Submission of GSTR-1

Submission of GSTR-1
Query (Issue) Started By: – Manish Sulakshane Dated:- 12-12-2017 Last Reply Date:- 13-12-2017 Goods and Services Tax – GST
Got 3 Replies
GST
Dear Sir,
Following is the Query – when filing of GSTR-1 Return
Error! GSTR-1 Save/action on Counterparty Invoices/Submit are not allowed for current date.
What is the solution
Reply By KASTURI SETHI:
The Reply:
It means filing is still not allowed by Common Portal System. It is not error on your part but matter of tim

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Advance ruling under GST

Advance ruling under GST
By: – Venkataprasad Pasupuleti
Goods and Services Tax – GST
Dated:- 12-12-2017

What is Advance ruling?
“Advance ruling” means a decision/ruling given to the applicant by the constituted authority on the matters relating GST provisions like registration requirement, exemptions, classification, valuation, ITC etc.
Unlike old Central indirect taxes (Central Excise, service tax) wherein ruling can be sought only on proposed transactions, GST laws provide an advance ruling on all types of transactions whether it is proposed or already occurred.
For this purpose, each state would constitute 'Authority of Advance Ruling (AAR)'. Many of the states have already constituted the benches. The details of the bench along with communication addresses can be accessed from this link http://www.gstcouncil.gov.in/sites/default/files/Details-of-AAR-as-on_22-11-2017.pdf
Who can apply (persons eligible?)
Unlike old laws which this facility to specified persons

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10,000/-. Though it was said that application filing is online, as of now, the facility of the filing online is not made available. Hence, applications shall be filed manually with the corresponding bench of the advance ruling.
* On receipt of an application, the AAR shall send a copy of the application to the jurisdictional officer and call for all relevant records.
* AAR shall grant an opportunity of hearing to the applicant as well as department representative for examining the admissibility of the application. Thereafter, AAR passes an order either admitting or rejecting the application
* If the application is rejected, it should be by way of a speaking order giving the reasons for rejection.
* If the application is admitted, the AAR shall pronounce its ruling within 90 days of receipt of application. Here again, an opportunity of hearing to the applicant as well as department representative shall be given while arriving the ruling on the questions/matters specified in the

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icient cause for the delay. Once the total period of 60 days (30 days normal time limit for filing the appeal + extended period of 30 days which AAAR has the power to condone the delay) are expired, the appeal remedy may lose. In this regard, the rationale of the Hon'ble Supreme court decision in case of Singh Enterprises v. Commissioner – 2007 (12) TMI 11 – SUPREME COURT OF INDIA . Only the remedy available is approaching the High court for invocation of the extraordinary jurisdiction under Article 226 of the Constitution of India. Panoli Intermediate (India) Pvt. Ltd. v. Union of India – 2015 (7) TMI 303 – GUJARAT HIGH COURT
* The Appellate Authority must pass an order after hearing the parties to the appeal within 90 days of the filing of an appeal.
* If members of AAAR differ on any point referred to in appeal, it shall be deemed that no advance ruling is issued in respect of the question under appeal.
Other points to be noted:
* An advance ruling pronounced by AAR or AAAR

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e period when the order declaring it to be void is issued).
* An order declaring advance ruling to be void can be passed only after hearing the applicant.
Few decisions under the old laws that are relevant under GST also:
* Merely because another subsidiary is carrying out the same activity and its case is pending with any officer, another subsidiary will not become ineligible to obtain AR in relation to the same question. – IN RE: A. TEX (INDIA) PVT. LTD. 2004 (3) TMI 100 – AUTHORITY FOR ADVANCE RULINGS ; GSPL India Transco Ltd. v. Union of India – 2012 (8) TMI 753 – Gujarat High Court
* Advance Ruling cannot be sought on a question based on a circular issued by Board as a circular is not a notification. IN RE: Jason James Clemens 2004 (11) TMI 5 – AAR (New Delhi)
* While undoubtedly ruling given in a particular case binding only in respect of reported transaction of the concerned applicant with concerned departmental officers, nevertheless said ruling can have persuasive v

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GST UPDATE ON ADMISSIBILITY OF CREDIT ON RETENTION MONEY

GST UPDATE ON ADMISSIBILITY OF CREDIT ON RETENTION MONEY
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 12-12-2017

In normal parlance, there are cases where the service recipient retains a certain portion of payments to be made to the service provider. The amount so retained is paid to the service provider only after the provision of service is complete. This update seeks to take an insight into various provisions for ascertaining whether the credit will be allowed of the GST portion pertaining to the said retention money. Before Point of Taxation Rules, 2011 were introduced, service tax was payable on receipt basis. Therefore, cenvat credit of the service tax paid was allowed upon partial payment along with service tax, on the basis of invoice raised. After Point of Taxation Rules, 2011, point of taxation was shifted to date of invoice or date of receipt of payment, whichever is earlier. Thus, CENVAT credit was allowed on accrual basis. Rule 4(7) of the CENVAT

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16 of CGST Act, 2017. Second proviso to section 16(2) reads as follows:-
"Provided further that where a recipient fails to pay to the supplier of goods or services or both, other than the supplies on which tax is payable on reverse charge basis, the amount towards the value of supply along with tax payable thereon within a period of one hundred and eighty days from the date of issue of invoice by the supplier, an amount equal to the input tax credit availed by the recipient shall be added to his output tax liability, along with interest thereon, in such manner as may be prescribed:"
The language of this proviso uses the words "amount towards value of supply alongwith tax payable". This indicates that the amount can be any portion of value of supply (as it does notsays that the entire bill should not be paid) and tax payable thereon. As such, it can be inferred that the ITC alongwith interest shall be required to be reversed only to the portion of bill not paid to

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on Twitter at https://www.twitter.com/@capradeepjain21
Reply By JAIPRAKASH RUIA as =
The language clearly mention the word " fails to pay". In case of retention money, the receiver of goods or service or both doesn't fails to pay but didn't pay as per and in line with contract or agreement. If the retention money is payable after three year as per contract, one can not say that receiver filed to pay but the same is payable only at the end of third year. Other is value alongwith tax payable. When it is not yet payable to supplier, it can not become payable. Third the credit to receiver is available to receiver on payment of tax to govt. by supplier, hence govt. tax cycle end there. Govt. can only ensure the interest of revenue but can not decide the business terms of tax payers.
Full credit should be available even if the retention money is not paid within 6 month if contract permit.
Even D/N issued should also be considered as payment because in that case the am

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Extension of time to file GSTR-1 quaterly

Extension of time to file GSTR-1 quaterly
57/2017-State Tax Dated:- 12-12-2017 Delhi SGST
GST – States
Delhi SGST
Delhi SGST
FINANCE (REVENUE-1) DEPARTMENT
NOTIFICATION No. 57/2017-State Tax
Delhi, the 12th December, 2017
No. F. 3(70)/Fin(Rev-1)/2017-18/DS-VI/808.-In exercise of the powers conferred by section 148 of the Delhi Goods and Services Tax Act, 2017 (Delhi Act 03 of 2017) , the Lt. Governor of the National Capital Territory of Delhi, on the recommendations of the Council, notifies the registered persons having aggregate turnover of upto 1.5 crore rupees in the preceding financial year or the current financial year, as the class of registered persons who shall follow the special procedure as detailed below for fur

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Exemption from SGST supplies by CSD to Unit Run Canteens and supplies by CSD / Unit Run Canteens to authorised customers notified under section 11 (1).

Exemption from SGST supplies by CSD to Unit Run Canteens and supplies by CSD / Unit Run Canteens to authorised customers notified under section 11 (1).
G.O.MS.No. 584 Dated:- 12-12-2017 Andhra Pradesh SGST
GST – States
Andhra Pradesh SGST
Andhra Pradesh SGST
GOVERNMENT OF ANDHRA PRADESH

REVENUE (COMMERCIAL TAXES-II) DEPARTMENT
G.O.MS.No. 584 Dated: 12-12-2017
Read the following:
NOTIFICATION
In exercise of the powers conferred by sub-section (1) of section 11 of the Andhra Pradesh Goods and Services Tax Act, 2017 (Act 16 of 2017), the Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Goods and Services Tax Council, exempts, supplies of goods, the descript

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To notify the exemptions on supply of services under SGST Act [Section 11(1)]

To notify the exemptions on supply of services under SGST Act [Section 11(1)]
G.O.MS.No. 588 Dated:- 12-12-2017 Andhra Pradesh SGST
GST – States
Andhra Pradesh SGST
Andhra Pradesh SGST
GOVERNMENT OF ANDHRA PRADESH

REVENUE (COMMERCIAL TAXES-II) DEPARTMENT
G.O.Ms.No.588, Dated:12-12-2017. Read the following:
NOTIFICATION
In exercise of the powers conferred by sub-section (1) of section 11 of the Andhra Pradesh Goods and Services Tax Act, 2017 (16 of 2017), the Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Goods and Services Tax Council, exempts the intra-State supply of services of description as specified in column (3) of the Table below from so much of the State tax leviable thereon under sub-section (1) of section 9 of the said Act, as is in excess of the said tax calculated at the rate as specified in the corresponding entry in column (4) of the said Table, unless specified otherwise, subject to

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lation to any function entrusted to a Municipality under article 243W of the Constitution.
Nil
Nil
4
Chapter 99
Services by Central Government, State Government, Union territory, local authority or governmental authority by way of any activity in relation to any function entrusted to a municipality under article 243 W of the Constitution.
Nil
Nil
5
Chapter 99
Services by a governmental authority by way of any activity in relation to any function entrusted to a Panchayat under article 243G of the Constitution.
Nil
Nil
6
Chapter 99
Services by the Central Government, State Government, Union territory or local authority excluding the following services-
(a) services by the Department of Posts by way of speed post, express parcel post, life insurance, and agency services provided to a person other than the Central Government, State Government, Union territory;
(b) services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport;

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Nil
Nil
8
Chapter 99
Services provided by the Central Government, State Government, Union territory or local authority to another Central Government, State Government, Union territory or local authority:
Provided that nothing contained in this entry shall apply to services-
(i) by the Department of Posts by way of speed post, express parcel post, life insurance, and agency services provided to a person other than the Central Government, State Government, Union territory;
(ii) in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport;
(iii) of transport of goods or passengers.
Nil
Nil
9
Chapter 99
Services provided by Central Government, State Government, Union territory or a local authority where the consideration for such services does not exceed five thousand rupees:
Provided that nothing contained in this entry shall apply to-
(i) services by the Department of Posts by way of speed post, express parcel post, life insurance, an

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e Housing for All (Urban) Mission or Pradhan Mantri Awas Yojana.
Nil
Nil
11
Heading 9954
Services by way of pure labour contracts of construction, erection, commissioning, or installation of original works pertaining to a single residential unit otherwise than as a part of a residential complex.
Nil
Nil
12
Heading 9963 or Heading 9972
Services by way of renting of residential dwelling for use as residence.
Nil
Nil
13
Heading 9963 or Heading 9972 or Heading 9995 or any other Heading of Section 9
Services by a person by way of-
(a) conduct of any religious ceremony;
(b) renting of precincts of a religious place meant for general public, owned or managed by an entity registered as a charitable or religious trust under section 12AA of the Income-tax Act, 1961(hereinafter referred to as the Income-tax Act) or a trust or an institution registered under sub clause (v) of clause (23C) of section 10 of the Income-tax Act or a body or an authority covered under clause (23BBA) of

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Bengal;
(b) non-airconditioned contract carriage other than radio taxi, for transportation of passengers, excluding tourism, conducted tour, charter or hire; or
(c) stage carriage other than airconditioned stage carriage.
Nil
Nil
16
Heading 9964
Services provided to the Central Government, by way of transport of passengers with or without accompanied belongings, by air, embarking from or terminating at a regional connectivity scheme airport, against consideration in the form of viability gap funding:
Provided that nothing contained in this entry shall apply on or after the expiry of a period of one year from the date of commencement of operations of the regional connectivity scheme airport as notified by the Ministry of Civil Aviation.
Nil
Nil
17
Heading 9964
Service of transportation of passengers, with or without accompanied belongings, by-
(a) railways in a class other than-
(i) first class; or
(ii) an air-conditioned coach;
(b) metro, monorail or tramway;
(c) inl

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grain including flours, pulses and rice; and
(g) organic manure.
Nil
Nil
21
Heading 9965 or Heading 9967
Services provided by a goods transport agency, by way of transport in a goodscarriage of –
(a) agricultural produce;
(b) goods, where consideration charged for the transportation of goods on a consignment transported in a single carriage does not exceed one thousand five hundred rupees;
(c) goods, where consideration charged for transportation of all such goods for a single consignee does not exceed rupees seven hundred and fifty;
(d) milk, salt and food grain including flour, pulses and rice;
(e) organic manure;
(f) newspaper or magazines registered with the Registrar of Newspapers;
(g) relief materials meant for victims of natural or man-made disasters, calamities, accidents or mishap; or
(h) defence or military equipments.
Nil
Nil
22
Heading 9966 or Heading 9973
Services by way of giving on hire –
(a) to a state transport undertaking, a Heading 9973 motor veh

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ded by way of annuity under the National Pension System regulated by the Pension Fund Regulatory and Development Authority of India under the Pension Fund Regulatory and Development Authority Act, 2013 (Act 23 of 2013).
Nil
Nil
29
Heading 9971 or Heading 9991
Services of life insurance business provided or agreed to be provided by the Army, Naval and Air Force Group Insurance Funds to members of the Army, Navy and Air Force, respectively, under the Group Insurance Schemes of the Central Government.
Nil
Nil
30
Heading 9971 or Heading 9991
Services by the Employees' State Insurance Corporation to persons governed under the Employees' State Insurance Act, 1948 (Act 34 of 198)
Nil
Nil
31
Heading 9971
Services provided by the Employees Provident Fund Organisation to the persons governed under the Employees Provident Funds and the Miscellaneous Provisions Act, 1952 (Act 19 of 1952)
Nil
Nil
32
Heading 9971
Services provided by the Insurance Regulatory and Development Autho

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or provided under following schemes –
(a) Hut Insurance Scheme;
(b) Cattle Insurance under Swarnajaynti Gram Swarozgar Yojna (earlier known as
Integrated Rural Development Programme);
(c) Scheme for Insurance of Tribals;
(d) Janata Personal Accident Policy and Gramin Accident Policy;
(e) Group Personal Accident Policy for Self-Employed Women;
(f) Agricultural Pumpset and Failed Well Insurance;
(g) premia collected on export credit insurance;
(h) Weather Based Crop Insurance Scheme or the Modified National Agricultural Insurance Scheme, approved by the Government of India and implemented by the Ministry of Agriculture;
(i) Jan Arogya Bima Policy;
(j) National Agricultural Insurance Scheme (Rashtriya Krishi Bima Yojana);
(k) Pilot Scheme on Seed Crop Insurance;
(l) Central Sector Scheme on Cattle Insurance;
(m) Universal Health Insurance Scheme;
(n) Rashtriya Swasthya Bima Yojana;
(o) Coconut Palm Insurance Scheme;
(p) Pradhan Mantri Suraksha BimaYojna;
(q) Niramaya He

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71 or Heading 9985
Services by the following persons in or respective capacities –
(a) business facilitator or a business correspondent to a banking company with respect to accounts in its rural area branch;
(b) any person as an intermediary to a business facilitator or a business correspondent with respect to services mentioned in entry (a); or
(c) business facilitator or a business correspondent to an insurance company in a rural area.
Nil
Nil
40
Heading 9971 or Heading 9991
Services provided to the Central Government, State Government, Union territory under any insurance scheme for which total premium is paid by the Central Government, State Government, Union territory.
Nil
Nil
41
Heading 9972
One time upfront amount (called as premium, salami, cost, price, development charges or by any other name) leviable in respect of the service, by way of granting long term (thirty years, or more) lease of industrial plots, provided by the State Government Industrial Development C

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g 9982 or Heading 9991
Services provided by-
(a) an arbitral tribunal to –
(i) any person other than a business entity; or
(ii) a business entity with an aggregate turnover up to twenty lakh rupees (ten lakh rupees in the case of special category states) in the preceding financial year;
(b) a partnership firm of advocates or an individual as an advocate other than a senior advocate, by way of legal services to-
(i) an advocate or partnership firm of advocates providing legal services;
(ii) any person other than a business entity; or
(iii) a business entity with an aggregate turnover up to twenty lakh rupees (ten lakh rupees in thecase of special category states) in the preceding financial year;
(c) a senior advocate by way of legal services to-
(i) any person other than a business entity; or
(ii) a business entity with an aggregate turnover up to twenty lakh rupees (ten lakh rupees in the case of special category states) in the preceding financial year.
Nil
Nil
46
Headin

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t of India
Nil
Nil
49
Heading 9984
Services by way of collecting or providing news by an independent journalist, Press Trust of India or United News of India
Nil
Nil
50
Heading 9984
Services of public libraries by way of lending of books, publications or any other knowledge-enhancing content or material.
Nil
Nil
51
Heading 9984
Services provided by the Goods and Services Tax Network to the Central Government or State Governments or Union territories for implementation of Goods and Services Tax.
Nil
Nil
52
Heading 9985
Services by an organiser to any person in respect of a business exhibition held outside India.
Nil
Nil
53
Heading 9985
Services by way of sponsorship of sporting events organised –
(a) by a national sports federation, or its affiliated federations, where the participating teamsor individuals represent any district, State, zone or Country;
(b) by Association of Indian Universities, Inter-University Sports Board, School Games Federation of India,

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cs of agricultural produce but make it only marketable for the primary market;
(d) renting or leasing of agro machinery or vacant land with or without a structure incidental to its use;
(e) loading, unloading, packing, storage or warehousing of agricultural produce;
(f) agricultural extension services;
(g) services by any Agricultural Produce Marketing Committee or Board or services provided by a commission agent for sale or purchase of agricultural produce.
Nil
Nil
55
Heading 9986
Carrying out an intermediate production process as job work in relation to cultivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other similar products or agricultural produce.
Nil
Nil
56
Heading 9988
Services by way of slaughtering of animals.
Nil
Nil
57
Heading 9988 or any other Heading of Section 8 and Section 9
Services by way of pre-conditioning, pre- cooling, ripening, waxing, retail packing, labelling of

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y by way of tolerating non-performance of a contract for which consideration in the form of fines or liquidated damages is payable to the Central Government, State Government, Union territory or local authority under such contract.
Nil
Nil
63
Heading 9991
Services provided by the Central Government, State Government, Union territory or local authority by way of assignment of right to use natural resources to an individual farmer for cultivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material
or other similar products.
Nil
Nil
64
Heading 9991 or Heading 9973
Services provided by the Central Government, State Government, Union territory or local authority by way of assignment of right to use any natural resource where such right to use was assigned by the Central Government, State Government, Union territory or local authority before the 1st April, 2016:
Provided that the exemption shall apply only to tax p

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thing contained in entry (b) shall apply to an educational institution other than an institution providing services by way of pre-school education and education up to higher secondary school or equivalent.
Nil
Nil
67
Heading 9992
Services provided by the Indian Institutes of Management, as per the guidelines of the Central Government, to their students, by way of the following educational programmes, except Executive
Development Programme: –
(a) two year full time Post Graduate Programmes in Management for the Post Graduate Diploma in Management, to which admissions are made on the basis of Common Admission Test (CAT) conducted by the Indian Institute of Management;
(b) fellow programme in Management;
(c) five year integrated programme in Management.
Nil
Nil
68
Heading 9992 or Heading 9996
Services provided to a recognised sports body by-
(a) an individual as a player, referee, umpire, coach or team manager for participation in a sporting event organized by a recognized

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Training, Ministry of Skill Development and Entrepreneurship by way of assessments under the Skill Development Initiative Scheme.
Nil
Nil
71
Heading 9992
Services provided by training providers (Project implementation agencies) under Deen Dayal Upadhyaya Grameen Kaushalya Yojana implemented by the Ministry of Rural Development,
Government of India by way of offering skill or vocational training courses certified by the National Council for Vocational Training.
Nil
Nil
72
Heading 9992
Services provided to the Central Government, State Government, Union territory administration under any training programme for which total expenditure is borne by the Central Government, State
Government, Union territory administration.
Nil
Nil
73
Heading 9993
Services provided by the cord blood banks by way of preservation of stem cells or any other service in relation to such preservation.
Nil
Nil
74
Heading 9993
Services by way of-
(a) health care services by a clinical establishm

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ods or services from a third person for the common use of its members in a housing society or a residential complex.
Nil
Nil
78
Heading 9996
Services by an artist by way of a performance in folk or classical art forms of-
(a) music, or
(b) dance, or
(c) theatre,
if the consideration charged for such performance is not more than one lakh and fifty thousand rupees:
Provided that the exemption shall not apply to service provided by such artist as a brand ambassador.
Nil
Nil
79
Heading 9996
Services by way of admission to a museum, national park, wildlife sanctuary, tiger reserve or zoo.
Nil
Nil
80
Heading 9996
Services by way of training or coaching in recreational activities relating to-
(a) arts or culture, or
(b) sports by charitable entities registered under section 12AA of the Income-tax Act.
Nil
Nil
81
Heading 9996
Services by way of right to admission to-
(a) circus, dance, or theatrical performance including drama or ballet;
(b) award function, concert

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of plants and rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other similar products, on which either no further processing is done or such processing is done as is usually done by a cultivator or producer which does not alter its essential characteristics but makes it marketable for primary market;
(e) “Agricultural Produce Marketing Committee or Board” means any committee or board constituted under a State law for the time being in force for the purpose of regulating the marketing of agricultural produce;
(f) “aircraft” has the same meaning as assigned to it in clause (1) of section 2 of the Aircraft Act, 1934 (22 of 1934);
(g) “airport” has the same meaning as assigned to it in clause (b) of section 2 of the Airports Authority of India Act, 1994 (55 of 1994.);
(h) “approved vocational education course” means, –
(i) a course run by an industrial training institute or an industrial training centre affiliated to the Nation

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in any recognised system of medicines in India as per any law for the time being in force;
(l) “banking company” has the same meaning as assigned to it in clause (a) of section 45A of the Reserve Bank of India Act,1934(2 of 1934);
(m) “brand ambassador” means a person engaged for promotion or marketing of a brand of goods, service, property or actionable claim, event or endorsement of name, including a trade name, logo or house mark of any person;
(n) “business entity” means any person carrying out business;
(o) “business facilitator or business correspondent” means an intermediary appointed under the business facilitator model or the business correspondent model by a banking company or an insurance company under the guidelines issued by the Reserve Bank of India;
(p) “Central Electricity Authority” means the authority constituted under section 3 of the Electricity (Supply) Act, 1948 (54 of 1948);
(q) “Central Transmission Utility” shall have the same meaning as assigned to it in

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itution by, whatever name called, that offers services or facilities requiring diagnosis or treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognised system of medicines in India, or a place established as an independent entity or a part of an establishment to carry out diagnostic or investigative services of diseases;
(t) “contract carriage” has the same meaning as assigned to it in clause (7) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988);
(u) “courier agency” means any person engaged in the door-to-door transportation of time-sensitive documents, goods or articles utilising the services of a person, either directly or indirectly, to carry or accompany such documents, goods or articles;
(v) “Customs station” shall have the same meaning as assigned to it in clause (13) of section 2 of the Customs Act, 1962 (52 of 1962);
(w) “declared tariff” includes charges for all amenities provided in the unit of accommodation (given on rent for st

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3); or a distribution or transmission licensee under the said Act, or any other entity entrusted with such function by the Central Government or, as the case may be, the State Government;
(za) “e-rickshaw” means a special purpose battery powered vehicle of power not exceeding 4000 watts, having three wheels for carrying goods or passengers, as the case may be, for hire or reward, manufactured, constructed or adapted, equipped and maintained in accordance with such specifications, as may be prescribed in this behalf;
(zb) “general insurance business” has the same meaning as assigned to it in clause (g) of section 3 of the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972);
(zc) “general public” means the body of people at large sufficiently defined by some common quality of public or impersonal nature;
(zd) “goods carriage” has the same meaning as assigned to it in clause (14) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988);
(ze) “goods transport agency”

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ised by the National Science and Technology Entrepreneurship Development Board (NSTEDB) of the Department of Science and Technology, Government of India and who has entered into an agreement with the Technology Business Incubator or the Science and Technology Entrepreneurship Park to enable himself to develop and produce hi-tech and innovative products;
(zi) “inland waterway” means national waterways as defined in clause (h) of section 2 of the Inland Waterways Authority of India Act, 1985 (82 of 1985) or other waterway on any inland water, as defined in clause (b) of section 2 of the Inland Vessels Act, 1917 (1 of 1917);
(zj) “insurance company” means a company carrying on life insurance business or general insurance business;
(zk) “interest” means interest payable in any manner in respect of any moneys borrowed or debt incurred (including a deposit, claim or other similar right or obligation) but does not include any service fee or other charge in respect of the moneys borrowed o

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chargeable at any moment and that is charged accordingly under the conditions of its permit issued under the Motor Vehicles Act, 1988 (59 of 1988) and the rules made thereunder (but does not include radio taxi);
(zq) “national park” has the same meaning as assigned to it in clause (21) of the section 2 of the Wild Life (Protection) Act, 1972 (53 of 1972);
(zr) “online information and database access or retrieval services” shall have the same meaning as assigned to it in clause (17) of the section 2of the Integrated goods and Services Tax Act,2017(13 of 2017);
(zs) “original works” means- all new constructions;
(i) all types of additions and alterations to abandoned or damaged structures on land that are required to make them workable;
(ii) erection, commissioning or installation of plant, machinery or equipment or structures, whether pre-fabricated or otherwise;
(zt) “print media” means,-
(i) 'book' as defined in sub-section (1) of section 1 of the Press and Registration o

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liated federations, where the participating teams or individuals represent any district, state or zone;
(B) by Association of Indian Universities, Inter-University Sports Board, School Games Federation of India, All India Sports Council for the Deaf, Paralympic Committee of India or Special Olympics Bharat;
(C) by Central Civil Services Cultural and Sports Board;
(D) as part of national games, by Indian Olympic Association; or
(E) under Panchayat Yuva Kreeda Aur Khel Abhiyaan (PYKKA) Scheme;
(zx) “recognised sports body” means –
(i) the Indian Olympic Association;
(ii) Sports Authority of India;
(iii) a national sports federation recognised by the Ministry of Sports and Youth Affairs of the Central Government, and its affiliate federations;
(iv) national sports promotion organisations recognised by the Ministry of Sports and Youth Affairs of the Central Government;
(v) the International Olympic Association or a federation recognised by the International Olympic Assoc

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illage as defined in land revenue records, excluding-
the area under any municipal committee, municipal corporation, town area committee, cantonment board or notified area committee; or any area that may be notified as an urban area by the Central Government or a State Government;
(zzd) “senior advocate” has the same meaning as assigned to it in section 16 of the Advocates Act, 1961 (25 of 1961);
(zze) “single residential unit” means a self-contained residential unit which is designed for use, wholly or principally, for residential purposes for one family;
(zzf) “special category States” shall mean the States as specified in sub-clause (g) of clause (4) of article 279A of the Constitution,
(zzg) “specified organisation” shall mean,-
(i) Kumaon Mandal Vikas Nigam Limited, a Government of Uttarakhand Undertaking; or
(ii) 'Committee' or 'State Committee' as defined in section 2 of the Haj Committee Act, 2002 (35 of 2002);
(zzh) “stage carriage” shall have the same meaning as

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ot; has the same meaning as assigned to it in clause (h) of section 2 of the Trade Unions Act,1926(16 of 1926);
(zzo) “vessel” has the same meaning as assigned to it in clause (z) of section 2 of the Major Port Trusts Act, 1963 (38 of 1963);
(zzp) “wildlife sanctuary” means a sanctuary as defined in the clause (26) of the section 2 of The Wild Life (Protection) Act, 1972 (53 of 1972);
(zzq) “zoo” has the same meaning as assigned to it in the clause (39) of the section 2 of the Wild Life (Protection) Act, 1972 (53 of 1972).
4. Explanation.- For the purposes of this notification,-
(i) Reference to “Chapter”, “Section” or “Heading”, wherever they occur, unless the context otherwise requires, shall mean respectively as “Chapter, “Section” and “Heading” in the scheme of classification of services.
(ii) Chapter, Section, Heading, Group, or Service Code mentioned in Column (2) of the Table are only indicative.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
Dr. D.SAMBA

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EXEMPTION FROM PAYMENT OF TAX UNDER SECTION 9(4) OF THE SGST ACT, 2017 TILL 31-03-2018.

EXEMPTION FROM PAYMENT OF TAX UNDER SECTION 9(4) OF THE SGST ACT, 2017 TILL 31-03-2018.
G.O.Ms.No. 596 Dated:- 12-12-2017 Andhra Pradesh SGST
GST – States
Andhra Pradesh SGST
Andhra Pradesh SGST
REVENUE DEPARTMENT
(COMMERCIAL TAXES-II)
[G.O.Ms.No. 596, Revenue (Commercial Taxes-II), 12th December, 2017.]
NOTIFICATION
In exercise of the powers conferred by sub-section (1) of Section 11 of the Andhra Pradesh Goods and Services Tax Act, 2017 (16 of 2017), the Government, on being

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2.5% Concessional SGST Rate For Supplies To Explorataion And Production Notified Under Section 11 (1).

2.5% Concessional SGST Rate For Supplies To Explorataion And Production Notified Under Section 11 (1).
G.O.Ms.No. 583 Dated:- 12-12-2017 Andhra Pradesh SGST
GST – States
Andhra Pradesh SGST
Andhra Pradesh SGST
REVENUE DEPARTMENT
(COMMERCIAL TAXES-II)
[G.O.Ms.No.583, Revenue (Commercial Taxes-II), 12th December, 2017.]
NOTIFICATION
In exercise of the powers conferred by sub-section (1) of Section 11 of the Andhra Pradesh Goods and Services Tax Act, 2017 (Act 16 of 2017), the Government, being satisfied that it is necessary in the public interest so to do, on the recommendations of the Goods and Services Tax Council, exempts intra-State supplies of goods, the description of which is specified in column (3) of the Table below read with relevant List appended hereto and falling under the tariff item, sub-heading, heading or Chapter, as the case may be, as specified in the corresponding entry in column (2) of the said Table, from so much of the State tax leviable thereon

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under the New Exploration Licensing Policy, or
(4) Petroleum operations undertaken under specified contracts under the Marginal Field Policy (MFP), or
(5) Coal bed methane operations undertaken under specified contracts under the Coal Bed Methane Policy.
2.5%
1 Specified in the annexure
ANNEXURE
Condition No.
Conditions
1.
If,-
(a) the goods are supplied to,-
(i) the Oil and Natural Gas Corporation or Oil India Limited (hereinafter referred to as the “licensee”) or a sub-contractor of the licensee and in each case in connection with petroleum operations to be undertaken under petroleum exploration licenses or mining leases, as the case may be, granted by the Government of India or any State Government on nomination basis; or
(ii) an Indian Company or Companies, a Foreign Company or Companies, or a consortium of an Indian Company or Companies and a Foreign Company or Companies (hereinafter referred to as the “contractor”) or a sub-contractor of the contractor and in each

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al tax or the Deputy Commissioner of State tax or the Assistant Commissioner of State tax, as the case may be, having jurisdiction over the supplier of goods, at the time of outward supply of goods, the following, namely, a certificate from a duly authorised officer of the Directorate General of Hydro Carbons in the Ministry of Petroleum and Natural Gas, Government of India, to the effect that the goods are required for petroleum operations referred to in sub-clause (i) of clause (a);
(ii) is a contractor, he produces to the Deputy Commissioner of Central tax or the Assistant Commissioner of Central tax or the Deputy Commissioner of State tax or the Assistant Commissioner of State tax, as the case may be, having jurisdiction over the supplier of goods, at the time of outward supply of goods, a certificate from a duly authorised officer of the Directorate General of Hydro Carbons in the Ministry of Petroleum and Natural Gas, Government of India, to the effect that the goods are requir

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petroleum operations referred to in sub-clause (i) of clause (a) under the licenses or mining leases, as the case may be, referred to in that sub-clause and containing the name of such sub-contractor, or
(B) petroleum operations referred to in sub-clause (ii) of clause (a) under the contract referred to in that sub-clause and containing, the name of such sub- contractor, or
(C) petroleum operations or coal bed methane operations, as the case may be, referred to in sub- clause (iii) of clause (a) under a contract signed under the New Exploration Licensing Policy or the Coal Bed Methane Policy or the Marginal Field Policy, as the case may be, and containing the name of such sub-contractor;
(ii) an affidavit to the effect that such sub-contractor is a bona-fide sub-contractor of the licensee or lessee or contractor, as the case may be;
(iii) an undertaking from such licensee or lessee or contractor, as the case may be, binding him to pay any tax, fine or penalty that may become p

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troleum and Natural Gas, Government of India, to the effect that the said goods may be transferred in the name of the transferee and that the said goods are required for petroleum operations to be undertaken under :-
(A) petroleum exploration or mining leases referred to in sub-clause (i) of clause (a), or
(B) petroleum operations to be undertaken under a contract referred to in sub-clause (ii) of clause (a), or
(C) petroleum operations or coal bed methane operations, as the case may be, to be undertaken under a contract referred to in sub-clause (iii) of clause (a)
(ii) undertaking from the transferee to comply with all the conditions of this entry, including that he shall pay tax, fine or penalty that may become payable, if any of the conditions of this entry are not complied with by himself, where he is the licensee/ contractor or by the licensee/ contractor of the transferee where such transferee is a sub-contractor;
(iii) a certificate,-
(A) in the case of a petroleum ex

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exemption contained herein, on the depreciated value of such goods subject to the condition that the recipient of outward supply or the transferee, as the case may be, produces before the Deputy Commissioner of Central tax or the Assistant Commissioner of Central tax or the Deputy Commissioner of State tax or the Assistant Commissioner of State tax, as the case may be, having jurisdiction over the supplier of goods, a certificate from a duly authorised officer of the Directorate General of Hydro Carbons in the Ministry of Petroleum and Natural Gas, Government of India, to the effect that the said goods are no longer required for the petroleum operations or coal bed methane operations, and the depreciated value of the goods shall be equal to the original value of the goods at the time of import reduced by the percentage points calculated by straight line method as specified below for each quarter of a year or part thereof from the date of clearance of the goods, namely:-
(i) for each

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vating workover platforms, Remote Operated Vessel (ROV).
(3) Helicopters including assemblies/parts.
(4) All types of marine vessels to support petroleum operations including work boats, barges, crew boats, tugs, anchor handling vessels, lay barges and supply boats, marine ship equipment including water maker, DP system and Diving system.
(5) All types of equipment/ units for specialised services like diving, cementing, logging, casing repair, production testing, simulation and mud services, oil field related lab equipment, reservoir engineering, geological equipment, directional drilling, stimulation, Coil Tubing units, Drill Stem Testing (DST), data acquisition and processing, solids control, fishing (as related to downhole retrieval in oil field operations or coal bed methane operations), well control, blowout prevention(BOP), pipe inspection including Non Destructive Testing, coring, gravel pack, well completion and workover for oil/gas/CBM wells including wireline and downhole

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barges, Mobile and stationary cranes, trenchers, pipelay barges, cargo barges and the like required in the construction/ installation of platforms and laying of pipelines.
(12) Single buoy mooring systems, mooring ropes, fittings like chains, shackles, couplings marine hoses and oil tankers to be used for oil storage and connected equipment, Tanks used for storage of oil, condensate, coal bed methane, water, mud, chemicals and related materials.
(13) All types of fully equipped vessels and other units /equipment required for pollution control, fire prevention, fire fighting, safety items like Survival Craft, Life Raft, fire and gas detection equipment, including H2S monitoring equipment.
(14) Mobile and skid mounted pipe laying, pipe testing and pipe inspection equipment.
(15) All types of valves including high pressure valves.
(16) Communication equipment required for petroleum or coal bed methane operations including synthesized VHF Aero and VHF multi channel sets/ VHF marine mu

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Peculiar Problem – GST on Works Contract Services

Peculiar Problem – GST on Works Contract Services
Query (Issue) Started By: – Sanjeev Chawla Dated:- 11-12-2017 Last Reply Date:- 10-12-2018 Goods and Services Tax – GST
Got 1 Reply
GST
Sir,
We are Contractors providing Works Contract Services to sub-divisions of a Local Authority / Municipality (let's call it ABC).
ABC is registered under GST and has a valid GST number.
Its sub-divisions (let's call it EE) to which we actually provide such Works Contract Services are NOT registered under GST.
Balance Payments have been received from EE for works completed/executed before 01.07.2017 in the months of October-November 2017.
DVAT/Service Tax had not been paid for such works completed / executed before 01.07.2017.
We had

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ad paid to us for Works Contract Services supplied prior to 01.07.2017.
And EE has clearly stated that they will not pay any GST on such Works Contract Services supplied prior to 01.07.2017.
Option to revise GSTR 3B for month of October 2017 is not available.
And we have not yet filed our GSTR 3B for the month of November 2017.
If we file GSTR 1 for October & November 2017 with invoice details issued to ABC, we will be at a huge loss since we will be paying GST on outward supplied from our own pocket and ABC will profit from same after claiming ITC of same and also recovering already paid GST from us.
How should I file GSTR 1 for the month of October 2017 as I no longer have GST received on outward supplied from ABC.
How should I file

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confusion on tax payment

confusion on tax payment
Query (Issue) Started By: – vikram bindra Dated:- 11-12-2017 Last Reply Date:- 12-12-2017 Goods and Services Tax – GST
Got 7 Replies
GST
If the turnover is less than 1.5 crores, in my case much less than it, do i have to pay gst on quarterly basis or monthly basis , some say that one has to pay tax monthly but return can be filed quarterly. kindly respond as this question needs to be cleared
an early response is appriciated
warm rgds
Reply By PAWAN KUMAR:
The Reply:
Dear Sir,
Tax to be paid on quarterly basis and return also.
Reply By KASTURI SETHI:
The Reply:
Small Scale Supplier is also to file monthly GSTR 3 B till issuance of Notification to dispense with the same. So this return cannot be fi

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3 on a quarterly basis starting from the quarter October-December, 2017. He shall have to file monthly GS'I'R-1, 2 and 3 for the months of July, August and September..
Regards
Reply By KASTURI SETHI:
The Reply:
For GSTR 3 B date has been further extended up to March, 18. So payment of GST has to be made monthly till March 18. I think after intervention of expert, Ms.Anita Bhadra, the Querist must be convinced now.
Reply By PAWAN KUMAR:
The Reply:
Dear Sir,
All the taxpayer would file the GSTR-3B till March'2018 and pay tax by 20th of succeeding month. This will be done on monthly basis. However for filing only GSTR-1, there are two category :
1.Tax payer up to turn over of 1.5 Cr. – Return GSTR-1 to file on quarterly basis starti

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Frequently Asked Questions – GST

Frequently Asked Questions – GST
GST
Dated:- 11-12-2017

Q. I am restaurant owner and also have supply of some other services worth ₹ 1 lakh Am I eligible for composition scheme?
Ans. No. Please refer to Section 10 of CGST Act.
Q. Challan for job work in form ITC-04 needs to be filed by 25th of next quarter. Is there any provision of relaxation in it?
Ans. Yes. Please refer to the Notification No. 51/2017-Central Tax
Q. What is taxable value in case of export under LUT or bond as shipping bill show taxable value not applicable in filling GSTR 1. Which value whether FOB value or CFR/CIF or invoice value consider as taxable value?
Ans. Valuation needs to be done on basis of section 15 of CGST Act & Chapter IV of CGST R

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x (Rate)
Q. We are a private ltd co registered in India. Our Parent company is in Europe. We supply ITES services to our parent co in Europe. Query: Whether the services provided by us to our parent co will be treated as Export Services as per GST Act…? Please clarify.
Ans. No as they will be treated as distinct entity.
Q. I am a transporter and does not need to get registered in GST. But, I do business with registered persons. Do I have to maintain any details?
Ans. Yes. Please refer to Chapter VIII-Accounts & Records of CGST Act.
Q. I need advance ruling on my business (supply)? Online process is not working. Need guidance
Ans. Manual application can be given. Please refer to Notification no. 55/2017-Central Tax. A new rule 1

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EOUs Benefit from IGST and Compensation Cess Exemption on Imported Goods Until March 31, 2018.

EOUs Benefit from IGST and Compensation Cess Exemption on Imported Goods Until March 31, 2018.
Notifications
Customs
Goods imported by EOU shall be exempted from IGST and compensation cess le

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consumption

consumption
Query (Issue) Started By: – arun aggarwal Dated:- 11-12-2017 Last Reply Date:- 11-12-2017 Goods and Services Tax – GST
Got 5 Replies
GST
Sir,
I want to understand the difference between the local consumption and local sales under the GST regime if any .
Any commodity sold locally in the same state after charging SGST and CGST not necessarily will be consumed in the same state and can be sold further to any other state after charging IGST.
The problem may arise where the sales/clearances made by the units availing the area based exemptions and after getting some benefits in the SGST and CGST from the state govt on the local consumption and which in return can be further sold to some other state after charging IGST

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traded goods on payment of GST
Area based exemption unit will be eligible for budgetary support .
The application for imbursement of budgetary support shall be made by the eligible unit after the payment of CGST/IGST has been made, for the quarter to which the claim relates, in cash, in respect of specified goods after utilization of Input Tax credit, if any.
Thus even for area based exemptions , GST has to be paid and then budgetory support will be provided .
Regards
Reply By arun aggarwal:
The Reply:
Madam .
Does that means local consumption and local sales have the same meaning under GST?
Reply By ANITA BHADRA:
The Reply:
Sales and consumption are two different terms . The term sales has been replaced with Supply but consumptio

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Court Rules 2% VAT Applies to Pre-July 2017 Works Contracts, Not GST; Directs Commissioner for Action.

Court Rules 2% VAT Applies to Pre-July 2017 Works Contracts, Not GST; Directs Commissioner for Action.
Case-Laws
GST
Rate of tax of GST – works contract – case of petitioners is that the cont

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ABSENCE OF TRANSIT DECLARATION FORM

ABSENCE OF TRANSIT DECLARATION FORM
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 11-12-2017

Vide Order No. 31 of 2017, dated 21.07.2017 the Governor of Uttar Pradesh specified the documents that a person in charge of a conveyance carrying any consignment of goods shall carry while the goods are in movement or in transit storage in Uttar Pradesh. Para 4 of the said order prescribes that in case of transportation of taxable goods valuing ₹ 5,000/- or more from a place outside Uttar Pradesh place outside the State, the Form TDF – 1 shall be carried with such good during the transportation of goods or their transit storage within the State and on the exit of goods from the State, the information shall be provided in Form TDF – 2 (Transit Declaration Form). The said forms shall be downloaded by the procedure prescribed by the Commissioner, State Tax/Commercial Tax from the website of the Department http://comtax.up.nic.in. Thus while the goods a

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of tax invoice, dated 25.10.2017 the goods the IGST and the Compensation cess values at Res.17,42,400/- and ₹ 11,88,000/- respectively. These values have been mentioned at ₹ 5,54,000/-and ₹ 11,88,000/- in copy of tax invoice dated 25.10.2017 filed along with the reply furnished by the petitioner.
The Authority noticing the above said discrepancy, without issuing any other or proper notice, passed the seizure order. In the seized order it has been indicated that there was an intention to evade tax by the petitioner. Consequently the penalty order has been passed on 31.10.2017.
Against this order the petitioner approached the High Court invoking writ jurisdiction. The petitioner put forth the following submissions before the High Court-
* The detention and seizure had been made only on account of absence of transit declaration form;
* No other ground had been disclosed to the petitioner at that stage;
* The seizure had been made ex-parte though the movement of

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r give reply to the allegation on which goods have been seized. The petitioner had no notice or opportunity to explain his conduct with respect to the discrepancy in the tax invoice alleged in the seized order. The High Court considered it proper to set aside the orders dated 28.10.2017 and 31.10.2017 passed under section 129(1) and 129(3) of Uttar Pradesh Goods and Services Tax Act, 2017. The High Court remitted the matter to the respondent No. 4. The High Court further directed that the petitioner shall treat the seizure order dated 28.10.2017 to be a show cause notice in respect of the charge leveled against it. The petitioner shall filed the reply thereto before the respondent No. 4 within a period of one week from the date of order (i.e., 01.12.2017). Upon such reply furnish the respondent No. 4 shall have one week thereafter to pass a fresh order, in accordance with law. Since there is no allegation against the vehicle in respect to the same may be released in the meanwhile witho

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A Brief note on Anti-Profiteering Clause

A Brief note on Anti-Profiteering Clause
By: – Prasanna CP
Goods and Services Tax – GST
Dated:- 11-12-2017

Anti-profiteering rules are as result of lessons learnt from inflation and increased price that was witnessed after GST implementation in other countries, Hence it makes more important for the Indian Administrators to keep track on the prices after implementation of GST.
The section which empowers the Anti-Profiteering measures is reproduced as follows:
Section 171 of CGST Act: “Any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices.”
The Central Government, on recommendations of the Council, by

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t of input tax credit to the recipient by way of commensurate reduction in prices
to order:
* reduction in prices
* return to the recipient, an amount equivalent to the amount not passed on by way of commensurate reduction in prices along with interest at the rate of eighteen per cent. from the date of collection of the higher amount till the date of the return of such amount.
* or recovery of the amount not returned in case the eligible person does not claim return of the amount or is not identifiable, and depositing the same in the Consumer Welfare Fund.
* Imposition of penalty.
* Cancellation of registration.
Government seems to push hard with this Clause to ensure the end consumers are benefited and business entity need to

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GST for Services

GST for Services
Query (Issue) Started By: – suvetha purushothaman Dated:- 11-12-2017 Last Reply Date:- 11-12-2017 Goods and Services Tax – GST
Got 2 Replies
GST
Hi,
I am providing Web Designing, Domain Registration and hosting services. I have purchased Google apps for a client in Dubai. Kindly, please let me know whether i have put GST for that client. Because I am paying GST for Google apps. Can anyone please guide me.
Thank You
Reply By ANITA BHADRA:
The Reply:
Dear Sir
You need not to put GST for client in Dubai . You can claim refund of input Tax ( paid for Google Apps) .
You have two options – pay IGST at the time of export and claim refund . or export under LUT without paying IGST and claim for input Tax refund
,

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Gmmco Limited, Hafele India Private Limited Versus Union of India & Another

Gmmco Limited, Hafele India Private Limited Versus Union of India & Another
GST
2017 (12) TMI 1069 – DELHI HIGH COURT – TMI
DELHI HIGH COURT – HC
Dated:- 11-12-2017
W.P.(C) 9539/2017, C.M. APPL.38777/2017, W.P.(C) 9572/2017, C.M. APPL.38984/2017
GST
S. Ravindra Bhat And Sanjeev Sachdeva, JJ.
For the Petitioner : Sh. Abhishek Rastogi, Sh. Ankit Shah and Sh. Gaurav Sharma, Advocates
For the Respondent : Sh. Sanjeev Narula, CGSC with Sh. Sarfaraz Ahmad and Sh. Abhishek Ghai,

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ITC on works contracts

ITC on works contracts
Query (Issue) Started By: – pradeep kumar Dated:- 10-12-2017 Last Reply Date:- 11-12-2017 Goods and Services Tax – GST
Got 4 Replies
GST
Hi experts, i have some doubts regardind the works contracts of 1
1.repair and maintainces of restarunts,banquiet hall,captria,kichen can i take ITC or not
2.electrical items and fittings above like restarunts,captria etc can i takd itc or not
3.if they how to accounted for like value-100+gst-10=110 can u brief me experts
4.what about treatment of capital assets like above exmple thanks in advance
Reply By ANITA BHADRA:
The Reply:
Dear Sir
as per Sec. 2(119) of CGST Act. ” Works Contract” means a contract for building, construction, fabrication ,completion, erecti

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is not admissible. I agree with Ms.Anita Bhadra, an expert. Repair & maintenance pertain to immovable property. Embedded into earth.
Reply By Vamsi Krishna:
The Reply:
Sorry ,, there was a typing error in my previous message.. Ref the words in bold letters..
Works contract under GST is limited to contracts to do with Immovable property. (ref sec.2(119) where it is clearly defined).
Sec.17(5) of CGST act mentions clearly that " works contract services when supplied for construction of immovable property is ineligible for credit except where it is for further supply of works contract services.
In your example the output services like restaurants, halls, cafeteria etc are not works contract services and therefore you are not entitle

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Extends the period for submitting the declaration in FORM GST TRAN-1 till 27th December, 2017

Extends the period for submitting the declaration in FORM GST TRAN-1 till 27th December, 2017
39/2017 Dated:- 10-12-2017 Telangana SGST
GST – States
Telangana SGST
Telangana SGST
GOVERNMENT OF TELANGANA
COMMERCIAL TAXES DEPARTMENT
TGST Notification No. 39/2017
CCT's Ref No. A(1)/120/2017
Dt. 10-12-2017
In exercise of the powers conferred by rule 120A of the Telangana Goods and Services Tax Rules, 2017 read with section 168 of the Telangana Goods and Services Tax Act, 2017, th

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Compliance of GST Law & Procedure by Custodians at ACC

Compliance of GST Law & Procedure by Custodians at ACC
FACILITY NOTICE 24/2017 Dated:- 10-12-2017 Trade Notice
Customs
OFFICE OF THE COMMISSIONER OF CUSTOMS (Export)
AIR CARGO COMLEX
SAHAR ANDHERI (E), MUMBAI -400099.
F. No. S/3 – Misc 26/2017-18 E&T/(X), ACC
Date: 12.10.2017
FACILITY NOTICE 24/2017
Sub:- Compliance of GST Law & Procedure by Custodians at ACC-reg.
Kind attention of all Custodians, Airlines, Console Agents and other Stake holders is to the compliance of GST Law & Procedure at ACC. Mumbai and the special meetings held on 25.07.2017 and 11.08.2017,
2. Rule 33 of Central Good and Services Tax Rules, 2017 deals with the “value of supply of services in case of pure agent". In compliance to the rules MIAL has

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gent is solely responsible the GST details captured in the receipts and it is mandatory to generate the THC on-line, hence unregistered CHA may get themselves registered seamless transactions.
4. The following process is made availlble by MIAL, to facilitate the trade:
(a) MIAL will provide a data field column option in the custodian management system for updating the required GST details.
(b) It's mandatory to generate the THC receipts online through custodian management system by the Importer/Exporter/Customs broker.
5. For smooth functioning, Importer/Exporter/Consignee and CHAs/CBs are advised to follow the SOP as circulated by the Custodian.
7. Difficulties, if any, faced in the implementation of this Public Notice may be br

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How to avail Input Tax Credit of GST on Airline Bills

How to avail Input Tax Credit of GST on Airline Bills
Query (Issue) Started By: – Shekhar Joshi Dated:- 9-12-2017 Last Reply Date:- 13-12-2017 Goods and Services Tax – GST
Got 2 Replies
GST
We are a manufacturer of goods and for the business purpose we often use Airline Services for business travelling. Some Airlines use word K3 Tax for GST amount. Now the question is how can we get ITC of such GST amount where as it is not confirmed that whether it is CGST & SGST or IGST. What is the current practice which others are following in the new GST regime? how they are getting Invoices?
Pls. Advice
Reply By PAWAN KUMAR:
The Reply:
Dear Sir,
K3 tax code is used for tax charged on airline invoice. Place of supply will be the sched

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Furthermore, you will get the ITC reflected in your GSTR-2A/2.
Sec 12(9) of IGST Act: The place of supply of passenger transportation service to,-
(a) a registered person, shall be the location of such person;
(b) a person other than a registered person, shall be the place where the passenger embarks on the conveyance for a continuous journey:
Provided that where the right to passage is given for future use and the point of embarkation is not known at the time of issue of right to passage, the place of supply of such service shall be determined in accordance with the provisions of sub-section (2).
Explanation.For the purposes of this sub-section, the return journey shall be treated as a separate journey, even if the right to passage f

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Refund of credit accumulated due to tax rate difference

Refund of credit accumulated due to tax rate difference
Query (Issue) Started By: – Gorantla Bhaskar Rao Dated:- 9-12-2017 Last Reply Date:- 14-12-2017 Goods and Services Tax – GST
Got 4 Replies
GST
sir,
A party has filed application for refund of credit accumulated due to tax rate difference under GST. The party's inputs attract higher rate of duty than the rate of duty attracted on his output and thus he accumulated credit. Is he eligible for refund in cash under GST. As of now GST portal for refunds is not working and hence filed manually for sanction of refund. Is he eligible for the refund of the amount in cash even if he files manually. What is the time period for sanction of the same and under what provisions ? What

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IRCTC AND GST

IRCTC AND GST
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 9-12-2017

E-ticket
Now it is common to book railway tickets in advance electronically. On booking of the ticket we may take the hard copy of the ticket that may be shown to the checker at the time of travel. We will also received SMS immediately on the booking indicating the PNR number, train number, date of travel, Class, seat number. At the time of travel showing the SMS is enough for travel along with showing of identity card such as PAN card or aadhar card or voter ID card.
In the advanced technology we almost neglect to take hardcopy of the e-ticket. Even if we take the hard copy we only notice the train time, seat number, birth allotted, departure time, arrival time only. No one will read the entire contents in the ticket.
While I was travelling from Madurai to Chennai on 29.11.2017 by Pearl City Express (Train No. 12694) in second AC, due to time availability I happened to read

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tax shall be made only after Ministry of Railways gets refund from the Central Excise Department. The cancelled ticket shall be treated as credit note for getting refund of service tax amount.
Fare Details
In the said ticket the fare details are given as below-
* Ticket Fare (inclusive of GST ₹ 54.54.) = ₹ 1150/-
* IRCTC Service charge (Inclusive of GST) = ₹ 0/-
* Travel Insurance premium (inclusive of GST) = Rs/.0/-
* Total fare (all inclusive) = ₹ 1150/-
GST details
In the ticket the Indian Railways GST details are indicated as below-
Supplier information
* Invoice No. PS17413798846211 (inclusive of PNR No- PNR No. is 4137988462)
* Address – Indian Railways, New Delhi.
* SAC Code – 996421 (Long distance transport services of passengers through rail network by railways for distance beyond 150 kms. )
* GSTIN – 07AAAGM)289C1ZL
Recipient information
* GSTIN;
* Name;
* Address
(Since I am unregistered person under GST the above informat

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st Class coachesof special train/coaches on FTR;
* All other type of first class and AC class coaches, if any.
* The rate of GST shall be 5% on total fares as per the logic of application, GST Vide Appendix A;
* As regard duty pass, privilege pass, any other complimentary passeswhich are not reimbursed to railways etc., and where no money transaction is involved, GST shall not be levied.
* On concessional tickets/Privilege Ticket Orders (PTO) tickets, etc., GST shall be levied at the prescribed rate on total actual fare collected after concession/rebate.
* The GST amount shall not be rounded off.In case of showing separate amount for CGST and SGST/UTGST in that case also GST amount shall be separately mentioned up to two decimal place.As regards rounding of charging fare, after levy of GST on the total fare charged including Superfast Surcharge, reservation fee etc., as applicable therefore it shall be rounded off as per approved principles.
* As per provisions of GST, cert

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posed above.
* In case tickets were booked in advance along with service tax for journeys to commence on or after the date of implementation of GST, the GST difference of fare shall not be collected on the tickets booked in advance.This shall be applicable on tickets issued on or after 01.07.2017.
* In case of mobile tickets, location of supplier shall be originating station and mobile tickets shall be issued only to unregistered users.
* Commercial Inspectors and TIAs should visit all important stations and ensure that GST is levied on tickets issued as per GST rules.Commercial Officer should also make surprise checks at the stations and ensure that GST is levied from the date of its implementation.
* All other terms and conditions shall be followed as per approach paper for implementation of GST mentioned above.
Logic for GST application (Passenger)
Concepts
Place of supply
* In case of registered customer – place of registration of the customer;
* In case of unregist

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tate
* In case of unregistered customer if the place from where the ticket or invoice is issued are in the same State and the place of embarkation are in the differentState it will be intra State.
GST on static catering services
The issue of implementation of Goods and Service Tax (GST) on Catering Services on Indian Railway has been examined in consultation of Finance Commercial Dte. of Railway Board and accordingly issued Commercial circular No. 79 of 2017, dated 01.12.2017 in which the following are advised-
* The chargeable GST on catering services in static catering units / parliament canteen is @ 5% with no Input Tax Credit (ITC).
* The above GST on catering charges through Static units is applicable w.e.f 15.11.2017.
* The rates notified vide Commercial Circular No. 78 of 2012 (which gives revised tariff for tea/coffee, breakfast and standard meals)will remain unchanged after applicability of GST but are now inclusive of GST @5% for static catering units.
Scholarly

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GST UPDATE ON REVERSAL OF ITC IN CASE OF GOODS LOST BY FIRE

GST UPDATE ON REVERSAL OF ITC IN CASE OF GOODS LOST BY FIRE
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 9-12-2017

In GST regime, the scope of definition of inputs, capital goods and input services is very wide and covers almost all the imaginable goods and services that are directly or indirectly used in course or furtherance of business. However, section 17(5) prescribes a list of goods or services on which ITC is not admissible. The opening para of section 17(5) of CGST Act, 2017 reads as follows:-
"(5) Notwithstanding anything contained in sub-section (1) of section 16 and sub-section (1) of section 18, input tax credit shall not be available in respect of the following, namely:-
……
……
(h) goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples; "
The bare analysis of above section makes it clear that this section has overriding effect and it states that the ITC shall not be available in respect of g

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ore, the ITC shall not be allowed on the same.
By analyzing both the views, the authors of this update find that the definition of inputs and capital goods use the phrase "used or intended to be used in course or furtherance of business". Since this condition is to be checked at the time of admissibility of ITC and at that time the goods lost, stolen or destroyed were intended to be used in course or furtherance of business, the ITC was legally availed. It is worthwhile to mention here that once ITC is legitimately availed, it cannot be demanded back without a specific provision in this regard. There is no provision for demanding the ITC on inputs, capital goods and input services that have already been used for manufacture of finished goods that are lost or stolen or damaged. There is only one provision under clause (h) of section 17(5) of CGST Act, 2017 which talks of reversal on inputs or capital goods or input services itself. Further, there is no such provision of rever

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n the ITC cannot be demanded on the input content in the finished goods lost or destroyed. The content of this GST update is for educational purpose only and not intended for solicitation.
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Reply By JAIPRAKASH RUIA as =
Good !
If a manufacturer buy gift and give to customer. whether the ITC of GST paid on gift purchased is available to manufacturer please?
Dated: 11-12-2017
Reply By Manoj Sharma as =
Though the words used at the beginning of subsection 5 are "no ITC shall be available" I guess the real intention of Section 17(5)(h) is to define reversal. You do not know which goods you are going to distribute as gift or sample or which goods are gonna destroyed. The indirect meaning of this wording is that you take ITC at the arrival of goods but you have to reverse it when you di

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