Author: admin_gst

FEMA – Started By: – Ramaswamy S – Dated:- 11-8-2017 Last Replied Date:- 14-8-2017 – An EOU can pay in Foreign Currency to another EOU on the procurement. IN other words EOU can bill in FC to another EOU (pre GST).Under the GST, EOU is treated at par with DTA. In that case can an EOU bill to another EOU in FC or in other words the settlement of the invoice by one EOU to another in FC.Expert views solicited.RegardsS.Ramaswamy – Reply By RAMESH PRAJAPATI – The Reply = EOU scheme still exists in t

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TRANSITIONAL PROVISIONS IN GST – Goods and Services Tax – GST – Dated:- 11-8-2017 – TRANSITIONAL PROVISIONS IN GST – News – Press release

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INPUT TAX CREDIT & RELATED ASPECTS – Goods and Services Tax – GST – Dated:- 11-8-2017 – INPUT TAX CREDIT & RELATED ASPECTS – News – Press release

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Goods and Services Tax – Started By: – Ramaswamy S – Dated:- 11-8-2017 Last Replied Date:- 12-6-2018 – As per DGFT TN dated 30.06.2017 read with Customs Notification 59/2017, the EOU needs to pay back the customs duty foregone on DTA clearances. The exemption allowed under 52/2003 is withdrawn in Notification 59/2017. Whether the EOU needs to pay the customs duty on Transaction Value of clearance of scrap or they need to repay the duty foregone proportionately. Secondly, when the customs duty at the full rate is payable on the DTA clearances, whats the need for fixing the Norms. The Norms has lost its sanctity. Request the experts views Regards S.Ramaswamy – Reply By RAMESH PRAJAPATI – The Reply = As I understand, on imports BCD exemption

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committee. Otherwise BCD on inputs is required to be paid. – Reply By Abhijeet Bandal – The Reply = Query : As per amended exemption notification, there is no need to pay back the BCD on inputs used in process related to waste, scrap if it is within SION or as per norms approved by norms committee. Otherwise BCD on inputs is required to be paid. Reply: As per para 6.08 (a) (v) of FTP 2015-20 there is no such provision to prevent BCD reversal on scrap or waste sale in DTA, if it is within SION or as per norms approved by norms committee. The relevant para of FTP is attached for your ready reference; 6.08 DTA Sale of Finished Products / Rejects / Waste/ Scrap / Remnants and By-products; (v) The DTA sale by EOU/EHTP/STP/BTP units shall be subj

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Goods and Services Tax – Started By: – SURYAKANT MITHBAVKAR – Dated:- 11-8-2017 Last Replied Date:- 12-8-2017 – We have buy wine from wine merchant to serve our customer. The wine merchant has issued without GST invoice saying they are not covered under GST. The expenses booked in company books.The above bills can we do RCM if yes what is rate of GST. – Reply By Ramaswamy S – The Reply = Alcohol is outside the ambit of GST. Since it is outside the GST, question of RCM does not arise – Reply By

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Goods and Services Tax – Started By: – Pradeep Kaushik – Dated:- 11-8-2017 Last Replied Date:- 11-8-2017 – Dear Sir/s, Please share the process for Export under GST regime. Earlier, there was no need to pay duties and taxes on the procurements for Export. In this case, we have to provide ARE-1 and Proof of Export to our Supplier in India. But, currently, our supplier is insisting to charge the IGST on the Supply. It will make big impact on our cash flow. Please suggest how to proceed without pa

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GST – GST Law and Procedure – 012 – Chapter Twelve Reverse Charge Mechanism in GST Generally, the supplier of goods or services is liable to pay GST. However, in specified cases like imports and other notified supplies, the liability may be cast on the recipient under the reverse charge mechanism. Reverse Charge means the liability to pay tax is on the recipient of supply of goods or services instead of the supplier of such goods or services in respect of notified categories of supply. There are two type of reverse charge scenarios provided in law. First is dependent on the nature of supply and/or nature of supplier. This scenario is covered by section 9 (3) of the CGST/SGST (UTGST) Act and section 5 (3) of the IGST Act. Second scenario is covered by section 9 (4) of the CGST/SGST (UTGST) Act and section 5 (4) of the IGST Act where taxable supplies by any unregistered person to a registered person is covered. As per the provisions of section 9(3) of CGST / SGST (UTGST) Act, 2017 / sec

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ered supplier, he need to pay GST on reverse charge basis. However, supplies where the aggregate value of such supplies of goods or service or both received by a registered person from any or all the unregistered suppliers is less than five thousand rupees in a day are exempted. (Notification 8/2017-Central Tax (Rate) dated 28.06.2017). However, vide notification no.38/2017-Central Tax (Rate) dated 13.10.2017, (corresponding IGST notification no.32/2017-Integrated Tax (Rate) dated 13.10.2017) all categories of registered persons are exempted from the provisions of reverse charge under 9(4) of CGST / SGST (UTGST) Act, 2017 / section 5(4) of IGST Act, 2017, till 31.03.2018. This exemption is available only till 31.03.2018. The provisions of section 9(4) of the CGST Act, 2017, will not be applicable to supplies made to a TDS deductor in terms of notification no.9/2017-Central Tax (Rate) dated 28.06.2017. Thus, Government entities who are TDS Deductors under Section 51 of CGST Act, 2015, n

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the date immediately following thirty days from the date of issue of invoice or similar other document. In case of supply of services, time of supply is earliest of – a) date of payment as per books of account or date of debit in bank account, whichever is earlier; or b) the date immediately following sixty days from the date of issue of invoice or similar other document. Where it is not possible to determine time of supply using above methods, time of supply would be date of entry in the books of account of the recipient. Compliances in respect of supplies under reverse charge mechanism: 1. As per section 31 of the CGST Act, 2017 read with Rule 46 of the CGST Rules, 2017, every tax invoice has to mention whether the tax in respect of supply in the invoice is payable on reverse charge. Similarly, this also needs to be mentioned in receipt voucher as well as refund voucher, if tax is payable on reverse charge. 2. Maintenance of accounts by registered persons: Every registered person is

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urist Any registered person 4 Silk yarn Any person who manufactures silk yarn from raw silk or silk worm cocoons for supply of silk yarn Any registered person 4A Raw cotton Agriculturist Any registered person. 5 Supply of lottery State Government, Union Territory or any local authority Lottery distributor or selling agent 6 Used vehicles, seized and confiscated goods, old and used goods, waste and scrap Central Government, State Government, Union territory or a local authority Any registered person Supplies of services under reverse charge mechanism: S/No. Description of supply of Service Supplier of service Recipient of Service 1 Any service supplied by any person who is located in a non-taxable territory to any person other than non-taxable online recipient. Any person located in a non-taxable territory Any person located in the taxable territory other than non-taxable online recipient. 2 GTA Services Goods Transport Agency (GTA) who has not paid integrated tax at the rate of 12% Any

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or Union territory or local authority; (ii) services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport; (iii) transport of goods or passengers. Central Government, State Government, Union territory or local authority Any business entity located in the taxable territory 7 Services supplied by a director of a company or a body corporate to the said company or the body corporate A director of a company or a body corporate The company or a body corporate located in the taxable territory 8 Services supplied by an insurance agent to any person carrying on insurance business An insurance agent Any person carrying on insurance business, located in the taxable territory 9 Services supplied by a recovery agent to a banking company or a financial institution or a non-banking financial company A recovery agent A banking company or a financial institution or a non-banking financial company, located in the taxable territory 10 Services supplied by a per

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Goods and Services Tax – Started By: – phani raju konidena – Dated:- 11-8-2017 Last Replied Date:- 12-8-2017 – Sir, We are issuing GST Tax Invoices for each and every container for export on payment of duty. The consignment will be completed for 5000 M.T on bulk export from factory to port, for which we have to raise 200 tax invoices and accordingly ONE Shipping Bill is prepared by the Custom House Agent. To get the refund of IGST paid, it should have to mention all the GST Tax Invoice numbers in the 'Shipping Bill', how is it possible. What is the procedure we have to follow, kindly advise. – Reply By Rajagopalan Ranganathan – The Reply = Sir,Attach a statement listing the invoices covered by the Shipping Bill. – Reply By Ramaswam

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Goods and Services Tax – Started By: – pawan agrawal – Dated:- 11-8-2017 Last Replied Date:- 11-8-2017 – Do all brokers provide intermediary servicerequire compulsory GST registration and not benefit of threshold limit? if service related to interstate then what will be situation.. – Reply By Ramaswamy S – The Reply = If the supplies are interstate then the service provider is to get registered mandatorily. The threshold limit of 20 lacs/ 10 lacs is applicable only if the supplies are within th

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GST – States – F.1-11(92)-TAX/GST/2017(Part) – Dated:- 11-8-2017 – GOVERNMENT OF TRIPURA OFFICE OF THE COMMISSIONER OF TAXES P.N. COMPLEX, GURKHABASTI, AGARTALA NO.F.1-11(92)-TAX/GST/2017(Part) Dated, Agartala, the 11th August, 2017. MEMORANDUM Subject: Constitution of National Anti-profiteering Authority under GST. Section 171 of the Central Goods and Services Tax Act, 2017 and the State Goods Services Tax Acts provide for the establishment or a National Anti-profiteering Authority to ensure t

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Goods and Services Tax – 5/5/2017 – Dated:- 11-8-2017 – Rescinded vide Circular dated 4-10-2017 Circular No. 5/5/2017 – GST F. No. 349/82/2017-GST Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs GST Policy Wing New Delhi, Dated the 11th August, 2017 To, The Principal Chief Commissioners/Chief Commissioners/Principal Commissioners/ Commissioners of Central Tax (All) The Principal Director Generals/ Director Generals (All) Madam/Sir, Subject: Clarification on issues related to furnishing of Bond/Letter of Undertaking for Exports-Reg. Please refer to Notification No. 16/2017 – GST dated 7th July, 2017 and Circular No. 2/2/2017 – GST dated 5th July, 2017 and Circular No. 4/4/2017 – GST dated 7th July, 2017. A large number of communications have been received from the field formations and exporters citing variation in the interpretation of above referred notification and circulars. 2. Therefore, in exercise of powers conferred under section

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rt turnover, whichever is a higher amount, in the previous financial year. A few illustrations are as follows: i. An exporter had a turnover of ₹ 15 crore in the previous financial year. He would be eligible for LUT facility if remittance received against this export is ₹ 1.5 crore or more (10% of export turnover is more than ₹ 1 crore) ii. An exporter had a turnover of ₹ 5 crore in the previous financial year. He would be eligible for LUT facility if remittance received against this export is ₹ 1.0 crore or more (10% of export turnover is less than ₹ 1 crore) iii. An exporter has an export turnover of ₹ 2 crore. He has received ₹ 80 lacs as foreign inward remittances in FY 2016-17 which is 40% of the export turnover. He will not be eligible for LUT facility as remittance received is less than ₹ 1 crore. iv. An exporter has export turnover of ₹ 40crore. He has received ₹ 2 Crores as foreign inward remittances in FY 2016-

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most priority and should be accepted within a period of three working days from the date of submission of LUT/bond along with complete documents by the exporter. d. Purchases from manufacturer and form CT-1: It is learnt that there is lack of clarity about treatment of CT-1 form which was earlier used for purchase of goods by a merchant exporter from a manufacturer without payment of central excise duty. The scheme holds no relevance under GST since transaction between a manufacturer and a merchant exporter is in the nature of supply and the same has not been exempted under GST even on submission of LUT/bond. Therefore, such supplies would be subject to GST. The zero rating of exports, including supplies to SEZ, is allowed only with respect to supply by the actual exporter under LUT/bond or payment of IGST. e. Transactions with EOUs: Zero rating is not applicable to supplies to EOUs and there is no special dispensation for them. Therefore, supplies to EOUs are taxable under GST just l

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y also be realized in rupees, provided it is through a freely convertible Vostro account of a non-resident bank situated in any country other than a member country of Asian Clearing Union (ACU) or Nepal or Bhutan . Accordingly, it is clarified that acceptance of LUT instead of a bond for supplies of goods to Nepal or Bhutan or SEZ developer or SEZ unit will be permissible irrespective of whether the payments are made in Indian currency or convertible foreign exchange as long as they are in accordance with applicable RBI guidelines. It may also be noted that supply of services to SEZ developer or SEZ unit will also be permissible on the same lines. The supply of services, however, to Nepal or Bhutan will be deemed to be export of services only if the payment for such services is received by the supplier in convertible foreign exchange. g. Bank guarantee: Circular No. 4/4/2017 dated 7th July, 2017 provides that bank guarantee should normally not exceed 15% of the bond amount. However, th

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ountal of receipts and turnover across different registered person with the same PAN. But the total amount of inward foreign remittances received by all the registered persons, having one Permanent Account Number, maybe ₹ 1 crore or more and it also maybe 10% or more of total export turnover. In such cases, the registered person can be allowed to submit bond without bank guarantee. h. Jurisdictional officer: It has been clarified in Circular Nos. 2/2/2017 – GST dated 4th July, 2017 and 4/4/2017 – GST dated 7th July, 2017 that Bond/LUT shall be accepted by the jurisdictional Deputy/Assistant Commissioner having jurisdiction over the principal place of business of the exporter. The exporter is at liberty to furnish the bond/LUT before Central Tax Authority or State Tax Authority till the administrative mechanism for assigning of taxpayers to respective authority is implemented. It is reiterated that the Central Tax officers shall facilitate all exporters whether or not the exporter

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GST – States – F.3(22)/Fin(Rev-I)/2017-18/DS-VI/515 – Dated:- 11-8-2017 – FINANCE (REVENUE-1) DEPARTMENT NOTIFICATION Delhi, the 11th August, 2017 No. F. 3(22)/Fin(Rev-I)/2017-18/DS-VI/515.- In exercise of the powers conferred by section 164 of the Delhi Goods and Services Tax Act, 2017 (Delhi Act 03 of 2017), the Lt. Governor of the National Capital Territory of Delhi, hereby makes the following rules further to amend the Delhi Goods and Services Tax Rules, 2017, namely:- (1) These rules may be called the Delhi Goods and Services Tax (Fourth Amendment) Rules, 2017. (2) Save as otherwise provided, they shall come into force on the date of publication in the Official Gazette. 2. In the Delhi Goods and Services Tax Rules, 2017 (hereinafter r

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shall be the applicable rate of exchange determined as per the generally accepted accounting principles for the date of time of supply of such services in terms of section 13 of the Act. . 4. In the principal Rules, in rule 46, for the third proviso, the following proviso shall be substituted, namely:- Provided also that in the case of the export of goods or services, the invoice shall carry an endorsement SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS ON PAYMENT OF INTEGRATED TAX or SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS UNDER BOND OR LETTER OF UNDERTAKING WITHOUT PAYMENT OF INTEGRATED TAX , as the case may be, and shall, in lieu of the details specified

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ed, after the due date for furnishing of details in FORM GSTR-2- (a) Part A of the return in FORM GSTR-3 shall be electronically generated on the basis of information furnished through FORM GSTR-1, FORM GSTR-2 and based on other liabilities of preceding tax periods and PART B of the said return shall be electronically generated on the basis of the return in FORM GSTR-3B furnished in respect of the tax period; (b) the registered person shall modify Part B of the return in FORM GSTR-3 based on the discrepancies, if any, between the return in FORM GSTR-3B and the return in FORM GSTR-3 and discharge his tax and other liabilities, if any; (c) where the amount of input tax credit in FORM GSTR-3 exceeds the amount of input tax credit in terms of F

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GST – States – EXN-F(10)-23/2017 – Dated:- 11-8-2017 – EXCISE AND TAXATION DEPARTMENT CORRIGENDUM Shimla-2, the 11th August, 2017 No. EXN-F(10)-23/2017.-In the Himachal Pradesh Goods and Services Tax Rules, 2017:- (i) in rule 26, (a) in sub-rule(1), for the words "Board", the word "Government" may be read; (ii) in rule 46, (a) in the first proviso, for the word "Board" the word "Government" may be read; (iii) in rule 55, (a) in the clause (d) of sub-rule(

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GST – States – EXN-F(10)-25/2017 – Dated:- 11-8-2017 – EXCISE AND TAXATION DEPARTMENT NOTIFICATION Shimla-171002, the 11th August, 2017 No. EXN-F(10)-25/2017.-In exercise of the powers conferred by section 164 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017), the Governor of Himachal Pradesh is pleased to make the following rules further to amend the Himachal Pradesh Goods and Services Tax Rules, 2017, namely:- (1) These rules may be called the Himachal Pradesh Goods and Services Tax (Fourth Amendment) Rules, 2017. (2) Save as otherwise provided, they shall come into force on the date of publication in the Official Gazette. 2. In the Himachal Pradesh Goods and Services Tax Rules, 2017, (i) in rule 24, with effect from

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per the generally accepted accounting principles for the date of time of supply of such services in terms of section 13 of the Act. ; (iii) in rule 46, with effect from 1st July, 2017, for the third proviso, the following proviso shall be substituted, namely:- Provided also that in the case of the export of goods or services, the invoice shall carry an endorsement SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS ON PAYMENT OF INTEGRATED TAX or SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS UNDER BOND OR LETTER OF UNDERTAKING WITHOUT PAYMENT OF INTEGRATED TAX , as the case may be, and shall, in lieu of the details specified in clause (e), contain the following detai

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(a) Part A of the return in FORM GSTR-3 shall be electronically generated on the basis of information furnished through FORM GSTR-1, FORM GSTR-2 and based on other liabilities of preceding tax periods and PART B of the said return shall be electronically generated on the basis of the return in FORM GSTR-3B furnished in respect of the tax period; (b) the registered person shall modify Part B of the return in FORM GSTR-3 based on the discrepancies, if any, between the return in FORM GSTR-3B and the return in FORM GSTR 3 and discharge his tax and other liabilities, if any; (c) where the amount of input tax credit in FORM GSTR-3 exceeds the amount of input tax credit in terms of FORM GSTR-3B, the additional amount shall be credited to the elec

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GST – States – C1-24614/16/CT E-office 11137/17 – Dated:- 11-8-2017 – Office of the Commissioner, Kerala Goods and Services Taxes Department, Tax Tower, Thiruvananthapuram. C1-24614/16/CT E-office 11137/17 Dated 11th August 2017 ADVISORY – 4 Sub:- GST- Composition Scheme – reg Normally the taxable person is required to pay CST at specified rate on supply of goods or services. However, the CST law provides simplified scheme under Section 10 for payment of taxes under composition scheme for small and medium business enterprises. It is merely an extension of presumptive tax payer scheme under the VAT laws. The objective of composition scheme is to bring simplicity and to reduce the compliance cost for the small taxpayers. It is an optional scheme, instead of paying tax at normal rate. The composition scheme minimizes the burden of compliance and saved from the maintenance of elaborate records and filing of detailed returns. There is no restriction on procuring goods from inter-state supp

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for composition scheme. ix) The person opting the composition scheme shall not collect composition tax for the supplies made. x) The person opting the composition scheme is not eligible to avail input tax credit. xi) Stock held as on 30th June, 201 7 shall not include imported or interstate purchased goods. xii) Stock held as on 30th June, 2017 shall not include goods purchased from unregistered supplies. However such persons can opt the scheme after paying tax at CST schedule rate. xiii) If more than one registration is token against a single PAN, all registered persons shall opt this scheme. xiv) A composition taxpayer shall display the word 'Composition taxable person' in the signboard. A composition taxpayer cannot issue a tax invoice but issue bill of supply. In the top of the bill of supply endorse the word 'Composition taxable person, not eligible to collect tax on supplies'. A buyer from composition dealer is not eligible to claim input tax on such goods. Specim

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for Supplier /Seal/ Authorised signatory Name of Firm Conditions: Bill No. shall not exceed 16 characters. Multiple bill series can be used but unique for a financial year. If the recipient is not a registered dealer and not requested invoice, a consolidated tax invoice to be issued for such supplies at the close of each day. Quantum of Tax payable: A registered taxpayer. who opt the Composition Scheme, shall be required to pay tax on the aggregate turnover. Turnover in State means aggregate value of taxable and exempted supplies. The specified rate is shown below: Category CGST Rate SGST Rate Manufacturers :- Excluding manufactures of i) Ice Ice cream and other edible ice, whether or not containing cocoa) ii) Pan Masala. iii) Tobacco and manufactured tobacco substitutes. 1% 1% Restaurant Services (Excluding supply of liquor) 2.50% 2.50% Any other supply 0.50% 0.50% Intimation for composition: i) As per Rule 4 of CST Rules, a taxable person migrated from pre-GST period con file option

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er shall file an application electronically in Form GST CMP-04. Return Filing: A person opting composition scheme is required to furnish single quarterly return i.e. GSTR-4 and an annual return in FORM GSTR-9A. The GSTR-4 contains details of the turnover in the State, inward supplies of goods/ services and tax payable. A person opting for composition levy will have to pay tax on quarterly basis. The details in GSTR-4 should be furnished between 11th and 18th of the month succeeding the quarter during which the supplies were made. Breach of conditions: If the proper officer has reason to believe that a composition dealer has wrongly availed the benefit under the composition scheme, then such a person shall be liable to pay all the taxes under the normal scheme. In such scenario officer shall issue a show cause notice 10 such person in Form GST CMP-05. On receipt of the notice, reply shall be filed electronically within days in Form GST CMP-06. Based on the reply, proper officer shall is

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GST – States – FA 3-55/2017-1-V-(87) – Dated:- 11-8-2017 – Bhopal, the 11th August 2017 No. F-A 3-55-2017-1-V-(87). In exercise of the powers conferred by sub-rule (5) of Rule 61 of the Madhya Pradesh Goods and Services Tax Rules, 2017 read with Section 168 of the Madhya Pradesh Goods and Services Tax Act, 2017 (No. 19 of 2017), the Commissioner, on the recommendations of the Council, specifies that the return for the month as specified in column (2) of the Table below shall be furnished in FOR

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GST – States – Circular No. 01/2017 TNGST – Dated:- 11-8-2017 – GOVERNMENT OF TAMIL NADU COMMERCIAL TAXES DEPARTMENT Ezhilagam, Chepauk, Chennai 5 Circular No. 01/2017 TNGST (Re 085/2016 Taxation A1) Dated: 11-08-2017 Subject: Submission of Bond/Letter of Undertaking by the Exporter in respect of Exports without payment of Integrated Tax under the IGST Act. 1. The Tamil Nadu Goods and Services Tax Act, the Central Goods and Services Tax Act, 2017 and the Integrated Goods and Services Tax Act, 2017, have come into force with effect from 1st July 2017. 2. Section 16(3) of the Integrated Goods and Services Tax Act, 2017 (hereinafter referred to as the IGST Act ) provides that a registered person making zero rated supply shall be eligible to claim refund under either of the following options, namely:- (a) he may supply goods or services or both under bond or Letter of Undertaking, subject to such conditions, safeguards and procedure as may be prescribed, without payment of integrated tax

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of integrated tax paid on export of goods or services can be availed by submission of bond or Letter of Undertaking in Form GST RFD-011. 5. Any registered persons availing the option to supply goods or services for export without payment of integrated tax is required to furnish, prior to export, a bond or a Letter of Undertaking in FORM GST RFD-11 to the jurisdictional Commissioner, binding himself to pay the tax due along with the interest specified under sub-section (1) of section 50 within a period of,- (a) Fifteen days after the expiry of three months from the date of issue of invocie tor export, if the goods are not exported out of India: or (b) Fifteen days after the expiry of one year, or such further period as may be allowed by the Commissioner, from the date of issue of invoice for export, if the payment of such services is not received by the exporter in convertible foreign exchange. 6. In this background queries have been received from the Trade and Merchantile Associations

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tax payers to respective authority is implemented. However, if in a State, the Commissioner of State Tax so directs, by a general instruction, to exporter, the Bond/LUT in all cases be accepted by Central Tax officer till such time the said administrative mecahnism is implemented, Central Tax officers are directed to take every step to facilate the exporters. 8. It is relevant to note that section 4 of Integrated Goods and Services Tax Act, 2017 provides that the officers appointed under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act are authorised to be the proper officers for the purposes of the Integrated Goods and Services Tax Act, 2017 and Notification No. 4/2017 – Integrated Tax, dated the 28th June, 2017 provides that the Central Goods and Services Tax Rules, 2017, for carrying out the provisions specified in section 20 of the Integrated Goods and Services Tax Act, 2017 shall, so far as may be, apply in relation to integrated tax as they

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etter of Undertaking in place of a bond (vide Notification No. 16/2017 Central Tax, dated 07-07-2017):- (a) a status holder as specified in paragraph 5 of the Foreign Trade Policy 2015-2020; or (b) who has received the due foreign inward remittances amounting to a minimum of 100% of the export turnover, which should not be less than one crore rupees, in the preceding financial year, and he has not been prosecuted for any offence under the Central Goods and Services Tax Act, 2017 (12 of 2017) or under any of the existing laws in case where the amount of tax evaded exceeds two hundred and fifty lakh rupees. 11. The Letter of Undertaking shall be furnished in duplicate for a financial year in the annexure to FORM GST RFD – 11 referred to in sub-rule (1) of rule 96A of the Central Goods and Services Tax Rules, 2017 and it shall be executed by the working partner, the Managing Director or the Company Secretary or the proprietor or by a person duly authorised by such working partner or Board

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2017 (8) TMI 1170 – DELHI HIGH COURT – 2017 (358) E.L.T. 143 (Del.) – Clandestine manufacture and removal – According to the Department, unaccounted copper ingots and kachi parchis were found during search – Held that: – The view taken by the CESTAT on an appreciation of the evidence, in the facts and circumstances of the case, cannot be said to be improbable. Mr. Harpreet Singh was unable to persuade the Court to hold that there was any perversity vitiating the said findings – appeal dismissed – decided against Revenue. – CEAC No. 21/2017 & CM APPL 28675/2017 AND CEAC No. 23/2017 & CM APPL 28677/2017 Dated:- 11-8-2017 – S. MURALIDHAR & PRATHIBA M. SINGH JJ Appellant Through: Mr. Harpreet Singh, Senior Standing Counsel with Ms. Namrat

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that during the time of search Mr. Satish Kumar Chopra, the General Manager of the company, was present and a panchnama was drawn on the spot. According to the Department, unaccounted copper ingots and kachi parchis were found. 3. On 31st July, 2007 a Show Cause Notice ( SCN ) was issued to the Respondents. By the order in original dated 27th March, 2009 passed by the CCE a demand of ₹ 4,34,73,449.87/- was confirmed. Apart from this, penalty and interest was also levied. 4. Aggrieved by the above adjudication order, both the Respondents filed their respective appeals before the CESTAT which were allowed by the common impugned order dated 26th December, 2016. 5. The Court has heard the submissions of Mr. Harpreet Singh, Senior Standin

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ods. Reliance is placed by the Department on the statement made by Mr. S. K. Chopra which, however, was retracted. During cross-examination, Mr. Chopra claimed that the initial statement was recorded under threat of arrest. 8. As far as the 102 slips found in File 25 of the seized records was concerned, reliance is placed by the Department on the statements recorded of one Mr. Gopal Krishnan as well as Mr. S. K. Chopra. The CESTAT found that the explanation given by these two deponents was contradictory in terms of the figures and other particulars and, therefore, was unreliable. 9. The view taken by the CESTAT on an appreciation of the evidence, in the facts and circumstances of the case, cannot be said to be improbable. Mr. Harpreet Singh

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2017 (8) TMI 1171 – DELHI HIGH COURT – 2017 (358) E.L.T. 99 (Del.) – SSI exemption – dummy units – It was found that while the Show Cause Notice (‘SCN’) was issued to the Respondent and three of its directors, no SCN was issued to the dummy units – Held that: – each of the four units have independent existence as private limited companies or partnerships. Two of them were stated to be existing even prior to the incorporation of the Respondent – without issuing the SCN to the other units, the clearance of those units could not be combined with that of the Respondent – appeal dismissed – decided in favor of respondent-assessee. – CEAC No. 22/2017 & CM APPL 28676/2017 Dated:- 11-8-2017 – S. MURALIDHAR & PRATHIBA M. SINGH JJ. Appellant Th

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uring of cardboard cartons but is not registered with the department since the turnover was much below the threshold limit under CE Act. 3. According to the Department, the Respondent was manufacturing the excisable goods by using various dummy units that were managed and controlled by the Directors of the Respondent. It was found that while the Show Cause Notice ( SCN ) was issued to the Respondent and three of its directors, no SCN was issued to the dummy units. The demand raised in the SCN was confirmed by the impugned order of the CCE dated 27th February, 2009. 4. One of the points urged by the Respondent before the CESTAT was that the turnover of the four dummy units i.e. Unichem Engineering (P) Ltd., Anant Packaging, Akriti Packaging

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mier Heavy Engineering Corporation v. CCE 2016 (337) ELT 332 (Guj). The CESTAT quashed the demand confirmed by the impugned adjudication order. 6. Mr. Harpreet Singh, learned Senior Standing Counsel for the Department, relied on the decision of this Court in Diwan Sahib Fashions Pvt. Ltd. v. CCE, Delhi-I 2013 (288) ELT 529 (Tri-Del). 7. Having perused the said decision, the Court finds that it is distinguishable in its application to the facts of the present case. In that case, both the units whose turnover was sought to be clubbed were in fact issued the SCN. On the other hand, in the present case, the turnover of the four units whose turnover was sought to be clubbed with that of the Respondent were not issued the SCN. 8. The Court finds

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GST – States – Tax/4(53)/GST-NOTN/2016/01 – Dated:- 11-8-2017 – GOVERNMENT OF MANIPUR DEPARTMENT OF TAXES NOTIFICATION Imphal, the 11th August, 2017 No. Tax/4(53)/GST-NOTN/2016/1:- In exercise of the powers conferred by sub-rule (5) of rule 61 of the Manipur Goods and Services Tax Rules, 2017, read with section 168 of the Manipur Goods and Services Act, 2017 (3 of 2017), the Commissioner, on the recommendations of the Council, specifies that the return for the month as specified in column (2) o

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Goods and Services Tax – Started By: – Aakarshan Gupta – Dated:- 10-8-2017 Last Replied Date:- 26-9-2017 – We purchased goods from chennai and were delivered to our customer in delhi i.e. consignee, however 40% of goods were not accepted by our customer and were delivered to our place in punjab.The bill from chennai supplier was in name of our firm.Now the question is will i be able to book input gst and stock in my books of the material received by us in punjab on the basis of invoice received from chennai supplier? Are there any regulations to be followed in this case?? When the e way bill be applicable what steps would have to be followed then? – Reply By KASTURI SETHI – The Reply = How the sold goods were returned from Delhi to Punjab

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d bill of only 60% to the consignee in delhi and rest of goods were delivered to our address in punjab on the same invoice of chennai supplier. We didn't face any issue. This might be wrong.So how should we execute such transaction in future as this will happen in future also.The delhi based person is reluctant to issue debit note or purchase bill to us for 40% amount. – Reply By KASTURI SETHI – The Reply = Dear Querist,. You have changed your query. When 40 % goods are in your possession, why Delhi based person should issue debit note to you ? 40 % goods have not been entered into his books of accounts. Where are goods physically available at present ? – Reply By Aakarshan Gupta – The Reply = Sorry sir if i was not clear.The 40% goods

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Goods and Services Tax – Started By: – VIJAYANT DUBEY – Dated:- 10-8-2017 Last Replied Date:- 24-9-2017 – SIR MUJHE ARN NO. MIL GYA H AB MUJHE AAGE KYA KRNA HOGA JISSE MERA REGISTRETION PURA HO JAYE – Reply By KASTURI SETHI – The Reply = Wait for provisional registration certificate. It will be issued within a week. You will receive through your email ID. – Reply By Ganeshan Kalyani – The Reply = GST Provisional certificate appko mil jayega. – Reply By AshwaniKumar Sharma – The Reply = Sir,I had applied for Fresh GST Registration on 01st August 2017. I have received my Temprarory ID and ARN Number but I have not received My GSTin Number User ID and Password.Please advise me what should i do now…??Please reply…… – Reply By KASTURI SET

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ply = OR AGAR RCM APPLY HOGA TO SERVICE PROVIDER KO KYA KRNA HOGA MATLAB KI GST TO RECRIVER HI PAID KREGA OR REC BI WHI KREGA LEKIN PROVIDER KO KYA KRNA HOGA INNVOICE OR RETURN KE LIYE – Reply By KASTURI SETHI – The Reply = 'Manpower' is out of RCM w.e.f. 1.7.17 under GST regime. – Reply By VIJAYANT DUBEY – The Reply = LEKIN SIR REGISTRATION TO CIVIL CONTRACTOR KA LIYA HO OR USKA KAAM SIRF LABOUR SUPPLY KA H TAB OR USKI PICHLI INCOME TAX RETURNS BI AS A CIVIL CONTRACTOR HI GYI HO TO – Reply By VIJAYANT DUBEY – The Reply = SIR WHEN A PERSON SUPPLY LABOUR POWER AS A LABOUR CONTRACTOR TB BHI KYA WO RCM KE BAHAR HOGA – Reply By KASTURI SETHI – The Reply = Yes. Such supply of labour is also out of RCM. – Reply By Krishna Gupta – The Repl

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o h – Reply By KASTURI SETHI – The Reply = You will have to apply for new registration in the State where you have supplied labour. – Reply By KASTURI SETHI – The Reply = Your registration in another State is additional and linked to Original registration. Additional is not basic. Hence IGST. – Reply By KASTURI SETHI – The Reply = I am of the view that Govt. should allow additional place of business in another State instead of additional registration. This provision is illogical and csuses problem to the assessee. Govt. revenue is safe if it is done so. No danger to ITC policy. I advise you raise voice by way of making representation to GST Council. This should be done through Association of Industry or Service Providers. It may yield resul

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GST – GST Law and Procedure – 253 – Various Aspect of Taxability – Taxable event (Levy), Quantification of tax, Collection of tax etc. A taxable event is that which on its occurrence creates the liability to tax, which liability does not exist at a later point of time. Even though the taxable event of a tax happens to be at a particular point of time, the levy and collection of such tax may be postponed, for administrative convenience, to a later date. – Goodyear India Ltd. v. State of Haryana [1989 (10) TMI 52 – SUPREME Court] [two member bench] In the Goodyear India Ltd. (supra), Apex Court has said that, "It is well-settled that the main test for determining the taxable event is that on the happening of which the charge is affixed.

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– SUPREME Court] was dissented by the 3 member bench in the case of, Hotel Balaji Versus State of Andhra Pradesh [1992 (10) TMI 240 – SUPREME COURT OF INDIA], the basic principle as stated above was not touched upon. Further, 3 member bench of apex court in the case of State of Kerala v. Alex George [2004 (11) TMI 104 – SUPREME Court] decided the issue following the principle of taxable event as decided in the case of Goodyear India Ltd. v. State of Haryana [1989 (10) TMI 52 – SUPREME Court] [two member bench] Also see an important Decision by 5 member bench of the Supreme Court in the case of Godfrey Phillips India Ltd. and another Versus State of UP. and others (and other writ petitions and appeals) [2005 (1) TMI 391 – SUPREME COURT OF I

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Goods and Services Tax – GST – Dated:- 10-8-2017 – In order to take stock of the exports situation in the post GST regime, a meeting of all Regional Authorities of Directorate General of Foreign Trade (DGFT) and the SEZ Commissioners under the chairmanship of Director General of Foreign Trade, is being held on 10th and 11th August, 2017 in New Delhi. Regional Authorities, which are interfacing with the exporter community, will deliberate and give specific suggestions on GST and Mid-Term review

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Goods and Services Tax – GST – Dated:- 10-8-2017 – Ministry of Micro, Small and Medium Enterprises (MSME) welcomes the introduction of GST. The entire Khadi & Village Industries (KVI) sector has been enjoying the benefit of tax exemption even under the pre-independence era. With the exemption to the SSI sector being drastically reduced from the existing ₹ 150 lakh to ₹ 20 lakh, the exemption cover enjoyed by many of the Khadi Institutions (KIs) has been removed. KIs are now mandated to obtain registration under GST and also pay GST on various Khadi products which is 5%. The products of the Village Industries sector were either taxed @ 0-14.30% before-GST and post-GST the same products attracts tax @ 12-28%, and the details

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8% Hand-made paper (4802) 0-4% 12% Herbal Shampoo (3305) 5-12% 28% Leather Products (suit-case/brief-case/other articles) 5-12% 28% Agricultural, Horticultural or Forestry Machinery for Soil preparation 5% 12% Harvesting or threshing machinery 0% 12% All food mixes, sharbat, ready to eat packaged food 5% 18% Hand operated mechanical appliances, weighing 10 kg or less, used in the preparation, conditioning or serving of food or drink 5% 18% At present only Khadi yarn produced in Khadi sector is exempted, while other Khadi products attracts 5% GST. Ministry of MSME has approached Ministry of Finance to consider the sector for exemption from GST or to ensure a seamless flow of input tax credit in order for Khadi Institutions to claim input tax

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