Author: admin_gst

GST – States – 34/2017-State Tax – Dated:- 18-8-2017 – COMMISSIONER OF STATE TAX, MAHARASHTRA STATE GST Bhavan, Mazgaon, Mumbai 400 010, dated the 18th August 2017 NOTIFICATION Notification No. 34/2017-State Tax MAHARASHTRA GOODS AND SERVICES TAX ACT, 2017. No. JC(HQ)-1/GST/2017/Noti/18/ADM-8.-In exercise of the powers conferred by sub-rule (5) of the rule 61 of the Maharashtra Goods and Services Tax Rules, 2017 read with Notification No.JC(HQ)-1/GST/2017/Noti/18/ADM-8, dated the 8th August 2017 published in the Maharashtra Government Gazette, Extraordinary, Part-II No. 66, dated the 11th August 2017, the Commissioner of State Tax, Maharashtra State, on the recommendations of the Council, hereby specifies that the return for the month as s

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GST – States – 02/2017 – Dated:- 18-8-2017 – COMMISSIONER OF STATE TAX, MAHARASHTRA STATE GST Bhavan, Mazgaon, Mumbai-400010, dated the 18th August 2017. ORDER (02/2017) No. JC(HQ)-1/GST/2017/Order/19/ADM-8 Subject: Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117 of the Maharashtra Goods and Service Rules, 2017 No. JC(HQ)-1/GST/2017/Noti/18/ADM-8.- In exercise of the powers conferred by rule 117 of the Maharashtra Goods and Services Tax Rules, 2017 read

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GST – States – 03/2017 – Dated:- 18-8-2017 – COMMISSIONER OF STATE TAX, MAHARASHTRA STATE GST Bhavan, Mazgaon, Mumbai-400010, dated the 18th August 2017. Order No. (03/2017) No. JC(HQ)-1/GST/2017/Order/19/ADM-8 Subject: Extension of time Limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Maharashtra Goods and Service Tax Rules, 2017 No. JC(HQ)-1/GST/2017/Order/19/ADM-8.- In exercise of the powers conferred by rule 120A of the Maharashtra Goods and Services Tax Rules,

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GST – States – Tax/4(53)/GST-NOTN/2016/02 – Dated:- 18-8-2017 – GOVERNMENT OF MANIPUR DEPARTMENT OF TAXES NOTIFICATION Imphal, the 18th August, 2017 No. Tax/4(53)/GST-NOTN/2016/2 :- In exercise of the powers conferred by section 168 of the Manipur Goods and Services Tax Act, 2017 (3 of 2017) (hereafter in this notification referred to as the said Act ) read with sub-rule (5) of rule 61 of the Manipur Goods and Services Tax Rules, 2017 (hereafter in this notification referred to us the said Rules ) and notification dated 11th August, 2017, the Commissioner, on the recommendations of the Council, hereby specifies the conditions in column (4) of the Table below, for furnishing the return in FORM GSTR-3B electronically through the common porta

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on or before the 28th August, 2017 28th August, 2017 (i) compute the tax payable under the said Act for the month of July, 2017 and deposit the same in cash as per the provisions of rule 87 of the said Rules on or before the 20th August, 2017; (ii) file FORM GST TRAN-1 under sub-rule (1) of rule 117 of the said Rules before the filing of GSTR-3B; (iii) where the amount of tax payable under the said Act the month of July, 2017, as detailed in the return furnished In FORM GSTR-3B, exceeds the amount of tax deposited in cash as per item (i), the registered person shall pay such excess amount in cash in accordance with the provisions of rule 87 or the said Rules on or before the 28th August, 2017 along with the applicable interest calculated fr

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GST – States – SRO-GST-1 (Rate) – Dated:- 18-8-2017 – Government of Jammu and Kashmir Finance Department Notification Srinagar, the 18th of August, 2017 SRO-GST-1 (Rate).- In exercise of the powers conferred by sub-section (1) of section 9 of the Jammu and Kashmir Goods and Services Tax Act, 2017, the Government, on the recommendations of the Council, hereby makes the following amendment in Notification SRO-GST 1 dated the 8th July, 2017, namely:- In the said notification, in Schedule III – 9%, after serial number 452 and the entries relating thereto, the following serial number and entries shall be inserted, namely:- (1) (2) (3) "452A 4011 70 00 Tyre for tractors 452B 4013 90 49 Tube for tractor t res 452C 8408 20 20 Agricultural Die

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Goods and Services Tax – Started By: – CA.ANCHAL RASTOGI – Dated:- 17-8-2017 Last Replied Date:- 24-8-2017 – A CONTRACTOR GETS A ORDER FROM A OFFICE FOR ELECTRIC WIRING FIXING OF LIGHT AND FAN. IN ORDER IT IS SPECIFICALLY MENTIONED THAT WHICH MAKE AND MODEL OF ITEMS WILL BE USED BY THE CONTRACTOR. IN WORK ORDER, TOTAL CONSIDERATION IS FIXED FOR A SINGLE AMOUNT FOR SUPPLY OF BOTH GOODS AND SERVICES.WHETHER IT IS QUALIFIED AS COMPOSITE / MIXED SUPPLY. WHETHER IT MAY BE TAXED @ 18% ASSUMING SUPPLY OF SERVICE AS PRINCIPAL SUPPLY. – Reply By KASTURI SETHI – The Reply = It is Composite supply. – Reply By Rajagopalan Ranganathan – The Reply = Sir, Section 2 (30) of CGST Act, 2017 defines composite supply as a supply made by a taxable person to a

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f a package consisting of canned foods, sweets, chocolates, cakes, dry fruits, aerated drinks and fruit juices when supplied for a single price is a mixed supply. Each of these items can be supplied separately and is not dependent on any other. It shall not be a mixed supply if these items are supplied separately. You have stated that TOTAL CONSIDERATION IS FIXED FOR A SINGLE AMOUNT FOR SUPPLY OF BOTH GOODS AND SERVICES. Therefore supply made by you can be treated as mixed supply. Section 8 of the same Act stipulates that a composite supply comprising two or more supplies, one of which is a principal supply, shall be treated as a supply of such principal supply; and (b) a mixed supply comprising two or more supplies shall be treated as a su

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Goods and Services Tax – Started By: – RAMAKRISHNA M – Dated:- 17-8-2017 Last Replied Date:- 18-8-2017 – Hi,With GST implementation, whether IGST is applicable for materials importing by a CUSTOMS PRIVATE BONDED WAREHOUSE This is business aspect and the above imported material will be supplied to SEZ & 100% EOU from customs Private Bonded Warehouse. – Reply By Kishan Barai – The Reply = Based on your inquiry posted, no IGST would be levied when kept of Custom Bonded Warehouse but products supplied to SEZ & EOU must be exported. If they are sold in domestic area against ARO then benefit of duty saved could not be obtained. – Reply By RAMAKRISHNA M – The Reply = Dear Kishan, thanks for revert. I agree with you that any supplies to SE

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Goods and Services Tax – Started By: – Sanjeev Sharma – Dated:- 17-8-2017 Last Replied Date:- 18-8-2017 – As per Section 2(6) of IGST Act, Export of services means the supply of any service when,- (i) the supplier of service is located in India; (ii) the recipient of service is located outside India; (iii) the place of supply of service is outside India; (iv) the payment for such service has been received by the supplier of service in convertible foreign exchange; and (v) the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with Explanation 1 in section 8; In view of above if services provided to overseas branch would not be eligible as export of services due to specific excl

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Goods and Services Tax – Started By: – Janesh Singh – Dated:- 17-8-2017 Last Replied Date:- 18-8-2017 – We are a Recruitment Firm, having a client in SEZ, Pune. We placed an employee who is working in Pune office of that client. Client is demanding Bond/LUT to release the payment. We cant furnish LUT as not an exporter and turnover under 30Lacs. How to furnish a bond and value. Moreover is there any other way as we are not willing to work with SEZ unit because of this issue. Kindly help. Thanks! – Reply By KASTURI SETHI – The Reply = How have you supplied manpower without contract ? Contract between both is required. Non-issue of bond or LUT goes against you. – Reply By Kishan Barai – The Reply = Bond & LUT has to be furnished by the e

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Goods and Services Tax – Started By: – Rahul Walgude – Dated:- 17-8-2017 Last Replied Date:- 18-8-2017 – Dear Sir / MadamWe are doing construction work ( Labour + Material ) for a private owner for his private bungalow work. Did we are comes under GST (18%). Also as a owner is salaried person, no GST no is taken by him, so did he comes under unregistered category ?Thanks in AdvanceRahul – Reply By RAMESH PRAJAPATI – The Reply = You should take registration pay GST if you are a supplier and serv

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Goods and Services Tax – GST – Dated:- 17-8-2017 – The tweets received by askGST_GoI handle were scrutinized and developed into a short FAQ. It should be noted that the tweets received or the replies quoted are only for educational and guidance purposes and do not hold any legal validity. S. No. Questions / Tweets Received Replies 1. I have applied for registration and have not received ARN? What shall I do? Please complete your application procedure, ARN will be generated. 2. I have not receiv

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Goods and Services Tax – Started By: – SURYAKANT MITHBAVKAR – Dated:- 17-8-2017 Last Replied Date:- 18-8-2017 – We have to transfer some material to our other branch in same state having under one GST number.What type of document to be prepared to clear material to our other unit without payment of GST. – Reply By HimansuSekhar Sha – The Reply = Delivery challan – Reply By Kishan Barai – The Reply = Delivery Challan or E way bill – Reply By RAMESH PRAJAPATI – The Reply = Delivery challan (Rule

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Goods and Services Tax – GST – Dated:- 17-8-2017 – S. No. Question Answer 1. What is the HS code and GST rate for lac or shellac bangles? 1. Lac or shellac bangles are classifiable under heading 7117 and attract 3% GST. 2. What is the HS code and GST rate for kulfi? 1. Kulfi is classifiable under heading 2105 and attracts 18% GST. 3. What is the HS code for Solar Panel Mounting Structure and its GST rate? Structures of iron or steel fall under heading 7308 and structures of aluminium fall under heading 7610 and attract 18% GST. Solar Panel Mounting Structure, depending on the metal they are made of, will fall under 7308 or 7610 and attract 18% GST. 4. What is the HS code for Idli Dosa Batter (Wet Flour) and its GST rate? 1. Idli Dosa Batter (Wet Flour) [as food mixes] falls under heading 2106 and attracts 18% GST. 5. What is the HS code for Maize Seeds and its GST rate? 1. Maize [of seed quality] fall under heading 1005 and attract Nil GST. 6. What is the HS code for Saree and dhoti a

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eading 3402 attract 28% GST. 9. What is the GST rate on Rakhi ? Puja samagri, including kalava (raksha sutra) attracts Nil GST. Rakhi, which is in form of kalava [raksha sutra] will thus attract Nil GST. Any other rakhi would be classified as per its constituent materials and attract GST accordingly. 10. What is the GST rate on Nail Polish? 1. Nail Polish [whether in large quantities say 50 to 100 litres or in retail packs] falls under heading 3304 and attracts 28% of GST. 11. What is the GST rate and HSN code of Wet Dates? 1. Wet dates fall under heading 0804 and attract 12% GST. 12. What is the HS code and GST rate for Pet Food? 1. Dog or cat foods fall under heading 2309 and attracts 18% GST under the residual entry S. No. 453. 13. What is the classification and GST rate for sale of Export Incentives Licences like MEIS, SEIS and IEIS? 1. MEIS etc. fall under heading 4907 and attract 12% GST. 14. What is the HSN Code and GST rate for a Fabric 1.2 MT cut for pant and 2.5 MT cut for a

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T Compensation Cess rate on imported Coal? 1. Imported coal will attract GST compensation cess @ ₹ 400 per tonne. 20. What is the HSN code and GST rates for Battery for mobile handsets? 1. Battery for mobile handsets falls under heading 8506 and attracts 28% GST. 21. What is the HS code and GST rate for tamarind? Tamarind [fresh] falls under 0810 and attract Nil GST. Tamarind [dry] falls under 0813 and attract 12% GST. 22. What is the HS code and GST rate for tamarind kernel? 1. Tamarind kernel falls under heading 1207 and attracts Nil GST. 23. What is the HS code and GST rate for tamarind kernel powder? 1. Tamarind kernel powder falls under heading 1302, and attracts 18% GST. 24. What is the GST rate on Hair Rubber Bands? 1. Hair rubber bands fall under heading 4016 and attract 28% GST. 25. What is HS code and GST rate for Khari and hard Butters? 1. Khari and hard butters fall under heading 1905 and attract 18% GST. 26. What is the GST rate and HSN code of Khoya/Mawa? 1. Khoya /

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and the GST rate for Isabgol husk? 1. Isabgol husk falls under 1211 and attracts 5% GST. 31. What is HS code and GST rate of copra and dried coconut? 1. Coconuts, fresh or dried, whether or not shelled or peeled fall under heading 0801 and attract Nil GST. As per the HSN Explanatory Notes, the heading excludes copra, the dried flesh of coconut used for the expression of coconut oil (1203). 2. Copra falls under heading 1203 and attracts 5% GST. 32. Footwear having a retail sale price not exceeding ₹ 500 per pair [provided that such retail sale price is indelibly marked or embossed on the footwear itself] attracts 5% GST. Does the retail sale price referred to above include the GST? 1. As per the Legal Metrology (Packaged Commodities) Rules, 2011, retail sale price [RSP] means the maximum price at which the commodity in packaged form may be sold to the consumer and is inclusive of all taxes. 2. Thus, retail sale price declared on the package is inclusive of GST. 3. GST for footwea

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Goods and Services Tax – GST – Dated:- 17-8-2017 – Q 1. How will GST benefit the Trading Community? Ans. Under GST, a trader would be entitled to avail input tax credit paid on their domestic procurements of goods and services unlike the present indirect tax regime. Presently, a significant portion of indirect taxes namely Central Excise and Service Tax form part of the cost component for a trader. This will not be the case under GST. He will now be able to take credit of all taxes paid by him. In respect of imports, the landed cost is expected to reduce significantly under GST. Hence, the traders will gain significantly in terms of input tax credit on their operating expenses thereby decreasing their operating costs. CST which was non-creditable has been subsumed in GST. This will be a huge benefit for the traders. Entry tax has also been subsumed in GST. Removal of CST and entry tax shall immensely benefit the traders. Traders will be able to sell their goods to farthest areas. Q 2.

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made. The provisions are as follows: i) intra-State supplies to consumers (B2C supplies) – tax-rate wise summary; ii) inter-State supplies to consumers (B2C supplies) of value up to ₹ 2.5 lakhs – State-wise and tax-rate wise summary; iii) inter-State supplies to consumers (B2C supplies) of value above ₹ 2.5 lakhs – specified invoice wise details; iv) supplies to resellers (B2B) – specified invoice wise details. Q 5. Under GST, will traders be required to declare their IEC at the time of imports and exports? Ans. For the time being both GSTIN and IEC have to be declared. But over a period of time, traders need to declare only their GSTIN instead of IEC at the time of imports and exports. Q 6. Can traders get the credit of IGST paid at the time of imports for discharging their domestic liabilities under GST? If yes, how? Ans. Yes. Under GST, traders will be on par with manufacturers. IGST paid at the time of import will be available as credit which can be used for payment of

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states, the limit of turnover is ₹ 50 Lakhs in the preceding financial year:- a) Arunachal Pradesh b) Assam c) Manipur d) Meghalaya e) Mizoram f) Nagaland g) Sikkim h) Tripura and i) Himachal Pradesh Q 9. What is the rate of tax under Composition levy? Ans. The rate for traders shall be 1% (0.5% CGST plus 0.5% SGST) of the turnover in the state. Q 10. Who are the persons(traders) not eligible for composition scheme? Ans. Following persons will not be allowed to opt for composition scheme: a) supplier of services (except restaurants) b) a person engaged in making any supply of goods which are not leviable to tax under this Act; c) a person engaged in making any inter-State outward supplies of goods; d) a supplier making any supply of goods through an electronic commerce operator who is required to collect tax at source under section 52; and Thus from traders point of view, he should be selling the goods with in a state. In case he supplies to other states, he shall not be eligibl

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year i.e. till 31st March? Ans. No. The option availed shall lapse from the day on which his aggregate turnover during the financial year exceeds ₹ 75 Lakhs/50 Lakhs. Once he crosses the threshold, he shall file an intimation for withdrawal from the scheme in FORM GST CMP-04 within seven days of the occurrence of such event. Every person who has furnished such an intimation, may electronically furnish at the common portal, a statement in FORM GST ITC-01 containing details of the stock of inputs and inputs contained in semi-finished or finished goods held in stock as well as the capital goods held by him on the date on which the option is withdrawn, within a period of thirty days from the date from which the option is withdrawn. Q 13. How will aggregate turnover be computed for the purpose of composition? Ans. It will be computed on the basis of turnover on all India basis. Aggregate turnover means the aggregate value of all taxable supplies (excluding the value of inward supplies

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nnot charge tax from the recipient. Therefore the person purchasing from him cannot take any credit. Q 16. Are monthly returns required to be filed by the person opting to pay tax under the composition scheme? Ans. No. Such persons need to file a simplified quarterly returns in Form GSTR-4. The GSTR-4 needs to be filed electronically on the GSTN common portal by the 18th day of the month succeeding the quarter relating to the supplies. Q 17. What is the basic information that need to be furnished in Form GSTR 4? Ans. It should contain details of turnover in the State or Union territory, inward supplies of goods or services or both, tax payable on reverse charge basis in case of purchases made from unregistered persons and tax payable. Q 18. A person opting to pay tax under the composition scheme receives inputs/input services from an unregistered person. Will the composition dealer have to pay GST under reverse charge? If yes, in what manner? Ans. Yes. Tax will have to be paid on suppl

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ed as an intimation. Q 20. In case a person has registration in multiple states? Can he opt for payment of tax under composition levy only in one state and not in other state? Ans. No. Any intimation under sub-rule (1) or sub-rule (3) of Rule 3 of the CGST Rules, 2017 in respect of any place of business in any State or Union territory shall be deemed to be an intimation in respect of all other places of business registered on the same Permanent Account Number. Q 21. What is the effective date of composition levy? Ans. There can be three situations which are as follows: Situation Effective date of composition levy Persons who have been granted provisional registration and who opt for composition levy (Intimation is filed under Rule 3(1) in Form GST CMP-01) The appointed date i.e. 22nd June, 2017 Persons opting for composition levy at the time of making application for new registration in the same registration application itself (The intimation under Rule 3(2) in FORM GST REG-01 itself)

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ot been purchased from an unregistered supplier and where purchased, he pays the tax under reverse charge mechanism; (d) he shall pay tax under reverse charge mechanism where he purchases goods or services from an unregistered person; (e) he was not engaged in the manufacture of notified goods namely icecream and other edible ice, pan masala and tobacco and manufactured tobacco products; (f) he shall mention the words composition taxable person, not eligible to collect tax on supplies at the top of the bill of supply issued by him; and (g) he shall mention the words composition taxable person on every notice or signboard displayed at a prominent place at his principal place of business and at every additional place or places of business. Q 23. What is the validity of composition levy? Ans. The option exercised by a registered person to pay tax under composition scheme shall remain valid so long as he satisfies all the conditions mentioned in section 10 of CGST Act, 2017 read with Chape

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ers? Ans. A manufacturer may have cleared some goods to a dealer prior to the GST, and in case a dealer who was not registered under the Central Excise Act, however is registered under CGST Act, 2017. A special provision has been made in the CENVAT Credit Rules, 2004 to take care of such cases. In such a situation, the manufacturer may issue a credit transfer document to the dealer subject to the following conditions: (a) The value of such goods is higher than rupees twenty-five thousand per piece, bears the brand name of the manufacturer or the principal manufacturer and are identifiable as a distinct number such as chassis / engine no. of a car. (b) Verifiable records of clearance and duty payment relatable to each piece of such goods is maintained by the manufacturer and are made available for verification on demand by a Central Excise officer. (c) The Credit Transfer Document shall be serially numbered and shall contain the Central Excise registration number, address of the concern

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e. (h) A dealer availing credit using Credit Transfer Document on manufactured goods shall not be eligible to avail credit under provision of rule 117 (4) of the CGST Rules, 2017 on identical goods manufactured by the same manufacturer available in the stock of the dealer. (i) The dealer availing credit on the basis of Credit Transfer Document shall, at the time of making supply of such goods, mention the corresponding Credit Transfer Document number in the invoice issued by him under section 31 of the CGST Act, 2017. Q 26. Traders are presently not entitled to take cenvat credit. They will be having duty paid stock as on 1st July, 2017. However, it is possible that the traders may not have duty paid documents in respect of such stock. Is there any scheme under GST, where such traders will be able to get credit of such taxes under GST? Ans. Yes. If duty paid invoices are available with them, then full credit of ITC on existing stock can be carried over to GST (refer answer to Q 24 abov

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12%) In case of inter-State supplies, 30% or 20% of integrated tax paid will be allowed. Q 27. Will the compliance process under GST be complicated for traders under GST? What measures have been put in place to ease burden of compliance on small traders? Ans. No. The compliance process will be automated and easy for traders. The following steps have been taken by the Government in this regard. a) Small traders with a turnover below ₹ 20 Lakhs need not register under GST. b) An easy to understand and comply composition scheme for traders having turnover upto ₹ 75 lakhs where tax can be paid quarterly as a percentage of turnover. c) GST seva kendras have been opened in all Commisssionerates (upto range office) under CBEC to help small traders under the GST law and process. d) For uploading of invoice details, GST Network will be providing easy to use application free of cost which will enable hassle free uploading of invoices by traders. e) The returns and payment of tax pro

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ont without any verification. The amount of refund will be directly credited to beneficiary s bank account. Q 28. Stock transfers have been made taxable in GST. Will it impact adversely? Ans. The objective of taxing the stock transfers is just to ensure that the ITC moves along with the supply of goods to the place where a supply is finally consumed. This is to ensure that the taxes accrue to the State where a supply is consumed. If the stock transfers are not taxed, the ITC would not flow to other State along with the supply and trader will not be able to utilise the credit in another State. Therefore, taxing of stock transfers in in the interest of traders and is perfectly revenue neutral for the trader. Q 29. How will the stock transfers be valued? Ans. In case the recipient is eligible for full input tax credit, then the value declared by a trader in the invoice shall be taken as the open market value and shall be accepted for assessment purpose. The traders shall himself assess th

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Goods and Services Tax – Started By: – tanmay hada – Dated:- 17-8-2017 Last Replied Date:- 20-10-2017 – dear sir, we are company based in merchant trading and importing, but our point of querry is ONLY MERCHANT TRADING . We buy from an overseas country and export directly to third country sitting here in India.can you please advice the implication of gst on income generated from such trade.thankstanmay – Reply By Kishan Barai – The Reply = One can do such kind of transaction by switching B/L, no GST would be applicable on such transaction as a bill of entry would not be filed – Reply By saraswathi P – The Reply = Dear Sir, I have same query for the above issues, whether we need to file returns in GSTR 1 for Merchant Trading and importing.

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Goods and Services Tax – C.B.E. & C. Advisory on Customs related matters on introduction of Goods and Services Tax regime – TMI Updates – Highlights

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Customs – Exemption / Concessional rate of customs duty / IGST in respect of temporary import of goods (on lease) to be re-exported subject to specified condition – Only specified goods to be used in

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Goods and Services Tax – Started By: – N Balachandran – Dated:- 17-8-2017 Last Replied Date:- 17-8-2017 – Sir,Can u please confirm whether the GST charged by IRCTC for Train ticket is eligible for Input credit . Is there any restriction to avail the credit of GST paid on purchasing the Train tickets?RegardsN.Balachandran – Reply By Vamsi Krishna – The Reply = There is an option given while booking ticket in IRCTC , you can update GST details.If you are booked tickets jn the name of your company

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Goods and Services Tax – Started By: – nandankumar roy – Dated:- 17-8-2017 Last Replied Date:- 17-8-2017 – PL CLARIFY IN SHORT REGARDING 3B GSTR RETURN EARLIER SHOWN AT POINT 3 (D) FIGURE REVERSE CHARGE OF GTA AND URD PUR GST AMT CAN BE TAKEN AS ELIGIBLE ITC AT POINT 4(3) IN CASE OF MFG UNIT AND GST WHETHER IT WILL BE ONLY ON CGST AND SGST OR CAN BE BE SHOWN IN IGST. REGARDS, N K ROY – Reply By Vamsi Krishna – The Reply = RCM can be availed for both Intra & Inter state supplies. Liability of GST payable under reverse charge must be calculated as under: Identify the purchases made from unregistered persons to determine the reverse charge liability a) Segregating the above purchases into inter-state and intra state supplies; b) Remove th

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rate of tax and compute GST payable on purchases from unregistered persons; k) Identify supplies notified to be taxable under reverse charge. For ex: advocates, GTA, sponsorships; l) Identifying the classification code for such supplies; m) Apply the appropriate rate of tax and compute GST payable on notified supplies under reverse charge; n) In case of e-commerce operator the above calculation needs to be done for shifting of charge also. o) Raise a consolidated monthly invoice mentioning all the taxable supplies subject to reverse charge as per the mandatory requirement of a tax invoice. Once the above calculation is performed, total taxable value and tax on inward supplies liable under reverse charge must be disclosed in Form GSTR 3B. –

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Goods and Services Tax – Started By: – nandankumar roy – Dated:- 17-8-2017 Last Replied Date:- 18-8-2017 – DEAR SIR, PLEASE CLARITY IN RETURN 3BGSTR OF MEDICINE MGF CO REGARDING POSTING OF 3(D) SECTION IMPORT OF SERVICE WHERE HAVE TO POST 5% ON TOTAL FIGURE OF GTA BILL U/S 9(3) AT PLACE IMPORT OF SERVICE AND UNREGISTERED PURCHASE EXPENCE- % OF TOTAL FIGURE AS PER U/S9(4) ON EXMPLE RS 1000 AGST GTA AND RS 1000 AGST URD PURCHASED I,E, TOTAL RS 2000 TO BE POSTED AS A GST ONLY ON CGST AND SGST PORT

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 17-8-2017 – While there is a broad consensus that the global focus of economic growth is now tilting towards Asia, India is emerging as a developed nation backed by large and growing middle class and service sector. The Indian economy is on the cusp of performance and delivering growth at faster pace which is largely driven by economic reforms, infrastructure development, demographic dividends and consumption led demand. Given its socio economic profile, large scale investments backed by foreign investments has also helped. India is also one of the globally preferred destination of global investors. All this is now happening in India @70. @ 70, we have come a long way. India can be said to be no longer a fledgling economy which it was at independence in 1947. It is now the seventh largest, and among the most attractive markets for investors. With the world's second-largest population, it holds much promise for globa

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marathon undertaken, first by the erstwhile Empowered Committee which dealt with VAT and later by GST Council, a constitutional body set up under the constitution to deal with GST related matters. As India celebrates its 71st year of independence from British raj, the country also celebrates the independence from even older tax laws. Goods and Services Tax (GST) which turns just 45 days, has freed us from old tax laws including the one in existence even prior to country's independence, viz, Central Excise Act of 1944. It is indeed remarkable that India could migrate to GST regime to allow country men get rid of sixteen odd indirect taxes which were levied by the centre and the states but the present form of GST is neither desirable nor practical- thanks to the political system we have. The form of GST could have been better. There being a hope for its improvement, it is hoped that legislatures will have wisdom enough to refine the GST law to be one of the best in the world- we may

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nes (software and hardware). We are all independent professionals and command freedom to create a better tomorrow for self, others and country. GST is just one small segment of our lives. While GST will evolve, we will have to be a part of revolution- to adjust to the new system, to educate clients, to be able to perform and excel and to show the government the way to reiterate right Eco system for all of us. We are fortunate to be a part of this migration and should be proud to be so. We had 70 years of freedom so far, now let's have another few decades of GST, but of course, an improved one over the present form. We should also have freedom from unwanted or avoidable compliances, freedom from poorly drafted laws, freedom from confusing interpretation, freedom from corruption, freedom from inefficient tax administrators and unskilled officers. Responsibility is something which ought to be on both sides. Hope that this would happen but the moot question is when and how fast it can.

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Goods and Services Tax – GST – By: – CASanjay Kumawat – Dated:- 17-8-2017 Last Replied Date:- 19-8-2017 – The purpose of this article is to create awareness about the most interesting concept under GST. This article deals with the concept of zero rated supply, i.e., exports of goods and/ or services and supply to SEZ. Zero rated supply [Section 16(1) of the IGST Act, 2017] As per section 2 (23) of the IGST Act, 2017, zero-rated supply shall have the meaning assigned to it in section 16 of the IGST Act, 2017. As per section 16 of the IGST Act, 2017, zero rated supply means any of the following supplies of goods or services or both, namely: (i) export of goods or services or both; or (ii) supply of goods or services or both to a Special Economic Zone developer or a Special Economic Zone unit. Accordingly, if a person who is engaged in export of goods and/or services or supplies of goods and/or services to a SEZ unit or SEZ developers, then it is to be considered that such person is maki

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he IGST Act, 2017, Special Economic Zone developer shall have the same meaning as assigned to it in clause (g) of section 2 of the Special Economic Zones Act, 2005 and includes an Authority as defined in clause (d) and a Co-Developer as defined in clause (f ) of section 2 of the said Act. Input tax credit of inputs/inputs services/capital goods [Section 16(2) of the IGST Act, 2017] Section 16(2) of the IGST Act, 2017, subject to the provisions of section 17(5) of the CGST Act, credit of input tax may be availed for making zero-rated supplies, notwithstanding that such supply may be an exempt supply. A registered supplier of zero rated supplies can avail the credit of the inputs/input services/capital goods used for making zero rated supply. Availment of the credit of input tax would be subject to restrictions as specified in section 17(5) of the CGST Act, 2017, i.e., motor cab, construction/WCT services, etc. Where supply is an exempted zero rated supply, then in that case also credit

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dertaking/Bond An exporter is required to take the letter of undertaking/Bond for export of goods and/or services without payment IGST. It will reduce the working capital requirement of the exporter. Procedure to obtain letter of undertaking/Bond and to claim the refund of unutilized input tax credit are as follows: Procedure to obtain letter of undertaking/Bond The CBEC (GST Policy Wing) vide Circular No. 4/4/2017-GST dated 07.07.2017, has clarified as under: (i) As per rule 96A of the CGST Rules, 2017, any registered person exporting goods or services without payment of integrated tax is required to furnish a bond or a Letter of Undertaking (LUT) in FORM GST RFD-11. (ii) As per Notification No. 16/2017-Central Tax dated 01.07.2017 vide which the category of exporters who are eligible to export under LUT has been specified along with the conditions and safeguards. The following registered person shall be eligible for submission of Letter of Undertaking in place of a bond: a status hol

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d consignment wise bond would be a significant compliance burden on the exporters. It is directed that the exporters shall furnish a running bond, in case he is required to furnish a bond, in FORM GST RFD -11. The bond would cover the amount of tax involved in the export based on estimated tax liability as assessed by the exporter himself. The exporter shall ensure that the outstanding tax liability on exports is within the bond amount. In case the bond amount is insufficient to cover the tax liability in yet to be completed exports, the exporter shall furnish a fresh bond to cover such liability. (v) FORM RFD -11 under rule 96A of the CGST Rules requires furnishing a bank guarantee with bond. Field formations have requested for clarity on the amount of bank guarantee as a security for the bond. In this regard it is directed that the jurisdictional Commissioner may decide about the amount of bank guarantee depending upon the track record of the exporter. If Commissioner is satisfied wi

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l cases be accepted by Central tax officer till such time the said administrative mechanism is implemented. Central Tax officers are directed to take every step to facilitate the exporters. Following documents are required to obtain LUT/Bond: (i) Duly Signed RFD-11 along with application to proper officer. (ii) Bond on stamp paper of ₹ 500/- and Letter of Undertaking on Plain Paper. (iii) Copy of Provisional Certificate of Registration in Form GST REG-25. (iv) Copy of PAN Card. (v) Copy of IEC. (vi) C.A. certificate of last year export figures 2016-17. (vii) Certificate from bank for realization of foreign inward remittances. (viii) Status holder certificate (if any) one/two/three/four/five star. (ix) ID proof of witness. (x) Authorization letter of the authorized person on behalf of exporter. Treatment of unutilized input tax credit Section 54(3) of the CGST Act, 2017, provides that- Subject to the provisions of sub-section (10), a registered person may claim refund of any unuti

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ax credit used for making zero rated supplies made without payment of GST. It may be noted that as per section 54(8)(b) of the CGST Act, 2017, the refundable amount shall be paid to the applicant, if such amount is relatable to refund of unutilized input tax credit under section 54(3) instead of being credited to the Fund. The exporter claiming refund of IGST will file an application electronically through the Common Portal, either directly or through a Facilitation Centre notified by the GST Commissioner. The application shall be accompanied by documentary evidences as prescribed in the said rules. Application for refund shall be filed only after the export manifest or an export report, as the case may be, is delivered under section 41 of the Customs Act, 1962 in respect of such goods. (b) Pay IGST and claim refund A registered supplier may supply goods or services or both on payment of IGST and claim refund of such tax paid on goods or services or both supplied, in accordance with th

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CGST Act, 2017, the refundable amount shall be paid to the applicant, if such amount is relatable to refund of tax paid on zero-rated supplies of goods or services or both or on inputs or input services used in making such zero-rated supplies instead of being credited to the Fund. Refund of tax paid for inputs or input services used in making supplies is available but credit of refund in respect to capital goods used may not available. For both option (a) and (b) exporters have to provide details of GST invoice in the Shipping bill. ARE-1 which is being submitted presently shall be dispensed with except in respect of commodities to which provisions of Central Excise Act would continue to be applicable. Exemption to SEZ units or SEZ Developers for inward supplies To provide the relief from GST, the Central Government has exempted goods imported by units or developers of SEZ from IGST vide two Notifications issued under GST law and Custom law. Under GST law – For Services The Central Go

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Goods and Services Tax – Started By: – ajay gaur – Dated:- 17-8-2017 Last Replied Date:- 17-8-2017 – ITC nahi milega vehicle repair me Jo parts ka bill because I willnt use vehicle for further business but labour charges WO service hai ek Job work hai moveable item pe to uska itc milega ya nahi 🙂 – Reply By ajay gaur – The Reply = Means part pe nahi milega janta hu I asked about service charge itc if u will say no then please tell me reason why – Reply By HimansuSekhar Sha – The Reply = Can yo

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GST – 22/2017 – Dated:- 17-8-2017 – Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs Notification No. 22/2017 – Central Tax New Delhi, the 17th August, 2017 G.S.R. 1023 E.- In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namely:- (1) These rules may be called the Central Goods and Services Tax (Fifth Amendment) Rules, 2017. (2) Save as otherwise provided, they shall come into force on the date of their publication in the Official Gazette. 2. In the Central Goods and Services Tax Rules, 2017, (i) in rule 3, in sub-rule (4), for the words sixty days , the words ninety days shall be substituted; (ii) in rule 17, with effect from the 22nd June, 2017, in sub-rule (2), after the words, said form , the words or after receiving a recommendation from the Ministry

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in the electronic credit ledger taken in terms of the provisions of section 140 relating to the CENVAT Credit carried forward which had accrued on account of payment of the additional duty of customs levied under sub-section (1) of section 3 of the Customs Tariff Act, 1975 (51 of 1975), paid at the time of importation of gold dore bar, on the stock of gold dore bar held on the 1st day of July, 2017 or contained in gold or gold jewellery held in stock on the 1st day of July, 2017 made out of such imported gold dore bar, shall be restricted to one-sixth of such credit and five-sixth of such credit shall be debited from the electronic credit ledger at the time of supply of such gold dore bar or the gold or the gold jewellery made therefrom and where such supply has already been made, such debit shall be within one week from the date of commencement of these Rules. ; (v) in rule 61, with effect from the 1st day of July, 2017, in sub-rule (5), for the words specify that , the words specify

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and Services Tax Act, 2017 (13 of 2017) may also make the deposit under sub-rule (2) through international money transfer through Society for Worldwide Interbank Financial Telecommunication payment network, from the date to be notified by the Board. ; (vii) for rule 103, with effect from the 1st day of July, 2017, the following rule shall be substituted, namely:- 103. The Government shall appoint officers not below the rank of Joint Commissioner as member of the Authority for Advance Ruling. ; (viii) in FORM GST REG-01 under the heading Instructions for submission of Application for Registration‟, after Serial No. 15, the following Serial No. shall be inserted, namely:- 16. Government departments applying for registration as suppliers may not furnish Bank Account details. ; (ix) With effect from the 22nd June, 2017, for FORM GST REG-13 , the following FORM shall be substituted, namely:- FORM GST REG-13 [See Rule 17] Application/Form for grant of Unique Identity Number (UIN) to UN

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etails of Authorized Signatory, if applicable Particulars First Name Middle Name Last name Name Photo Name of Father Date of Birth DD/MM/YYYY Gender Male, Female, Other Mobile Number Email address Telephone No. Designation /Status Director Identification Number (if any) PAN (Not applicable for entities specified in clause (a) of sub-section (9) of section 25 of the Act) Aadhaar Number (Not applicable for entities specified in clause (a) of sub-section (9) of section 25 of the Act) Are you a citizen of India? Yes / No Passport No. (in case of foreigners) Residential Address Building No/Flat No Floor No Name of the Premises/Building Road/Street Town/City/Village District Block/Taluka State PIN Code 8. Bank Account Details (add more if required) Account Number Type of Account IFSC Bank Name Branch Address 9. Documents Uploaded The authorized person who is in possession of the documentary evidence shall upload the scanned copy of such documents including the copy of

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be filed through Common Portal or registration can be granted suo-moto by proper officer. The application filed on the Common Portal is required to be signed electronically or through any other mode as specified by the Government. The details of the person authorized by the concerned entity to sign the refund application or otherwise, should be filled up against the Authorised Signatory details in the application. PAN / Aadhaar will not be applicable for entities specified in clause (a) of sub-section (9) of section 25 of the Act. ; (x) With effect from the 1st day of July, 2017, in FORM GST TRAN-1 in Serial No. 7,- (i) in item (a), for the word, figures and brackets and 140 (6) , the figures, brackets and word , 140 (6) and 140 (7) shall be substituted; (ii) in item (b), – (a) after the word, figures and brackets, section 140 (5) , the words, figures and brackets and section 140(7) shall be inserted; (b) for column heading 1, the column heading registration number of the supplier or

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GST – 23/2017 – Dated:- 17-8-2017 – Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs Notification No. 23/2017 – Central Tax New Delhi, the 17th August, 2017 G.S.R. 1024 (E)- In exercise of the powers conferred by section 168 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as the said Act ) read with sub-rule (5) of rule 61 of the Central Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as the said Rules ) and notification No. 21/2017-Central Tax dated 08th August, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide G.S.R. number 997 (E), dated the 08th August, 20

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28th August, 2017 1[25th August, 2017] … 2. Registered persons entitled to avail input tax credit in terms of section 140 of the said Act read with rule 117 of the said Rules and opting to file FORM GST TRAN-1 on or before the 28th August, 2017 28th August, 2017 (i) compute the tax payable under the said Act for the month of July, 2017 and deposit the same in cash as per the provisions of rule 87 of the said Rules on or before the 2[25th August, 2017]; (ii) file FORM GST TRAN-1 under sub-rule (1) of rule 117 of the said Rules before the filing of FORM GSTR-3B; (iii) where the amount of tax payable under the said Act for the month of July, 2017, as detailed in the return furnished in FORM GSTR-3B, exceeds the amount of tax deposited i

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Explanation.- For the purposes of this notification, the expression- (i) Registered person means the person required to file return under sub-section (1) of section 39 of the said Act; (ii) tax payable under the said Act means the difference between the tax payable for the month of July, 2017 as detailed in the return furnished in FORM GSTR-3B and the amount of input tax credit entitled to for the month of July, 2017 under Chapter V and section 140 of the said Act read with the rules made thereunder. 3. This notification shall come into force with effect from the date of publication in the Official Gazette. [F. No. 349/74/2017-GST(Pt.)] (Dr. Sreeparvathy S.L.) Under Secretary to the Government of India ************** Notes: 1. Substituted v

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