Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Delhi Goods and Services Tax Rules, 2017

Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Delhi Goods and Services Tax Rules, 2017
F.2(13)/Policy-GST/2017/1130-36 Dated:- 27-11-2017 Delhi SGST
GST – States
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
DEPARTMENT OF TRADE AND TAXES
GST BRANCH
VYAPAR BHAWAN : I.P. ESTATE: NEW DELHI-02
No. F.2(13)/Policy-GST/2017/1130-36
Dated 27/11/2017
ORDER
(Ref. Order 10/2017-GST)
Subject : Extension of time limit for submitting the

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Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117 of the Delhi Goods and Services Tax Rules, 2017

Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117 of the Delhi Goods and Services Tax Rules, 2017
F.2(13)/Policy-GST/2017/1123-29 Dated:- 27-11-2017 Delhi SGST
GST – States
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
DEPARTMENT OF TRADE AND TAXES
GST BRANCH
VYAPAR BHAWAN : I.P. ESTATE: NEW DELHI-02
No. F.2(13)/Policy-GST/2017/1123-29
Dated 27/11/2017
ORDER
(Ref. Order 09/2017-GST)
Subject : Extension of time limit for submitting the d

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

Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03
F.2(13)/Policy-GST/2017/1116-22 Dated:- 27-11-2017 Delhi SGST
GST – States
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
DEPARTMENT OF TRADE AND TAXES
GST BRANCH
VYAPAR BHAWAN : I.P. ESTATE: NEW DELHI-02
No. F.2(13)/Policy-GST/2017/1116-22
Dated 27/11/2017
ORDER
(Ref. Order 05/2017-GST)
Subject: Extension of

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Delhi Goods and Services Tax (Eleventh Amendment) Rules, 2017

Delhi Goods and Services Tax (Eleventh Amendment) Rules, 2017
51/2017 – State Tax Dated:- 27-11-2017 Delhi SGST
GST – States
Delhi SGST
Delhi SGST
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
FINANCE (REVENUE-I) DEPARTMENT
DELHI SACHIVALAYA, I.P. ESTATE: NEW DELHI-110 002
No. F3(58) /Fin (Rev-I) /2017-18/DS-VI/764
Dated 27/11/2017
Notification No. 51/2017 – State Tax
In exercise of the powers conferred by section 164 of the Delhi Goods and Services Tax Act, 2017 (Delhi Act 03 of 2017), the Lt. Governor of the National Capital Territory of Delhi, hereby makes the following rules further to amend the Delhi Goods and Services Tax Rules, 2017, namely:-
1. (1) These rules may be called the Delhi Goods and Services Tax

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e inserted;
(iii) in rule 96, in sub-rule (2), the following provisos shall be inserted, namely:-
"Provided that where the date for furnishing the details of outward supplies in FORM GSTR-1 for a tax period has been extended in exercise of the powers conferred under section 37 of the Act, the supplier shall furnish the information relating to exports as specified in Table 6A of FORM GSTR-1 after the return in FORM GSTR-3B has been furnished and the same shall be transmitted electronically by the common portal to the system designated by the Customs:
Provided further that the information in Table 6A furnished under the first proviso shall be auto-drafted in FORM GSTR-1 for the said tax period.",
(iv) in rule 96A. in sub-rule (2

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Waiver the late fee payable FORM GSTR-3B for the months of August and September, 2017

Waiver the late fee payable FORM GSTR-3B for the months of August and September, 2017
50/2017 – State Tax Dated:- 27-11-2017 Delhi SGST
GST – States
Delhi SGST
Delhi SGST
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
FINANCE (REVENUE-I) DEPARTMENT
DELHI SACHIVALAYA, I.P. ESTATE: NEW DELHI-110 002
No. F3(55) /Fin (Rev-I) /2017-18/DS-VI/761
Dated 27/11/2017
Notification No. 50/2017 – State Tax
In exercise of the powers conferred by section 128 of the Delhi Goods and Servic

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

The Puducherry Goods and Services Tax (Twelfth Amendment) Rules, 2017.
G.O. Ms. No. 57/CT/2017-18 Dated:- 27-11-2017 Puducherry SGST
GST – States
Puducherry SGST
Puducherry SGST
GOVERNMENT OF PUDUCHERRY
COMMERCIAL TAXES SECRETARIAT
(G.O. Ms. No. 57/CT/2017-18,
Puducherry, dated 27th November 2017)
NOTIFICATION
In exercise of the powers conferred by section 164 of the Puducherry Goods and Services Tax Act, 2017 (Act No. 6 of 2017), the Lieutenant-Governor, Puducherry, hereby makes the following rules further to amend the Puducherry Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the Puducherry Goods and Services Tax (Twelfth Amendment) Rules, 2017.
(2) They shall be deemed to have come into force from the 15th day of November, 2017.
2. In the Puducherry Goods and Services Tax Rules, 2017,-
(i) in rule 43, after sub-rule (2), the following explanation shall be inserted, namely:-
“Explanation- For the purposes of rule 42 and this rule,

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manual filing of the said application, intimation, reply, declaration, statement or issuance of the said notice, order or certificate in such Forms as appended to these rules.”;
(iv) after rule 107, the following rule shall be inserted, namely:-
“107A. Manual filing and processing.- Notwithstanding anything contained in this Chapter, in respect of any process or procedure prescribed herein, any reference to electronic filing of an application, intimation, reply, declaration, statement or electronic issuance of a notice, order or certificate on the common portal shall, in respect of that process or procedure, include manual filing of the said application, intimation, reply, declaration, statement or issuance of the said notice, order or certificate in such Forms as appended to these rules.”;
(v) after rule 109, the following rule shall be inserted, namely:-
“109A. Appointment of Appellate Authority- (1) Any person aggrieved by any decision or order passed under the Puducherry Goods

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mercial Tax Officer, within six months from the date of communication of the said decision or order.”;
(vi) after the “FORM GST RFD-01”, the following forms shall be inserted, namely:-
“FORM-GST-RFD-01 A
[See rules 89(1) and 97A]
Application for Refund (Manual)
(Applicable for casual taxable person or non-resident taxable person, tax deductor, tax collector and other registered taxable person)
1.
GSTIN / Temporary ID
 
2.
Legal Name
 
3.
Trade Name, if any
 
4.
Address 
 
5.
Tax period  (if applicable)
From  To   
6.
Amount of Refund Claimed(Rs.)
Act
Tax
Interest
Penalty
Fees
Others
Total
Central tax
 
 
 
 
 
 
State/UT tax
 
 
 
 
 
 
Integrated tax
 
 
 
 
 
 
Cess
 
 
 
 
 
 
Total 
 
 
 
 
 
&

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aimed in the application does not include ITC availed on goods or services used for making 'nil' rated or fully exempt supplies.  
Signature
Name –
Designation / Status
 
DECLARATION [rule 89(2)(f)]
I hereby declare that the Special Economic Zone unit /the Special Economic Zone developer has not availed of the input tax credit of the tax paid by the applicant, covered under this refund claim.  
Signature
Name –
Designation / Status
 
SELF- DECLARATION [rule 89(2)(l)]
I/We ____________________ (Applicant) having GSTIN/ temporary Id -, solemnly affirm and certify that in respect of the refund amounting to Rs. / with respect to the tax, interest, or any other amount for the period fromto-, claimed in the refund application, the incidence of such tax and interest has not been passed on to any other person.
Signature
Name –
Designation / Status  
(This Declaration is not required to be furnished by applicants, who are claiming refund under

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refund amount
(Amount in Rs.)
Turnover of zero rated supply of goods and services
Net input tax credit
Adjusted total turnover
Refund amount
(1×2/3)
1
2
3
4
 
 
 
 
Statement-5A [rule 89(4)]
Refund Type: On account of supplies made to SEZ unit / SEZ developer without payment of tax (accumulated ITC) – calculation of refund amount
(Amount in Rs.)
Turnover of zero rated supply of goods and services
Net input tax credit
Adjusted total turnover
Refund amount
(1×2/3)
1
2
3
4
 
 
 
 
FORM-GST-RFD-01 B
[See rules 91(2), 92(1), 92(3), 92(4), 92(5) and 97A]
Refund Order details
1.
ARN
 
2.
GSTIN/Temporary ID
 
3.
Legal Name
 
4.
Filing Date
 
5.
Reason of Refund
 
6.
Financial Year
 
7.
Month
 
8.
Order No.:
 
9.
Order issuance Date:
 
10.
Payment Advice No.:
 
11.
Payment Advice Date: 
 
12.
Refund Issued To:
Drop

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Regarding notifying certain goods at the tax rate 2.5 percent under the Delhi Goods and Services Tax Act w.e.f. 18 Oct 2017

Regarding notifying certain goods at the tax rate 2.5 percent under the Delhi Goods and Services Tax Act w.e.f. 18 Oct 2017
39/2017-State Tax (Rate) Dated:- 27-11-2017 Delhi SGST
GST – States
Delhi SGST
Delhi SGST
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI
FINANCE (REVENUE-I) DEPARTMENT
NOTIFICATION NO. 39/2017-State Tax (Rate)
Delhi, the 27th November, 2017
No. F. 3 (56)/Fin (Rev-I)/2017-18/DS-VI/762.-In exercise of the powers conferred by sub-section (1) of section 9 of the Delhi Goods and Services Tax Act, 2017 (Delhi Act 03 of 2017), the Lt. Governor of National Capital Territory of Delhi, on the recommendations of the Council, hereby notifies the State Tax rate of 2.5 per cent on intra-State supplies of go

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ecretary to the Government of India or the Deputy Secretary to the State Government concerned to the effect that such food preparations have been distributed free to the economically weaker sections of the society under a programme duly approved by the Central Government or the State Government concerned, within a period of five months from the date of supply of such goods or within such further period as the jurisdictional commissioner of the Central tax or jurisdictional commissioner of the State tax, as the case maybe, may allow in this regard.
Explanation. –
(1) In this notification, “tariff item”, “sub-heading” “heading” and “Chapter” shall mean respectively a tariff item, heading, sub-heading and Chapter as specified in the First Sc

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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]
Trade Notice No. 10/2017-18 Dated:- 27-11-2017 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/JBP/Tech/2017-18
Trade Notice No. 10/2017-18
Dated 27.11.2017
Sub: reg.
Kind attention of all the members of Trade/ Industry/Trade

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INDIRECT EXPORT

INDIRECT EXPORT
Query (Issue) Started By: – SUDHIR SARAF Dated:- 26-11-2017 Last Reply Date:- 29-11-2017 Goods and Services Tax – GST
Got 1 Reply
GST
DEAR SIR
I WOULD LIKE TO EXPORT SPARES THROUGH EXPORTER.
CAN I CLAIM EXPORT EXPETION FOR GST OR EXPORTERR CAN CLAIM EXPECTION
WITH KIND REGARDS
SARAF SUDHIR N
FOR MUKUND AUTOMOBILS
PARTNER
Reply By Surender Gupta:
The Reply:
Any Supply of Goods which is to be Exported by the Merchant Exporter is required to be made on payment o

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Payment of SGST made to Cess

Payment of SGST made to Cess
Query (Issue) Started By: – ANAND SHRIGUNJI Dated:- 25-11-2017 Last Reply Date:- 28-11-2017 Goods and Services Tax – GST
Got 6 Replies
GST
Respected Sir,
On 25/09/17 you posted that refund is possible for the by mistake payment of Cess on SGST,
But till when it will be refunded. Please tell me.
Reply By Ganeshan Kalyani:
The Reply:
In my view the refund will be allowed only after filing of GSTR 3 i.e. final return. GSTR 3B is summarised return.
Reply By ANITA BHADRA:
The Reply:
Dear Sir
You can claim manually by filing RFD-01 A .
Government by Notification No. 55/2017 dated 15 Nov 2017 – Central Tax Government vide notification permits to claim refund manually in case you have excess balance

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HOTEL WITH RESTAURANT BELOW TERIFF RS, 7500 PER DAY

HOTEL WITH RESTAURANT BELOW TERIFF RS, 7500 PER DAY
Query (Issue) Started By: – UDAYKANT PATHAK Dated:- 25-11-2017 Last Reply Date:- 26-11-2017 Goods and Services Tax – GST
Got 2 Replies
GST
SIR,
After 15th November as Per Notification No. 46/2017-Central Tax in a hotel business is.
will get ITC on building maintenance,Telephone Exp,Bank charges, legal fees and other exp related for accommodation service, except of Restaurant Exp ?
Please Guide me.
Reply By ANITA BHADRA:
The Reply:
Notification No 46/2017 states – Rate is 5 % without ITC .
No where in the notification , it is mentioned that ITC on building maintenance,Telephone Exp,Bank charges, legal fees and other exp related for accommodation service, except of Restau

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TRANS 1 TABLE 7A

TRANS 1 TABLE 7A
Query (Issue) Started By: – UDAYKANT PATHAK Dated:- 25-11-2017 Last Reply Date:- 26-11-2017 Goods and Services Tax – GST
Got 5 Replies
GST
Sir,
In Trans 1 Table 7 A
HSN, UNIT, QTY, AND VALUE WHAT IS MEANING OF VALUE BEFORE OF DUTY PAID AMOUNT OR INVOICE VALUE T THINK BEFORE DUTY AMOUNT PLEASE CORRECT IF I AM WRONG.
Reply By Ganeshan Kalyani:
The Reply:
In my view, it is value of the stock which is inclusive of tax.
Reply By UDAYKANT PATHAK:
The Reply:
sir but

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ITC ON BUSINESS PROMOTION SCHEMES

ITC ON BUSINESS PROMOTION SCHEMES
Query (Issue) Started By: – PAWANKUMAR GARG Dated:- 25-11-2017 Last Reply Date:- 23-6-2018 Goods and Services Tax – GST
Got 8 Replies
GST
SIR
ONE OF MY CLIENT DEALS IN TRADING OF TEA AND HE GIVES BUSINESS PROMOTION SCHEMES TO THE DEALERS / CUSTOMERS. MY QUESTION IS WHETHER HE IS ELIGIBLE FOR ITC ON SCHEME ITEMS SUCH AS LED, MOBILE SET AND OTHER ELECTRONICS ITEMS.
Reply By Ganeshan Kalyani:
The Reply:
Promotion expense is done to increase the turnover of the business. Thus promotion expense incurred is in course and for furtherance of business. Hence , input tax credit is eligible. However, if any gift item is given to customer then input tax credit is not allowed.
Reply By PAWANKUMAR GARG:

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l Items if any given alongwith (not separate) with the product forms part of consideration received for the supply of product and accordingly ITC is available in those cases.
Hence each case is to be dealt as per the facts.
Reply By KASTURI SETHI:
The Reply:
We call the items free but virtually it is not free. It is an eye wash. The cost of free items are always included in the price of main product.
Reply By CS SANJAY MALHOTRA:
The Reply:
Sh. Kasturi ji,
Completely in agreement with you and hence the cost of promotional items i.e. Buy 1 Get 1 free signifies that the Sales price is for 2 products and not one. Can;t be termed as FOC supplies. Maximum it can be termed as Invoiced Qty, Discount Qty and Billed Qty for valuation.
Reply

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GST Compliance Calendar

GST Compliance Calendar
By: – GST Cornor
Goods and Services Tax – GST
Dated:- 25-11-2017

GSTR-3B (Summary GST Returns)
Assessee
Turnover
Period
Due Date
All Regular & Casual Registered Taxpayer
Not Applicable
October, 2017
20th November, 2017
November, 2017
20th December, 2017
December, 2017
20th January, 2017
January, 2017
20th February, 2017
February, 2017
20th March, 2017
March, 2017
20th April, 2017
GSTR-1 (Detail of Outward Supplies)
Assessee
Turnover
Period
Due Date
All Regular & Casual Registered Taxpayer
Aggregate Turnover upto ₹ 1.50 crore in PFY or CFY
July to September, 2017
31st December, 2017
October to December, 2017
15th February, 2017
January to March, 2017
30th April, 201

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which such option exercise or 60 days from the Comm. of FY
ITC-04
Details of goods/capital goods sent to/from Job worker
July to September, 2017
31st December, 2017
CMP-01
Intimation of Composition Levy (Migration)
Migration Time
CMP-02
Intimation of Composition Levy

Anytime
CMP-03
Detail of stocks (preceding the date from which opt)
Any Time
Within a period of 90days from the date on which option for comp. exercise
CMP-04
Application for withdrawal from the composition scheme
Any Time
Within a period of 7 days on the occurrence of such event
Disclaimer
The information cited in this article is based on various provisions of The CGST Act, Rules or other various sources. While every effort has been made to keep, the in

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Clarification on IGST/GST for Goods Sold or Transferred in Warehouse: Ensuring Compliance and Preventing Ambiguity in Tax Liability.

Clarification on IGST/GST for Goods Sold or Transferred in Warehouse: Ensuring Compliance and Preventing Ambiguity in Tax Liability.
Circulars
Customs
Applicability of IGST / GST on goods tra

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sale of car

sale of car
Query (Issue) Started By: – DK AGGARWAL Dated:- 24-11-2017 Last Reply Date:- 5-9-2018 Goods and Services Tax – GST
Got 30 Replies
GST
Sir
we want to sell the old car purchased before July 2107, registered in the name of Firm to another firm duly registered under GST.
Please inform if GST is applicable on sale of old car and if so whether GST input is available to the new buyer.
Please inform the rate of GST if applicable
Regards
D K Aggarwal
Reply By ANITA BHADRA:
The Reply:
Dear Sir
Yes , GST is applicable ..
As per schedule 1 of CGST Act , permanent disposal of business Assets will be treated as supply .
Rate of GST will be 28%
ITC will not be available to New buyer as sec 17(5)(a) of CGST specifically states- ITC will not be available in respect of Motor Vehicle subject to certain conditions ie further supply of motor car etc etc .
Regards
CA Anita Bhadra
Reply By Ganeshan Kalyani:
The Reply:
GST is applicable @ 28% plus cess.
Reply By KASTUR

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y is stated in Sec 7(1) of CGST Act and Supply includes (a) all forms of supply…………………….in the course of furtherance of business. Reference should be made to definition of Business as placed in Sec 2(17) of CGST Act.
In the present case, the company business is not to sell the Cars and it has been held in catera of judgments that if the business is not done with an intention to sell cars, then the activity can't be classified as Business activity.
In order to be supply, above essentials is must or else GST is not applicable.
In short, depends upon the supplier whether he would like to take chance or not to fight the case if he opts for non payment of GST.
Interesting point to make note. Suppose person A (not in Business of Cars sales / purchase) in GST purchase Motor Vehicle and sells off after 2 years. He is not eligible to take ITC as per Sec 17(5) of CGST Act. If he is forced to pay GST at the time of sale, he stands to loose as double taxation arises.
Suppo

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T is payable on the difference between the purchase (of second hand car) price and the selling price of the second hand car (to the third person).
Regards
S.Ramaswamy
Reply By CS SANJAY MALHOTRA:
The Reply:
Sh. Ramaswamy ji,
It's not clarification but Notification No CGST 10/2017 dated 28.06.17 which is applicable to Dealer of Second Hand goods operating under Margin Scheme.
Reply By KASTURI SETHI:
The Reply:
and Querist or his company is not a dealer of second hand goods.
Reply By Ramaswamy S:
The Reply:
Thank you Mr Sanjay. I stand corrected. Its notification 10/2017 (post the clarification that I received from GST council through sms).
Reply By Ramaswamy S:
The Reply:
I do not see it as a double taxation. The reason is as follows:
1. The sale of used car – disposal of asset and is a supply. Outward GST is applicable.
2. The reduction in the rate of tax at 65% of the CGST rate if the credit is not availed. Since ITC is not available, there is a reduction in the rate

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cation.
Reply By KASTURI SETHI:
The Reply:
Sh.CS Sanjay Malhotra Ji,. Sir, you have gone into depth. Really it is peerless. Your come back in this forum has infused life in it. No. of questions per day has increased appreciably. I am relishing your replies. Thanks.
Reply By balasundaram t:
The Reply:
I agree with CA Sanjai Sir
Reply By Ramaswamy S:
The Reply:
I would like to refer to rule 32(5) of the CGST Rules which is akin to the case here.
32(5) – where a taxable supply is provided by a person dealing in buying and selling of second hand goods i.e., used goods as such or after minor processing which does not change the nature of the goods and where no input tax credit has been availed on the purchase of such goods, the value of supply shall be the difference between the selling price and the purchase price and where the value of such supply is negative, it shall be ignored.
It is highly prone to litigation yet nevertheless worth exploring.
regards
S.Ramaswamy
Reply By C

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Here the question is levy of GST is on sale of old car purchased before 01.07.2017 by the buyer.
1) From the above discussion it is clear that, as the car was purchased before 01.07.2017, there is no question of levy of GST while purchasing of impugned car by the original buyer, accordingly there is no question of availment of Input tax credit & IDEALLY GST SHALL NOT BE LEVIED ON SALE OF OLD CAR.
2) Suppose the car was purchased after 01.07.2017, then also availment of Input tax credit is restricted by sec 17(5) & IDEALLY GST SHALL NOT BE LEVIED ON SALE OF OLD CAR.
The Schedule-II deals with ACTIVITIES TO BE TREATED AS SUPPLY OF GOODS OR SUPPLY OF SERVICES
The Entry 4 of Schedule 2 reads as under.
4. Transfer of business assets
(a) where goods forming part of the assets of a business are transferred or disposed of by or under the directions of the person carrying on the business so as no longer to form part of those assets, whether or not for a consideration, such transfer or di

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S entry 4 of schedule II covers sale of old car & Schedule II is covered by clause (d) of sec 7(1) , THE SALE OF OLD CAR WILL BE LIABLE TO GST.
AS RIGHTLY SAID THE TAX & CESS RATE WILL BE SAME AS THAT OF NEW MOTOR VEHICLES ON 65% VALUE.
ALTHOUGH LOGICALLY IT IS NOT CORRECT TO CHARGE GST ON SALE OF OLD CAR BECAUSE OF DOUBLE TAXATION, STILL AS PER THE PREVALENT LAW AS ON TODAY GST IS LEVIABLE TILL THE SAME IS STRUCK DOWN BY THE COURTS.
Reply By Venkatesh S:
The Reply:
Dear Sanjay,
Reduction of 35% in cess rate is applicable only for leased vehicles. My understanding is it is not applicable on sale of used cars.
Reply By CS SANJAY MALHOTRA:
The Reply:
Mr. Venkatesh,
Request you to go through Point No 2 of Notification No 37/2017-CGST besides GST Council Press Release. Afterwards views most welcome.
Reply By Keyur Mehta:
The Reply:
Dear Mr. Sanjay and Mr. Rajesh,
Your contribution on this post has been highly enlightening and detailed. A very healthy discussion. However, most co

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of D K Aggarwal Ji, for one of the client we have claimed deprecation on a MV as it is used in business and now need to dispose off the MV but not clear as to GST impact on such transaction ?
Both the arguments : 1) permanent disposal of business Assets- treated as supply and 2) Double taxation of transaction are compelling. Kindly guide.
Reply By Vijay Singh:
The Reply:
After noti.no.08/2018 CGST (r) dtd.25.01.2018.
Pl explain the situation..
Reply By Vijay Singh:
The Reply:
Pl explain the below situation..
If the depreciated value is 6L and selling price is 5.5 than if a firm want to sell a used car within the state .. what tax he have to pay.
Please refer the point 1 for purposes of this notification, –
(i) in case of a registered person who has claimed depreciation under section 32 of the Income-Tax Act,1961(43 of 1961) on the said goods, the value that represents the margin of the supplier shall be the difference between the consideration received for supply of such goods

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Requirement of Invoices during movement of goods

Requirement of Invoices during movement of goods
Query (Issue) Started By: – CA.ANCHAL RASTOGI Dated:- 24-11-2017 Last Reply Date:- 26-11-2017 Goods and Services Tax – GST
Got 5 Replies
GST
A dealer of U P purchases material from dealer of Maharashtra with instruction of delivery at Punjab.
My queries as under:
1. During the movement of goods, is it neccesary to keep both invoices (invoice raised by Maharashtra Dealer and U P Deale) or only Invoice raised by U P Dealer?
In my op

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Amendment of TRAN-1 return

Amendment of TRAN-1 return
Query (Issue) Started By: – GOPAL CHOWDHURY Dated:- 24-11-2017 Last Reply Date:- 4-12-2017 Goods and Services Tax – GST
Got 7 Replies
GST
Dear Experts,
I need an advice regarding amendment of TRAN-1 return, as we have filed TRAN-1 in Nov and revised it once then submit it again, now we have to again amend the TRAN-1, but the reopen option is not available.
What can be done in this regard kindly let me know.
Reply By SHIVKUMAR SHARMA:
The Reply:
No, You can not revised again.
Reply By GOPAL CHOWDHURY:
The Reply:
Sir,
I also know I cant amend it again, I need remedy any notification or circular or anything else providing for offline submission before the department if online mode is not working,

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problems related to composition scheme and theater exhibitor food & beverages sales

problems related to composition scheme and theater exhibitor food & beverages sales
Query (Issue) Started By: – npp suresh Dated:- 24-11-2017 Last Reply Date:- 4-12-2017 Goods and Services Tax – GST
Got 5 Replies
GST
Dear sir, .
1) one of the my client was obtained gst certificate under composition scheme, he is selling exempted goods as well as taxable goods also, my doubt is what is the payable turnover in this case, he can pay 1% on taxable turnover or exempted & taxable turnover also. There is any changes in after 23rd council meeting before that ( I have known the aggregate turnover of composition dealer means:
1) Turnover of all taxable supplies
2) Turnover of Exempted Supplies
3) Exports made by all person with sa

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r u r reply,
1) I couldn't see what is the turnover of composite dealer have to pay tax in any act book (Aggregate turnover or Turnover) If aggregate turnover taken as registration under composition purpose i will agree with u madam.
2) I know after 23rd council meeting restaurant tax rate changed to 18% to 5% both Ac and Non Ac without ITC Except 5 star Hotels but my doubt is theater and amusement park etc., are also treated as like restaurant or not.
Reply By Ganeshan Kalyani:
The Reply:
Answer to query 2- in my view 18% tax will be levied.
Reply By Kishan Barai:
The Reply:
Respected Sir,
Theater and amusement park are not treated as a restaurant, moreover, if any restaurant agrees for 5% GST then it would not be eligible for

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GST Queries

GST Queries
Query (Issue) Started By: – RameshBabu Kari Dated:- 24-11-2017 Last Reply Date:- 4-12-2017 Goods and Services Tax – GST
Got 3 Replies
GST
Dear experts,
Q1. Hotel(Located in TN), which is immovable property and its place of supply is the location of such immovable property. In such case, If a company(from AP) booked the hotel room for its employee with its GSTIN. In such case , can hotel bill the such company with IGST ? or as place of supply rendered in TN, shall give CGST and SGST bill ?
Q2. An advocate(from AP) provided legal services in TS, and raised the invoice without gst as he didn't registered under gst. In such case, recipient(registered under gst) of services shall be liable to pay gst on such invoi

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GST UPDATE ON TREATMENT OF JOINT DEVELOPMENT AGREEMENTS – PART II:-

GST UPDATE ON TREATMENT OF JOINT DEVELOPMENT AGREEMENTS – PART II:-
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 24-11-2017

In the previous update we canvassed the taxability of joint development agreements under GST Regime. Through this update we would like to enumerate the provisions concerning the time of supply and the valuation of service in respect to the joint development agreements.
It is pertinent to mention that there is no express provision as regards joint development agreements. Consequently, the time of supply will be ascertained on the basis of most appropriate clause. As per section 12(2) of the CGST Act, 2017, the time of supply of goods shall be the earlier of the following:-
• Date of issue of invoice by the supplier or the last date on which he is required to issue of invoice for supply, or
• Date on which the supplier receives payment with respect to the supply.
As no invoice is issued by the developer to the land owner, and

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supply. If the open market value is not available, it will be determined as total consideration received in money or its equivalent. If value cannot be determined by this formulae, it will be the value of supply of like goods/services.
As per the above provisions, the value of flats given to land owner shall be open market value being the value of flats on the date of transfer of joint development rights. Say for example, on the date of transfer of joint development rights, developer sold 10 flats at the rate of ₹ 30,00,000/- then the value of flats to be given to the land owner will be valued at ₹ 30,00,000/-.
However, if the open market value is not available, the value of flats shall be the value of flats of like kind and quality at about the same time. Say for example, the value of flat in the region of the same specification is 32,00,000/- then the value of flats given to land owner will be valued at ₹ 32,00,000/-.
If we compare the provisions of valuation of

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opment rights to the developer by the land owner. This will be great hardship to the developer as entire GST would be payable in the beginning as against payment of tax on periodical basis.
Further, the builder is liable to pay GST on the owner's share of the flats/houses/portion of the building constructed by the builder/developer and given to the land owner as per the development agreement. The issue to be dealt here is what shall be the taxable value. As per decisions taken in 14th Meeting of the GST Council held on May 18-19, 2017 in Srinagar, J&K; 18 sectoral groups have been constituted representing various sectors of the economy in order to ensure smooth roll-out of GST. One such sectoral group is "MEDIA & ENTERTAINMENT SECTORAL GROUP" which has issued some FAQs on GST in respect of Construction of Residential Complex by Builders/Developers. In these FAQs, following clarification has been given in respect of land owner's share of the flats/houses through FAQs:

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known at the time of supply;
(c) if the value of supply is not determinable under clause (a) or clause (b), be the value of supply of goods or services or both of like kind and quality;
In view of the above provisions, the value of supply of those flats would be equal to the value of similar flats charged by the builder/developer from the buyers of his share of flats. In case the prices of flats/houses undergo a change over the period of sale (from the first sale of flat/house in the residential complex to the last sale of the flat/house), the value of similar flats as are sold nearer to the date on which land is being made available for construction should be used for arriving at the value for the purpose of tax."
Therefore, the above clarification given by the media and entertainment sectoral group are of great help in determining the taxability of flats sold to land owner. Though these FAQs don't have any legal binding, yet since there is no clarification on these point

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DOCUMENTS, ACCOUNTS & RECORDS IN GST (PART-I)

DOCUMENTS, ACCOUNTS & RECORDS IN GST (PART-I)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 24-11-2017

Assessment in GST is mainly focused on self assessment by the taxpayers themselves. Every taxpayer is required to self-assess the taxes payable and furnish a return for each tax period i.e. the period for which return is required to be filed. The compliance verification is done by the department through scrutiny of returns, audit and/or investigation. Thus, the compliance verification is to be done through documentary checks rather than physical controls. This requires certain obligations to be cast on the taxpayer for keeping and maintaining accounts and records.
Statutory Provisions
The following provisions of the GST Act, 2017 are relevant for the 'Accounts and Records' under GST regime:
Section
Relating to
2(41)
Meaning of document
35
Accounts and other records
36
Period of retention of accounts
Rule
Relating to
56
Maintenance of acc

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the preparation of record or statement of transactions or the like, a statement and explanation of one's administration or conduct in money affairs, a statement or record of financial transactions or reckoning of money transaction, a written or printed statement of business dealing or debits and credits or certain class of them. For example, balance sheet, income statement (profit and loss account), cash flow statement etc.
'Books or books of accounts' means books in which business transactions are recorded, often consisting of journals, ledgers and various other records of accounts. They are normally held to be legal documents and should indicate the financial position of the business at any time. Every company including branch office or offices prepare and keep at its registered office, books of account and other relevant books and papers and financial statement for every financial year which give a true and fair view of the state of the affairs of the company and such books shall b

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he following calendar year. In India, business entities follow financial year as accounting year. The same is also mandated under the Companies Act, 2013 and Income Tax Act, 1961.
Accounts to be maintained
As per section 35(1) of the GST Act, 2017, every registered person shall keep and maintain, at his principal place of business, as mentioned in the certificate of registration, a true and correct account of production or manufacture of goods, of inward or outward supply of goods and/or services, of stock of goods, of input tax credit availed, of output tax payable and paid, and such other particulars as may be prescribed in this behalf.
Accordingly, a true and correct account of the following activities/transactions shall be maintained by a taxable person:
● Production or manufacture of goods,
● Inward or outward supply of goods and/or services,
● Stock of goods,
● Input tax credit availed,
● Output tax payable and paid, and
● Such other

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paid and adjustments made thereto
(c) an account containing the details of tax payable, tax collected and paid, input tax, input tax credit claimed together with a register of tax invoice, credit note, debit note, delivery challan issued or received during any tax period
(d) names and complete addresses of suppliers from whom goods or services chargeable to tax under the Act, have been received
(e) names and complete addresses of the persons to whom supplies have been made
(f) the complete addresses of the premises where the goods are stored including goods stored during transit along with the particulars of the stock stored therein
(g) monthly production accounts showing the quantitative details of raw materials or services used in the manufacture and quantitative details of the goods so manufactured including the waste and by products thereof
(h) accounts showing the quantitative details of goods used in the provision of services, details of input services utilised and t

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Marketing service

Marketing service
Query (Issue) Started By: – Vishnu Chidurala Dated:- 24-11-2017 Last Reply Date:- 24-11-2017 Goods and Services Tax – GST
Got 3 Replies
GST
Sir Iam providing promotional services for different companies is am liable to get registered under gst
Reply By CS SANJAY MALHOTRA:
The Reply:
GST Registration is applicable if your aggregate turnover exceeds > ₹ 20 Lacs (except in hilly/ specified Areas where Turnover prescribed > ₹ 10 Lacs) in last F.Y. or when

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Applicability of IGST / GST on goods transferred / sold while being deposited in a warehouse. -reg.

Applicability of IGST / GST on goods transferred / sold while being deposited in a warehouse. -reg.
46/2017 Dated:- 24-11-2017 Circular
Customs
Circular No. 46/2017-Customs
F.No: 473/10/2017-LC
Govt. of India
Ministry of Finance
Dept. of Revenue
Central Board of Excise & Customs
North Block, New Delhi
Dated 24th November 2017
To,
All Principal Chief Commissioners / Chief Commissioners / Principal Commissioners / Commissioners of Customs
Subject: Applicability of IGST / GST on goods transferred / sold while being deposited in a warehouse. -reg.
References have been received from the trade regarding levy of IGST/GST on sales of goods deposited in a customs bonded warehouse.
2. Ch IX of the Customs Act provides for deposit of goods into a customs bonded warehouse licensed under section 57 or 58 or 58A without payment of duty and the procedures to be followed with respect to the warehoused goods. Sub-section (5) of section 59 provides that the importer is at liberty to

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h goods on which tariff valuation applies. Therefore, duties of customs (BCD + IGST) shall be paid on the imported goods at the stage of ex-bonding on the value determined under section 14 of the Customs Act.
4. However, the transaction of sale / transfer etc. of the warehoused goods between the importer and any other person may be at a price higher than the assessable value of such goods. Such a transaction squarely falls within the definition of “supply” as per section 7 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as, “CGST Act”) and shall be taxable in terms of section 9 of the CGST Act read with section 20 of the Integrated Goods and Services Tax Act, 2017 (hereinafter referred to as, “IGST Act”). It may be noted that as per sub-section (2) of section 7 of the IGST Act, any supply of imported goods which takes place before they cross the customs frontiers of India, shall be treated as an inter-State supply. Thus, such a transaction of sale/transfer wil

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thereunder and the tax liability shall be reckoned as per section 9 of the CGST Act, 2017.
5.2 However, it may be noted that so long as such goods remain deposited in the warehouse the customs duty to be collected shall remain deferred. Further, it is only when such goods are ex-bonded under section 68, shall the deferred duty be collected, at the value as had been determined under section 14 of the Customs Act, 1962 in addition to IGST leviable, as indicated at Para 5.1 above. An illustrative chart on in bond sales and clearance thereof is attached as Annexure.
6. Difficulties in implementation, if any, may be brought to the notice of the Board
7. Hindi version follows.
(Temsunaro Jamir)
Officer On Special Duty (ICD)
 
=============
Document 1
Sale of goods in a Bonded Warehouse and clearance thereof:
ANNEXURE
ILLUSTRATION
Box-A
Goods imported by “A”
on 2nd July 2017.
Importer wants to
deposit the goods in a
bonded warehouse to
defer duty.
Box-B
Importer files

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The Andhra Pradesh Goods and Services Tax Act, 2017 (Act No.16 of 2017) – Eleventh amendment to APGST Rules

The Andhra Pradesh Goods and Services Tax Act, 2017 (Act No.16 of 2017) – Eleventh amendment to APGST Rules
G.O.MS.No. 559 Dated:- 24-11-2017 Andhra Pradesh SGST
GST – States
Andhra Pradesh SGST
Andhra Pradesh SGST
GOVERNMENT OF ANDHRA PRADESH
REVENUE (COMMERCIAL TAXES-II) DEPARTMENT
G.O.MS.No. 559 Dated: 24-11-2017
NOTIFICATION
In exercise of the powers conferred by section 164 of the Andhra Pradesh Goods and Services Tax Act, 2017 (16 of 2017), the Government, on the recommendations of the Goods and Services Tax Council hereby makes the following rules further to amend the Andhra Pradesh Goods and Services Tax Rules, 2017, issued vide G.O.Ms.No.227, Revenue (CT-II) Dept., Dt.22-06-2017 as subsequently amended.
AMENDM

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sioner of Central tax shall be deemed to be notified by the Chief Commissioner of State Tax” shall be added.
[(iii) in rule 96, to sub-rule (2), the following provisos shall be added namely:-
“Provided that where the date for furnishing the details of outward supplies in FORM GSTR-1 for a tax period has been extended in exercise of the powers conferred under section 37 of the Act, the supplier shall furnish the information relating to exports as specified in Table 6A of FORM GSTR-1 after the return in FORM GSTR-3B has been furnished and the same shall be transmitted electronically by the common portal to the system designated by the Customs:
Provided further that the information in Table 6A furnished under the first proviso shall be auto

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