GST rate on admission to amusement parks and ballet etc, reduced from 28% to 18%

GST rate on admission to amusement parks and ballet etc, reduced from 28% to 18%
GST
Dated:- 7-2-2018

In its Meeting held on 18th January, 2018, the GST Council had recommended reduction of GST rate on services by way of admission to Amusement Parks including theme parks, water parks, joy rides, merry-go-rounds, go-carting and ballet from 28% to 18%. These services hitherto attracted GST @ 28%. Requests were received from several quarters that amusement parks promote social wellnes

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Recommendations made by the GST Council for the Housing Sector to promote Affordable Housing for the masses come into force;

Recommendations made by the GST Council for the Housing Sector to promote Affordable Housing for the masses come into force;
GST
Dated:- 7-2-2018

Recommendations made by the GST Council for the Housing Sector to promote Affordable Housing for the masses come into force;
Concessional Rate of GST of 12% extended to construction of houses constructed/ acquired under the Credit Linked Subsidy Scheme for EWS, LIG, MIG sections
In its 25th Meeting held on 18th January, 2018, the GST Council had made several important recommendations for the Housing Sector which have come into force with effect from 25th January, 2018. The recommendations are expected to promote affordable housing for the masses in the country.
One of the important recommendations made is to extend the concessional rate of GST of 12% (effective rate of 8% after deducting one third of the amount charged for the house, flat etc. towards the cost of land or undivided share of land, as the case may be) in housing

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Linked Subsidy Scheme may be taken by the Economical Weaker sections or Low/Middle Income Groups for purchase of houses under any project. The maximum annual income for eligibility of beneficiaries under the scheme can be up to ₹ 18 lakhs. It covers a very large section of population which aspires to own a home.
So far, houses acquired under CLSS attracted effective GST rate of 18% (effective GST rate of 12% after deducting value of land). The concessional rate of 12% was applicable only on houses constructed under the other three components of the Housing for All (Urban) Mission/Pradhan Mantri AwasYojana (Urban), namely (i) ln-situ redevelopment of existing slums using land as a resource component; (ii) Affordable Housing in partnership and (iii) Beneficiary led individual house construction/enhancement. The exemption has now been recommended for houses acquired under the CLSS component also. Therefore, the buyers would be entitled to interest subsidy under the Scheme as well

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he concessional rate of 12% to services by way of construction of low cost houses up to a carpet area of 60 sqm in a housing project which has been given infrastructure status under notification No. 13/06/2009 dated 30th March, 2009. The said notification of Department of Economic Affairs provides infrastructure status to Affordable Housing.
Affordable Housing has been defined in the said notification as a housing project using at least 50% of the FAR/FSI for dwelling units with carpet area of not more than 60 sqm. The recommendation of the Council would extend the concessional rate of 8% GST (after deducting value of land) to construction of flats/ houses of less than 60 sqm in projects other than the projects covered by any scheme of the Central or State Government also.
In addition to the above, in order to provide a fillip to the housing and construction sector, GST Council has decided to give exemption to leasing of land by Government to Governmental Authority or Government Enti

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PLEASE HELP TO GET REFUND AGAINST EXPORTED WITH PAYMENT OF IGST

PLEASE HELP TO GET REFUND AGAINST EXPORTED WITH PAYMENT OF IGST
Query (Issue) Started By: – nandankumar roy Dated:- 7-2-2018 Last Reply Date:- 25-2-2018 Goods and Services Tax – GST
Got 4 Replies
GST
SIR,
AS WE GOT NOT REFUND OF IGST AS 3B AND GSTR1 ALREADY SUBMITTED PROPERLY , SO PLEASE HELP TO GET THESE IGST REFUND AGAINST EXPORTED WITH PAYMENT OF IGST SINCE JULY'17.
REGARDS,
N K ROY
Reply By Alkesh Jani:
The Reply:
Sir, If refund is with regards to export of goods, please ask your CHA to check for errors through ICEGATE ans also contact the officer for refund at the customs port of export. you will get the information of the status of your refund.
Reply By Gorantla Bhaskar Rao:
The Reply:
Dear sir,
I agree with Shri Alkesh Jani sir. Since you have exported goods, the shipping bill itself is an application for refund. Once you filed GSTR 3B properly, I don't think your refund will be held up. Anyhow please check up with customs .
Reply By Praveen Nair:
T

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amount mis-match
Analysis of data revealed that exporters have quoted different invoice numbers for GST and Customs purposes. Also, IGST paid amount indicated in GSTR 1 is not tallying with IGST paid amount indicated in shipping bill. As the same transaction is being reported under GST Act and under Customs Act, the exporters may take care to ensure the details of invoice, such as Invoice number, IGST paid etc, under GSTR 1 and shipping bill match with each other.
iii) EGM Error
Due to either mismatch in information furnished in Export General Manifest (EGM) vis-å-vis shipping bill or non-filing of EGM in certain cases, the compliance of 'exported out of India' requirement in Rule 96 (2) of Central Goods and Services Tax (CGST) Rules, 2017 remained unfulfilled. It is also noticed that Gateway EGM in case of many ICD's Shipping Bills have been manually filed, due to which the system is unable to match the EGM details. Hence, it is to be ensured that all the shipping

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nth of August, 2017:
GSTN has provided the utility to declare Table 6A in GSTR 1 for exporters to fill in information related to Zero Rated Supplies. Once exporters file Table 6A, it would be possible to sanction refunds for the exports made in August 2017. Thus Public/Trade notices may be issued emphasizing the need to fill Table 6A online by exporters to claim refunds against exports made in August 2017. Exporters have already been provided an option to view their Shipping Bill data online on ICEGATE website, so that they can ensure filing of their Table 6A without any error. All necessary steps may be taken to make exporters aware that the common errors that hindered disbursal of IGST refunds in July are not repeated in subsequent months.
2. The GST council in its 22nd meeting has also approved the GST rate of 0.1% for supplies to merchant exporters and Notification No. 41/2017- Integrated Tax (Rate), Notification No. 40/2017- CGST (Rate) and Notification No. 40/2017 – UTGST (Rate

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Relief for MSME Borrowers registered under Goods and Services Tax (GST)

Relief for MSME Borrowers registered under Goods and Services Tax (GST)
RBI/2017-18/129 DBR.No.BP.BC.100/21.04.048/2017-18 Dated:- 7-2-2018 Circular
RBI
RBI/2017-18/129
DBR.No.BP.BC.100/21.04.048/2017-18
February 07, 2018
All banks and NBFCs regulated by the Reserve Bank of India
Madam / Dear Sir,
Relief for MSME Borrowers registered under Goods and Services Tax (GST)
Presently, banks and NBFCs in India generally classify a loan account as Non-Performing Asset (NPA) based on 90 day and 120 day delinquency norms, respectively. It has been represented to us that formalisation of business through registration under GST had adversely impacted the cash flows of the smaller entities during the transition phase with consequent diffi

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t was standard as on August 31, 2017.
iv. The amount from the borrower overdue as on September 1, 2017 and payments from the borrower due between September 1, 2017 and January 31, 2018 are paid not later than 180 days from their respective original due dates.
v. A provision of 5% shall be made by the banks/NBFCs against the exposures not classified as NPA in terms of this circular. The provision in respect of the account may be reversed as and when no amount is overdue beyond the 90/1201 day norm, as the case may be.
vi. The additional time is being provided for the purpose of asset classification only and not for income recognition, i.e., if the interest from the borrower is overdue for more than 90/1202 days, the same shall not be reco

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M/s Nahar Poly Film Ltd. Versus CGST, CC & CE, Bhopal

M/s Nahar Poly Film Ltd. Versus CGST, CC & CE, Bhopal
Central Excise
2018 (2) TMI 1398 – CESTAT NEW DELHI – TMI
CESTAT NEW DELHI – AT
Dated:- 7-2-2018
E/51856/2017-SM – A/50554/2018-SM[BR]
Central Excise
Mr. Ashok Jindal, Member (Judicial)
Shri Z.U. Alvi, Advocate – for the appellant
Shri G.R. Singh, D.R. – for the respondent
ORDER
Per: Ashok Jindal
The appellant is in appeal against the impugned order wherein demand of Rs. 3,92,916/- has been confirmed under Explanation 1 to Rule 6 (1) of Cenvat Credit Rules, 2004 along with penalty.
 2. The facts of the case are that the appellant is manufacturer of poly films. To manufacture poly films, the appellant required plastic granules and certain chemicals in ba

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provisions of Rule 6(1) or explanation thereof are not applicable to the facts of the case. He also took the support of the decision of the Hon'ble Apex Court in the case of CCE Vs. West Coast Industrial Gases Ltd. – 2003 (155) ELT 11 (SC).
4. On the other hand, ld. DR supported the impugned order and submits that the decision of the Hon'ble Apex Court in the case of West Coast Industrial Gases Ltd. (supra) is not applicable to the facts of this case as the explanation to Rule 6(1) has been inserted from 1.3.2015.
5. Heard the paties. Considered the submissions.
6. For better appreciation, Rule 6(1) and explanation thereto is extracted herein below.
(1) The CENVAT credit shall not be allowed on such quantity of input as is used in or i

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are applicable where the assessee is manufacturing dutiable as well as exempted goods. The appellant is not manufacturing these bags or barrels, therefore, Rule 6(1) or explanation thereto is not applicable to the facts of this case. Further, in the case of West Coast Industrial Gases Ltd. (supra), the Hon'ble Apex Court has examined the issue whether these bags or barrels can be treated as waste arising out of process of manufacturing or not. It was held by the Hon'ble Apex Court that the waste of raw material cannot be treated as a result of manufacturing activity and on that said logic, the Hon'ble Apex Court held that as these are not arising out of manufacturing process. Therefore, no provisions of Rule 57F of erstwhile Central Excise

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

The Punjab Goods and Services Tax (Second Amendment) Rules, 2018.
G.S.R.9/P.A.5/2017/S.164/Amd.(10)/2018 Dated:- 7-2-2018 Punjab SGST
GST – States
Punjab SGST
Punjab SGST
GOVERNMENT OF PUNJAB
DEPARTMENT OF EXCISE AND TAXATION
(EXCISE AND TAXATION-II BRANCH)
NOTIFICATION
The 7th February, 2018
No. G.S.R.9/P.A.5/2017/S.164/Amd.(10)/2018.-In exercise of the powers conferred by section 164 of the Punjab Goods and Services Tax Act, 2017 (Punjab Act No.5 of 2017), and all powers enabling him in this behalf, the Governor of Punjab, on the recommendations of the Council, is pleased to make the following rules further to amend the Punjab Goods and Services Tax Rules, 2017, namely:-
RULES
1. (1) These rules may be called the Punjab Goods and Services Tax (Second Amendment) Rules, 2018.
(2) Unless otherwise specified, they shall come into force on and with effect from the 29th December, 2017.
2. In the Punjab Goods and Services Tax Rules, 2017 (hereinafter referred to as t

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ices or both without payment of tax under bond or letter of undertaking in accordance with the provisions of sub-section (3) of section 16 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), refund of input tax credit shall be granted as per the following formula –
Refund Amount = (Turnover of zero-rated supply of goods + Turnover of zero-rated supply of services) x Net ITC ÷Adjusted Total Turnover
Where, –
(A) "Refund amount" means the maximum refund that is admissible;
(B) "Net ITC" means input tax credit availed on inputs and input services during the relevant period other than the input tax credit availed for which refund is claimed under sub-rules (4A) or (4B) or both;
(C) "Turnover of zero-rated supply of goods" means the value of zero-rated supply of goods made during the relevant period without payment of tax under bond or letter of undertaking, other than the turnover of supplies in respect of which refund is claimed

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(4A) or (4B) or both, if any, during the relevant period;
(F) “Relevant period” means the period for which the claim has been filed.
(4A) In the case of supplies received on which the supplier has availed the benefit of notification S.O.86/P.A.5/2017/S.147/2017 dated the 14th November, 2017, refund of input tax credit, availed in respect of other inputs or input services used in making zero-rated supply of goods or services or both, shall be granted.
(4B) In the case of supplies received on which the supplier has availed the benefit of notification S.O.88/P.A.5/2017/S.11/2017 dated the 14th November, 2017 or notification No. 41/2017-Integrated Tax (Rate) dated 23rd October, 2017, or both, refund of input tax credit, availed in respect of inputs received under the said notifications for export of goods and the input tax credit availed in respect of other inputs or input services to the extent used in making such export of goods, shall be granted.”.
5. In the said rules, in rule 9

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f goods or services should not have received supplies on which the supplier has availed the benefit of notification No. S.O.86/P.A.5/2017/S.147/2017 dated the 14thNovember, 2017 or notification No. S.O.88/P.A.5/2017/S.11/2017 dated the 14th November, 2017 or notification No. 41/2017-Integrated Tax (Rate) dated 23rd October, 2017.”.
7. In the said rules, for FORM GST REG-10, the following form shall be substituted, namely:-
“Form GST REG-10
[See rule 14(1)]
Application for registration of person supplying online information and data base access or retrieval services from a place outside India to a person in India, other than a registered person.
Part -A
(i)
Legal name of the person
(ii)
Tax identification number or unique number on the basis of which the entity is identified by the Government of that country
(iii)
Name of the Authorised Signatory
(iv)
Email Address of the Authorised Signatory
(v)
Name of the representative appointed in India, if any
(a) Permane

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FSC
6
Documents Uploaded
A customized list of documents required to be uploaded (refer Instruction) as per the field values in the form
7
Declaration
I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.
I, _ …………………………. hereby declare that I am authorised to sign on behalf of the
Registrant. I would charge and collect tax liable from the non-assesse online recipient located in taxable territory and deposit the same with Government of India.
Signature Place: Name of Authorised Signatory:
Date: Designation:
Note: Applicant will require to upload declaration (as per under mentioned format) along with scanned copy of the passport and photograph.
List of documents to be uploaded as evidence are as follows:-
1.
Proof of Place of Business of representative in India, if any:

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anned copy of License is issued by origin country
Scanned copy of Clearance certificate issued by Government of India
3
Bank Account Related Proof:
Scanned copy of the first page of Bank passbook / one page of Bank Statement
Opening page of the Bank Passbook held in the name of the Proprietor / Business Concern – containing the Account No., Name of the Account Holder, MICR and IFSC and Branch details.
4.
Scanned copy of documents regarding appointment as representative in India, if applicable
5.
Authorisation Form:-
For Authorised Signatory mentioned in the application form, Authorisation or copy of Resolution of the Managing Committee or Board of Directors to be filed in the following format:
Declaration for Authorised Signatory (Separate for each signatory)
I (Managing Director/Whole Time Director/CEO or Power of Attorney holder) hereby solemnly affirm and declare that <> to act as an authorised signatory for the business << Name of the Business>> for which appl

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In FORM GST REG-13 of the said rules,-
(a) in PART-B, at serial number 4, for the words, "Address of the entity in State", the words "Address of the entity in respect of which the centralized UIN is sought" shall be substituted; and
(b) under the Instructions, for the words, "Every person required to obtain a unique identity number shall submit the application electronically" the words "Every person required to obtain a unique identity number shall submit the application electronically or otherwise." shall be substituted.
9. Substitution of FORM GSTR-11.- For FORM GSTR-11 of the said rules, the following shall be substituted, namely:-
Form GSTR -11
[See rule 82]
Statement of inward supplies by persons having Unique Identification Number (UIN)
Year
Tax Period
1.
UIN
2.
Name of the person having UIN
Auto populated
3. Details of inward supplies received
(Amount in Rs. for all Tables)
GSTIN of supplier
Invoice/Debit Note/Credit Note

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y any specialized agency of UN or any Multilateral Financial Institution and Organization, Consulate or Embassy of foreign countries, etc.
1. UIN :
2. Name :
3. Address :
4. Tax Period (Quarter) : From
To
5. ARN and date of GSTR11: ARN <……………> Date
6. Amount of Refund Claim:
State
Central Tax
State /UT Tax
Integrated Tax
Cess
Total
7. Details of Bank Account:
a. Bank Account Number
b. Bank Account Type
c. Name of the Bank
d. Name of the Account Holder/Operator
e. Address of Bank Branch
f. IFSC
g. MICR
8. Verification
I _______ as an authorised representative of << Name of Embassy/international organization >> hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.
That we are eligible to claim such refund as specified agency of UNO/Multilateral Financial Institution and Organization, Consulate or

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Extends the due dates for quarterly furnishing of FORM GSTR-1 for taxpayers with aggregate turnover of upto 1.5 crore.

Extends the due dates for quarterly furnishing of FORM GSTR-1 for taxpayers with aggregate turnover of upto 1.5 crore.
S.O. 6/P.A.5/2017/S.148/2018 Dated:- 7-2-2018 Punjab SGST
GST – States
Punjab SGST
Punjab SGST
GOVERNMENT OF PUNJAB
DEPARTMENT OF EXCISE AND TAXATION
(EXCISE AND TAXATION-II BRANCH)
NOTIFICATION
The 7th February, 2018
No. S.O. 6/P.A.5/2017/S.148/2018.-In supersession of the Government of Punjab, Department of Excise and Taxation, Notification No. S.O. 90/P.A.5/2017/S.148/2017 dated the 28th November, 2017 and in exercise of the powers conferred by section 148 of the Punjab Goods and Services Tax Act, 2017 (Punjab Act No.5 of 2017), and all other powers enabling him in this behalf, the Governor of Punjab,

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Waiver of the late fee payable for failure to furnish the return in FORM GSTR-4

Waiver of the late fee payable for failure to furnish the return in FORM GSTR-4
S.O.7/P.A.5/2017/S.128/2018 Dated:- 7-2-2018 Punjab SGST
GST – States
Punjab SGST
Punjab SGST
GOVERNMENT OF PUNJAB
DEPARTMENT OF EXCISE AND TAXATION
(EXCISE AND TAXATION-II BRANCH)
NOTIFICATION
The 7th February, 2018
No. S.O.7/P.A.5/2017/S.128/2018.-In exercise of the powers conferred by section 128 of the Punjab Goods and Services Tax Act, 2017 (Punjab Act No.5 of 2017) (hereafter in this notific

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Manoj Kumar And Another Versus State Of U.P. And 3 Others

Manoj Kumar And Another Versus State Of U.P. And 3 Others
GST
2018 (4) TMI 347 – ALLAHABAD HIGH COURT – 2018 (11) G. S. T. L. 32 (All.)
ALLAHABAD HIGH COURT – HC
Dated:- 7-2-2018
Writ Tax No. – 134 of 2018
GST
Ms. Bharati Sapru And Mr. Neeraj Tiwari, JJ.
For The Petitioner : Nitin Kesarwani,Murari Mohan Rai
For The Respondent : C.S.C.,A.S.G.I.
ORDER
The petitioner states that he is a registered dealer who is carrying goods from Orissa to Punjab and has duly paid IGST o

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Issue related to classification and GST rate on lottery tickets

Issue related to classification and GST rate on lottery tickets
01/2017-18-GST Dated:- 7-2-2018 Goa SGST
GST – States
Government of Goa
Department of Commercial Taxes
Vikrikar Bhavan,
Panaji – Goa – 403001
CCT/26-4/2017-2018/5138
CIRCULAR
(No. 01/2017-18-GST)
Dated: 7th February, 2018
Subject: – regarding.
Supply of lottery has been treated as supply of goods under the Goa Goods and Services Tax (Goa GST) Act, 2017.
2. Accordingly, based on the recommendation of the GST Council, the GST rate for supply of lottery has been notified under relevant GST rate notification relating to Goa GST/ IGST/ CGST. However, entries in the respective notifications mention classification for lottery as – .
3. In this connection, referen

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System based reconciliation of information furnished in FORM GSTR-1 and FORM GSTR-2 with FORM GSTR-3B.

System based reconciliation of information furnished in FORM GSTR-1 and FORM GSTR-2 with FORM GSTR-3B.
02/2017-2018-GST Dated:- 7-2-2018 Goa SGST
GST – States
Government of Goa
Department of Commercial Taxes
Vikrikar Bhavan,
Panaji – Goa – 403001
CCT/26-4/2017-2018/5139
Dated: 07th February, 2018
CIRCULAR
(No. 02/2017-2018-GST)
Subject: System based reconciliation of information furnished in FORM GSTR-1 and FORM GSTR-2 with FORM GSTR-3B – regarding.
Sections 37, 38 and section 39 of the Goa Goods and Services Tax Act, 2017 (hereinafter referred to as 'the Act') read with rules 59, 60 and 61 of the Goa Goods and Services Tax Rules, 2017 (hereinafter referred to as 'the Rules') require every registered person to furnish details of outward supplies made in a month in FORM GSTR-1, details of inward supplies received in a month in FORM GSTR-2 and a return in FORM GSTR-3 by the 10th, 15th and 20th of the next month respectively. Keeping in view that taxpayer

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rocess of reconciliation between the information furnished in FORM GSTR 3B with that furnished in FORM GSTR-1 and FORM GSTR-2 would be carried out in accordance with the provisions of sub-rule (6) of rule 61 of the Rules.
4. The detailed procedure for reconciliation of information furnished in FORM GSTR-3 and FORM GSTR-3B is detailed in succeeding paras.
Furnishing of information in FORM GSTR- 1 & FORM GSTR-2:
5. It may be noted that after the registered person has filed his return in FORM GSTR-3B and the statement of outward supplies in FORM GSTR-1, the inward supplies shall be auto drafted for all registered persons (corresponding recipients of supply) and made available to them in FORM GSTR-2A as per sub-rule (3) of rule 59 of the Rules. FORM GSTR-2A is the exact replica of FORM GSTR-2 containing only those details that are auto-populated from the details furnished in FORM GSTR-1 by the corresponding suppliers. Based on the details communicated in FORM GSTR-2A, the registered per

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RM GSTR-2, as the case may be. For example, while preparing and furnishing the details in FORM GSTR-1, if the outward supplies have been under reported or excess reported in FORM GSTR-3B, the same may be correctly reported in the FORM GSTR-1. Similarly, if the details of inward supplies or the eligible ITC have been reported less or more than what they should have been, the same maybe reported correctly in the FORM GSTR-2. This will get reflected in the revised output tax liability or eligible ITC, as the case may be of the registered person. The details furnished in FORM GSTR-1 and FORM GSTR-2 will be auto-populated and reflected in the return in FORM GSTR-3 for that particular month.
Action on the system-based reconciliation:
7. After the registered person has furnished the statement of inward supplies in FORM GSTR-2 by the extended date, the common portal shall auto-draft Part-A of the return in FORM GSTR-3 for the said month based on the information furnished in FORM GSTR-1 and F

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than what has been paid as per FORM GSTR-3B, the common portal would show another instance of Table 12 for making additional payment of taxes, in accordance with the mandate of clause (b) of sub-rule (6) of rule 61. As the tax payable in column (2) of Table 12 of FORM GSTR-3 is more than what was shown in FORM GSTR-3B, the additional amount of tax payable can be paid by debiting the electronic cash or credit ledger as per the provisions contained in section 49 of the Act along with applicable interest on delayed payment of tax starting from 26th day of August, 2017 till the date of debit in the electronic cash or credit ledger. If the eligible ITC claimed by the person in FORM GSTR-2 is less than the ITC claimed and utilised by the registered person in FORM GSTR-3B, the same would be added to his output tax liability and shall have to be paid by him along with interest by debiting the electronic cash or credit ledger as per the provisions contained in section 49 of the Act before submi

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Reduction in output tax liability:
10. Where the output tax liability of the registered person as per the details furnished in FORM GSTR-1 and FORM GSTR-2 is less than the output tax liability as per the details furnished in the FORM GSTR-3B and the same is not offset by a corresponding reduction in the input tax credit to which he is entitled, the excess shall be carried forward to the next month's return to be offset against the output liability of the next month by the taxpayer when he signs and submits the return in FORM GSTR-3. However, simultaneously, if there is a decrease in the eligible input tax credit, the same will be adjusted against the above mentioned reduction in output tax liability and the balance, if any, of the reduction in output tax liability shall be carried forward to the next month's return to be offset against the output liability of the next month.
Submission of GSTR-3B without payment of taxes:
11. Where, for some reasons, the registered person h

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bmit the return in FORM GSTR-3 along with the payment of the due taxes as per the provisions of section 49 of the Act. However, since the payment was not made on or before the due date, the registered person shall be liable for payment of interest on delayed payment of tax starting from 26th day of August, 2017 till the date of debit in the electronic cash and / or credit ledger. No late fee, however, would be levied for late filing of return in terms of section 47 of the Act, in accordance with the recommendation of the GST Council, as notified vide Notification No. 38/1/2017Fin(R&C)(14)/2406 dated 21/09/2017 published in the Extraordinary Official Gazette Series 1 No. 25 dated 21/09/2017.
Processing of information furnished:
13. After submission of the information in FORM GSTR-1 and FORM GSTR-2, the process of matching as per section 41, 42 and 43 of the Act read with rules 69 to 76 of the Rules shall be carried out as if these details were submitted in the regular course. Any amen

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Clarification regarding applicability of GST on the superior kerosene oil [SKO] retained for the manufacture of Linear Alkyl Benzene [LAB]

Clarification regarding applicability of GST on the superior kerosene oil [SKO] retained for the manufacture of Linear Alkyl Benzene [LAB]
06/2017-2018-GST Dated:- 7-2-2018 Goa SGST
GST – States
Government of Goa
Department of Commercial Taxes
Vikrikar Bhavan,
Panaji – Goa – 403001
CCT/26-4/2017-2018/5143
Dated: 7th February, 2018
CIRCULAR
(No. 06/2017-2018-GST)
Subject: Clarification regarding applicability of GST on the superior kerosene oil [SKO] retained for the manufacture of Linear Alkyl Benzene [LAB]- Regarding.
Briefly stated, references have been received related to applicability of GST on the superior kerosene oil [SKO] retained for the manufacture of Linear Alkyl Benzene [LAB].
2. In this context, LAB manufactu

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7% of the total quantity of SKO received from refinery is retained and balance quantity ranging from 83%- 85% is returned back to refinery. The retained SKO is towards extraction of Normal Paraffin, which is used in the manufacturing of LAB. In this transaction consideration is paid by LAB manufactures only on the quantity of retained SKO (n-paraffin).
4. In this context, the GST Council recommended for issuance of a clarification that in this transaction GST will be payable by the refinery on the value of net quantity of superior kerosene oil (SKO) retained for the manufacture of Linear Alkyl Benzene (LAB).
5. Accordingly, it is here by clarified that, in aforesaid case, GST will be payable by the refinery only on the net quantity of sup

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Procedure regarding procurement of supplies of goods from DTA by Export Oriented Unit (EOU)/Electronic Hardware Technology Park (EHTP) Unit/ Software Technology Park (STP) Unit/Bio-Technology Parks (BTP) Unit under deemed export benefits under s

Procedure regarding procurement of supplies of goods from DTA by Export Oriented Unit (EOU)/Electronic Hardware Technology Park (EHTP) Unit/ Software Technology Park (STP) Unit/Bio-Technology Parks (BTP) Unit under deemed export benefits under section 147 of Goa Goods and Services Tax Act, 2017
08/2017-2018-GST Dated:- 7-2-2018 Goa SGST
GST – States
Government of Goa
Department of Commercial Taxes
Vikrikar Bhavan,
Panaji – Goa – 403001
CCT/26-4/2017-2018/5145
Dated: 7th February, 2018
CIRCULAR
(No. 08/2017-2018-GST)
Subject – Procedure regarding procurement of supplies of goods from DTA by Export Oriented Unit (EOU)/Electronic Hardware Technology Park (EHTP) Unit/ Software Technology Park (STP) Unit/Bio-Technology Parks (BTP) Unit under deemed export benefits under section 147 of Goa Goods and Services Tax Act, 2017 – reg.
In accordance with the decisions taken by the GST Council to resolve certain difficulties being faced by exporters post GST, it has been decided th

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ation No. 38/1/2017-Fin(R&C)(26)/3640 dated 02nd November, 2017, the following procedure and safeguards are prescribed-
(i) The recipient EOU / EHTP / STP / BTP unit shall give prior intimation in a prescribed proforma in “Form-A” (appended herewith) bearing a running serial number containing the goods to be procured, as pre-approved by the Development Commissioner and the details of the supplier before such deemed export supplies are made. The said intimation shall be given to-
(a) the registered supplier;
(b) the jurisdictional GST officer in charge of such registered supplier; and
(c) its jurisdictional GST officer.
(ii) The registered supplier thereafter will supply goods under tax invoice to the recipient EOU / EHTP / STP / BTP unit.
(iii) On receipt of such supplies, the EOU / EHTP / STP / BTP unit shall endorse the tax invoice and send a copy of the endorsed tax invoice to-
(a) the registered supplier;
(b) the jurisdictional GST officer in charge of such registered

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B containing transactions for the month, shall be provided to the jurisdictional GST officer, each month (by the 10th of month) in a CD or Pen drive, as convenient to the said unit.
3. The above procedure and safeguards are in addition to the terms and conditions to be adhered to by a EOU / EHTP / STP / BTP unit in of the Foreign Trade Policy, 2015- 20 and the duty exemption notification being availed by such unit.
4. Difficulty, if any, in implementation of the above instructions may please be brought to the notice of the undersigned.
(Dipak M. Bandekar)
Commissioner of State Tax
Note: Similar circular is issued under Central Goods and Service Tax Act, 2017 by GST Policy Wing, Central Board of Excise and Customs, Dept. of Revenue, Ministry of Finance, GOI vide Circular No. 14/14/2017-GST dated 06th November, 2017.
Form – A
(Intimation for procurement of supplies from the registered person by Export Oriented Unit (EOU)/E1ectronic Hardware Technology Park (EHTP) Unit/ Software Te

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(Name of supplier, address and Goods & Services Tax Identification Number(GSTIN)). Such supplies on receipt would be used in manufacturing of goods or rendering services by us. We would also abide by procedure set out in Circular no……………. dated -.
Signatures of the owner of
EOU/EHTP/STP/BTP unit
or his Authorised person
To:
1. The GST officer having Jurisdiction over the EOU/EHTP/STP/BTP unit.
2. The GST officer having Jurisdiction over the registered person intending to supply the goods.
3. The registered person intending to supply goods to EOU/EHTP/STP/BTP unit.
For the month of…………………
FORM- B
Form to be maintained by EOU/EHTP/STP/BTP unit for the receipt, use and removal of goods received under deemed export benefit under section 147 of CGST Act,2017 read with Notification No. 48/2017-Central Tax dated 18.10.2017.
(as per Circular………..dated………&hel

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Clarifications regarding applicability of GST and availability of ITC in respect of certain services.

Clarifications regarding applicability of GST and availability of ITC in respect of certain services.
09/2017-2018-GST Dated:- 7-2-2018 Goa SGST
GST – States
Government of Goa
Department of Commercial Taxes
Vikrikar Bhavan,
Panaji – Goa – 403001
CCT/26-4/2017-2018/5146
Dated: 7th February, 2018
CIRCULAR
(No. 09/2017-2018-GST)
Subject: Clarifications regarding applicability of GST and availability of ITC in respect of certain services.
Clarification with regard to certain issues are as under: 
Sl.No.
Issue
Comment
1.
Is GST applicable on warehousing of agricultural produce such as tea (i.e. black tea, white tea etc.), processed coffee beans or powder, pulses (de-husked or split), jaggery, processed spices, processed dry fruits, processed cashew nuts etc.?
1. As per GST notification No. 38/1/2017-Fin(R&C)(11/2017-Rate), dated 30.06.2017, at Sl.No. 24 and notification No. 38/1/2017-Fin(R&C)(12/2017-Rate) Sl.No. 54, published in Extraordinary Official Gazette

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unloading, packing, storage or warehousing of agricultural produce. Same is the case with coffee obtained after processing of coffee beans.
5. Similarly, processing of sugarcane into jaggery changes its essential characteristics. Thus, jaggery is also not an agricultural produce.
6. Pulses commonly known as dal are obtained after dehusking or splitting or both. The process of dehusking or splitting is usually not carried out by farmers or at farm level but by the pulse millers. Therefore pulses (dehusked or split) are also not agricultural produce. However whole pulse grains such as whole gram, rajma etc. are covered in the definition of agricultural produce.
7. In view of the above, it is hereby clarified that processed products such as tea (i.e. black tea, white tea etc.), processed coffee beans or powder, pulses (dehusked or split), jaggery, processed spices, processed dry fruits, processed cashew nuts etc. fall outside the definition of agricultural produce given in notificatio

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vailable for discharging GST on inter-state supply of such aircraft engines, parts & accessories by way of inter-state stock transfers between distinct persons as specified in section 25 of the Goa GST Act, notwithstanding that credit of input tax charged on consumption of such goods is not allowed for supply of service of transport of passengers by air in economy class at GST rate of 5%.
3.
3. Is GST leviable on General Insurance policies provided by a State Government to employees of the State government/ Police personnel, employees of Electricity Department or students of colleges/ private schools etc.
(a) where premium is paid by State Government and
(b) where premium is paid by employees, students etc.?
It is hereby clarified that services provided to the Central Government, State Government, Union territory under any insurance scheme for which total premium is paid by the Central Government, State Government, Union territory are exempt from GST under Sl. No. 40 of notificati

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Clarification on refund of unutilized input tax credit of GST paid on inputs in respect of exporters of fabrics.

Clarification on refund of unutilized input tax credit of GST paid on inputs in respect of exporters of fabrics.
11/2017-2018-GST Dated:- 7-2-2018 Goa SGST
GST – States
Government of Goa
Department of Commercial Taxes
Vikrikar Bhavan,
Panaji – Goa – 403001
CCT/26-4/2017-2018/5148
Dated: 7th February, 2018
CIRCULAR
(No. 11/2017-2018-GST)
Subject: Clarification on refund of unutilized input tax credit of GST paid on inputs in respect of exporters of fabrics – regarding.
Doubts have been raised regarding the restrictions of refund of unutilized input tax credit of GST paid on inputs to manufacturer exporters of fabrics [falling under chapters 50 to 55 and 60 and headings 5608, 5801, 5806] under GST.
2.1 The matter has been

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n the recommendations of the GST Council, Notification No. 38/1/2017-Fin(R&C)(5/2017-Rate) dated 30th June, published in the Extraordinary Official Gazette No. 3 , Series I No. 13 dated 30th June, 2017 [as amended from time to time] has been issued under clause (ii) of the proviso to sub-section (3) of section 54 of the Goa GST Act, 2017 restricting refund of unutilised input tax credit of GST paid on inputs in respect of certain specified goods, including input tax credit of GST paid on inputs.
2.3 However, the aforesaid notification having been issued under clause (ii) of the proviso to sub-section (3) of section 54 of the Goa GST Act, 2017, restriction on refund of unutilised input tax credit of GST paid on inputs will not be applicable

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Issue related to classification and GST rate on Terracotta idols.

Issue related to classification and GST rate on Terracotta idols.
13/2017-2018-GST Dated:- 7-2-2018 Goa SGST
GST – States
Government of Goa
Department of Commercial Taxes
Vikrikar Bhavan,
Panaji – Goa – 403001
CCT/26-4/2017-2018/5150
Dated: 7th February, 2018
CIRCULAR
(No. 13/2017-2018-GST)
Subject: Issue related to classification and GST rate on Terracotta idols-regarding
The GST rate on Idols made of clay is Nil. (Sl.No. 135A of Schedule notification 38/1/2017-Fin(R&C)(2/2017

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Clarifications regarding GST on College Hostel Mess Fees

Clarifications regarding GST on College Hostel Mess Fees
18/2017-2018-GST Dated:- 7-2-2018 Goa SGST
GST – States
Government of Goa
Department of Commercial Taxes
Vikrikar Bhavan,
Panaji – Goa – 403001
Ph: 0832-2229430
CCT/26-4/2017-2018/5155
Dated: 7th February , 2018
CIRCULAR
(No. 18/2017-2018-GST)
Subject: reg.
The educational institutions have mess facility for providing food to their students and staff. Such facility is either run by the institution/ students themselves or is outsourced to a third person. Supply of food or drink provided by a mess or canteen is taxable at 5% without Input Tax Credit [Serial No. 7(i) of Notification No. 38/1/2017-Fin(R&C)(11/2017-Rate) dated 30.06.2017, published in the Extraordinary

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Clarification regarding applicability of GST on Polybutylene feedstock and Liquefied Petroleum Gas retained for the manufacture of Poly Iso Butylene and Propylene or Di-butyl para Cresol.

Clarification regarding applicability of GST on Polybutylene feedstock and Liquefied Petroleum Gas retained for the manufacture of Poly Iso Butylene and Propylene or Di-butyl para Cresol.
19/2017-2018-GST Dated:- 7-2-2018 Goa SGST
GST – States
Government of Goa
Department of Commercial Taxes
Vikrikar Bhavan,
Panaji -Goa-403001
Dated: 7th February, 2018
CIRCULAR
(No. 19/2017-2018-GST)
Subject: Clarification regarding applicability of GST on Polybutylene feedstock and Liquefied Petroleum Gas retained for the manufacture of Poly Iso Butylene and Propylene or Di-butyl para Cresol – Regarding.
The principal raw materials for manufacture of Propylene or Di-butyl para Cresol and Poly Iso Butylene goods are Liquefied Petroleum Gas

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of net quantity of polybutylene feedstock and liquefied petroleum gas retained for the manufacture of Poly Iso Butylene and Propylene or Di-butyl Para Cresol.
4. Accordingly, it is hereby clarified that, in the aforesaid cases, GST will be payable by the refinery only on the net quantity of Polybutylene feedstock and Liquefied Petroleum Gas retained by the manufacturer for the manufacture of Poly Iso Butylene and Propylene or Di-butyl para Cresol. Though, the refinery would be liable to pay GST on such returned quantity of Polybutylene feedstock and Liquefied Petroleum Gas, when the same is supplied by it to any other person.
5. This clarification is issued in the context of the Goods and Service Tax (GST) law only and past issues, if an

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Filing of Returns under GST

Filing of Returns under GST
20/2017-2018-GST Dated:- 7-2-2018 Goa SGST
GST – States
=============
Document 1
Government of Goa
Department of Commercial Taxes
Vikrikar Bhavan,
Panaji – Goa – 403001
–
email: comm-ctax.goa@nic.in
Dated: 7th February, 2018
Ph: 0832-2229430
CCT/26-4/2017-2018/5/57
CIRCULAR
(No. 20/2017-2018-GST)
Subject: Filing of Returns under GST- regarding
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 / filing of FORM GSTR-
3B and other related queries. In order to consolidate the information in various
notifications and circulars regarding return filing and to ensure uniformity in
implementation across field formations, the Commissioner, in exercise of its
powers conferred under section 168 (1) of the Goa Goods and Services Tax Act,
2017 hereby clarifies the following issue

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ublished in Official Gazette.
Series II No. 40 dated 04th January, 2018. (superseding Notification No.
38/1/2017-Fin(R&C) (31) dated 23rd November, 2017, published in
Extraordinary Official Gazette, Series 1 No. 34 dated 23rd November, 2017
and CCT/26-2/2017-18/22 dated 15th November, 2017, published in
Extraordinary Official Gazette No. 2, Series II No. 32 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, many taxpayers have already
filed their FORM GSTR-1 for the month of July, such taxpayers shall not
file these details again and shall only file details for the month of August
and September, 2017. Fo

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Section 2(6) of the Goa Goods and Services Tax Act,
2017 (hereinafter referred as ” Goa GST Act”) 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 may be
liable for punitive action under the Goa GST Act, 2017.
2.Applicability and quantum of late fee:
2.1 The late fee f

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n of errors:
COMMISSIONER
GOVT. O
L-GOA
3.1 Various representations have been received wherein registered persons have
requested for clarification on the procedure for rectification of errors made
3
TAXES
*
while filing their FORM GSTR-3B. In this regard, Circular No. 2/2017-
2018-GST dated 7th February, 2018 was issued which clarified that errors
committed while filing FORM GSTR – 3B may be rectified while 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 Since, the GST Council has decided that the time period of filing of FORM
GSTR-2 and FORM GSTR -3 for the month of July 2017 to March 2018
would be worked out by a Committee of

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he 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 GSTR3B 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.
TAXES
COMMISSIONER OF COMMERCIAL
GOVT. OF GOA, PANAJI-GOA
4
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 be taken to ensure the
accuracy of the figures before proceeding to offset the liabilities.
6.
It is further

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I
Liability was
under
reported
Change in
FORM
GSTR-1
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.
Use “Edit” facility to add under
reported liability
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, they
were not sure of how to proceed.
What can they do?
The company may use the edit
return” facility to add such liability
in their submitted return and then
proceed for filing of their return
|
Stage of Return Filing (GSTR – 3B)
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 add such liability and
additional cash, if re

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quent 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 Company had
filed their returns in order to not pay late
fee and other penalties. What can they do?
In this case, they may report this
additional liability in the return of next
month and pay tax with interest.
If such liability was not reported in FORM GSTR-1 of the month/quarter, then such liability may be declared in the subsequent
month's/quarter's FORM GSTR-1 in which payment was made.
COMISSIONER
OF
COMMERCIAL
TAXES
GOVT. OF GOA
RENENGOA
6
Common
Error II
–
Liability was
over reported
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 of Return Filing (GSTR – 3B)
Stage 2
Cash ledger updated
Cash was added to

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he 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 can
partially debit their cash ledger to offset
their tax liability. Further, remaining
balance can either be claimed as refund or
used to offset future liabilities.
Stage 3
Offset Liability
Stage 4
Return Filed
All liabilities were offset Return was filed.
by debiting the cash and
credit ledger. No action
was taken after this step.
Liability may be adjusted in return of subsequent
month(s) or refund may be claimed where adjustment
is not feasible.
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 filed and no change could be done
to reduce the liabilities. What can company B do?
In this case, they may reduce this liabi

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g 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 supply as intra-state supply and
submitted the return. Further, they also had
updated their Central Tax and State tax cash
Company C is registered in the State of
Haryana. While entering their outward
supplies in FORM GSTR3B, the company
realized that they had inadvertently, shown
inter-State supply as intra-State supply and
submitted the return. What can they do?
In this case, the company will have to rectify | ledgers. What can they do?
wrongly reported liability using the edit
facility. Here, the company will reduce their
Central Tax / State tax supplies and liability
and add integrated tax liability and proceed
to file their return.
In this case, the company will have to rectify
wrongly reported liabil

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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 the subsequent months
returns or claim refund of the same.
Such taxpayers will have to file for amendments by filling Table 9 of the subsequent month's / quarter's FORM GSTR-1.
TAXES
COMMISSIONER OF COMMERCIAL
GOVT. OF GOA AVAJAGO
00
8
Common
Error
IV
Input Tax
credit was
under
reported
Change in
Stage 1
Confirmed submission
Stage of Return Filing (GSTR-3B)
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.
Use 'Edit” facility to add un-availed input tax
credit. Input tax Credit will be added to the
credit ledger and may be used for offsetting this
month or subsequent month's lia

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this month
or for subsequent months.
No Action
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 may add such Input tax
credit in their return for subsequent
month(s).
FORM
GSTR-1
CONERS SIGNER
GOVT. OF
ان من
COMMERCIAL
-GO
TAXES
9
Common
Error – V
Input tax
credit was
over
reported
Change in
FORM
GSTR-1
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 of Return Filing (GSTR – 3B)
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 the over Additional cash, if requir

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osit 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 subsequent month (s).
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/-. Company E also utilized their
additional input tax credit and filed their
returns. What can they do?
Since, the company had utilized ineligible
credit to offset such liabilities, the company
will have to pay (through cash) / Reverse such
over reported utilized input tax credit with
interest.
10
GOUT OF COP
Common Error
– VI
Input Tax
Credit of the
wrong tax was
taken
Change in
FORM GSTR-1
Stage 1
C

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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?
They can use “edit” facility to correct
central 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
Stage 4
Return Filed
Offset Liability
All liabilities were offset by Return
debiting the cash and credit filed.
ledger. No action was taken after
this step.
was
Pay(through cash) / Reverse any wrongly reported
input tax credit in return of subsequent month(s).
For under reported input tax credit, the same may
be availed in return of subsequent month(s).
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 credit. In order to avoid late fee and
penalties, they paid Rs. 20

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Clarifications regarding GST on College Hostel Mess Fees.

Clarifications regarding GST on College Hostel Mess Fees.
Trade Notice No. 18/2017-18 Dated:- 7-2-2018 Madhya Pradesh SGST
GST – States
OFFICE OF THE COMMISSIONER, GOODS & SERVICES TAX HQRS.
GST BHAWAN, NAPIER TOWN, JABALPUR (M.P.) 482001
C.No. IV(16)01/Trade Notice/HQ/Tech/2017-18
Trade Notice No. 18/2017-18
Dated 07.02.2018
Clarifications regarding GST on College Hostel Mess Fees – Reg.
Kind attention is invited to Circular No.28/02/2018-GST dated 08.01.2018 issued under F.No.35

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USA Company – US Citizen- Living India more than 3 years

USA Company – US Citizen- Living India more than 3 years
Query (Issue) Started By: – Prime Edge Dated:- 6-2-2018 Last Reply Date:- 14-3-2018 Goods and Services Tax – GST
Got 10 Replies
GST
Hello,
I am USA Citizen. I have Tax return filing Firm in USA. Its LLC sole proprietorship. Its single member only company. I am the member. I run that company from India for USA Clients and Money goes to that company and later that money comes to member of that company. That means money will come back to me. I file the tax return in India and Report the income. Do I have to file GST as LUT? As far as I feel that since money is going to Company, I don't have to deal with GST.
Please assist on this query.
Thanks.
Reply By Rajagopalan R

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ports of goods or services or both and inter-State supplies of persons having the same Permanent Account Number, to be computed on all India basis but excludes Central tax, State tax, Union Territory tax, Integrated tax and Cess.
The value of following supplies shall be taken into account while computing the limit of ₹ 20 Lakh/ ₹ 10 Lakh.
(a)
Value of all taxable supplies excluding the value of inward supplies
(b)
Value of exempted supplies
(c)
Value of export goods or services or both
(d)
Value of inter-State supplies of persons having same Permanent Account Number to be computed on all India basis
Thus in view of the above legal position and in view of your turnover in the preceding year as well as this year, you can

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tributed to member of Partnership LLC company. Do I still fall into GST registration and filing GST Return?
Reply By KASTURI SETHI:
The Reply:
Company is treated as a person. One irrespective of members in a. Company. If you talk of partnership firm, it is one.
Reply By Prime Edge:
The Reply:
i think I didn't explain my company structure.
Prime Edge LLC(USA Based)
Member 1 : Janak Shah
Member 2: Akshay Shah
Both members are based on India. Prime Edge LLC is providing service tax return filing to USA based Customers. Both members are paying the taxes to India for the profit which coming from LLC.
Based on my understanding both members are not required to file GST even revenue goes more than ₹ 20 lakh. Please confirm it.

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Refund of GST paid against supply to SEZ units

Refund of GST paid against supply to SEZ units
Query (Issue) Started By: – MohanLal tiwari Dated:- 6-2-2018 Last Reply Date:- 8-2-2018 Goods and Services Tax – GST
Got 4 Replies
GST
Dear Experts,
We have supplied goods during July'17 to SEZ unit on payment of applicable IGST, our SEZ customer had initially paid the IGST charged in bill but later on recovered asking to claim refund.
Kindly advise procedure with rulings & forms if any for claiming refund of IGST paid on supplies to SEZ units.
Reply By Rajagopalan Ranganathan:
The Reply:
sir,
According to second proviso to rule 89 (1) of CGST rules, 2017 "in respect of supplies to a Special Economic Zone unit or a Special Economic Zone developer, the application for

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TRA:
The Reply:
GST RFD-01 is to be filed online as duty will be debited at common portal by doing so and ARN shall be generated. Application with supporting documents is to be filed manually with jurisdictional GST officer.
Reply By Gorantla Bhaskar Rao:
The Reply:
Dear sir,
I agree with the above experts. However, as of now due to non-availability of the refund module on the common portal, manual filing and processing of refund claims in respect of zero-rated supplies was prescribed vide CBEC circular 17/17/2017-GST Dt.15.11.2017. Accordingly, the application for refund of integrated tax (IGST) paid on zero-rated supply of goods to SEZ developer/SEZ unit is required to be filed in Form GST RFD-01A (as notified in the CGST Rules vide N

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RCM & FCM METHOD FOR TRANSPORTER

RCM & FCM METHOD FOR TRANSPORTER
Query (Issue) Started By: – MANAV KEDIA Dated:- 6-2-2018 Last Reply Date:- 6-2-2018 Goods and Services Tax – GST
Got 2 Replies
GST
CAN A TRANSPORTER REGISTERED IN DIFFERENT STATES OPT FOR FCM IN ONE STATE AND RCM IN ANOTHER STATE and WHAT WILL BE THE PROCEDURE TO TAKE INPUT TAX CREDIT ?
Reply By Ganeshan Kalyani:
The Reply:
The service provider is exempted from taking registration if the service provided by him is covered under reverse charge notif

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GST ON SUPPLY OF USED MOTOR VEHICLE BY TRANSPORTER

GST ON SUPPLY OF USED MOTOR VEHICLE BY TRANSPORTER
Query (Issue) Started By: – MANAV KEDIA Dated:- 6-2-2018 Last Reply Date:- 26-2-2018 Goods and Services Tax – GST
Got 5 Replies
GST
WHAT WILL BE GST RATE ON SUPPLY OF USED MOTOR VEHICLE BY TRANSPORTER AND ALSO RELEVANT NOTIFICATION ?
Reply By CS SANJAY MALHOTRA:
The Reply:
IGST Notification No 09/2018 w.e.f. 25/01/18
Reply By Ganeshan Kalyani:
The Reply:
Great relief is given by the Govt by reducing the tax rate.
Reply By CS SA

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Goods and Services Tax Settlement of Funds (Amendment) Rules, 2018

Goods and Services Tax Settlement of Funds (Amendment) Rules, 2018
F. No. 31013/16/2017-ST-I-DoR – G.S.R. 145(E) Dated:- 6-2-2018 Central GST (CGST)
GST
CGST
CGST
MINISTRY OF FINANCE
(Department of Revenue)
NOTIFICATION
New Delhi, the 6th February, 2018
G.S.R. 145(E).-In exercise of the powers conferred by section 53 read with section 17 of the Central Goods and Services Tax Act, 2017 (12 of 2017), sections 17 and 18 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017) and section 21 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017), the Central Government hereby makes the following amendments in the Goods and Services Tax Settlement of Funds Rules, 2017, namely:-
1. (1) These rules may be c

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