Author: admin_gst

Rajasthan Goods and Services (Fourteenth Amendment) Rules 2017.
F.12(46)FD/Tax/2017-Pt.-III-155 Dated:- 29-12-2017 Rajasthan SGST
GST – States
Rajasthan SGST
Rajasthan SGST
=============
Document 1GOVERNMENT OF RAJASTHAN
FINANCE DEPARTMENT
(TAX DIVISION)
NOTIFICATION
JAIPUR, dated: December 29, 2017
In exercise of the powers conferred by section 164 of the Rajasthan Goods and
Services Tax Act, 2017 (Act No. 9 of 2017), the State Government hereby makes the
following rules further to amend the Rajasthan Goods and Services Tax Rules, 2017,
namely:-
1. Short title and commencement.- (1) These rules may be called the Rajasthan
Goods and Services Tax (Fourteenth Amendment) Rules, 2017.
(2) Unless otherwise specified in these amendment, they shall come into force with
immediate effect.
2. Amendment of rule 17.- In rule 17 the Rajasthan Goods and Services Tax Rules,
2017, hereinafter referred to as the said rules, after the existing sub-rule (1), the following
new sub-rule (1A)

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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 under sub-rules (4A) or (4B) or both;
(D) “Turnover of zer

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ans 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 number F.12(46)FD/Tax/2017-Pt-II-122 dated 18th October, 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 number F.12(46) FD/Tax/2017-Pt-II-124 dated 23rd October, 2017 or
notification number 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. Amendment of rule 95.- In rule 95 of the said rules, –
(a) for the existing sub-rule (1), the following sub-

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of integrated tax paid on export of goods or services
should not have received supplies on which the supplier has availed the benefit of
2
notification number F.12(46)FD/Tax/2017-Pt-II-122 dated 18th October, 2017 or
notification number F.12(46)FD/Tax/2017-Pt-II-124 dated 23rd October, 2017 or
notification number 41/2017-Integrated Tax (Rate) dated 23rd October, 2017.”.
7. Substitution of FORM GST REG-10.- For the existing FORM GST REG-10,
appended to the said rules shall be substituted by the following, 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)
(ii)
Legal name of the person
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 Signat

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anch
Address
IFSC
A customized list of documents required to be uploaded (refer Instruction) as per the field
values in the form
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.
2.
3
4.
5.
Proof of Place of Business of representative in India, if any:
(a) For own premises –
Any document in support of the ownership of the premises like Latest Property
T

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nk 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.
Scanned copy of documents regarding appointment as representative in India, if
applicable
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 > for
which application for registration is being filed/ is registered under the Central
Goods and Service Tax Act, 2017.
All his actions in relation to this business will be binding o

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entralized UIN is sought” shall be substituted; and
(ii) in Instructions, for the existing expression, “Every person required to obtain a
unique identity number shall submit the application electronically”, the
expression “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 the existing FORM GSTR-11, appended to the
said rules shall be substituted by the following, namely:-
“Form GSTR-11
[See rule 82]
Statement of inward supplies by persons having Unique Identification Number (UIN)
1.
UIN
2.
Name of the person having Auto
UIN
populated
Amount of tax
value
GSTIN Invoice/Debit Rate Taxable
of Note/Credit
supplier Note details
60
Year
Tax
Period
Bout
Place of
Supply
No Date Value
123 456
3A. Invoices received
3B. Debit/Credit Note received
3. Details of inward supplies received
Integrated Central
State/
CESS
tax
Tax
UT Tax
7
8
9
10
11
(Amount in Rs. for a

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N and date of GSTR11
6. Amount of Refund Claim
State
Total
Central
Tax
State/UT Tax
: From
Το
: ARN
Integrated Tax Cess
7
Shank
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 > 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 Embassy of foreign countries/
any other person/ class of persons specified/ notified by the Government.
Date:
Signatory:
Place:
Instructions
1. Application for refund shall be filed on quarterly basis.
Signature of Authorised
Name:
Designation/Status
2. Table No. 6 will be auto-populated from details furnished in table 3 of

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Notification regarding partial waiver of late fee payable for failure to furnish the return in FORM GSTR – 4.
F.12(46)FD/Tax/2017-Pt.-III-153 Dated:- 29-12-2017 Rajasthan SGST
GST – States
Rajasthan SGST
Rajasthan SGST
GOVERNMENT OF RAJASTHAN
FINANCE DEPARTMENT
(TAX DIVISION)
NOTIFICATION
JAIPUR, dated: December 29, 2017
In exercise of the powers conferred by section 128 of the Rajasthan Goods and Services Tax Act, 2017 (Act No. 9 of 2017), the State Government, on the recomm

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Notification regarding extension of due dates for quarterly furnishing of FORM GSTR – 1 for taxpayers with aggregate turnover of Rs. upto 1.5 crore.
F.12(46)FD/Tax/2017-Pt.-III-152 Dated:- 29-12-2017 Rajasthan SGST
GST – States
Rajasthan SGST
Rajasthan SGST
GOVERNMENT OF RAJASTHAN
FINANCE DEPARTMENT
(TAX DIVISION)
NOTIFICATION
JAIPUR, dated: December 29, 2017
In exercise of the powers conferred by section 148 of the Rajasthan Goods and Services Tax Act, 2017 (Act No. 9 of 2017), and in supersession of this department's notification number F.12(46)FD/Tax/2017-Pt.-II-140, dated the 15th November, 2017, except as respects things done or omitted to be done before such supersession, the State Government, on the recommenda

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Chhattisgarh Goods and Services Tax (Thirteenth Amendment) Rules, 2017
75/2017 Dated:- 29-12-2017 Chhattisgarh SGST
GST – States
Chhattisgarh SGST
Chhattisgarh SGST
Government of Chhattisgarh
Commercial Tax Department
Mantralaya, Mahanadi Bhawan, Naya Raipur
Notification No. 75/2017 – State Tax
New Raipur, 29 December, 2017
No. F-10-98 /2017/CT/V (189).- In exercise of the powers conferred by section 164 of the Chhattisgarh Goods and Services Tax Act, 2017 (7 of 2017), the State Government hereby makes the following rules further to amend the Chhattisgarh Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the Chhattisgarh Goods and Services Tax (Thirteenth Amendment) Rules, 2017.
(2) Unless otherwise specified, they shall come into force on the date of issue of this notification.
2. In the Chhattisgarh Goods and Services Tax Rules, 2017, –
(i) in rule 17, after sub-rule (l), the following sub-rule shall be inserted, namely:-
"(IA)

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ction 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 under sub-rules (4A) or (4B) or both;
(D) "Turnover of zero-rated supply of services" means the value of zero-rated supply of servic

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.
(4A) In the case of supplies received on which the supplier has availed the benefit of notification No. 48/2017-State Tax dated 1 8th October, 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 No. 40/2017-State Tax (Rate) dated 1 5th November, 2017 or notification No. 41/2017-lntegrated 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'.";
(iv) in rule 95 –
(a) for sub-rule (l), the following sub-rule shall be substituted, namely:-
“(1) Any person eligible to claim refund of tax paid by him on his inward sup

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dated 18ff October, 2017 or notification No. 40/2017-State Tax (Rate) dated 15th November, 2017 or notification No. 41/2017-lntegrated Tax (Rate) dated 23rd October, 2017.";
(vi) 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) Permanent Account Number of the representative in India
(b) Email Address of the representative in India
(c) Mobile Number of the representative in India (+91)
Note- Relevant

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mnly 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.
Place:
Date:
Signature
Name of Authorised Signatory:
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:
(a) For own premises –
Any document in support of the ownership of the premises like Latest Property Tax Receipt or Municipal Khata copy or copy of Electricity Bill.
(b

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opy 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 application for registration is being filed/ is registered under the Gujarat Goods and Service Tax Act, 2017.
All his actions in relation to this business will be bind

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is sought”;
b. in the Instructions, the words, “Every person required to obtain a unique identity number shall submit the application electronically” shall be substituted with the words, “Every person required to obtain a unique identity number shall submit the application electronically or otherwise.”;
(viii) for FORM GSTR-11, the following form 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 having UIN person
Auto populated
3. Details of inward supplies received
(Amount in Rs. for all Tables)
GSTIN of supplier
Invoice/Debit Note/Credit Note details
Rate
Taxable value
Amount of tax
Place of Supply
No
Date
Value
Integrated tax
Central Tax
State/UT Tax
CESS
1
2
3
4
5
6
7
8
9
10
11
3A. Invoices received
3B. Debit/Credit Note received
Verification
I hereby solemnly affirm and declare that the information given herein

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e /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 Embassy of foreign countries/ any other person/ class of persons specified/ notified by the Government.
Date:
Signature of Authorised Signatory:
Place:
Name:
Designation / Status
Instructions
1. Application for refund shall be filed on quarterly basis.
2. Table No. 6 will be auto-populated from details furnished in table 3 of GSTR-11.
3.

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Waives late fee for failure to furnish Return in FORM GSTR-4
F-10-98/2017/CT/V (187) – 73/2017 – State Tax Dated:- 29-12-2017 Chhattisgarh SGST
GST – States
Chhattisgarh SGST
Chhattisgarh SGST
Government of Chhattisgarh
Commercial Tax Department
Mantralaya, Mahanadi Bhawan, Naya Raipur
Notification No. 73/2017 – State Tax
New Raipur, 29 December, 2017
No. F-10-98/2017/CT/V (187) – In exercise of the powers conferred by section 128 of the Chhattisgarh Goods and Services Tax Ac

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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
F-10-98/2017/CT/V (186) – 71/2017 Dated:- 29-12-2017 Chhattisgarh SGST
GST – States
Chhattisgarh SGST
Chhattisgarh SGST
Government of Chhattisgarh
Commercial Tax Department
Mantralaya, Mahanadi Bhawan, Naya Raipur
Notification No. 71/2017 – State Tax
New Raipur, 29 December, 2017
No. F-10-98/2017/CT/V (186) – In exercise of the powers conferred by section 148 of the Chhattisgarh Goods and Services Tax Act, 2017 (7 of 2017), and in supersession of notification No. 57/2017-State Tax dated the 15th November, 2017, published in the Gazette (Extraordinary) of Chhattisgarh, No. 489, dated the 15th November, 201

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The West Bengal Goods and Services Tax (Fourteenth Amendment) Rules, 2017.
2313-F.T.-75/2017-State Tax Dated:- 29-12-2017 West Bengal SGST
GST – States
West Bengal SGST
West Bengal SGST
GOVERNMENT OF WEST BENGAL
FINANCE DEPARTMENT
REVENUE
NOTIFICATION
No. 2313-F.T.
Howrah, the 29th day of December, 2017.
No. 75/2017-State Tax
In exercise of the powers conferred by section 164 of the West Bengal Goods and Services Tax Act, 2017 (West Ben. Act XXVIII of 2017) (hereafter in this notification referred to as the said Act), the Governor is pleased hereby to make the following rules further to amend the West Bengal Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the West Bengal Goods and Services Tax (Fourteenth Amendment) Rules, 2017.
(2) Unless otherwise specified, they shall come into force with immediate effect.
2. In the West Bengal Goods and Services Tax Rules, 2017, –
(i) in rule 17, after sub-rule (1), the following sub-rule shall b

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rovisions 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) × 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 under sub-rules (4A) or (4B) or both;
(D) "Turnover of zero-rated supply of services&quot

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e 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 No. 1853-F.T. dated the 18th October, 2017 [No.48/2017-State Tax], refund of input tax credit availed in respect of other inputs or input services used in making zero-rated supply of goods or services or both shall be granted.
(4B) In the case of supplies received on which the supplier has availed the benefit of notification No. 1874-F.T. dated the 23rd October, 2017 [No. 40/2017-State Tax (Rate)] or notification No. 41/2017-Integrated Tax (Rate) dated the 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.";
(iv) in rule 95 –
(a) for sub-rule (1), the following sub-rule shall be substituted, namely:-

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es on which the supplier has availed the benefit of notification No. 1853-F.T. dated the 18th October, 2017 [No.48/2017-State Tax] or notification No. 1874-F.T. dated the 23rd October, 2017 [No. 40/2017-State Tax (Rate)] or notification No. 41/2017-Integrated Tax (Rate) dated 23rd October, 2017.";
(vi) 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) Permanent Account Number of the representative in India
(

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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:
(a) For own premises –
Any document in support of the ownership of the premises like Latest Property Ta

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

f 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 application for registration is being filed/ is registered under the Central Goods and Ser

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stituted with the words, "Address of the entity in respect of which the centralized UIN is sought";
b. in the Instructions, the words, "Every person required to obtain a unique identity number shall submit the application electronically" shall be substituted with the words, "Every person required to obtain a unique identity number shall submit the application electronically or otherwise.";
(viii) for FORM GSTR-11, the following form 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 details
Rate
Taxable value
Amount of tax
Place of Supply
No
Date
Value
Integrated Tax
Central Tax
State/UT Tax
CESS
1
2
3
4
5
6
7
8
9
10
11
3A. Invoices received

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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 Embassy of foreign countries/ any other person/ class of persons specified/ notified by the Government.
Date:
Place:
Signature of Authorised Signatory:
Name:
Designation / Status
Instruct

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Waiver of certain amount of late fee payable by any registered person for failure to furnish Form GSTR-4 by the due date.
2311-F.T.-73/2017-State Tax Dated:- 29-12-2017 West Bengal SGST
GST – States
West Bengal SGST
West Bengal SGST
GOVERNMENT OF WEST BENGAL
FINANCE DEPARTMENT
REVENUE
NOTIFICATION
No. 2311-F.T.
Howrah, the 29th day of December, 2017.
No. 73/2017-State Tax
In exercise of the powers conferred by section 128 of the West Bengal Goods and Services Tax Act, 2017

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Extension of time for furnishing GSTR-1 for QE September, 2017, December, 2017 and March, 2017 for registered persons having turnover upto 1.5 crore.
2310-F.T.-71/2017-State Tax Dated:- 29-12-2017 West Bengal SGST
GST – States
West Bengal SGST
West Bengal SGST
GOVERNMENT OF WEST BENGAL
FINANCE DEPARTMENT
REVENUE
NOTIFICATION
No. 2310-F.T.
Howrah, the 29th day of December, 2017.
No. 71/2017-State Tax
In exercise of the powers conferred by section 148 of the West Bengal Goods and Services Tax Act, 2017 (West Ben. Act XXVIII of 2017), and in supersession of notification No. 2032-F.T. [57/2017-State Tax], dated the 15th November, 2017, except as respects things done or omitted to be done before such supersession, the Gove

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Extension of due dates for furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover of more than 1.5 crores in supersession of notification No. 19 C.T./GST, dated the 15th November, 2017.
26–C.T./GST-72/2017-State Tax Dated:- 29-12-2017 West Bengal SGST
GST – States
West Bengal SGST
West Bengal SGST
GOVERNMENT OF WEST BENGAL
DIRECTORATE OF COMMERCIAL TAXES
14, BELIAGHATA ROAD, KOLKATA-700015
NOTIFICATION BY THE COMMISSIONER OF STATE TAX
Notification No. 26-C.T./GST Dated: 29/12/2017
Notification No. 72/2017 – State Tax
In exercise of the powers conferred by the second proviso to sub-section (1) of section 37 read with section 168 of the West Bengal Goods and Services Tax Act, 2017 (West Ben. Act XXVIII of

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State Government Amend the Jammu and Kashmir Goods and Services Tax Rules, 2017
SRO. 538 Dated:- 29-12-2017 Jammu and Kashmir SGST
GST – States
Jammu and Kashmir SGST
Jammu & Kashmir SGST
Government of Jammu and Kashmir
Finance Department
Notification
Jammu, the 29th December , 2017
SRO 538 – In exercise of the powers conferred by section 164 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017), the Jammu and Kashmir Government, hereby makes the following amendment in the Jammu and Kashmir Goods and Services Tax Rules, 2017, namely:-
After Rule 109 the following Rule shall be inserted; namely:-
"109-A. Qualification, appointment and conditions of service of the members of Appellate Tribunal

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Filing of Returns under GST- regarding
26/2017-GST Dated:- 29-12-2017 Gujarat SGST
GST – States
By the Commissioner of State Tax,
Gujarat State, Ahmedabad
Dated the 29th December, 2017
Circular No. 26/2017-GST
No. GSL/S.168/B -6
Subject: Filing of Returns under GST- regarding
The GST Council, in its 23rd meeting held at Guwahati on 10th November 2017, has taken certain decisions in regard to filing of returns by taxpayers. Subsequently, various representations have been received seeking clarifications on various aspects of return filing such as return filing dates, applicability and quantum of late fee, amendment of errors in submitting / 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 Gujarat Goods and Services Tax Act

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T and 58/2017-Cenral Tax both 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. For those, who have not filed their FORM GSTR-1 for the month of July, they shall also file their FORM GSTR-1 for the month of July separately and then file their FORM GSTR-1 on quarterly basis for the month of August and September, 2017.
1.3 It has been further decided that the time period of filing of FORM GSTR-2 and FORM GSTR -3 for the mont

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STR-1 on monthly basis if he so wishes even though his aggregate turnover is up to ₹ 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 GGST Act, 2017.
2. Applicability and quantum of late fee:
2.1 The late fee for the months of July, August and September for late filing of FORM GSTR – 3B has already been waived off vide Notification No. 28/2017-ST dated 5th September 2017 and 50/2017-ST dated 24th October 2017.
2.2 It has been decided that for subsequent months, i.e. October 2017 onwards, the amount of late fee payable, by a taxpayer whose tax liability for that month was 'NIL', will be ₹ 20/- per day (Rs. 10/- per day each under CGST & SGST Act

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cally 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 officers, the system based reconciliation prescribed under Circular No. 7/7/2017-GST dated 1st September 2017 can only be operationalized after the relevant notification is issued. The said circular is therefore kept in abeyance till such time.
3.3 The common errors while submitting FORM GSTR-3B and the steps needed to be taken to rectify the same are provided in the table annexed herewith. The registered person needs to decide at which stage of filing of FORM GSTR-3B he is currently at and also the error committed by him. The corresponding column in the table

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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 clarified that the information furnished by the registered person in the return in FORM GSTR-3B would be reconciled by the department's system with the information furnished in FORM GSTR-1 and discrepancies, if any, shall be dealt with in accordance with the relevant provisions of the GGST Act, 2017 and rules made thereunder. Detailed instructions regarding reconciliation of information furnished in FORM GSTR-3B with that contained in FORM GSTR-2 and FORM GSTR-3 will be issued in due course of time.
(P.D. Vaghela)
Commissioner of State Tax,
Gujarat State, Ahmedabad
Stage of Return Filing (GSTR – 3B)
Common Error- I
Stage 1
Stage 2
Stage 3
Stage

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

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lity to reduce over reported liability and cash ledger may be partially debited to offset such liability. Remaining balance may either be claimed as refund or used to offset future liabilities.
Liability may be adjusted in return of subsequent month(s) or refund may be claimed where adjustment is not feasible.
Liability was over reported
Company B had reported an inter-State sale but realized that the same sale was counted twice and hence was not to be reported. But the return form was already submitted and no change could be done to the liabilities. What can company B do?
In this case, Company B has the option to use the "edit" facility to reduce such liability and proceed to file their return.
Company B had reported an inter-State sale but realized that the same sale was counted twice and hence was not to be reported or taxed. But the return form was already submitted and no change could be done to reduce the liabilities. Further, the company had already deposited cash

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e 3
Stage 4
Confirmed Submission
Cash Ledger Updated
Offset Liability
Return Filed
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.
Cash was added to the electronic cash ledger as per the return liability. No action was taken after this step.
All liabilities were offset by debiting the cash and credit ledger. No action was taken after this step.
Return was filed.
Liability was wrongly reported
Use “Edit” facility to rectify wrongly reported liability.
Use “Edit” facility to rectify wrongly reported liability and cash ledger may be debited to offset new liability, where sufficient balances are not available in the credit ledger.
Remaining balance, if any may be either claimed as refund or used to offset future liabilities.
Unreported liability may be added in the next month's return with interest, if applicable.
Also, adjustment may be made in return of

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e company will reduce their Central Tax / State tax liability and add integrated tax liability. Further, they will have to pay integrated tax and update their cash ledger. They may seek for Central Tax / State tax cash refund in due course or use the same for offsetting future liabilities.
Company C was registered in the State of Haryana. While entering their outward supplies in FORM GSTR-3B, the company realized that they had inadvertently, shown inter-State supply as intra-State supply and submitted the return. The company paid their wrong liability and filed their return in order to avoid late fee and penalty? What can they do?
Since, the return has already been filed, then the company will have to report the interState 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.
Change in FORM GSTR-1
Such taxpayers will have to file for amendments by filling Table 9 of the subsequent

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STR – 3B for the month of July, inadvertently, misreported Input tax credit of ₹ 1,00,00,000/- as ₹ 10,00,000/-. They had confirmed and submitted their return. What can they do?
The company may use the "edit” facility to add more Input tax credit to their submitted FORM GSTR-3B. Once, this is done, such credit will be reflected in their Electronic Credit ledger and may be utilized to offset liabilities for this month or for subsequent months.
No Action required in cash ledger
Company D, while filing their FORM GSTR – 3B for the month of July, inadvertently, misreported Input tax credit of ₹ 1,00,00,000/- as ₹ 10,00,000/. They had filed their return and paid ₹ 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).
Change in FORM GSTR-1
No Action
Common Error – V
Stage of Return Filing (GSTR – 3B)
Stage 1
Stage 2
Stage 3
Stage 4
Co

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do?
Since, the company has submitted details of their input tax credit but not used such credit for offsetting their liabilities, they can reduce their input tax credit by using the "edit" facility.
While filing their FORM GSTR 3B for the months of July, 2017, Company E inadvertently, reported their eligible input tax credit, as ₹ 20,00,000/- instead of ₹ 10,00,000/-. What can they do?
Since, the company has submitted details of their input tax credit but not used such credit for offsetting their liabilities, they can reduce their input tax credit by using the "edit" facility. Since, they have deposited ₹ 10,00,000/- only in their input tax credit ledger they may deposit additional ₹ 10,00,000/- in the cash ledger by creating challan in FORM GST PMT-06.
While filing their FORM GSTR 3B for the months of July, 2017, Company E inadvertently, reported their eligible input tax credit, as ₹ 20,00,000/- instead of ₹ 10,00,000/-. C

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* New Input tax credit will be added to the credit ledger.
* Input tax credit reduced will be adjusted in the credit ledger without any additional liability
Additional cash, if required, may be deposited in the cash ledger by creating challan in FORM GST PMT-06
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 ₹ 20,00,000/- as Integrated tax. What can they do?
Use edit facility to claim correct central tax credit under the right head.
While filing their FORM GSTR 3B for the months of July, 2017, Company E inadvertently, reported their Central Tax credit of ₹ 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 offs

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abilities / Input tax credit availed were reported correctly and thereafter confirmed and submitted. Therefore no change is required to be done to the liability. No action was taken after this step.
Cash was added to the electronic cash ledger as per the return liability. No action was taken after this step
All liabilities were offset by debiting the cash and credit ledger. No action was taken after this step
Return was filed.
Cash ledger wrongly updated
No Action
Add cash under the right tax head and seek cash refund of the cash added under the wrong tax head.
No Action
No Action
While filing their FORM GSTR-3B return, Company F while generating payment challan added ₹ 5,00,000/- under the Central Tax head, while they wanted to deposit ₹ 5,00,000/- under the integrated tax head. What can they do?
Since, they have already filed their challan, they will have to add ₹ 5,00,000/- in their integrated tax head and file their returns. Further, they may seek refu

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The Arunachal Pradesh Goods and Services Tax (Eleventh Amendment) Rules, 2017.
67/2017-State Tax Dated:- 29-12-2017 Arunachal Pradesh SGST
GST – States
Arunachal Pradesh SGST
Arunachal Pradesh SGST
GOVERNMENT OF ARUNACHAL PRADESH
DEPARTMENT OF TAX & EXCISE
ITANAGAR

Notification No. 67/2017-State Tax
The 29th December, 2017
No.GST/23/2017.-In exercise of the powers conferred by section 164 of the Arunachal Pradesh Goods and Services Tax Act, 2017 (7 of 2017), the State Government hereby makes the following rules further to amend the Arunachal Pradesh Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the Arunachal Pradesh Goods and Services Tax (Eleventh Amendment) Rules, 2017.
(2) Unless otherwise specified, they shall come into force on the date of their publication in the Official Gazette.
2. In the Arunachal Pradesh Goods and Services Tax Rules, 2017, –
(i) in rule 17, after sub-rule (1), the following sub-rule shall be inserted, nam

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ction (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 under sub-rules (4A) or (4B) or both;
(D) "Turnover of zero-rated supply of services" means the value of zer

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claim has been filed.
(4A) In the case of supplies received on which the supplier has availed the benefit of notification No. 45/2017- State Tax dated 13th 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 No. 40/2017- State Tax (Rate) dated 13th 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.";
(iv) in rule 95 –
(a) for sub-rule (1), the following sub-rule shall be substituted, namely:-
"(1) Any person eligible to claim refund of tax pai

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ion No. 45/2017- State Tax dated 13th November, 2017 or notification No. 40/2017- State Tax (Rate) dated 13th November, 2017 or notification No. 41/2017-Integrated Tax (Rate) dated 23rd October, 2017.";
(vi) 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) Permanent Account Number of the representative in India
(b) Email Address of the representative in India
(c) Mobile Number of the representative in Indi

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ffirm 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 authorized 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:
(a) For own premises –
Any document in support of the ownership of the premises like Latest Property Tax Receipt or Municipal Khata copy or copy of Electricity Bill.
(b) For Ren

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age 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 application for registration is being filed/ is registered under the Central Goods and Service Tax Act, 2017.
All his actions in relation to this business will

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hich the centralized UIN is sought";
(b) in the Instructions, the words, "Every person required to obtain a unique identity number shall submit the application electronically" shall be substituted with the words, "Every person required to obtain a unique identity number shall submit the application electronically or otherwise.";
(viii) for FORM GSTR-11, the following form 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 details
Rate
Taxable value
Amount of tax
Place of Supply
No
Date
Value
Integrated tax
Central Tax
State/UT Tax
CESS
1
2
3
4
5
6
7
8
9
10
11
3A. Invoices received
3B. Debit / Credit Note received
Verification
I hereby solemnly

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;……> 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 Embassy of foreign countries/ any other person/ class of persons specified/ notified by the Government.
Date :
Place :
Signature of Authorised Signatory :
Name :
Designation / Status
Instructions
1. Application for refund shall be filed o

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Waives the amount of late fee payable to furnish the return in FORM GSTR – 4
65/2017-State Tax Dated:- 29-12-2017 Arunachal Pradesh SGST
GST – States
Arunachal Pradesh SGST
Arunachal Pradesh SGST
GOVERNMENT OF ARUNACHAL PRADESH
DEPARTMENT OF TAX & EXCISE
ITANAGAR

Notification No. 65/2017-State Tax
The 29th December, 2017
No. GST/23/2017.-In exercise of the powers conferred by section 128 of the Arunachal Pradesh Goods and Services Tax Act, 2017 (7 of 2017) (hereafter in thi

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Notifies the registered persons having aggregate turnover of upto 1.5 crore rupees in the preceding financial year or the current financial year, furnish the details of outward supply of goods or services or both in FORM GSTR-1
64/2017-State Tax Dated:- 29-12-2017 Arunachal Pradesh SGST
GST – States
Arunachal Pradesh SGST
Arunachal Pradesh SGST
GOVERNMENT OF ARUNACHAL PRADESH
DEPARTMENT OF TAX & EXCISE
ITANAGAR
–
Notification No. 64/2017-State Tax
The 29th December, 2017
No. GST/23/2017.-In exercise of the powers conferred by section 148 of the Arunachal Pradesh Goods and Services Tax Act, 2017 (7 of 2017), and in supersession of notification No. 53/2017 – State Tax dated the 16th November, 2017, published in the Gazett

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ed in column (2) of the Table below till the time period as specified in the corresponding entry in column (3) of the said Table, namely:-
Table
Sl. No.
Quarter for which the details in FORM GSTR-1 are furnished
Time period for furnishing the details in FORM GSTR-1
(1)
(2)
(3)
1
July – September, 2017
10th January, 2018
2
October – December, 2017
15th February, 2018
3
January – March, 2018
30th April, 2018
3. The special procedure or extension of the time limit for furnishing the details or return, as the case may be, under sub-section (2) of section 38 and sub-section (1) of section 39 of the Act, for the months of July, 2017 to March, 2018 shall be subsequently notified in the Official Gazette.
Marnya Ete
Commissioner t

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Extends the time limit for furnishing the details of outward supplies in FORM GSTR-1.
20-Rc.085/2016/Taxation/A1 Dated:- 29-12-2017 Tamil Nadu SGST
GST – States
Tamil Nadu SGST
Tamil Nadu SGST
Government of Tamilnadu
Office of the Principal Secretary / Commissioner of Commercial Taxes,
Ezhilagam Chepauk Chennai -600 005.
Notification issued by commissioner of State Tax,
CHENNAI, Friday, December 29, 2017
(Margazhi 14, Hevelambi, Thiruvalluvar andu-2048)
No. 20-Rc.085/2016/Taxation/A1
NOTIFICATION
In exercise of the powers conferred by the second proviso to sub-section (1) of section 37 read with section 168 of the Tamil Nadu Goods and Services Tax Act, 2017 (Tamil Nadu Act 19 of 2017) (hereinafter in this notification

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Filing of Return under GST.
06/2017/TNGST Dated:- 29-12-2017 Tamil Nadu SGST
GST – States
=============
Document 1
GOVERNMENT OF TAMIL NADU
COMMERCIAL TAXES DEPARTMENT
OFFICE OF THE ADDITIONAL CHIEF SECRETARY /
COMMISSIONER OF COMMERCIAL TAXES
Ezhilagam, Chepauk, Chennai 600 005.
PRESENT: DR.C.CHANDRAMOULI, I.A.S.
Circular No.06/2017 TNGST
(RC 085/2016 / A1/Taxation Cell)
dated: 29.12.2017
Subject: Filing of Returns under GST- regarding.
*****
The GST Council, in its 23rd meeting held at Guwahati on 10th
November 2017, has taken certain decisions in regard to filing of returns
by taxpayers. Subsequently, various representations have been received
seeking clarifications on various aspects of return filing such as return
filing dates, applicability and quantum of late fee, amendment of errors in
submitting filing of FORM GSTR-3B and other related queries. In order
to consolidate the information in various notifications and circulars
regarding return filing and

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7-CT dated 15th November 2017. Further, Notification No.
71/2017-CT and Notification No. 72/2017 – CT both dated 29th December
Page 1 of 12
2017 (superseding Notification No. 57/2017-CT and 58/2017-CT both
dated 15th November 2017) and Notification No. CCT Notification No.
9/2017, dated 15.9.2017 [Rc.085/2016/Taxation A1], CCT Notification
No.15/2017, dated 15.11.2017 [Rc.085/2016/Taxation A1], Tamil Nadu
Notification No. II(2)/CTR/1041(d-1)/2017 dated 29.12.2017 and CCT
Notification No. 20/2017, dated 29.12.2017 [Rc.085/2016/Taxation A1]
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 F

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or the remaining quarters, the
last date for filing of FORM GSTR-4 is within eighteen days after the end
of such quarter.
1.5 It is also clarified that the registered person will self-assess his
aggregate turnover in terms of Section 2(6) of the TNGST Act, 2017 for
the previous financial year or the current financial year (in case of new
3. Amendment / corrections / rectification of errors:
3.1
Various representations have been received wherein registered
persons have requested for clarification on the procedure for rectification
of errors made while filing their FORM GSTR-3B. In this regard, Circular
No. 7/7/2017-GST dated 1st September 2017 was issued which clarified
that errors committed while filing FORM GSTR – 3B may be rectified
while 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 variation

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

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mmissioners (ST) (Territorial)
Copy submitted to the Additional Chief Secretary to Govt., CT & R Dept.,
Chennai 9.
Copy to the Additional Commissioners (Audit) (SMR) (PR) (RP) in the O/o
the ACS/CCT.
Copy to the Joint Commissioner (CT) Computer System to host in the
dept.website.
Copy to the all Joint Commissioners (ST) (Enforcement)
Copy to all the Deputy Commissioners(ST) in the State including
Enforcement.
Copy to all Heads of Assessment Circles.
//Forwarded by order //
Assistant Commissioner (ST) Taxation
Page 5 of 12
Common
Error-I
Liability
was under
reported
Stage 1
Confirmed Submission
Return liabilities / Input tax credit availed
confirmed and submitted and
therefore no change can be done to the
liability. No action was taken after this
step.
were
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

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extent of their under reported
liability.
What
they do?
The company may use the 'edit return' facility to
add such liability in their submitted return.
Further, the company may generate a fresh
challan under FORM GST PMT-06 to additional
cash or utilize their credit and furnish their
return.
can
All
Stage 3
Offset Liability
liabilities were
offset by debiting the
cash and credit ledger.
No action was taken
after this step.
Stage 4
Return Filed
Return was filed.
Liability may be added in the return of
subsequent month(s) after payment of
interest.
Company A has four units in Haryana, while
filing their return for the month of July, they
inadvertently, missed on details of a last
minute order. The 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.
Change in If such liability was not reported in F

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the return liability. No action
was taken after this step.
Use “Edit” facility to reduce over reported
liability and cash ledger may be partially
debited to offset such liability.
Remaining balance may either be claimed
as refund or used to offset future liabilities.
Company B had reported an inter-State sale
but realized that the same sale was counted
twice and hence was not to be reported or
taxed. But the return form was already
submitted and no change could be done to
reduce the liabilities. Further, the company
had already deposited cash in their cash
ledger before realizing this error. What can
company B do?
In this case, Company B has the option to use
the “edit” facility to reduce such liability.
Once, this is done, they 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.
All
Stage 3
Offset Liability
liabilities were
offset by debiting th

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. 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 wrongly Use “Edit” facility to rectify wrongly reported liability and cash
reported liability.
ledger may be debited to offset new liability, where sufficient
balances are not available in the credit ledger.
Remaining balance, if any may be either claimed as refund or used
to offset future liabilities.
Company C is registered in the State
of Haryana. While entering their
outward supplies in FORM GSTR-3B,
the company realized that they had
inadvertently, shown inter-State
supply as intra-State supply and
submitted the return. What can they
do?
In this case, the company will have to
rectify wrongly reported liability
using the edit facility. Here, the
company will reduce their Central
Tax/State tax supplies and liability
a

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in the next month's
return with interest, if applicable.
Also, adjustment may be made in return of subsequent
month(s) or refund may be claimed where adjustment
is not feasible.
Company C was registered in the State of Haryana..While
entering their outward supplies in FORM GSTR-3B, the
company realized that they had inadvertently, shown
inter-State supply as intra-State supply and submitted
the return. The company paid their wrong liability and
filed their return in order to avoid late fee and penalty?
What
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.
can
Change in
FORM GSTR-
Such taxpayers will have to file for amendments by filling Table 9 of the subsequent month's / quarter's FORM GSTR-1.
1
Page 8 of 12
Common
Error – IV
Stage 1
Confirmed Submiss

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he “edit” facility to add
more Input tax credit to their submitted FORM
GSTR-3B. Once, this is done, such credit will be
reflected in their Electronic Credit ledger and
may be utilized to offset liabilities for this month
or for subsequent months.
No Action required in cash ledger
No Action required in cash ledger
Input tax credit which was not reported may be
availed while filing return for subsequent month(s).
–
Company D, while filing their FORM GSTR 3B for
the month of July, inadvertently, misreported Input
tax credit of Rs. 1,00,00,000/- as Rs. 10,00,000/-.
They had filed their return and paid Rs. 90,00,000/-
in cash. What can they do?
Since, the return has already been filed, Company D
may add such Input tax credit in their return for
subsequent month(s).
Change in
FORM GSTR-
1
No Action
Page 9 of 12
Common
Error – V
Input tax
credit was
over
reported
Change in
FORM
GSTR-1
Stage 1
Confirmed Submission
Return liabilities / Input tax credit
avail

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t
tax credit, as Rs. 20,00,000/- instead of Rs.
10,00,000/-. What can they do?
Since, the company has submitted details of
their input tax credit but not used such
credit for offsetting their liabilities, they can
reduce their input tax credit by using the
“edit” facility. Since, they have deposited Rs.
10,00,000/- only in their input tax credit
ledger they may deposit additional Rs.
10,00,000/- in the cash ledger by creating
challan in FORM GST PMT-06.
No Action
All
Stage 3
Offset Liability
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

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ledger without any additional
liability
While filing their FORM GSTR 3B
for the months of July, 2017,
Company E inadvertently,
reported their Central Tax credit
of Rs. 20,00,000/- as Integrated
tax. What can they do?
Use edit facility to claim correct
central tax credit under the right
head.
While filing their FORM GSTR 3B for the
months of July, 2017, Company E
inadvertently, reported their Central Tax
credit of Rs. 20,00,000/- as Integrated tax.
What can they do?
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.
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 any wrongly reported input
tax credit in return of subsequent month(s).
For under

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no
change is required to be done to the
liability. No action was taken after this
step.
No Action
No Action
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
Add
cash under the right tax head
and seek cash refund of the cash added under
the wrong tax head.
While filing their FORM GSTR-3B return,
Company F while generating payment challan
added Rs. 5,00,000/- under the Central Tax head,
while they wanted to deposit Rs. 5,00,000/-
under the integrated tax head. What can they
do?
Since, they have already filed their challan, they
will have to add Rs. 5,00,000/- in their integrated
tax head and file their returns. Further, they may
seek refund of Rs. 5,00,000/- from their cash
ledger.
All
Stage 3
Offset Liability
liabilities were
offset by debiting the
cash and credit ledger.
No action was taken
after this step
No Action
Stage 4
Ret

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The Tamil Nadu Goods and Services Tax (Twelfth Amendment) Rules, 2017.
G.O. Ms. No. 188 Dated:- 29-12-2017 Tamil Nadu SGST
GST – States
Tamil Nadu SGST
Tamil Nadu SGST
GOVERNMENT OF TAMIL NADU
COMMERCIAL TAXES AND REGISTRATION DEPARTMENT
[G.O. Ms. No. 188, Commercial Taxes and Registration (B1), 29th December 2017, Margazhi 14,
Hevilambi, Thiruvalluvar Aandu-2048.]
No. SRO A-60(b-2)/2017.
In exercise of the powers conferred by section 164 of the Tamil Nadu Goods and Services Tax Act, 2017 (Tamil Nadu Act 19 of 2017), the Governor of Tamil Nadu hereby makes the following rules further to amend the Tamil Nadu Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the Tamil Nadu Goods and Services Tax (Twelfth Amendment) Rules, 2017.
(2) Unless otherwise specified, they shall come into force on the date of their publication in the Official Gazette.
2. In the Tamil Nadu Goods and Services Tax Rules, 2017,-
(i) in rule 17, after sub-rule (1), the

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der 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 (Central Act 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 under sub-rules (4A) or (4B) or both;
(D) “Turnover of zero-

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ans the period for which the claim has been fi led.
(4A) In the case of supplies received on which the supplier has availed the benefit of the Commercial Taxes and Registration Department Notification No.II(2)/CTR/868(f-2)/2017, published at page 2 in Part II-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 18th October, 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 the Commercial Taxes and Registration Department Notification No.II(2)/CTR/868(d)/2017, published at pages 1-2 in Part II-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 23rd October, 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 ex

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e inserted;
(b) after sub-rule (8), the following sub-rule shall be inserted, namely:-
“(9) The persons claiming refund of integrated tax paid on export of goods or services should not have received supplies on which the supplier has availed the benefit of the Commercial Taxes and Registration Department Notification No.II(2)/CTR/868(f-2)/2017, published at page 2 in Part II-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 18th October, 2017 or Notification No.II(2)/CTR/868(d)/2017, published at pages 1-2 in Part II-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 23rd October, 2017 or Notification No.41/2017-Integrated Tax (Rate) dated 23rd October, 2017.”;
(vi) 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

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/YYYY
3
Uniform Resource Locators (URLs) of the website through which taxable services are provided:
1.
2.
3.
4
Jurisdiction
Center
Bengaluru West, CGST Commissionerate
5
Details of Bank Account of representative in India(if appointed)
Account Number
Type of account
Bank Name
Branch Address
IFSC
6
Documents Uploaded
A customized list of documents required to be uploaded (refer Instruction) as per the fi eld 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
Name of Authorised Signator

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of of :
Scanned copy of the passport of the Non-resident tax payer with VISA details. In case of Company/Society/LLP/ FCNR/ etc. person who is holding power of attorney with authorisation letter.
Scanned copy of Certificate of Incorporation if the Company is registered outside India or in India
Scanned 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 fi led in the fol

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uthentication through digital signature certificate shall not be mandatory for such persons. The authentication will be done through Electronic Verification Code (EVC).
2. Appointed representative in India shall have the meaning as specified under section 14 of Integrated Goods and Services Tax Act, 2017.”;
(vii) in FORM GST REG-13,
a. in PART-B, at serial no. 4, the words, “Address of the entity in State” shall be substituted with the words, “Address of the entity in respect of which the centralized UIN is sought”;
b. in the Instructions, the words, “Every person required to obtain a unique identity number shall submit the application electronically” shall be substituted with the words, “Every person required to obtain a unique identity number shall submit the application electronically or otherwise.”;
(viii) for FORM GSTR-11, the following form shall be substituted, namely:-
Form GSTR-11
[See rule 82]
Statement of inward supplies by persons having Unique Identification Number

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refund is sought.”;
(ix) for FORM GST RFD-10, the following form shall be substituted, namely:-
“FORM GST RFD-10
[See rule 95(1)]
Application for Refund by 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 GSTR-11 : 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 kno

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Notified Date On Which Provisions Of Serial Numbers 9 And 10 Of Karnataka Goods And Services Tax (Amendment) Rules, 2017 Shall Come Into Force.
25 /2017-STATE TAX Dated:- 29-12-2017 Karnataka SGST
GST – States
Karnataka SGST
Karnataka SGST
GOVERNMENT OF KARNATAKA
FINANCE SECRETARIAT
NOTIFICATION -[25 /2017-STATE TAX],
NO. FD 47 CSL 2017-Bengaluru
dated: 29-12-2017
In exercise of the powers conferred by section 164 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka

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ITC O4 APPLICABLE TO MANUFACTURER
Query (Issue) Started By: – pk singhal Dated:- 28-12-2017 Last Reply Date:- 6-1-2018 Goods and Services Tax – GST
Got 3 Replies
GST
SIR
ITC O4 FORM APPLICABLE TO MANUFACTURER WHO SEND INPUT AND RECEIVED OUTPUT FROM JOB WORKER. BUT WHEN A TRADER SEND TO GREY FABRICS TO PROCESS HOUSED AND RECEIVED BACK DYEING PROCESS GREY FABRICS FROM PROCESS HOUSE. WHETHER HE REQURIED TO FILE ITC 04. BECAUSE HE SEND GOODS ON JOB CHALLAN AND RECEIVED BACK ON JOB CHAL

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Frequently Asked Questions – GST
GST
Dated:- 28-12-2017

Q. Is ITC available on vehicle taken on lease for employee in a manufacturing company?
Ans. No. It is not allowed as per section 17(5) of CGST Act, 2017.
Q. We are dealer having more than 1.5 cr turnover. Whether GSTR-1 return to be filed for every month for July-October, 2017 or Single GSTR-1 Return will be filed for the month of July-October, 2017 on or before 31st December, 2017.
Ans. FORM GSTR -1 return is to be filed for every month from July-October, 2017 by registered persons having more than 1.5 cr turnover. Last date is 31st Dec, 2017
Q. In GST portal GSTR-2 online preparation is not showing, but in GST home page GSTR 2 filing last date is 30.11.17. Pls con

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Tax payers can see status of returns filed on GSTN portal
GST
Dated:- 28-12-2017

New Delhi, Dec 27 (PTI) Tax payers can now view the status of the returns filed by them on the GST Network portal, the company handling the technology backbone of the new indirect tax system said today.
"All users logging on the GST portal can now see the status of their returns filed for all the returns like GSTR-1 or GSTR-3B at one place," GSTN CEO Prakash Kumar said.
While GSTR-3B is in

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AUDIT PROVISIONS UNDER GST
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 28-12-2017

Meaning of audit
According to section 2(13) of the GST Act, 2017, 'audit' means detailed examination of records, returns and other documents maintained or furnished by the taxable person under this Act or Rules made thereunder or under any other law for the time being in force to verify, inter alia, the correctness of turnover declared, taxes paid, refund claimed and input tax credit availed, and to assess his compliance with the provisions of this Act or rules made there under.
Accordingly, 'audit' implies –
(a) detailed examination of records, returns and other documents –
(i) maintained/furnished by a taxable person,
(ii) under GST law/any other law or rules;
(b) Verification of correctness of –
(i) turnover declared;
(ii) taxes paid.
(iii) refund claimed, and
(iv) input tax credit availed;
(v) Assessment of compliances with provisions of GST law a

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ished, or
● explanation furnished is not found satisfactory, or
● taxable person fails to take corrective action/measures after accepting the discrepancies,
proper officer may initiate appropriate action against such taxable person which may include –
● audit by tax authorities under section 65
● special audit under section 66
● inspection, search or seizure under section 67
● proceed to determine tax and other dues under section 79 providing for recovery of dues.
Audit by tax authorities
According to section 65 of the GST Act, 2017 in relation to audit in GST regime, following points are worth noting –
(i) who can authorize/conduct audit – commissioner of GST or commissioner of SGST or officer authorized by him by an order (general or specific);
(ii) audit of what – business transactions of any taxable person;
(iii) audit when – after at least 15 days advance notice;
(iv) how audit will be done – to be carried out in a transpa

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oner of GST or SGST;
(b) shall be in writing;
(c) may authorize any officer to undertake audit;
(d) may be general order or specific order;
(e) shall specify period of audit;
(f) shall specify frequency of audit;
(g) shall prescribe manner of undertaking audit.
Surprise element in audit
As per section 65(3), it has been stipulated that for the audit, taxable person shall be informed, by way of a notice, sufficiently in advance, not less than fifteen working days, prior to the conduct of audit in the manner prescribed.
Information regarding audit
As per sub rule (2) of rule 101 of the GST Rules, 2017 where it is decided to undertake the audit of a registered person in accordance with the provisions of section 65, the proper officer shall issue a notice in FORM GST ADT-01 inaccordance with the provisions of sub-section (3) of the said section.
Audit – mandatory or discretionary
Audit under section 65 of the GST Act, 2017 is a discretionary audit and shall be carried out only

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ths for reasons to be recorded in writing.
Example:
Date on which documents requested
1 December 2017
Date of which documents/records made available
20 December 2017
Date of actual institution of audit at auditee's place
5 January, 2018
The date of commencement of audit will be taken as
5 January, 2018
Date by which audit should be completed in normal course
4 April, 2018
Last date by which audit should be completed (including extended period)
4 October, 2018
Outcome of audit under section 65
On completion of audit under section 65, proper officer is required to do the following without delay –
(a) inform the audit findings to the taxable person whose records have been audited
(b) Inform the taxable person of his rights and obligations
(c) Inform the taxable person the reasons for the audit findings
(d) Initiate action under section 73, ie determination of tax not paid or short paid or erroneously refunded, if the audit results in detection of (i) tax not paid or sho

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ort paid or erroneously refunded or input tax credit wrongly availed or utilized by reason of fraud or any willful-misstatement or suppression of facts.
It may be noted that in Central Excise and Service Tax, Excise Audit and Service Tax audit was carried out by way of verification and scrutiny by audit Commissionerate, though there was no specific provision for audit by departmental officers. Rule 5A of Service Tax Rules, 1994 provides that commissioner or audit team of Comptroller and Auditor General of India can visit the assessee's premises for audit purposes.
Difference between the two audit under sections 65 and 66
Following comparison can be made out between audits under sec 65 and 66 of the GST Act, 2017:
Issue
Audit under section 65
Audit under section 66
Statutory provisions
65
66
Trigger point
General audit; audit of business transactions, no specific reason to be cited
Nature & complexity of case, interest of revenue, incorrect value of supply or abnormal availm

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waiver the late fee payable FORM GSTR-3B FOR THE MONTH OF July, 2017.
S.O. 1/P.A.5/2017/S.128/2018 Dated:- 28-12-2017 Punjab SGST
GST – States
Punjab SGST
Punjab SGST
GOVERNMENT OF PUNJAB
DEPARTMENT OF EXCISE AND TAXATION
(EXCISE AND TAXATION-II BRANCH)
NOTIFICATION
The 28th December, 2017
No. S.O. 1/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), and all other powers enabling

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Commissioner of Central Tax, Gst East Versus Mphasis Ltd
Service Tax
2018 (3) TMI 185 – CESTAT BANGALORE – TMI
CESTAT BANGALORE – AT
Dated:- 28-12-2017
ST/CROSS/20958/2017 in ST/ 21501/2017-SM – 23316/2017
Service Tax
Shri SS Garg, Judicial Member
Shri Madhusharan, Asst. Commissioner(AR) – For the Appellant
Shri K. Parameshwaran, Advocate – For the Respondent
ORDER
Per: SS GARG
The Revenue has filed the present appeal against the impugned order dt. 13/06/2017 passed by the Commissioner(Appeals) whereby the Commissioner(Appeals) has dropped the penalties under Section 77 & 78.
2. Briefly the facts of the present case are that the respondents are registered with the Department under the category of Information Technology Software Service and Information Technology Enabled Services. A show-cause notice was issued to the respondent for various demands. After following the due process, the original authority confirmed the demands of being service tax not paid on r

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d upon the decisions in the following cases:
i. Sunil Hi-Tech Engineers Ltd. Vs. CCE, Nagpur [2014(36) STR 408 (Tri. Mum.)]
ii. Raffles Software Pvt. Ltd. Vs. CCE, C&ST, Bangalore [Final Order No.22199/2017 dt 21/09/2017]
iii. Srishti Software Applications (P) Ltd. +1 Vs. CCE, C&ST [Final order No.22201-22202/2017 dt. 22/09/2017]
5 On the other hand, the learned counsel for the assessee defended the impugned order and submitted that the learned Commissioner(Appeals) after examining all the facts have dropped the penalty which is justified because there was no suppression of facts on the part of the respondent. He further submitted that imposition of penalty under Section 78 of the Finance Act is in contravention of the provisions of Section 73(3) of the Finance Act. He further submitted that the service tax along with interest has already been paid by the assessee before the issuance of the show-cause notice. He also submitted that Section 73(3) of the Finance Act is in unambiguous

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d. [2011 (267) ELT 481 (Kar.)]
ix. Manipal County Vs. CST [2010(17) STR 474 and which has been upheld by Hon'ble High Court of Karnataka reported in 2014(36) STR J188
x. Landis + GYR Ltd. Vs. CCE [2017(49) STR 637]
6. After considering the submissions of both the sides and perusal of material on record and the various judgments relied upon by the respondent, I am of the considered view that Section 73(3) is very clear as it says that if the tax is paid along with interest before the issuance of the show-cause notice, then in that case, show-cause notice need not be issued. In the present case, I find that is on account of bona fide mistake that the service tax was not paid and as soon as it was pointed out by the audit part, the assessee paid the service tax along with interest. Further I find that there was no material brought on record by the Revenue to establish that there was suppression on the part of the assessee. Further on identical facts, this Tribunal in the case of Bh

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