
EXN-F(10)-05/2018-08/2018-State Tax Dated:- 30-1-2018 Himachal Pradesh SGST
GST – States
Himachal Pradesh SGST
Himachal Pradesh SGST
Government of Himachal Pradesh
Excise and Taxation Department
Notification No. 08/2018-State Tax
No.EXN-F(10)-5/2018 Dated: Shimla-2 30th January, 2018
In exercise of the powers conferred by sub-section (6) of section 39 read with section 168 of the H

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Notifies www.gst.gov.in and www.ewaybillgst.gov.in.

Notifies www.gst.gov.in and www.ewaybillgst.gov.in.
EXN-F(10)-05/2018-09/2018-State Tax Dated:- 30-1-2018 Himachal Pradesh SGST
GST – States
Himachal Pradesh SGST
Himachal Pradesh SGST
Government of Himachal Pradesh
Excise and Taxation Department
Notification No. 09/2018-State Tax
No.EXN-F(10)-05/2018 Dated: Shimla-2 30th January, 2018
In exercise of the powers conferred by section 146 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017), and in supersession of the notification No. 4/2017 – State Tax dated 24th June, 2017, published in the Gazette of Himachal Pradesh, vide number EXN-F(10)- 13/2017, dated the 24th June, 2017, except as respects things done or omitted to be done before such supersession, t

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The Jharkhand Goods and Services Tax (Amendment) Rules, 2018.

The Jharkhand Goods and Services Tax (Amendment) Rules, 2018.
S.O. No. 07-03/2018-State Tax Dated:- 30-1-2018 Jharkhand SGST
GST – States
Jharkhand SGST
Jharkhand SGST
COMMERCIAL TAXES DEPARTMENT

NOTIFICATION
30th January, 2018
Notification No. – 03/2018-State Tax
S.O. No. 7 Dated – 30th January, 2018:- In exercise of the powers conferred by section 164 of the Jharkhand Goods and Services Tax Act, 2017 (12 of 2017), the State Government hereby makes the following rules further to amend the Jharkhand Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the Jharkhand Goods and Services Tax (Amendment) Rules, 2018.
(2) This notification shall be deemed to be effective from 23rd January, 2018.
2. In the Jharkhand Goods and Services Tax Rules, 2017, –
(i) in rule 3, in sub-rule (3A), for the words “ninety days”, the words “one hundred and eighty days” shall be substituted;
(ii) with effect from 1st January, 2018, in rule 7, in the Table,
(a)

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spect of supplies specified below shall be determined in the manner provided hereinafter.
(2) (a) The value of supply of lottery run by State Governments shall be deemed to be 100/112 of the face value of ticket or of the price as notified in the Official Gazette by the organizing State, whichever is higher.
(b) The value of supply of lottery authorised by State Governments shall be deemed to be 100/128 of the face value of ticket or of the price as notified in the Official Gazette by the organising State, whichever is higher.
Explanation:- For the purposes of this sub-rule, the expressions-
(a) “lottery run by State Governments” means a lottery not allowed to be sold in any State other than the organizing State;
(b) “lottery authorised by State Governments” means a lottery which is authorised to be sold in State(s) other than the organising State also; and
(c) “Organising State” has the same meaning as assigned to it in clause (f) of sub-rule (1) of rule 2 of the Lotteries (R

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count, except in case of a banking company or a financial institution including a non-banking financial company, engaged in supplying services by way of accepting deposits, extending loans or advances; and
(c) the value of supply of services by way of transportation of goods by a vessel from the customs station of clearance in India to a place outside India.”;
(vii) in rule 54, after sub-rule (1), the following sub-rule shall be inserted, namely:-
“(1A)(a) A registered person, having the same PAN and State code as an Input Service Distributor, may issue an invoice or, as the case may be, a credit or debit note to transfer the credit of common input services to the Input Service Distributor, which shall contain the following details:-
(i) name, address and Goods and Services Tax Identification Number of the registered person having the same PAN and same State code as the Input Service Distributor;
(ii) a consecutive serial number not exceeding sixteen characters, in one or multi

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the tax invoice or the bill of supply issued in accordance with the provisions of rules 46, 46A or 49 in a case where such person is not required to carry an e-way bill under these rules.”;
(ix) with effect from 23rd October, 2017, in rule 89, for sub-rule (4A) and sub-rule (4B), the following sub-rules shall be substituted, namely:-
“(4A) In the case of supplies received on which the supplier has availed the benefit of the Government of Jharkhand, Department of Commercial Taxes, notification No. S.O 113 -State Tax dated the 24th October, 2017 published in the Gazette of Jharkhand, refund of input tax credit, availed in respect of other inputs or input services used in making zero-rated supply of goods or services or both, shall be granted.
(4B) In the case of supplies received on which the supplier has availed the benefit of notification No.40/2017 -State Tax (Rate) dated the 9th November, 2017 published in the Gazette of Jharkhand vide S.O 120 or notification No. 41/2017-Integrate

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ted by the Customs shall process the claim for refund”, the words “the system designated by the Customs or the proper officer of Customs, as the case may be, shall process the claim of refund in respect of export of goods ” shall be substituted;
(d) for sub-rule (9), the following sub-rules shall be substituted, namely:-
“(9) The application for refund of integrated tax paid on the services exported out of India shall be filed in FORM GST RFD-01 and shall be dealt with in accordance with the provisions of rule 89”.
(10) The persons claiming refund of integrated tax paid on exports of goods or services should not have received supplies on which the supplier has availed the benefit of the Government of Jharkhand, Department of Commercial Taxes, notification No. S.O 113-State Tax dated 24.10.2017 published in the Gazette of Jharkhand or notification No. 40/2017 -State Tax (Rate) dated the 9th November, 2017 published in the Gazette of Jharkhand vide S.O 120 or notification No. 41/2017-

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may be required at the common portal and a unique number will be generated on the said portal:
Provided that where goods are sent by a principal located in one State to a job worker located in any other State, the e-way bill shall be generated by the principal irrespective of the value of the consignment:
Provided further that where handicraft goods are transported from one State to another by a person who has been exempted from the requirement of obtaining registration under clauses (i) and (ii) of section 24, the e-way bill shall be generated by the said person irrespective of the value of the consignment.
Explanation 1. – For the purposes of this rule, the expression “handicraft goods” has the meaning as assigned to it in the Government of Jharkhand, Department of Commercial Taxes, notification No. S.O 84-State Tax dated the 5th October, 2017 published in the Gazette of Jharkhand as amended from time to time.
Explanation 2.- For the purposes of this rule, the consignment value

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the serial number and date of the Railway Receipt or the Air Consignment Note or Bill of Lading, as the case may be.
(3) Where the e-way bill is not generated under sub-rule (2) and the goods are handed over to a transporter for transportation by road, the registered person shall furnish the information relating to the transporter on the common portal and the e-way bill shall be generated by the transporter on the said portal on the basis of the information furnished by the registered person in Part A of FORM GST EWB-01:
Provided that the registered person or, the transporter, as the case may be may, at his option, generate and carry the e-way bill even if the value of the consignment is less than fifty thousand rupees:
Provided further that where the movement is caused by an unregistered person either in his own conveyance or a hired one or through a transporter, he or the transporter may, at their option, generate the e-way bill in FORM GST EWB-01 on the common portal in the manne

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n the common portal, a unique e-way bill number (EBN) shall be made available to the supplier, the recipient and the transporter on the common portal.
(5) Where the goods are transferred from one conveyance to another, the consigner or the recipient, who has provided information in Part- A of the FORM GST EWB-01, or the transporter shall, before such transfer and further movement of goods, update the details of conveyance in the e-way bill on the common portal in FORM GST EWB-01:
Provided that where the goods are transported for a distance of less than ten kilometers within the State or Union territory from the place of business of the transporter finally to the place of business of the consignee, the details of conveyance may not be updated in the e-way bill.
(5A) The consignor or the recipient, who has furnished the information in Part-A of FORM GST EWB-01, or the transporter, may assign the e-way bill number to another registered or enrolled transporter for updating the informati

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than fifty thousand rupees, the transporter shall generate FORM GST EWB-01 on the basis of invoice or bill of supply or delivery challan, as the case maybe, and may also generate a consolidated e-way bill in FORM GST EWB-02 on the common portal prior to the movement of goods:
Provided that where the goods to be transported are supplied through an e-commerce operator, the information in Part A of FORM GST EWB-01 may be furnished by such e-commerce operator.
(8) The information furnished in Part A of FORM GST EWB-01 shall be made available to the registered supplier on the common portal who may utilize the same for furnishing details in FORM GSTR-1:
Provided that when the information has been furnished by an unregistered supplier or an unregistered recipient in FORM GST EWB-01, he shall be informed electronically, if the mobile number or the e-mail is available.
(9) Where an e-way bill has been generated under this rule, but goods are either not transported or are not transported as

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goods as may be specified therein:
Provided further that where, under circumstances of an exceptional nature, the goods cannot be transported within the validity period of the e-way bill, the transporter may generate another e-way bill after updating the details in Part B of FORM GST EWB-01.
Explanation.-For the purposes of this rule, the “relevant date” shall mean the date on which the e-way bill has been generated and the period of validity shall be counted from the time at which the e-way bill has been generated and each day shall be counted as twenty-four hours.
(11) The details of e-way bill generated under sub-rule (1) shall be made available to the-
(a) supplier, if registered, where the information in Part A of FORM GST EWB-01 has been furnished by the recipient or the transporter; or
(b) recipient, if registered, where the information in Part A of FORM GST EWB-01 has been furnished by the supplier or the transporter,
on the common portal, and the supplier or the recip

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e by Customs;
(d) in respect of movement of goods within such areas as are notified under clause (d) of sub-rule (14) of rule 138 of the Goods and Services Tax Rules of the concerned State;
(e) where the goods, other than de-oiled cake, being transported are specified in the Schedule appended to notification No. 2/2017- State tax (Rate) dated the 29th June, 2017 published in the Gazette of Jharkhand vide S.O 32 as amended from time to time;
(f) where the goods being transported are alcoholic liquor for human consumption, petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas or aviation turbine fuel; and
(g) where the goods being transported are treated as no supply under Schedule III of the Act.
Explanation. – The facility of generation and cancellation of e-way bill may also be made available through SMS.
ANNEXURE
[(See rule 138 (14)]
S. No.
Description of Goods
(1)
(2)
1.
Liquefied petroleum gas for supply to household and non domes

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of services with payment of tax
(Amount in Rs.)
Sr.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
Statement- 3 [rule 89(2)(b) and 89(2)(c)]
Refund Type: Export without payment of tax (accumulated ITC)
(Amount in Rs.)
Sr.No.
Invoice details
Goods/ Services (G/S)
Shipping bill/ Bill of export
EGM Details
BRC/ FIRC
No.
Date
Value
Port code
No.
Date
Ref No.
Date
No.
Date
1
2
3
4
5
6
7
8
9
10
11
12
(b) after Statement 3A, the following Statement shall be inserted, 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 SE

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yers having annual turnover above five crore rupees in the preceding financial year.
2. Document Number may be of Tax Invoice, Bill of Supply, Delivery Challan or Bill of Entry.
3. Transport Document number indicates Goods Receipt Number or Railway Receipt Number or Airway Bill Number or Bill of Lading Number.
4. Place of Delivery shall indicate the PIN Code of place of delivery.
5. Reason for Transportation shall be chosen from one of the following:-
Code
Description
1
Supply
2
Export or Import
3
Job Work
4
SKD or CKD
5
Recipient not known
6
Line Sales
7
Sales Return
8
Exhibition or fairs
9
For own use
0
Others
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No. :
Consolidated E-Way Bill Date :
Generator :
Vehicle Number :
Number of E-Way Bills
E-Way Bill Number
“;
(xvi) with effect from 1st February, 2018, in FORM GST EWB-03, for the letters “UT”, at both places where they occur, the words “Union territory” shall be

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Filling of Returns under GST.

Filling of Returns under GST.
02/2018-GST (State) Dated:- 30-1-2018 Tripura SGST
GST – States
=============
Document 1
To
NO.1-11(91)-TAX/GST/2017(Part) 816-41
GOVERNMENT OF TRIPURA
OFFICE OF THE CHIEF COMMISSIONER OF STATE TAX
PANDIT NEHRU COMPLEX, GURKHABASTI
AGARTALA, TRIPURA WEST, PIN-799006.
Th
Dated, Agartala, the 30 January, 2018.
Circular No.02/2018 – GST (State)
The Additional Commissioner State Tax/
Deputy Commissioner of State Tax/
Assistant Commissioner of State Tax/
Superintendents of State Tax(All)/
Inspectors of State Tax(All)
Subject: Filing of Returns under GST- regarding
The GST Council, in its 23rd meeting held at Guwahati on 10th November, 2017, has
taken certain decisions in regard to filing of returns by taxpayers. Subsequently, various
representations have been received seeking clarifications on various aspects of return filing
such as return filing dates, applicability and quantum of late fee, amendment of errors in
submitting

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their FORM GSTR-3B on
a monthly basis in terms of Notification No. 1-11(100)-TAX/GST/2017 (Tripura Gazette No.
332) dated 16th September, 2017 and No. 1-11(100)-TAX/GST/2017 (Tripura Gazette No.
430) dated 16th November, 2017. Further, Notification No. 1-11(91)-TAX/GST/2017(Part)
(Tripura Gazette No. 7) dated 5th January, 2018 (superseding Notification No. No. 1-11(91)-
TAX/GST/2017(Part) (Tripura Gazette No. 442) dated 22nd November, 2017 and Notification
No. 72/2017 – Central Tax dated 29th December 2017 (superseding Notification No. 58/2017-
Central Tax dated 15th November, 2017) have been issued to notify the due dates for filing of
outward supply statement in FORM GSTR-1 for various months / quarters (as depicted in
the calendar above) by registered persons having aggregate turnover in the previous financial
year or current financial year of upto 1.5 Crores rupees and above 1.5 Crores rupees
respectively. Since, the option of quarterly filing was not available earlier,

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te for
filing of FORM GSTR-4 is within eighteen days after the end of such quarter.
1.5 It is also clarified that the registered person will self-assess his aggregate turnover in
terms of Section 2(6) of the CGST Act, 2017 for the previous financial year or the current
financial year (in case of new registrants). Based on this self-assessed turnover, the registered
person with turnover up to Rs. 1.5 Crore will be required to file FORM GSTR-1 on quarterly
basis instead of on monthly basis. It is also clarified that the registered person may opt to file
FORM GSTR-1 on monthly basis if he so wishes even though his aggregate turnover is up
to Rs. 1.5 Crore. Once he falls in this bracket or if he chooses to file return on monthly basis,
the registered person will not have the option to change the return filing periodicity for the
entire financial year. In cases, where the registered person wrongly reports his aggregate
turnover and opts to file FORM GSTR-1 on quarterly basis, he

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per day each under CGST
& SGST Acts). Notification No.1-11(91)-TAX/GST/2017(Part) (Tripura Gazette No. 441)
dated 22nd November, 2017 has already been issued in this regard.
3.
3.1
Amendment / corrections / rectification of errors:
Various representations have been received wherein registered persons have requested
for clarification on the procedure for rectification of errors made while filing their FORM
GSTR-3B. In this regard, Circular No. 7/7/2017-GST dated 1st September, 2017 was issued
which clarified that errors committed while filing FORM GSTR – 3B may be rectified while
Page 2 of 11
filing FORM GSTR-1 and FORM GSTR-2 of the same month. Further, in the said circular,
it was clarified that the system will automatically reconcile the data submitted in FORM
GSTR-3B with FORM GSTR-1 and FORM GSTR-2, and the variations if any will either
be offset against output tax liability or added to the output tax liability of the subsequent
months of the registered person.
3.2

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is alongwith the values for current month itself in appropriate tables i.e. Table No. 3.1,
3.2, 4 and 5, as the case may be. It may be noted that while making adjustment in the output
tax liability or input tax credit, there can be no negative entries in the FORM GSTR-3B. The
amount remaining for adjustment, if any, may be adjusted in the return(s) in FORM GSTR-
3B of subsequent month(s) and, in cases where such adjustment is not feasible, refund may
be claimed. Where adjustments have been made in FORM GSTR-3B of multiple months,
corresponding adjustments in FORM GSTR-1 should also preferably be made in the
corresponding months.
5. Where the taxpayer has committed an error in submitting (before offsetting and filing)
the information in FORM GSTR-3B, a provision for editing the same has been provided.
The facility to edit the information can be used only before offsetting the liability and editing
will not be permitted after offsetting the liability. Hence, every care should

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The Assistant Commissioner of State Tax, Government of Tripura for information.
The Superintendent of State Tax, Charge-I / II / III / IV / V / VI / VII / VIII, Agartala /
Dharmanagar Kailasahar / Ambassa / Teliamura / Bishalgarh / Udaipur / Belonia for
information.
The Superintendent of State Tax, Churaibari Enforcement Wing / Ambassa
Enforcement Wing / Agartala Enforcement Wing / Udaipur Enforcement Wing /
Headquarters for information.
The Assistant Statistical Officer, Statistical Section, O/o the Commissioner of Taxes &
Excise, Agartala with request to upload the Circular in the Official website
www.tripurataxes.nic.in
The Inspector of Taxes (All)
9. Guard File.
Page 4 of 11
11/18
(Dr. B. Kaur, IAS)
Chief Commissioner of State Tax
Government of Tripura
Common
Error-I
Stage
Confirmed Submission
Return liabilities / Input tax credit availed
were confirmed and submitted and therefore
no change can be done to the liability. No
action was taken after this step.

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company may use the 'edit return
facility to add such liability in their
submitted return and then proceed for filing
of their return.
,
Company A has four units in Haryana, while filing
their return for the month of July, they
inadvertently, missed on details of a last minute
order. Since, they had already submitted and
confirmed their output supply details, but were not
sure of how to proceed. They added cash in the
cash to the extent of their under reported liability.
What
they
do?
can
The company may use the 'edit return' facility to
add such liability in their submitted return.
Further, the company may generate a fresh
challan under FORM GST PMT-06 to additional
cash or utilize their credit and furnish their return.
Liability may be added in the return of
subsequent month(s) after payment of interest.
Company A has four units in Haryana, while
filing their return for the month of July, they
inadvertently, missed on details of a last minute
order. The Comp

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ay be partially debited to offset
such
liability.
Remaining balance may either be claimed as
refund or used to offset future liabilities.
Company B had reported an inter-State sale
but realized that the same sale was counted
twice and hence was not to be reported. But
the return form was already submitted and
no change could be done to the liabilities.
What can company B do?
In this case, Company B has the option to
use the “edit” facility to reduce such liability
and proceed to file their return.
Company B had reported an inter-State sale but
realized that the same sale was counted twice and
hence was not to be reported or taxed. But the
return form was already submitted and no change
could be done to reduce the liabilities. Further, the
company had already deposited cash in their cash
ledger before realizing this error. What can
company B do?
In this case, Company B has the option to use the
“edit” facility to reduce such liability. Once, this is
done, they ca

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R-1
Page 6 of 11
Stage of Return Filing (GSTR-3B)
Common
Error-III
Stage 1
Confirmed Submission
Return liabilities / Input tax credit
availed were confirmed and
submitted and therefore no change
can be done to the liability. No action
was taken after this step.
Stage 2
Cash Ledger Updated
Cash was added to the electronic cash ledger as per the return
liability. No action was taken after this step.
Use “Edit” facility to rectify wrongly Use “Edit” facility to rectify wrongly reported liability and cash
reported liability.
ledger may be debited to offset new liability, where sufficient
balances are not available* in the credit ledger.
Remaining balance, if any may be either claimed as refund or used
to offset future liabilities.
Company C is registered in the State
of Haryana. While entering their
outward supplies in FORM GSTR-
3B, the company realized that they
had inadvertently, shown inter-State
Liability
supply as intra-State supply and
was wrongly submit

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e or use the same for offsetting future liabilities.
Stage 3
Offset Liability
All liabilities were
offset by debiting the
cash and credit ledger.
No action was taken
after this step.
Stage 4
Return Filed
Return was filed.
Unreported liability may be added in the next
month's return with interest, if applicable.
Also, adjustment may be made in return of
subsequent month(s) or refund may be
claimed where adjustment is not feasible.
Company C was registered in the State of
Haryana. While entering their outward
supplies in FORM GSTR-3B, the company
realized that they had inadvertently, shown
inter-State supply as intra-State supply and
submitted the return. The company paid their
wrong liability and filed their return in order
to avoid late fee and penalty? What can they
do?
Since, the return has already been filed, then
the company will have to report the inter-
State supply in their next month's liability
and adjust their wrongly paid intra-State
liability in

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uent month's liability.
Company D, while filing their FORM GSTR-
3B for the month of July, inadvertently,
misreported Input tax credit of Rs.
1,00,00,000/- as Rs. 10,00,000/-. They had
confirmed and submitted their return. What
can they do?
The company may use the “edit” facility to
add more Input tax credit to their submitted
FORM GSTR-3B. Once, this is done, such
credit will be reflected in their Electronic
Credit ledger and may be utilized to offset
liabilities for this month or for subsequent
months.
No Action required in cash ledger
No Action required in cash ledger
No Action
Input tax credit which was not reported may be
availed while filing return for subsequent
month(s).
Company D, while filing their FORM GSTR – 3B
for the month of July, inadvertently, misreported
Input tax credit of Rs. 1,00,00,000/- as Rs.
10,00,000/-. They had filed their return and paid
Rs. 90,00,000/- in cash. What can they do?
Since, the return has already been filed, Company
D m

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sed such credit
for offsetting their liabilities, they can
reduce their input tax credit by using the
“edit” facility.
While filing their FORM GSTR 3B for the months
of July, 2017, Company E inadvertently, reported
their eligible input tax credit, as Rs. 20,00,000/-
instead of Rs. 10,00,000/-. What can they do?
Since, the company has submitted details of their
input tax credit but not used such credit for
offsetting their liabilities, they can reduce their
input tax credit by using the “edit” facility. Since,
they have deposited Rs. 10,00,000/- only in their
input tax credit ledger they may deposit additional
Rs. 10,00,000/- in the cash ledger by creating
challan in FORM GST PMT-06.
No Action
Stage 3
Offset Liability
All liabilities were offset
by debiting the cash and
credit ledger. No action
was taken after this step.
Stage 4
Return Filed
Return was filed.
Pay (through cash) / Reverse such over reported
input tax credit with interest in return of
subsequen

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uch Additional cash, if required, may be deposited
liability.
in the cash ledger by creating challan in FORM
New Input tax credit will be added to the GST PMT-06
credit ledger.
• Input tax credit reduced will be adjusted
in the credit ledger without any
additional liability
While filing their FORM GSTR 3B for the
months of July, 2017, Company E
inadvertently, reported their Central Tax
credit of Rs. 20,00,000/- as Integrated tax.
What can they do?
While filing their FORM GSTR 3B for the
months of July, 2017, Company E
inadvertently, reported their Central Tax credit
of Rs. 20,00,000/- as Integrated tax. What can
they do?
Use edit facility to claim correct central tax They can use “edit” facility to correct central
credit under the right head.
tax credit under the right head. For offsetting
any integrated tax liability, additional cash may
be deposited in the cash ledger by creating
challan in FORM GST PMT-06.
No Action
Stage 3
Offset Liability
All liabi

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ange in
FORM
GSTR-1
Page 10 of 11
Common
Error – VII
Cash ledger
wrongly
updated
Stage 1
Confirmed Submission
Stage of Return Filing (GSTR – 3B)
Stage 2
Cash Ledger Updated
Return liabilities / Input tax credit availed Cash was added to the electronic cash ledger as
were reported correctly and thereafter per the return liability. No action was taken after
confirmed and submitted. Therefore no
this step
change is required to be done to the liability.
No action was taken after this step.
No Action
No Action
Add cash under the right tax head
and seek cash refund of the cash added under the
wrong tax head.
While filing their FORM GSTR-3B return,
Company F while generating payment challan
added Rs. 5,00,000/- under the Central Tax head,
while they wanted to deposit Rs. 5,00,000/- under
the integrated tax head. What can they do?
Since, they have already filed their challan, they
will have to add Rs. 5,00,000/- in their integrated
tax head and file their return

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Corestrength Traders India Pvt. Ltd. Versus Assistant State Tax Officer, Ernakulam

Corestrength Traders India Pvt. Ltd. Versus Assistant State Tax Officer, Ernakulam
GST
2018 (4) TMI 369 – KERALA HIGH COURT – [2018] 1 GSTL 58 (Ker)
KERALA HIGH COURT – HC
Dated:- 30-1-2018
W. P. (C). No. 3220 of 2018
GST
P.B. Suresh Kumar, J.
For the Petitioner:- Sri. K.S. Bharathan, ADV.
For the Respondent:- Sri.V.K. Shamsudheen, Government Pleader
JUDGMENT
Petitioner seeks release of the goods detained by the respondent under Section 129 of the Central Goods and Serv

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M/s. KERALA CO-OPERATIVE DEVELOPMENT AND WELFARE FUND BOARD Versus UNION OF INDIA, REPRESENTED BY ITS SECRETARY, NEW DELHI AND COMMISSIONER OF CENTRAL GST AND CENTRAL EXCISE, THIRUVANANTHAPURAM

M/s. KERALA CO-OPERATIVE DEVELOPMENT AND WELFARE FUND BOARD Versus UNION OF INDIA, REPRESENTED BY ITS SECRETARY, NEW DELHI AND COMMISSIONER OF CENTRAL GST AND CENTRAL EXCISE, THIRUVANANTHAPURAM
Central Excise
2018 (6) TMI 1145 – KERALA HIGH COURT – 2018 (13) G. S. T. L. 262 (Ker.)
KERALA HIGH COURT – HC
Dated:- 30-1-2018
W.P.(C.) No.1809 of 2018
Central Excise
MR. P. B. SURESH KUMAR, J.
For The Petitioner : Sri.Shaji Thomas, Sri.Jen Jaison And Smt.Rahana Jose
For The Respondent : Sri.N. Nagaresh, ASG, Smt.O.M. Shalina, CGC And Sri. Sreelal N. Warrier, SC
JUDGMENT
Petitioner is the Board constituted for administration of the Kerala Co-operative Development and Welfare Fund established in terms of Section 57A of the Kerala Co-operative Societies Act, 1969 and the Risk Fund established in terms of Section 57D of the said Act. As per Ext.P7 notice, the second respondent has called upon the petitioner to show cause, among others, why service tax amounting to Rs. 1

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st made by the petitioner in Ext.P8 communication. Instead, the second respondent called upon the petitioner to appear for hearing on Ext.P7 notice on 30.08.2017. A representative of the petitioner consequently appeared before the second respondent on 30.08.2017 and sought time till 30.09.2017 for filing objections against the proposal. On the said request, the petitioner was granted time till the middle of September, 2017 and the hearing was, accordingly, adjourned to 20.09.2017. The case of the petitioner is that nobody appeared for the hearing on behalf of the petitioner before the second respondent on 20.09.2017 and nevertheless, Ext.P11 order has been passed as if the representative of the petitioner appeared for the hearing on 20.09.2017 and made submissions on behalf of the petitioner. Ext.P11 order recites that one Udayakumar appeared on behalf of the petitioner for the hearing on 20.09.2017. In order to substantiate the case of the petitioner, they have caused the said Udayaku

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t, 1994. Section 33A of the Central Excise Act, 1944 reads thus :
“33A. Adjudication procedure.- (1)The Adjudicating authority shall, in any proceeding under this Chapter or any other provision of this Act, give an opportunity of being heard to a party in a proceeding, if the party so desires.
(2) The Adjudicating authority may, if sufficient cause is shown, at any stage of proceeding referred to in sub-section (1), grant time, from time to time, to the parties or any of them and adjourn the hearing for reasons to be recorded in writing:
Provided that no such adjournment shall be granted more than three times to a party during the proceeding.”
A reading of Section 33A of the Central Excise Act, 1944 indicates beyond doubt that the scheme of the Central Excise Act is that the adjudicating authority appointed in terms of the said statute shall complete the adjudication proceedings only after affording the parties concerned an opportunity of being heard, if they so desires. The

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ally sought for an opportunity of hearing. In so far as the petitioner sought specifically an opportunity of hearing in the matter in Ext.P10 explanation filed before passing the impugned order, in the light of the provisions contained in Section 33A of Central Excise Act, the second respondent should not have passed orders on the show cause notice, without affording the petitioner an opportunity of hearing. It is all the more so since the petitioner sought time from the very beginning only till the end of September, 2017. It is all the more so also as the petitioner is a statutory body, and in terms of the show cause notice, substantial amounts running to several crores was proposed to be realised from the petitioner. In the said view of the matter, according to me, the order passed on 16.10.2017 is vitiated for noncompliance of the principles of natural justice.
In the result, the writ petition is allowed. Ext.P11 order is quashed and the second respondent is directed to pass fresh

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GST data reveals 50% increase in number of Indirect Taxpayers

GST data reveals 50% increase in number of Indirect Taxpayers
GST
Dated:- 29-1-2018

GST data reveals 50% increase in number of Indirect Taxpayers
Economic Survey says-Maharashtra, Gujarat, Karnataka, Tamil Nadu & Telangana account for 70% of India's exports
India's internal trade in goods and services is 60 percent of GDP.
A preliminary analysis of the Goods and Services Tax (GST) data reveals that there has been a 50% increase in the number of indirect taxpayers, besides a large increase in voluntary registrations, especially by small enterprises that buy from large enterprises and want to avail themselves of Input Tax Credits (ITC). The Economic Survey 2017-18 presented today in Parliament by the Union Minister of Finance and Corporate Affairs, Shri Arun Jaitley informs that as on December 2017, there were 9.8 million unique GST registrants slightly more than the total Indirect Tax registrants under the old system (where many taxpayers were registered

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ion of the GST base among the States is closely linked to the size of their economies, allaying fears of major producing States that the shift to the new system would undermine their tax collections.
Dwelling on the subject of International Trade, Inter-State Trade and Economic Prosperity, the Survey points-out for the first time in India's history  that five States-Maharashtra, Gujarat, Karnataka, Tamil Nadu and Telangana account for 70% of India's exports. New data on the international exports of States suggests a strong correlation between export performance and States' standard of living. Last year Survey had estimated that India's Inter-State trade in goods was between 30 and 50 percent of GDP. But the GST data suggests that India's internal trade in goods and services (excludes non-GST goods and services) is actually even higher and is about 60 percent of GDP.
The survey based on new GST data also provides a close look at the firm-level exports and states th

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GST net suggests a formal sector payroll share of 53 percent.
The Chapter titled ” A New, Exciting Bird's-Eye View of the Indian Economy Through the GST” sums up that most of the discussions in the run-up to the GST centered on the size of the tax base, and its implications for the Revenue Neutral Rate (RNR). The RNR Committee had estimated a base of Rs. 68.8 lakhcrore and the GST Council had estimated a base of Rs. 65.8 lakh crore. Current data suggest that the GST tax base (excluding exports) is Rs. 65-70 lakh crore, broadly similar to these two previous estimates. Based on the average collections in the first few months, the implied weighted average collection rate (incidence) is about 15.6 percent. So, as estimated by the RNR committee, the single tax rate that would preserve revenue neutrality is between 15 to 16 percent.
=============
Document 1
pilo
ECONOMIC SURVEY
2017-18
Information on GST yields Exciting Findings
• 50% increase in nu

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Gross Tax Collections on Track for First Eight Months of GST Era;

Gross Tax Collections on Track for First Eight Months of GST Era;
GST
Dated:- 29-1-2018

Press Information Bureau
Government of India
Ministry of Finance
 
Gross Tax Collections on Track for First Eight Months of GST Era;
Fifty Percent Increase in the Number of Indirect Tax Payers
The Union Minister for Finance and Corporate Affairs, Shri Arun Jaitley tabled the Economic Survey 2017-18 in Parliament today.
Based on the firm footing provided by the discernible improvements in most fiscal indicators such as revenue buoyancy, expenditure quality, tax devolution and deficits, the Government, in partnership with the States, ushered in the long-awaited GST era with effect from July,2017. The GST was unveiled after compre

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pace with the previous year and is expected to meet targets, with a growth of 13.7 per cent while indirect taxes grew by 18.3 per cent during April-November 2017.
The eventual outcome in indirect taxes during this year will depend on the final settlement of GST accounts between the Centre and the States and the likelihood that only taxes for eleven months (excluding IGST on imports) will be realized. The States' share in taxes grew by 25.2 per cent during April-November 2017, much higher than the growth in net tax revenue (to Centre) at 12.6 per cent and of gross tax revenue at 16.5 per cent.
As an information repository, the Goods and Services Tax (GST) provides a radical change and a new insight into the understanding of the Indian eco

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est firms account for a much smaller share of exports than in other comparable countries. India's internal trade is about 60 percent of GDP, even greater than estimated in last year's Survey and comparing very favorably with other large countries. India's formal sector, especially formal non-farm payroll, is substantially greater than currently believed. Formality defined in terms of social security provision yields an estimate of formal sector payroll of about 31 percent of the non-agricultural work force; formality defined in terms of being part of the GST net suggests a formal sector payroll share of 53 percent.
The advancing of the budget cycle and processes by almost a month gave considerable leeway to the spending agencies to plan in

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SEAMLESS FLOW OF INPUT TAX CREDIT: AN ILLUSION FOR BUILDERS

SEAMLESS FLOW OF INPUT TAX CREDIT: AN ILLUSION FOR BUILDERS
By: – CASanjay Kumawat
Goods and Services Tax – GST
Dated:- 29-1-2018

Introduction
One of the fundamental features of GST is seamless flow of input credit across the chain (from the manufacture of goods or provider of services till it is consumed) and across the Country. Input Tax Credit (ITC) is the backbone of the GST regime. GST is nothing but a value added tax on goods & services combined.
In this article, an attempt is made to analyse one very important aspect of GST and its implication on the real estate industry (on builders).
Taxability and exemption
According to paragraph 5(b) of the Schedule-II of the CGST Act, 2017 read with section 7 of the CGST Act, 2017, construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certi

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ncy certificate by the builder shall not be subject to GST.
Relevant provisions for Input Tax Credit
Section 2(119) of the CGST Act, 2017: “works contract” means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract.
Section 16(1) of the CGST Act, 2017: Every registered person shall, subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person.
Section 16(4) of the CGST Act, 2017: A register

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lies on which the recipient is liable to pay tax on reverse charge basis, transactions in securities, sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building.
Section 17(5) of the CGST Act, 2017: Notwithstanding anything contained in sub-section (1) of section 16 and subsection (1) of section 18, input tax credit shall not be available in respect of the following, namely:-
* ………………
* ………………
works contract services when supplied for construction of an immovable property (other than plant and machinery) except where it is an input service for further supply of works contract service;
goods or services or both received by a taxable person for construction of an immovable property (other than plant or machinery) on his own account including when such goods or services or both are used in the course or furtherance of business.
**************Rest are not relevant***

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wed to be taken by the builder.)
Section 17(5)(d) of the CGST Act, 2017: If goods or services or both received by a builder for construction of an immovable property on his own account including when such goods or services or both are used in the course or furtherance of business.
Section 17(2) read with section 17(3) of the CGST Act, 2017: Common inputs/input services/capital goods are used for supplying both works contract service and sale of constructed building, the eligibility of credit shall be restricted to the proportion attributable to works contract service/construction service and not on the land component.
Accordingly, from the combined reading of the restrictions, as given in section 17, and time limit to avail credit, as given in section 16(4) of the CGST Act, 2017 as discussed above, following points can be drawn for the builders:
* The builder can't avail input tax credit till the time he finds a buyer otherwise it will result in constructing in his own account.

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tive buyers, for the flats unsold after obtaining occupancy certificate, there shall be a requirement to reverse the entire credit attributable to those flats.
Further, there is no mechanism has been provided under GST to reverse the credit availed during the previous years by the registered person, accordingly, the liability may be required to be discharged through cash by the builder.
If the builder is constructing an office space for his business then in that case also he can't avail input tax credit on the input supply of goods and or services.
Therefore, in view of the above discussion, it can be said that the main objective of GST, i.e., seamless flow of credit, is an illusion for the builders. Existing provisions of input tax credit will lead to various litigation and assessment related disputes. Further, management of the separate books of accounts for project wise/ credit wise/ flats wise/common utility wise will lead to new and biggest headache for the builders. If the G

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property on his own account including when such goods or services or both are used in the course or furtherance of business.”
We have different Opinion –
The section 17(5) © as well as Section 17 (5) (d) does not apply to builder or developer. In the above clauses the input tax credit on works contract will not allowed, where construction is for immovable property.
The construction has been explained as – “construction” includes re-construction, renovation, additions or alterations or repairs, to the extent of capitalisation, to the said immovable property.
The construction carried out by the builder does not fall under the above types, as given in the explanation.
Moreover, the builder is doing the construction for inventory and not for capitalization.
The builder can't avail input tax credit till the time he finds a buyer otherwise it will result in constructing in his own account. It may be noted that credit shall be allowed only to the extent of outward taxable sup

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e credit availed during the previous years by the registered person, accordingly, the liability may be required to be discharged through cash by the builder.
We have different Opinion –
Credit is allowed under section 16(1) of the CGST Act 2017, as there is an intention to use in the course or furtherance of his business and the said amount will be credited to electronic credit ledger. Thus, there is no question to claim the credit after 1 year of service.
However, after issuance of completion certificate or after its first occupation, whichever is earlier, the inventory of unsold stock will become exempt supplies (as paragraph 5 of schedule III), and therefore on the stock, equivalent amount of input tax credit shall be required to be paid by debit to electronic credit ledger or electronic cash ledger, under section 18(4) of CGST Act.
Dated: 27-2-2018
Reply By sanjeev bajaj as =
please clarify.
Dated: 6-3-2018
Scholarly articles for knowledge sharing by authors, experts

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M/s Seth Prasad Agro Private Limited Through Its Director Versus State of U.P. And 3 Others

M/s Seth Prasad Agro Private Limited Through Its Director Versus State of U.P. And 3 Others
GST
2018 (2) TMI 195 – ALLAHABAD HIGH COURT – 2018 (12) G. S. T. L. 494 (All.)
ALLAHABAD HIGH COURT – HC
Dated:- 29-1-2018
Writ Tax No. 95 of 2018
GST
Hon'ble Pankaj Mithal And Hon'ble Saral Srivastava, JJ.
For the Petitioner : Mr Aditya Bhushan Singhal, Mr Aditya Pandey, Mr Bipin Kumar Pandey
For the Respondent : C.S.C.,A.S.G.I. 
ORDER
Heard Sri Aditya Pandey, learned counsel for the petitioner, Sri C.B. Tripathi, special counsel for the respondents no. 1, 3 and 4 and Sri Anant Kumar Tiwari, learned counsel for the respondent no. 2.
The petitioner is aggrieved by the order of seizure dated 11.01.2018 alleged t

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hi, in response to the above argument submits that in the matters covered by Integrated Goods and Services Tax Act, 2017 (IGST) the provisions of Central G.S.T. Act apply mutatis mutandis. Since analogous provisions like Section 129(1) of the U.P.G.S.T. Act exist in the Central G.S.T. Act as well, the order of seizure is not illegal or without jurisdiction.
The U.P.G.S.T. Act makes provision for levy and collection of tax on intrastate supply of goods or services or both i.e. relating to transactions within the State, whereas IGST Act covers interstate transactions. In this view of the matter, the transaction in question is treated to be covered by the IGST Act and the provisions of U.P. G.S.T. Act would not apply. However, a similar provi

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g the same as the power of seizure is clearly traceable under the relevant Act as well.
Accordingly, we are of the view that the impugned order is to be treated to have been passed under IGST Act read with Section 129 of the Central G.S.T. Act rather than the one passed under U.P.G.S.T. Act.
The next submission of Sri Pandey, is that the consignment of goods has been seized by treating them to be 'Ghamella' rather than 'Tasla'. 'Tasla' was exempted from G.S.T. vide notification dated 29.06.2017 and 'Ghamella' has been included in the taxable goods vide notification dated 25.01.2018. Thus, on the relevant date 'Ghamella' was also an exempted item and the order of seizure is patently illegal.
In view

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Amendments in SRO-GST-26 (Rate) Dated 15/11/2017

Amendments in SRO-GST-26 (Rate) Dated 15/11/2017
SRO GST 37-(Rate) Dated:- 29-1-2018 Jammu and Kashmir SGST
GST – States
Jammu and Kashmir SGST
Jammu & Kashmir SGST
Government of Jammu and Kashmir
Finance Department
Civil Secretariat, Jammu
Notification
Jammu, the 29 January, 2018
SRO.GST.37 (Rate).- In exercise of the powers conferred by sub-section (1) of section 11 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017) (hereafter in this notification referred to as "the said Act") read with sub-section (3) of section 11 of the said Act, the State Government, on being satisfied that it is necessary in the public interest so to do , on the recommendations of the Council, makes the follow

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epartment of Scientific and Research", the words "Department of Scientific and Industrial Research", shall be substituted.
(2) after the Table, the existing Explanation shall be numbered as Explanation I thereof and after Explanation 1 as so numbered, the following Explanation shall be inserted, namely: –
"Explanation 2 – For the the purposes of this notification, exemption would be in line with the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 51/96- Customs, dated the 23rd July, 1996, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R, 303(E), dated the 23rd July, 1996 and is applicable with effect from the 15th N

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Amendment in Notification No. SRO – GST-2 DATED 08.07.2017

Amendment in Notification No. SRO – GST-2 DATED 08.07.2017
SRO GST 35-(Rate) Dated:- 29-1-2018 Jammu and Kashmir SGST
GST – States
Jammu and Kashmir SGST
Jammu & Kashmir SGST
Government of Jammu and Kashmir
Finance Department
Civil Secretariat, Jammu
Notification
Jammu, the 29 January, 2018
SRO-GST-35 (Rate).- In exercise of the powers conferred by sub-sections (1) and (3) of section 11 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017), the State Government, on the recommendations of the Council, hereby makes the following further amendments in SRO – GST-2 DATED 08.07.2017 issued by Finance Department, Government of Jammu and Kashmir, namely:-
In the said notification,
(1) in the Schedule,

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Amendment in Notification No. SRO – GST – 1 DATED 08.07.2017

Amendment in Notification No. SRO – GST – 1 DATED 08.07.2017
SRO GST 34-(Rate) Dated:- 29-1-2018 Jammu and Kashmir SGST
GST – States
Jammu and Kashmir SGST
Jammu & Kashmir SGST
Government of Jammu and Kashmir
Finance Department
Civil Secretariat, Jammu
Notification
Jammu, the 29 January, 2018
SRO-GST 34 (Rate).- In exercise of the powers conferred by sub-section (1) of section 9 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017), the State Government, on the recommendations of the Council, hereby makes the following amendments SRO – GST – 1 DATED 08.07.2017 issued by Finance Department, Government of Jammu and Kashmir, namely:-
In the said notification, –
(A) in Schedule 1 – 2.5%,
(i) after S. No. 76 and the entries relating thereto, the following serial number and the entries shall be inserted, namely:-
"76A
13
Tamarind kernel owder";
(ii) after S. No. 78 and the entries relating thereto, the following serial number a

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try "Corduroy fabrics, velvet fabrics" shall be substituted;
(viii) in S. No. 224A, for the entry in column (2), the entry "6309 or 6310" shall be substituted;
(ix) after S. No. 243 and the entries relating thereto, the following serial number and the entries shall be inserted, namely:-
"243A
88 or Any other chapter
Scientific and technical instruments, apparatus, equipment, accessories, parts, components, spares, tools, mock ups and modules, raw material and consumables required for launch vehicles and satellites and payloads";
(B) in Schedule II-6%, –
(i) after S. No. 32A and the entries relating thereto, the following serial number and the entries shall be inserted, namely:-
"32AA
1704
Sugar boiled confectionery";
(ii) after S. No. 46A and the entries relating thereto, the following serial number and the entries shall be inserted, namely:-
"46B
2201
Drinking water packed in 20 litres bottles";
(iii) in S. No. 56,

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serial number and the entries shall be inserted, namely: –
"80A
3826
Bio-diesel";
(viii) for S. No. 99A and the entries relating thereto, the following serial numbers and the entries shall be substituted, namely: –
"99A
4418
Bamboo wood building joinery
99B
4419
Tableware and Kitchenware of wood";
(ix) S. No. 103 and the entries relating thereto shall be omitted;
(x) S. No. 104 and the entries relating thereto shall be omitted;
(xi) in S. NO. 133, in column (3), after the words, "Absorbent cotton wool", the words and brackets, "[except cigarette filter rods]", shall be added;
(xii) in S. No. 147, for the entry in column (3), the entry "Woven pile fabrics and chenille fabrics except Corduroy fabrics, velvet fabric, other than fabrics of heading 5802 or 5806", shall be substituted;
(xiii) after S. No. 195A, and entries relating thereto, the following serial number and the entries shall be inserted, namely: –
"19

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ed;
(vi) in S. No. 87, in column (3), after the words, "and similar products", the words, figure and brackets, "[other than bio-pesticides mentioned against S. No. 78A of Schedule-Il]" shall be added;
(vii) S. No. 99, and the entries relating thereto, shall be omitted;
(viii) in S. No. 137F, in column (3), after the words, "shingles and shakes", the words '[other than bamboo wood building joinery]" shall be added;
(ix) after S. No. 163 and the entries relating thereto, the following serial number and the entries shall be inserted, namely:-
"163A
56012200
Cigarette Filter rods";
(x) for S. No. 236A and the entries relating thereto, the following serial number and the entries shall be substituted, namely:-
"236A
7323 9410
Ghamella
236B
7324
Sanitary ware and parts thereof, of iron and steel";
(xi) in S. No. 325, for the entry in column (3), the entry "Mechanical appliances (whether or not hand-operated)

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all be inserted, namely .
"229
Any
Chapter
Actionable claim in the form of chance to win in betting , gambling , or horse racing in race club";
(E) in Schedule V-1.5%,-
(i) S. No. 2, and the entries relating thereto, shall be omitted;
(ii) in S. No. 3, for the entry in column (3), the entry "Semi-precious stones, whether or not worked or graded but not strung, mounted or set; semi-precious stones, temporarily strung for convenience of transport [other than Unworked or simply sawn or roughly shaped]" shall be substituted;
(iii) in S. No. 4, for the entry in column (3), the entry "Synthetic or reconstructed semi-precious stones, whether or not worked or graded but not strung, mounted or set; ungraded synthetic or reconstructed semi-precious stones, temporarily strung for convenience of transport]" shall be substituted;
(iv) against S. No. 13, in column (3), the words and symbols, "[other than bangles of lac/shellac]" shall be omitted;

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M/s. Panasonic Energy India Co. Ltd. Versus CCE, CGST & ST, Indore

M/s. Panasonic Energy India Co. Ltd. Versus CCE, CGST & ST, Indore
Central Excise
2018 (2) TMI 1394 – CESTAT NEW DELHI – TMI
CESTAT NEW DELHI – AT
Dated:- 29-1-2018
Excise Appeals Nos. 51790-51799 and 51940/2017 – Final Order No. 50641-50651/2018
Central Excise
Hon'ble Shri S. K. Mohanty, Member ( Judicial )
Shri Saurabh Dixit, Advocate for the appellant
Shri K. Podar, DR for the respondent
ORDER
Per S.K. Mohanty
The issue involved in these appeals are identical. Accordingly, with consent of both the sides, the same are taken up for hearing together and a common order is being passed.
2. The brief facts of the case are that the appellant, M/s. Panasonic Energy India Co. Ltd. is engaged in the manufacture of Dry Battery Cells, falling under Chapter 85 of the Central Excise Tariff Act, 1985. For delivery of the goods at buyer's premises, the appellants avails the services of goods transport agency and pays outward freight on such transportation. In the capacity

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on outward freight upto the place of removal. Consequent upon the remand directions contained in the order dated 28.08.2015, the Asstt. Commissioner of Central Excise took up the de novo adjudication proceedings and passed the orders dated 31.05.2016 and 31.03.2017 in disallowing the cenvat benefit to the appellant. On appeal, the adjudication orders were upheld by the ld. Commissioner (Appeals) vide the impugned orders 28.04.2017 and 7.9.2017. Being dis-satisfied with the impugned orders passed by the ld. Commissioner (Appeals), the appellant has filed these appeals before the Tribunal.
3. Ld. Advocate appearing for the appellant submits that as per the agreement entered into between the appellant and its buyers, the place of delivery of the goods is at the factory of the buyer and the appellant incurred the freight and insurance element for such transportation of the goods for delivery at the buyers' premises. He further submits that considering the amount of freight as a part of a

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of taking of cenvat credit. The ld. Advocate has also produced certificate of the Chartered Accountant to demonstrate that the ownership/title of the goods during the disputed period were passed on by the appellant at its buyer's premises.
4. On the other hand, ld. AR appearing for the Revenue reiterates the findings recorded in the impugned order. He further submits that the appellant has only submitted the sample copy of the purchase orders and invoices in relation to one buyer and the same cannot be considered as the proper documents for deciding the issues involved in the bunch of appeals, involving different buyers. Thus, he submits that for verification of the factual aspect, the matter should go back to the Original Authority.
5. Heard both the sides and examined the case records.
6. The term “input service” has been defined under Rule 2 (l) of the Cenvat Credit Rules, 2004. The said definition underwent amendments from time to time. For the period from August, 2005 to March

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ect of amendment was that the Phrase “from the place of removal” was substituted by “upto the place of removal”. As per the amended provisions of definition of “input service”, service tax paid on freight for transportation of goods “upto the place of removal” should only merit consideration as input service. In this case, I find the purchase order issued by one of the buyers, M/s. Videocon Industries Ltd. shows that the delivery of the goods was on FOR destination basis. As per the terms of the purchase order, the appellant had issued invoice, showing all inclusive rate (including freight) and paid the central excise duty on such assessable value. Since the goods were delivered at the buyer's premises, the place of delivery should merit consideration as “input service” for the purpose of extending the cenvat benefit of service tax paid on the outward freight amount by the appellant. Therefore, the freight paid by the appellant from 1.4.2008 to 10.07.2014 should merit consideration as

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sferred from the appellant to its buyers at their premises and the transaction was on FOR destination basis, the service tax paid on freight element should be eligible for cenvat benefit.
9. However, since the appellant, at this juncture, has not produced all the copies of the purchase orders/invoices in respect of all the buyers and only submitted sample copies issued by few numbers of buyers, I am of the view that the matter should go back to the Original Authority for verification of the purchase orders/invoices in respect of the buyers, to whom the goods were sold by the appellant on FOR destination basis. If the Original Authority is satisfied that the ownership /title of the goods passed on by the appellant at its buyer's premises, the service tax paid on the freight element should be extended to the appellant as cenvat benefit. Since the period involved in these appeals are very old, the Original Authority should complete the adjudication proceedings, preferably within a period

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Extension of Time limit for filing FORM GSTR-6

Extension of Time limit for filing FORM GSTR-6
2/2018 Dated:- 29-1-2018 Telangana SGST
GST – States
Telangana SGST
Telangana SGST
GOVERNMENT OF TELANGANA
COMMERCIAL TAXES DEPARTMENT
TGST Notification No. 2/2018
CCT's Ref No. A(1)/115/2017
Dt. 29-01-2018
Sub:- Extension of Time limit for filing FORM GSTR-6.
In exercise of the powers conferred by sub-section (6) of Section 39 read with Section 168 of the Telangana Goods and Services Tax Act, 2017 (23 of 2017) (hereinafter refe

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Commissioner, GST And Central Excise, Chennai South Commissionerate Chennai Versus M/s. Caterpillar India Pvt. Ltd.

Commissioner, GST And Central Excise, Chennai South Commissionerate Chennai Versus M/s. Caterpillar India Pvt. Ltd.
Central Excise
2018 (3) TMI 605 – CESTAT CHENNAI – TMI
CESTAT CHENNAI – AT
Dated:- 29-1-2018
E/Misc./41198/2017 & E/CO/49/2010 & E/352/2010, E/Misc./41021/2017 & E/100/2011, E/CO/14 & 15/2011 and E/187 & 188/2011 – A/40228-40231/2018
Central Excise
Ms. Sulekha Beevi C.S., Member (Judicial) And Shri B. Ravichandran, Member (Technical)
Shri A. Cletus, Addl. Commissioner (AR) – for the Appellant
Shri P.R. Renganathan, Advocate – for the Respondent
ORDER
Per B. Ravichandran,
These four appeals are by Revenue against various impugned orders of the Commissioner (Appeals), LTU, Chennai. The impugned orders

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ervices were specifically covered under “designing services” and the respondents are eligible for refunds. The Revenue contested the said orders stating that these are not designing service and mere conversion of 2D image to 3D drawing will not make it a designing work.
2. We have heard both sides and perused the appeal records.
3. At the outset, both sides agree that for the very same respondent, for the earlier periods, on the same dispute, the matter came up before the Tribunal. The case was decided as reported in 2011 (24) STR 74 (Tri. Chennai). In the said order, the Tribunal held that the services rendered by the respondents were appropriately to be considered under “consulting engineer's service. The period covered in the said appe

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ent's own case, we are holding that the respondents did export taxable service, they are eligible for refund as claimed under Rule 5. We note that in the earlier proceedings also the Tribunal remanded the matter for other verifications like documents, quantification of such refund. Though the respondents submitted that the original proceedings did not raise these issues, we note that sanction of refund would necessarily involve verification of documents along with required details.
4. In view of the above discussion and analysis, we find that the appeals presently filed by the Revenue are without merit. Accordingly, the same are dismissed.
5. The miscellaneous application filed for change of cause title of the name of the appellant to Com

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M/s. Chemplast Sanmar Ltd Versus Commissioner of GST And Central Excise, Trichy

M/s. Chemplast Sanmar Ltd Versus Commissioner of GST And Central Excise, Trichy
Central Excise
2018 (3) TMI 606 – CESTAT CHENNAI – TMI
CESTAT CHENNAI – AT
Dated:- 29-1-2018
E/Misc./41823/2017 & E/341/2011 – A/40235/2018
Central Excise
Ms. Sulekha Beevi C.S., Member (Judicial) And Shri B. Ravichandran, Member (Technical)
Shri V.S. Manoj, Advocate – for the Appellant
Shri A. Cletus, Addl. Commissioner (AC) – for the Respondent
ORDER
Per: Ms. Sulekha Beevi,
Brief facts are that the appellants who are engaged in manufacture of excisable products are also availing the facility of CENVAT credit on inputs, capital goods and input services. On perusal of ER-1 returns, it was noticed that the appellant had availed irregular credit on various MS items under the category of capital goods. Department was of the view that the credit availed on MS plates, sheets, beams, angles etc. used in structural construction of factory buildings, workshop, work shed etc. and also for

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redit has been availed by the appellant under the category of capital goods on MS items which were used as structural support for the tanks and pipelines. The tanks have to be placed at various heights and the raw material which is in liquid nature has to be carried through pipeline to various heights. MS items were used for structural support of the tanks and the pipelines. These are nothing but accessories of capital goods and therefore fall within the definition of capital goods. The ld. counsel submitted that the authority below has denied the credit merely relying upon the decision in the case of Vandana Global Ltd. – 2010-TIOL-624-CESTAT-DEL-LB, wherein it was held that credit is not admissible, as after fabrication, the MS items become part of the immovable property. He argued that the said decision is no longer a good law and the Tribunal by various decisions has held that credit availed on MS items used for structural support of capital goods is eligible for credit. That the i

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f the photographs, we find that the submission made by the ld. counsel is not without merit. The Tribunal in the appellant's own case for a period prior to 7.7.2009 which analyzed the very same issue held that when the MS items are used for structural support of capital goods applying the user test evolved by the Hon'ble Supreme court in the case of Rajasthan Spinning and Weaving Mills Ltd. – 2010 (255) ELT 481 (SC), observed that pipelines cannot be made functional without properly securing them and these structural supports are integral part of such plant and machinery. Following the decision in the case of Thiru Arooran Sugars (supra), as well as the decision in the case of Rajasthan Spinning and Weaving Mills Ltd. (supra) and that of India Cements Ltd. – 2014-TIOL-1185-HC-MAD, we hold that disallowance of credit is unjustified. The impugned order is set aside and the appeal is allowed with consequential relief, if any.
6. The miscellaneous application filed for change of cause tit

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Amendment in Notification No. SRO-GST-13 DATED 08.07.2017

Amendment in Notification No. SRO-GST-13 DATED 08.07.2017
SRO GST 31-(Rate) Dated:- 29-1-2018 Jammu and Kashmir SGST
GST – States
Jammu and Kashmir SGST
Jammu & Kashmir SGST
Government of Jammu and Kashmir
Finance Department
Civil Secretariat, Jammu
Notification
Jammu, the 29th January, 2018
SRO. GST. 31 (Rate).- In exercise of the powers conferred by sub-section (3) of section 9 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017), the State Government, on the recommendations of the Council, hereby makes the following further amendments in SRO-GST-13 DATED 08.07.2017 issued by Finance Department, Government of Jammu and Kashmir, namely:-
In the said notification,-
(i) in the Table, after seria

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Amendment in Notification No. SRO -GST-12 DATED 08/07/2017

Amendment in Notification No. SRO -GST-12 DATED 08/07/2017
SRO GST 30-(Rate) Dated:- 29-1-2018 Jammu and Kashmir SGST
GST – States
Jammu and Kashmir SGST
Jammu & Kashmir SGST
Government of Jammu and Kashmir
Finance Department
Civil Secretariat, Jammu
Notification
Jammu, the 29th January, 2018
SRO GST 30-(Rate).- In exercise of the powers conferred by sub-section (1) of section 11 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017), the State Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby makes the following further amendments in SRO -GST-12 DATED 08/07/2017 issued by Finance Department, Government of Jammu and Kashmir namely:-
In the said notification, in the Table,
(a) against serial number 3, in the entry in column (3), after the words "a Governmental Authority" the words " or a Government Entity" shall be inserted,
(b) after serial

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bstituted;
(d) after serial number 19 and the entries relating thereto, the following serial number and entries shall be inserted, namely: –
(1)
(2)
(3)
(4)
(5)
"19A
Heading 9965
Services by way of transportation of goods by an aircraft from customs station of clearance in India to a place outside India.
Nil
Nothing contained in this serial number shall apply after the 30th day of September, 2018,
19B
Heading 9965
Services by way of transportation of goods by a vessel from customs station of clearance in India to a place outside India.
Nil
Nothing contained in this serial number shall apply after the 30th day of September, 2018.
(e) against serial number 22, in the entry in column (3), after item (b), the following item shall be inserted, namely: –
“(c) motor vehicle for transport of students, faculty and staff, to a person providing services of transportation of students, faculty and staff to an educational institution providing services by way of pre-school edu

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the following serial number and entries shall be inserted, namely: –
(1)
(2)
(3)
(4)
(5)
"39A
Heading 9971
Services by an intermediary of financial services located in a multi services SEZ with International Financial Services Centre (IFSC) status to a customer located outside India for international financial services in currencies other than Indian rupees (INR).
Explanation- For the purposes of this entry, the intermediary of financial services in IFSC is a person,-
(i) who is permitted or recognised as such by the Government of India or any Regulator appointed for regulation of IFSC; or
(ii) who is treated as a person resident outside India under the Foreign Exchange Management (International Financial Services Centre) Regulations, 2015; or
(iii) who is registered under the Insurance Regulatory and Development Authority of India (International Financial Service Centre) Guidelines, 2015 as IFSC Insurance Office; or
(iv) who is permitted as such by Securities and Exc

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s shall be inserted, namely. –
(1)
(2)
(3)
(4)
(5)
"53A
Heading 9985
Services by way of fumigation in a warehouse of agricultural produce,
Nil
Nil";
(I) against serial number 54, in the entry in column (3), after item (g), the following item shall be inserted, namely:-
"(h) services by way of fumigation in a warehouse of agricultural produce”.
(m) against serial number 60, in the entry in column (3), the words "the Ministry of External Affairs," shall be omitted;
(n) after serial number 65 and the entries relating thereto, the following serial number and entries shall be inserted, namely: –
(1)
(2)
(3)
(4)
(5)
"65A
Heading 9991
Services by way of providing information under the Right to Information Act, 2009.
Nil
Nil”;
(o) against serial number 66, in the entry in column (3),-
(i) after item (a), the following item shall be inserted, namely:-
"(aa) by an educational institution by way of conduct of entrance examination again

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M/s. General Transport Versus State of Kerala and Assistant State Tax Officer State Goods and Services Tax

M/s. General Transport Versus State of Kerala and Assistant State Tax Officer State Goods and Services Tax
GST
2018 (4) TMI 368 – KERALA HIGH COURT – [2018] 1 GSTL 60 (Ker)
KERALA HIGH COURT – HC
Dated:- 29-1-2018
W. P. (C). No. 2963 of 2018
GST
P.B. Suresh Kumar, J.
For the Petitioner:- Sri. Manu Ramachandran, Sri.T.S.Sarath, ADVS.
For the Respondents:- Sri.V.K.Shamsudheen, Government Pleader
JUDGMENT
Petitioner seeks release of the goods detained by the second respond

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Amendment in Notification No. SRO -GST-11 DATED 08.07.2017

Amendment in Notification No. SRO -GST-11 DATED 08.07.2017
SRO-GST-29 (Rate) Dated:- 29-1-2018 Jammu and Kashmir SGST
GST – States
Jammu and Kashmir SGST
Jammu & Kashmir SGST
Government of Jammu and Kashmir
Finance Department
Civil Secretariat, Jammu
Notification
Srinagar, the 29th January, 2018
SRO-GST-29 (Rate).- In exercise of the powers conferred by sub-section (1) of section 9, subsection (1) of section 11 ,sub-section (5) of section 15 and sub-section (1) of section 16 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017), the State Government, on the recommendations of the Council, and on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in SRO -GST-11 DATED 08.07.2017 issued by Finance Department, Government of Jammu and Kashmir, namely:-
In the said notification,
(i) in the Table, –
(a ) against serial number 3, in column (3), –
(A) in item (iv),-
(I) for sub-item

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han Mantri Awas Yojana (Urban);';
(III) after sub-item (f), the following sub-items shall be inserted, namely: –
“(g) a building owned by an entity registered under section 12AA of the Income Tax Act, 1961 (43 of 1961), which is used for carrying out the activities of providing, centralised cooking or distribution, for mid-day meals under the mid-day meal scheme sponsored by the Central Government, State Government, Union territory or local authorities.”;
(B) in item (v),
(I) in sub-item (a), for the word “excluding”, the word “including” shall be substituted;
(II) after sub-item (d), the following sub-item shall be inserted, namely: –
“(da) low-cost houses up to a carpet area of 60 square metres per house in an affordable housing project which has been given infrastructure status vide notification of Government of India, in Ministry of Finance, Department of Economic Affairs vide F. No. 13/6/2009-INF, dated the 30th March,2017;”;
(C) for item (ix) and the entries relating there

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ment, State Government, Union territory, a local authority, a Governmental Authority or a Government Entity.
2.5
Provided that where the services are supplied to a Government Entity, they should have been procured by the said entity in relation to a work entrusted to it by the Central Government, State Government, Union territory or local authority, as the case may be.
(xi) Services by way of housekeeping, such as plumbing, carpentering, etc. where the person supplying such service through electronic commerce operator is not liable for registration under subsection (1) of section 22 of the Jammu and Kashmir Goods and Services Tax Act, 2017.
2.5
Provided that credit of input tax charged on goods and services has not been taken [Please refer to Explanation no. (iv)].
(xii) Construction services other than (i), (ii), (iii), (iv), (v), (vi), (vii), (viii),(ix), (x)and (xi) above.
9
-“;
(b) against serial number 9, in the entry in column (3), in item (v), for the words “natural gas

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se of land.
Nil

(ii) Supply of land or undivided share of land by way of lease or sub lease where such supply is a part of composite supply of construction of flats, etc. specified in the entry in column (3), against serial number 3, at item (i); sub-item (b), sub-item (c), sub-item (d), sub-item (da) and sub-item (db) of item (iv); sub-item (b), sub-item (c), sub-item (d) and sub-item (da) of item (v); and sub-item (c) of item (vi).
Provided that nothing contained in this entry shall apply to an amount charged for such lease and sub-lease in excess of one third of the total amount charged for the said composite supply. Total amount shall have the same meaning for the purpose of this proviso as given in paragraph 2 of this notification.
Nil

(iii) Real estate services other than (i) and (ii) above.
9
-“;
(e) against serial number 17, for item (vii) in column (3), and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, namely: –
(3

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way of house-keeping, such as plumbing, carpentering, etc. where the person supplying such service through electronic commerce operator is not liable for registration under sub-section (1) of section 22 of the Jammu and Kashmir Goods and Services Tax Act, 2017.
2.5
Provided that credit of input tax charged on goods and services has not been taken [Please refer to Explanation no. (iv)].
(iii) Support services other than (i) and (ii) above.
9
-“;
(h) against serial number 24,-
(A) in the Explanation to item (i) in column (3), in clause (i), after sub-clause(g), the following sub-clause shall be inserted, namely:-
“(h) services by way of fumigation in a warehouse of agricultural produce.”;
(B) for item (ii) in column (3) and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, namely: –
(3)
(4)
(5)
“(ii) Service of exploration, mining or drilling of petroleum crude or natural gas or both.
6

(iii) Support services to mining, elec

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of 1975) respectively;”;
(B) for item (iii) and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, namely: –
(3)
(4)
(5)
“(iii) Tailoring services.
2.5

(iv) Manufacturing services on physical inputs (goods) owned by others, other than (i), (ia), (ii), (iia) and (iii) above.
9
-“;
(k) for serial number 32 and the entries relating thereto, the following shall be substituted, namely:-
(1)
(2)
(3)
(4)
(5)
“32
Heading 9994
(i) Services by way of treatment of effluents by a Common Effluent Treatment Plant.
6

(ii) Sewage and waste collection, treatment and disposal and other environmental protection services other than (i) above.
9
-“;
(l) against serial number 34, in column (3),-
(A) for item (iii)and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, namely: –
(3)
(4)
(5)
“(iii) Services by way of admission to amusement parks including theme parks, water parks, joy rides,

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Amended GST Rates: Item-Wise Tax Schedule for CGST, UTGST, SGST & IGST with Updates and Annotations.

Amended GST Rates: Item-Wise Tax Schedule for CGST, UTGST, SGST & IGST with Updates and Annotations.

GST
Rate of Tax on Services – CGST / UTGST / SGST / IGST – Goods and Services Tax – Item

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Exemption List: Services Not Subject to GST Under CGST, UTGST, SGST, and IGST; Recent Amendments Included.

Exemption List: Services Not Subject to GST Under CGST, UTGST, SGST, and IGST; Recent Amendments Included.

GST
Services – General Exemption from GST – CGST / UTGST / SGST / IGST – Goods and

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GST Update: IGST at 5%, CGST and SGST/UTGST Each at 2.5% with Schedule Amendments and Alerts.

GST Update: IGST at 5%, CGST and SGST/UTGST Each at 2.5% with Schedule Amendments and Alerts.

GST
Rates of Tax on Goods – Schedule 1 – IGST @ 5% – CGST @ 2.5% – SGST / UTGST @ 2.5% – Goods a

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GST Schedule 2 Tax Rates: IGST at 12%, CGST and SGST/UTGST at 6% Each for Goods.

GST Schedule 2 Tax Rates: IGST at 12%, CGST and SGST/UTGST at 6% Each for Goods.

GST
Rates of Tax on Goods – Schedule 2 – IGST @ 12% – CGST @ 6% -SGST / UTGST @ 6% – Goods and Services Tax –

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